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21753

A., et al. v. Her Majesty the Queen

(Quebec) (Criminal) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
1994-07-13 Appeal closed
1990-12-04 Formal judgment sent to the registrar of the court of appeal and all parties, (Mtl,QC)
1990-12-04 Copy of formal judgment being prepared, David Lucas, C/O Department of Justice (Mtl,QC)
1990-12-04 Copy of formal judgment being prepared, Stikeman & Elliott (Toronto,ON)
1990-05-17 Decision on miscellaneous motion, CJ La W LaF L'HD So G Co McL, The order of this Court dated February 15, 1990, providing that "all proceedings in this appeal, including the judgment and reasons for judgment, shall be sealed until further order", is discontinued. / Il est mis fin à l'ordonnance de notre Cour en date du 15 février 1990 prévoyant que "tous les actes de procédure, y compris le jugement et les motifs de jugement, seront placés sous scellés jusqu'à nouvelle ordonnance à ce sujet."
Granted, no order as to costs
1990-05-17 Hearing of miscellaneous motion, 1990-05-17, CJ La W LaF L'HD So G Co McL
1990-05-17 Submission of miscellaneous motion, 1990-05-17, CJ La W LaF L'HD So G Co McL
1990-05-03 Correspondence (sent by the Court) to, from Stikeman, Elliott advising Court that Appellant's will not be seeking to show just cause why file should be sealed.
1990-04-26 General proceeding, to note the parties to this appeal are hereby given until May 11, 1990 to show cause why the Order dated February 15, 1990 sealing the proceedings in this appeal, including the judgment and reasons for judgment, should not be varied to permit public acces
1990-04-26 Affidavit, of Stephen N. Bindman Stephen N. Bindman
1990-04-26 Notice of miscellaneous motion, for an order setting aside or varying the order sealing the Court file in this Appeal or for an order granting access to all or part of File. Southam Inc.
1990-02-22 Decision on miscellaneous motion, CJ La W LaF L'HD So G Co McL, (Counsel shall be permitted to release the factums filed in this Court in these proceedings to the judge presiding at the re-hearing directed pursuant to the judgment of this Court dated February 15, 1990, to the extent the judge presiding at the re-hearing deems it appropriate.
Granted, no order as to costs
1990-02-22 Hearing of miscellaneous motion, 1990-02-22, CJ La W LaF L'HD So G Co McL
1990-02-22 Submission of miscellaneous motion, 1990-02-22, CJ La W LaF L'HD So G Co McL
1990-02-20 Affidavit, of Robert Reuter A.
1990-02-20 Notice of miscellaneous motion, for an order abridging time, permitting the filing of fax copies in lieu of original document, for order permitting counsel to release factums to judge presiding at re-hearing. A.
1990-02-15 General proceeding, to note all proceedings in this appeal, including the judgment and reasons for jdugment, shall be sealed until further order; provided that counsel shall deliver to the judge presiding at the re-hearing a copy of the reasons of this Court prior to the com A.
1990-02-15 Judgment on the appeal rendered, CJ La W LaF L'HD So G Co McL, The appeal is allowed and a new hearing before a judge of the Superior Court is directed. Lamer and McLachlin JJ. dissenting. There will be no order as to costs.
Allowed, no order as to costs
1990-02-06 General proceeding, to note appellant's do not abandon the alternative relief to quashing the subpoena
1990-02-02 Hearing of the appeal, 1990-02-02, CJ La W LaF L'HD So G Co McL
Decision reserved
1990-02-02 Decision on miscellaneous motion, CJ La W LaF L'HD So G Co McL
Granted, no order as to costs
1990-02-02 Hearing of miscellaneous motion, 1990-02-02, CJ La W LaF L'HD So G Co McL
1990-02-02 Submission of miscellaneous motion, 1990-02-02, CJ La W LaF L'HD So G Co McL
1990-02-01 Book of authorities, 10 copies Her Majesty the Queen
1990-01-31 Book of authorities, 10 copies vols. 1 to 3 A.
1990-01-30 Notice of miscellaneous motion, for a special leave to tender the affidavit of Joseph O'Neil Gaetan Pouliot Her Majesty the Queen
1990-01-30 Respondent's factum, 21 copies Her Majesty the Queen
1990-01-26 Notice of miscellaneous motion, for an order abridging time, for order that the proceedings be held in camera, that the Court file be sealed that no person shall publish or disclose the contents of this case A.
1990-01-26 Appellant's factum, 20 copies, with service A.
1990-01-26 Case on appeal, 21 copies, with service A.
1990-01-22 Decision on miscellaneous motion, La W G Co McL, The motion for an order abridging the time for service of this notice of motion is granted. The Court permits release of the three orders rendered by this Court on Junuary 11, 1990 to the judge presiding over the trial for which a subpoena was issued against Appellant A. The appellants are dispensed with the obligation of reproducing in the Case the three orders rendered by this Court on January 11, 1990.
Granted, no order as to costs
1990-01-22 Hearing of miscellaneous motion, 1990-01-22, La W G Co McL
1990-01-22 Submission of miscellaneous motion, 1990-01-22, La W G Co McL
1990-01-18 Notice of appeal, 2 copies A.
1990-01-17 Affidavit, of Ronalda Murphy A.
1990-01-17 Notice of miscellaneous motion, for an order permitting the service and the filing by fax in lieu of original documents. A.
1990-01-12 Affidavit, of David Lucas Her Majesty the Queen
1990-01-12 Notice of miscellaneous motion, for an order abridging time for service of this notice, for an order permitting service by fax, for an order permitting filing of fax copies in lieu of original documents Her Majesty the Queen
1990-01-11 Judgment of the Court on the application for leave to appeal, La W G Co McL
Granted, no order as to costs
1990-01-11 Hearing of the application for leave to appeal, 1990-01-11, La W G Co McL
1990-01-11 All materials on application for leave submitted to the Judges, 1990-01-11, La W G Co McL
1990-01-11 Close file on Leave
1990-01-11 Appeal hearing scheduled, 1990-02-02
Decision reserved
1990-01-11 Appeal perfected for hearing, Session beginning on 1990-01-22, (entered for the purpose of entering this case in the computer)
1990-01-11 Decision on the miscellaneous motion, La W G Co McL
Granted, no order as to costs
1990-01-11 Hearing of miscellaneous motion, 1990-01-11, La W G Co McL
1990-01-11 Submission of miscellaneous motion, 1990-01-11, La W G Co McL
1990-01-11 Decision on the motion for a stay of execution, La W G Co McL
Granted, no order as to costs
1990-01-11 Hearing of motion for a stay of execution, 1990-01-11, La W G Co McL
1990-01-11 Submission of motion for a stay of execution, 1990-01-11, La W G Co McL
1990-01-11 General proceeding, to note Court of Appeal judgment filed A.
1990-01-10 Response to miscellaneous motion, for an order sealing the file & to the leave application being held in camera. Her Majesty the Queen
1990-01-10 Affidavit, of Ronalda Murphy A.
1990-01-10 Notice of miscellaneous motion, for an order adridging time for service of notice of motion & for order staying enforcement of subpoena compelling Applicant to appear as witness; for an order stat the proceedings be held in camera; for an order that the Court file be sealed; for an orde A.
1990-01-10 Motion for a stay of execution, 10 copies A.
1990-01-10 Application for leave to appeal, 10 copies, Completed on: 1990-01-10 A.
1990-01-10 Notice of application for leave to appeal, 11 copies A.
1990-01-09 Correspondence received from, from Stikeman, Elliott outlining the nature of the case

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
A. Applicant Active
B. Applicant Active
C. Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Other parties

Other parties
Name Role Status
Southam Inc. Intervener Pending
Bindman, Stephen N. Intervener Pending

Counsel

Party: A.

Counsel
Names
Robert Robert Rueter
Michel Décary
Contact information
Stikeman, Elliott
5300 COMMERCE CT W
PO BOX 85 STN COMMERCE CRT
TORONTO, Ontario
M5L 1B9
Telephone: (416) 869-5500
FAX: (416) 947-0866

Party: B.

Counsel
Name
Robert Robert Rueter
Contact information
Stikeman, Elliott
5300 COMMERCE CT W
PO BOX 85 STN COMMERCE CRT
TORONTO, Ontario
M5L 1B9
Telephone: (416) 869-5500
FAX: (416) 947-0866

Party: C.

Counsel
Name
Robert Robert Rueter
Contact information
Stikeman, Elliott
5300 COMMERCE CT W
PO BOX 85 STN COMMERCE CRT
TORONTO, Ontario
M5L 1B9
Telephone: (416) 869-5500
FAX: (416) 947-0866

Party: Her Majesty the Queen

Counsel
Names
David I. Lucas
Bernard Laprade
Contact information
Procureur général du Canada
200 BOUL RENÉ-LÉVESQUE O
MONTRÉAL, Quebec
H2Z 1X4
Telephone: (514) 283-4808
FAX: (514) 283-3856

Party: Southam Inc.

Counsel
Name
Richard G. Dearden
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin Street
P.O. Box 466, Stn D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0135
FAX: (613) 563-9869
Email: Richard.Dearden@gowlings.com

Party: Bindman, Stephen N.

Counsel
Name
Richard G. Dearden
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin Street
P.O. Box 466, Stn D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0135
FAX: (613) 563-9869
Email: Richard.Dearden@gowlings.com

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

January 4, 1990
Superior Court of Quebec

500-01-006839-895

Order that the motion be held in camera

January 8, 1990
Court of Appeal of Quebec (Montréal)

500-10-000004-901

Appeal dismissed

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2025-05-13