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21827

Canadian Broadcasting Corporation v. Attorney General of New Brunswick

(New Brunswick) (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)
1991-12-19 Appeal closed
1991-11-25 Formal judgment sent to the registrar of the court of appeal and all parties, New Brunswick (Fredericton)
1991-11-25 Copy of formal judgment being prepared, Bergeron, Gaudreau, Pinet (Hull,QC)
1991-11-25 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1991-11-14 Notice of deposit of judgment sent to all parties, Gowling, Strthy & Henderson (Ottawa,ON)
1991-11-14 Notice of deposit of judgment sent to all parties, Bergeron, Gaudreau, Pinet (Hull,QC)
1991-11-14 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1991-11-14 Judgment on the appeal rendered, LaF L'HD So G Co McL St, The appeal is dismissed, McLachlin J. dissenting.
Dismissed, no order as to costs
1991-06-20 General proceeding, rtanscripts received and distributed to the justices (72 pages)
1991-06-06 Correspondence (sent by the Court) to, from A.G. Ontario (M. David Lepofsky); re: constitutional questions
1991-06-05 Order on motion to file a lengthy factum
1991-06-04 Correspondence (sent by the Court) to, (original) d'André G. Richard re: questions constitutionnelles
1991-06-04 Correspondence (sent by the Court) to, of John R. Cummings, Assistant Deputy Minister, Government of Newfoundland & Labrador re wish to be advised to argue a Constitutional question
1991-05-31 Hearing of the appeal, 1991-05-31, LaF L'HD So G Co McL St
Decision reserved
1991-05-30 Service, of book of authorities vol. 1 to 4
1991-05-30 Correspondence (sent by the Court) to, from John R. Cummings, gov. of Nfld and Labrador; re: constitutional questions
1991-05-29 Correspondence (sent by the Court) to, de André G. Richard; objet: questions constitutionnelles
1991-05-29 Correspondence (sent by the Court) to, from M. David Lepofsky; re: constitutional questions
1991-05-29 General proceeding, to note correspondence from David Lepofsky and André G. Richard distributed to Chief Justice Lamer.
1991-05-29 Correspondence (sent by the Court) to, from A. Roland sent to Mr. David Lepofsky C/O Attorney General for Ontario (Toronto,ON) advising that she can only recommend that Mr. Lepofsky make any application he may wish to the Court, upon due notice to all parties. Copy sent by fax to Mr. André Ri
1991-05-28 Decision on motion to file a lengthy factum, namely 25 pages,, G
Granted, no order as to costs
1991-05-28 Hearing of motion to file a lengthy factum, 1991-05-28, namely 25 pages,, G
1991-05-28 Submission of motion to file a lengthy factum, 1991-05-28, namely 25 pages,, G
1991-05-27 Response to the motion to file a lengthy factum, (namely 25 pages) Attorney General of New Brunswick
1991-05-27 Response to the motion to file a lengthy factum, (namely 25 pages) Canadian Broadcasting Corporation
1991-05-27 Affidavit, (namely 25 pages) Randall James Hofley Canadian Association of Journalists
1991-05-27 Motion to file a lengthy factum, (namely 25 pages) Canadian Association of Journalists
1991-05-24 Intervener's factum, 21 copies Canadian Association of Journalists
1991-05-24 Book of authorities, 10 copies (joint with 21629) Canadian Association of Journalists
1991-05-23 Book of authorities, 10 copies of vol. 5 Canadian Broadcasting Corporation
1991-05-22 Book of authorities, 10 copies of vol. I to IV Canadian Broadcasting Corporation
1991-05-17 Order on miscellaneous motion, to have the hearing of this appeal re-schedule to May/31/91 in the a.m.
1991-05-13 Service, du factum
1991-05-10 Respondent's factum, 21 copies, avec signification Attorney General of New Brunswick
1991-05-09 Order on motion for leave to intervene, Avec signification
1991-04-29 Decision on miscellaneous motion, to re-schudule the hearing of this appeal to May/31/91, together with appeal #21629 in the a.m., CJ
Granted, no order as to costs
1991-04-29 Hearing of miscellaneous motion, 1991-04-29, to re-schudule the hearing of this appeal to May/31/91, together with appeal #21629 in the a.m., CJ
1991-04-29 Submission of miscellaneous motion, 1991-04-29, to re-schudule the hearing of this appeal to May/31/91, together with appeal #21629 in the a.m., CJ
1991-04-26 Appeal hearing scheduled, 1991-05-31
Decision reserved
1991-04-25 Affidavit, to re-schedule the hearing of this appeal of Mr. Eduard Van Bemmel. Attorney General of New Brunswick
1991-04-25 Notice of miscellaneous motion, for an order to re-schedule the hearing of this appeal to the week of June 3, 1991 or June 10.1991 Attorney General of New Brunswick
1991-04-23 General proceeding, documents dans l'accord des parties sur le contenu du dossier déposés par la Cour d'appel du Nouveau-Brunswick
1991-04-19 Notice of hearing, Avec signification Canadian Broadcasting Corporation
1991-04-18 Decision on the motion for leave to intervene, file a factum and present oral argument no longer than 10 minutes,, G
Granted, no order as to costs
1991-04-18 Hearing of motion for leave to intervene, 1991-04-18, file a factum and present oral argument no longer than 10 minutes,, G
1991-04-18 Submission of motion for leave to intervene, 1991-04-18, file a factum and present oral argument no longer than 10 minutes,, G
1991-04-16 General proceeding, fax stating the the appellant consents to the motion for intervention of Canadian Association of Journalists; but Richard Gaudreau will be present on this motion Canadian Broadcasting Corporation
1991-04-16 Order on motion to expedite the appeal, of the case on appeal and the appellant's factum, avec signification
1991-04-15 Appellant's factum, 22 copies Canadian Broadcasting Corporation
1991-04-15 Certified casebook Canadian Broadcasting Corporation
1991-04-15 Case on appeal, 21 copies Canadian Broadcasting Corporation
1991-04-15 Appeal perfected for hearing, Session beginning on 1991-04-29, Avec signification
1991-04-15 Decision on motion to expedite the appeal, of the case on appeal and the appellant's factum, Reg
Granted, no order as to costs
1991-04-15 Hearing of motion to expedite the appeal, 1991-04-15, of the case on appeal and the appellant's factum, Reg
1991-04-15 Submission of motion to expedite the appeal, 1991-04-15, of the case on appeal and the appellant's factum, Reg
1991-04-12 Response to motion to expedite the appeal, of the case on appeal and the appellant's factum, avec signification Attorney General of New Brunswick
1991-04-12 Motion to expedite the appeal, of the case on appeal and the appellant's factum, avec signification Canadian Broadcasting Corporation
1991-04-11 Correspondence (sent by the Court) to, from André G. Richard requesting not to be heard during the week of June 2nd to June 9th
1991-04-05 Motion to extend time, for an application for leave to intervene Canadian Association of Journalists
1991-04-03 Affidavit, Shirley Muir, avec signification Canadian Association of Journalists
1991-04-03 Motion for leave to intervene, Avec signification Canadian Association of Journalists
1990-08-13 Order granting leave to appeal
1990-08-09 Notice of deposit of security
1990-08-09 Notice of appeal, (with affidavit of service of Lucie Richard), avec signification Canadian Broadcasting Corporation
1990-07-19 $500 security deposit paid, receipt #2152 Canadian Broadcasting Corporation
1990-07-18 Notice of appeal Canadian Broadcasting Corporation
1990-06-29 Close file on Leave
1990-06-29 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1990-06-29 Notice of deposit of judgment issued to all parties, McKelvey, MacAulay, Machum (Moncton,NB)
1990-06-28 Judgment of the Court on the application for leave to appeal, CJ G Co, The application for leave to appeal is allowed.
Granted, no order as to costs
1990-06-28 Hearing of the application for leave to appeal, 1990-06-28, CJ G Co
1990-06-28 All materials on application for leave submitted to the Judges, 1990-06-28, CJ G Co
1990-05-24 All materials on application for leave submitted to the Judges, CJ G Co
1990-02-22 Service, letter on the application for leave to appeal book
1990-02-20 $30.00 filing fee, receipt #16660 Canadian Broadcasting Corporation
1990-02-20 Application for leave to appeal, 5 copies, Completed on: 1990-02-20 Canadian Broadcasting Corporation

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
Canadian Broadcasting Corporation Applicant Active

v.

Main parties - Respondents
Name Role Status
Attorney General of New Brunswick Respondent Active

Other parties

Other parties
Name Role Status
Canadian Association of Journalists Intervener Active

Counsel

Party: Canadian Broadcasting Corporation

Counsel
Name
André G. Richard
Contact information
Stewart McKelvey Stirling Scales
601 - 644 Main St.
C.P. 20070
Moncton, New Brunswick
E1C 9M1
Telephone: (506) 853-1970
FAX: (506) 858-8454
Agent
Name
Richard Gaudreau
Contact information
Bergeron, Gaudreau, Laporte
167, rue Notre Dame
Hull, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.com

Party: Attorney General of New Brunswick

Counsel
Name
Graham J. Sleeth, Q.C.
Contact information
Attorney General of New Brunswick
445 CENTENNIAL BLDG
PO BOX 6000
FREDERICTON, New Brunswick
E3B 5H1
Telephone: (506) 453-2784
FAX: (506) 453-5364
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Canadian Association of Journalists

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

April 7, 1989
Court of Queen’s Bench of New Brunswick

M/M/312/88

Mandat de perquisition cassé

December 22, 1989
Court of Appeal of New Brunswick

83/89/CA

Appel accueilli et délivrance du mandat de perquisition confirmée

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