Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
25593
Thomson Newspapers Company Limited, et al. v. Attorney General of Canada
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1998-07-09 | Appeal closed | |
| 1998-07-09 | Record returned to the Registrar of the Court of Appeal, (1 accordeon file) | |
| 1998-06-10 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto, Ontario) | |
| 1998-06-10 | Copy of formal judgment being prepared, all parties | |
| 1998-06-01 | Notice of deposit of judgment sent to all parties, all parties | |
| 1998-05-29 |
Judgment on the appeal rendered, CJ L'HD So G Co McL Ia Ma Ba, The appeal is allowed with costs and s. 322.1 of the Canada Elections Act is declared to be inconsistent with the Canadian Charter of Rights and Freedoms and hence of no force or effect by reason of s. 52 of the Constitution Act, 1982. Lamer C.J. and L'Heureux-Dubé and Gonthier JJ. are dissenting. The constitutional questions are answered as follows: (For Constitutional Questions see file) Allowed, with costs |
|
| 1998-01-14 | Correspondence (sent by the Court) to, from A. Roland to R. Anderson re: acknowledge receipt of his submissions filed on Dec. 15, 1997 | |
| 1997-12-24 | Correspondence (sent by the Court) to, from W. Binnie to A. Roland, letter dated Dec. 24, 1997 (fax copy) re: responding to the submissions filed by R. Anderson (fax copy) | |
| 1997-12-23 | Correspondence (sent by the Court) to, from Roslyn Levine to A. Roland, letter dated Dec. 23, 1997 (fax copy) re: responding to the submissions filed by R. Anderson | |
| 1997-12-23 | Correspondence (sent by the Court) to, from Joseph Avray to Registrar, letter dated Dec. 17, 1997 re: responding to the submissions filed by R. Anderson | |
| 1997-12-15 | General proceeding, 10 copies of submissions filed by Robert S. Anderson, representing Southam Inc. in an action "Pacific Press", NOT A PARTY IN THIS COURT - (TO BE KEPT IN FILE, DO NOT SENT TO THE JUDGES, WAIT FOR MOTION FOR DIRECTIONS, IF FILED) - book form | |
| 1997-10-24 | General proceeding, transcripts received and distributed to the judges (81 pages) | |
| 1997-10-09 |
Hearing of the appeal, 1997-10-09, CJ L'HD So G Co McL Ia Ma Ba Decision reserved |
|
| 1997-10-09 | General proceeding, 10 copies of the Globe and Mail article of October 9, 1993 to be put at Tab 16 & 17 of the Book of Authorities | Thomson Newspapers Company Limited |
| 1997-10-09 | General proceeding, 12 copies of Condensed Book of Excerpts | Attorney General of Canada |
| 1997-10-08 | Book of authorities, 10 copies, with service, Completed on: 1997-10-08 | Attorney General of British Columbia |
| 1997-09-30 | Book of authorities, 10 copies, with service, Completed on: 1997-09-30 | Canadian Civil Liberties Association |
| 1997-09-19 |
Decision on motion to extend time, to file their factum to Sept.9/97, Reg Granted, no order as to costs |
|
| 1997-09-19 | Hearing of motion to extend time, 1997-09-19, to file their factum to Sept.9/97, Reg | |
| 1997-09-19 | Submission of motion to extend time, 1997-09-19, to file their factum to Sept.9/97, Reg | |
| 1997-09-10 | $50.00 filing fee for notice of motion, receipt #34685 | Canadian Civil Liberties Association |
| 1997-09-09 | Response to motion to extend time, to file the Canadian Civil Liberties Association's factum to sept. 9\97 (letterform from Gail Sinclair, Completed on: 1997-09-09 | Attorney General of Canada |
| 1997-09-09 | Affidavit, to file the factum to Sept. 9\97; A. Alan Borovoy, with service | Canadian Civil Liberties Association |
| 1997-09-09 | Motion to extend time, to file the factum to Sept. 9\97, with service, Completed on: 1997-09-09 | Canadian Civil Liberties Association |
| 1997-09-09 | Intervener's factum, 24 copies (motion requested - no marginal lining) (returned for correction Sept. 10\97) (back from correction on Sept. 11, 1997), with service, Completed on: 1997-09-09 | Canadian Civil Liberties Association |
| 1997-09-08 | Correspondence (sent by the Court) to, (by fax) dated Sept. 5/97 from Roslyn J. Levine, Q.C. re: will appear at the hearing with Gail Sinclair | |
| 1997-08-27 |
Appeal hearing scheduled, 1997-10-09 Decision reserved |
|
| 1997-08-11 | Book of authorities, 11 copies, with service, Completed on: 1997-08-11 | Attorney General of Canada |
| 1997-07-11 | Certified casebook, 1 copy of vols. 1 to 2 | Thomson Newspapers Company Limited |
| 1997-06-26 | Appeal court record, 1 accordion file | |
| 1997-06-24 |
Decision on the motion for leave to intervene, factum is limited to 20 pages & oral argument to 15 minutes, McL Granted, no order as to costs |
|
| 1997-06-24 | Hearing of motion for leave to intervene, 1997-06-24, factum is limited to 20 pages & oral argument to 15 minutes, McL | |
| 1997-06-24 | Submission of motion for leave to intervene, 1997-06-24, factum is limited to 20 pages & oral argument to 15 minutes, McL | |
| 1997-06-19 | Correspondence (sent by the Court) to, (by fax) from Colin S. Baxter; re: takes no position to the intervention of the Canadian Civil Liberties Association's | |
| 1997-06-13 | Intervener's factum, 24 copies (extension of time requested), with service, Completed on: 1997-06-13 | Attorney General of British Columbia |
| 1997-06-10 | Correspondence (sent by the Court) to, (by fax) from Gail Sinclair; re: does not oppose the intervention of the Canadian Civil Liberties Association | |
| 1997-05-27 | Affidavit, (of A. Alan Borovoy) 5 copies (bookfom) | Canadian Civil Liberties Association |
| 1997-05-27 | $50.00 filing fee for notice of motion, to intervene receipt #34201 | Canadian Civil Liberties Association |
| 1997-05-27 | Motion for leave to intervene, 5 copies (bookform), Completed on: 1997-05-27 | Canadian Civil Liberties Association |
| 1997-05-12 | Appeal perfected for hearing, Session beginning on 1997-10-06 | |
| 1997-05-09 | Respondent's factum, 25 copies, with service, Completed on: 1997-05-09 | Attorney General of Canada |
| 1997-05-07 |
Decision on the motion for a stay of execution, Following our 1984 decision in Robert Gould v. The Attorney General of Canada and the Solicitor General of Canada [1984] 2 S.C.R. 124 the application is dismissed, costs in the cause. (See CJ's order), CJ LaF So Co Ma Dismissed, no order as to costs |
|
| 1997-05-07 | Hearing of motion for a stay of execution, 1997-05-07, Following our 1984 decision in Robert Gould v. The Attorney General of Canada and the Solicitor General of Canada [1984] 2 S.C.R. 124 the application is dismissed, costs in the cause. (See CJ's order), CJ LaF So Co Ma | |
| 1997-05-07 | Submission of motion for a stay of execution, 1997-05-07, Following our 1984 decision in Robert Gould v. The Attorney General of Canada and the Solicitor General of Canada [1984] 2 S.C.R. 124 the application is dismissed, costs in the cause. (See CJ's order), CJ LaF So Co Ma | |
| 1997-04-29 | Proof of service, of reply on the stay | |
| 1997-04-29 | Other documents on motion for a stay of execution, 9 copies of REPLY of the applicants to the response for a stay | |
| 1997-04-29 | Other documents on motion for a stay of execution, 10 copies of Memorandum of argument IN RESPONSE to the stay | |
| 1997-04-28 | General proceeding, copy of C.A. Order | Thomson Newspapers Company Limited |
| 1997-04-21 | Notice of intervention respecting a constitutional question, With service | Attorney General of British Columbia |
| 1997-04-21 | Proof of service, of motion to stay (admitted on Apr. 17/97) | |
| 1997-04-17 | $50.00 filing fee for notice of motion, receipt #33966 (motion to stay) | Thomson Newspapers Company Limited |
| 1997-04-17 | Motion for a stay of execution, 10 copies, Completed on: 1997-04-17 | Thomson Newspapers Company Limited |
| 1997-04-07 | Order on motion to state a constitutional question | |
| 1997-03-27 |
Decision on the motion to state a constitutional question, (for questions see file). Notices of intention to intervene are to be filed no later than May 12/97, CJ Granted, no order as to costs |
|
| 1997-03-27 | Hearing of the motion to state a constitutional question, 1997-03-27, (for questions see file). Notices of intention to intervene are to be filed no later than May 12/97, CJ | |
| 1997-03-27 | Submission of motion to state a constitutional question, 1997-03-27, (for questions see file). Notices of intention to intervene are to be filed no later than May 12/97, CJ | |
| 1997-03-27 |
Decision on miscellaneous motion, The notice of motion by the appellants to abridge time and expedite the hearing of the appeal is denied (for reasons see file), CJ Dismissed, no order as to costs |
|
| 1997-03-27 | Hearing of miscellaneous motion, 1997-03-27, The notice of motion by the appellants to abridge time and expedite the hearing of the appeal is denied (for reasons see file), CJ | |
| 1997-03-27 | Submission of miscellaneous motion, 1997-03-27, The notice of motion by the appellants to abridge time and expedite the hearing of the appeal is denied (for reasons see file), CJ | |
| 1997-03-27 | Proof of service, of the notice of appeal | |
| 1997-03-26 | Proof of service, of the appellant's factum (fax copy) | |
| 1997-03-26 | Proof of service, of the memorandum in response to the respondent's response on motion to expedite the hearing (book form) | |
| 1997-03-26 | Proof of service, of the appellant's factum | |
| 1997-03-26 | Order granting leave to appeal | |
| 1997-03-25 | General proceeding, 1 copy of MEMORANDUM IN RESPONSE TO THE RESPONDENT'S RESPONSE ON MOTION TO EXPEDITE THE HEARING (fax copy) | Thomson Newspapers Company Limited |
| 1997-03-25 | Notice of appeal, Completed on: 1997-03-25 | Thomson Newspapers Company Limited |
| 1997-03-24 | General proceeding, 2 copies; objection to expediting of the hearing, with service | Attorney General of Canada |
| 1997-03-24 | Response to the motion to state a constitutional question, 2 copies, with service, Completed on: 1997-03-24 | Thomson Newspapers Company Limited |
| 1997-03-19 | $50.00 filing fee for notice of motion, receipt #33769 (motion to expedite) | Thomson Newspapers Company Limited |
| 1997-03-19 | $50.00 filing fee for notice of motion, receipt #33770 (const. question) | Thomson Newspapers Company Limited |
| 1997-03-19 | $500 security deposit paid, Direction #2411 | Thomson Newspapers Company Limited |
| 1997-03-19 | $10.00 fee for depositing security, RECEIPT #33771 | Thomson Newspapers Company Limited |
| 1997-03-17 | General proceeding, 1 copy of "REFORMING ELECTORAL DEMOCRACY" (to be kept on file) | Thomson Newspapers Company Limited |
| 1997-03-17 | Notice of miscellaneous motion, to expedite the hearing; 2 copies, Completed on: 1997-03-17 | Thomson Newspapers Company Limited |
| 1997-03-17 | Motion to state a constitutional question, 2 copies, Completed on: 1997-03-17 | Thomson Newspapers Company Limited |
| 1997-03-17 | Appellant's factum, 24 copies, with service, Completed on: 1997-03-17 | Thomson Newspapers Company Limited |
| 1997-03-17 | Case on appeal, 24 copies of vols. 1 and 2 | Thomson Newspapers Company Limited |
| 1997-03-17 | Book of authorities, 10 copies of vols. 1 and 2, Completed on: 1997-03-17 | Thomson Newspapers Company Limited |
| 1997-03-07 | Notice of deposit of judgment issued to all parties, McCarthy, Tétrault | |
| 1997-03-07 | Notice of deposit of judgment issued to all parties, Attorney General of Canada | |
| 1997-03-03 |
Judgment of the Court on the application for leave to appeal, CJ Co McL, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1997-02-07 | All materials on application for leave submitted to the Judges, CJ Co McL | |
| 1996-12-06 | Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1996-12-06 | Thomson Newspapers Company Limited |
| 1996-12-02 | Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1996-12-02 | Attorney General of Canada |
| 1996-11-07 | Correspondence received from, sent to McCarthy, Tétrault to acknowledge receipt of application for leave to appeal | |
| 1996-11-07 | Correspondence received from, sent to A.G. of Canada enclosing copy of letter dated Nov 7/96 sent to applicant | |
| 1996-10-30 | $50.00 filing fee, receipt #32895 | Thomson Newspapers Company Limited |
| 1996-10-30 | Application for leave to appeal, 5 copies (C.A. Order missing), with service, Completed on: 1997-02-07 | Thomson Newspapers Company Limited |
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
| Name | Role | Status |
|---|---|---|
| Thomson Newspapers Company Limited | Applicant | Active |
| Southam Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
Counsel
Party: Thomson Newspapers Company Limited
Counsel
W. Ian C. Binnie, Q.C.
McCarthy Tétrault
4700 TD BANK TOWER
PO BOX 48
TORONTO, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
4700 TD BANK TOWER
PO BOX 48
TORONTO, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
Colin Baxter
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386
Party: Southam Inc.
Counsel
W. Ian C. Binnie, Q.C.
McCarthy Tétrault
4700 TD BANK TOWER
PO BOX 48
TORONTO, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
4700 TD BANK TOWER
PO BOX 48
TORONTO, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
Colin Baxter
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386
Party: Attorney General of Canada
Counsel
Roslyn J. Levine, Q.C.
Attorney General of Canada
3400 - FIRST CANADIAN PLACE
PO BOX 36
TORONTO, Ontario
M5X 1A9
Telephone: (416) 973-0942
3400 - FIRST CANADIAN PLACE
PO BOX 36
TORONTO, Ontario
M5X 1A9
Telephone: (416) 973-0942
Agent
Graham R. Garton, Q.C.
Attorney General of Canada
Department of Justice
239 Wellington St
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Department of Justice
239 Wellington St
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Party: Attorney General of British Columbia
Counsel
Joseph J. Arvay, Q.C.
Arvay Finlay
400 - 888 Fort Street
Victoria, British Columbia
V8W 1H8
Telephone: (250) 388-6868
FAX: (250) 388-4456
Email: jarvay@arvayfinlay.com
400 - 888 Fort Street
Victoria, British Columbia
V8W 1H8
Telephone: (250) 388-6868
FAX: (250) 388-4456
Email: jarvay@arvayfinlay.com
Agent
V. Jennifer Mackinnon
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4195
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4195
Party: Canadian Civil Liberties Association
Counsel
Sydney L. Goldenberg
2500 - 250 Yonge St
Toronto, Ontario
M5B 2M6
Telephone: (416) 591-6610
FAX: (416) 697-9123
Toronto, Ontario
M5B 2M6
Telephone: (416) 591-6610
FAX: (416) 697-9123
Agent
John P. Nelligan, Q.C.
Nelligan Power
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
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
May 15, 1995
Ontario Court of Justice (General Division)
4500/94
Ontario Court of Justice (General Division)
4500/94
application dismissed
August 19, 1996
Court of Appeal for Ontario
C22001
Court of Appeal for Ontario
C22001
appeal dismissed with costs
Memorandums of argument on application for leave to appeal
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 filing 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
Related links
Factums on appeal
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
Related links
Date modified: 2025-02-27