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28190

The Vancouver Sun v. Her Majesty the Queen, et al.

(British Columbia) (Criminal) (By Leave)

(Publication ban in case) (Publication ban on party)

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)
2002-01-17 Record returned to the Registrar of the Court of Appeal
2001-11-28 Appeal closed
2001-11-28 Formal judgment sent to the registrar of the court of appeal and all parties
2001-11-21 Copy of formal judgment being prepared
2001-11-16 Notice of deposit of judgment sent to all parties
2001-11-15 Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal is allowed. Paragraph (c) of the order of Edwards J. is struck out, the letter "s" and the words "and (c)" are deleted from paragraph (b) of that order, and the remaining ban on publication is declared effective for one year following the release of this judgment. This order shall be subject to the supervision of the Supreme Court of British Columbia.
Allowed
2001-07-03 Transcript received, and distributed to the justices (62 pages)
2001-06-18 Judgment reserved OR rendered with reasons to follow
2001-06-18 Hearing of the appeal, 2001-06-18, (V065), CJ L'HD G Ia Ma Ba Bi Arb LeB
Judgment reserved
2001-06-18 Appellant's condensed book The Vancouver Sun
2001-06-18 Respondent's condensed book The Attorney General of Canada
2001-06-18 Acknowledgement and consent for video taping of proceedings, (with objections)
2001-06-15 Correspondence (sent by the Court) to, all parties (by fax) re: Mr. Justice Bastarache will hear the appeal by viewing the videotape of the proceedings at a later date
2001-06-15 Intervener's factum, (sent to the Court June 15/01), Completed on: 2001-06-15 Attorney General for Ontario
2001-06-15 Respondent's book of authorities, vol. and 2, Completed on: 2001-06-15 The Attorney General of Canada
2001-06-15 Notice of appearance Attorney General for Ontario
2001-06-14 Book of authorities, Completed on: 2001-06-14 Canadian Newspaper Association (CNA)
2001-06-14 Book of authorities, Completed on: 2001-06-14 British Columbia Civil Liberties Association
2001-06-13 Order on motion for leave to intervene, (15 MINUTES GRANTED TO B.C.C.L. and 10 MINUTES EACH GRANTED TO A.G. - ONT. & CANADIAN NEWSPAPER BY L'HEUREUX-DUBÉ)
2001-06-12 Respondent's book of authorities, Completed on: 2001-06-12 Her Majesty the Queen
2001-06-12 Intervener's factum, Completed on: 2001-06-12 British Columbia Civil Liberties Association
2001-06-11 Respondent's factum, Completed on: 2001-06-11 O.N.E.
2001-06-11 Notice of appearance The Attorney General of Canada
2001-06-11 Trial court record, joint with exhibits (1 envelope)
2001-06-08 Respondent's factum, Completed on: 2001-06-08 Her Majesty the Queen
2001-06-07 Correspondence received from, Malcolm Palmer (by fax) dated June 7/01 re: proceedings should not be televised on CPAC The Attorney General of Canada
2001-06-07 Intervener's factum, (joint with 27738), Completed on: 2001-06-07 Canadian Newspaper Association (CNA)
2001-06-07 Respondent's factum, Completed on: 2001-06-07 The Attorney General of Canada
2001-05-17 Appellant's book of authorities, Vol. I & II, Completed on: 2001-05-18 The Vancouver Sun
2001-05-17 Correspondence received from, (by fax) R.G. Zoppi; re: not received appellant's factum yet. (Mr. Zoppi was advised on May 17 that appellant's factum was filed on May 16) - original received on May 22, 2001 Canadian Newspaper Association (CNA)
2001-05-16 Appellant's factum, Completed on: 2001-05-16 The Vancouver Sun
2001-05-14 Appellant's record, Vol. I to IV, Completed on: 2001-05-14 The Vancouver Sun
2001-04-24 Respondent's record, Completed on: 2001-04-24 The Attorney General of Canada
2001-04-17 Order on motion for leave to intervene, (BY THE COURT)
2001-04-17 Decision on the motion for leave to intervene, L'HD, by the CANADIAN NEWSPAPER ASSOCIATION. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (10 MINUTES ORAL ARGUMENT GRANTED JUNE 13, 2001). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the intervention.
Granted, no order as to costs
2001-04-17 Submission of motion for leave to intervene, L'HD
2001-04-17 Order on motion for leave to intervene, (by the Court)
2001-04-17 Decision on the motion for leave to intervene, L'HD, by the BRITISH COLUMBIA CIVIL LIBERTIES ASSOCIATION. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES ORAL ARGUMENT GRANTED JUNE 13, 2001). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the intervention.
Granted, no order as to costs
2001-04-17 Submission of motion for leave to intervene, L'HD
2001-04-10 Response to the motion for leave to intervene, (to A.G. for Ontario), Completed on: 2001-04-10 The Attorney General of Canada
2001-04-06 Response to the motion for leave to intervene, (back of motion), Completed on: 2001-04-06 The Vancouver Sun
2001-04-05 Response to the motion for leave to intervene, (back of motion book), Completed on: 2001-04-05 The Vancouver Sun
2001-04-03 Motion for leave to intervene, joint with 27738 (proof of delivery requested) (book form), Completed on: 2001-04-04 Canadian Newspaper Association (CNA)
2001-04-02 Order on motion for leave to intervene, (BY THE COURT)
2001-04-02 Decision on the motion for leave to intervene, Arb, UPON APPLICATION by the ATTORNEY GENERAL OF ONTARIO for leave to intervene in the above appeal;

AND HAVING READ the material filed ;

IT IS HEREBY ORDERED THAT:

The motion for leave to intervene of the applicant Attorney General of Ontario is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length.

The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (10 MINUTES ORAL ARGUMENT GRANTED JUNE 13, 2001).

The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties.

Pursuant to Rule 18(6) the intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the intervention.

Granted, no order as to costs
2001-04-02 Submission of motion for leave to intervene, Arb
2001-04-02 Motion for leave to intervene, to file a factum and present oral argument (1 copy), Completed on: 2001-04-02 British Columbia Civil Liberties Association
2001-03-29 Notice of appearance, of John M. Gordon at the hearing of the appeal Her Majesty the Queen
2001-03-26 Response to the motion for leave to intervene, (Letter Form), consent to intervention, Completed on: 2001-03-26 The Attorney General of Canada
2001-03-23 Notice of hearing, Session beginning on 2001-04-17 The Vancouver Sun
2001-03-22 Response to the motion for leave to intervene, (Letter Form), from R.S. Anderson dated March 22/01(by fax), Completed on: 2001-03-22 The Vancouver Sun
2001-03-19 Response to the motion for leave to intervene, (Letter Form), from J.M. Gordon dated March 19/01 (by fax), Completed on: 2001-03-19 Her Majesty the Queen
2001-03-16 Motion for leave to intervene, to file a factum and present oral argument (1 copy), Completed on: 2001-03-23 Attorney General for Ontario
2001-03-16 Appeal hearing scheduled, 2001-06-18
Judgment reserved
2001-03-12 Correspondence received from, P. Rankin; re: ottawa agent O.N.E.
2001-02-06 Order granting leave to appeal
2001-02-06 Letter acknowledging receipt of notice of appeal
2001-02-02 Notice of appeal, Completed on: 2001-02-02 The Vancouver Sun
2001-02-02 Notice of deposit of judgment issued to all parties
2001-02-01 Appeal perfected for hearing, Session beginning on 2001-04-17
2001-02-01 Judgment of the Court on the application for leave to appeal, The aplication for leave to appeal is granted. It is ordered that the appeal be heard during the Spring session 2001.
Granted, no order as to costs
2001-01-08 All materials on application for leave submitted to the Judges, G Ma Bi
2000-11-27 Correspondence received from, R. Anderson dated Nov. 27, 2000 (fax copy) re: the application relates to a ban of publication and accordingly, it is being made directly to the Court on the basis of the decision in R. v. Dagenais The Vancouver Sun
2000-11-27 Order on motion to extend time, (by the Court)
2000-11-27 Decision on motion to extend time, DeRg, to serve & file the respondent's response to Nov. 16, 2000.
Granted, no order as to costs
2000-11-27 Submission of motion to extend time, DeRg
2000-11-22 Response to motion to extend time, (Letter Form), Completed on: 2000-11-22 The Vancouver Sun
2000-11-18 Letter acknowledging receipt of an incomplete application for leave to appeal
2000-11-17 Response to motion to extend time, (Letter Form), Completed on: 2000-11-17 O.N.E.
2000-11-17 Response to motion to extend time, (Letter Form), Completed on: 2000-11-17 Her Majesty the Queen
2000-11-15 Motion to extend time, to serve and file the response to Nov. 16/00, Completed on: 2000-11-15 The Attorney General of Canada
2000-11-15 Respondent's response on the application for leave to appeal, Completed on: 2000-11-15 The Attorney General of Canada
2000-11-09 Respondent's response on the application for leave to appeal, Completed on: 2000-11-29 Her Majesty the Queen
2000-10-13 Book of authorities, Completed on: 2000-10-13 The Vancouver Sun
2000-10-10 Application for leave to appeal, (C/A Order filed separately Oct. 30/00), Completed on: 2000-10-30 The Vancouver Sun

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
The Vancouver Sun Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active
O.N.E. Respondent Active
The Attorney General of Canada Respondent Active

Other parties

Other parties
Name Role Status
Attorney General for Ontario Intervener Active
British Columbia Civil Liberties Association Intervener Active
Canadian Newspaper Association (CNA) Intervener Active

Counsel

Party: The Vancouver Sun

Counsel
Names
Robert S. Anderson, Q.C.
Ludmila B. Herbst
Contact information
Farris, Vaughan, Wills & Murphy LLP
2500 - 700 West Georgia Street
Box 10026
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 684-9151
FAX: (604) 661-9349
Email: randerson@farris.com
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Her Majesty the Queen

Counsel
Name
John M. Gordon, Q.C.
Contact information
Attorney General of British Columbia
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Email: john.gordon@gov.bc.ca
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: O.N.E.

Counsel
Name
Phillip C. Rankin
Contact information
Rankin & Bond
200 - 157 Alexander Street
Vancouver, British Columbia
V6A 1B8
Telephone: (604) 682-3621
FAX: (604) 682-3919
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: The Attorney General of Canada

Counsel
Names
Malcolm Palmer
Cheryl J. Tobias
Contact information
Attorney General of Canada
Department of Justice
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-8224
FAX: (604) 775-7557
Agent
Name
Robert J. Frater Q.C.
Contact information
Attorney General of Canada
50 O'Connor Street, Suite 500, Room 556
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6289
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca

Party: Attorney General for Ontario

Counsel
Name
Christopher Webb
Contact information
Attorney General of Ontario
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4614
FAX: (416) 326-4656
Email: christopher.webb@ontario.ca
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: British Columbia Civil Liberties Association

Counsel
Names
Paul S. McMurray
Jason B. Gratl
Contact information
530 - 5021 Kingsway
Burnaby, British Columbia
V5H 4A5
Telephone: (604) 435-6222
FAX: (604) 435-1245
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Canadian Newspaper Association (CNA)

Counsel
Names
Paul B. Schabas
Tony S.K. Wong
Contact information
Blake, Cassels & Graydon LLP
4000 - 199 Bay Street
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-4274
FAX: (416) 863-2653
Email: paul.schabas@blakes.com
Agent
Name
Matthew J. Halpin
Contact information
Blake, Cassels & Graydon LLP
45 O'Connor St.
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2233
FAX: (613) 788-2247
Email: matt.halpin@blakes.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

July 18, 2000
Supreme Court of British Columbia

CC000026

See file

August 11, 2000
Supreme Court of British Columbia

CC000026

See file

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

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Webcasts

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Date modified: 2025-05-13