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Case information

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30780

Société Radio-Canada, et al. v. Her Majesty the Queen, et al.

(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)
2005-09-21 Close file on Leave
2005-09-20 Correspondence (sent by the Court) to, François Demers of Spiegel Sohmer Inc., Returning 4 copies (CD) parts 1 & 2 of exhibit P-5
2005-09-16 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2005-09-16 Judgment on leave sent to the parties
2005-09-15 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Superior Court of Quebec, Number 450-01-030651-033, dated December 15, 2004, is dismissed.
Dismissed
2005-07-15 Correspondence received from, François Demers dated July 14/05 with 4 CD-Rom Société Radio-Canada
2005-07-04 All materials on application for leave submitted to the Judges, CJ Bi Cha
2005-06-20 Correspondence received from, Re: confirmation that exhibit P-5 is not in leave application Société Radio-Canada
2005-03-24 Applicant's reply to respondent's argument, Completed on: 2005-03-24 Société Radio-Canada
2005-03-14 Respondent's response on the application for leave to appeal, Completed on: 2005-03-14 Her Majesty the Queen
2005-02-23 Correspondence received from, F. Demers Re: autorising to strike a name that is not a party Société Radio-Canada
2005-02-22 Letter acknowledging receipt of a complete application for leave to appeal
2005-02-14 Application for leave to appeal, Completed on: 2005-02-14 Société Radio-Canada

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
Société Radio-Canada Applicant Active
Journal La Tribune Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active
Pierre Bégin, Denis Turgeon, Hugues Re and Guy Hovington Respondent Active

Counsel

Party: Société Radio-Canada

Counsel
Names
Barry Landy
François Demers
Contact information
Spiegel Sohmer
1203 - 5 Place Ville-Marie
Montréal, Quebec
H3B 2G2
Telephone: (514) 875-7880
FAX: (514) 875-8237
Email: blandy@spiegelsohmer.com

Party: Journal La Tribune

Counsel
Names
Barry Landy
François Demers
Contact information
Spiegel Sohmer
1203 - 5 Place Ville-Marie
Montréal, Quebec
H3B 2G2
Telephone: (514) 875-7880
FAX: (514) 875-8237
Email: blandy@spiegelsohmer.com

Party: Her Majesty the Queen

Counsel
Names
Dominique A. Jobin
Josée Grandchamp
Contact information
Procureur général du Québec
1200, route de l'Église, 2e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477 Ext: 20788
FAX: (418) 644-7030
Email: djobin@justice.gouv.qc.ca
Agent
Name
Sylvie Roussel
Contact information
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: Pierre Bégin, Denis Turgeon, Hugues Re and Guy Hovington

Counsel
Names
Ronald Picard
Pierre Dupras
Contact information
Trudel Nadeau, Avocats
300, rue Léo-Pariseau
Bureau 2500
Montréal, Quebec
H2X 4B7
Telephone: (514) 849-5754
FAX: (514) 499-0312

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.

At the trial of the four Respondent police officers, exhibits P-1 to P-26 were filed by the Crown in its evidence. A journalist orally applied to the trial judge for permission to reproduce and broadcast exhibits P-13, P-14 and P-15, which was granted. The same day, another journalist made a new oral request for permission to reproduce and broadcast exhibit P-5, a VHS cassette containing more than sixty hours of recordings and items derived from it, namely 4 DVDs and some photo albums that were put together on the basis of the original exhibit P-5. The trial judge then changed his mind and decided to suspend any other authorizations to reproduce or use filed exhibits while inviting the media to make representations through counsel, hence the oral motion made after the Crown had closed its case. Once the media had made their representations, the Crown and the two defence counsel were asked what they thought. The trial judge then dismissed the oral motion to reproduce and use the filed exhibits for broadcast purposes during the trial, with the exception of those exhibits whose use had already been authorized, namely exhibits P-3 and P-15. However, he authorized the reproduction and broadcasting of exhibit P-5 and the items derived from it, except for the portions showing the individual Martin Brodeur, while the jury was sequestered.

Lower court rulings

December 15, 2004
Superior Court of Quebec

450-01-030651-033

Requête des demandeurs pour permission de reproduire certaines pièces déposée en cours de procès à des fins de diffusion rejetée à l'exception des pièces P-5 et P-13

February 9, 2005
Superior Court of Quebec

500-01-007823-001

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

Not available

Webcasts

Not available.

Date modified: 2025-02-27