Case information
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30887
Charles Perlman, 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.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2006-11-24 | Close file on Leave | |
| 2006-11-24 | Certificate of taxation issued to, M. F. Denis of Justice, Montréal | |
| 2006-11-17 | Decision on the bill of costs, taxed at the amount of $1,066.20, DeRg | |
| 2006-11-17 | Submission of the bill of costs, DeRg | |
| 2006-10-11 | Bill of costs, Completed on: 2006-10-11 | Her Majesty the Queen |
| 2005-10-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-10-07 | Judgment on leave sent to the parties | |
| 2005-10-06 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-10-003089-057, dated February 18, 2005, is dismissed with costs. Dismissed, with costs |
|
| 2005-08-15 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2005-05-24 | Applicant's reply to respondent's argument, Completed on: 2005-05-24 | Charles Perlman |
| 2005-05-13 | Respondent's response on the application for leave to appeal, Completed on: 2005-05-13 | Her Majesty the Queen |
| 2005-04-21 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-04-18 | Book of authorities | Charles Perlman |
| 2005-04-18 | Application for leave to appeal, Completed on: 2005-04-18 | Charles Perlman |
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 |
|---|---|---|
| Perlman, Charles | Applicant | Active |
| 3152391 Canada Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Perlman, Charles
Counsel
210 - 20 Adelaide St. E.
Toronto, Ontario
M5C 2T6
Telephone: (416) 368-1726
FAX: (416) 368-6811
Email: adg@inforamp.net
Agent
470 Somerset Street West
Ottawa, Ontario
K1R 5J8
Telephone: (613) 288-2890
FAX: (613) 288-2896
Email: email@lgreenspon.com
Party: 3152391 Canada Inc.
Counsel
210 - 20 Adelaide St. E.
Toronto, Ontario
M5C 2T6
Telephone: (416) 368-1726
FAX: (416) 368-6811
Email: adg@inforamp.net
Agent
470 Somerset Street West
Ottawa, Ontario
K1R 5J8
Telephone: (613) 288-2890
FAX: (613) 288-2896
Email: email@lgreenspon.com
Party: Her Majesty the Queen
Counsel
Tour est, 9e étage, Complexe Guy-Favreau
200 boul. René-Lévesque ouest
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-2126
FAX: (514) 496-7372
Email: michel.denis@justice.gc.ca
Agent
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Summary
Keywords
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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.
The applicants were found guilty of contravening ss. 9 and 10 of the Radiocommunication Act. At the time, the interpretation of those provisions was not consistent throughout Canada. After the Supreme Court of Canada rendered judgment in Bell ExpressVu, [2002] 2 S.C.R. 559, the applicants’ appeal of their conviction was dismissed. Before the appeal of the sentence was heard, the applicants sought to introduce new evidence showing, inter alia, that others, notably numerous private citizens, the Canadian Broadcasting Corporation and the Toronto police, were committing the same offences with impunity. The applicants’ motion was denied on the ground that the evidence was not relevant. After the hearing on appeal, a judge of the Court of Quebec found that ss. 9 and 10 of the Radiocommunication Act were unconstitutional and suspended his declaration of invalidity for one year. The applicants then sought to reopen the hearing of the sentence appeal. The Superior Court denied the motion and dismissed the appeal, on the ground that the sentence imposed by the trial judge had been appropriate in the circumstances. The Court of Appeal denied leave to appeal.
Lower court rulings
Provincial Court of Quebec
Applicants found guilt under ss.9 and 10 of the Radiocummunication Act; Applicants ordered to pay fines of $19 000 and $31 000
Superior Court of Quebec
505-36-000668-014, 505-73-000141-999
Applicants' motion to introduce fresh evidence dismissed
Superior Court of Quebec
505-36-000668-014
Applicants' appeal of the sentence dismissed
Court of Appeal of Quebec (Montréal)
500-10-003089-057
Applicants' motion for leave to appeal dismissed
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
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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
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