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30963

In the Matter of a Named Person, et al. v. Vancouver Sun, et al.

(British Columbia) (Civil)

(Publication ban in case) (Sealing order)

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)
2007-10-29 Appeal closed
2007-10-12 Judgment on appeal and notice of deposit of judgment sent to all parties, and sent to Registrar
2007-10-11 Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the British Columbia Supreme Court, 2006 BCSC 1805, heard on April 24, 2007, is allowed and the Extradition Judge’s order granting disclosure to selected media representatives and their counsel is set aside. LeBel J. is dissenting in part.
Allowed
2007-05-23 Transcript received, (112 pages)
2007-04-24 Judgment reserved OR rendered with reasons to follow
2007-04-24 Hearing of the appeal, 2007-04-24, CJ Ba Bi LeB De F Abe Cha Ro
Judgment reserved
2007-04-24 Acknowledgement and consent for video taping of proceedings, (rec'd from all parties)
2007-04-24 Respondent's condensed book, (14 copies filed in Court) CBC
2007-04-24 Appellant's condensed book, (14 copies filed in Court) Attorney General of Canada on behalf of the Requesting State
2007-04-24 Respondent's condensed book, (14 copies filed in Court) CTV, a Division of Bell Globemedia Inc.
2007-04-24 Supplemental document, Intervener's condensed book (14 copies filed in Court), Completed on: 2007-04-24 Law Society of British Columbia
2007-04-20 Correspondence received from, Gowlings rec'd by email re: Mr. Donaldson will not be replying to Mr. Burnett's letter of Apr. 19/07. In the Matter of a Named Person
2007-04-20 Correspondence received from, (Letter Form), Mr. Laprade dated Apr. 20/07 re: consent to correction in CBC's factum - cc. to all parties (sent to the Court April 23/07) Attorney General of Canada on behalf of the Requesting State
2007-04-20 Correspondence received from, (Letter Form), Mr. Burnett dated Apr. 19/07 re: correction to par. 8 of their factum - cc. to all parties - new CD rec'd May 7/07 (sent to Court April 23/07) CBC
2007-04-19 Correspondence received from, (Letter Form), Bernard Laprade dated Apr. 19/07 re: correction to their factum with cc. to all parties - new CD requested (sent to the Court April 19/07) Attorney General of Canada on behalf of the Requesting State
2007-04-17 Correspondence received from, (Letter Form), Mr. Feder dated Apr. 17/07 re: changes to par. 23 of their factum - new CD rec'd May 7/07 - cc. to all parties (sent to the Court April 19/07) Law Society of British Columbia
2007-04-17 Notice of appearance, Daniel W. Burnett and Heather E. Maconachie will be appearing. CBC
2007-04-17 Notice of appearance, Robert S. Anderson and Ludmila B. Herbst will be appearing. Vancouver Sun
2007-04-16 Notice of appearance, Ian Donaldson will be appearing. In the Matter of a Named Person
2007-04-13 Order on motion to extend time
2007-04-13 Decision on motion to extend time, Reg, to serve and file its book of authorities to March 15, 2007
Granted
2007-04-13 Submission of motion to extend time, Reg
2007-04-12 Notice of appearance, Christopher Webb will be present at the hearing. Attorney General of Ontario
2007-04-10 Notice of appearance, Leonard Doust and Michael Feder will be present at the hearing. Law Society of British Columbia
2007-04-04 Notice of appearance, Bernard Laprade and Cheryl D. Mitchell will be present at the hearing. Attorney General of Canada on behalf of the Requesting State
2007-04-04 Order on motion for additional time to present oral argument, (BY LEBEL J.)
2007-04-04 Decision on motion for additional time to present oral argument, LeB, UPON APPLICATION by counsel on behalf of the respondents Vancouver Sun, The Province and BCTV (collectively the CanWest Respondents) for an order for extra time for the hearing of this appeal to allow each side 2 hours for oral argument;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
1)The motion is granted.
2)The appellants, Named Person and Attorney General of Canada, shall have in total 120 minutes for oral argument and five (5) minutes each in reply;
3)The respondents, Vancouver Sun, The Province and BCTV (collectively the CanWest Respondents), CBC and CTV shall have in total 120 minutes for oral argument.
Granted
2007-04-04 Submission of motion for additional time to present oral argument, LeB
2007-04-03 Response to the motion for additional time to present oral argument, (Letter Form), from Borden Ladner Gervais (C. Christie) dated April 3/07, Completed on: 2007-04-03 CTV, a Division of Bell Globemedia Inc.
2007-04-02 Notice of appearance, Michael Skene and Angus Gunn, Jr. will be present at the hearing. CTV, a Division of Bell Globemedia Inc.
2007-03-30 Response to motion to extend time, (Letter Form), from Bernard Laprade dated March 30/07, Completed on: 2007-03-30 Attorney General of Canada on behalf of the Requesting State
2007-03-30 Response to the motion for additional time to present oral argument, (Letter Form), from Bernard Laprade dated March 30/07, Completed on: 2007-03-30 Attorney General of Canada on behalf of the Requesting State
2007-03-29 Response to the motion for additional time to present oral argument, e-mail from Gowlings dated March 28/07, Completed on: 2007-03-29 CBC
2007-03-29 Response to the motion for additional time to present oral argument, e-mail from Gowlings dated March 29/07, Completed on: 2007-03-29 In the Matter of a Named Person
2007-03-28 Motion for additional time to present oral argument, to allow 2 hours each side, Completed on: 2007-03-28 Vancouver Sun
2007-03-27 Response to motion to extend time, (from Gowlings) - e-mail, Completed on: 2007-03-27 Vancouver Sun
2007-03-26 Motion to extend time, to file the book of authorities to March 15, 2007, Completed on: 2007-03-26 Attorney General of Ontario
2007-03-26 Correspondence (sent by the Court) to, Mr. Feder re: permission granted to appear as co-counsel for Law Society of B.C.
2007-03-22 Correspondence received from, McCarthy Tétrault re: Mr. Feder request permission to appeal before the Court as co-counsel but will not be addressing the Court (by email) Law Society of British Columbia
2007-03-22 Correspondence received from, Borden Ladner Gervais re: no objections to the participation of Mr. Feder (by email) CTV, a Division of Bell Globemedia Inc.
2007-03-22 Correspondence received from, Gowlings re: no objections to Mr. Feder appearing at the hearing (by email) In the Matter of a Named Person
2007-03-22 Correspondence received from, Mr. Anderson dated Mar. 22/07 re: respondents will be refering in their oral argument to the reasons for judgment in Charkaoui file no. 30762 (sent to the Court Mar. 29/07) Vancouver Sun
2007-03-20 Correspondence received from, Cheryl D. Mitchell dated March 20/07 re: no objection to Mr. Feder Attorney General of Canada on behalf of the Requesting State
2007-03-15 Intervener's book of authorities, Completed on: 2007-03-15 Attorney General of Ontario
2007-03-15 Order by, LeB, FURTHER TO THE ORDER dated February 12, 2007, in which LeBel J. granted leave to intervene to the Attorney General of Ontario and the Law Society of British Columbia;
IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.
Granted
2007-03-14 Intervener's factum, PUBLIC VERSION, Completed on: 2007-03-14 Attorney General of Ontario
2007-03-14 Intervener's book of authorities, PUBLIC VERSION, Completed on: 2007-03-16 Law Society of British Columbia
2007-03-14 Intervener's factum, PUBLIC VERSION - new CD rec'd May 7/07, Completed on: 2007-05-07 Law Society of British Columbia
2007-03-14 Notice of hearing sent to parties
2007-03-06 Correspondence (sent by the Court) to, all parties, by fax, re: Justice Rothstein
2007-02-13 Respondent's factum, PUBLIC VERSION, Completed on: 2007-02-13 CBC
2007-02-13 Respondent's book of authorities, (Vol. 4 filed by Canwest) - PUBLIC VERSION, Completed on: 2007-02-15 Vancouver Sun
2007-02-13 Respondent's book of authorities, Joint (Vol. I to III) - PUBLIC VERSION, Completed on: 2007-02-13 Vancouver Sun
2007-02-13 Respondent's factum, PUBLIC VERSION, Completed on: 2007-02-22 CTV, a Division of Bell Globemedia Inc.
2007-02-13 Respondent's factum, PUBLIC VERSION, Completed on: 2007-02-15 Vancouver Sun
2007-02-13 Respondent's factum, JOINT SEALED FACTUM OF ALL RESPONDENTS (CD-Rom rec'd Feb. 14/07), Completed on: 2007-02-14 Vancouver Sun
2007-02-12 Letter sent to Intervener(s)
2007-02-12 Order on motion for leave to intervene, (BY LEBEL J.)
2007-02-12 Decision on the motion for leave to intervene, LeB, The motion for leave to intervene of the applicant, the 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 on or before March 14, 2007.
The motion for leave to intervene of the applicant, the Law Society of British Columbia, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before March 14, 2007.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention.
Granted
2007-02-05 Submission of motion for leave to intervene, LeB
2007-01-19 Response to the motion for leave to intervene, (Letter Form), from Cheryl D. Mitchell dated Jan. 19/07 (by A.G. ON and Law Soc. of BC), Completed on: 2007-01-19 Attorney General of Canada on behalf of the Requesting State
2007-01-11 Motion for leave to intervene, Completed on: 2007-01-11 Attorney General of Ontario
2007-01-11 Motion for leave to intervene, Completed on: 2007-01-11 Law Society of British Columbia
2007-01-09 Appeal perfected for hearing
2006-12-14 Appellant's book of authorities, (PUBLIC VERSION), Completed on: 2006-12-14 Attorney General of Canada on behalf of the Requesting State
2006-12-14 Appellant's factum, (PUBLIC VERSION), Incomplete Attorney General of Canada on behalf of the Requesting State
2006-11-14 Appellant's book of authorities, Vol. I & II - PUBLIC VERSION, Completed on: 2006-11-17 In the Matter of a Named Person
2006-11-14 Appellant's factum, PUBLIC VERSION, Completed on: 2006-11-17 In the Matter of a Named Person
2006-11-14 Appellant's record, (12 copies) SEALED, Completed on: 2006-11-14 In the Matter of a Named Person
2006-11-09 Order on motion to vary pronouncement / order
2006-11-09 Decision on motion to vary pronouncement / order, of LeBel, J. dated Oct. 3/06,, LeB, The factum, unredacted record and book of authorities, of the appellant, the Named Person, shall be served and filed on or before November 15, 2006.
The factum, record and book of authorities of the appellant, the Attorney General of Canada on behalf of the Requesting State, shall be served and filed on or before December 15, 2006.
The factum, record and book of authorities of the respondents shall be served and filed on or before February 13, 2007.
The interveners who shall be granted leave to intervene shall file their factum and book of authorities on or before March 14, 2007.
Granted
2006-11-09 Submission of motion to vary pronouncement / order, LeB
2006-11-08 Response to motion to vary pronouncement / order, Completed on: 2006-11-08 Vancouver Sun
2006-11-06 Response to motion to vary pronouncement / order, Completed on: 2006-11-06 Attorney General of Canada on behalf of the Requesting State
2006-11-06 Motion to vary pronouncement / order, of LeBel, J. dated Oct. 3/06, Completed on: 2006-11-06 In the Matter of a Named Person
2006-10-31 Appellant's record, (PUBLIC FILE - Joint appellants' record - Vol. I to III), Completed on: 2006-10-31 In the Matter of a Named Person
2006-10-19 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2006-10-19 Appeal hearing scheduled, 2007-04-24, (previously Dec. 11/06)
Judgment reserved
2006-10-03 Decision on miscellaneous motion, (see decision on motion to seal dated Oct. 3/06), LeB
Granted
2006-10-03 Decision on motion to seal, LeB, UPON APPLICATION by counsel on behalf of the Respondents, The Vancouver Sun, the Province and BCTV (the "CanWest Respondents") for orders relating to the partial unsealing of the file and the hearing of the within appeal, coming on for hearing on August 2, 2006;
AND FURTHER to the Order of this Court issued on June 22, 2006;
AND HAVING READ the material filed for the hearing of August 2, 2006;
AND HAVING ADJOURNED that hearing in part to await the receipt of further materials, which have now been filed and read;
IT IS HEREBY ORDERED THAT:
1. The file shall remain sealed until the disposition of the appeal and will only be made available to counsel for the appellants, the Named Person and Attorney General of Canada on behalf of the Requesting State; counsel for the respondents; their respective Ottawa agents; Patricia Graham, Ian Haysom, Wayne Moriarty and Steve Pasternak, for review in the presence of counsel for the CanWest Respondents; the individual representatives of the other Respondents to whom the Extradition Judge provided, or may provide, access to the Reasons for Judgment that were the basis for the Redacted Reasons for Judgment, and who have filed, or may file, an Undertaking of Confidentiality with the court below, for review in the presence of their respective counsel; members of this Court; Court staff; and other persons as the parties may, in writing, agree or this Court may further order.
2. Counsel for the media are permitted to submit the information and documents in their hands to the designated representatives of their clients, who must sign undertakings of confidentiality, in the same form as in the trial court.
3. This file continues to be recorded only as "In the Supreme Court of Canada, in the Matter of a Named Person", but shall identify as part of the style of cause that this matter originates from the Supreme Court of British Columbia.
4. This Court's Orders of May 30, 2005, December 13, 2005, and June 22, 2006, shall be unsealed and, along with the within Order, placed in the "Public File".
5. Any person or entity may publish or broadcast, in addition to being permitted to (re)publish, or (re)broadcast any of the matters that the Supreme Court of British Columbia has previously allowed to be published or broadcast:
a) that this Court has granted leave to appeal from the Order that resulted from the Redacted Reasons for Judgment; and
b) any other document, or fact, contained within the "Public File".
6. The hearing of this appeal shall be conducted in open court subject to the following directions:
a) there shall be a ban on the publication of anything said during the course of the appeal. At the conclusion of the hearing any of the parties can request that the ban be vacated or varied;
b) at the hearing of this appeal no reference shall be made to any information not contained in the "Public File" without first obtaining leave of the Court.
7. The redacted copy of the reasons for judgment of the trial judge and statement of the generic facts will be put on the public Court file. The statement of the generic facts will be attached to the formal order for publication in this Court's Bulletin of Proceedings.
8. Copies of the redacted copy of the reasons for judgment of the trial judge and statement of the generic facts may be communicated to third parties.
9. Only the redacted copy of the reasons for judgment of the trial judge and statement of the generic facts may be used for the drafting of the public factum for the public Court file.
10. The appellants shall file one copy of their record in the "Public File" which will include the Redacted Reasons for Judgment, and such other material as required by this Court's Rules. This record may contain other redacted documents as agreed to by the parties. If they are unable to agree, then an application to settle the contents of the record shall be made to the Court.
11. In the event that the respondents elect to file a record, one copy shall be filed in the "Public File", and may contain redacted documents as agreed to by the parties. If they are unable to agree, then an application to settle the contents of the record shall be made to the Court.
12. The appellants shall file in the "Sealed File" twelve copies of their record in unredacted form, save and except that it will not be necessary to include copies of documents which have been redacted only by the removal of the references to the dates on which they were created and / or filed, or the Supreme Court of British Columbia file number and registry.
13. In the event that the respondents file a record containing redacted material, then they shall file in the "Sealed File" twelve copies of their record in unredacted form, save and except that it will not be necessary to include copies of documents which have been redacted only by the removal of the references to the dates on which they were created and / or filed, or the Supreme Court of British Columbia file number and registry.
14. Any party is at liberty to apply to vary or set aside this Order on 10 days notice.
IT IS HEREBY FURTHER ORDERED THAT:
1. The appeal is scheduled to be heard on April 24, 2007.
2. The factum, record and book of authorities, of the appellant, the Named Person, shall be served and filed on or before November 1, 2006.
3. The factum, record and book of authorities of the appellant, the Attorney General of Canada on behalf of the Requesting State, shall be served and filed on or before December 1, 2006.
4. The factum, record and book of authorities of the respondents shall be served and filed on or before January 30, 2007.
5. The interveners who shall be granted leave to intervene shall file their factum and book of authorities on or before February 28, 2007.
6. The parties are required to file a motion if they wish to file a reply factum to the interventions.
Granted
2006-10-03 Hearing of miscellaneous motion, 2006-08-02, LeB
Decision reserved
2006-09-29 Correspondence received from, dated Sept. 29/06 (SEALED) Vancouver Sun
2006-09-29 Correspondence received from, dated Sept. 29/06 (SEALED) Attorney General of Canada on behalf of the Requesting State
2006-09-28 Correspondence received from, dated Sept. 28/06 (SEALED) Attorney General of Canada on behalf of the Requesting State
2006-09-28 Correspondence received from, dated Sept. 28/06 (SEALED) Vancouver Sun
2006-09-26 Correspondence received from, (dated Sept. 25/06) (SEALED) Vancouver Sun
2006-08-17 Correspondence (sent by the Court) to, Ottawa agents (SEALED)
2006-08-02 Submission of miscellaneous motion, 2006-08-02, LeB
Decision reserved
2006-08-01 Response to miscellaneous motion, (SEALED), Completed on: 2006-08-01 In the Matter of a Named Person
2006-07-28 Correspondence received from, dated July 27/06, with attachments (SEALED) Attorney General of Canada on behalf of the Requesting State
2006-07-20 Response to miscellaneous motion, (Bookform) (SEALED), Completed on: 2006-07-20 CTV, a Division of Bell Globemedia Inc.
2006-07-13 Response to motion to seal, (book form) (SEALED), Completed on: 2006-07-13 Vancouver Sun
2006-07-12 Response to motion to seal, (SEALED), Completed on: 2006-07-12 CBC
2006-07-12 Notice of miscellaneous motion, (SEALED), Completed on: 2006-07-12 Vancouver Sun
2006-07-12 Correspondence received from, (dated July 12/06) notice of appearance on motion (SEALED) CTV, a Division of Bell Globemedia Inc.
2006-07-12 Hearing of motion to seal, 2006-08-02, LeB
Decision reserved
2006-06-26 Correspondence received from, to adjourn the 26 July hearing date - ADJOURN to Aug. 2/06 (SEALED) In the Matter of a Named Person
2006-06-22 Order on motion to seal, (BY LEBEL J.)
2006-06-22 Decision on motion to seal, LeB, UPON APPLICATION by counsel on behalf of the appellant, a Named Person, for an order for the continuation of the sealing order issued on May 30, 2005 until the disposition of the appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
1) The motion is granted and the file will remain under seal until further order of this Court.
2) This file shall retain its file number and remain recorded only as "In the Supreme Court of Canada, in the Matter of a Named Person", without reference to the court appealed from or province of origin. All proceedings may be recorded.
3) All documents shall be filed in sealed envelopes and will only be made available to counsel for the appellants, counsel for the respondents, their respective Ottawa agents, members of this Court, Court staff and other persons as the parties may, in writing, agree or as this Court may further order.
4) A hearing will be held on July 26, 2006 at 10:00 a.m. before the undersigned to consider the applications of a number of respondents for a variation of the sealing order and any representations or applications for directions of the parties in respect of the conduct of the appeal and of the hearing in open Court. Any documents to be relied on at the hearing shall be filed no later than July 12, 2006.
Granted
2006-06-06 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2006-06-05 Submission of motion to seal, 2006-08-02, LeB
Decision reserved
2006-06-05 Correspondence received from, (dated June 2/06) (SEALED) Vancouver Sun
2006-06-02 Reply to motion to seal, (SEALED), Completed on: 2006-06-02 Attorney General of Canada on behalf of the Requesting State
2006-05-26 Reply to motion to seal, (SEALED), Completed on: 2006-05-26 In the Matter of a Named Person
2006-05-26 Notice of appeal, (SEALED), Completed on: 2006-05-26 In the Matter of a Named Person
2006-05-25 Notice of appeal, (SEALED), Completed on: 2006-05-25 Attorney General of Canada on behalf of the Requesting State
2006-05-18 Response to motion to seal, (SEALED), Completed on: 2006-05-19 Vancouver Sun
2006-05-18 Response to motion to seal, (SEALED), Completed on: 2006-05-18 CBC
2006-05-16 Response to motion to seal, (SEALED), Completed on: 2006-05-16 CTV, a Division of Bell Globemedia Inc.
2006-05-11 Response to motion to seal, (SEALED), Completed on: 2006-05-12 Attorney General of Canada on behalf of the Requesting State
2006-05-09 Motion to seal, (SEALED), Completed on: 2006-05-09 In the Matter of a Named Person
2006-04-27 Judgment of the Court on the application for leave to appeal, The applications for leave to appeal are granted without costs.
Granted, without costs
2006-04-27 Decision on motion to extend time to file and /or serve the leave application, CJ Bi Cha, The application for an extension of time is granted.
Granted
2006-02-27 All materials on application for leave submitted to the Judges, CJ Bi Cha
2006-02-27 Submission of motion to extend time to file and/ or serve the leave application, (re: First Application), CJ Bi Cha
2006-02-16 Applicant's reply to respondent's argument, (Letter Form), (SEALED), Completed on: 2006-02-16 In the Matter of a Named Person
2006-02-06 Respondent's response on the application for leave to appeal, (SEALED), Completed on: 2006-02-06 Vancouver Sun
2006-02-06 Respondent's response on the application for leave to appeal, (SEALED), Completed on: 2006-02-06 CBC
2006-02-06 Respondent's response on the application for leave to appeal, (SEALED), Completed on: 2006-02-06 CTV, a Division of Bell Globemedia Inc.
2006-02-03 Affidavit, (SEALED) Vancouver Sun
2005-12-19 Application for leave to appeal, SECOND APPLICATION (SEALED), Completed on: 2005-12-19 Attorney General of Canada on behalf of the Requesting State
2005-12-13 Order on motion to add or substitute parties
2005-12-13 Decision on motion to add or substitute parties, LeB, 1) Permitting A to participate in the within leave application as an applicant;
2) Permitting A an extension of time to serve and file the leave memorandum to Friday, December 23rd, 2005; and
3) Permitting the respondents B, C, D, E, F, G and H an extension of time to file their memoranda to February 6, 2006.
Granted
2005-12-12 Supplemental document, (SEALED) In the Matter of a Named Person
2005-12-09 Submission of motion to add or substitute parties, LeB
2005-12-02 Response to motion to add or substitute parties, (SEALED), Completed on: 2005-12-02 CBC
2005-12-02 Response to motion to add or substitute parties, (SEALED), Completed on: 2005-12-02 Vancouver Sun
2005-12-02 Response to motion to add or substitute parties, (SEALED), Completed on: 2005-12-02 CTV, a Division of Bell Globemedia Inc.
2005-12-01 Response to motion to add or substitute parties, (SEALED), Completed on: 2005-12-01 In the Matter of a Named Person
2005-11-24 Motion to add or substitute parties, (SEALED), Completed on: 2005-11-24 Attorney General of Canada on behalf of the Requesting State
2005-10-31 Supplemental document, (extension of time included) (SEALED) In the Matter of a Named Person
2005-10-12 Correspondence received from, dated Oct. 5/05 (SEALED) In the Matter of a Named Person
2005-09-01 Correspondence received from, dated Sept. 1/05 (SEALED) Attorney General of Canada on behalf of the Requesting State
2005-07-22 Motion to extend the time to file and or serve the application for leave to appeal, Completed on: 2005-07-22 In the Matter of a Named Person
2005-07-19 Application for leave to appeal, FIRST APPLICATION (revised notice of application including extension received on July 22, 2005 - inserted in the book, service requested) (SEALED), Completed on: 2005-07-29 In the Matter of a Named Person
2005-05-30 Order on miscellaneous motion, to seal the file (BY LEBEL J.)
2005-05-30 Decision on the miscellaneous motion, to seal the file, LeB, UPON APPLICATION by counsel on behalf of the applicant for an interim Order sealing this file and prohibiting any access to or publication of the contents until the disposition of the application for leave to appeal;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
1) The motion is granted.
2) This file may be assigned a file number and is to be recorded only as "In the Supreme Court of Canada, in the Matter of a Named Person", without reference to the court appealed from or province of origin. All proceedings may be recorded.
3) All documents shall be filed in sealed envelopes and will only be made available to counsel for the applicant, counsel for the respondents, their respective Ottawa agents, members of this Court, Court staff and other persons as the parties may, in writing, agree or as this Court may further order.
4) This order is without prejudice to the right of either party, in the event the application for leave to appeal is granted, to apply for a further sealing order.
5) If leave to appeal is denied, counsel on behalf of the applicant is obliged to file with this Court any subsequent orders issued on the disclosure of information.
Granted
2005-05-30 Submission of miscellaneous motion, LeB
2005-05-26 Correspondence received from, dated May 18/05 (SEALED) In the Matter of a Named Person
2005-05-20 Correspondence received from, (by e-mail) dated May 20/05 (SEALED) In the Matter of a Named Person
2005-05-18 Reply to miscellaneous motion, (SEALED), Completed on: 2005-05-18 In the Matter of a Named Person
2005-05-16 Response to miscellaneous motion, (SEALED), Completed on: 2005-05-16 CTV, a Division of Bell Globemedia Inc.
2005-05-16 Response to miscellaneous motion, (SEALED), Completed on: 2005-05-16 CBC
2005-05-16 Response to miscellaneous motion, (SEALED), Completed on: 2005-05-16 Attorney General of Canada on behalf of the Requesting State
2005-05-16 Response to miscellaneous motion, (SEALED), Completed on: 2005-05-16 Attorney General of Canada on behalf of the Requesting State
2005-05-16 Correspondence received from, dated May 16/05 (SEALED) In the Matter of a Named Person
2005-05-16 Notice of miscellaneous motion, to seal the file (SEALED), Completed on: 2005-05-16 In the Matter of a Named Person
2005-05-16 Notice of application for leave to appeal, (SEALED) In the Matter of a Named Person

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
In the Matter of a Named Person Appellant Active
Attorney General of Canada on behalf of the Requesting State Appellant Active

v.

Main parties - Respondents
Name Role Status
Vancouver Sun Respondent Active
The Province Respondent Active
BCTV Respondent Active
CBC Respondent Active
CKNW Respondent Active
CityTv Respondent Active
CTV, a Division of Bell Globemedia Inc. Respondent Active

Other parties

Other parties
Name Role Status
Law Society of British Columbia Intervener Active
Attorney General of Ontario Intervener Active

Counsel

Party: In the Matter of a Named Person

Counsel
Names
Ian Donaldson, Q.C.
Tanya L. Chamberlain
Contact information
Donaldson Jetté
490 - 1090 Homer Street
Vancouver, British Columbia
V6B 2W9
Telephone: (604) 681-5232
FAX: (604) 681-1331
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: Attorney General of Canada on behalf of the Requesting State

Counsel
Names
Robert J. Frater
Bernard Laprade
Cheryl D. Mitchell
Contact information
Attorney General of Canada
Bank of Canada Building
234 Wellington Street, Room 1161
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca

Party: Vancouver Sun

Counsel
Names
Robert S. Anderson
Ludmila B. Herbst
Contact information
Farris, Vaughan, Wills & Murphy LLP
2600 - 700 West Georgia Street
Box 10026
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 684-9151
FAX: (604) 661-9349
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: The Province

Counsel
Names
Robert S. Anderson
Ludmila Herbst
Contact information
Farris, Vaughan, Wills & Murphy LLP
2600 - 700 West Georgia Street
Box 10026
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 684-9151
FAX: (604) 661-9349
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: BCTV

Counsel
Names
Robert S. Anderson
Ludmila Herbst
Contact information
Farris, Vaughan, Wills & Murphy LLP
2600 - 700 West Georgia Street
Box 10026
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 684-9151
FAX: (604) 661-9349
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: CBC

Counsel
Names
Heather E. Maconachie
Daniel W. Burnett
Contact information
Owen Bird Law Corporation
29th Floor - 3 Bentall Centre
595 Burrard Street
Vancouver, British Columbia
V7X 1J5
Telephone: (604) 691-7519
FAX: (604) 632-4473
Email: hmaconachie@owenbird.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: CKNW

Counsel
Names
Heather E. Maconachie
Daniel W. Burnett
Contact information
Owen Bird Law Corporation
29th Floor - 3 Bentall Centre
595 Burrard Street
Vancouver, British Columbia
V7X 1J5
Telephone: (604) 691-7519
FAX: (604) 632-4473
Email: hmaconachie@owenbird.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: CityTv

Counsel
Names
Heather E. Maconachie
Daniel W. Burnett
Contact information
Owen Bird Law Corporation
29th Floor - 3 Bentall Centre
595 Burrard Street
Vancouver, British Columbia
V7X 1J5
Telephone: (604) 691-7519
FAX: (604) 632-4473
Email: hmaconachie@owenbird.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: CTV, a Division of Bell Globemedia Inc.

Counsel
Names
Michael A. Skene
Angus M. Gunn, Jr.
Contact information
Borden Ladner Gervais LLP
1200 Waterfront Centre
200 Burrard Street
Vancouver, British Columbia
V7X 1T2
Telephone: (604) 640-4248
FAX: (604) 622-5848
Email: mskene@blgcanada.com
Agent
Name
Carole J. Brown
Contact information
Borden Ladner Gervais LLP
World Exchange Plaza
1100 - 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: cbrown@blgcanada.com

Party: Law Society of British Columbia

Counsel
Names
Leonard T. Doust
Michael A Feder
Contact information
McCarthy Tétrault LLP
1300 - 777 Dunsmuir Street
Vancouver, British Columbia
V7Y 1K2
Telephone: (604) 643-7903
FAX: (604) 643-7900
Email: ldoust@mccarthy.ca
Agent
Name
Colin S. Baxter
Contact information
McCarthy Tétrault LLP
1400 - 40 Elgin Street
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca

Party: Attorney General of Ontario

Counsel
Names
Christopher Webb
David Finley
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
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.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.

In this case, a judge disclosed information over which informer privilege is claimed to selected media counsel and media representatives so they could make submissions on whether proceedings brought by the Named Person should be heard in camera.

The issue on this appeal is whether the extradition judge erred by granting media counsel and media representatives access to information over which informer privilege is being asserted upon their entering into undertakings with respect to maintaining confidentiality.

Lower court rulings

None.

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