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.
33085
Toronto Star Newspapers Ltd., et al. v. Her Majesty the Queen in Right of Canada, et al.
(Ontario) (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.
Date | Proceeding | Filed By (if applicable) |
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2010-10-06 | Appeal closed | |
2010-10-06 | Correspondence received from, François Lacasse dated Sept. 30/10 re: expiry of publication bans | Her Majesty the Queen in Right of Canada |
2010-06-11 | Formal judgment sent to the registrar of the court of appeal and all parties | |
2010-06-11 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
2010-06-10 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for Ontario, Numbers C46864 and C45923, 2009 ONCA 59, dated January 26, 2009, heard on November 16, 2009, is dismissed and the cross-appeal is allowed. The constitutionality of s. 517 of the Criminal Code is upheld. Abella J. is dissenting. Dismissed |
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2010-06-10 |
Judgment on the cross-appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, See judgment Allowed |
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2010-04-07 | Correspondence received from, David Lepofsky dated Apr. 7/10 re: Crown is abandoning his Notice of Appeal in the ON C/A in the case R. v. Brant cited in his intervener's factum (joint with 32865) (sent to the Court Apr. 13/10) | Attorney General of Ontario |
2009-12-04 | Transcript received, (137 pages) | |
2009-11-16 | Judgment reserved OR rendered with reasons to follow | |
2009-11-16 | General proceeding, Publication Ban questionnaire returned from all parties | Toronto Star Newspapers Ltd. |
2009-11-16 | Correspondence received from, Sana Ansari dated Nov. 13, 2009. Re: Mr. Farooq is the only counsel of record. | Qayyum Abdul Jamal |
2009-11-16 | Intervener's condensed book, Submitted in Court (14 copies) | Canadian Newspaper Association |
2009-11-16 | Respondent's condensed book, Joint with 32865 - Submitted in Court (14 copies) | Her Majesty the Queen in Right of Canada |
2009-11-16 | Appellant's condensed book, Submitted in Court (14 copies) | Toronto Star Newspapers Ltd. |
2009-11-16 | Acknowledgement and consent for video taping of proceedings, From all parties | |
2009-11-16 |
Hearing of the appeal, 2009-11-16, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
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2009-11-13 | Notice of appearance, Anser Farooq and Tahir Majeed will be present at the hearing. | Qayyum Abdul Jamal |
2009-11-10 | Supplemental document, Supplemental book of authorities - Service to follow, Completed on: 2009-11-10 | Asad Ansari |
2009-11-10 | Reply factum on appeal, CD and original service rec'd Nov. 12/09, Completed on: 2009-11-12 | Her Majesty the Queen in Right of Canada |
2009-11-10 |
Order by, CJ, UPON APPLICATION by counsel on behalf of the Respondent, S.A., in writing to the Court for an Order extending the time within which the said Respondent may serve and file his Factum to November 9, 2009 and requesting to present oral argument at the hearing of the appeal. IT IS ORDERED that the time within which the said Respondent may serve and file his Factum is extended to November 9, 2009 and that the said Respondent may present oral argument pursuant to R. 71(3). Granted |
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2009-11-09 | Respondent's factum, Rec'd by e-mail and served by e-mail., Completed on: 2009-11-20 | Shareef Abdelhaleen |
2009-11-09 | Correspondence received from, John North dated November 9, 2009. Re: Disposition of the new draft counsel sheet | Her Majesty the Queen in Right of Canada |
2009-11-05 | Order on motion to extend time, (BY ROTHSTEIN J.) | |
2009-11-05 | Order on motion to extend time | |
2009-11-05 | Order on motion to extend time | |
2009-11-05 |
Decision on motion to extend time, to serve and file the respondent, F.A.'s factum and book of authorities to Oct. 14/09 and to present oral argument at the hearing of the appeal, Ro Granted |
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2009-11-05 |
Decision on motion to extend time, to serve and file the respondent, Asad Ansari's factum and book of authorities to Oct. 14/09 and to present oral argument at the hearing of the appeal, Ro Granted |
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2009-11-05 |
Decision on motion to extend time, Ro, UPON APPLICATION by counsel on behalf of the Respondents, A.M.D. and Ahmad Mustafe Ghany, in writing to a Judge in chambers for an Order extending the time within which the said Respondents may serve and file their Factum and Book of Authorities to October 14, 2009. IT IS ORDERED that the time within which the said Respondents may serve and file their Factum and Book of Authorities is extended to October 14, 2009. AND IT IS ORDERED that the said Respondents have the right to oral argument pursuant to R. 71(3). AND IT IS FURTHER ORDERED that the Respondent, Her Majesty the Queen in Right of Canada, has the right to serve and file a reply factum not exceeding 5 pages, to the factum of the Respondents, A.M.D. and Ahmad Mustafe Ghany, on or before November 10, 2009. Granted |
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2009-11-05 | Submission of motion to extend time, Ro | |
2009-11-05 | Notice of appearance, Christopher Hicks and Catriona Verner will be present at the hearing. | N.S. |
2009-11-05 | Notice of appearance, Daniel Burnett will be present at the hearing. | Canadian Newspaper Association |
2009-11-05 | Notice of appearance, Jolaine Antonio will be present at the hearing. | Attorney General of Alberta |
2009-11-05 | Notice of appearance, Nathan Whitling and Dennis Edney will be present at the hearing. | Fahim Ahmad |
2009-10-30 | Notice of appearance, Paul B. Schabas and Ryder Gilliland will be appearing and Mr. Schabas will make oral submission. | Toronto Star Newspapers Ltd. |
2009-10-30 | Notice of appearance, Rocco Galati will be appearing | Amin Mohamed Durrani |
2009-10-29 | Notice of appearance, John Norris and Breese Davies will be appearing and Mr. Norris will make the oral submissions. | Asad Ansari |
2009-10-29 | Notice of appearance, Jonathan C. Lisus and Alexi N. Wood will be appearing, Mr. Lisus will make oral submission. | Canadian Civil Liberties Association |
2009-10-29 | Notice of appearance, John North and Steve Coroza will be appearing, Mr. North will make oral submissions. | Her Majesty the Queen in Right of Canada |
2009-10-28 | Notice of appearance, Delmar Doucette and Michael Moon will be appearing and Mr. Doucette will make oral representation. | Steven Vikash Chand |
2009-10-27 |
Order by, (joint with 32865), Ro, FURTHER TO THE ORDERS dated August 21 and October 13, 2009, granting leave to intervene to the Canadian Civil Liberties Association and the Canadian Newspaper Association, Ad Idem/Canadian Media Lawyers Association, RTNDA Canada/Association of Electronic Journalists and Canadian Association of Journalists; IT IS HEREBY FURTHER ORDERED THAT the two groups of interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals. AND IT IS HEREBY FURTHER ORDERED THAT the joint interveners, N.S. and N.Y., pursuant to Rule 22(3)(c)(i) are granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals. Granted |
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2009-10-27 | Reply to motion to extend time, (Letter Form), by Mr. Ghany and A.M.D., Completed on: 2009-10-27 | Amin Mohamed Durrani |
2009-10-27 | Order on motion to extend time | |
2009-10-27 |
Decision on motion to extend time, to serve and file a single factum and book of authorities not exceeding 10 pages of the intervener, Canadian Civil Liberties Association, for both appeals to Oct. 23/09, Ro Granted |
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2009-10-27 | Submission of motion to extend time, Ro | |
2009-10-27 | Correspondence received from, John North dated October 27, 2009. Re: Response to letter from Paul Schabas dated October 26, 2009. | Her Majesty the Queen in Right of Canada |
2009-10-27 | Correspondence received from, Paul Schabas dated October 26, 2009. Re: Time allocation to all parties | Toronto Star Newspapers Ltd. |
2009-10-26 | Intervener's factum - AG on constitutional question, CD missing - Rec'd on October 28, 2009, Completed on: 2009-10-28 | Attorney General of Ontario |
2009-10-26 | Response to motion to extend time, by A.M.D. and Mr. Ghany - original rec'd Oct-28-09, Completed on: 2009-10-26 | Her Majesty the Queen in Right of Canada |
2009-10-26 | Correspondence received from, Ryder Gilliland dated October 26, 2009. Re: Correction of the name Ryder Gilliland on the counsel sheet | Toronto Star Newspapers Ltd. |
2009-10-23 | Intervener's factum, Completed on: 2009-10-23 | Canadian Newspaper Association |
2009-10-23 | Intervener's book of authorities, Rec'd 12 copies - Service and CD to follow - Rec'd on Oct. 30, 2009 (Joint with 32865), Completed on: 2009-11-02 | Canadian Civil Liberties Association |
2009-10-23 | Intervener's factum, Rec'd 25 copies - Service and CD to follow - Rec'd on Oct. 30, 2009 (Joint with 32865), Completed on: 2009-11-02 | Canadian Civil Liberties Association |
2009-10-23 | Intervener's factum - AG on constitutional question, Service rec'd Oct. 27/09, Completed on: 2009-10-27 | Attorney General of Alberta |
2009-10-23 | Intervener's book of authorities, Service rec'd Oct. 27/09, Completed on: 2009-10-27 | Attorney General of Alberta |
2009-10-23 | Notice of appearance, David Lepofsky, Peter Scrutton and Daniel Guttman will be present at the hearing. | Attorney General of Ontario |
2009-10-23 | Order on motion to extend time | |
2009-10-23 |
Decision on motion to extend time, to serve Toronto Star Newspapers Ltd. with the factum of Her Majesty the Queen in Right of Canada and the Director of Public Prosecutions of Canada to Oct. 19/09, DeRg Granted, without costs |
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2009-10-22 | Response to motion to extend time, by F.A., Completed on: 2009-10-22 | Canadian Civil Liberties Association |
2009-10-22 | Notice of withdrawal, of parties, Zakaria Amara, Mohammed Dirie, Yasin Abdi Mohamed, Jahmaal James, Saad Khalid, S.G., Z.M. and S.M. | Toronto Star Newspapers Ltd. |
2009-10-22 | Submission of motion to extend time, DeRg | |
2009-10-21 | Response to motion to extend time, to serve Toronto Star Newspapers Ltd., by Her Majesty the Queen, Completed on: 2009-10-21 | Toronto Star Newspapers Ltd. |
2009-10-21 | Response to motion to extend time, serve and file the factum and for oral argument, by F.A., Completed on: 2009-10-21 | Asad Ansari |
2009-10-20 | Correspondence received from, Ms. Brooks dated Oct-20-09 re: discontinuance of parties | Toronto Star Newspapers Ltd. |
2009-10-20 | Motion to extend time, to serve Toronto Star Newspapers Ltd. (original filed Oct. 21/09), Completed on: 2009-10-20 | Her Majesty the Queen in Right of Canada |
2009-10-20 | Motion to extend time, serve and file the factum and for oral argument, Completed on: 2009-10-23 | Fahim Ahmad |
2009-10-20 | Response to motion to extend time, (Letter Form), by CCLA, Completed on: 2009-10-20 | Her Majesty the Queen in Right of Canada |
2009-10-19 | Respondent's factum, 1 extra copy filed - cd rec'd Oct. 21/09, Completed on: 2009-10-19 | Fahim Ahmad |
2009-10-19 | Notice of change of counsel, Colin S. Baxter has changed firms but still agent on file | Canadian Civil Liberties Association |
2009-10-19 | Correspondence received from, Mr. Moriah, by email, dated Oct-17-09 re: will not be participating in the appeal | Jahmaal James |
2009-10-16 | Response to motion to extend time, Completed on: 2009-10-16 | Canadian Civil Liberties Association |
2009-10-16 | Response to motion to extend time, by Mr. Ghany and A.M.D., Completed on: 2009-10-16 | Canadian Civil Liberties Association |
2009-10-16 | Correspondence received from, Mr. Martin, by hand, dated Oct-15-09 re: change of address and agent's name - will be filing materials with extension of time | Shareef Abdelhaleen |
2009-10-15 | Notice of appearance, from Mr. Majeed dated Oct-14-09 re: will not be making any submissions | Qayyum Abdul Jamal |
2009-10-14 | Motion to extend time, serve and file the factum and for oral argument (joint with A.M.D.), Completed on: 2009-10-14 | Ahmad Mustafa Ghany |
2009-10-14 | Respondent's book of authorities, Completed on: 2009-10-14 | Amin Mohamed Durrani |
2009-10-14 | Respondent's factum, Completed on: 2009-10-14 | Amin Mohamed Durrani |
2009-10-14 | Appellant's factum - cross appeal, included in Respondent's factum, Completed on: 2009-10-23 | Asad Ansari |
2009-10-14 | Respondent's factum, Cross-Appeal included, Completed on: 2009-10-23 | Asad Ansari |
2009-10-14 | Motion to extend time, serve and file the factum and for oral argument (joint with Mr. Ghany), Completed on: 2009-10-16 | Amin Mohamed Durrani |
2009-10-14 | Motion to extend time, to serve and file the factum and for oral argument, Completed on: 2009-10-16 | Asad Ansari |
2009-10-14 | Response to motion to extend time, by CCLA, Completed on: 2009-10-14 | Toronto Star Newspapers Ltd. |
2009-10-13 | Correspondence received from, Delmar Doucette re: difficulty serving Mr. Martin | Shareef Abdelhaleen |
2009-10-13 | Response to motion to extend time, by CCLA, Completed on: 2009-10-13 | Attorney General of Alberta |
2009-10-13 | Order on motion for leave to intervene, (BY ROTHSTEIN J.) | |
2009-10-13 |
Decision on the motion for leave to intervene, Ro, UPON APPLICATION by the Canadian Newspaper Association, Ad Idem/Canadian Media Lawyers Association, RTNDA Canada/Association of Electronic Journalists and Canadian Association of Journalists, for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene by the Canadian Newspaper Association, Ad Idem/Canadian Media Lawyers Association, RTNDA Canada/Association of Electronic Journalists and Canadian Association of Journalists is granted and the said intervener shall be entitled to serve and file a single factum not to exceed 10 pages in length on or before October 26, 2009. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by its intervention. Granted |
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2009-10-13 | Submission of motion for leave to intervene, Ro | |
2009-10-13 | Appeal perfected for hearing | |
2009-10-08 | Appellant's book of authorities - cross appeal, Joint with Respondent's Authorities and 32865, Completed on: 2009-10-08 | Her Majesty the Queen in Right of Canada |
2009-10-08 | Appellant's record - cross appeal, Joint with Respondent's Record - CD rec'd Oct. 16/09 | Her Majesty the Queen in Right of Canada |
2009-10-08 | Appellant's factum - cross appeal, CD rec'd Oct. 16/09 - joint with respondent's factum, Completed on: 2009-10-19 | Her Majesty the Queen in Right of Canada |
2009-10-08 | Respondent's book of authorities, Cross Appeal included - joint with 32865 - New books of authorities, vol 1 to 3 rec'd Oct. 23/09, proof of service rec'd Oct. 27/09, Completed on: 2009-10-27 | Her Majesty the Queen in Right of Canada |
2009-10-08 | Respondent's record, Joint with cross-appeal - CD rec'd Oct. 16/09 - one paper and electronic redacted copy for the Web filed., Completed on: 2009-10-19 | Her Majesty the Queen in Right of Canada |
2009-10-08 | Respondent's factum, - cross-appeal included - joint with 32865 - CD rec'd Oct. 16/09; one paper and electronic redacted copy for the Web filed., Completed on: 2009-10-19 | Her Majesty the Queen in Right of Canada |
2009-10-08 | Respondent's book of authorities, Affidavit of Service rec'd Oct. 15/09, Completed on: 2009-10-16 | Steven Vikash Chand |
2009-10-08 | Respondent's factum, Affidavit of Service rec'd Oct. 15/09, Completed on: 2009-10-16 | Steven Vikash Chand |
2009-10-08 | Correspondence received from, Mr. Hicks by fax dated Oct-8-09 re: S. M. will not be participating in the appeal | N.S. |
2009-10-08 | Notice of change of counsel, from Mr. Chernovsky to Mr. Hicks | N.Y. |
2009-10-07 | Response to motion to extend time, by CCLA, Completed on: 2009-10-07 | Asad Ansari |
2009-10-07 | Motion to extend time, to serve and file the factum to Oct-23-09 (Joint with 32865) - ammended notice and order rec'd Oct-23-09, Completed on: 2009-10-07 | Canadian Civil Liberties Association |
2009-10-07 | Intervener's book of authorities, Joint, Completed on: 2009-10-08 | N.S. |
2009-10-07 | Intervener's factum, Joint, Completed on: 2009-10-08 | N.S. |
2009-10-05 | Response to the motion for leave to intervene, and extension of time, Completed on: 2009-10-05 | Her Majesty the Queen in Right of Canada |
2009-10-05 | Response to the motion for leave to intervene, by the Media Coalition, Completed on: 2009-10-05 | Her Majesty the Queen in Right of Canada |
2009-10-01 | Order on miscellaneous motion | |
2009-10-01 |
Decision on miscellaneous motion, Reg, (a) A single factum and book of authorities shall be served and filed on behalf or Her Majesty the Queen in Right of Canada and the Director of Public Prosecutions of Canada for both appeals; and (b) The time to serve and file the factum on behalf of the Director of Public Prosecutions of Canada in Canadian Broadcasting Corporation et. al. v. the Queen et. al. (file number: 32865) shall be extended to October 8, 2009, without costs. Granted, without costs |
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2009-10-01 | Submission of miscellaneous motion, Reg | |
2009-09-25 | Response to the motion for leave to intervene, email from Gowlings dated Sept. 24/09, Completed on: 2009-09-25 | Asad Ansari |
2009-09-24 | Motion for leave to intervene, (joint with an extension of time) (bookform), Completed on: 2009-09-24 | Canadian Newspaper Association |
2009-09-17 | Notice of miscellaneous motion, to serve and file a respondent's single factum and book of authorities with file 32865 to Oct. 8/09, Completed on: 2009-09-17 | Her Majesty the Queen in Right of Canada |
2009-08-26 | Correspondence received from, Mr. Nuttall, by phone, on Aug-26-09 and by email no Aug-31-09 re: will not be participating in the appeal | Mohammed Dirie |
2009-08-21 | Correspondence received from, David J.M. Kolinsky dated Aug. 21/09 re: will no longer be participating in the appeal and need not be served with any documents | Zakaria Amara |
2009-08-21 | Correspondence received from, Rocco Galati dated Aug. 20/09 re: is counsel of record and inform that his Ott. Agent is Gowlings | Amin Mohamed Durrani |
2009-08-21 | Order on motion for leave to intervene, (BY ROTHSTEIN J.) | |
2009-08-21 |
Decision on the motion for leave to intervene, Ro, UPON APPLICATION by the Canadian Civil Liberties Association for leave to intervene in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene by the Canadian Civil Liberties Association is granted and the said intervener shall be entitled to serve and file a single factum not to exceed 10 pages in length. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by its intervention. Granted |
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2009-08-21 | Submission of motion for leave to intervene, Ro | |
2009-08-20 | Correspondence received from, Ingrid Grant dated Aug. 19/09 re: will not be participating in the appeal and participants not be required to serve her with documents (joint with 33066) | Saad Khalid |
2009-08-20 | Correspondence received from, (Letter Form), Mr. Nuttall by fax and email dated Aug-20-09 re: representing Mr. Ali Dirie Mohammed | Mohammed Dirie |
2009-08-19 | Correspondence received from, Christopher Hicks dated August 19, 2009. Re: Gowlings is now acting as agent | N.S. |
2009-08-19 | Correspondence received from, M. Chernovsky dated Aug 18/09 re: not retained to represent this paty | N.Y. |
2009-08-14 | Appellant's book of authorities, (3 volumes), Completed on: 2009-08-14 | Toronto Star Newspapers Ltd. |
2009-08-14 | Appellant's record, (6 volumes), Completed on: 2009-08-14 | Toronto Star Newspapers Ltd. |
2009-08-14 | Appellant's factum, Completed on: 2009-08-14 | Toronto Star Newspapers Ltd. |
2009-08-14 | Response to the motion for leave to intervene, (Letter Form), from John Norris dated Aug. 14/09, Completed on: 2009-08-14 | Asad Ansari |
2009-08-14 | Response to the motion for leave to intervene, (Letter Form), from Christopher Hicks dated Aug. 14/09, Completed on: 2009-08-14 | Amin Mohamed Durrani |
2009-08-13 | Notice of hearing sent to parties | |
2009-08-11 |
Appeal hearing scheduled, 2009-11-16, (Starting time 9:00 a.m.) Judgment reserved |
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2009-08-07 | General proceeding, as per proof of service, by email, from Mr. Slansky re: will not be participating in the appeal | S.G. |
2009-08-06 | Response to the motion for leave to intervene, (Letter Form), from Ryder Gilliland dated Aug. 5/09 (included in motion book), Completed on: 2009-08-06 | Toronto Star Newspapers Ltd. |
2009-08-06 | Motion for leave to intervene, (bookform) (joint with 32865), Completed on: 2009-08-06 | Canadian Civil Liberties Association |
2009-08-05 | Order on motion to extend time | |
2009-08-05 |
Decision on motion to extend time, CJ, to serve and file the Notice of Constitutional Question to July 23/09 Granted |
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2009-08-05 | Submission of motion to extend time, CJ | |
2009-07-30 | Correspondence received from, (Letter Form), Delmar Doucette, dated July 30, 2009, Re: Change in counsel | Steven Vikash Chand |
2009-07-29 | Response to motion to extend time, e-mail from François Lacasse dated July 29/09, Completed on: 2009-07-29 | Her Majesty the Queen in Right of Canada |
2009-07-29 | Correspondence received from, Mr. Galati dated July 28/09 re: changes to the law firm (rec'd by fax and cc. to all parties) | Ahmad Mustafa Ghany |
2009-07-28 | Motion to extend time, AMENDED to serve and file the Notice of Constitutional Question to July 23/09, Completed on: 2009-07-28 | Toronto Star Newspapers Ltd. |
2009-07-23 | Response to motion to extend time, e-mail from François Lacasse dated July 22/09, Completed on: 2009-07-23 | Her Majesty the Queen in Right of Canada |
2009-07-23 | Motion to extend time, to file the Notice of Constitutional Question to July 14/09 (bookform) (see AMENDED motion filed July 28/09), Completed on: 2009-07-23 | Toronto Star Newspapers Ltd. |
2009-07-22 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
2009-07-16 | Correspondence received from, E. Sapiano dated July 16/09 re: change of address and confirming Yassin Abdi Mohamed will not be participating in this appeal - sent by e-mail to parties (by e-mail) | Yasin Abdi Mohamed |
2009-07-16 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
2009-07-13 | Notice of constitutional question(s), (AMENDED notice rec'd July 23/09)(service upon A.G's until July 17/09) | Toronto Star Newspapers Ltd. |
2009-07-06 | Order issued on motion for a stay of execution, (BY CHARRON J.) | |
2009-07-06 |
Decision on the motion for a stay of execution, Cha, UPON APPLICATION by the respondent, Her Majesty the Queen, for an order staying the proceedings with the respect to the judgment of the Court of Appeal for Ontario dated January 26, 2009 until this appeals’ final disposition. AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion is granted with no order as to costs. Granted, no order as to costs |
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2009-07-06 | Submission of motion for a stay of execution, Cha | |
2009-07-06 | Correspondence received from, (by fax) John North, dated July 3/09; stay | Her Majesty the Queen in Right of Canada |
2009-07-02 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
2009-07-02 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellants for an order stating constitutional questions in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTION BE STATED AS FOLLOWS: 1. Does s. 517 of the Criminal Code, R.S.C. 1985, c. C-46, as amended, infringe s. 2(b) of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? IT IS FURTHER ORDERED THAT: Any interveners under Rule 55 or Rule 61, shall serve and file their factum and book of authorities on or before October 26, 2009. Granted |
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2009-06-30 | Submission of motion to state a constitutional question, CJ | |
2009-06-25 | Reply to motion for a stay of execution, (Letter Form), wont be filing a reply, Completed on: 2009-06-25 | Her Majesty the Queen in Right of Canada |
2009-06-25 | Response to the motion to state a constitutional question, (Letter Form), from J. North rec'd June 25/09, re.: agree to Motion to state C.Q. by appellants, Completed on: 2009-06-25 | Her Majesty the Queen in Right of Canada |
2009-06-25 | Response to the motion to state a constitutional question, (Letter Form), from C. Hicks rec'd June 25/09 by fax (orig. rec'd June 29/09), re.: agree to Motion to state C.Q. by appellants, Completed on: 2009-06-25 | N.S. |
2009-06-25 | Response to the motion to state a constitutional question, (Letter Form), from M. A. Moon,rec'd June 25/09, re.: agree to Motion to state C.Q. by appellants, Completed on: 2009-06-25 | Steven Vikash Chand |
2009-06-22 | Response to the motion to state a constitutional question, (Letter Form), from John Norris dated June 22/09, Completed on: 2009-06-22 | Asad Ansari |
2009-06-19 | Motion to state a constitutional question, (bookform) (proof of delivery missing - Rec'd on June 24, 2009), Completed on: 2009-06-25 | Toronto Star Newspapers Ltd. |
2009-06-19 | Notice of appeal, CD missing - Rec'd on July 2, 2009, Completed on: 2009-07-03 | Toronto Star Newspapers Ltd. |
2009-06-12 | Response to the motion for a stay of execution, Completed on: 2009-06-12 | Toronto Star Newspapers Ltd. |
2009-06-04 | Motion for a stay of execution, (bookform), Completed on: 2009-06-04 | Her Majesty the Queen in Right of Canada |
2009-06-03 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
2009-05-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
2009-05-29 | Judgment on leave sent to the parties | |
2009-05-28 |
Judgment of the Court on the application for leave to appeal, The motion to expedite the leave application is dismissed. The application for leave to appeal and the application for leave to cross-appeal from the judgment of the Court of Appeal for Ontario, Numbers C46864 and C45923, 2009 ONCA 59, dated January 26, 2009, are granted. The appeal is to be heard with Canadian Broadcasting Corporation, et al. v. Her Majesty the Queen, et al. (32865) on November 16, 2009. Granted |
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2009-05-28 |
Judgment of the Court on the application for leave to cross-appeal, See judgment. Granted |
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2009-05-28 |
Decision on motion to expedite the application for leave to appeal, The motion to expedite the leave application is dismissed. Dismissed |
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2009-05-05 | Applicant's reply to respondent's argument, (Letter Form), from P. B. Schabas dated May 5/09 re: will not file a reply (by fax), Completed on: 2009-05-05 | Toronto Star Newspapers Ltd. |
2009-04-27 | All materials on application for leave submitted to the Judges, CJ Abe Ro | |
2009-04-27 | All material on the application for leave to cross-appeal submitted to the Judges, CJ Abe Ro | |
2009-04-27 | Submission of motion to expedite the application for leave to appeal, CJ Abe Ro | |
2009-04-16 | Application for leave to cross-appeal, Included in the response, Completed on: 2009-04-16 | Her Majesty the Queen in Right of Canada |
2009-04-16 | Respondent's response on the application for leave to appeal, Completed on: 2009-04-16 | Her Majesty the Queen in Right of Canada |
2009-04-03 | Correspondence received from, John Norris dated April 3, 2009. Re: Response included with cross-appeal | Asad Ansari |
2009-04-03 | Application for leave to cross-appeal, Included in the response (Motion to expedite also included), Completed on: 2009-04-03 | Asad Ansari |
2009-04-03 | Respondent's response on the application for leave to appeal, Completed on: 2009-04-03 | Asad Ansari |
2009-04-02 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
2009-03-18 | Book of authorities | Toronto Star Newspapers Ltd. |
2009-03-18 | Motion to expedite the application for leave to appeal, (bookform) Proof of serv. and consent missing (rec'd Apr.3-09), Completed on: 2009-04-03 | Toronto Star Newspapers Ltd. |
2009-03-18 | Application for leave to appeal, Proof of service and consents missing (rec'd Apr.3-09), Completed on: 2009-04-03 | Toronto Star Newspapers Ltd. |
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 |
---|---|---|
Toronto Star Newspapers Ltd. | Appellant / Respondent on cross-appeal | Active |
Canadian Broadcasting Corporation, Associated Press and CTV Television Inc. | Appellant / Respondent on cross-appeal | Active |
v.
Name | Role | Status |
---|---|---|
Her Majesty the Queen in Right of Canada | Respondent / Appellant on cross-appeal | Active |
Ansari, Asad | Respondent / Appellant on cross-appeal | Active |
Ahmad, Fahim | Respondent | Active |
Abdelhaleen, Shareef | Respondent | Active |
Abdul Jamal, Qayyum | Respondent | Active |
Mohamed Durrani, Amin | Respondent | Active |
Vikash Chand, Steven | Respondent | Active |
Mustafa Ghany, Ahmad | Respondent | Active |
Other parties
Name | Role | Status |
---|---|---|
Attorney General of Ontario | Intervener | Active |
Attorney General of Alberta | Intervener | Active |
N.S. | Intervener | Active |
N.Y. | Intervener | Active |
Canadian Civil Liberties Association | Intervener | Active |
Canadian Newspaper Association | Intervener | Active |
AD IDEM/Canadian Media Lawyers Association, RTNDA Canada/Association of Electronic Journalists and Canadian Association of Journalists | Intervener | Active |
Counsel
Party: Toronto Star Newspapers Ltd.
Counsel
Ryder Gilliland
PO Box 25
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-4274
FAX: (416) 863-2653
Email: paul.schabas@blakes.com
Agent
45 O'Connor St.
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2200
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: Canadian Broadcasting Corporation, Associated Press and CTV Television Inc.
Counsel
Ryder Gilliland
PO Box 25
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-4274
FAX: (416) 863-2653
Email: paul.schabas@blakes.com
Agent
45 O'Connor St.
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2200
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: Her Majesty the Queen in Right of Canada
Counsel
Steve Coroza
Marco Mendicino
201 County Court Blvd.
Suite 600, Office 634
Brampton, Ontario
L6W 4L2
Telephone: (905) 454-2627
FAX: (905) 454-2168
Email: john.north@ppsc-sppc.gc.ca
Agent
284, rue Wellington
2ième étage
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: flacasse@ppsc-sppc.gc.ca
Party: Ahmad, Fahim
Counsel
Nathan Whitling
Edmonton, Alberta
T5T 5M6
Telephone: (780) 758-9262
FAX: (780) 757-7455
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Ansari, Asad
Counsel
Breese Davies
Toronto, Ontario
M5H 4E2
Telephone: (416) 596-2960
FAX: (416) 596-2598
Email: john.norris@simcoechambers.com
Agent
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: Abdelhaleen, Shareef
Counsel
Eganville, RR #1, Ontario
K0J 1T0
Telephone: (613) 585-6927
FAX: (613) 735-9138
Email: petergmartin-pembroke@hotmail.com
Agent
Ottawa, Ontario
K2P 1B8
Telephone: (613) 563-7474
FAX: (613) 563-9179
Email: spiritualelders@hotmail.com
Party: Abdul Jamal, Qayyum
Counsel
Suite 212
Mississauga, Ontario
L4W 4L9
Telephone: (905) 624-3805
FAX: (905) 624-3801
Party: Mohamed Durrani, Amin
Counsel
637 College Street, Suite 203
Toronto, Ontario
M6G 1B5
Telephone: (416) 536-7811
FAX: (416) 536-6801
Agent
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: Vikash Chand, Steven
Counsel
Michael Moon
20 Dundas Street West, Suite 1100
Toronto, Ontario
M5G 2G8
Telephone: (416) 597-9400
FAX: (416) 597-0070
Agent
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: Mustafa Ghany, Ahmad
Counsel
637 College Street, Suite 203
Toronto, Ontario
M6G 1B5
Telephone: (416) 536-7811
FAX: (416) 536-6801
Agent
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: N.Y.
Counsel
238 King Street East
Toronto, Ontario
M5A 1K1
Telephone: (416) 975-1700
FAX: (416) 925-8882
Email: chicks@h-b-a.ca
Agent
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: N.S.
Counsel
238 King Street East
Toronto, Ontario
M5A 1K1
Telephone: (416) 975-1700
FAX: (416) 925-8882
Email: chicks@h-b-a.ca
Agent
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 Ontario
Counsel
Peter Scrutton
Daniel Guttman
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4458
FAX: (416) 326-4656
Email: dlepofsky@sympatico.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Alberta
Counsel
3rd Floor, Centrium Place
300, 332 - 6 Avenue S.W.
Calgary, Alberta
T2P 0B2
Telephone: (403) 592-4902
FAX: (403) 297-3453
Email: jolaine.antonio@gov.ab.ca
Agent
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 Civil Liberties Association
Counsel
Alexi N. Wood
Suite 5300
Toronto-Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7848
FAX: (416) 868-0673
Agent
1111 Prince of Wales Drive
Suite 401
Ottawa, Ontario
K2C 3T2
Telephone: (613) 569-8558
FAX: (613) 569-8668
Email: cbaxter@cwcb-law.com
Party: AD IDEM/Canadian Media Lawyers Association, RTNDA Canada/Association of Electronic Journalists and Canadian Association of Journalists
Counsel
2900 - 595 Burrard Street
Vancouver, British Columbia
V7X 1J5
Telephone: (604) 691-7506
FAX: (604) 632-4433
Email: dburnett@owenbird.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Canadian Newspaper Association
Counsel
2900 - 595 Burrard Street
Vancouver, British Columbia
V7X 1J5
Telephone: (604) 691-7506
FAX: (604) 632-4433
Email: dburnett@owenbird.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.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.
Charter of Rights - Freedom of expression (s. 2(b)) - Criminal law - Publication bans - Judicial interim release - Hearing - Does s. 517 of the Criminal Code, R.S.C. 1985, c. C-46, as amended, infringe s. 2(b) of the Canadian Charter of Rights and Freedoms? - If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? - Canadian Charter of Rights and Freedoms, ss. 1, 2(b) - Criminal Code, R.S.C. 1985, c. C-46, s. 517.
Several adults and young persons were arrested for terrorism-related offences. The police held press conferences to announce the arrests. Before the first interim judicial release publication ban was imposed, details of the alleged plots were disclosed and widely reported.
Lower court rulings
Ontario Superior Court of Justice
1009/06
Application for certiorari dismissed
Ontario Superior Court of Justice
1009/06
Application challenging constitutionality of of s.517 of the Crimminal Code dismissed.
Court of Appeal for Ontario
2009 ONCA 59, C46864, C45923
Appeal from July 27, 2006 decision dismissed Appeal from March 1, 2007 allowed in part.
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.
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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.
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