Case information
Consult our database for details on a Supreme Court of Canada case.
40266
Canadian Broadcasting Corporation, et al. v. His Majesty the King in Right of the Province of British Columbia, et al.
(British Columbia) (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) |
|---|---|---|
| 2023-03-10 | Close file on Leave | |
| 2023-03-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-03-02 | Judgment on leave sent to the parties | |
| 2023-03-02 |
Judgment of the Court on the application for leave to appeal, The motions for an extension of time to serve and file the application for leave to appeal and the reply are granted. The application for leave to appeal from the judgment of the Supreme Court of British Columbia, Number S1914178, 2021 BCSC 745, dated April 22, 2021, is dismissed. Dismissed |
|
| 2023-03-02 |
Decision on motion to extend time, See decision on the application Granted |
|
| 2023-03-02 |
Decision on motion to extend time to file and /or serve the leave application, See decision on the application. Granted |
|
| 2023-01-23 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-01-23 | Submission of motion to extend time, for consideration by the Court | |
| 2023-01-23 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-10-14 | Motion to extend time, (Letter Form), Completed on: 2022-10-24 | Canadian Broadcasting Corporation |
| 2022-09-12 | Certificate (on limitations to public access), (Letter Form), 23B - Reply, (Printed version due on 2022-09-19) | Canadian Broadcasting Corporation |
| 2022-09-12 |
Applicant's reply to respondent's argument, (Letter Form), require: -motion for extension of time (rec'd 2022-10-14) -proof of service (rec'd 2022-10-14), Completed on: 2022-10-24, (Printed version due on 2022-09-19) |
Canadian Broadcasting Corporation |
| 2022-09-12 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-09-13) | BC Corrections |
| 2022-09-12 | Notice of name, (Letter Form), (Printed version filed on 2022-09-13) | BC Corrections |
| 2022-09-07 | Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), 23B, (Printed version due on 2022-09-14) | Robert Vagramov |
| 2022-09-07 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-09-14) | Robert Vagramov |
| 2022-08-30 | Response to the motion to extend the time to file and / or serve the leave application, (Included in the respondent's response on the application for leave to appeal), Completed on: 2022-09-01 | Robert Vagramov |
| 2022-08-30 |
Respondent's response on the application for leave to appeal, (Book Form), Required: - 23A (rec'd 2022-09-07) - Proof of service (rec'd 2022-09-07) - amended 23A (Rec'd 2022-09-21), Completed on: 2022-11-18, (Printed version due on 2022-09-07) |
Robert Vagramov |
| 2022-08-26 | Response to the motion to extend the time to file and / or serve the leave application, (Book Form), (Included in the respondent's response on the application for leave to appeal), Completed on: 2022-09-01, (Printed version filed on 2022-08-26) | His Majesty the King in Right of the Province of British Columbia |
| 2022-08-26 | Certificate (on limitations to public access), 23A | His Majesty the King in Right of the Province of British Columbia |
| 2022-08-26 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-09-14, (Printed version filed on 2022-08-26) | His Majesty the King in Right of the Province of British Columbia |
| 2022-08-22 | Response to the motion to extend the time to file and / or serve the leave application, (Book Form), (Included in the respondent's response on the application for leave to appeal), Completed on: 2022-09-01, (Printed version filed on 2022-08-23) | BC Corrections |
| 2022-08-22 |
Respondent's response on the application for leave to appeal, (Book Form), Required: - Amended response (rec'd 2022-08-24) - Notice of name (rec'd 2022-09-12) - 23A (rec'd 2022-09-12), Completed on: 2022-09-14, (Printed version filed on 2022-08-23) |
BC Corrections |
| 2022-07-25 |
Correspondence received from, (Letter Form), Request to be added to the style of cause |
BC Corrections |
| 2022-06-30 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022/06/30 | |
| 2022-06-20 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-06-27) | Canadian Broadcasting Corporation |
| 2022-06-20 | Notice of name, (Letter Form), (Printed version due on 2022-06-27) | Canadian Broadcasting Corporation |
| 2022-06-20 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2022-06-30, (Printed version filed on 2022-06-27) | Canadian Broadcasting Corporation |
| 2022-06-20 |
Application for leave to appeal, (Book Form), require: -Amended application (rec'd 2022-06-27), Completed on: 2022-09-14, (Printed version filed on 2022-06-27) |
Canadian Broadcasting Corporation |
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 |
|---|---|---|
| Canadian Broadcasting Corporation | Applicant | Active |
| CTV, a Division of Bell Media Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King in Right of the Province of British Columbia | Respondent | Active |
| BC Corrections | Respondent | Active |
| Vagramov, Robert | Respondent | Active |
Counsel
Party: Canadian Broadcasting Corporation
Counsel
2900 - 733 Seymour Street
P.O. Box 49130
Vancouver, British Columbia
V6B 0S6
Telephone: (604) 240-4650
FAX: (604) 632-4433
Email: dburnett@owenbird.com
Party: CTV, a Division of Bell Media Inc.
Counsel
2900 - 733 Seymour Street
P.O. Box 49130
Vancouver, British Columbia
V6B 0S6
Telephone: (604) 240-4650
FAX: (604) 632-4433
Email: dburnett@owenbird.com
Party: His Majesty the King in Right of the Province of British Columbia
Counsel
Lesley A. Ruzicka
777 Hornby Street
Suite 1050
Vancouver, British Columbia
V6Z 1S4
Telephone: (604) 687-4288
FAX: (604) 687-4299
Email: michael@michaelkleinlaw.com
Agent
2600 - 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
Party: Vagramov, Robert
Counsel
105-1500 Howe Street
Vancouver, British Columbia
V6Z 2N1
Telephone: (604) 681-5232
FAX: (604) 681-1331
Email: ian@donaldsonlaw.ca
Party: BC Corrections
Counsel
1301 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-3004
FAX: (604) 660-6797
Email: freya.zaltz@gov.bc.ca
Summary
Keywords
Criminal law — Evidence — Third party access to records created in alternative measures program — Where documents are put under the control of the court by statute though not in a court file, does the “desirable in the proper administration of justice” test mandate a Dagenais/Mentuck approach to access — Whether the court below erred in holding that the “desirable in the proper administration of justice” test was not satisfied in the case of journalists seeking records to show what Alternative Measures an accused completed in order to obtain a stay of sexual assault criminal charges?
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 2019, an accused charged with sexual assault was approved for and completed an alternative measures program. The charge was stayed. Media entities filed a petition in the Supreme Court of British Columbia seeking an order granting them access to records related to the accused’s Alternative Measures program. The petition was dismissed. The Court of Appeal quashed a notice of appeal.
Lower court rulings
Supreme Court of British Columbia
2021 BCSC 745, S1914178
Petition under s. 717.4(1)(d) of Criminal Code for access to records dismissed
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 613-996-8666 or at 1-844-365-9662.
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
Related links
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 613-996-8666 or at 1-844-365-9662.
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
Related links
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 613-996-8666 or at 1-844-365-9662.
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