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Fasken achieves an important gain for public right to information before the Supreme Court of Canada

Fasken
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Overview

Client

Coalition of media

Fasken is pleased with the decision obtained for its clients before the Supreme Court of Canada. By representing a coalition of media organizations, including Société Radio-Canada/CBC, La Presse, Québecor Média, The Canadian Press, and the daily newspapers of the Coopérative nationale de l'information indépendante, Fasken achieved partial success in this case.

Recall that this "secret trial" garnered a lot of attention in the spring of 2022, when the Québec Court of Appeal revealed the existence of a case involving a police informant that took place entirely behind closed doors. In this case, the media requested the disclosure of more information to the general public while preserving the anonymity of the accused. They also wanted to ensure that no secret proceedings take place in the courts.

In its decision, the Supreme Court of Canada stated that there had been no "secret trial" and provided an explanation. However, it ordered the publication of a redacted version of the trial judgment, which still has not been published to this day.

The Supreme Court emphasized the importance of transparency in the administration of justice and provided specific guidance to courts across the country to prevent such situations from happening in the future. It also reaffirmed that the publicity of judicial proceedings contributes to maintaining public confidence in the justice system.

"Transparency is essential to maintain the integrity of the judicial system and to preserve public trust. I am extremely grateful to our Fasken team, whose hard work and passion were at the heart of this case. Each member of our team played a crucial role in achieving this positive result. I would also like to express my sincere gratitude to our clients, who have placed their trust in us. Their collaboration and unwavering support have been key factors in our shared success," said Christian Leblanc, Senior Partner at Fasken.

A Fasken team composed of Christian Leblanc, Patricia Hénault, Isabelle Kalar, Sophie Arsenault, and Catherine Simonet represented the coalition of media in this litigation.

Jurisdiction

  • Québec

Team

  • Christian Leblanc, Partner | Intellectual Property, Montréal, QC, +1 514 397 7545, [email protected]
  • Patricia Hénault, Associate | Intellectual Property, Montréal, QC, +1 514 397 7488, [email protected]
  • Isabelle Kalar, Associate | Trademark Agent | Intellectual Property, Montréal, QC, +1 514 397 7528, [email protected]
  • Sophie Arseneault, Partner | Labour, Employment & Human Rights, Ottawa, ON, +1 613 696 6904, [email protected]
  • Catherine Simonet, Counsel | Commercial Litigation, Montréal, QC, +1 514 397 7466, [email protected]
Patent and Intellectual Property Lawyer in Montreal, Christian Leblanc Christian Leblanc Partner | Intellectual Property Montréal, QC +1 514 397 7545
Patricia Henault | Intellectual Property Lawyer in Montréal Patricia Hénault Associate | Intellectual Property Montréal, QC +1 514 397 7488
Isabelle Kalar Lawyer Isabelle Kalar Associate | Trademark Agent | Intellectual Property Montréal, QC +1 514 397 7528
Sophie Arseneault Ottawa Lawyer Sophie Arseneault Partner | Labour, Employment & Human Rights Ottawa, ON +1 613 696 6904
Catherine Simonet, Counsel | Commercial Litigation Catherine Simonet Counsel | Commercial Litigation Montréal, QC +1 514 397 7466