Supreme Court of Canada Hearings

Canadian Broadcasting Corporation, et al. v. His Majesty the King, et al. (40371)

(PUBLICATION BAN IN CASE) (SEALING ORDER) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)On March 23, 2022, the Quebec Court of Appeal issued a redacted version of its reasons, which it had originally delivered on February 28, 2022, allowing the respondent Named Person’s conviction appeal and staying the criminal proceedings brought against Named Person, a police informer. The trial judgment under appeal had not been made public, and all the details of the proceedings, which were held in camera, were unknown to the public. The Court of Appeal ordered that the original version of its judgment and all information in its record be sealed.After the Court of Appeal issued the redacted judgment, the media appellants filed a motion to have the confidentiality orders concerning the appeal record and the trial record lifted in whole or in part. The appellant the Attorney General of Quebec filed a motion to vary the sealing order applicable to the appeal record. The Court of Appeal dismissed the motions. Argued Date 2023-12-12 Keywords Criminal law - Canadian charter (Criminal), Procedure - Criminal law — Charter of Rights — Procedure — Informer privilege — Order that proceedings be held in camera and sealing order — Whether trial judge can proceed outside justice system, completely and totally in camera, without putting together record or revealing very existence of court proceedings, contrary to open court principle protected by s. 2(b) of Canadian Charter of Rights and Freedoms — Whether, even though police informer privilege is absolute, its unrestrained interpretation may displace constitutional principle of open court proceedings, as Court of Appeal suggested — In addition to identity and list of information that would automatically identify informer, for which there is absolute protection, what test and framework should apply to permit adversarial proceeding in order to decide what other information might identify police informer — When determining facts that may be published while still protecting police informer’s identity, whether judge who hears application should order that interested third parties be notified and have opportunity to be heard on these matters — Whether Court of Appeal erred in refusing to partially unseal its record on ground that this exercise seemed unworkable. Notes (Quebec) (Criminal) (By Leave) (Publication ban in case) (Sealing order) (Certain information not available to the public) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Canadian Broadcasting Corporation, et al. v. His Majesty the King, et al. (40371)

(PUBLICATION BAN IN CASE) (SEALING ORDER) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)On March 23, 2022, the Quebec Court of Appeal issued a redacted version of its reasons, which it had originally delivered on February 28, 2022, allowing the respondent Named Person’s conviction appeal and staying the criminal proceedings brought against Named Person, a police informer. The trial judgment under appeal had not been made public, and all the details of the proceedings, which were held in camera, were unknown to the public. The Court of Appeal ordered that the original version of its judgment and all information in its record be sealed.After the Court of Appeal issued the redacted judgment, the media appellants filed a motion to have the confidentiality orders concerning the appeal record and the trial record lifted in whole or in part. The appellant the Attorney General of Quebec filed a motion to vary the sealing order applicable to the appeal record. The Court of Appeal dismissed the motions. Argued Date 2023-12-12 Keywords Criminal law - Canadian charter (Criminal), Procedure - Criminal law — Charter of Rights — Procedure — Informer privilege — Order that proceedings be held in camera and sealing order — Whether trial judge can proceed outside justice system, completely and totally in camera, without putting together record or revealing very existence of court proceedings, contrary to open court principle protected by s. 2(b) of Canadian Charter of Rights and Freedoms — Whether, even though police informer privilege is absolute, its unrestrained interpretation may displace constitutional principle of open court proceedings, as Court of Appeal suggested — In addition to identity and list of information that would automatically identify informer, for which there is absolute protection, what test and framework should apply to permit adversarial proceeding in order to decide what other information might identify police informer — When determining facts that may be published while still protecting police informer’s identity, whether judge who hears application should order that interested third parties be notified and have opportunity to be heard on these matters — Whether Court of Appeal erred in refusing to partially unseal its record on ground that this exercise seemed unworkable. Notes (Quebec) (Criminal) (By Leave) (Publication ban in case) (Sealing order) (Certain information not available to the public) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Attorney General of Canada v. Joseph Power (40241)

Respondent Joseph Power was convicted of two criminal offences in the 1990s. He served a term of imprisonment.In 2010 Mr. Power made inquiries about the process to obtain a pardon, but did not apply for one.In 2011, Mr. Power’s employer learned of his criminal record. He was suspended from work.Mr. Power applied for a pardon — now called a record suspension — in 2013 in order to continue working in his chosen field. However, two enactments since 2010 — the Limiting Pardons for Serious Crimes Act and the Safe Streets and Communities Act — had amended the Criminal Records Act. Transitional provisions in both of the amending acts gave them retrospective application to offences that had occurred before their coming into force. The combined effect of these enactments and their transitional provisions was to render Mr. Power permanently ineligible for a record suspension.Mr. Power lost his job and became ineligible for membership with provincial bodies governing his field of employment.The transitional provisions of both the Limiting Pardons for Serious Crimes Act and the Safe Streets and Communities Act, which gave them retrospective application to offences committed prior to their enactment, were later declared unconstitutional.Mr. Power brought an action against the Crown, alleging that the adoption and application of the transitional provisions constituted conduct that was clearly wrong, undertaken in bad faith, and abusive of government power. He sought damages pursuant to s. 24(1) of the Canadian Charter of Rights and Freedoms.Prior to trial, the appellant Attorney General of Canada sought a determination of questions of law, concerning whether the Crown could ever be held liable in damages in respect of the enactment of legislation that is later declared unconstitutional.The Court of Appeal of New Brunswick upheld the application judge’s determination of those questions, and dismissed the Attorney General’s appeal. Argued Date 2023-12-07 Keywords Constitutional law - Charter of Rights, Remedy (s. 24), Damages - Constitutional law — Charter of Rights — Remedy (s. 24) — Damages — Respondent convicted of criminal offences prior to certain amendments to regime for obtaining pardons, but transitional provisions applied the amendments retrospectively — Respondent seeking pardon after employer learned of criminal record, but amendments rendered respondent permanently ineligible for a pardon — Respondent losing his employment — Respondent seeking damages after transitional provisions declared unconstitutional — Whether the Crown may be held liable in damages for government officials and Ministers preparing and drafting legislation that is later declared unconstitutional — Whether the Crown may be held liable in damages for Parliament enacting legislation that is later declared unconstitutional — Limiting Pardons for Serious Crimes Act, S.C. 2010, c. 5 — Safe Streets and Communities Act, S.C. 2012, c. 1 — Criminal Records Act, R.S.C. 1985, c. C-47. Notes (New Brunswick) (Civil) (By Leave) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Attorney General of Canada v. Joseph Power (40241)

Respondent Joseph Power was convicted of two criminal offences in the 1990s. He served a term of imprisonment.In 2010 Mr. Power made inquiries about the process to obtain a pardon, but did not apply for one.In 2011, Mr. Power’s employer learned of his criminal record. He was suspended from work.Mr. Power applied for a pardon — now called a record suspension — in 2013 in order to continue working in his chosen field. However, two enactments since 2010 — the Limiting Pardons for Serious Crimes Act and the Safe Streets and Communities Act — had amended the Criminal Records Act. Transitional provisions in both of the amending acts gave them retrospective application to offences that had occurred before their coming into force. The combined effect of these enactments and their transitional provisions was to render Mr. Power permanently ineligible for a record suspension.Mr. Power lost his job and became ineligible for membership with provincial bodies governing his field of employment.The transitional provisions of both the Limiting Pardons for Serious Crimes Act and the Safe Streets and Communities Act, which gave them retrospective application to offences committed prior to their enactment, were later declared unconstitutional.Mr. Power brought an action against the Crown, alleging that the adoption and application of the transitional provisions constituted conduct that was clearly wrong, undertaken in bad faith, and abusive of government power. He sought damages pursuant to s. 24(1) of the Canadian Charter of Rights and Freedoms.Prior to trial, the appellant Attorney General of Canada sought a determination of questions of law, concerning whether the Crown could ever be held liable in damages in respect of the enactment of legislation that is later declared unconstitutional.The Court of Appeal of New Brunswick upheld the application judge’s determination of those questions, and dismissed the Attorney General’s appeal. Argued Date 2023-12-07 Keywords Constitutional law - Charter of Rights, Remedy (s. 24), Damages - Constitutional law — Charter of Rights — Remedy (s. 24) — Damages — Respondent convicted of criminal offences prior to certain amendments to regime for obtaining pardons, but transitional provisions applied the amendments retrospectively — Respondent seeking pardon after employer learned of criminal record, but amendments rendered respondent permanently ineligible for a pardon — Respondent losing his employment — Respondent seeking damages after transitional provisions declared unconstitutional — Whether the Crown may be held liable in damages for government officials and Ministers preparing and drafting legislation that is later declared unconstitutional — Whether the Crown may be held liable in damages for Parliament enacting legislation that is later declared unconstitutional — Limiting Pardons for Serious Crimes Act, S.C. 2010, c. 5 — Safe Streets and Communities Act, S.C. 2012, c. 1 — Criminal Records Act, R.S.C. 1985, c. C-47. Notes (New Brunswick) (Civil) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Thalbinder Singh Poonian, et al. v. British Columbia Securities Commission (40396)

The respondent, British Columbia Securities Commission found that the appellants, Thalbinder Singh Poonian and Shailu Poonian, breached the Securities Act, R.S.B.C. 1996, c. 418, by engaging in conduct that resulted in the misleading appearance of trading activity in, or an artificial price for, a corporation’s shares. It then imposed both a disgorgement order and an administrative penalty against the Poonians.The Commission applied to the BCSC for an order declaring that the amounts owed to it by the Poonians were debts that would not be released by an order of discharge under the Bankruptcy and Insolvency Act. The BCSC granted the Commission’s application. It concluded that the debts fell within two exemptions to the discharge of debts outlined at s. 178(1) of the BIA: the debts were fines, penalties or restitution orders imposed by a court (s. 178(1)(a)) and they resulted from obtaining property or services by false pretences or fraudulent misrepresentation (s. 178(1)(e)). The Court of Appeal for British Columbia dismissed the appeal. While it disagreed that the sanctions had been imposed by a court, it concluded that the BCSC had not erred in finding that the sanctions in this case fell within the exemption defined in s. 178(1)(e) of the BIA. The fact that the misrepresentation was not made to the creditor, in this case, the Commission, did not preclude the Commission from relying on the exemption. Argued Date 2023-12-06 Keywords Bankruptcy and insolvency - Securities - Bankruptcy and Insolvency — Debts not released by discharge — Securities Commission finding appellants breached Securities Act, R.S.B.C. 1996, c. 418, and imposing disgorgement order and administrative penalties — Courts below granting declaration that amounts appellants owe Securities Commission are not to be released by any order or discharge granted under the Bankruptcy and Insolvency Act — Whether Court of Appeal erred in finding Commission’s administrative monetary penalties and disgorgement orders survived Poonian’s discharge from bankruptcy — If so, whether Court of Appeal erred in finding creditors seeking to avail themselves of s. 178(1)(e) of the Bankruptcy and Insolvency Act did not have to prove they were same party debtor made direct representations to by fraud or fraudulent pretense — Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, s. 178(1). Notes (British Columbia) (Civil) (By Leave) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Thalbinder Singh Poonian, et al. v. British Columbia Securities Commission (40396)

The respondent, British Columbia Securities Commission found that the appellants, Thalbinder Singh Poonian and Shailu Poonian, breached the Securities Act, R.S.B.C. 1996, c. 418, by engaging in conduct that resulted in the misleading appearance of trading activity in, or an artificial price for, a corporation’s shares. It then imposed both a disgorgement order and an administrative penalty against the Poonians.The Commission applied to the BCSC for an order declaring that the amounts owed to it by the Poonians were debts that would not be released by an order of discharge under the Bankruptcy and Insolvency Act. The BCSC granted the Commission’s application. It concluded that the debts fell within two exemptions to the discharge of debts outlined at s. 178(1) of the BIA: the debts were fines, penalties or restitution orders imposed by a court (s. 178(1)(a)) and they resulted from obtaining property or services by false pretences or fraudulent misrepresentation (s. 178(1)(e)). The Court of Appeal for British Columbia dismissed the appeal. While it disagreed that the sanctions had been imposed by a court, it concluded that the BCSC had not erred in finding that the sanctions in this case fell within the exemption defined in s. 178(1)(e) of the BIA. The fact that the misrepresentation was not made to the creditor, in this case, the Commission, did not preclude the Commission from relying on the exemption. Argued Date 2023-12-06 Keywords Bankruptcy and insolvency - Securities - Bankruptcy and Insolvency — Debts not released by discharge — Securities Commission finding appellants breached Securities Act, R.S.B.C. 1996, c. 418, and imposing disgorgement order and administrative penalties — Courts below granting declaration that amounts appellants owe Securities Commission are not to be released by any order or discharge granted under the Bankruptcy and Insolvency Act — Whether Court of Appeal erred in finding Commission’s administrative monetary penalties and disgorgement orders survived Poonian’s discharge from bankruptcy — If so, whether Court of Appeal erred in finding creditors seeking to avail themselves of s. 178(1)(e) of the Bankruptcy and Insolvency Act did not have to prove they were same party debtor made direct representations to by fraud or fraudulent pretense — Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, s. 178(1). Notes (British Columbia) (Civil) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

John Aquino, et al. v. Ernst & Young Inc., in its capacity as Court-Appointed Monitor of Bondfield Construction Company Limited, et al. (40166)

The appellant, John Aquino, was the directing mind of Bondfield Construction Company Limited (“BCCL”) and its affiliate, 1033803 Ontario Inc., commonly known as Forma-Con (“debtor companies”). He and the other appellants carried out a false invoicing scheme over a number of years by which they siphoned off tens of millions of dollars from both debtor companies. The respondents challenged the false invoicing scheme and sought to recover some of the money under s. 96 of the Bankruptcy and Insolvency Act and s. 36.1 of the Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C-36. They asserted that the false invoicing scheme was implemented by means of transfers at undervalue by which Mr. Aquino and the debtor companies intended to defraud, defeat or delay a creditor. The appellants asserted that the principles of the common law doctrine of corporate attribution set out in Canadian Dredge & Dock Co. v. The Queen, [1985] 1 S.C.R. 662, did not permit the imputation of Mr. Aquino’s intention to either debtor company. The application judge imputed the fraudulent intention of Mr. Aquino to the corporate debtors. The Court of Appeal dismissed the appellants’ appeals. Argued Date 2023-12-05 Keywords Bankruptcy and insolvency - Bankruptcy and Insolvency — Doctrine of corporate attribution — Interpretation of requirement that debtor have intent to defraud, defeat or delay creditor, set out in provision of Bankruptcy and Insolvency Act that permits courts to declare transfers at undervalue void — Courts below holding intent requirement met by attributing intent of companies’ directing mind to the corporate debtors — Whether the Court of Appeal was entitled to reframe the common law corporate attribution doctrine, as formulated in Canadian Dredge & Dock Co. v. The Queen, [1985] 1 S.C.R. 662, and its progeny, within the bankruptcy context — Whether the Court of Appeal made an extricable error in law when it upheld the applications judge’s ruling to the effect that the true financial condition of the corporate debtors, at the time of the impugned transactions, was not “determinative” of whether its directing mind, as a matter of fact, had the requisite intent to defraud, defeat or delay the third-party creditors — Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, s. 96. Notes (Ontario) (Civil) (By Leave) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

John Aquino, et al. v. Ernst & Young Inc., in its capacity as Court-Appointed Monitor of Bondfield Construction Company Limited, et al. (40166)

The appellant, John Aquino, was the directing mind of Bondfield Construction Company Limited (“BCCL”) and its affiliate, 1033803 Ontario Inc., commonly known as Forma-Con (“debtor companies”). He and the other appellants carried out a false invoicing scheme over a number of years by which they siphoned off tens of millions of dollars from both debtor companies. The respondents challenged the false invoicing scheme and sought to recover some of the money under s. 96 of the Bankruptcy and Insolvency Act and s. 36.1 of the Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C-36. They asserted that the false invoicing scheme was implemented by means of transfers at undervalue by which Mr. Aquino and the debtor companies intended to defraud, defeat or delay a creditor. The appellants asserted that the principles of the common law doctrine of corporate attribution set out in Canadian Dredge & Dock Co. v. The Queen, [1985] 1 S.C.R. 662, did not permit the imputation of Mr. Aquino’s intention to either debtor company. The application judge imputed the fraudulent intention of Mr. Aquino to the corporate debtors. The Court of Appeal dismissed the appellants’ appeals. Argued Date 2023-12-05 Keywords Bankruptcy and insolvency - Bankruptcy and Insolvency — Doctrine of corporate attribution — Interpretation of requirement that debtor have intent to defraud, defeat or delay creditor, set out in provision of Bankruptcy and Insolvency Act that permits courts to declare transfers at undervalue void — Courts below holding intent requirement met by attributing intent of companies’ directing mind to the corporate debtors — Whether the Court of Appeal was entitled to reframe the common law corporate attribution doctrine, as formulated in Canadian Dredge & Dock Co. v. The Queen, [1985] 1 S.C.R. 662, and its progeny, within the bankruptcy context — Whether the Court of Appeal made an extricable error in law when it upheld the applications judge’s ruling to the effect that the true financial condition of the corporate debtors, at the time of the impugned transactions, was not “determinative” of whether its directing mind, as a matter of fact, had the requisite intent to defraud, defeat or delay the third-party creditors — Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, s. 96. Notes (Ontario) (Civil) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Franck Yvan Tayo Tompouba v. His Majesty the King (40332)

(PUBLICATION BAN IN CASE)Mr. Tayo Tompouba was charged with sexual assault. On his first appearance, he was not advised of his right to apply for a trial in French, despite the court’s obligation to inform him of that right under s. 530(3) of the Criminal Code. He was convicted following a trial in English. The Court of Appeal acknowledged that not advising Mr. Tayo Tompouba of his right was an error, but it applied the curative proviso to dismiss his appeal. It held that the right provided for in s. 530(3) is a procedural right, not a substantive right. Argued Date 2023-10-11 Keywords Criminal law - Trial - Criminal law — Trial — Language of accused — French-speaking accused not advised of his right to be tried in official language of his choice — Whether curative proviso in s. 686 of Criminal Code can apply to violation of s. 530(3) of Criminal Code — Whether new trial must be ordered — Criminal Code, R.S.C. 1985, c. C-46, ss. 530(3), 686(1)(b). Notes (British Columbia) (Criminal) (By Leave) (Publication ban in case) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Franck Yvan Tayo Tompouba v. His Majesty the King (40332)

(PUBLICATION BAN IN CASE)Mr. Tayo Tompouba was charged with sexual assault. On his first appearance, he was not advised of his right to apply for a trial in French, despite the court’s obligation to inform him of that right under s. 530(3) of the Criminal Code. He was convicted following a trial in English. The Court of Appeal acknowledged that not advising Mr. Tayo Tompouba of his right was an error, but it applied the curative proviso to dismiss his appeal. It held that the right provided for in s. 530(3) is a procedural right, not a substantive right. Argued Date 2023-10-11 Keywords Criminal law - Trial - Criminal law — Trial — Language of accused — French-speaking accused not advised of his right to be tried in official language of his choice — Whether curative proviso in s. 686 of Criminal Code can apply to violation of s. 530(3) of Criminal Code — Whether new trial must be ordered — Criminal Code, R.S.C. 1985, c. C-46, ss. 530(3), 686(1)(b). Notes (British Columbia) (Criminal) (By Leave) (Publication ban in case) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).