REQUEST for an expedited hearing of a Charter application.
Mark J. Freiman and Lucas E. Lung, for applicants Canadian
Broadcasting Corporation and Bell Media Inc.
Sean Gaudet and James Gorham, for respondent Attorney General
of Canada.
[1] HIMEL J.: -- This matter was before me in the Motions
Scheduling Court as a request by the Canadian Broadcasting
Corporation and Bell Media Inc. (the "applicants") to schedule
an application brought under rule 14.05(3)(d) and 14.05(3)(g.1)
[page681] of the Rules of Civil Procedure, R.R.O. 1990, Reg.
194. The applicants ask that the case be heard on an urgent
basis as they challenge the constitutional validity of s. 329
of the Canada Elections Act, S.C. 2000, c. 9, which prohibits
the transmission of election results in one electoral district
to another electoral district before the close of all polling
stations in that other district. They seek to have the court
declare that s. 329 violates s. 2(b) of the Canadian Charter of
Rights and Freedoms (freedom of expression) and is not saved by
s. 1 of the Charter. They ask that the application be heard
some time prior to the federal election which is scheduled for
May 2, 2011. The Attorney General of Canada opposes the request
for an urgent hearing.
Factual Background
[2] On Saturday, March 26, 2011, Parliament was dissolved and
a federal election was called for Monday, May 2, 2011. The
2011 ONSC 2281 (CanLII)
Rules of Civil Procedure, R.R.O. 1990, Reg. 194, rule 14.05(3)
(d), (g.1)
Authorities referred to
Hogg, Peter, Constitutional Law of Canada, 5th ed.
(Scarborough, Ont.: Thomson Carswell, 2007)
Royal Commission on Electoral Reform and Party Financing,
Reforming Electoral Democracy: Final Report (Ottawa: Royal
Commission on Electoral Reform and Party Financing, 1991)