Supreme Court of Canada
Date: 1997-03-27
Before: Lamer C.J.C.
Counsel: W. Ian Binnie, Q.C., and Michael J. Bryant, for Thomson Newspapers Co., appellant, moving party. Debra M. McAllister, Charles D. Johnston and Gail Sinclair, for respondent.
[1] Lamer C.J.C.:—The notice of motion to abridge time and expedite the hearing raises what I see as an insurmountable problem. While I am quite ready, insofar as the parties themselves are concerned, to agree to set this appeal down for hearing on May 28, 1997, and while I am also ready to advise the Attorneys General who might wish to intervene under Rule 32 that the time granted for service of the factums is reduced, I fail to see how I can abridge the time granted under Rule 18(2) to potential interveners to come to a decision to intervene or not. These potential interveners, who are unknown to me, now have until May 25, 1997 to do so which, in turn, is only three days before the date requested for the hearing of the appeal.
[2] I am not ready to deny potential litigants the right to have their day in Court in this important matter, absent hearing from them. Of course, while this Court has always been extremely flexible in order to accommodate litigants in urgent circumstances, and then again in matters of extreme importance such as life or death, I, as Chief Justice, am unwilling to shut the doors of our Court to anyone who has the right to apply for and obtain intervener status.
[3] While all of this is based on speculations as to when elections will be held, this Court has always reserved its precious right to deliberate and hand down judgment when ready, within a reasonable time of course. This Court cannot undertake to hand down judgment at a time prior to the elections which would be dispositive one way or another of the issue.
[4] The motion is denied.
[5] Motion dismissed.