Hyperlawhypertext legal database C.B. v. The Queen [1981] 2 SCR 480

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C.B. v. The Queen

[1981] 2 SCR 480 Court SCC Decision date 1981-10-20 English

PartiesC.B. Appellant·Her Majesty The Queen Respondent·Radio Station CJOB and affiliate station CHMM Respondents·The Honourable the Attorney General of the Province of Manitoba Respondents

Counsel (6)
Martin Minuk and Mathew B. Nepon, for the appellant.
Derek Booth, for the respondent CJOB.
Stuart Whitley, for the respondent the Attorney General of Manitoba.
Solicitor for the appellant: Martin S. Minuk, Winnipeg.
Solicitor for the respondent Her Majesty The Queen: Gordon E. Pilkey, Winnipeg.
Solicitors for the respondent radio stations: Booth, Kripiakevich & Denneh, Winnipeg.

Judges Laskin, Bora; Martland, Ronald; Ritchie, Roland Almon; Dickson, Robert George Brian; Estey, Willard Zebedee; McIntyre, William Rogers; Chouinard, Julien

Delivered by Judgment of the Court

On appeal from Manitoba

Subjects Courts

Contents

Judgment of the Court

The judgment of the Court was delivered by

The Appellant was charged under the provisions of the Juvenile Delinquents Act, R.S.C. 1970, Cap. J-3 (hereinafter referred to as the J.D.A.) with certain delinquencies arising out of an incident in the City of Winnipeg, in Manitoba on April 2nd, 1979. An application was made by Radio Station CJOB and its affiliate station CHMM (hereinafter referred to as the “Radio Stations”), before Senior Family Court Judge E.C. Kimelman to be present in Juvenile Court and report on the proceedings at the trial of the juvenile Appellant, C.B. The application was heard by the learned Provincial Court Judge on June 18th, 1979, in the Provincial Judges’ Court (Family Division) of Winnipeg.
The ruling on the application was made on Friday, June 22nd, 1979. The application of the Radio Stations was granted and an Order was made permitting the Radio Stations, through Mr. Bob Beaton or an employee of the Radio Stations, to attend Court, watch the proceedings and report, subject to outlined conditions relating to identification of the juvenile, his parents or guardians, or the school or institution in which he finds himself.
On Tuesday, September 25th, 1979, the Appellant sought leave to appeal and to appeal the decision of Senior Family Court Judge E.C. Kimelman, pursuant to Section 37 (1) of the J.D.A. Simultaneously, the Appellant sought an Order of Mandamus directing Senior Family Court Judge E.C. Kimelman to comply with the statutory provisions of S. 12 (1) of the J.D.A. to hold the trial of the Appellant in camera and an

[Page 483]

Order prohibiting the said Senior Family Court Judge from proceeding to hear the trial in the presence of persons or parties not contemplated by the provisions of the J.D.A.
On September 25th, 1979, the learned Trial Judge, Mr. Justice Hewak, granted leave to appeal under the J.D.A. but dismissed the appeal. In addition, the learned Trial Judge dismissed the application for Mandamus and Prohibition.
The Appellant appealed from that Judgment to the Manitoba Court of Appeal and special leave to appeal was granted and the appeals were dismissed by a judgment rendered April 18th, 1980.
From that Judgment the Appellant now appeals.

Footnotes

  1. [1] [1980] 6 W.W.R. 177; (1980), 53 C.C.C. (2d) 251, 5 Man. R. (2d) 66.
  2. [2] (1946), 88 C.C.C. 8.
  3. [3] [1979] 4 W.W.R. 620.
  4. [4] (1979), 10 C.R. (3d) 68.
  5. [5] (1975), 13 O.R. (2d) 6.
  6. [6] (1979), 2 Fam. L. Rev. 213.
  7. [7] [1967] S.C.R. 702.
  8. [8] (1959), 125 C.C.C. 100.
  9. [9] (1944), 82 C.C.C. 105.
  10. [10] (1948), 92 C.C.C. 282.
  11. [11] (1955), 111 C.C.C. 312.
  12. [12] [1964] 1 C.C.C. 173.
  13. [13] [1964] 2 C.C.C. 316.
  14. [14] (1965), 46 C.R. 103.
  15. [15] [1971] 1 O.R. 75.
  16. [16] (1958), 121 C.C.C. 103.

Statutes and regulations cited

  • Unresolved citations