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"Secret Trial" Case: an Important Victory for Public Right to Information before the Supreme Court of Canada

Fasken
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Overview

Fasken congratulates its clients for the decision obtained today before the Supreme Court of Canada. Fasken represented a coalition of media organizations, including Société Radio-Canada/CBC, La Presse, Québecor Média, La Presse canadienne, and the daily newspapers of the Coopérative nationale de l'information indépendante.

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.

The Fasken team who worked on this case, led by Christian Leblanc, consisted of Patricia Hénault, Isabelle Kalar, Sophie Arsenault, and Catherine Simonet.

Fasken congratulates everyone who contributed to this decision before the highest court in the country.

We invite you to listen to our partner Christian Leblanc's argument here. We suggest listening as of the 15 minute mark until 1:08, and from 2:08 to 2:14.

Stay tuned for the upcoming Fasken press review.

About Fasken

As a premier law firm with over 950 lawyers worldwide, Fasken is where excellence meets expertise. We are dedicated to shaping the future our clients want, precisely when it matters most. For more information, visit fasken.com.

Media Contact

  • Stephanie Weinstein
Stephanie Weinstein Senior Director, Communications +1 514 397 5152

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