federal court notice of application form 301_v3
DESCRIPTION
Green Party's Federal Court application, requesting judicial intervention in a decision by the broadcast consortium to excluded Green Party leader Elizabeth May from the leaders' debate in Election 41.TRANSCRIPT
Court File No.
FEDERAL COURT OF APPEAL
B E T W E E N:
ELIZABETH MAY Applicant
and
CBC/RADIO-CANADA, CTV TELEVISION NETWORK LTD., GLOBAL TELEVISION NETWORK INC. AND TVA GROUP INC.
Respondents
APPLICATION UNDER SECTION 28 OF THE FEDERAL COURT ACT
NOTICE OF APPLICATION FOR JUDICIAL REVIEW
TO THE RESPONDENT:
A PROCEEDING HAS BEEN COMMENCED by the applicant. The relief claimed by the applicant appears on the following pages.
THIS APPLICATION will be heard by the Court at a time and place to be fixed by the Judicial Administrator. Unless the Court orders otherwise, the place of hearing will be as requested by the applicant. The applicant requests that this application be heard at Toronto, Ontario.
IF YOU WISH TO OPPOSE THIS APPLICATION, to receive notice of any step in the application or to be served with any documents in the application, you or a solicitor acting for you must prepare a notice of appearance in Form 305 prescribed by the Federal Courts Rules and serve it on the applicant's solicitor, or where the applicant is self-represented, on the applicant, WITHIN 10 DAYS after being served with this notice of application.
Copies of the Federal Courts Rules information concerning the local offices of the Court and other necessary information may be obtained on request to the Administrator of this Court at Ottawa (telephone 613-992-4238) or at any local office.
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IF YOU FAIL TO OPPOSE THIS APPLICATION, JUDGMENT MAY BE GIVEN IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU.
Dated at Toronto, Ontario this 31st day of March, 2011.
Issued by:_____________________________________(Registry Officer)
Address of local office:__________________
TO:
CBC/Radio-Canada250 Front St. WestToronto ONM5V 3G5
CTV Television Network Ltd.9 Channel Nine CourtToronto ONM1S 4B5
Global Television Network Inc.121 Bloor Street East. – Suite 1500 Toronto ONM4W 3M5
TVA Group Inc.1600, boul. De Maisonneuve EstMontréal QCH2L 4P2
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APPLICATION
This is an application for judicial review in respect of the portion of the Canadian Radio-
television and Telecommunications Commission, Broadcasting Information Bulletin
CRTC 2011-218 (March 29, 2011) that concerns the broadcasting of debates.
The applicant makes application for:
(a) Allowance of short service of all documents and materials in light of the urgency
of the application;
(b) An order in the nature of mandamus that electoral fairness within the meaning of
Section 3 of the Canadian Charter of Rights and Freedoms requires that the
CRTC issue guidelines for participation in leaders’ debates programs during
election periods; that those guidelines must include explicit criteria for
participation that are made public and must allow participation of all leaders of
registered political parties which received at least two percent of the vote in the
most recent previous election; and that such guidelines must be issued prior to
the first leaders’ debate in respect of the 2011 federal election which is scheduled
for April 12, 2011; and
(c) Such other remedies as counsel may advise and this Honourable Court may
permit.
The grounds for the application are:
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(a) On March 29, 2011, the Canadian Radio-television and Telecommunications
Commission [hereinafter “CRTC”] issued Broadcasting Information Bulletin
CRTC 2011-218;
(b) With respect to debates, the Information Bulletin states that broadcasters are not
required to include all leaders of political parties in debates programs;
(c) From September 2, 1988 until March 15, 1995, the CRTC required that
broadcasters accommodate all rival political parties in any leaders’ debates that
they broadcast;
(d) On March 15, 1995, the CRTC issued a public notice stating that the Commission
would no longer require that debates programs feature all leaders;
(e) From March 15, 1995 to the present, the CRTC has not issued any guidelines
restricting broadcasters’ choices of which leaders to invite to participate in
leaders’ debates;
(f) The Applicant, Elizabeth May [hereinafter “Ms. May”], is the leader of the Green
Party of Canada;
(g) The Green Party of Canada is a registered political party pursuant to the Canada
Elections Act;
(h) A federal election has been called for May 2, 2011;
(i) The leaders’ debates programs are produced by a Consortium of broadcasters;
(j) The Consortium producing the leaders’ debates programs for the federal election
of 2011 consists of CBC/Radio-Canada, CTV Television Network Inc., Global
Television Network Ltd. and TVA Group Inc.;
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(k) The Consortium of broadcasters has invited the leaders of the Conservative Party
of Canada, the Liberal Party of Canada, the New Democratic Party of Canada and
the Bloc Quebecois to participate in the leaders’ debates during the election period
for the election of 2011, and has stated that no other leaders will be permitted to
participate;
(l) The first leaders’ debate is scheduled is scheduled for April 12, 2011;
(m) The choices that the Consortium makes for participation in the leaders’ debates
are arbitrary and capricious and are not based on any rational criteria;
(n) Ms. May was also the leader of the Green Party of Canada for the election of
2008;
(o) In 2008, the Consortium initially told Ms. May that she would not be permitted to
participate in the leaders’ debates. After a huge public outcry and the threat of
legal action, the Consortium reversed its position and allowed Ms. May to
participate in the leaders’ debates of 2008;
(p) It was widely recognised that Ms. May made important contributions to the
leaders’ debates of 2008;
(q) The Green Party of Canada received 6.8% of the vote in the most recent federal
election, the election of 2008;
(r) The combined votes for all the other registered political parties in the election of
2008 other than those invited to participate in the present leaders’ debate and the
Green Party of Canada is less than one percent;
(s) It is the consensus of academic specialists on the subject that the televised leaders’
debates are the most important events in the Canadian election campaign. No
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other campaign event comes close to the leaders’ debates in gaining a high level
of voter interest;
(t) Participation in the leaders’ debates legitimises the participants; exclusion from
the debates tends to relegate non-participants to the fringes of the campaign;
(u) It distorts the electoral process to allow the Consortium to decide on an arbitrary
basis who will participate in leaders’ debates. To ensure the fairness in elections
that is required by democracy, it is essential that such decisions be made on a
principled basis;
(v) Section 3 of the Canadian Charter of Rights and Freedoms requires an equitable
allocation of broadcast time;
(w) The effect of participation in leaders’ debates is so significant that it would be
extremely difficult to give equitable coverage to a political party whose leader did
not participate;
(x) It is extremely likely that the number of votes that Green Party candidates receive
would be significantly increased by the participation of their leader in the leaders’
debates. While it is hard to quantify the likely effect of participation, it is clear
that it would probably result in thousands of additional votes;
(y) Each federally registered political party that gets 2% or more of the national vote
receives $1.75 per vote, indexed to inflation. Therefore, the number of votes a
party gets is significant independent of whether their candidate is elected;
(z) Section 3 of the Canadian Charter of Rights and Freedoms;
(aa) Sections 3 and 10 of the Broadcasting Act, S.C. 1991, c. 11;
(bb) Section 8 of the Television Broadcasting Regulations, 1987;
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(cc) Section 28 of the Federal Court Act, R.S.C. 1985, c. F-7; and
(dd) Such other grounds as counsel may advise and this Honourable Court may permit.
This application will be supported by the following material:
(a) The Affidavit of Elizabeth May and exhibits thereto, to be filed;
(b) The Affidavit of Frederick Fletcher and exhibits thereto, to be filed;
(c) Broadcasting Information Bulletin CRTC 2011-218;
(d) Public Notice CRTC 1995-44; and
(e) Such other documents as counsel may advise and this Honourable Court may
permit.
Dated at Toronto, Ontario this 31st day of March, 2011
____________________________________
ROACH, SCHWARTZ & ASSOCIATESBarristers & Solicitors688 St. Clair Avenue WestToronto, ON M6C 1B1
Peter Rosenthal LSUC #33044OTel: 416-657-1465Fax: 416-657-1511
Reni ChangTel: 416-657-1465Fax: 416-657-1511
Counsel for the Applicant
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