NOVA SCOTIA COURT OF APPEAL
Citation: Canadian Broadcasting Corporation v. Canada (Attorney General),
2010 NSCA 99
Date: 20101209
Docket: CA 323826
Registry: Halifax
Between:
Canadian Broadcasting Corporation
Appellant
v.
The Attorney General of Canada
Respondent
Judge: The Honourable Justice Peter M. S. Bryson
Appeal Heard: December 6, 2010
Subject: Jurisdiction - Courts
Summary: CBC sought pretrial statements given to RCMP by offender. Offender pleaded guilty to second degree murder and was sentenced based on agreed statement of facts. Pretrial statements not entered into evidence. CBC later applied under Federal Access to Information Act, R.S.C. 1985, c. A-1 for disclosure of statements. Disclosure was refused. CBC had right to apply to Federal Court for judicial review of refusal but did not. Instead, CBC applied to Supreme Court of Nova Scotia. Supreme Court dismissed CBC’s application holding that Federal Court had exclusive jurisdiction.
Issue: Did Supreme Court have jurisdiction to hear CBC’s application?
Result: Appeal dismissed. Supreme Court had no jurisdiction to hear application and did not err in declining to do so.
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