Court of Appeal of Quebec

Denis c. Côté

April 12, 2018


Dutil, Bich, Ruel

Application to dismiss appeal. Allowed. Application to stay execution of a judgment of the Superior Court. Dismissed.

The applicant asked for the dismissal of an appeal from a Superior Court judgment allowing, in part, an appeal from a Court of Quebec decision that had refused to order the disclosure of journalistic sources and had cancelled the subpoenas of two journalists. The Superior Court had then ordered the partial disclosure of the sources of one of the journalists. The applicant claimed that there was no right of appeal, while the respondent sought a stay of execution of the Superior Court judgment.

The application to dismiss the appeal is well founded. The right of appeal is statutory as well as exceptional and, as explained in Kourtessis v. M.R.N. (S.C. Can., 1993-04-22), SOQUIJ AZ-93111050, J.E. 93-836, [1993] 2 S.C.R. 53, an appellate court does not have inherent jurisdiction. Indeed, only one level of appeal is provided for under s. 39.1 (10) of the Canada Evidence Act, R.S.C. 1985, c. C-5, and the level varies depending on the identity of the court, body or person initially seized and who must decide the matter, during which the disputed information may be disclosed. In this case, the Superior Court acted as an appellate court and, according to the Act, no other right of appeal was provided. Moreover, it is well established that, in the interest of the fair administration of justice, interlocutory decisions or judgments generally may not be appealed as of right. Further, the Court does not have jurisdiction to rule on the application for a stay order and it must be dismissed.

*Summary by SOQUIJ
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