Demandes d'autorisation

Informations sur la décision

Contenu de la décision

No. 33888     

 

 

May 5, 2011

 

Le 5 mai 2011

 

 

 

Coram:  McLachlin C.J. and Abella and Cromwell JJ.

 

Coram : La juge en chef McLachlin et les juges Abella et Cromwell

 

 

 

 

BETWEEN:

Province of Alberta as represented by the Minister of Education; Province of British Columbia as represented by the Minister of Education; Province of Manitoba as represented by the Minister of Education, Citizenship and Youth; Province of New Brunswick as represented by the Minister of Education; Province of Newfoundland and Labrador as represented by the Minister of Education; Northwest Territories as represented by the Minister of Education, Culture and Employment; Province of Nova Scotia as represented by the Minister of Education; Territory of Nunavut as represented by the Minister of Education; Province of Ontario as represented by the Minister of Education; Province of Prince Edward Island as represented by the Minister of Education; Province of Saskatchewan as represented by the Minister of Education; Yukon Territory as represented by the Minister of Education; Airy and Sabine District School Area Board; Algoma District School Board; Algonquin and Lakeshore Catholic District School Board; Asquith-Garvey District School Board; Atikokan Roman Catholic Separate School Board; Avon Maitland District School Board; Bloorview MacMillan School Authority; Bluewater District School Board; Brant Haldimand Norfolk Catholic District School Board; Bruce-Grey Catholic District School Board; Campbell Children's School Authority; Caramat District School Area Board; Catholic District School Board of Eastern Ontario; Collins District School Area Board; Connell and Ponsford District School Area Board; Conseil des écoles catholiques du Centre-Est de l'Ontario; Conseil des écoles publiques de l'Est de l'Ontario; Conseil des écoles séparées catholiques de Dubreuilville; Conseil des écoles séparées catholiques de Foleyet; Conseil scolaire de district catholique Centre-Sud; Conseil scolaire de district catholique de l'Est Ontarien; Conseil scolaire de district catholique des Aurores Boréales; Conseil scolaire de district catholique des Grandes Rivières; Conseil scolaire de district catholique du Nouvel-Ontario; Conseil scolaire de district catholique Franco-Nord; Conseil scolaire de district des écoles catholiques de Sud-Ouest; Conseil scolaire de district du Centre Sud-Ouest; Conseil scolaire de district du Grand Nord de l'Ontario; Conseil scolaire de district du Nord-Est de l'Ontario; District School Board of Niagara; District School Board Ontario North East; Dufferin-Peel Catholic District School Board; Durham Catholic District School Board; Durham District School Board; Foleyet District School Area Board; Gogama District School Area Board; Gogama Roman Catholic Separate School Board; Grand Erie District School Board; Greater Essex County District School Board; Halton Catholic District School Board; Halton District School Board;  Hamilton-Wentworth Catholic District School Board; Hamilton-Wentworth District School Board; Hastings & Prince Edward District School Board;, Hornepayne Roman Catholic Separate School Board; Huron Perth Catholic District School Board; Huron-Superior Catholic District School Board; James Bay Lowlands Secondary School Board; Kawartha Pine Ridge District School Board; Keewatin-Patricia District School Board; Kenora Catholic District School Board; Lakehead District School Board; Lambton Kent District School Board; Limestone District School Board; Missarenda District School Area Board; Moose Factory Island District School Area Board; Moosonee District School Area Board; Moosonee Roman Catholic Separate School Board; Murchison and Lyell District School Area Board; Nakina District School Area Board; Near North District School Board; Niagara Catholic District School Board; Niagara Peninsula Children's Centre School Authority; Nipissing-Parry Sound Catholic District School Board; Northeastern Catholic District School Board; Northern District School Area Board;, Northwest Catholic District School Board; Ottawa Children's Treatment Centre School Authority; Ottawa-Carleton Catholic District School Board; Ottawa-Carleton District School Board; Parry Sound Roman Catholic Separate School Board; Peel District School Board; Peterborough Victoria Northumberland and Clarington Catholic District School Board; Rainbow District School Board; Rainy River District School Board; Red Lake Area Combined Roman Catholic Separate School Board; Renfrew County Catholic District School Board; Renfrew County District School Board; Simcoe County District School Board; Simcoe Muskoka Catholic District School Board; St Clair Catholic District School Board; Sudbury Catholic District School Board; Superior North Catholic District School Board; Superior-Greenstone District School Board; Thames Valley District School Board; Thunder Bay Catholic District School Board; Toronto Catholic District School Board; Toronto District School Board; Trillium Lakelands District School Board; Upper Canada District School Board; Upper Grand District School Board; Upsala District School Area Board; Waterloo Catholic District School Board; Waterloo Region District School Board; Wellington Catholic District School Board; Windsor-Essex Catholic District School Board; York Catholic District School Board and York Region District School Board

Applicants

- and -

Canadian Copyright Licensing Agency Operating as “Access Copyright”

 

Respondent

 

ENTRE :

Province d’Alberta, représentée par le ministre de l’Éducation; Province of British Columbia as represented by the Minister of Education; Province of Manitoba as represented by the Minister of Education, Citizenship and Youth; Province of New Brunswick as represented by the Minister of Education; Province of Newfoundland and Labrador as represented by the Minister of Education; Northwest Territories as represented by the Minister of Education, Culture and Employment; Province of Nova Scotia as represented by the Minister of Education; Territory of Nunavut as represented by the Minister of Education; Province of Ontario as represented by the Minister of Education; Province of Prince Edward Island as represented by the Minister of Education; Province of Saskatchewan as represented by the Minister of Education; Yukon Territory as represented by the Minister of Education; Airy and Sabine District School Area Board; Algoma District School Board; Algonquin and Lakeshore Catholic District School Board; Asquith-Garvey District School Board; Atikokan Roman Catholic Separate School Board; Avon Maitland District School Board; Bloorview MacMillan School Authority; Bluewater District School Board; Brant Haldimand Norfolk Catholic District School Board; Bruce-Grey Catholic District School Board; Campbell Children's School Authority; Caramat District School Area Board; Catholic District School Board of Eastern Ontario; Collins District School Area Board; Connell and Ponsford District School Area Board; Conseil des écoles catholiques du Centre-Est de l'Ontario; Conseil des écoles publiques de l'Est de l'Ontario; Conseil des écoles séparées catholiques de Dubreuilville; Conseil des écoles séparées catholiques de Foleyet; Conseil scolaire de district catholique Centre-Sud; Conseil scolaire de district catholique de l'Est Ontarien; Conseil scolaire de district catholique des Aurores Boréales; Conseil scolaire de district catholique des Grandes Rivières; Conseil scolaire de district catholique du Nouvel-Ontario; Conseil scolaire de district catholique Franco-Nord; Conseil scolaire de district des écoles catholiques de Sud-Ouest; Conseil scolaire de district du Centre Sud-Ouest; Conseil scolaire de district du Grand Nord de l'Ontario; Conseil scolaire de district du Nord-Est de l'Ontario; District School Board of Niagara; District School Board Ontario North East; Dufferin-Peel Catholic District School Board; Durham Catholic District School Board; Durham District School Board; Foleyet District School Area Board; Gogama District School Area Board; Gogama Roman Catholic Separate School Board; Grand Erie District School Board; Greater Essex County District School Board; Halton Catholic District School Board; Halton District School Board; Hamilton-Wentworth Catholic District School Board; Hamilton-Wentworth District School Board; Hastings & Prince Edward District School Board; Hornepayne Roman Catholic Separate School Board; Huron Perth Catholic District School Board; Huron-Superior Catholic District School Board; James Bay Lowlands Secondary School Board; Kawartha Pine Ridge District School Board; Keewatin-Patricia District School Board; Kenora Catholic District School Board; Lakehead District School Board; Lambton Kent District School Board; Limestone District School Board; Missarenda District School Area Board; Moose Factory Island District School Area Board; Moosonee District School Area Board; Moosonee Roman Catholic Separate School Board; Murchison and Lyell District School Area Board; Nakina District School Area Board; Near North District School Board; Niagara Catholic District School Board; Niagara Peninsula Children's Centre School Authority; Nipissing-Parry Sound Catholic District School Board; Northeastern Catholic District School Board; Northern District School Area Board; Northwest Catholic District School Board; Ottawa Children's Treatment Centre School Authority; Ottawa-Carleton Catholic District School Board; Ottawa-Carleton District School Board; Parry Sound Roman Catholic Separate School Board; Peel District School Board; Peterborough Victoria Northumberland and Clarington Catholic District School Board; Rainbow District School Board; Rainy River District School Board; Red Lake Area Combined Roman Catholic Separate School Board; Renfrew County Catholic District School Board; Renfrew County District School Board; Simcoe County District School Board; Simcoe Muskoka Catholic District School Board; St Clair Catholic District School Board; Sudbury Catholic District School Board; Superior North Catholic District School Board; Superior-Greenstone District School Board; Thames Valley District School Board; Thunder Bay Catholic District School Board; Toronto Catholic District School Board; Toronto District School Board; Trillium Lakelands District School Board; Upper Canada District School Board; Upper Grand District School Board; Upsala District School Area Board; Waterloo Catholic District School Board; Waterloo Region District School Board; Wellington Catholic District School Board; Windsor-Essex Catholic District School Board; York Catholic District School Board et York Region District School Board

 

 

 

 

Demandeurs

- et -

Canadian Copyright Licensing Agency exerçant ses activités sous l’appellation de « Access Copyright »

Intimée

 

 

 

 

JUDGMENT

 

The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-302-09, 2010 FCA 198, dated July 23, 2010, is granted with costs in the cause.

 

JUGEMENT

 

La demande d’autorisation d’appel de l’arrêt de la Cour d’appel fédérale, numéro A-302-09, 2010 CAF 198, daté du 23 juillet 2010, est accordée avec dépens suivant l’issue de la cause.

 

 

 

 

J.S.C.C.

J.C.S.C.

 Vous allez être redirigé vers la version la plus récente de la loi, qui peut ne pas être la version considérée au moment où le jugement a été rendu.