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-Canada
250 Front St. West
Toronto ON
M5V 3G5

CTV Television Network Ltd.

9 Channel Nine Court
Toronto ON
M1S 4B5

Global Television Network Inc.

121 Bloor Street East. – Suite 1500
Toronto ON
M4W 3M5

TVA Group Inc.

1600, boul. De Maisonneuve Est
Montréal QC
H2L 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:

(a) On March 29, 2011, the Canadian Radio-television and Telecommunications

Commission [hereinafter “CRTC”] issued Broadcasting Information Bulletin

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 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.;

(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

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 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

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

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 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;

(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:

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(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 & ASSOCIATES

Barristers & Solicitors
688 St. Clair Avenue West
Toronto, ON M6C 1B1

Peter Rosenthal LSUC #33044O

Tel: 416-657-1465
Fax: 416-657-1511

Reni Chang
Tel: 416-657-1465
Fax: 416-657-1511

Counsel for the Applicant