Judgment lock-up procedure
1. Purpose of lock-ups
1.1 The Supreme Court of Canada may, at its discretion, hold lock-ups for media and counsel immediately prior to the release of its judgments. The purpose of lock-ups is to facilitate accurate and informed reporting of the Court’s judgments.
2. Initiation of lock-ups
- 2.1 A media lock-up may be initiated by the Court or granted at the request of the Canadian Parliamentary Press Gallery. A request by the Canadian Parliamentary Press Gallery must be made in writing to the Registrar shortly following the hearing of an appeal, if not before.
- 2.2 Whenever a media lock-up is held, a separate and simultaneous lock-up for counsel will be held.
3. Who may attend
- 3.1 Only media representatives accredited by the Canadian Parliamentary Press Gallery, including those holding temporary credentials, may attend a media lock-up.
- 3.2 Only counsel of record for the appellant(s), respondent(s) and any intervener(s) in the appeal, and/or their agents, may attend a counsel lock-up.
4. Notice of lock-ups
- 4.1 Notice of media and counsel lock-ups will be given in advance of the news release announcing when a judgment in an appeal will be released.
- 4.2 Counsel wishing to attend a lock-up must confirm their attendance with the Registry at least 3 days before the scheduled date, by completing and sending the undertaking that accompanies the notice of lock-up.
- 4.3 Media representatives accredited by the Canadian Parliamentary Press Gallery wishing to attend a lock-up must confirm their attendance with the Supreme Court of Canada media contact at least 3 days before the scheduled date, by completing and sending the undertaking that accompanies the notice of lock-up.
5. Pre-briefing for the media
At its discretion, the Court may hold a pre-briefing for the media, normally 1 or 2 days before the media lock-up. The pre-briefing will cover the facts, lower court decisions, and arguments of the parties. The Canadian Parliamentary Press Gallery will be advised of the date and time of the pre-briefing in the notice of media lock-up.
6. Procedure on the day of the in-person lock-up
- 6.1 The media and counsel lock-ups will start at the same time, normally 8:15 am Eastern time. Participants must attend the Supreme Court of Canada building no later than 7:45 am Eastern time.
- 6.2 The media lock-up will be conducted in the Court’s press room. The counsel lock-up will be conducted in another room to be designated at the Court.
- 6.3 Before entering the lock-up, attendees must have submitted their signed undertaking. No one may attend a lock-up without having done so.
- 6.4 Court staff members will be present at media and counsel lock-ups to verify participants’ identities.
- 6.5 Reasons for judgment will be distributed to attendees at the beginning of the lock-up. Those attending in person will receive both paper and electronic copies (via email) of the reasons for judgment.
- 6.6 At the media lock-up, the Executive Legal Officer, or their designate, will conduct a briefing on the judgment. This briefing is off the record, for information only, and not for attribution. No briefing will be provided at the counsel lock-up.
- 6.7 No one may leave the lock-up until the judgment is released to the public, usually at 9:45 am Eastern time.
- 6.8 The Court will only release 1 judgment on a lock-up day, except in the case of companion appeals.
7. Remote release of judgments
- 7.1 Remote release of judgments is at the Court’s discretion.
- 7.2 In cases where a lock-up will take place, participants may ask to receive the judgment remotely (that is, at a location other than the Court, via email), in lieu of attending the lock-up in person.
- 7.3 As a condition of receiving the judgment remotely, counsel and accredited representatives of the media must give a written undertaking prepared by the Court.
- 7.4 Counsel wishing to attend a counsel lock-up must confirm their attendance with the Registry at least 3 days before the scheduled date, by completing and sending the undertaking that accompanies the notice of lock-up.
- 7.5 Media representatives accredited by the Canadian Parliamentary Press Gallery wishing to attend a lock-up must confirm their attendance with the Supreme Court of Canada media contact at least 3 days before the scheduled date, by completing and sending the undertaking that accompanies the notice of lock-up.
- 7.6 Remote delivery of a judgment to all participants will occur electronically via email at 8:15 am Eastern Time, with protective and other measures that the Court deems appropriate. The embargo period will end only once the Supreme Court of Canada has released the judgment to the public, typically at 9:45 am Eastern Time.
8. Rights of the Court
The Court reserves the right to change its judgment lock-up procedure, to discontinue lock-ups and to refuse any given request for a lock-up.
Inquiries
For more information on lock-ups, please contact:
Counsel inquiries
Supreme Court of Canada Registry
1-844-365-9662
Media inquiries
Stéphanie Bachand
Executive Legal Officer
613-996-9296
Renée Maria Tremblay
Deputy Executive Legal Officer
613-996-4807