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Archive For Entries On Broadcasting

Interpreting the Message in Reference re Broadcasting Act

In a recent reference, the Supreme Court of Canada confirmed that when Internet Service Providers (ISPs) provide consumers with access to “broadcasting” programs through the Internet, they do not carry on “broadcasting undertakings” and are thus not subject to the Broadcasting Act (the “Act”). The Reference re Broadcasting Act, 2012 SCC 4, came about in […]

Greens Leader Elizabeth May Files Court Challenge To Be Included In Leaders’ Debate

Folks, it’s the great debate (pardon the pun) of 2008 all over again. As in 2008, the decision has been made to exclude Green Party leader Elizabeth May from participating in the televised (and widely watched) English and French leaders’ debates, to be held on April 12th and 14th. The decision was made by a […]

But, I Want to Play Too! The Future of WIND Mobile: Public Mobile v AG of Canada Globalive Wireless, Bell Canada, Rogers, Shaw and Telus Communications Companies (Respondents)

A short time ago, in Canada, there were three bungling giants in the telecommunications industry: Bell, Rogers, and Telus. By many accounts, when it came to customer service and satisfaction, each was as bad as the other: they forced customers into non-negotiable and eternal contracts, riddled their bills with unexpected charges, and as a final […]

Bou Malhab v. Diffusion Métromédia: SCC Finds “No Ordinary Person” Would Believe Reputation of “Nigger”-Speaking Arab and Haitian Taxi Drivers Was Damaged. Who is the ordinary person?

The past year has been quite the roller coaster for libel and defamation cases here at TheCourt.ca.  Our Senior Contributing Editor, Tiffany Wong, covered two crucial UK cases here and here, as well as the titillating “Officer Bubbles” story here.  Just over a year ago, the Supreme Court of Canada (“SCC”) also released the landmark […]

Murphy v Football Association Premier League: English Landlady Looks to Score Against Exclusive Sports Broadcasting

On February 3, Juliane Kokott, the German Advocate General at the European Court of Justice (“ECJ”), published her opinion in a watershed case that could significantly impact on entertainment companies who have, until now, guarded exclusive rights to broadcasting live sports events – most notably, “football” (or “soccer”). Though non-binding, Kokott’s official advice to the […]

The Constitutionality of Publication Bans

Yesterday, the Supreme Court of Canada heard two appeals testing the constitutionality of s. 517 (the publication ban provision) of the Criminal Code, RSC, 1985, c C-46. In both cases, the court found that s. 517 infringed the guarantee of freedom of expression under the s. 2(b) of the Charter. Opinions differed, however, as to whether this […]

Courts Hold that Media Corporations Should Prepare for Public Scrutiny

In the past two years, a number of major media acquisitions have transpired in Canada including CTVglobemedia’s purchase of CHUM, CanWest’s purchase of Alliance Atlantis, and Astral Media’s purchase of Standard Broadcasting. In response to this continuous consolidation, various media activist groups have emerged to voice their concerns and dissatisfaction. Among these groups is the […]

Prodding the Court Along on its Journey into the 21st Century

The Supreme Court of Canada has taken big steps in the last year at making its records more accessible and its website more useful. I was reminded of the great potential of these resources last week when I got an email about one of the first questions that new U.S. Supreme Court Justice Sonia Sotomayor […]

Thawed but Still Chilled: Freedom of Expression in the Aftermath of Simpson v. Mair

The Supreme Court’s ruling in Simpson v. Mair, (indexed as WIC Radio v. Simpson 2008 SCC 40) is, without a doubt, a major victory for advocates of freedom of expression. By both clarifying and broadening the scope of the fair comment defence to defamation, Mair is sure to generate a thaw in journalistic expression, especially […]