Weekly News (Dec. 11th-17th)

Communications Governance in the News

Compiled by Charnjot Shokar

Research Assistant, Networked Communications Governance Lab

M.A. Candidate, Communication and New Media, McMaster University

Canadian News: Dec. 11-17, 2017

International News: Dec. 11-17, 2017

Press Releases and Decisions: Dec. 11-17, 2017

Supreme Court of Canada

  • News Release:
  • Judgements in leave to appeal
    • [PRIVACY] Sean Patrick Mills v. Her Majesty the Queen (N.L.) (Criminal) (By Leave) (37518): Charter — Criminal law — Search and seizure — Standing to challenge — Whether accused had reasonable expectation of privacy in emails sent to fictitious on-line personae and surreptitiously captured using a screenshot program by recipient undercover police officers — Whether accused has standing to challenge legality of search and seizure. The application for leave to appeal is granted.
    • [ACCESS TO INFORMATION] Kyla Lee et al. v. Attorney General of British Columbia (B.C.) (Civil) (By Leave) (37735)access to information — Solicitor-client privilege — Email communications between government lawyer and employees of government agency inadvertently disclosed in response to access to information request — Chambers judge held that majority of pages inadvertently disclosed constituted privileged legal advice, that privilege over them had not been waived, but that remaining pages were not privileged — Court of Appeal allowed appeal and varied chambers judge’s order to apply to all pages inadvertently disclosed. The application for leave to appeal is dismissed with costs.
    • [PRIVACY] Thomas Reeves v. Her Majesty the Queen (Ont.) (Criminal) (By Leave) (37676) Charter of Rights  – Criminal law – Search and seizure – Consent – Where a person shares a home and its contents with others, can the state rely upon the consent of a third-party co-resident to justify a warrantless search and seizure under s. 8  of the Charter  as against the person whose consent has not been obtained – Whether a person’s reasonable expectation of privacy under s. 8  of the Charter  includes a “risk analysis” of whether the person should reasonably expect that a third party with whom he or she shares a home may become adverse to his or her interests and consent to police entry to seize property from the home, and that it would be open to agents of the state to do so without prior judicial authorization, or any other legal authority – Canadian Charter of Rights and Freedoms, s. 8 . The application for leave to appeal is granted.
    • [PRIVACY] Diana Michelle Daniella Hordo v. State Farm Mutual Automobile Insurance Company (A United States of America Illinois Registered Mutual Insurer) et al. (Ont.) (Civil) (By Leave) (37650) Charter of Rights  – Fundamental justice – Privacy – Judgments and orders – Interlocutory order – Applicant claiming that her private medical information provided by her to her insurer was wrongly transmitted to persons outside of Ontario without her knowledge or consent – Applicant seeking declarations against respondents – Whether lower courts erred in law in dismissing application. The motion for an extension of time to serve and file the application for leave to appeal is dismissed. In any event, had such motion been granted, the application for leave to appeal and all related motions would have been dismissed with costs.
    • [PRIVACY] Michel Ledoux c. Sa Majesté la Reine (Qc) (Criminelle) (Autorisation) (37779) Criminal law — Interception of private communications — Director of police force wiretapping certain rooms in police station in response to being harassed — Self‑defence — Whether Court of Appeal erred in concluding that defence raised by applicant was defence of mistake of law, not mistake of fact — Whether Court of Appeal erred in concluding that trial judge had erred in law by leaving self‑defence to jury. An oral hearing of the application for leave to appeal is ordered in accordance with s. 43(1.2)  of the Supreme Court Act, R.S.C., 1985, c. S-26 . The hearing date will be fixed by the Registrar.)
    • [INTERNET REGULATION] Her Majesty the Queen v. Douglas Morrison (Ont.) (Criminal) (By Leave) (37687) Canadian charter (Criminal) – Constitutional law, Criminal law, Right to life, liberty and security of person – Charter of Rights – Constitutional law – Criminal law – Right to life, liberty and security of the person – Right to a fair hearing – Cruel and unusual punishment – Sentencing – Child luring – Whether the Court of Appeal erred in finding that the presumption of belief in age in s. 172.1(3) of the Criminal Code, R.S.C. c. C-46 infringes the right to be presumed innocent under s. 11(d) of the Charter – In the alternative, if there is a s.11(d) Charter infringement, did the Court of Appeal err in finding that it is not justified under s. 1 of the Charter – Whether the Court of Appeal erred in declaring the mandatory minimum sentence of one year under s. 172.1 (2)(a) of the Criminal Code to be of no force or effect as infringing the right not to be subjected to cruel and unusual punishment under s. 12 of the Charter – Whether the Court of Appeal erred in finding that the reasonable steps requirement in s. 172.1(4) of the Criminal Code did not infringe the right to life, liberty and security of the person under s. 7 of the Charter – Charter of Rights, ss. 1, 7, 11(d), 12; Constitution Act, 1982, s. 52(1). The motion to appoint an amicus curiae is granted. The application for leave to appeal and the application for leave to cross-appeal are granted.

Canadian House of Commons

CRTC

  • [BROADCASTING] Broadcasting Decision CRTC 2017-449: Ethnic Channels Group Limited – Across Canada – APPROVED – Application to add INSIGHT UHD, a non-Canadian English-language service, to the List of non-Canadian programming services and stations authorized for distribution
  • [BROADCASTING] Broadcasting Decision CRTC 2017-447: Wightman Telecom Ltd. – The province of Ontario – APPROVED – Request to revoke the broadcasting licence for the regional terrestrial pay-per-viewservice
  • [BROADCASTING] Broadcasting Decision CRTC 2017-446: Canal Savoir – Montréal, Quebec – RENEWED – Broadcasting licence for the television station CFTU-TV Montréal from 1 September 2018 to 31 August 2019
  • [BROADCASTING] Broadcasting Decision CRTC 2017-444: Canadian Broadcasting Corporation – Edmonton and Grande Prairie, Alberta – APPROVED – Application to amend the broadcasting licence for the French-language radio station CHFA-10-FM Edmonton
  • [BROADCASTING] Broadcasting Decision CRTC 2017-443: Bell Media Inc. – Dawson Creek, Fort St. John, Smithers and Terrace, British Columbia – APPROVED – Applications to amend the broadcasting licences for the television stations CJDC-TV Dawson Creek and CFTK-TV Terrace, British Columbia
  • [BROADCASTING] Broadcasting Decision CRTC 2017-440: Ethnic Channels Group Limited – Across Canada – APPROVED – Request to revoke the broadcasting licence for the national, niche third-language ethnic specialty Category B service Zee Cinema Canada
  • [TELECOM] Telecom Order CRTC 2017-448: Streamlined Order – The Commission approves on a final basis the following tariff applications: Bell Canada TN 7546 and TN 7548
  • [TELECOM] Telecom Order CRTC 2017-442: Streamlined order – The Commission approves on an interim basis the following tariff applications: 9315-1884 Québec inc. (formerly La Cie de Téléphone de Courcelles inc.) TN 46; 9315-1884 Québec inc. (formerly La Compagnie de Téléphone de Lambton inc.) TN 62; Saskatchewan Telecommunications TNs 343, 343A and 343B
  • [TELECOM] Telecom Order CRTC 2017-441: Streamlined Order – The Commission approves the following tariff application: TN 82 Téléphone Milot inc.

Canadian Intellectual Property Office

Innovation, Science and Economic Development Canada

Microsoft

Facebook

Upcoming Events: Dec. 18-24, 2017

Senate of Canada

Canadian House of Commons

  • No planned House of Commons sitting days this week; House reconvenes on Jan. 29

Supreme Court of Canada

  • The Supreme Court of Canada announced today that judgment in the following applications for leave to appeal will be delivered at 9:45 a.m. ESTon Thursday, December 21, 2017. This list is subject to change.
    • [FREEDOM OF EXPRESSION] Madelaine Drolet-Savoie c. Tribunal des professions et autres (Qc) (Civile) (Autorisation) (37666) Canadian Charter of Rights and Freedoms  – Freedom of expression –Administrative law – Judicial review – Standard of review – Law of professions – Discipline – Barristers and solicitors – What is the standard of review for a disciplinary condemnation for remarks by a lawyer critical of a court which are neither vehement nor impolite? – What is the role of the lawyer with respect to bringing to the public’s attention perceived flaws in the system of justice or the court? – Is it reasonable to require that critical remarks by lawyers be “constructive” or “effective”?
    • [COMMUNICATIONS PRIVILEGE] David Joseph Douglas v. Her Majesty the Queen (Man.) (Criminal) (By Leave) (37700) Charter of Rights  – Criminal – Search and Seizure – Remedy – RMCP executing search warrants – Whether property seized was subject to solicitor-client privilege – Whether the Court of Appeal erred in law in upholding the dismissal of the applicant’s application for an order to quash search warrants issued for the applicant’s legal correspondence, for an order returning the property seized pursuant to the warrants and for a judicial stay of proceedings pursuant to ss. 8  and 24(1)  of the Canadian Charter of Rights and Freedoms , and in particular by granting the applicant a remedy that was neither just nor appropriate in the circumstances – ss. 8 , 24(2)  of the Charter .

CRTC

  • Anticipated releases for the week of 18 to 20 December, 2017
    • Broadcasting Decisions
      • Application by Ethnic Channels Group Limitedto add 360tunebox to the List of non-Canadian programming services and stations authorized for distribution
      • Application by Dufferin Communications Inc.to renew the broadcasting licence for the English-language commercial radio station CIDC-FM Orangeville
      • Application by T. Productions Ltd.to renew the broadcasting licence for the commercial ethnic AM radio station CJRJ Vancouver
      • Application by Videotron Ltd.for authority to acquire the assets of Videotron G.P. as part of a corporate reorganization
    • Telecom Decisions
      • Bell Canada – Application to review and vary Telecom Decision 2016-379 regarding the implementation of an outside meet-me point for disaggregated wholesale high-speed access service
        File numbers: 8662-B2-201612391and Bell Canada Tariff Notice 7524
      • Application to review and vary the Commission’s 30 May 2017 letter decision denying certain telecommunications carriers’ request to suspend the City of Calgary’s application regarding municipal access
        Public record: 8662-T66-201705534
      • Application to review and vary a procedural decision regarding the suspension of the City of Gatineau’s application to approve a Municipal Access Agreement
        Public record: 8662-Q15-201705097
      • Rogers Communications Canada Inc. – Allegation of traffic stimulation by Iris Technologies Inc. and Iristel Inc.
        Public record: 8622-R28-201611781
      • Bell Canada and Northwestel Inc. – Request for implementation of a traffic stimulation regulatory framework
        Public record: 8622-B2-201700469
    • Open Consultations
      • [BROADCAST POLICY] Broadcasting notice of consultation 2017-359-2
        Call for comments on the Governor in Council’s request for a report on future programming distribution models – Second phase of comments – Deadline for second phase of comments: 31 January 2018
  • [BROADCASTING] Broadcasting Notice of Consultation CRTC 2017-429: Notice of applications received Reconsideration of the decisions relating to the licence renewals for the television services of large English-language private ownership groups – Deadline for submission of interventions/comments/answers 23 January 2018
  • [BROADCASTING] Broadcasting Notice of Consultation CRTC 2017-428: Notice of applications received Reconsideration of the decisions relating to the licence renewals for the television services of large French-language private ownership groups – Deadline for submission of interventions/comments/answers 23 January 2018
  • [TELECOM] Compliance and Enforcement and Telecom Notice of Consultation CRTC 2017-405: Call for comments on the implementation of universal blocking of calls with blatantly illegitimate caller identification – Deadline for submission of interventions 18 December 2017
  • [TELECOM] Telecom Notice of Consultation CRTC 2017-450: Call for comments – Review of the reseller registration obligation – Deadline for submission of interventions: 30 January 2018
  • Upcoming hearings:
    • January 16, 2017- Gatineau, Quebec: To consider the establishment of a regulatory framework for next-generation 9 1-1 in Canada. Telecom Notice of Consultation CRTC2016-116 View hearing documents (2016-116)

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