Cultural groups request to appear in Public Mobile’s Federal Court challenge

A coalition of cultural groups is requesting to intervene in support of Public Mobile’s Federal Court challenge of the government’s decision on Globalive Communications Corp., arguing that the law must be applied fairly and "in a manner that is consistent with the Act." On March 19, 2010, the Alliance of Canadian Cinema, Television and Radio Artists (ACTRA), the Friends of Canadian Broadcasting, and the Communications, Energy and Paperworkers Union of Canada (CEP) served a joint motion with the court, requesting intervener status to offer oral and written submissions. In January Public Mobile filed an application for judicial review of a Conservative government decision that allowed new wireless entrant Globalive to operate in Canada, despite a previous CRTC ruling that found the company did not meet foreign ownership requirements. The case pits Public Mobile against the government and is drawing involvement from Globalive, Bell Canada, Rogers Communications Inc., Shaw Communications Inc. and Telus Corp. The coalition of cultural groups and the CEP has asked for two hours to make its arguments before the court. “This case raises issues of broad public interest and importance relating to the objects and purposes of the Act which affirm the essential role that telecommunications play in maintaining Canada’s identity and sovereignty,” the interveners wrote in their notice of motion. “The interests and perspective of the Moving Parties are distinct from those of the other parties. While they share the concern that the Governor in Council has, in effect, excused Globalive from meeting certain requirements of the Act and impermissibly reversed findings of fact made by the CRTC, the will argue that the foreign ownership restrictions of the Act must not only be applied fairly, but must also be applied in a manner that is consistent with the objects and purposes of the Act.” The coalition's legal counsel, Steven Shrybman, a partner at Sack Goldblatt Mitchell LLP, said the case's potential impact on the government's intent to open the foreign ownership restrictions will ultimately depend on the judge's ruling. "The court might well say something that will influence the view of parliamentarians," he said. The Federal Court has not set a hearing date. The court has temporarily dismissed the group's request to intervene, but the coalition can re-apply after other parties submit their arguments about how the court case should proceed. Friends of Broadcasting spokesman Ian Morrison said the coalition is now considering reapplying for intervener status. "As I understand the decision, the Court found that cultural arguments are relevant to the case, but that it was premature to consider our petition as various legal arguments by the parties have yet to be submitted," he told The Wire Report by email. "We are in a position to re-petition thereafter. We were pleased that the Court appeared to reject the Attorney General's contention that matters of Canadian identity and culture are not relevant to the issue." It remains unclear whether the court will allow the motion. Globalive, Telus and Public Mobile have not supported the coalition’s request to participate in the proceedings. kfournier@thewirereport.ca ---- NOTE: This story has been updated from its original version published April 12, 2010.

Cultural groups request to appear in Public Mobile’s Federal Court challenge

Broadcast | April 12, 2010

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