Supreme Court agrees to hear case from Bell, NFL on Super Bowl ads

Bell Canada, National Football League appeal CRTC ruling that exempted American ads on Canadian TVs

The Supreme Court of Canada is going to play referee to help resolve the question of whether Canadians should be able to watch big-budget American commercials during the Super Bowl.

The court said Thursday it will hear appeals from Bell Canada and the National Football League over a CRTC ruling that exempted the football championship from normal practice in which Canadian ads are substituted for U.S. ones on Canadian TV.

To many Canadian fans, the highly anticipated Super Bowl commercials are considered part of the entertainment of the championship broadcast and for years there were complaints about missing them. Many turned to watching them online.

In 2016, the broadcast regulator decided that in the case of the Super Bowl, substitution was not in the public interest and excluded the game from the normal TV practice.

Bell has an exclusive licence from the NFL to broadcast the Super Bowl in Canada. It recovers the costs of that licence by selling ad time to Canadian businesses to be inserted into the Super Bowl broadcast on both Canadian and American stations.

The company said the CRTC decision cost it viewers, not to mention millions in revenue.

It argued — along with the league — that the CRTC order conflicted with Canadian broadcasting policy and regulations, targeted a specific program and violated the Copyright Act.

In a December judgment against Bell and the NFL, Justice David Near of the Federal Court of Appeal found there was ”a certain irony” that legislation aimed at protecting Canada’s broadcasting industry was used to allow for American ads, to the apparent detriment of the industry.

“But there are numerous disparate objectives set out in the Broadcasting Act and Parliament intended that the CRTC decide how best to balance competing policy objectives related to broadcasting in Canada,” Near wrote.

“It is not for the court to engage in weighing these competing policy objectives and substituting its own view in deciding which policy objectives should be pursued.”

Bell said in a statement it is pleased that the Supreme Court will hear the appeal: “We look forward to advancing our argument that a broad range of Canadian creators, producers, advertisers and businesses have been negatively impacted by the original decision.”

In deciding to hear the case, the Supreme Court said the issue goes beyond Super Bowl TV ads and provides an opportunity to consider how the courts may review actions by administrative bodies like the CRTC.

It invited Bell and the NFL to devote “a substantial part” of their arguments to the question of what standard applies to judicial review of rulings by these agencies.

The court will hear the case along with a government appeal on whether the Toronto-born sons of Russian spies are actually Canadian citizens. The issues are linked by the judicial review question.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Editorial: Actions speak louder than (Facebook) words

When Facebook first made its mainstream debut on the web, it was… Continue reading

B.C. drivers are being urged to Shift Into Winter

Prepare yourselves and your vehicles for winter driving

Letter: who does supply management benefit?

Editor, Supply management was created in the 1960’s by farmers and government… Continue reading

Quesnel Fire Department member receives service award

Brian Menzies has been with the department for 20 years

Column: 2018 could be a record year for Douglas fir seed production

Columnist Jim Hilton tries his hand a fir-cone picking

Secret supper clubs test appetite for cannabis-infused food ahead of legalization

Chefs are eagerly awaiting pot edibles to become legal in Canada

Enbridge to begin building road to access pipeline explosion site in B.C.

An explosion Tuesday knocked out a 91-centimetre line

Andrew Scheer on revamped NAFTA deal: ‘I would have signed a better one’

Conservative leader says he wouldn’t have signed USMCA

Matheson will have NHL hearing after Canucks rookie Pettersson hit

The 19-year-old Swedish centre appeared woozy after the hit

GUEST COLUMN: A better way to manage B.C.’s public construction

Claire Trevena responds to Andrew Wilkinson on NDP union policy

B.C. brewery creates bread beer from food waste

The brew aims to raise food waste awareness and provide funds for the food bank

Dad files Charter challenge after B.C. bans kids from taking transit unsupervised

Adrian Crook is taking his fight to B.C. Supreme Court

B.C. VIEWS: Cast your municipal vote for sanity on homelessness

Thousands on waiting list while anti-capitalist bullies get priority

Police investigate alleged arson at Toronto hotel housing asylum seekers

Police believe the fire was started intentionally, but they have not spelled out a possible motive

Most Read