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

Quesnel’s Interclub Gymnastics team swings, spins and shimmies to wins in Prince George

Interclub puts focus on performance, says program co-ordinator Elizabeth Floyd

Partners for Healthier Communities: North Cariboo seeking proposals for local food security projects

Groups with ideas or projects that promote healthy eating and food security are encouraged to apply

A quacking good time on Dragon Lake

Mother’s day paddle was excellent exercise and an informative journey

Letter: climate advocates meet with Donna Barnett and Coralee Oakes

A B.C. group travelled to Victoria to lobby for climate action

Liquor licence to be pursued for West Fraser Centre

North Cariboo Joint Planning Committee voted unanimously to obtain liquor licence for Quesnel’s WFC

Vancouver Island girl scores with winning song for BC Summer Games

‘Colours’ is a perfect theme for 2018 BC Summer Games

Feds limit chinook fishery to help killer whale recovery

Chinook is main food source for only 76 southern residents killer whales left

B.C. mom who died just before daughter’s wedding wanted family to be happy: twin

Ann Wittenberg was pulled into the ocean while on a surf board in Tofino last weekend

Courtenay-Alberni MP calls for lifeguards at popular surf spot near Tofino

The Pacific Rim National Park Reserve is defending its decision to cancel the surf guard program.

Harvey Weinstein to surrender in sex misconduct probe: officials

Would be first criminal charge against Weinstein since scores of women came forward

Media are not an arm of the police, Vice lawyer tells Supreme Court hearing

Ben Makuch challenges Ontario Court of Appeal ruling that he must give materials for stories to RCMP

B.C. launches plan to tackle doctor shortage, emergency room congestion

John Horgan aims to set up regional primary care networks in a ‘team-based’ approach

Vancouver, Squamish pipeline challenges dismissed by court in B.C.

Justice Christopher Grauer ruled the province’s decision to issue the certificate was reasonable

Early learning programs for Indigenous kids get $30M boost

B.C. government to help expand Aboriginal Head Start Association programs with three-year funding

Most Read