Posted on 10/29/2004 9:56:35 AM PDT by youngtory
MONTREAL -- Making it illegal for Canadians to subscribe to foreign television channels via satellite infringes on their freedom of expression, a long-awaited judgment concluded Thursday.
The 153-page ruling by Quebec Court Judge Danielle Cote found two sections of the federal Radiocommunication Act dealing with so-called grey-market satellite systems for decoding an encrypted programming signal violate the Canadian Charter of Rights and Freedoms.
"She had to invalidate the law because the law itself was so infringing," said Jacques D'Argy of Drummondville, Que., who sought the court ruling.
D'Argy and his brother-in-law, Richard Theriault, were charged in December 1998 with using the DirecTV satellite system to access U.S. signals.
Cote acquitted them in September 2000 and, in June 2001, Superior Court Justice Jean-Guy Boilard rejected a Crown appeal. But in May 2002, the Quebec Court of Appeal overturned the acquittals and sent the case back to Cote.
That same year, the Supreme Court of Canada declared that anyone selling technology allowing consumers to access encrypted signals from U.S.-based satellite systems is committing a federal offence.
D'Argy, representing himself throughout all the court proceedings, said Thursday he always wondered "Why can I import the New York Times, but not (U.S. television network) Fox?"
He also noted that, at one time, "I could have spent a year in jail for watching the American Congress on C-SPAN. Does that make sense?"
"Isn't that terrific?" exclaimed Alan Gold, a Toronto lawyer who represents several grey-market satellite dealers in Ontario. "I'm delighted, we've been waiting for this decision."
Calling it "very, very important and wonderful news," Gold said it means the federal government will no longer be able to control what Canadians watch on TV.
"This will give people the freedom to pay money and subscribe to the stations they want," he added. "It is the beginning of the end for the systems we now have."
The Coalition Against Satellite Signal Theft -- which is made up of Canadian broadcasting, cable and satellite associations -- is studying Cote's lengthy decision.
"The only thing we know is that it's in favour of the plaintiffs," CASST official Harris Boyd, senior vice-president (industry affairs) at the Canadian Cable Television Association, said from Ottawa.
Francine Robichaud of the federal Justice Department said "lots of questions are raised in that judgment." As a result, the department "will take the time to analyse it in detail before deciding whether or not to appeal."
Cote gave a delay of one year to put her ruling into effect.
(MONTREAL GAZETTE)
Fox heading north...Canada may yet be saved!
Cool. Now they can get gay-MTV (Logos).
Oh, I forgot, they already have an all-gay cable channel in Canada.
FNC might get into Canada yet!
You mean that Canadians could go to jail for watching the NFL (On Directv) and not the CFL on CBC? What a country!!
The level of civil liberties is much lower in Canada, where the inhabitants are fed complete Liberal Party and other socialist propaganda on all media outlets, disguised as news.
"Whose address did you use?" I asked him.
"I was gonna use yours," he said, "but I didn't have it with me when I was filling out the paperwork -- so I just opened up my owner's manual and gave them the U.S. mailing address for General Motors."
> Fox heading north...Canada may yet be saved!
I expect the socialists to decide that Canada now needs
both a jamming and an anti-satellite program.
Because Ottawa has an agenda. and Fox News doesn't support it.
Silly Canuck.
Don't you know the State knows best?
Ping.
Fantastic news - perhaps Canadians will become less liberal now, with Spike and other fine channels ... : )
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