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

Teens youngest members in Fernie SAR history

Desire to help drives Ben Nixon and Josh Goodison to volunteer

Bear sightings prompt call for community action

Elk Valley and South Country residents have been urged to take responsibility… Continue reading

Decision opens door to short-term rentals

The City of Fernie has opened the door to the short-term rental… Continue reading

Fernie businesses go green

Instead of asking if customers need a bag, cashiers will ask if they’re okay without one.

Failing to stop at watercraft inspection station will result in $345 fine

CO Service reminding boaters it is mandatory to stop at watercraft inspection stations

Police release video on how to ‘run, hide, fight’ if there’s an active shooter

Vancouver police offer video with input from E-Comm, BC EHS, Vancouver Fire and Rescue

Study recommends jurors receive more financial and psychological support

Federal justice committee calls for 11 policy changes to mitigate juror stress

Research needed on impact of microplastics on B.C. shellfish industry: study

SFU’s department of biological sciences recommends deeper look into shellfish ingesting microbeads

B.C. dad pens letter urging overhaul of youth health laws after son’s fatal overdose

The Infants Act currently states children under 19 years old may consent to medical treatment on own

Singh sides with B.C. in hornet’s nest of pipeline politics for the NDP

Singh had called for a more thorough environmental review process on the proposal

VIDEO: Campers leave big mess at rural Vancouver Island campsite

Vehicle parts, garbage, a mattress, lawn chairs, beer cans, and even fecal matter left in the area

VIDEO: B.C. woman gets up-close view of Royal wedding

Kelly Samra won a trip back to her home country to see Prince Harry and Meghan Markle say ‘I do’

30 C in B.C., 30 cm of snow expected for eastern Canada

It might be hot in B.C., but the rest of Canada still dealing with cold

Horgan defends fight to both retain and restrict Alberta oil imports

Alberta says pipeline bottlenecks are kneecapping the industry, costing millions of dollars a day

Most Read