Canadian Judges Rules The Satellite Law Violates The Canadian Charter Jacques Wins !

[ht2]

This is a new text file of the court ruling that is converted to english. I have edited it so it is alot easier to read. Some translation is a little off ...but very close to original! (wordpad works the best)

[seele]

wow nice thanks jac for fighting i hope there are other people that will continue the fight I really hope this is the stepping stone that will change canada

geez all i want to do is be able to do is sub to DTV thats all

[gunsmoke2]

The decision which was appealed by the crown will be heard tomorrow. Wishing you Jacques continued sucess and hopefully another win from a higher Court ( Quebec Superior Court )



GS2

[megados]

If Jaques wins again, do you think they'll appeal it to the SC?

Fingers crossed, and hoping for a WIN! Kick azz Jaques!

[gunsmoke2]

It would be appealed to the Quebec Court of Appeals next then followed at the SC if it goes there.




GS2

[Dishman mtl]

Good luck Jacques!!

Been a while GS!
Hope all is good with you.

[ht2]

Is there any news ...or when will we know? Any ideas.

[Little_Tizzy]

[QUOTE=ht2]Is there any news ...or when will we know? Any ideas.[/QUOTE]

If it was heard today, the best we can hope for is a report of what arguments were brought before the judge and possibly the reaction of the judge to this and that. It will be a while before we get the decision.

[gunsmoke2]

Dishman mtl not too bad hows everything with you ? Good I hope !



The Judge reserved Judgement so its hard to tell how long as it could be weeks or months til we have a decision. The main arguement on appeal is the Expressor. The Crown argues their can not be Freedom of Expression if the Sender ( DTV ) does not want you to have their signal then theres no expressed right.



However DTV testified at trial and when asked if the RC Act was invalid would they like to do business with Canadians they answered would have to think about it something to that effect. They also testified as an intervenor at the Supreme Court hearing and said they could not get a License to broadcast because of the CRTC ownership regulations again something to that effect but don't quote me. DTV does not have copyrights in Canada they testify to also but when asked if the regulations would permit could they obtain copyrights in Canada and the answer is yes.


So while they do not want Canadians to have their signal when you strip down all the problems and clear the way they can not say they would not entertain it. If Canada and the US would enter into talks regarding agreements between the countries for some shared arrangement for Satellite Boroadcast viewing DTV would not say no way. So will the appeal Judge say the reason DTV does not want Canadians to have their signals is because the RC Act ( which is brought into question as being a violation of the Charter or not ) prohibts them as the original Judge concluded ? have to wait and see. The US commercials on DTV was determined that the advertizers would want Canadians to view their commercials therefore there is no Expressor issue on advertizers that but is not enough by itself IMHO but could be added to the mix. Canadians for Example do not see the US commercials for the Super Bowl from Canadian Broadcasters instead see inserted crap.



Its pretty well conceded by the Crown that if the Judge concludes there is a violation on the Charter regarding Freedom of Expression then there is no justification for it regarding section one of the Charter. The idea its Justified for protecting Canadian Culture is out the window as it really is determined its to protect the Financial interests of a Corporation which can not be Justified over indivudual rights.



[quote]1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.[/quote]



[quote]2. Everyone has the following fundamental freedoms:
a) freedom of conscience and religion;
b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
c) freedom of peaceful assembly; and
d) freedom of association[/quote]


Section 2(B) of the Charter above is whats in Question




The decision can go either way just have to wait and see and hope. Jacques said there was no knockout punches by either side just rehashing the same arguements. Apparently the Crown had about 12 Grounds for their Appeal but the Judge instructed them to argue on their two best instead of all of them. They did not go to the afternoon session it was finished by noon.



GS2

[GuitarCrazyo]

To be honest Ordie, I just hate Canadian Politicians. The only Politician I think is worth a good god damn is Joseph Howe and his time was in the late 1860s.