Canadian Broadcasting League v. CRTC
- Citation
- [1985] 1 SCR 174
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Supreme Court of Canada
- Decision
- 27 March 1985
- Posture
- Appeal / Final Appeal to the Supreme Court of Canada From the Federal Court of Appeal
- Language
- English
More details
- Court
- Supreme Court of Canada
- Decision
- 27 March 1985
- Posture
- Appeal / Final Appeal to the Supreme Court of Canada From the Federal Court of Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The CRTC had authority, by necessary implication to further the policy objectives of s.3 of the Broadcasting Act, to approve amendments to cable broadcasting licences increasing installation fees and maximum monthly fees; the Federal Court of Appeal did not err in law and the appeals are dismissed.
Court disposition
Appeals dismissed
Orders
- Appeals dismissed
- No order as to costs
02
Material facts
Parties
Canadian Broadcasting League
Appellant Counsel: Andrew J. RomanCanadian Radio-television and Telecommunications Commission
Respondent Counsel: Avrum CohenCanadian Cablesystems (Ontario) Limited
RespondentKingston Cable T.V. Limited
Respondent03
Procedural history
Posture
Appeal / Final Appeal to the Supreme Court of Canada From the Federal Court of Appeal
04
Questions and positions
Legal issues
- 01
Whether the CRTC was authorized by statute or regulation to approve an amendment to cable television broadcasting licences increasing installation and maximum monthly fees
- 02
Whether the authority to fix such fees exists by necessary implication to further the policy objectives of s.3 of the Broadcasting Act
- 03
Whether the Federal Court of Appeal erred in law in its review
Party arguments
- Applicant
- The appellant argued that the CRTC lacked statutory or regulatory authority to approve amendments increasing installation charges and maximum monthly fees and that such power could not be read into the statute.
- Respondent
- The respondent CRTC argued that authority to approve such fee amendments is implied as necessary to carry out the Broadcasting Act's policy objectives, particularly s.3, and that its decision was within its jurisdiction and not erroneous in law.
05
Court’s reasoning
Legal principles
- 01
Administrative law principle and applied to Broadcasting Act s.3
Administrative bodies possess implied powers necessary to effect statutory objectives when such powers are reasonably and necessarily incidental to their statutory mandate
- 02
Broadcasting Act s.3 and judicial interpretation in this decision
Statutory interpretation permits necessary implication of authority where required to give effect to policy objectives set out in the statute
06
Ratio, limits and disposition
Ratio decidendi
The CRTC had authority, by necessary implication to further the policy objectives of s.3 of the Broadcasting Act, to approve amendments to cable broadcasting licences increasing installation fees and maximum monthly fees; the Federal Court of Appeal did not err in law and the appeals are dismissed.
Obiter and limits
- The Court delivered its judgment orally
- The Court declined to make any order as to costs
Court disposition
Appeals dismissed
- Appeals dismissed
- No order as to costs
Source and reliance status
Supreme Court of Canada · 27 March 1985
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court of Canada
Judgment· 27 March 1985
Canadian Broadcasting League v. CRTC Collection Supreme Court Judgments Date 1985-03-27 Report [1985] 1 SCR 174 Case number 17366, 17367 Judges Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; McIntyre, William Rogers; Chouinard, Julien; Lamer, Antonio; Wilson, Bertha On appeal from Federal Court of Appeal Subjects Communications law Notes SCC Case Information: 17367, 17366 Decision Content Canadian Broadcasting League v. CRTC, [1985] 1 S.C.R. 174 The Canadian Broadcasting League Appellant; and The Canadian Radio-television and Telecommunications Commission and Canadian Cablesystems (Ontario) Limited Respondents; and between The Canadian Broadcasting League Appellant; and The Canadian Radio-television and Telecommunications Commission and Kingston Cable T.V. Limited Respondents. File Nos.: 17366 and 17367. 1985: March 27. Present: Dickson C.J. and Beetz, Estey, McIntyre, Chouinard, Lamer and Wilson JJ. on appeal from the federal court of appeal Broadcasting ‑‑ Decision of CRTC allowing amendment to cable television broadcasting licence by increasing installation fee and maximum monthly fee to members ‑‑ Whether CRTC authorized by statute or regulation to approve such an amendment ‑‑ Authority to fix fees existing by necessary implication to further policy objectives of s. 3 of the Broadcasting Act. APPEALS from a judgment of the Federal Court of Appeal, [1983] 1 F.C. 182, dismissing an appeal from a decision of the Canadian Radio-television and Telecommunications Commission (1980), 5 C.R.T.
786. Appeals dismissed. Andrew J. Roman, for the appellant. Avrum Cohen, for the respondent Canadian Radio-television and Telecommunications Commission. The judgment of the Court was delivered orally by 1. The Chief Justice -- We have not been persuaded that there was any error in law on the part of the Federal Court of Appeal in these two appeals. The appeals are accordingly dismissed. There will be no order as to costs. Judgment accordingly. Solicitor for the appellant: Andrew J. Roman, Ottawa. Solicitor for the respondent the Canadian Radio-television and Telecommunications Commission: the Canadian Radio-television and Telecommunications Commission, Hull.
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