GATINEAU – The CRTC says it’s “pleased” that the Federal Court of Appeal has upheld the commission’s decision not to renew the broadcasting licence of CHOI-FM in Quebec City.
“This is an important decision for Canadians,” says CRTC Chair Charles Dalfen. “It confirms the CRTC’s approach in protecting Canadians against abusive comments and personal attacks on the airwaves.”
The Federal Court yesterday denied CHOI’s appeal of the commission’s decision, saying the CRTC correctly applied the principles of natural justice and procedural fairness in arriving at its decision.
CHOI was under scrutiny for comments made by former host Jeff Fillion. In its decision not to renew the station’s licence, the commission stated, “In carrying out its mandate, the Commission has recognized the importance of the principle of freedom of expression, which both protects those who express their views and those who hear them. The freedom of expression of broadcasters is thus counterbalanced by the right of listeners to programming that complies with the Act and associated regulatory requirements. In the Commission’s view, remarks which are abusive and that risk exposing an individual or a group to contempt or hatred contravene the objectives of the broadcasting policy for Canada set out in section 3(1) of the Act.”
In his judgement, Mr. Justice Gilles Létourneau addressed the issue of freedom of speech. “The appellant makes much of the guarantee of freedom of expression in paragraph 2(b) of the Charter and seems to want to treat it as unqualified, something that the courts have never recognized. I do not think I am mistaken in saying that freedom of expression, freedom of opinion and freedom of speech do not mean freedom of defamation, freedom of oppression and freedom of opprobrium.”
CHOI has vowed to appeal the federal court’s decision to the Supreme Court of Canada.
