By Denis Carmel
OTTAWA – On Friday, CBC/Radio-Canada (SRC) filed its motion to appeal the CRTC’s decision on the use of the N-word on air in the Federal Court of Appeal.
As indicated recently, the SRC decided to appeal the CRTC’s decision to force it to apologize for the on-air use of the N-word back in 2020 and show how it will ensure similar incidents do not happen in the future. The public broadcaster also requested the court grant it a stay of the CRTC decision until the court rules on the appeal.
The SRC is arguing the CRTC exceeded its jurisdiction when it exercised control of SRC’s content by virtue of Section 3 of the Broadcasting Act, that the CRTC conferred onto itself a discretionary power without considering all the applicable legal standards, and that the CRTC errs in law by omitting consideration of the Charter of Rights.
Since the Commission’s decision is in place as of July 29, the SRC considers the application of the decision should be suspended.
It argues the question is serious, that the SRC would suffer irreparable harm and that the balance of inconvenience would favour the SRC.
On the irreparable harm point, it argues that “In matters of fundamental freedoms, a restriction on freedom of expression constitutes an irreparable harm in itself. Controlling what can be said on the air by the SRC under legislation that does not give it jurisdiction, is a prejudice that jurisdiction that cannot be remedied by an eventual reversal on appeal,” reads the motion, which was filed in French (and translated by the reporter).
In terms of the odds of getting a leave notwithstanding the type of case, the court indicated to Cartt.ca in an email that “in 2021, of the 16 applications for leave to appeal that were filed: 4 were granted, 10 were dismissed and 2 are stayed. For 2022, of the 5 applications that have been filed so far: 0 have been granted, 3 have been dismissed and 2 are pending.”
The timelines are at the discretion of the court.
