The Federal Court of Appeal struck down the Wholesale Code? Not so fast

ON MONDAY, WE described a Federal Court of Appeal decision as one that strikes down the CRTC’s TV Wholesale Code.Bell Canada had appealed the Code to the Court, saying the way it was implemented fell outside the CRTC’s jurisdiction – and in its decision released Monday the Court agreed with Bell, saying the Commission had no authority under section 9(1)(h) of the Broadcasting Act to meddle in private carriage contracts the way the Wholesale Code mandates.The decision seemed to us to be the end of that Code – and we were bolstered in that view when we heard from an...