The Canadian Radio-television and Telecommunications Commission (CRTC) exceeded the powers granted to it by law when it blamed Radio-Canada last June for the use of the “word beginning with an N” during a radio program. This is the conclusion reached by the Attorney General of Canada, in theory the defendant of the CRTC in this case appealed by the public broadcaster.
In mid-September, the Federal Court of Appeal had confirmed by a brief notice published on its website that it would hear the challenge of the Canadian Broadcasting Corporation (SRC) of the decision rendered this summer by CRTC.
The hearing date is not specified at this time, but the arguments presented last Tuesday, December 13, by the Attorney General of Canada, leave little room for suspense.
It should be noted that it is up to the Attorney General of Canada, representing Ottawa, to defend federal bodies and agencies, as is the case in this case for the CRTC.
Decision rendered “without jurisdiction”
However, in a decision of more than 100 pages, the Attorney General consents to the cancellation of the decision rendered by the CRTC last July, as requested by the CBC.
Since no provision of the Broadcasting Act allows the CRTC to rule by order, as it did for Radio-Canada, on breaches of content broadcast on the air, its decision was rendered “without jurisdiction”.
In addition, the CRTC has not “addressed the protection that the Act grants to the freedom of expression and journalistic independence of broadcasters,” says the Attorney General of Canada.
“In doing so, they departed from the legal framework surrounding the regulation of content broadcast on the public airwaves, which also constitutes an error of law,” he explains.
The Attorney General also specifies that his position stems from “errors of law and jurisdiction committed by the CRTC” and “in no way trivializes the impact of the use of the ‘n-word’ on the Radio-Canada audience”.
Excuses
Recall that the SRC had to apologize on July 13 after being blamed by the CRTC for the use of the “word beginning with an N” during a radio program in the summer of 2020.
This was then used four times during the segment “News with Simon Jodoin: Are certain ideas becoming taboo? », presented on August 17, 2020 during the show 15-18 on ICI Radio-Canada Première.
Columnist Simon Jodoin and host Annie Desrochers discussed a controversy surrounding Pierre Vallières’ book white niggers of america.