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Capital Cities Communications Inc v Canadian Radio Television Commission

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Citations
  
[1978] 2 S.C.R. 141

Capital Cities Communications Inc v Canadian Radio-Television Commission

Prior history
  
Appeal from Federal Court of Appeal

Majority
  
Laskin C.J., joined by Martland, Judson, Ritchie, Spence and Dickson JJ.

Dissent
  
Pigeon J., joined by Beetz and de Grandpré JJ.

Capital Cities Communications v. CRTC (1977), [1978] 2 S.C.R. 141 is a Supreme Court of Canada decision on the legislative jurisdiction of cable television. Chief Justice Laskin, writing for the majority of the Court, held that all television, even where exclusively produced and distributed within the province, fell within the definition of a federal undertaking under section 92(10)(a) of the Constitution Act, 1867.

Rogers Cable provided a subscription service for American television programs. The Canadian Radio-television and Telecommunications Commission (CRTC), a federal regulatory agency, required television broadcasters such as Rogers to remove the commercials from American television feeds and replace them with Canadian ads.

The issue before the Court was whether the federal government had legislative jurisdiction over the content of cable television.

Laskin held that both cable and broadcast television were both within the jurisdiction of the federal government.

This decision was released along with the accompanying case Dionne v. Quebec (Public Service Board) [1978] 2 S.C.R. 191.

References

Capital Cities Communications Inc v Canadian Radio-Television Commission Wikipedia