This Article first describes satellite technology and the process by which Canadians access American satellite broadcasts. It then examines the competing issues of preservation of Canadian business and culture, versus the freedom of expression as set forth in section 2(b) of the "Canadian Charter of Rights and Freedoms" (hereinafter "Charter"). Next, the Article considers case law preceding Bell ExpressVu, and presents an examination of the findings of the Supreme Court of Canada in Bell ExpressVu. The Article will then argue that the Supreme Court incorrectly found that there existed no ambiguity in the various interpretations of section 9(l)(c), and that its decision derives from the consideration of broad policy factors affecting satellite signal piracy in general. Finally, the Article considers arguments for a constitutional challenge to the Supreme Court's interpretation based on the Charter.
Satellite Wars: Culture vs. Expression,
5 Vanderbilt Journal of Entertainment and Technology Law
Available at: https://scholarship.law.vanderbilt.edu/jetlaw/vol5/iss2/9