BROADCASTING |
Centre for Research-Action on Race Relations v. Canadian Radio-television and Telecommunications Commission
00-A-40
Strayer J.A.
7/12/00
4 pp.
Application for leave to appeal--Appellant filed complaint with CRTC concerning community channel broadcast of interviews on street posing questions whether immigrants sufficiently integrating themselves into "société québécoise francophone"--On August 9, 2000 letter sent to appellant by Executive Director, Broadcasting at CRTC stating programme did not violate relevant law, regulations--In subsequent communications, appellant advised August 9 letter not decision of Commission, but could request Commission itself to consider complaint--Broadcasting Act, s. 31(2) permitting appeal from decision of Canadian Radio-television and Telecommunications Commission (CRTC) to Federal Court of Appeal if leave obtained--Application dismissed--Clear from both Broadcasting Act, s. 31(2) and Federal Court Act, s. 28(1)(c) that Court's jurisdiction in respect of decisions of CRTC--"Commission" consisting of full-time, part-time members thereof appointed by Governor in Council--August 9, 2000 letter not "decision" of "Commission" and appellant so informed--Better if explanation of right to request complaint be put before Commission included in letter indicating belief complaint not made out, but in this case this avenue subsequently explained several times to appellant--Broadcasting Act, S.C. 1991, c. 11, s. 31(2)--Federal Court Act, R.S.C., 1995, c. F-7, s. 28(1)(c) (as am. by S.C. 1990, c. 8, s. 8).