Last Tuesday, those attending a Federal Court of Appeal hearing in Ottawa—to consider whether Internet service providers are broadcasters—laughed somewhat nervously when Justice Marc Noël asked whether the court has become Canada’s broadcasting expert in place of the CRTC.

According to The Wire Report, Justice Noël said, “It would have been useful if [the CRTC] had expressed [whether ISPs are doing broadcasting], because they are the experts. I’m a little troubled by that. Have we become the experts? That’s what the CRTC is there for.”

In fact, the idea that tribunals such as the CRTC have specialized expertise, to which courts must defer, is a fundamental principle of administrative law.

Contact Ryan O'Neill at 613-232-5952 ext. 222 or roneill@thewirereport.ca
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