CMN 2170 Lecture Notes - Lecture 2: Ultra Vires, Precedent, Carrier System
17 Dec 2017
School
Department
Course
Professor
Cable Reference (1978)
Quebec Public Service Board v. Dionne
Tag(s) Constitutional law — Cable distribution undertakings — Orders of the Quebec Public Service Board rearing the operation of cable
distribution undertakings — B.N.A. Act, 1867, sec. 91, 92(10) — Radio Act, 1970 — Public Service Board Act, 1964
Question(s)
Appellant d’Auteuil and respondent Dionne were authorized by the Quebec Public Service Board to establish and operate cable distribution
undertakings, each in a specific area. The Court of Appeal of Quebec unanimously set aside the decisions of the Quebec Public Service
Board and declared ultra vires, in so far as they apply to the cable distribution undertakings of Dionne and d’Auteuil, the Communications
Department Act, the Public Service Board Act and the Cable-distribution Regulation. Appellant is asking this Court to reverse that decision
Are sec. 23 of the Public Service Board (R.S.Q. 1964, c. 229) and the ordinances rendered pursuant thereto unconstitutional, ultra
vires or inoperative to the extent that they apply to a cable distribution public service
Appellant(s)
Quebec Public Service Board, Raymond d’Auteuil, Minister of Communications and the Attorney General for the Province of Quebec
Submission(s)
•Two enterprises, having no necessary connection with each other, were involving in television operations and in cable vision operations
•The fact that different controlling entities were involved in those operations emphasized the separateness of the enterprises, and since
the cable distribution operation was locally situate and limited in its subscriber relations to persons in Quebec it was essentially a local
works or undertaking within provincial competence under sec. 92(10) of the B.N.A. Act
•The antenna receiving signals transmitted by hertzian waves by TV stations was not a component part of the cable-distribution system
but a separate undertaking
Respondent(s)
François Dionne, Attorney General for Canada
Judgement(s)
The appeal should be dismissed;
Exclusive legislative authority in relation to the regulation of cable vision stations and their programming, at least where such programming
involved the interception of television signals and their retransmission of cable visions subscribers, rested in the Parliament of Canada
Reason(s)
•The fundamental question is now whether the service involved in cable distribution is limited to interprovincial subscribers or that it is operated
by a local cancer but rather what the service consists of [in reference to sec. 92(10) of B.N.A. Act]
•Where television broadcasting and receiving is concerned, there cannot be a separation for constitutional purposes between the carrier system,
the physical apparatus, and the signals that are received and carried over the system
•The fact that they may make changes or deletions in transmitting the off-air programming does not affect their liability to federal regulatory
control
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Tag(s) constitutional law cable distribution undertakings orders of the quebec public service board rearing the operation of cable distribution undertakings b. n. a. 91, 92(10) radio act, 1970 public service board act, 1964. Appellant d"auteuil and respondent dionne were authorized by the quebec public service board to establish and operate cable distribution undertakings, each in a speci c area. The court of appeal of quebec unanimously set aside the decisions of the quebec public service. Board and declared ultra vires, in so far as they apply to the cable distribution undertakings of dionne and d"auteuil, the communications. Department act, the public service board act and the cable-distribution regulation. Appellant is asking this court to reverse that decision. 1964, c. 229) and the ordinances rendered pursuant thereto unconstitutional, ultra vires or inoperative to the extent that they apply to a cable distribution public service. Quebec public service board, raymond d"auteuil, minister of communications and the attorney general for the province of quebec.
