Canadian Judges Rules The Satellite Law Violates The Canadian Charter Jacques Wins !

[pmd520]

C&P

It was a 99 Page Ruling Jacques just called me. Judge ruled the Canadian RadioCommunication Act Violates Section 2(B) of the Canadian Charter of Rights and Freedoms. Further more the Judge ruled that it was not Justified under section one of the Charter meaning the Government had no Justification for this Violation.


Jacques said it was a very strong ruling ! naturally it will be Appealed but for now for those care about our Rights to View Satellite TV Broadcast of our Choice sit back and enjoy.



We need to Thank Jacques ever so much ! if not for him this would not have happened since the Crown was making sweat Heart Deals for everyone to settle to avoid this in Court. Jacques would not settle period. Jacques has now won three times against the Government Defending himself. In the recent trial Jacques had no witnesses while the Government had about 13 including Major Canadian Broadcasters, DTV and Experts !



Way to Go Jacques !!

hxxp://xyz.cyberpresse.ca/actualite...04,827666.shtml

[bols2dawaLL]

WOULDN'T THAT BE NICE IF cHARLIE AND DAVE WERE ALLOWED ACCESS TO CANADA . LEGALLY - WAHOOOOOO

[JShin]

While there at it disband the nazies at the CRTC.

[sillywilly]

According to the following, I don't think you can sit back and enjoy just yet. There is a one-ear moratorium to the ruling. It is still illegal and may yet be appealed. I don't want to rain on your parade because I'm in the same parade here in Vancouver. This is just further information. Treat it as you wish:

Morning Gentlemen,

This just came on SkyeReport of today’s date.






Canadian Judge Ruling Paves Way for U.S. Signals?

Another dimension has opened up concerning what Canadians can and cannot do with satellite TV services originating from the United States.

A court in Quebec recently ruled that Canadians who watch U.S.-based satellite TV are not breaking the law. The court's ruling could go into effect within a year. Utilizing U.S. satellite TV service in Canada has been against the law since the Canadian Supreme Court ruled in 2002 that receiving foreign satellite TV signals is illegal.

The Ottawa-based Coalition Against Satellite Signal Theft urged the Canadian government to appeal the Quebec court decision. And the coalition said the ruling underscores the need for the Canadian government to reintroduce a bill that would amend the country's Radiocommunication Act concerning satellite TV service and signal theft.

Also - the coalition pointed out - the ruling has a one-year moratorium attached, meaning that dealing in illegal satellite equipment in Canada is still a criminal offense.

[michaellana]

Restrictions lifted on foreign satellite TV systems
Infringement on freedom of expression

Friday, October 29, 2004
Making it illegal for Canadians to subscribe to television programming via foreign satellite systems infringes on their freedom of expression, a long-awaited judgment concluded yesterday.
Quebec Court Judge Danielle Cote handed down a 153-page ruling that found two sections of the federal Radiocommunication Act violate the Canadian Charter of Rights and Freedoms.
Those sections deal with so-called grey-market satellite systems for decoding an encrypted programming signal.
"(Cote) had to invalidate the law because the law itself was such an infringement," said Jacques D'Argy of Drummondville, who sought the court order.
D'Argy and his brother-in-law, Richard Theriault, were charged in December 1998 with using DirecTV, a U.S. satellite system, to access U.S. signals.
Cote acquitted them in September 2000.
In June 2001, Superior Court Justice Jean-Guy Boilard rejected an appeal by government lawyers.
But in May 2002, the Quebec Court of Appeal overturned the acquittals and sent the case back to Cote.
The Supreme Court of Canada declared in 2002 that anyone who sells technology allowing consumers to access encrypted signals from U.S.-based satellite systems is committing a federal offence.
D'Argy, representing himself throughout all the court proceedings, said yesterday he always wondered "why can I import the New York Times but not (the U.S. television network) Fox."
He also noted that, at one time, "I could have spent a year in jail for watching the American Congress on C-SPAN. Does that make sense?"
"Isn't that terrific!" exclaimed Alan Gold, a Toronto lawyer who represents several grey-market satellite dealers in Ontario.
"I'm delighted, we've been waiting for this decision."
Calling it "very, very important and wonderful news," Gold said it means the federal government will no longer be able to control what Canadians watch on TV.
"This will give people the freedom to pay money and subscribe to the stations they want," he added. "It is the beginning of the end for the systems we now have."
The Coalition Against Satellite Signal Theft - which is made up of Canadian broadcasting, cable and satellite-TV interests - is studying Cote's lengthy decision.
"The only thing we know is that it's in favour of the plaintiffs," coalition official Harris Boyd, senior vice-president (industry affairs) at the Canadian Cable Television Association, said from Ottawa.
Francine Robichaud of the federal Justice Department said, "Lots of questions are raised in that judgment."
As a result, she said, the department "will take the time to analyze it in detail before deciding whether or not to appeal."
Cote extended a grace period of one year before her ruling would come into effect.
mking@thegazette.canwest.com
© The Gazette (Montreal) 2004

[JShin]

Francine Robichaud of the federal Justice Department said, "Lots of questions are raised in that judgment."
As a result, she said, the department "will take the time to analyze it in detail before deciding whether or not to appeal."

She's full of shit, they already appealed the decision last week and they are gonna have to go back to court. I can't believe how far these fuckers will go just to put more money in the pockets of big Canadian coporations (Bell, Rogers, etc.).