Quebec online gambling law unconstitutional: PIAC

The Public Interest Advocacy Centre (PIAC) is asking the CRTC to deem as unconstitutional a Quebec law compelling Internet service providers (ISPs) to block certain online gambling websites. In a new Part 1 application filed Friday, the advocacy group said that the legislation passed by Quebec’s national assembly in May, “is in direct conflict with s. 36 of the Telecommunication Act.” The federal act says that “except where the approves otherwise, a Canadian carrier shall not control the content or influence the meaning or purpose of telecommunications carried by it for the public.” For a province to impose rules regarding what content telecommunications providers can transmit, “it is unconstitutional on a division of powers analysis,” the application said. The provisions of the Quebec law, known as Bill 74, that specifically affect online gambling sites have not yet come into force, but the legislation sets out that only websites authorized by the province’s gaming agency, Loto-Quebec, are allowed to be accessible within the province. Though the Quebec government has said the rules are in place as a public health measure, which falls under provincial jurisdiction, PIAC’s application argues that it is “an attempted exercise of the federal power over the control of content of telecommunications.” If the CRTC hands down a ruling on the constitutionality of the law, PIAC said it would “assist ISPs operating in Quebec to determine how to react to this purported Quebec law and will allow customers of these ISPs to have continued access to the entire internet free of potential unconstitutional interference from provincial governments.” Industry executives decried the legislation during last month’s Canadian Telecom Summit in Toronto and called for the CRTC to take action. PIAC pointed to last month’s Supreme Court of Canada decision backing Rogers Communications Inc. in a dispute against the Quebec municipality of Châteauguay over the siting of a wireless tower, drawing parallels for the jurisdiction-related arguments. “PIAC submits that the present effort of the Province of Québec with Bill 74 is precisely the sort of situation where a claim of ‘co-operative federalism’ should not be used to make a blatant effort to ‘override modify the division of powers itself’ or to ‘impos limits on the valid exercise of legislative authority’ as expressed in the Telecommunications Act,” the application said. Bill 74 also “frustrates the Canadian telecommunications policy objectives,” the application argues, adding that “transmitting content is the raison d’etre of telecommunications services” and that a service provider “that blocks legal content requested and transmitted over their network is an unreliable service provider providing sub-standard service.” Furthermore, the application said the legislation threatens free speech and would also prove to be “technically ineffective,” noting that “customers could easily use a different DNS server than their own ISP’s to circumvent blocking done on this basis.” In addition to having the law declared unconstitutional, PIAC is also seeking an interim injunction to keep all service providers operating in Quebec from having to actually block or take “any steps preparatory to complying” with Bill 74. — With reporting by Charelle Evelyn at cevelyn@thewirereport.ca and editing by Ahmad Hathout at ahathout@thewirereport.ca

Quebec online gambling law unconstitutional: PIAC

News | July 11, 2016

Unlock all the Canadian telecom, broadcasting and digital media news you need.

FREE TRIAL

SUBSCRIBE

Inside The Wire Report

Information

Hill Times Publishing

Get in Touch With Us

Quebec online gambling law unconstitutional: PIAC

News | July 11, 2016

Unlock all the Canadian telecom, broadcasting and digital media news you need.

FREE TRIAL

SUBSCRIBE

Related Stories

Freedom Mobile no longer pursuing full MVNO status

Federal arbitrator releases paid time political broadcast schedule

TV broadcasters denounce streamers’ appeals of CRTC’s broadcasting contribution decision

CRTC considering expanded mandate for Broadcasting Participation Fund

Reuse & Permissions

Inside The Wire Report

Information

Hill Times Publishing

Get in Touch With Us