A decade after its decision in Dunsmuir v. New Brunswick, the Supreme Court of Canada will again consider the standard of review in administrative law this week by way of a trilogy of appeals to be heard concurrently. The appellants were asked to address standard of review in their submissions, and have been permitted to submit longer filings than usual; more than 70 counsel (including amici curiae at the Supreme Court’s invitation) have reportedly made submissions.
Dec. 4-6 – Federal – Bell Canada, et al. v. Attorney General of Canada
Administrative law, standard of review: The CRTC issued an order excluding the Super Bowl from the simultaneous substitution regime to which it has been subject for many years under the Simultaneous Programming Service Deletion and Substitution Regulations. Under that regulatory regime, the Canadian broadcaster of the Super Bowl made requests to ensure that the Super Bowl was broadcast in Canada with Canadian commercials on both Canadian and American channels. The CRTC’s determination that simultaneous substitution for the Super Bowl is not in the public interest means that, as of 2017, Canadians watching the Super Bowl on Canadian stations see only Canadian commercials, while those watching it on American stations see only American commercials.