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.
Dont get Scammed there is no hack in canada but it will come soon because of this ruling
Killer Applebee
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Not illegal. That means more serious punishement for hacking...
key largo
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This ruling is already being appealed by the Coalition of Canadian broadcasters ...also the judge's ruling wouldn't take effect until at least another year...so basically presently there is NO change in Canada now...its still illegal!...and this ruling will NOT affect the hack in any way..
this ruling has not been appealed yet and most likley will not be,and the ruling itself is a result of two appeals allready so this is very good news because now the release of the p4 hack can be done without fear of dave comming down on them even if it takes affect in a year court cases can be put off untill then and then refered back to this landmark decision.
key largo
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Dave will come down on anyone who releases the hack...Canada is not a sanctuary!...LOL