Andrew Bernstein says copyright law will not affect SCC decision

Partner Andrew Bernstein spoke with Law Times about the SCC decision in Bell Canada v. Attorney General of Canada expected later this year, saying it “appears as if it will turn on the provision of the Broadcasting Act.”

Andrew is the lead counsel for Bell Media in the proceedings, however he is speaking solely on his own behalf and not that of his client.

The case focuses on the CRTC’s order banning broadcasters from replacing U.S. ads for Canadian ones during the Super Bowl. Although the Federal Court of Appeal has upheld this order and the SCC is yet to determine its fate, it could very well be obsolete once the Canada-United States-Mexico free-trade agreement is ratified.

“[I]f the court finds that the CRTC had the necessary jurisdiction under the statue, it won’t allow copyright to get in the way of its decision,” Andrew said.

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