Originally Posted by hugh
Having said that, remember this went all the way to the Supreme Court in 2002 and the courts ruled that the Broadcasting Act was constitutional.
Although it may be constitutional I don't know one way or the other if the Human Rights Commissions base their laws on the constitution itself but more on the standard of international human rights.
NAFTA cultural protections pretty much assure that you can't make a challenge based on restraint of trade. Personally, I think it would almost be impossible to mount any challenge.
I certainly could be mistaken (it's happened often before lol) but I wonder if that provision would stand up against a WTO complaint. I'd assume for a WTO complaint it'd have to be filed by a nation state but, like with softwood lumber, the Americans seem to be pretty bully about forcing trade.
I think it would almost be impossible to mount any challenge.
I actually agree. I'm more or less musing on what's possible within that realm of "almost impossible" and wondering if there's any angles that's never been looked at before.
Whenver I've asked about actually paying for DTV or Dish in Canada everybody says it's illegal but the conversation never migrates beyond that. A decade ago I'm sure even gay people wouldn't have thought that gay marriage would be legal in Canada; who knows - in another decade pot might actually be legal.
Things change over time - even on the technological angle perhaps giving Canadian subscribers the option to subbing to an all Canadian On Demand channel may be enough to satisfy cultural obligations along with picking up the CBC (with US programming blacked out) for viewers across North America. CBC has partnered with a US provider before with Sirius so I'd have to assume they'd be interested in taking a shot at becoming the dominant Canadian media company again.
From the locked thread it certainly seems like Direct TV welcomes the idea of Canadian subscribers for those able to offer a valid US mailing address and SSN...I'd have to imagine we'd have an ally for them to get an extra potential 30 million customers.