Telecommunications Workers' Union v. Canadian Radio-Television and Telecommunications Commission and CNCP Telecommunications, (1988) 98 N.R. 93 (FCA)

• Judge: Marceau, MacGuigan and Desjardins, JJ.
• Court: Federal Court of Appeal (Canada)
• Case Date: October 13, 1988
• Jurisdiction: Canada (Federal)
• Citations: (1988), 98 N.R. 93 (FCA)

TWU v. CRTC (1988), 98 N.R. 93 (FCA)

MLB headnote and full text

In The Matter Of an appeal under Section 64 of the National Telecommunications Powers and Procedures Act

Telecommunications Workers' Union (appellant) v. Canadian Radio-Television and Telecommunications Commission and CNCP Telecommunications (respondents)

(A-498-88)

Indexed As: Telecommunications Workers' Union v. Canadian Radio-Television and Telecommunications Commission and CNCP Telecommunications

Federal Court of Appeal

Marceau, MacGuigan and Desjardins, JJ.

October 13, 1988.

Summary:

The Canadian Radio-Television and Telecommunications Commission (C.R.T.C.) ruled that s. 320(3) of the Railway Act authorized it to allow a national supplier of telecommunications services to charge tolls for which tariffs had not been filed. The Telecommunications Workers' Union appealed under s. 64 of the National Telecommunications Powers and Procedures Act.

The Federal Court of Appeal allowed the appeal. The court held that the C.R.T.C. had no power to exempt a company from filing its tariffs.

Telecommunications - Topic 6465

Commission - Regulation - Powers - Filing of tariffs - The Canadian Radio-Television and Telecommunications Commission (C.R.T.C.) ruled that s. 320(3) of the Railway Act authorized it to allow a national supplier of telecommunications services to charge tolls for which tariffs had not been filed - The Telecommunications Workers' Union appealed under s. 64 of the National Telecommunications Powers and Procedures Act - The Federal Court of Appeal held that the C.R.T.C. had no power to exempt a company from filing its tariffs.

Statutes Noticed:

Railway Act, R.S.C. 1970, c. R-2, sect. 2, sect. 320(2), sect. 320(3) [para. 2]; sect. 376 [para. 8].

Authors and Works Noticed:

House of Commons Debates (1919), pp. 357, 936, 2617, 2641, 2929, 3073, 4012 [footnote 4].

Counsel:

James R. Aldridge, for the appellant;

Greg Van Koughnett and Lorne Abugov, for the Canadian Radio-Television and Telecommunications Commission;

Michael H. Ryan, for CNCP Telecommunications;

Anthony H.A. Keenleyside, for Telesat Canada;

Christopher Johnston, Q.C., for British Columbia Telephone Company;

Laurence J.E. Dunbar, for Cantel Inc.;

Glen W. Bell, for Federated Anti-Poverty Groups of British Columbia, the Old Age Pensioners' Organization, the Senior Citizens' Association and the Council of Senior Citizen's Organizations.

Solicitors of Record:

Rosenbloom & Aldridge, Vancouver, B.C., for the appellant;

Canadian Radio-Television and Telecommunications Commission, Ottawa, Ontario, on its own behalf;

Canadian Pacific Limited, Toronto, Ontario, for CNCP Telecommunications;

Clarkson, Tetrault, Ottawa, Ontario, for the Telesat Canada;

Bell Canada, Hull, Quebec, on its own behalf;

The B.C. Public Interest Advocacy Centre, Vancouver, B.C., for Federated Anti-Poverty Groups of British Columbia, the Old Age Pensioners' Organization, the Senior Citizens' Association and the Council of Senior Citizen's Organizations;

Johnston & Buchan, Ottawa, Ontario, for British Columbia Telephone Company;

Charles M. Dalfen, Hull, Quebec, for Cantel Inc.

This appeal was heard on September 7, 1988, before Marceau, MacGuigan and Desjardins, JJ., of the Federal Court of Appeal.

On October 13, 1988, Marceau, J., delivered the following judgment for the Court of Appeal.