Robbins SCE Research
Home| British Columbia Polls| Canada Polls| US & the World Polls| Contact| Register| Search| Donate
Glen P. Robbins asks - should Supreme Court of Canada Justice Rothstein consider early retirement?
Consider this: Toronto mayoral candidate John Tory - former Rogers executive, Law Society CEO former corporate lawyer for Rogers --small little animal farm  Oct 10, 2014

Justice Marshall Rothstein has been a Supreme Court of Canada Justice since 2006. His area of law is transportation. Transportation law deals with such things as trains, roads, waterways, commercial ships, air transport and communications systems. It is our position based on his attendance to the CPAC public affairs show July 7, 2014 Beyond Politics, was by inference intended to be more about politics and personal ambition than it was to do with the law. We ask the question in light of the Conservative governments intention to legislate free use of media production for political purposes, that perhaps Justice Rothstein is better suited to an earlier retirement than the 2 years he has remaining on the bench.
CPAC is a Canadian Category A cable and satellite specialty channel service – owned by a consortium of cable companies that includes Rogers Communications (41.58%), Shaw Communications (23.58%), Videotron (21.8%), Cogeco (6.73%) and Eastlander (3.77%) (“the Telcos”).
CPAC's main purpose is the broadcast of proceedings of the House of Commons. Other programming including meetings of the House of Commons and Canadian Senate parliamentary committees, occasional Supreme Court of Canada proceedings and other.
“In 1979, the Canadian Broadcasting Company (“CBC”) was given a temporary license (“CBC”) from the Liberal government leading to the CBC Parliamentary Television Network.” Ten years later “the CBC and a consortium of cable television producers created the Canadian Parliamentary Channel (CPAC)." In December 1990, under the Mulroney Progressive Conservatives announced that “the CBC is no longer able to bear the cost of operating the parliamentary channel.” “In 1992....a consortium of 25 cable companies took over (sic) CBC's role.”
On December 13, 2012 a Supreme Court of Canada ruled in favour of the Cable companies over the CRTC's power to “make cable providers pay broadcasters for carrying their TV signals.” The Supreme Court ruled in a 5-4 decision that setting up such a system is not within the scope of the CRTC.”
After the decision, Bell Media (CTV) said it was disappointed that the Supreme Court had found that the CRTC doesn't have the jurisdiction to implement such a system”...making it difficult for local television to survive.
Justice Rothstein wrote the decision for the majority. “First, a contextual reading of the provisions of the Broadcasting Act...reveals that they were not meant to authorize the CRTC to create rights for broadcasters.” Second, the proposed regime would conflict with specific provisions enacted by Parliament in the..Act.”
“The Broadcasting Act cannot be interpreted to give the CRTC that power”, Justice Rothstein wrote.
Conservative MP James Moore (Port Moody Westwood Port Coquitlam) is the Minister of Industry response for cable companies. According to an article in the Financial Post July 7, 2014 “Shares of the three largest wireless providers took a hit after the federal government announced plans to authorize valuable wavelength rights with more than half set aside for new entrants.”
Less than one month before that on May 13, 2014 the Toronto Star wrote that: “An outraged Canadian legal community is marshaling criticism of Prime Minister Stephen Harper writing in an open letter to him and at the same time seeking outside international help to reaffirm the independence of Chief Justice Beverley McLachlin.” “We fear that the unprecedented statements of the prime minister and minister of justice and attorney general, which question the integrity and judgment of the chief. justice...may seriously undermine judicial independence in Canada says the letter to Geneva.”
It is odd that one month after the furor over comments made by Prime Minister Stephen Harper to Canada's Chief Justice of the Supreme Court, that Justice Rothstein would go on air of a public affairs program owned by Canada's business Telecoms to gush about being appointed by Stephen Harper in 2006-the same person who has acted inappropriately with his colleague.
His Honour's wife's apparent comments to him (as related by His Honour on the CPAC show) as it pertained to his prospective retirement in two years “You better put out some feelers and find a job” in conjunction with his recent lone dissension in BC Trial Lawyers Association of British Columbia v BC Attorney General on the matter of reduced fees to litigants under section 96 of the Constitution – on the basis that the province should be left alone to do as they want in charging fees (when access to justice is a major problem identified by the Chief Justice of the Supreme Court of Canada and the Chief Justice of British Columbia), suggests to us that Justice Rothstein may have been sending a message on the CPAC show Beyond Politics, or alternatively that his intention to attend the show was not remotely beyond any politics but right in the middle of politics and perhaps early retirement is a good idea.

Home| British Columbia Polls| Canada Polls| US and the World Polls| Contact| Register| Search| Site Map
Copyright Robbins SCE Research Inc. ©2021