Bell et. al. v. Amtelecom et. al. (Coming into Force of the Wireless Code)
Bell v. Amtelecom (Retrospectivity of the Wireless Code)
CIPPIC is representing OpenMedia.ca in Bell v. Amtelecom, File No. A-337-13, whereby the Federal Court of Appeal will decide how long customers of wireless services will need to wait before benefiting from the CRTC's recently adopted Wireless Consumer Protection Code. The Code, which includes a comprehensive set of consumer protections designed to address a number of long-standing problems endemic in the wireless market. The Code, which was issued June 3, 2013, was to apply to all service contracts within two years. However, the Appellants in Bell v. Amtelecom argue that the CRTC does not have the authority to impose these obligations to pre-existing contracts due to long-standing common law presumptions against retroactivity. CIPPIC, representing OpenMedia.ca in the matter, argued that the Code does not retrospectively interfere with any vested rights and, as such, does not attract the common law presumptions in question. Moreover, the CRTC is entrusted with a comprehensive regulatory regime and can therefore regulate retroactively. Finally, the CRTC properly decided to ensure that all customers can benefit from the Code's protections within 2 years. As noted in the CRTC's Wireless Code decision, three years is a long time in the dynamic and rapidly evolving wireless market.
CRTC Decision Under Appeal
- Telecom Decision CRTC 2012-556, 8661-C12-201204057, October 11, 2012
- Telecom Notice of Consultation CRTC 2012-557, 8665-C12-201212448, October 11, 2012
- CIPPIC's Resource page for the proceeding: https://cippic.ca/Wireless_Code
- OpenMedia.ca's Commentary on the release of the Wireless Code: D. Christopher, "OpenMedia.ca Welcomes New CRTC Code of Conduct", June 3, 2013
Leave to Appeal
- Applicants' Motion for Leave to Appeal, July 2, 2013
- CRTC, Response to Motion for Leave to Appeal, July 23, 2013
- Applicants' Reply to Motion for Leave to Appeal, July 30, 2013
- Federal Court of Appeal, Pelletier, J.A., Order granting Leave to Appeal, Docket 13-A-25
Main Submissions
- Appellants' Memorandum of Fact and Law, January 24, 2014
- OpenMedia.ca's Responding Memorandum of Fact and Law, February 28, 2014
- CRTC's Responding Memorandum of Fact and Law, February 19, 2014 //modified by FCA order, see below)
- Union des consommateurs' Mémoire de Faits et de Droit, February 19, 2014
- Attorney General of Canada's Responding Memorandum of Fact and Law, June 10, 2014
- Appellants' Supplemental Reply Memorandum of Fact and Law, June 20, 2014, Replying to the Attorney General of Canada's Memorandum of Fact and Law
- Public Interest Advocacy Centre's Responding Memorandum of Fact and Law, February 19, 2014 //removed from the record of the proceeding