Court Dismisses Adbusters' Lawsuit Against Global Television

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Quo Vadis Charter of Rights?

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Adbusters May Appeal Decision

In a decision rendered February 18, 2008, BC Supreme Court Justice Ehrcke dismissed Adbusters' lawsuit against Global Television and declined Adbusters' motion to reinstate CBC and name CRTC as defendants to the action. The judge ruled that CRTC is part of the Government of Canada for legal purposes and cannot be sued as a separate entity, while CBC (Canadian Broadcasting Corporation) cannot be considered government for purposes of this action.

Adbusters' claim arose out of the rejection of its anti-commercial advertisements and relied on Section 2(b) of the Charter of Rights and Freedoms, which is a fundamental part of Canada's Constitution. This section protects Canadians' fundamental rights to the freedom of expression. A Charter of Rights claim can be made against the government and government agencies but not against private corporations or individuals.

In this author's humble opinion it was too much of a stretch to plead Charter of Rights against Gloabl Television. A claim against the government for negligence would have had a better chance of success since the real issue is the monopolization of the news media. The present level of concentration of the airwaves and the press in the hands of a cartel is an outright negation of the Charter of Rights for which politicians and bureaucrats must be held accountable.

Adbusters is contemplating an appeal of the court decision.