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There is an expert tribunal in place to interpret and enforce Canada’s broadcasting regulations, taking into the account policy goals set by Parliament. It would have to balance Goldy’s complaint against “the need for a broadcasting system that reflects the ‘multicultural and multiracial nature of Canadian society’ and provides for programming of a ‘high standard,’” Bell’s materials say.

It will have to also take into account Bell’s own freedom of expression and “programming independence.”

Photo by Faith Goldy/Instagram

Bell makes the point that Ruby, Goldy’s “experienced counsel,” ought to have known this jurisdictional problem, so her delay in filing should not be the basis to go against precedent and allow the case to proceed.

The urgency that Goldy claims as a reason for Ontario Superior Court to intervene is “entirely of her own making,” Bell claims.

“Despite being advised that Bell did not wish to do business with her more than two weeks ago, (Goldy) elected to bring this application only on Tuesday of this week, in the wrong forum,” Bell claims. “Until yesterday, (she) took no steps to even ask the CRTC if it would hear and resolve this dispute before the election. Through her inaction and choice of litigation strategy she cannot confer jurisdiction on the Ontario Superior Court that should be properly exercised by the CRTC.”

If Goldy wants to enforce CRTC rules against Bell, “she should be seeking a mandatory order from the CRTC,” Bell’s materials say. “The law is clear that provincial Superior Courts do not have the jurisdiction and should not interpret and apply the CRTC regulations. That is a matter for the CRTC, an expert tribunal constituted by Parliament and subject to appeal to the Federal Court of Appeal.”

Bell even makes an election prediction, arguing that Goldy is not going to win any which way. “It is not as though an inability to obtain the relief sought (ads on CP24) can or will have any realistic impact on the outcome of the election. She is currently polling at 1.6% with only a few days before the election,” Bell’s reply reads.

• Email: jbrean@nationalpost.com | Twitter: JosephBrean