Federal Court of Appeals Overturns CRTC Ruling Against CBC Over Broadcasting of ‘N-Word’

The Federal Court of Appeals has overturned a previous Canadian Radio-Television and Telecommunications Commission (CRTC) decision that penalized CBC Radio for a program that used the “N-word,” a racial slur.

The decision issued by the Federal Court of Appeals on June 22 found the broadcast regulator erred in its ruling against SRC, the French-language segment of CBC/Radio-Canada.

“The CRTC has overstepped its jurisdiction by penalizing the SRC on the sole basis that the content broadcast on the air did not, in its opinion, comply with Canada’s broadcast policy,” Judge Marc Noël wrote.

The case revolved around the CBC broadcasting an abusive word on air during a French program, Le 15-18. The program’s guest and host discussed a 1968 book written by FLQ bomber Pierre Vallières that contains the “N word” in the title.

“This title, which the CRTC mentions in French in its decision… was quoted four times – three times in French and once with the English translation – during a segment called Aactuality with Simon Jodoin: Certain ideas about taboos? which was broadcast on August 17, 2020 during the radio program Le 15 18,” said the court.

“The fragment in question, which lasted 6 minutes and 27 seconds, dealt with a petition demanding the resignation of a Concordia University professor who had mentioned Pierre Vallières’ book by its title in class.”

“The court has referred the case back to the CRTC,” the CBC said in a news report story about the decision, adding that it will “wait for their guidance on next steps. It’s important to remember that this doesn’t affect any policies we’ve already put in place to minimize the use of abusive or offensive language.”

Complaint

An initial complaint to the CRTC was received on August 28, 2020, and the program’s head of content rejected it, stating that the use of the “N-word” during the segment had “not been offensive or inconsiderate”, according to the court.

The person who made the complaint then asked the French services ombudsman for an assessment. He refused to intervene, according to the court, stating that the use of the word was in accordance with CBC policy. The complainant continued to appeal the decision and the case eventually ended up before the CRTC.

In a decision dated June 29, 2022, the CRTC said that “the use and repetition of the ‘N-word’ in this program was inconsistent” with the objectives of the Broadcasting Act, and suggested that CBC had not taken appropriate action” to the impact of the ‘N-word’ on its audience.”

“The emergence of the Black Lives Matter movement and the wave of global protests following the death of George Floyd in May 2020 represent an axis of social change that has stimulated public reflection on issues related to racism and systemic racism,” suggested the CRTC.

CBC was told to apologize to the person who made the complaint. In making the decision, the CRTC said broadcasts “should be of a high standard” and “serve to protect, enrich and strengthen Canada’s cultural, political, social and economic fabric.”

The CRTC decision stated that anything broadcast by CBC should “reflect the multicultural and multiracial nature of Canada”.

The Judge of the Federal Court of Appeals disagreed, stating that the portion of the Broadcasting Act cited by the CRTC “did not give the CRTC this power” and was misquoted.

“The CRTC has overstepped its jurisdiction by penalizing CBC Radio on the sole basis that the content broadcast on the air did not, in its opinion, comply with Canadian broadcasting policy,” Noël wrote.

The judge also noted that the regulator’s decision “makes no mention of CBC Radio’s freedom of expression. Its structure revolves solely around whether the over-the-air transmission of the ‘N-word’ complies with Canada’s broadcast policy.”

“Since Parliament has mandated the CRTC to act as the primary decision maker regarding what can and cannot be said on the air, I would refer the matter back to the CRTC for them to re-determine the merits of the complaint. said Noel.