The federal court of Appeal has ruled in favour of CBC Radio's right to “free speech” regarding the use of the n-word. .According to Blacklock’s Reporter, the court overturned a Canadian Radio-Television and Telecommunications Commission (CRTC) order that condemned a radio show for breaching the Broadcasting Act due to its offensive content..“It is well established Parliament may regulate what can and cannot be said on the airwaves and that it has delegated to the CRTC the power to do so,” wrote Justice Marc Noël. .“No one takes issue with this.”.“Rules of conduct require broadcasters to be vigilant and sensitive with respect to the language and expressions used on the air to refer to individuals or groups based on, among other things, race,” wrote Justice Noël. However, the CRTC order went too far, he added..“The CRTC overstepped its jurisdiction by sanctioning CBC Radio on the sole basis the content broadcast on the air was, in its opinion, inconsistent with Canadian broadcasting policy,” wrote Justice Marc Noël. The Court quashed the decision and told the CRTC to reconsider the issue..The CRTC ruling came last June 29 in the case of a French-language program Le 15-18. A guest and host discussed the 1968 memoirs of FLQ bomber Pierre Vallières, Negres Blances d’Amerique (White N—rs Of North America)..Vallières compared francophones to African slaves in the US South. “To be a n—r in America is to be not a man but someone’s slave,” he wrote..The CRTC ruled that the CBC Radio show's use of the n-word four times in a six-minute broadcast was both offensive and unnecessary..“The Commission considers that by repeatedly mentioning the term Radio-Canada did not show sufficient respect and sensitivity to the communities affected by the term,” said CRTC Broadcasting Decision 2022-175..“The rise 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 societal change that propelled public reflection on issues related to racism and systemic racism,” wrote the CRTC..The ruling was dismissed by the Court of Appeal on the grounds of free speech..“The decision makes no mention of CBC Radio’s freedom of expression,” wrote Justice Noël. .“Its structure revolves exclusively around the issue as to whether the broadcast of the n-word on the air is consistent with Canadian broadcasting policy.”
