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May 10, 2018

Supreme Court to hear Bell's appeal over Super Bowl ad policy

Super Bowl

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The Supreme Court of Canada says it will hear Bell Canada and the National Football League’s appeal of the federal broadcast regulator’s decision to let Canadians watch American ads during the Super Bowl.

In January, Bell and the NFL applied to the country’s highest court to overturn the Canadian Radio-television and Telecommunications Commission’s decision to ban substituting American ads with Canadian ones, commonly known as simultaneous substitution – or simsub.

“The court is of the view that these appeals provide an opportunity to consider the nature and scope of judicial review of administrative action,” the Supreme Court of Canada said in documents released Thursday.

The CRTC’s decision was upheld by a Federal Court of Appeal in late December.

Bell and the NFL argue the CRTC doesn’t have the jurisdiction to target a single program. The CRTC’s simsub policy for Canadian broadcasts of the Super Bowl was announced in January 2015 and has drawn backlash from Bell, advertisers and creative groups.

“We are pleased the Supreme Court will hear the appeal and we look forward to advancing our argument that a broad range of Canadian creators, producers, advertisers, and businesses have been negatively impacted by the original decision,” said Scott Henderson, vice president of communications for Bell Media, in an emailed statement. 

A spokesperson for the CRTC declined to comment. 

BNN Bloomberg is a division of Bell Media, which is owned by BCE.