Our Services

Telecommunications

Members of the Group have acted as counsel and have provided advice of both a general and a more specific nature to a number of telecommunications common carriers (terrestrial, wireless and satellite), resellers, Internet Service Providers and content providers and users. Our experience includes the following:

• Relative to the CRTC, members of our Group have appeared as counsel in regulatory proceedings pursuant to the Telecommunications Act such as rate and service applications, applications for entry, licensing, the provision of competitive domestic and international telecommunications services including resale and sharing applications for forbearance from regulation, Canadian ownership and control, competitive disputes, as well as consideration of CRTC jurisdiction respecting the Internet and Internet Service Providers; and
• Relative to Industry Canada, we have acted as counsel in the context of major licensing initiatives and transfers of licences pursuant to the Radiocommunication Act including domestic and global satellite services, wireless services including cellular telephone, paging, public cordless telephone service, policy proceedings to define licensing criteria for new services, the Telecommunications Policy Review, foreign ownership issues and proceedings which culminated in the drafting of new legislation and regulations.

Broadcasting, Specialty Services and Broadcasting Distribution

Although Canada is experiencing convergence, broadcasting communications matters are regulated by the CRTC separate from telecommunications under the administration of the Broadcasting Act and the establishment of policy by the Government through the Department of Canadian Heritage. Experience with respect to the broadcasting sector has included the following:

• Relative to the CRTC, acting on behalf of clients in a wide variety of proceedings including licensing of radio, television and specialty undertakings, cable television, satellite and other wireless broadcasting distribution undertaking activities, authority for the transfer of licences as a result of acquisitions or mergers, foreign ownership issues, licence renewals, competitive disputes and policy proceedings as well as CRTC jurisdiction with respect to conventional and new media services relative to Internet distribution;
• In the CRTC proceedings described above, we have acted on behalf of applicants for licences to be issued by the CRTC, as well as interested parties in interventions either supporting or opposing applications filed by others; and
• Relative to major acquisitions and financings of companies in this regulated sector, we have provided comprehensive legal advice to the companies involved and financial institutions.

Copyright

Leveraging the firm's intellectual property expertise, the Group has acted on behalf of a range of clients respecting legislative developments in the area of copyright, applications for approval of tariffs for the collective administration of copyright and court challenges respecting decisions of the Copyright Board of Canada.

Mergers and Acquisitions

Drawing upon the strengths inherent in a team approach, lawyers in the Group have provided the regulatory component in major corporate transactions. This has included securing regulatory approvals where required and guidance with respect to limitations on foreign ownership in both the telecommunications and broadcasting sectors.

International

Stikeman Elliott has provided counsel to private sector clients and to a number of governments and administrations as a result of the World Trade Organization Agreement on Basic Telecommunications. Some of the countries and administrations include: Italy, Belgium, Hungary, Romania, South Africa, India, Pakistan, Bangladesh, Chile, Solomon Islands and the Bahamas.

Legislation

Members of our Group have advised government departments and private sector clients in the drafting of legislation and legislative amendments with respect to the Telecommunications Act, the Broadcasting Act, the Radiocommunication Act, the Telesat Canada Act, and the Teleglobe Canada Reorganization and Divestiture Act.

Privatization

There have been significant privatization activities in Canada regarding the telecommunications sector and Stikeman Elliott has acted for the Canadian Government as vendor, for a Crown Corporation being privatized, and for potential purchasers of companies being privatized. The Communications Group, in association with other relevant practice groups in the firm, has provided wide-ranging advice and legal services to both structure and execute the privatization mandates. This includes advice on securities and financial aspects through to the policy and legislative drafting required to complete the privatization. In addition, with the benefit of experience gained in the Canadian context, the relevant practice groups in Stikeman Elliott have also provided advice on privatization activities in other jurisdictions.

Lawful Access

Members of our Group have been key players in the development in Canada of legislation requiring telecommunications carriers to build and maintain capability to provide lawful access to telecommunications and related data by law enforcement and national security agencies, and have advised a variety of clients with respect to compliance with lawful access requirements.

Unsolicited Telecommunications

Canada has long had rules respecting the use of telecommunications technologies for marketing, informational and charitable purposes, including Unsolicited Telecommunications Rules, a National Do Not Call List, and most recently, broad-based anti-spam legislation. Lawyers in the Communications Group have assisted a variety of clients in navigating the complexities of these rules and their enforcement.

Recognition for Our Work

Our Communications Group is noted in Chambers Global 2011 as a leading law firm in the telecommunications industry, and further noted as a "respected group, praised for its regulatory capacity in both telecoms and broadcasting," and for its involvement "in a number of high-profile mandates, including acting for Shaw Communications on jurisdictional questions concerning the CRTC before the Federal Court of Appeal." Members of the Group have been recognized and cited by a variety of domestic and international directories, such as Chambers Global: Guide to the World's Leading Lawyers for Business and Guide to the World's Leading Telecommunications Lawyers, The International Who's Who of Regulatory Communications Lawyers, The Best of the Best, Lexpert's Guide to the Leading 500 Lawyers in Canada, The Canadian Legal Lexpert Directory, PLC Which Lawyer?, The Best Lawyers in Canada, PLC Cross-border Media & Communications Handbook, and The Telecommunications Law Guide.

Among our Group members are:

• Gregory Kane, QC, the head of the Group, has been cited as a Canadian leader in the sector by Chambers Global: "'He has terrific judgment and really knows his stuff,' say sources, while others laud his years of experience. He acts for clients in copyright, regulatory, satellite and privatization matters in front of the CRTC, Industry Canada and Canadian Heritage." Sources note he is "'fantastic - a key player in CRTC regulatory work' and '[h]e's the star of the show and a real old-school gentleman'".
• Lawson A. W. Hunter, QC is a former Executive Vice-President and Chief Corporate Officer of Bell Canada and BCE Inc., where he was responsible for overseeing regulatory, governmental relations and corporate affairs. He is also a former Commissioner of Competition. Mr. Hunter is recognized as a world leader in competition/antitrust law and telecommunications.
• Nicholas McHaffie is head of the litigation group in Stikeman Elliott's Ottawa office. His practice includes both regulatory and intellectual property aspects of telecommunications and broadcasting. He has represented clients before the Federal Court of Canada, the Federal Court of Appeal and the Supreme Court of Canada on telecommunications and broadcasting matters, including recent experience on the CRTC's reference regarding the status of ISPs under the Broadcasting Act. He has also acted for clients before the Copyright Board and Federal Court of Appeal in tariff proceedings under the Copyright Act.
• David B. Elder is a former Legal Counsel to the CRTC and Vice President, Regulatory Law with Bell Canada, where his practice and managerial responsibilities dealt with a wide variety of matters relating to the regulation of broadcasting and telecommunications in Canada, as well as developments in the areas of privacy, security, lawful access to private communications, electronic commerce and new media. He also acted as Bell Privacy Ombudsman and Senior Regulatory Counsel to Bell ExpressVu (now BellTV). David is recognized by Chambers Global as being "highly recommended for his substantial knowledge of telecoms, broadcasting, privacy and lawful access issues."
• Paul Beaudry is a former senior policy advisor to a federal Minister of Industry Canada and contributed to two landmark government decisions that modernized telecommunications regulatory framework and accelerated de-regulation of local telephony.
• Stuart McCormack is head of the Intellectual Property Group and has led appearances before the Copyright Board of Canada on matters relating to, among other things, retransmission royalties payable by cable companies, the jurisdiction of the Board over internet television "broadcasting," and levies payable on blank recording media.

Recent Group Activities

Communications article published in newsletter
David Elder and Lindsay Gwyer's article "CRTC Rattles Sabre at ISPs Who Breach Internet Traffic Managment Rules" was published in the November 2011 issue of the Internet & E-Commerce Law in Canada Review.

Advertising/Marketing in a Social Media World seminar in Ottawa
Members of the Competition & Foreign Investment, Communications and Intellectual Property Groups will be hosting a breakfast seminar on "Advertising and Marketing in a Social World" on November 30 in Ottawa. For more information or to RSVP click here.

Ottawa lawyers participate in communications conference 
Lawson Hunter discussed foreign ownership in the telecom sector, David Elder covered privacy issues and Paul Beaudry moderated a panel on bandwidth billing at the annual conference of the International Institute of Communications (Canada Chapter), which took place November 28 & 29 in Ottawa.

Lawyer named Vice-Chair of CBA Communications Law Section
David Elder has been appointed as the new Vice-Chair of the National Entertainment, Media and Communications Law Section of the Canadian Bar Association.

Communications lawyer quoted in The Wire Report
David Elder, author of the Canada chapter of Getting the Deal Through: Telecoms and Media, is quoted in The Wire Report's recent article about the publication.

Communications lawyer authors Canada chapter of Telecoms and Media 2011 
David Elder recently authored the Canada chapter of Getting the Deal Through - Telecoms and Media 2011. The publication provides an overview of changes to telecommunications regulation in 48 worldwide jurisdictions over the last year. Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - Telecoms and Media 2011, (published in May 2011; contributing editors Laurent Garzaniti and Natasha Good - Freshfields Bruckhaus Deringer LLP). For further information please visit www.GettingTheDealThrough.com."

Ottawa Lawyer David Elder quoted in Bloomberg
David Elder is quoted in Bloomberg story "Canada Election Result Bloggers Face Fines Under 1938 Law" re a ban on social media reporting of election results.

Spam and Privacy Seminar
On April 13, Stikeman Elliott held a breakfast seminar entitled "Spam and Privacy Update: are you compliant?" David Elder and Karen Jackson were the speakers. Please click here for the seminar materials.

Communications Group launches its blog: CanadianCommunicationsLaw.com
The Communications Group is pleased to announce the launch of its Canadian Communications Law blog, the seventh and latest addition to the firm's blog network. The blog features information and commentary on legal, legislative and policy developments including, radio and television broadcasting, cable and satellite distribution, new media and internet content, broadcasting and internet copyright issues, wireless telecommunications, competition in broadcasting and telecommunications markets, unsolicited telecommunications, Do Not Call List and anti-spam requirements. Sign-up today for regular updates, via email or RSS, at www.CanadianCommunicationsLaw.com or follow us on Twitter @CdnCommLaw.

David Elder joins Ottawa office
Stikeman Elliott welcomes David Elder in the Ottawa office. David will be a member of the firm's Telecommunications, Government Relations and Competition Practice Groups.

Telecommunications study co-authored by Lawson Hunter
Lawson Hunter of the firm's Telecommunications Group has co-authored "Scrambled Signals: Canadian Content Policies in a World of Technological Abundance," published by the C.D. Howe Institute. The study discusses how regulations traditionally used to foster Canadian content in the broadcasting and telecommunications sector will not be viable in the unfolding digital world.  

Media Mentions

Ottawa lawyer quoted in Financial Post
David Elder is quoted in a recent article in the Financial Post called "Time to take steps assuring compliance on new spam law".

Ottawa lawyer on BNN's Headline 
Lawson Hunter appeared on Business News Network's Headline session "Communications & Media: Still in Need of Protection?" discussing Canada's media and communications sector and protection by the federal government.