1 Court File No.: [By hand] T-1480-19 FEDERAL COURT ALLIANCE NATIONALE DE L’INDUSTRIE MUSICALE Applicant and CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION Respondent NOTICE OF APPLICATION (s. 300 of the Federal Court Rules, ss. 16(1), 16(3), 20(1) and 24(1) of the Canadian Charter of Rights and Freedoms, ss. 21, 22, 27, 28, 30, 41, 77, 80, 81 and 82 of the Official Languages Act and ss. 3, 18 and19 of the Broadcasting Act) TO THE RESPONDENT: A PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the applicant. The relief claimed by the applicant appears on the following page.

THIS APPLICATION will be heard by the Court at a time and place to be fixed by the Judicial Administrator. Unless the Court orders otherwise, the place of hearing will be as requested by the applicant. The applicant requests that this application be heard at Ottawa.

IF YOU WISH TO OPPOSE THIS APPLICATION, to receive notice of any step in the application or to be served with any documents in the application, you or a solicitor acting for you must file a notice of appearance in Form 305 prescribed by the Federal Courts Rules and serve it on the applicant’s solicitor or, if the applicant is self-represented, on the applicant, WITHIN 10 DAYS after being served with this notice of application.

Copies of the Federal Courts Rules, information concerning the local offices of the Court and other necessary information may be obtained on request to the Administrator of this Court at Ottawa (telephone 613-992-4238) or at any local office.

2 IF YOU FAIL TO OPPOSE THIS APPLICATION, JUDGMENT MAY BE GIVEN IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. September 9, 2019 ISSUED BY: [By hand:] [French] Original signed by M. Netley Address of local office: Pacific Centre P.O. Box 10065 701 West Georgia Street Vancouver, British Columbia V7Y 1B6 TO: Canadian Radio-television and Telecommunications Commission Les Terrasses de la Chaudière 1 Promenade du Portage Gatineau, Quebec J8X 4B1 Commissioner of Official Languages 30 Victoria Street, 6th Floor Gatineau, Quebec K1A 0T8

3 APPLICATION This application is made under

section 300 of the Federal Courts Rules, subsections 16(1), 16(3), 20(1) and 24(1) of the Canadian Charter of Rights and Freedoms (the “Charter”), sections 21, 22, 27, 28, 30, 41, 77, 80, 81 and 82 of the Official Languages Act, RSC 1985, c. 31 (4th Supp) (the “OLA”), and sections 3, 18 and 19 of the Broadcasting Act, SC 1991, c 11. The applicant makes application for a judgment DECLARING THAT the notice required of the Canadian Radio-television and Telecommunications Commission (the “CRTC”) under

section 19 of the Broadcasting Act is a communication or service within the meaning of

Part IV of the OLA and subsection 20(1) of the Charter; DECLARING THAT the CRTC had a duty under

Part IV of the OLA and subsection 20(1) of the Charter to cause notice of equal quality in both official languages to be published of the public hearings that resulted in Broadcasting Decision CRTC 2012-629 (“Decision 2012-629”); DECLARING THAT, to fulfill its duty to cause notice of equal quality in both official languages to be published of the public hearings that resulted in Decision 2012-629, the CRTC had a duty to adapt, for Francophone and Acadian minority communities (“FCMs”), the notice caused to be published under

section 19 of the Broadcasting Act, so as to foster their participation; DECLARING THAT the notice caused to published by the CRTC under

section 19 of the Broadcasting Act of the public hearings that resulted in Decision 2012-629 was not of equal quality in both official languages, contrary to

Part IV of the OLA and subsection 20(1) of the Charter;

4 DECLARING THAT

section 41 of the OLA and subsections 16(1), 16(3) and 20(1) of the Charter oblige federal institutions to consider the interests of FMCs when making decisions that could affect them; DECLARING THAT, under

section 41 of the OLA and subsections 16(1), 16(3) and 20(1) of the Charter, the CRTC has a duty to notify representatives of FMCs of its public hearings when it appears that these will have a particularly negative impact on FMCs, be it before or during the public hearings, so as to foster FMC participation; DECLARING THAT, under

section 41 of the OLA and subsections 16(1), 16(3) and 20(1) of the Charter, the CRTC had a duty to notify representatives of FMCs of the public hearings that resulted in Decision 2012-629 so as to foster their participation; DECLARING THAT the CRTC failed to notify representatives of FMCs of the public hearings that resulted in Decision 2012-629, contrary to

section 41 of the OLA and subsections 16(1), 16(3) and 20(1) of the Charter; ORDERING THAT the CRTC pay damages to ANIM, the quantum of which will be specified before the hearing, to fund ANIM member projects eligible for Canadian content development (“CCD”) funding under the Radio Regulations, 1986, SOR/86- 982 (“Radio Regulations”), as an appropriate and just remedy under subsection 77(4) of the OLA and subsection 24(1) of the Charter for the harm caused to ANIM members as a result of the CRTC’s violations of the OLA and the Charter; ORDERING THAT, in its broadcasting decisions, the CRTC, over a period of time to be specified before the hearing, impose the conditions of licence required to increase licensees’ annual contributions to MUSICACTION up to a quantum to be

5 specified before the hearing so as to fund FMC initiatives that are eligible for CCD funding under the Radio Regulations, as an appropriate and just remedy under subsection 77(4) of the OLA and subsection 24(1) of the Charter for the harm caused to FMCs as a result of the CRTC’s violations of the OLA and the Charter; DECLARING THAT this matter raises an important new principle within the meaning of subsection 81(2) of the OLA; ORDERING ANY OTHER remedy that the Honourable Court may deem appropriate; WITH COSTS, in any event of the cause. The grounds for the application are as follows: A. Applicant 1.

The Alliance nationale de l’industrie musicale (“ANIM”) is the representative organization of the music industry of Francophone and Acadian communities outside Quebec (the equivalent of the Association québécoise de l’industrie du disque, du spectacle et de la vidéo (“ADISQ”) in Quebec). 2. Established in 2002, ANIM is a non-profit organization incorporated under the Canada Not-for-profit Corporations Act, SC 2009, c 23; it is managed by a board of directors elected by its members. 3. ANIM represents its members before public and para-public bodies.

Its services include development, information, publication, promotion and vocational training. ANIM’s members represent all artists and professionals of the FMC music and song industry. 4. ANIM’s mission is to actively participate in and oversee the consolidation, growth and development of the music industry in Francophone and Acadian communities while supporting its members’ efforts to achieve their individual and collective goals.

6 5. ANIM’s members include producers, artists’ managers, record companies and other support trades, as well as industry, artist and cultural associations. B. Respondent 6. The CRTC is a commission created by

an Act of Parliament, the Canadian Radio- television and Telecommunications Commission Act, RSC 1985, c C-22. 7. The CRTC is a federal institution subject to the OLA and to sections 16 and 20 of the Charter. In accordance with

section 3 of the OLA, “federal institutions” include “any board, commission or council, or other body or office, established to perform a governmental function by or pursuant to

an Act of Parliament or by or under the authority of the Governor in Council”. 8. The CRTC performs a governmental function by or pursuant to two acts of Parliament, the Broadcasting Act, SC 1991, c 11 (“Broadcasting Act”), and the Telecommunications Act, SC 1993, c 38. 9. In broadcasting, the CRTC has two separate functions: under

section 9 of the Broadcasting Act, making decisions regarding licences for broadcasting undertakings and, under

section 10 of the Broadcasting Act, developing regulations to govern the conditions for operating broadcasting undertakings. 10. Under

section 18 of the Broadcasting Act, the CRTC must hold a public hearing in connection with all decisions regarding the issue, amendment or renewal of a licence. 11. Under

section 19 of the Broadcasting Act, the CRTC has a duty to warn the public of public hearings to be held in relation to decisions regarding the issue or renewal of a licence. 12. The procedure governing public participation in CRTC hearings is described in the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, SOR/2010-277 (the “Rules”). Under

section 26 of the Rules, any interested person may participate in a CRTC hearing by written intervention, but may also participate in person.

7 C. Canadian broadcasting content

Section 3 of the Broadcasting Act describes the Canadian broadcasting policy. This provision stipulates that the broadcasting system must “contribute . . . to the creation and presentation of Canadian programming” and that distribution undertakings “should give priority to the carriage of Canadian programming services” and may “originate programming, including local programming” and “provide access for underserved linguistic and cultural minority communities”. 14.

In order to implement this policy to maintain Canadian content in Canada’s broadcasting system, a mechanism by which broadcasters make financial contributions to initiatives promoting CCD was established under the Radio Regulations. Broadcasters’ contributions to the various initiatives eligible for CCD are fixed in decisions regarding applications for new licences or licence renewals. 15.

Initiatives that qualify for CCD support include financial support for the Foundation Assisting Canadian Talent on Recordings (“FACTOR”) and Fondation Musicaction (“MUSICACTION”), the two main funds dedicated to supporting a range of Canadian artists, and the Community Radio Fund of Canada (“CRFC”). D. Sirius XM contributions to CCD 16. With over 2.8 million subscribers, Sirius XM Canada Inc. (“Sirius XM”) is the country’s leading audio entertainment company.

8 17. Sirius XM is the product of the merger of Canadian Satellite Radio Inc. (“ CSR”) and Sirius Canada Inc. (“ SCI”), the first companies to be granted satellite subscription radio licences in Canada. 18. When CSR and SCI arrived in the Canadian broadcasting system, English- language and French-language initiatives were receiving equal CCD contributions from these broadcasters. 19.

Under Broadcasting Decision CRTC 2005-246 (“Decision 2005-246”) and Broadcasting Decision CRTC 2005-247 (“Decision 2005-247”), the CRTC required CSR and SCI to contribute 5% of their gross annual revenues to CCD, with 50% of this going to initiatives encouraging Canadian French-speaking talent (i.e., 2.5% of their gross annual revenues) and 50% to initiatives encouraging Canadian English-speaking talent (i.e., 2.5% of their gross annual revenues). 20.

Before Decision 2012-629, both CSR and SCI agreed to pay 25% of their CCD contributions to MUSICACTION (i.e., 1.25% of their gross annual revenues) and 25% of their CCD contributions to FACTOR (i.e., 1.25% of their gross annual revenues). E. MUSICACTION and its contributions to FMCs 21. Established in 1985, MUSICACTION is a non-profit organization incorporated under the Canada Not-for-profit Corporations Act, SC 2009, c 23, that promotes the development of Canada’s Francophone and Acadian music industry.

It does this by supporting the production and marketing of sound recordings and fostering French-language collective promotion activities in Canada. 22. MUSICACTION’s mandate includes developing Francophone and Acadian musical culture in Canada’s minority communities, and the foundation offers a number of programs specifically for artists from minority communities.

9 23. In 2011–2012, right before the facts relevant to this application arose, MUSICACTION agreed to pay $1,592,589 to 234 FMC initiatives, equivalent to over 26% of its financial commitments. 24. From 2012 to 2017, MUSICACTION agreed to pay an average of $1,615,106 a year to FMC initiatives (267 initiatives a year on average), equivalent to 27.6% of its financial commitments during this period. 25. Since 2017, MUSICACTION has agreed to pay an average of $2,269,855 a year to FMC initiatives (314 initiatives a year on average), equivalent to 41.5% of its financial commitments. F. CRTC-OLMC Discussion Group 26.

The CRTC-OLMC Discussion Group was started as a working group in 2007, under the CRTC’s three-year action plan (2006–2009). 27. ANIM has been part of the working group and the CRTC-OLMC Discussion Group since the groups were created. It is still part of the CRTC-OLMC Discussion Group today. 28. In 2012, the CRTC-OLMC Discussion Group did not share emails regarding public hearings with FMC representatives. G. Informational imbalance regarding the impact of CRTC decisions on FMCs 29.

FMC representatives do not have the resources or expertise to assess t he impact that a CRTC decision might have on their communities. The CRTC, on the other hand, has specific expertise in this area. 30. FMC representatives cannot identify the impact of CRTC decisions on their communities without the CRTC providing them with inf ormation in this regard, either through specific notice or through a focus group.

10 31. The CRTC states, in its annual reports on official languages, that it conducts an analysis for each of its files to determine whether they will have an impact on FMCs. The CRTC also states that the purpose of this analysis is to inform its Commissioners of issues affecting FMCs that will be the subject of deliberations and decision -making processes. 32. These analyses are not public and are not shared with FMCs. 33. The public notices provided by the CRTC regarding public hearings contain neither details of these analyses nor details regarding the impact the proposed decision could have on the FCMs. 34.

The public notices provided by the CRTC do not adequately allow the FMCs to identify the impact a decision will have on their communities. 35. The CRTC does not provide any additional public notice if new facts are discovered or new issues are raised during a public hearing . H. Decision 2012-629 and harm caused to FMCs i. Decision 2012-629 36. On November 16, 2012, the CRTC published Decision 2012-629, which established the terms and conditions of Sirius XM’s licence. 37.

In Decision 2012-629, the CRTC established for the first time the terms and conditions of Sirius XM’s licence relating to MUSICAC TION and FACTOR. The relevant portion of the decision reads as follows: 76. In order to streamline and maximize the effectiveness of Sirius XM’s CCD contributions, the Commission proposed that in the next licence term Sirius XM be required to allocate its CCD contributions using the same percentages as are currently 76.

Afin de rationaliser et de maximiser l’efficacité des contributions de Sirius XM au DCC, le Conseil propose qu’au cours de la prochaine période de licence, Sirius XM soit tenu de répartir ses

11 required of terrestrial radio services (i.e. 45% to FACTOR and/or MUSICACTION and 15% to the Community Radio Fund of Canada [CRFC]). contributions au DCC selon des pourcentages identiques à ceux actuellement imposés aux services de radio terrestre (45 % à la FACTOR ou à MUSICACTION, et 15 % au Fonds canadien de la radio communautaire (FCRC)). 77. Sirius XM opposed this idea, noting that the amounts that would be paid to these organizations would be out-ofscale when compared to the contributions of more than 600 commercial stations to the same. . . . 77.

Sirius XM s’oppose à cette idée et affirme que les montants qui seraient versés à ces organismes seraient sans commune mesure comparés aux contributions versées par plus de 600 stations commerciales à ce titre. . . . Commission’s analysis and decision Analyse et décision du Conseil 79. The Commission notes Sirius XM’s willingness to streamline a portion of its CCD contributions and considers that the use of a percentage allocation would make the regulation of CCD contributions by satellite radio more consistent with the CCD scheme that applies to terrestrial radio.

The Commission further notes that the use of fixed percentages would reduce discretionary contributions and the possibility of non-compliance with respect to overall contributions, simplifying the 79. Le Conseil note la volonté de Sirius XM de rationaliser une

partie de ses contributions au

titre du DCC et estime que l’utilisation d’une répartition par pourcentage rendrait la réglementation des contributions au DCC par radio par satellite plus conforme au plan de DCC applicable à la radio terrestre. Le Conseil note également que l’utilisation de pourcentages fixes réduirait les versements discrétionnaires et le

12 auditing of compliance by the Commission. risque de non-conformité dans le cas de contributions globales, ce qui simplifierait l’exercice de vérification de conformité du Conseil. 80. The Commission considers that requiring the licensee to allocate no less than 20% of its annual CCD contribution to FACTOR, 10% to MUSICACTION and 5% to the CRFC would diminish the concern raised by the licensee regarding out-of-scale funding to MUSICACTION and the CRFC, ail while requiring the licensee to provide substantial funding to key national CCD players. The remainder may be allocated to eligible initiatives, as defined in

section 15(1) of the Radio Regulations, 1986. Accordingly, a condition of licence to this effect is set out in the appendix to this decision. . . . 80. Le Conseil estime que l’obligation faite au titulaire de consacrer au moins 20 % de ses contributions annuelles au

titre du DCC à la FACTOR, 10% à MUSICACTION et 5 % au FCRC apaiserait les préoccupations du titulaire, qui redoute des versements sans commune mesure à MUSICACTION et au FCRC tout en l’obligeant à offrir un financement substantiel aux principaux acteurs nationaux du DCC. Le reste des contributions pourrait être alloué à des projets admissibles tels que définis à l’article 15(1) du Règlement de 1986 sur la radio. Par conséquent, une condition de licence à cet égard est énoncée à l’annexe de la présente décision. . . . Conditions of licence Conditions de licence . . . . . . 13.(

a) During each broadcast year, the licensee shall contribute a minimum of 13.

a) Au cours de chaque année de radiodiffusion, le titulaire doit

13 4% of gross revenues from its satellite subscription radio undertakings reported in its annual returns for the previous broadcast year to eligible initiatives for the development of Canadian content development (CCD). (

b) During each broadcast year of the licence term, the licensee shall allocate its contribution under (

a) above as follows: • no less than 20% to FACTOR; • no less than 10% to MUSICACTION; • no less than 5% to the Community Radio Fund of Canada; and • • the remainder to other eligible initiatives (discretionary contribution). . . . (Emphasis added ) contribuer au moins 4 % des revenus bruts de son entreprise de radio par satellite par abonnement inscrites dans ses rapports financiers annuels pour l’année précédente de radiodiffusion à des projets admissibles au

titre du développement du contenu canadien (DCC).

b) Au cours de chaque année de radiodiffusion de la période de licence, le titulaire doit répartir sa contribution en vertu du paragraphe

a) susmentionné de la façon suivante : • au moins 20 % à la FACTOR; • au moins 10 % à MUSICACTION; • au moins 5 % au Fonds canadien de la radio communautaire; • le solde à d’autres projets admissibles (contribution discrétionnaire). . . . (Emphasis added.)

14 38. The CRTC thus established, in Decision 2012-629, that Sirius XM was to devote only half as many annual CCD contributions to MUSICACTION as to FACTOR. Rather than receiving 25% of Sirius XM’s CCD contributions, as was the case previously, MUSICACTION has been receiving o nly 10% since Decision 2012-629. 39. Decision 2012-629 also reduced Sirius XM’s CCD contributions to 4% of its gross revenues. Rather than receiving 2 5% of 5% of Sirius XM’s gross revenues, MUSICACTION now receives only 10% of 4% of those revenues. 40.

The unequal distribution of Sirius XM’s CCD contributions between MUSICACTION and FACTOR persists to this day. ii. The CRTC gave no specific notice to the FMCs’ representatives regarding Decision 2012-629 and the impact it could have on their communities. 41. Despite the significant changes to the terms and conditions of Sirius XM’s licence (providing for unequal contributions to FACTOR and MUSICACTION) and their negative impact on the FMCs, the latter received no specific notice from the CRTC on this subject, neither befo re nor during the public hearing. 42.

The impact that Decision 2012 -629 could have on Sirius XM’s contributions to MUSICACTION and accordingly on the interests of the FMCs were not discussed at all during the meetings of the CRTC -OLMC Discussion Group. 43. The CRTC sent no email to the FCMs’ representatives regarding Decision 2012-629. 44. It was not until after the publication of Decision 2012-629 that ANIM became aware of the decreased and unequal contribution from Sirius XM to MUSICACTION and the negative impact the decision will have for its members.

15 45. On January 28, 2013, ANIM, ADISQ, the Professional Music Publishers’ Association (“APEM”) and the Société professionnelle des auteurs et des compositeurs du Québec (“SPACQ”) sent a letter to the CRTC complaining about the unequal distribution between MUSICACTION and FACTOR of Sirius XM’s CCD contributions set out in Decision 2012-629 and about the lack of transparency in connection with that decision . 46.

In this letter, ANIM, ADISQ, APEM and SPACQ lament the fact that the CRTC did not give any advance notice of this unequal distribution, and that the representatives of the francophone and Acadian music industry were therefore unable to make submissions during the public hearings . 47. The CRTC responded to the letter from ANIM, ADISQ, APEM and SPACQ on February 26, 2013, explaining that it was only during the public hearings that the question of the distribution of contributions between MUSICACTION and FACTOR arose. 48.

ANIM filed a complaint with t he Commissioner of Official Languages of Canada (“COL”) against the CRTC on September 6, 2013, alleging a violation of parts IV and VII of the OLA in Decision 2012 -629. 49. In July 2019, ANIM received, almost six years after its complaint was filed, the COL’s final investigation report. iii. Harm to FMCs caused by Decision 2012-629 50. FMCs suffered a huge financial impact as a result of Decision 2012 -629. 51. In 2013––2014, MUSICACTION received $770,740 from satellite radio undertakings. FACTOR received $1,935,426 in that same time period.

16 52. In 2014–2015, MUSICACTION received $1,126,967 from satellite radio undertakings. FACTOR received $2,418,671 in that same time period. 53. In 2015–2016, MUSICACTION received $1,174,981 from satellite radio undertakings. FACTOR received $2,785,727 in that same time period. 54. In 2016–2017, MUSICACTION received $1,254,010 from satellite radio undertakings. FACTOR received $2,735,377 in that same time period. 55. In 2017–2018, MUSICACTION received $1,437,381 from satellite radio undertakings. FACTOR received $3,249,261 in that same time period. 56.

In 2018–2019, MUSICACTION received $1,360,591 from satellite radio undertakings. FACTOR received $2,962,492 in that same time period. 57. MUSICACTION received a total of $7,124,670 from satellite radio undertakings over a six-year period. This figure would be as high as $14,249,340 if the CRTC had ordered, in Decision 2012 -629, that Sirius XM be required to make a contribution to MUS ICACTION equivalent to that made to FACTOR (i.e., 20% (rather than 10%) of 4% of Sirius XM’s gross revenues) . 58. During the 2013 –2019 period, an average of 33% of MUSICACTION’s total funding was awarded to FMC projects.

That amounts to $2,350,000 over a six - year period that the FMC music industry was unable to benefit from. I. Legal basis 59. Subsection 20(1) of the Charter provides that “[a]ny member of the public in Canada has the right to communicate with, and to receive available servi ces from, any head or central office of an institution of the Parliament or government

17 of Canada in English or French, and has the same right with respect to any other office of any such institution where (

a) there is a significant demand for communications with and services from that office in such language; or (

b) due to the nature of the office, it is reasonable that communications with and services from that office be available in both English and French”.

Section 21 of the OLA confirms the public’s right to “communicate with and to receive available services from federal institutions in accordance with [Part IV of the OLA]”.

Section 22 of the OLA provides that federal institutions must “ensure that any member of the public can communicate with and obtain available services from its head or central office in either official language” from its offices located either in the National Capital Region or where there is significant demand for the use of that languag e. 62. Under

section 27 of the OLA, the “duty in respect of communications and services in both official languages . . . applies in respect of oral and written communications”.

Section 28 of the OLA provides that federal institutions are responsible for making an active offer of their services in both official languages. 64. Under

section 30 of the OLA, federal institutions that are “engaged in communications with members of the public in both official languages . . . shall communicate by using such media of commun ication as will reach members of the public in the official language of their choice in an effective and efficient manner that is consistent with the purposes of this Act”. 65. CRTC notices of public hearings held in connection with the licensing or renewal process constitute a “service to the public” for the purposes of

Part IV of the OLA and subsection 20(1) of the Charter, and must therefore be of equal quality in both officia l languages.

18 66. Under the Charter and the OLA, the communications and services of federal institutions must meet the standard of substantive equality. Substantive equality requires positive measures by the government and may mean that measures must be adapt ed to minority language communities, according to their particular circumstances and needs. 67. In order for CRTC notices issued under

section 19 of the Broadcasting Act to meet the substantive equality standard, they must be tailored to the needs of minority language communities. 68. Subsection 16(1) of the Charter provides that “English and French are the official languages of Canada”, and confirms the equal status, rights and privileges of English and French in Canada. 69. Subsection 16(3) of the Charter confirms Parliament’s responsibility to advance the equality of status of the official languages of Canada. 70.

Subsections 41(1) and 41(2) of the OLA state that “[t]he Government of Canada is committed to enhancing the vitality of the English and French linguistic minority communities in Canada and supporting and assisting their development; and fostering the full recognition and use of both English and French in Canadian society”, and that “[e]very federal institution has the duty to ensure that positive measures are taken for the implementation of the commitments under subsection (1)”. 71.

The duty set out in subsection 41(2) of the OLA requires federal institutions, such as the CRTC, to act in a manner that will not hinder the vitality and development of English and French linguistic minority communities in Canada by taking into account the impact that their decisions and activities may have on the communities. 72. In order to promote the use of both official languages and enhance the vitality of FMCs under

Part VII of the OLA , the representatives of the FMCs must at least be kept informed of the progress of public hearings that concern them so they can file interventions.

19 73.

Part VII of the OLA requires that, when an application for a new licence or for a licence renewal or amendment deals with the broadcaster’s contribution to MUSICACTION, the CRTC must notify the representatives of FMCs so they can attend the relevant public hearings. This is also the case when, during the process, it becomes apparent that the broadcaster’s contribution to the funds benefiting FMCs will be the subject of a CRTC deci sion. The obligation under

Part VII of the OLA to keep the FMCs informed of public processes that concern them, in order to encourage their participation, does not cease once hearings have begun. 74. The constitutional principle of the protection of minority r ights is one of the underlying principles of the Constitution influencing its application and

interpretation and the rights protected by the Charter. This principle has normative force and full legal effect, i.e., it places substantive limits on government action. It gives rise to both abstract and general governmental obligations and to specific and precise obligations.

Section 77 of the OLA provides that anyone who has made a complaint to the COL may apply to the Court and the Court may grant such remedy as it considers appropriate and just in the circumstances.

Section 24 of the Charter provides that any person whose Charter rights have been violated may apply to the Court for such remedy as the Court considers appropriate and just in the circumstances the circumstances.

Section 80 of the OLA provides that the application shall be heard and determined in a

summary manner.

Section 82 of the OLA provides for the quasi -constitutional nature of the OLA. 79. Language rights must in all cases be interpreted purposively, in a manner consistent with the preservation and development of official language communities in Canada.

20 J. Costs 80. Since this proceeding raises important new principles, both under the Charter and the OLA, ANIM requests that it be awarded its costs, in any event of the cause, pursuant to subsection 81(2) of the OLA. This application will be supported by the following material: Affidavit of Benoit Henry, to be sworn; Other affidavits, served on the parties and filed with the Court under the Federal Courts Rules, to be sworn; Any other document deemed relevant, served on the parties and authorized to be produced by this Honourable Court.

Pursuant to Rule 317(2) of the Federal Courts Rules, the applicant requests the CRTC to send a certified copy of the following material that is not in the possession of the applicant but is in the possession of the CRTC to the applicant and to the Registry:

a) CSR’s application for a licence that led to Decision 2005 -246 (“CSR Application”)

b) SCI’s application for a licence that led to Decision 2005 -247 (“SCI Application” and together with the CSR Application, the “ Licence Applications”)

c) CSR’s and CSI’s answers to the CRTC’s questions on the Licence Applications.

d) Any documents provided by CSR or CSI in support of the Licence Applications

e) Any documents, correspondence, notes or other materials mentioning, presenting, considering or evaluating the Licence Applications

f) Memorandums sent to CRTC Commissioners to explain the impact of the Licence Applications on official language minority communities

g) Any “Document at a Glance” accompanying the memorandums sent to CRTC Commissioners to explain the impact of the Licence Applications on official language minority communities

h) Any documents, correspondence, notes or other materials mentioning, presenting, considering or evaluating the impact of the Licence Applications on official language minority communities

i) Any documents setting out the positive measures taken, or planned to be taken, to respond to the needs of official language communities with regard to the Licence Applications, in Decision 2005-246 and Decision 2005-247

j) Any emails sent to representatives of official language minority communities to inform them of the process relating to Decision 2005 -246 and Decision 2005-247

k) Any annual reports or other submissions filed by CSR or SCI with the CRTC in accordance with the conditions of their broadcasting licences (and specifically, without limiting the generality of the foregoing, the annual reports and additional information to be filed in accordance with condition 7 of Decision 2005-246 and Decision 2005-247) 1) The amounts paid by CSR and CSI each year for CCD or Canadian talent development

m) The licence renewal application filed by Sirius XM that led to Decision 2012-629 (“Sirius XM Application”)

n) Sirius’s answers to the CRTC’s questions relating to the SiriusXM Application

o) Any documents provided by Sirius XM in support of the Sirius XM Application

p) Any documents, correspondence, notes, or other materials mentioning, presenting, considering or evaluating the Sirius XM Application

q) Memorandums sent to CRTC Commissioners to explain the impact of the Sirius XM Application on official language minority communities

r) Any “Document at a Glance” accompanying the memorandums sent to CRTC Commissioners to explain the impact of the Sirius XM Application on official language minority communities

s) Any documents, correspondence, notes, or other materials mentioning, presenting, considering or evaluating the impact of the Sirius XM Application on official language minority communities

t) Any documents setting out the positive measures taken, or planned to be taken, to respond to the needs of official language communities with regard to the Sirius XM Application and Decision 2012-629

u) Any emails sent to representatives of official language minority communities to inform them of the process relating to Decision 2012-629

v) Any documents, notes, agendas, minutes, summaries or other materials related to the discussions regarding the Sirius XM Application during meetings of the OLMC-CRTC Discussion Group

w) Any documents detailing the results of meetings with representatives of official language minority communities concerning the Sirius XM Application and Decision 2012-269

x) The minutes of the meeting of the OLMC-CRTC Discussion Group held on November 30, 2011

y) Any reports or other submissions filed by Sirius XM with CRTC in accordance with the conditions of its broadcasting licence (and specifically, without limiting the generality of the foregoing, the annual reports and filed in accordance with conditions 17 and 18 of Decision 2012-629)

z) The amounts paid by Sirius XM each year for CCD or Canadian talent development aa) The CRTC’s three-year action plans from 2004 to present bb) The CRTC’s annual reviews of official languages and/or reports on the implementation of

section 41 of the OLA, from 2004 to present cc) The CRTC’s policies, directives or other internal procedures related to CCD contributions dd) Without limiting the generality of the foregoing, any document relating to the adjudication of the allegations contained in this Notice of Application.

24 September 9, 2019 POWER LAW 401 West Georgia Street, Suite 1660 Vancouver, British Columbia V6B 5Al Tel.: 778-771-5854 Fax: 778-771-5854 Email: melaniepower@juristespower.ca Counsel for the Applicant