OTTAWA and TORONTO – The Federal Court has quashed the government’s decision that found Globalive Canadian enough to operate its Wind Mobile wireless service.
According to a Globe and Mail report, Mr. Justice Roger Hughes of Federal Court said Friday that the Cabinet’s decision “was based on errors of law and must be quashed”. The decision does not go into effect for 45 days which allows Globalive to keep operating for now, and allows it the chance to go back to the CRTC.
Globalive chair Anthony Lacavera said that he is “very disappointed” with the decision but vowed not throw in the towel.
"We are currently examining our options but this is not over yet. We don’t intend to back down”, he said in a statement. "I am a proud Canadian and Wind Mobile, like the entire Globalive group of companies, is proudly Canadian. We won’t let this be a set-back for wireless competition in Canada and are consulting with our advisors to determine our next steps."
The appeal was brought by wireless competitor Public Mobile, which claimed that Cabinet exceeded its authority when it allowed Globalive to launch its Wind Mobile brand despite the fact that the CRTC had determined that it wasn’t sufficiently Canadian-owned or controlled.
“From the beginning, we have maintained that we are fully compliant with the rules”, Lacavera added. “Industry Canada saw this clearly. Cabinet saw this clearly. This Court decision does not suggest that Cabinet got it wrong, only that Cabinet made two errors in explaining their rationale and characterizing the decision."
