Telecom Notice of Consultation CRTC 2019-406 Recommendation #1
Telecom Notice of Consultation CRTC 2019-406 is a call for comments regarding potential barriers to the deployment of broadband-capable networks in underserved areas in Canada.
It is recommended that…
1.1 Internet be declared an essential service
Broadband Internet should be declared an essential service and equitable access to the Internet be a right of every Canadian as entrenched in the Charter of Rights and Freedoms based on the principle of “equality before and under law and equal protection and benefit of law,”(Canadian Charter of Rights and Freedoms), because in the digital age, equitable access to the Internet is a determinant of one’s equal access to healthcare, education, government, and ability to earning a living[i] including the Right to “pursue the gaining of a livelihood.”(Canadian Charter of Rights and Freedoms).[ii] It is noteworthy to consider that United Nations, as far back as June 29, 2012, declared that, “The promotion, protection and enjoyment of human rights on the Internet,” to be fundamental to, “all Rights under Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.”[iii] The Standing Committee on Industry, Science and Technology, in their April 2018 report, “Broadband Connectivity in Rural Canada: Overcoming the digital divide,” stated, “that broadband Internet amounted to an essential service.”[iv] The Auditor General, in her 2018, “Report 1—Connectivity in Rural and Remote Areas,” stated that, “Broadband Internet provides access to essential services.”[v] Furthermore, Bernadette Jordan, in her former role as Minister of Rural Economic Development responsible for administering the Connect to Innovate program and Navdeep Bains Minister of Innovation, Science and Economic Development frequently stated that Internet is an essential service. [vi] [vii] Jean-Pierre Blais, prior chairman for the Commission, announced that the CRTC considers broadband Internet as an essential service for Canadians, on par with the telephone. [viii]
The Broadcast and Telecommunications Legislative Review (BLTR) panel, in their January 2020 Report said, “All Canadians deserve to live a connected life: to connect with ideas, opinions, content, news and information, people, cultures, services and economic opportunities locally, nationally and globally.”[ix] Further the Review Panel recommended that, “we also recommend that an explicit policy objective be added to the Telecommunications Act to affirm a user right to an open Internet – in which lawful content can be accessed anytime, from anywhere – in order to ensure freedom of speech and innovation”[x] In addition, the Panel stated, “Access to broadband Internet is a necessity for full participation in the digital society and economy. In a society so intensely marked by the omnipresence of instant communication, the effective ability of everyone to truly participate in social and economic life and benefit from the opportunities inherent in the digital society and economy is dependent on the ability to access broadband connectivity. Connectivity is now one of the conditions for the effective exercise of expressive freedoms. At the international level, calls for the recognition of a right to broadband connectivity are increasing. In an Affordable Access to Advanced Telecommunications Networks recent joint statement on the challenges of protecting freedom of expression in the next decade, four United Nations rapporteurs on freedom of media called for the recognition of a right to access the Internet as an essential condition for the effective exercise of freedom of expression. Enshrining the objective of universal high-speed access within the Telecommunications Act is necessary. This signals the importance of allowing Canadians to fully participate in society and the digital economy.”[xi]
The Rural Ontario Municipal Association (ROMA) recently stated, “”high-speed internet should be declared an essential service to ensure all Ontarians can enjoy the benefits of the digital economy,” says Allan Thompson, Mayor of Caledon and the head of a group representing rural communities.[xii]
Therefore, Internet is an essential service as access to it is increasingly a determinant of one’s equal access to healthcare, education, and government. Any person looking for a job, starting a business, remotely connecting to a corporate LAN, communicating with suppliers and customers, needs an Internet connection.
[i] https://www.ic.gc.ca/eic/site/smt-gst.nsf/vwapj/tprp-final-report-2006.pdf/$file/tprp-final-report-2006.pdf, page 8-4.
[ii] https://laws-lois.justice.gc.ca/eng/const/page-15.html
[iii] United Nations, General Assembly, Human Rights Council, Twentieth Session, A/HRC/20/L.13, June 29, 2012.
[iv] https://www.ourcommons.ca/Content/Committee/421/INDU/Reports/RP9711342/indurp11/indurp11-e.pdf, page 13.
[v] https://www.oag-bvg.gc.ca/internet/English/parl_oag_201811_01_e_43199.html
[vi] https://www.canada.ca/en/office-infrastructure/news/2019/07/residents-in-rural-new-brunswick-to-benefit-from-expanded-high-speed-broadband-internet-coverage.html
[vii] https://www.newswire.ca/news-releases/federal-provincial-territorial-ministers-agree-to-the-principles-of-a-canadian-broadband-strategy-that-will-improve-access-to-high-speed-internet-for-all-canadians-698727751.html
[viii] https://www.cbc.ca/news/politics/crtc-internet-essential-service-1.3906664
[ix] https://www.ic.gc.ca/eic/site/110.nsf/vwapj/BTLR_Eng-V3.pdf/$file/BTLR_Eng-V3.pdf, page 10.
[x] https://www.ic.gc.ca/eic/site/110.nsf/vwapj/BTLR_Eng-V3.pdf/$file/BTLR_Eng-V3.pdf, page 14.
[xi] https://www.ic.gc.ca/eic/site/110.nsf/vwapj/BTLR_Eng-V3.pdf/$file/BTLR_Eng-V3.pdf, page 72.
[xii] https://nationalpost.com/pmn/news-pmn/canada-news-pmn/make-broadband-an-essential-service-rural-community-leader-urges-province
[i] https://laws-lois.justice.gc.ca/eng/const/page-15.html
[ii] United Nations, General Assembly, Human Rights Council, Twentieth Session, A/HRC/20/L.13, June 29, 2012.
[iii] https://www.ic.gc.ca/eic/site/110.nsf/vwapj/BTLR_Eng-V3.pdf/$file/BTLR_Eng-V3.pdf, page 10.
[iv] https://www.ic.gc.ca/eic/site/110.nsf/vwapj/BTLR_Eng-V3.pdf/$file/BTLR_Eng-V3.pdf, page 72.
