Interesting long article in The Vancouver Sun.
Rogers uses charter claim to fight truth-in-advertising law
January 27, 2012
By Sarah Schmidt, Postmedia News
NOTE: bolding & red is mine
QUOTE: (I only quoted the introductory paragraphs - recommend reading entire article)
Rogers Communications Inc. is asking an Ontario court to strike down part of a federal law requiring a company to have "adequate and proper" tests of a product's performance before advertising claims about the product — on the grounds that it violates its freedom of expression.
In addition to taking on the performance claims provision of the Competition Act, the telecom giant is arguing before the Ontario Superior Court the hefty financial penalties that can be imposed on a company for making a false or misleading claim are also unconstitutional.
Rogers has turned to the Canadian Charter of Rights and Freedoms as part of a high-stakes fight against the Competition Bureau. The case is set to proceed in June, with time set aside for arguments and evidence about the constitutionality of key provisions of the Competition Act.
"I don't know what the court's going to do. We'll all find out, but I think both of these constitutional arguments are very interesting," James Musgrave said Thursday.