Telecom - Staff Letter addressed to the Distribution List
Ottawa, 19 January 2024
Our reference: 8633-G110-202306480, 8633-B2-202400050
By EMAIL
Distribution List
Subject: Part 1 applications regarding long distance calls in Ontario correctional facilities
In October 2023, two individuals, Ransome Capay and Vanessa Fareau, represented by Goldblatt Partners LLP (the class applicants), filed a Part 1 application (the class application) seeking clarification from the Commission on several issues pertaining to its jurisdiction over Bell Canada’s long distance calling service in Ontario correctional facilities between 2013 and 2021.
Bell Canada submitted an answer to the class application and three parties, including the Public Interest Advocacy Centre (PIAC), filed interventions. Along with its answer, Bell Canada filed a separate Part 1 application (the Bell application) seeking additional clarifications from the Commission. Bell Canada also requested that the Commission merge the two proceedings and extend the class applicants’ reply deadline in the class application to 30 days instead of the usual 10 days.
Both PIAC and the class applicants opposed Bell Canada’s procedural request. PIAC argued that Bell Canada’s application is duplicative and an abuse of process and should be returned. PIAC submitted that, should the Commission nonetheless wish to entertain the Bell application, a more fair process that prevents Bell Canada from having the last word would be as follows: on 14 February 2024 all parties not including Bell Canada file interventions on the Bell application, and on 26 February 2024 the class applicants and Bell Canada file replies on their own applications. The class applicants agreed with this approach, arguing that Bell Canada has arranged its application such that it gets the last word, instead of the class applicants who were directed by the Court of Appeal for Ontario to apply to the Commission.
Bell Canada argued that its application is not duplicative and should not be dismissed because there is uncertainty about the scope of the class application, namely with respect to whether the Commission abdicates its jurisdiction through forbearance. It submitted that it would not object to its application being dismissed if the Commission confirmed that all "areas of uncertainty" identified by the Ontario Court of Appeal were within the scope of the class applicants' application. However, if the Commission is of the view that the class application could be interpreted as having a narrower scope, then the Bell application should not be dismissed. In such a case, Bell Canada argued that the proceedings should be merged, and was not opposed to the process proposed by PIAC.
The Ministry of the Attorney General of Ontario (Ontario) informed Commission staff that it first learned of the class application on 12 January 2024, while the deadline to submit an answer was 11 January 2024. According to Ontario, Goldblatt Partners LLP failed to serve the class application on Ontario even though Ontario is inextricably involved in the very issues that gave rise to the application and even though Ontario clearly falls within the definition of a respondent who must be served under the Commission’s CRTC Rules of Practice and Procedure.
At this stage, the Commission is not making a substantive determination on the merits of Bell Canada’s arguments regarding the proper scope of the applications or whether the class application and the Bell application should be merged. As such, the two proceedings will continue to run concurrently until such time that the Commission decides on any substantive matters regarding their scope and potential merger. However, Commission staff considers it necessary at this time to establish revised filing deadlines in order to efficiently close the records of the two proceedings and ensure procedural fairness. Commission staff therefore invites parties to make submissions within the timelines indicated below.
In order to address the identified procedural matters, including providing a reasonable amount of time for Ontario to submit an answer to the class application as well as providing the same reply deadline for the class applicants and Bell Canada, parties are to submit documents by the following deadlines:
- In the class application, Ontario may submit an answer by 14 February 2024 and the class applicants may submit a reply by 26 February.
- In the Bell application, interventions and answers can be submitted by 14 February 2024 and Bell Canada may submit a reply by 26 February.
Please ensure that any claims for confidentiality are made in accordance with the requirements set out in the CRTC Rules of Practice and Procedure, including, for example, the requirement to file abridged versions of documents.
All documents must be received, and not merely sent, by the dates indicated.
Sincerely,
Original signed by
Philippe Kent
Director, Telecommunications Services Policy
Telecommunications Sector
c.c.: Jeremy Lendvay, CRTC, jeremy.lendvay@crtc.gc.ca
Ethan Townsend, CRTC, ethan.townsend@crtc.gc.ca
Attach (1) Distribution list
Distribution List
Bell Canada bell.regulatory@bell.ca
CCTS janet.lo@ccts-cprst.ca
Goldblatt Partners kmercer@goldblattpartners.com; jbrown@goldblattpartners.com
Ministry of the Attorney General of Ontario jennifer.boyczuk2@ontario.ca; susan.keenan@ontario.ca
PIAC piac@piac.ca
TELUS regulatory.affairs@telus.com
- Date modified: