Not only does the Telus action seemingly contradict the terms and spirit of the Telecommunications Act, but it also runs contrary to the Charter of Rights and Freedoms. Although Telus is a private company, surely all companies whether private or public ought to respect the fundamental principles of the Charter. Section 2(b) of the Charter provides that everyone has “freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.” The Supreme Court of Canada ruled in Ford v. Attorney General (Quebec) that freedom of expression extends beyond the speaker to the listener, who also has an interest in freedom of expression. So too here: the website enjoys freedom of expression as do the million Telus customers who may want to read this particular expression.
Oh, you gots some ‘splainin’ to do!