Federal Court of Appeal Overturns CRTC Ruling Against CBC for Broadcast of ‘N-Word’

The CBC News logo is projected onto a screen during the CBC's annual upfront presentation at The Mattamy Athletic Centre in Toronto on May 29, 2019. (Tijana Martin/The Canadian Press)

The Federal Court of Appeal has overturned a previous decision made by the Canadian Radio-television and Telecommunications Commission (CRTC) that penalized CBC Radio over a program that used the “N-word,” a racial slur.

The decision issued by the Federal Court of Appeal on June 22 found that the broadcast regulator made errors in its ruling against SRC, the French-language segment of CBC/Radio-Canada.

“The CRTC overstepped its jurisdiction by sanctioning the SRC on the sole basis that the content broadcast on the air was, in its opinion, inconsistent with the Canadian broadcasting policy,” wrote Justice Marc Noël.

The case centred around the CBC broadcasting an offensive word on the air during a French program, Le 15-18. The guest and host on the program discussed a 1968 book written by FLQ bomber Pierre Vallières, which contains the “N-word” in its title.

“This title, which the CRTC mentions in French in its decision ... was quoted four times—three times in French and once using its English translation—during a segment called Actualité avec Simon Jodoin: Certaines idées deviennent-elles taboues? which was broadcast on August 17, 2020 during the radio program Le 15 18,” the court said.

“The segment in question, which lasted 6 minutes and 27 seconds, dealt with a petition demanding the dismissal of a Concordia University professor who had mentioned Pierre Vallières’s book by its title in class.”

“The court has returned the matter to the CRTC,” the CBC said in a news story on the decision, adding that it will “wait for their direction on next steps. It is important to remember that this does not affect the policies we have already put in place to minimize the use of hurtful or offensive language.”

Complaint

An initial complaint to the CRTC was received on Aug. 28, 2020, and the head of content for the program dismissed it, stating that the use of the “N-word” during the segment “had not been abusive or inconsiderate,” according to the court.

The person writing the complaint then asked the French Services Ombudsman for review. He refused to intervene, according to the court, stating that the use of the word complied with CBC’s policies. The complainant continued to appeal the decision, and eventually the case ended up before the CRTC.

In a decision on June 29, 2022, the CRTC said “the use and repetition of the ‘N-word’ on this program was inconsistent” with the objectives of the Broadcasting Act, and suggested CBC did not take the necessary measures “to mitigate the impact of the ‘N-word’ on its audience.”

“The rise of the Black Lives Matter movement and the wave of global protests following the death of George Floyd in May 2020 represent an axis of societal change that propelled public reflection on issues related to racism and systemic racism,” suggested the CRTC.

CBC was told to apologize to the individual who made the complaint. In making the decision, the CRTC said broadcasting “should be of high standard” and “serve to safeguard, enrich and strengthen the cultural, political, social and economic fabric of Canada.”

The CRTC decision said that anything CBC aired “should reflect the multicultural and multiracial nature of Canada.”

The Federal Court of Appeal justice did not agree, stating the section of the Broadcasting Act cited by the CRTC did “not give the CRTC this power” and was being cited improperly.

“The CRTC overstepped its jurisdiction by sanctioning CBC Radio on the sole basis the content broadcast on the air was in its opinion inconsistent with Canadian broadcasting policy,” wrote Noël.

The justice also noted that the decision made by the regulator “makes no mention of CBC Radio’s freedom of expression. Its structure revolves exclusively around the issue as to whether the broadcast of the ‘N-word’ on the air is consistent with Canadian broadcasting policy.”

“Given that Parliament has mandated the CRTC to act as the initial decision-maker with respect to what can and cannot be said on the air, I would return the matter to the CRTC so that it may re-determine the merits of the complaint,” said Noël.