In my opinion, that argument is devoid of any foundation.
First, the Broadcasting Act itself prohibits the CRTC from making decisions that violate freedom of expression. Therefore, I do not understand how anyone can argue that merely putting in place a legislative framework that ensures the proper functioning of undertakings in light of Canadian broadcasting policy imperatives violates freedom of expression.
In fact, to date, Canadian courts have consistently recognized that Canadian broadcasting legislation is compatible with freedom of expression, including in the case involving CHOI‑FM, a Quebec City radio station, where this issue was specifically challenged.