In the CRTC order and decision, there is a brief explanation of the situation of Globalive at the time the decision was announced. As to the de jure test, that is the legal control and the control of voting shares, the CRTC and the government agree that the company is in fact controlled by Canadians. The next test is a de facto test. There is a whole body of case law that led to a de facto test. De factocontrol is an investor's ability, for example, to influence the day-to-day operations of an organization, the company in this case. In light of the facts in the Globalive file, the government was of the opinion that, as the order shows, the foreign company, Orascom, does not have the ability to control the day-to-day operations of Globalive, that it perhaps has a certain degree of influence through its financial investment but that is not the same as thede facto control required by the case law.
On March 25th, 2010. See this statement in context.