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Industry committee  In the statutes there's no limit to the financial investments that a foreigner can have in a Canadian company. There are control issues that are raised in the statute, though, and they are twofold. The first one is voting shares and the second one is control in fact. So you're ri

March 25th, 2010Committee meeting

Anne-Marie Lévesque

Industry committee  The position of the government is that there has been no change in the application of the control in fact test. The test has been laid out in jurisprudence, and the leading jurisprudence is the Canadian Airlines case that was decided by the Federal Court of Appeal in 1993. Mayb

March 25th, 2010Committee meeting

Anne-Marie Lévesque

Industry committee  You are probably aware that there is presently a legal challenge to the Governor in Council's decision on Canadian control in this company. We must therefore limit our comments to what is public so that we do not prejudice the government before the courts. So our comments today m

March 25th, 2010Committee meeting

Anne-Marie Lévesque

Industry committee  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 con

March 25th, 2010Committee meeting

Anne-Marie Lévesque