The Commission considers that the type of interim relief sought in the Application raises serious and fundamental issues of law and policy relating to the mandate and powers of the Commission pursuant to the Act. The Commission therefore considers that all interested parties should be afforded an opportunity to provide their views on these important issues.
In addition, the Commission notes that it would normally expect that an application seeking approval for a Canadian carrier to block certain websites pursuant to section 36 of the Act would be filed by the carrier(s) in question. The Commission considers that Canadian carriers should at least be provided notice that an application has been filed by another person for approval pursuant to section 36 of the Act and an opportunity to be heard…
…it would be inappropriate to consider granting the interim relief sought in the Application on an ex parte
basis, and in particular without affording Canadian carriers and all other interested parties the opportunity to comment. Such a public process would allow for consideration of the broader policy and legal issues regarding the scope, and appropriate use, of the Commission's powers pursuant to section 36 of the Act.