Is there any case law in the context of telecommunications legislation that is relevant to this question?
Canada (Federal), Canada
The following excerpt is from eBay Canada Ltd. v. M.N.R., 2008 FCA 348 (CanLII), [2010] 1 FCR 145:
I agree that neither SOCAN nor Libman v. The Queen, 1985 CanLII 51 (SCC), [1985] 2 S.C.R. 178, another telecommunications case, is directly analogous to the question in issue here. More important, however, SOCAN instructs courts to interpret legislation in light of contemporary technology and, if necessary, to “transpose” its terms to take into account the changed technological environment in which it is to be applied.
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