What is the effect of section 327(1) of the Criminal Code on the meaning of the words "or elsewhere" in the definition of a subscription programming signal?

In my view, Mr. Justice Klebuc read the words "or elsewhere" out of the definition of "subscription programming signal." Mr. Justice Kennedy had given them meaning by finding the provision was intended to require payment for all encrypted signals regardless of their origin. Mr. Justice Klebuc's conclusion that section 327(1) of the Criminal Code disclosed no offence depended on his view that no person other than a lawful distributor under the Radiocommunication Act could lawfully charge for the reception of an encrypted signal. Indeed that was how he distinguished the reasoning of Madam Justice Dorgan in Hollohan v. Justice of the Peace M. Jang et al, S.C.B.C., September 17, 1996. She had refused to limit the application of section 327(1) to the protection of signals from lawful distributors.