Dish Network Programming Shutdown by Supreme Court

August 14^th, 2009, Vancouver, BC

Today, the Supreme Court of BC granted an injunction to Dish Network to prevent us from helping any Canadian receive any programming being broadcast by Dish Network.

In addition, Can-Am Satellites has been ordered to turn over to Dish Network all of our customers’ names and receiver information so that Dish Network can terminate their programming. Dish Network may also pursue legal action against these customers, who, it was discovered during the hearing, are liable for a fine of up to $1000 for each day for violation of the Radiocommunications Act. This means that if a customer was to be proven by Dish Network that they viewed their programming for, say seven years, then the fine could be as much as 7 x 365 x $1000 = $2,555,000. While I hope that this kind of fine will never be imposed, it demonstrates the draconian and repressive force of the Radiocommunications Act to deny ordinary Canadians from watching television signals of their choice.

The good news is that Justice Walker indicated that he would reverse his decision if Can-Am Satellites or any of its affected customers made the proper applications and could demonstrate to him a competent, well thought-out argument for a defense with some likelihood of success based on Section 2(b) of the Charter of Rights and Freedoms was presented to the Court.

With no financial resources to obtain legal counsel for this hearing, I was left to represent myself (and, in effect, all customers) in Court. This was a big mistake since I have no legal knowledge; all of the issues that I addressed with the Court, while truthful and accurate, could not be admitted or considered because it was not presented as evidence. It is imperative that if you want the Court to consider reversing the injunction, then professional legal counsel is required.

When we originally were served by Directv with an injunction, I sought legal advice. I was told that the cost to defend the actions all the way to the Supreme Court of Canada would cost a minimum of $200,000 to $300,000.

I have about 500 Dish Network customers. If half of you come forward with $1000 for a legal defense in the next week or so, then we would be able to present a good argument (your right to freedom!) to the Court, which would go a long way to getting your programming back legally without any crazy fines.

If you can help, please email me at rrex@smalldish.com.

Yours truly,

Richard Rex

Owner, Can-Am Satellites

Announcement

by: Richard Rex, Owner of Can-Am Satellites

April 9th, 2009


Due to on-going legal difficulties brought on by Bell Expressvu, Directv, and now Dish Network, we are unable to operate in the same capacity that we once did. In an effort to expedite this matter to the Supreme Court of Canada, I have agreed to not accommodate Canadians in obtaining grey-market activations at this time

In return, I have asked legal counsel for the three satellite providers to arrange for a near-immediate date with a judge at the British Columbia Supreme Court. Here I will ask the judge to decide the best path, for all concerned, to enquire of the Supreme Court of Canada the validity of the Radiocommunications Act with respect to the Canadian Charter of Rights and Freedoms. To date, counsel for Bell Expressvu, Directv and Dish Network have not responded to my request. Should they deny my request, I will resume activations of grey-market programming until such time a Court says otherwise.

We (my employees and I) have no professional legal representation as we can not financially afford it. We trust that the due process of the law will allow us to simply offer the Courts our argument that the current law (Radiocommunications Act) prevents Canadians from legally obtaining satellite programming of their choice. This amounts to censorship, a violation of section 2(b) of the Canadian Charter of Rights and Freedoms: "freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication."

When Parliament does not recognize Canadians' rights, I get very worried for our "free and democratic society."

Ideally the Conservative Government of Canada would take responsibility and simply re-write bad legislation. However the government does nothing. My letters to the government go unanswered. Instead, they force a single Canadian citizen to go through all of the legal hoops to defend all of Canadians' rights. Hopefully the Supreme Court of Canada will tell the government that the RCA is not Constitutional and tell the government to re-write the law so that Canadians' rights are not violated.

Unfortunately our elected officials have shirked their duty and now we must take faith that the Canadian legal system will be the protector of our rights as Canadians. It is my responsibility to act as Defender in this legal process. Bell Expressvu, having already raided my business in 1999 and thereafter fighting all the way to the Supreme Court of Canada to protect their business interests ahead of the interests of Canadians, is Plaintiff.

Let the Supreme Court decide once and for all where the line in the sand is going to be drawn with respect to the manner in which Canadians can express themselves, educate themselves, and define themselves.

I will try to keep you informed of the proceedings.

To our existing customers, don't hesitate to call or email us if we can help you.

Richard