FINCKENSTEIN
FINCKENSTEIN
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  • Work History
  • Professional Biography
  • Areas of Specialization
  • Publications
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    • Home
    • Work History
    • Professional Biography
    • Areas of Specialization
    • Publications
    • Contacts
  • Home
  • Work History
  • Professional Biography
  • Areas of Specialization
  • Publications
  • Contacts

Publications

Konrad von Finckenstein during his career published various papers and gave numerous speeches. 


Unfortunately the speeches he gave as Commissioner of Competition or as Chairman of the CRTC have been erased from the website of the Competition Bureau and the CRTC.


However below is a list of some of his publications as well as his judgments as a Justice of the Federal Court.

Publications While in the Public Service

  • Canadian Economic Regulation: Balancing Efficiency and Fair Process. Law and Markets: Is Canada Inheriting America's Litigious Legacy? Edited by John Robson and Owen Lippert, The Fraser Institute, 1997. 
  • Role of of Competition Law and Policy within the general Government Policy Framework; Banks and Airline mergers as illustrative examples. University of Alberta, September 2000, E.J. Hanson Memorial Lectures, Vol. X. 

Judgments

As Federal Court Judge, Konrad von Finckenstein rendered the following judgments:


Ymeri v. Canada (Minister of Citizenship and Immigration) 2006 FC 194 Date: February 13, 2006 


Singh v. Canada (Minister of Citizenship and Immigration) 2005 FC 1673 Date: December 9, 2005 


Asu v. Canada (Minister of Citizenship and Immigration) 2005 FC 1693 Date: December 14, 2005 


Chavez Arenas v. Canada (Minister of Citizenship and Immigration) 2006 FC 458 Date: April 7, 2006 


Li v. Canada (Minister of Citizenship and Immigration) 2006 FC 599 Date: May 15, 2006 


Rodgers v. Canada (Minister of Citizenship and Immigration) 2006 FC 1093 Date: September 13, 2006 


David v. Canada (Minister of Citizenship and Immigration) 2006 FC 1486 Date: December 12, 2006 


Segura Cortes v. Canada (Minister of Citizenship and Immigration) 2006 FC 1487 Date: December 12, 2006 


Canadian Private Copying Collective v. Fuzion Technology Corp. 2006 FC 1448 Date: November 29, 2006 


Pena v. Canada (Minister of Citizenship and Immigration) 2005 FC 1537 Date: November 14, 2005 


BMW Canada Inc. v. Nissan Canada Inc. 2005 FC 1708 Date: December 16, 2005 


Trevor Nicholas Construction Co. v. Canada (Minister of Public Work) 2005 FC 1301 Date: September 21, 2005 


Sander Holdings Ltd. v. Canada (Attorney General) 2005 FC 1402 Date: October 14, 2005 


Inigo Contreras v. Canada (Minister of Citizenship and Immigration) 2006 FC 603 Date: May 16, 2006 


Murai v. Canada (Minister of Citizenship and Immigration) 2006 FC 186 Date: February 13, 2006 


Mahmoud v. Canada (Minister of Citizenship and Immigration) 2005 FC 1308 Date: September 23, 2005 


Canada (Minister of Human Resources Development) v. Piro 2006 FC 791 Date: June 21, 2006 


Kaur v. Canada (Minister of Citizenship and Immigration) 2005 FC 1298 Date: September 22, 2005 


Mustafa v. Canada (Minister of Citizenship and Immigration) 2006 FC 1092 Date: September 13, 2006 


Adomako v. Canada (Minister of Public Safety and Emergency Preparedness) 2006 FC 1100 Date: September 15, 2006 


Kalangestani v. Canada (Minister of Citizenship and Immigration) 2006 FC 1528 Date: December 19, 2006 


Bouaroudj v. Canada (Minister of Citizenship and Immigration) 2006 FC 1530 Date: December 19, 2006 


Wi-Lan Technologies Corp. v. D-Link Systems Inc. 2006 FC 1484 Date: December 12, 2006 


Wang v. Canada (Minister of Citizenship and Immigration) 2006 FC 625 Date: May 19, 2006 


Benjamin v. Canada (Minister of Citizenship and Immigration) 2006 FC 582 Date: May 9, 2006 


Abbott Laboratories Ltd. v. Canada (Health) 2006 FC 774 Date: June 16, 2006 


Jin v. Canada (Minister of Citizenship and Immigration) 2006 FC 57 Date: January 19, 2006 


Milligan v. Canada (Attorney General) 2004 FC 1112 Date: August 11, 2004 


Mercado v. Canada (Minister of Citizenship and Immigration) 2006 FC 1527 Date: December 19, 2006 


Ayngaran International Video & Audio Inc. v. Universal DVD Inc. 2006 FC 948 Date: August 2, 2006 


H.J. Heinz Company of Canada Ltd. v. Canada (Attorney General) 2005 FC 1314 Date: September 26, 2005 


Nolan v. Canada (Attorney General) 2005 FC 1305 Date: September 22, 2005 


Singh v. Canada (Attorney General) 2006 FC 802 Date: June 23, 2006 


Matti v. Canada (Minister of Citizenship and Immigration) 2005 FC 1561 Date: November 18, 2005 


Qazi v. Canada (Minister of Citizenship and Immigration) 2005 FC 1204 Date: September 2, 2005 


Moreb v. Canada (Minister of Citizenship and Immigration) 2005 FC 945 Date: June 5, 2005 


Williamson v. Canada (Attorney General) 2005 FC 954 Date: July 6, 2005 


Khadr v. Canada (Minister of Justice) 2006 FC 509 Date: April 25, 2006 


Lewis v. Canada (Minister of Citizenship and Immigration) 2006 FC 1538 Date: December 20, 2006 


Guild v. Canada (Attorney General) 2006 FC 1529 Date: December 19, 2006 


Chiasson v. Canada (Attorney General) 2006 FC 1208 Date: October 13, 2006 


Lorne v. Canada (Minister of Citizenship and Immigration) 2006 FC 384 Date: March 27, 2006 


Montenegro v. Canada (Minister of Citizenship and Immigration) 2005 FC 1681 Date: December 9, 2005 


Irani v. Canada (Attorney General) 2006 FC 816 Date: June 27, 2006 


Mohammed v. Canada (Minister of Citizenship and Immigration) 2006 FC 1412 Date: November 21, 2006 


Russell v. Canada (Attorney General) 2006 FC 1209 Date: October 11, 2006 


Smart & Biggar v. Jarawan 2006 FC 1254 Date: October 19, 2006 


Leite v. Canada (Minister of Citizenship and Immigration) 2005 FC 984 Date: July 14, 2005 


Pfizer Canada Inc. v. Canada (Health) 2007 FC 446 Date: April 26, 2007 


Awed v. Canada (Minister of Citizenship and Immigration) 2006 FC 469 Date: April 24, 2006 


Gainer v. Canada (Export Development Canada) 2006 FC 814 Date: June 26, 2006 


Premakumaran v. Canada 2005 FC 1131 Date: August 18, 2005 


Leighton v. Canada (Minister of Transport) 2006 FC 1129 Date: September 21, 2006 


McGregor v. Canada (Attorney General) 2006 FC 1193 Date: October 5, 2006 


Mohammed v. Canada (Minister of Citizenship and Immigration) 2006 FC 1310 Date: October 30, 2006 


Geauvreau-Turner Estate v. Ojibways of Onigaming First Nation 2006 FC 514 Date: April 24, 2006 


Leong v. Canada (Solicitor General) 2004 FC 1126 Date: August 12, 2004 


Khadr v. Canada 2005 FC 1076 Date: August 8, 2005 


1395047 Ontario Inc. v. 1548951 Ontario Ltd. 2006 FC 855 Date: July 6, 2006 


Canadian Private Copying Collective v. 9087-0718 Québec Inc. 2006 FC 283 Date: March 3, 2006 


Aventis Pharma Inc. v. Apotex Inc. 2005 FC 1461 Date: October 27, 2005 


Sander Holdings Ltd. v. Canada (Minister of Agriculture) 2006 FC 327 Date: March 14, 2006 


Canadian Private Copying Collective v. Fuzion Technology Corp. 2006 FC 1284 Date: October 25, 2006 


Bachan Singh v. Canada (Minister of Citizenship and Immigration) 2006 FC 613 Date: May 17, 2006 


Clue v. Canada (Attorney General) 2011 FC 323 Date: March 17, 2011 


Canada (Canadian Human Rights Commission) v. Winnicki 2006 FC 873 Date: July 12, 2006 


Fernando v. Canada (Minister of Citizenship and Immigration) 2006 FC 1349 Date: November 8, 2006 


Veffer v. Canada (Minister of Foreign Affairs) 2006 FC 540 Date: May 1, 2006 


Paszkowski v. Canada (Attorney General) 2006 FC 198 Date: February 15, 2006 


Solvay Pharma Inc v. Apotex Inc. 2008 FC 308 Date: March 6, 2008 


Myle v. Canada (Minister of Citizenship and Immigration) 2006 FC 871 Date: July 13, 2006 


Khadr v. Canada (Prime Minister) 2009 FC 405 Date: April 23, 2009 


Abbott Laboratories v. Canada (Minister of Health) 2005 FC 1095 Date: August 10, 2005 


Abbott Laboratories Limited. v. Canada (Ministry of National Health and Welfare) 2006 FC 1411 Date: November 21, 2006 


Pfizer Canada Inc. v. Canada (Minister of Health) 2006 FC 1471 Date: December 7, 2006 


Miller v. Canada (Solicitor General) 2006 FC 912 Date: July 24, 2006 


Abbott Laboratories v. Canada (Minister of Health) 2005 FC 1093 Date: August 10, 2005 


Pfizer Canada Inc. v. Canada (Health) 2007 FC 91 Date: January 25, 2007 


Canadian Association of the Deaf v. Canada 2006 FC 971 Date: August 11, 2006 


Publications Since Leaving the Public Service

June 6, 2022

COMMENTARY: Implementing Online News Act will be time consuming, contentious, problematic


May 4, 2022

COMMENTARY: C-11 presents the CRTC with golden opportunity to reform funding for Canadian programs


April 6, 2022

COMMENTARY: Disruption caused by the internet necessitates an overhaul of the Competition Act


March 31, 2021

ANALYSIS: Four conditions to a Rogers/Shaw approval


March 15, 2021

ANALYSIS: A much simpler way to bring streamers into the broadcasting system


Aug 24, 2020

COMMENTARY: Why the CRTC should stand firm on its wholesale rates, but back down on retroactivity


July 8, 2020

ANALYSIS: Why there’s no need to implement the Yale report to save broadcasting


April 1, 2020

COMMENTARY: Why USMCA violations inherent in the BTLR recommendations must be avoided


March 18, 2020

COMMENTARY: How to implement the broadcasting recommendations without regulating the Internet


Feb 4, 2020

COMMENTARY: Why it’s time to discard the concept of facilities-based competition


Jan 14, 2020

ANALYSIS: Integrating consumer rights will be a daunting task for Minister Bains. Here’s how it could be done


July 11, 2019

COMMENTARY: The federal government has helped, not hindered, the CRTC


Sept 25, 2018

Altering the Acts: It’s the Internet, Stupid… and we need to split the CRTC


May 17, 2018

COMMENTARY: What about the Radiocommunication Act? The case for its reform


March 13, 2018

COMMENTARY: It is long past time to align the GST with our cultural trade policies


June 15, 2022

Canada needs coherent Digital Regulation (I) (PDF) co-authored with Elizabeth Denham


June 16, 2022

Canada needs coherent Digital Regulation (II) (PDF) co-authored with Elizabeth Denham


Feb 15, 2022

Two Improvements Needed for Bill C-11


March 11, 2021

A Simpler Way to Integrate Streamers into the Broadcasting System


Feb 8, 2021

Making Bill C-10 Work


Dec 11, 2020

There is a Better Way to Amend Framework Laws


Nov 30, 2020

We’re Entering a Whole New World: What C-10 Means for Broadcasting in Canada


May 14, 2020

Balancing Privacy and Cellphone Tracing to Fight COVID-19


Oct 30, 2019

Dealing with Internet Giants


Oct 7, 2019

Time to Move on Internet Piracy


Sept 13, 2019

Machinery of Government Issues Arising from the Review of Broadcasting and Telecommunications


June 7, 2019

How to get meaningful privacy consent for use of web data


May 29, 2019

Equipping Regulators for the Internet Age


April 16, 2019

Let the Competition Bureau see wireless industry data


March 6, 2019

Direction to CRTC Re: Competition


February 22, 2018

Fighting Internet Piracy: A Workable Plan Emerges


Dec 19, 2017

Accepting the Inevitable, It is Time to Prepare for a Zombie NAFTA


Nov 28, 2017

It Is Long Past Time to Align the GST with our Cultural Trade Policies


Nov 14, 2017

NAFTA Plan B: Amend the Trade Priorities Act


Aug 1, 2017

How we can save NAFTA's Chapter 19


May 31, 2017

Chapter 19 Should Not be Given Up in NAFTA Renegotiations


May 5, 2017 

Modernizing Communications Legislation


Feb 22, 2017

Tweaking NAFTA


Jan 5, 2017

Bypassing Existing Legislation to Create Support for Canadian Content in a Digital World


Sept 6, 2016

Promote and simplify subsidies for Canadian content


July 25, 2016

More Oversight of Canada’s Competition Bureau? Not so Fast


Co-authored with Peter Menzies 


Feb 4, 2022

A lighter touch is needed for the government's online harms bill – Globe and Mail Op-Ed


Oct 22, 2021

There's a more practical way to regulate Big Tech – Globe and Mail Op-Ed


May 6, 2021

Heritage Minister Steven Guilbeault should start fresh on Bill C-10 - Globe and Mail Op-ed


May 4, 2022

Bill C-11: Regulating the Internet Requires an Institutional Re-org co-authored with James Mitchell


January 24, 2021

Designing The ICN


February 16, 2022

Free speech vs. safe Internet: We can have both?


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