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
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
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
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
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
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
February 16, 2022