Does Netflix have a physical presence (servers) in Canada? If not, isn't it the Canadian ISPs who are technically "broadcasting" by allowing their users to stream Netflix' content?
I know that Canadian ISPs have the Netflix appliances located in their data centres, so technically yes they do serve content from within Canada sometimes.
That probably wouldn't be a good precedent to set. :P
True. I was trying to think like a lawyer. That never ends well.