Assuming the CRTC has teeth, I actually think the ITMP framework is pretty decent:
explain why, in the case of a technical ITMP, network investment or economic approaches alone would not reasonably address the need and effectively achieve the same purpose as the ITMP.
via crtc.gc.ca
This basically puts the onus on the teleco to beef up their infrastructure (eliminating future need to traffic shape), and leaves open a top-teir (although likely expensive) level of service that allows consumers to pay for unadulterated bandwidth (something that currently does not exist).
