This is similar to how the NFL limits reproduction of its broadcasts. Yes, it's legal to receive the broadcast using any TV but it's still illegal to take that stream and rebroadcast it over the net or some other platform.
But the App itself is in the position of the TV. The stream is 'broadcasting' from cbc.ca and the App is receiving it. Nowhere does he claim that he built a proxy that then 'rebroadcasts' the stream to his App.
