The Federal Court of Appeal’s ruling on Canada’s anti-spam law puts to rest persistent claims that the law is unconstitutional. As discussed at length in my earlier post, the court firmly rejected the constitutional arguments in finding that the law addresses a real problem and has proven beneficial. The impact of the decision extends beyond just affirming that CASL is (subject to a potential appeal to the Supreme Court of Canada) here to stay. It also provides important guidance on how to interpret the law with analysis of the business-to-business exception, implied consent, and what constitutes a valid unsubscribe mechanism.
Archive for June 11th, 2020

Law Bytes
Episode 278: Ben Waldman on Gander Social and the Challenges of Building a Sovereign Social Network
byMichael Geist

August 10, 2026
Michael Geist
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Michael Geist on Substack
Recent Posts
The Missing Charter Statement: Why Hasn’t the Government Explained How Bill C-34’s Social Media Ban Complies with the Charter?
Three Years After October 7th: Living With the Shockwaves
What If the U.S. Demanded This? The Cloud Provider Conditions Behind Canada’s EU Digital Pivot
Ontario is Done Waiting for Universities to Act on Campus Antisemitism
Is Compromise on Encryption Possible? Why Bill C-22’s “Minor Opening” Leaves the Central Question Unanswered

