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
Recent Posts
Back-of-the-Napkin Cultural Policy: The Government’s $600 Million Streaming Plan Copies the CRTC Decision It Killed at More Than Double the Cost 
The Law Bytes Podcast, Episode 282: Udbhav Tiwari on Why Signal May Exit Canada Over Bill C-22’s Encryption and Metadata Retention Rules 
From Making Web Giants Pay to Paying Media Giants: Budget 2026 Replaces the Government’s Internet Platform Strategy With $1.5 Billion in Taxpayer Dollars for Culture and News 
Has the Government Read Its Own Bill? What Three Days of House Debate Revealed About Bill C-34 Before the Committee Hearings Begin 
Surveillance By Design: Government Officials Say Lawful Access Could Reach Gaming Platforms, Daycares and AI Services
