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 238: David Fraser on Why Bill C-2's Lawful Access Powers May Put Canadians' Digital Security At Risk
byMichael Geist

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Michael Geist
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Michael Geist
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Recent Posts
Canadian Government Caves on Digital Services Tax After Years of Dismissing the Risks of Trade Retaliation
The Law Bytes Podcast, Episode 238: David Fraser on Why Bill C-2’s Lawful Access Powers May Put Canadians’ Digital Security At Risk
Ignoring the Warning Signs: Why Did the Canadian Government Dismiss the Trade Risks of a Digital Services Tax?
Why Bill C-2 Faces a Likely Constitutional Challenge By Placing Solicitor-Client Privilege at Risk
The Law Bytes Podcast, Episode 237: A Conversation with Jason Woywada of BCFIPA on Political Party Privacy and Bill C-4