Day: February 18, 2013

Has the CRTC compromised its judicial independence on CASL?Has the CRTC compromised its judicial independence on CASL?

Philip Palmer, a former specialist practitioner at Industry Canada Legal Services and the person who oversaw the development of CASL and its regulations, just published an important blog post, CRTC CASL Guidelines: Do they Compromise Adjudicative Independence? In the post, he questions whether the CRTC should be publishing enforcement guidelines in the name of the Commission in view of the important adjudicative role that the Commission also has in enforcing CASL.

In part, he says the following:

As the guidelines deal with a matter that is central to the CASL scheme (express consent to receive commercial electronic messages), and one in which there are possible arguments to be made in favour of industry practices (PIPEDA, for instance, specifically recognises a pre-ticked box as a real consent).