March 5, 2021 - Private Sector

Supreme Court of Canada Denies Leave to Appeal Dismissal of Constitutional Challenge to CASL

The Supreme Court of Canada has declined to hear Compufinder's appeal of its dismissed constitutional challenge to Canada’s Anti-Spam Legislation (CASL).

Compufinder was seeking to overturn the ruling of the Federal Court of Appeal last June, which had also dismissed CompuFinder’s appeal of the CRTC’s decision that the company violated CASL when it sent 317 electronic messages to promote its educational and training services without consent and without a functioning unsubscribe mechanism.

CompuFinder received much attention in 2015 when it received the first Notice of Violation issued under CASL for $1.1 million (which was subsequently reduced by the CRTC to $200,000).

The denial of leave to appeal is significant, as the Supreme Court of Canada declined to revisit the Federal Court of Appeal’s ruling on the constitutionality of CASL or the appeal court’s detailed consideration of its provisions, including the business relationship exemption and "conspicuously published" implied consent provision.

For more information on the key takeaways from the Federal Court of Appeal's decision, see the AccessPrivacy E-News item, Constitutional Challenge to CASL Dismissed by Federal Court of Appeal