CRTC dismisses constitutional challenge by recipient of the first CASL fine


  • It’s Me

    Completely agree with the outcome but had no idea a regulatory body could rule on constitutional matters. That’s kind of scary.

    • AaronBradford

      You should read the hearing information. The source information is linked at the bottom of the article.

      “Can the Commission determine the constitutionality of the impugned provisions at issue in this proceeding?”
      They have an 11 point summary answering this question.

    • It’s Me

      Oh, I’m sure they have their ducks lined up to affirm their ability to rule on constitutionality of issues, just didn’t know they had such authority granted to them. I find that scary.

    • Graham Fluet

      ..why? it makes perfect sense for a regulatory body to have enough pull to protect and enforce it’s regulations, otherwise it would be completely toothless.

    • It’s Me

      Ummm, well, duh.

      Enforcement isn’t the question. Determining the constitutionality of their regulations and enforcement is. Even our actual electrd officials cannot dictate and decide what is constitutional…you know, the legislative branch of government those folks that actual write the laws. We have courts to determine constitutionality. You know, the judicial branch of government…

      We have separation between these part of government for a reason. It’s called checks and balances and we used to teach this is elementary school. A body that is allowed to write their own edicts and decide on their constitutionality and enforcement falls well outside of those checks and balances.

      We have courts to rule on constitutional matters. For a reason.

  • Andrew Holt

    Everyone should know by now that the Charter of Rights and Freedoms don’t mean a can of beans anymore. It’s all about power and money now, and as long as those with it are in control, then the Charter will be interpreted to their advantage.

    • rgl168

      Charter of Rights does not mean you can do whatever the heck you want, and sending unwanted spam email is not a protected right.

  • Terry

    Not so fast, the CRTC decision is reviewable by the Federal Court of Canada. Lets see what happens in 30 days.

  • vn33

    If only these guys (CompuFinder in this case) can be additionally fined for frivolous lawsuits.
    Yes, I know … wishful thinking!