Category: Administrative Law

Government Kills Cyber Remedies as Cyber Threats Mount

In a secretive manoeuvre, Innovation, Science and Economic Development Canada (fondly called ISED) announced on June 7, nearly a week after Cabinet had acted, that the most important remedies available to businesses and consumers threatened with cyberattacks had been, indeed,

Posted in Administrative Law, Canada's Anti-Spam Legislation, CASL, Internet, Privacy Tagged with: , , , , ,

Electoral Politics and CASL

As Canada finds itself in the final weeks of a hard-fought federal election, there have been some commentators who have alleged that Canadian political parties are violating Canada’s Anti-Spam Legislation (see here: http://www.mediapost.com/publications/article/259461/effective-political-email-marketing-may-violate-ca.html and here: http://www.mediapost.com/publications/article/259461/effective-political-email-marketing-may-violate-ca.html). Given the centrality of

Posted in Administrative Law, Blog, Canada's Anti-Spam Legislation, CASL

Some Modest Proposals for Legislative Change

Friday and Saturday of last week, I attended a conference Rebooting Canada’s Communications Legislation: A conference to examine changes to Canada’s broadcasting and telecommunications legislation, hosted by the University of Ottawa’s Centre on Governance and the Forum for Research and Policy

Posted in Administrative Law, Broadcasting, CRTC, Telecommunications, Wireline Telecommunications Tagged with: , , , , , , ,

Secret Information Undermines the Legitimacy of CRTC Decisions

The CRTC’s wholesale mobile wireless decision (Telecom Regulatory Policy CRTC 2015-177) is notable in its thoroughgoing abandonment of regulatory forbearance in wholesale roaming matters. Since the introduction of cell phones 30 years ago, the CRTC has taken a hands-off approach

Posted in Administrative Law, Blog, CRTC, Telecommunications, Wholesale Access, Wireless, Wireline Telecommunications Tagged with: , , , ,

Structural Separation: It’s Time to be Impolite

In polite circles in Canada it is considered infra dig to allude to the structural separation of telecommunications common carriers. It is not up for discussion. The aversion is visceral and uncommonly widespread. Structural separation is an approach to telecommunications

Posted in Administrative Law, Blog, Broadcasting, CRTC, Internet, Structural Separation, Telecommunications, Wholesale Access, Wireline Telecommunications Tagged with: , , , ,

Being Bell: Getting it Wrong by Getting it Right

The term Philadelphia lawyer is used for the legalistic, loophole-seeking legalist who specializes in ensuring that legalism prevails over common sense and the intention of the law. Bell Canada apparently employs a regiment of such legalists. Here’s the scheme: Bell,

Posted in Administrative Law, Broadcasting, CRTC, Internet, Telecommunications, Wireless Tagged with: , , , , , ,

CRTC CASL Guidelines: Do they Compromise Adjudicative Independence?

On 10 October 2012, the Canadian Radio-television and Telecommunications Commission issued Compliance and Information Bulletin, CRTC 2012-548, as Guidelines on the interpretation of the Electronic Commerce Protection Regulations (CRTC). The guidelines are made in respect of the CRTC’s role in

Posted in Administrative Law Tagged with: , , , , , , ,