Lyndsay Wasser comments on the deferral of CASL's private right of action for Data 

news & knowledge 

June 2017


The Government of Canada announced, on June 7, that it had issued an Order in Council suspending the implementation of the private right of action under Canada’s Anti-Spam Legislation 2014 (CASL).

Lyndsay Wasser, Partner at McMillan LLP and expert lawyer on privacy and data protection, told Data, that there appears to be a lack of certainty around  CASL requirements, which gave rise to the government’s decision to delay the private right of action.

“The Government has indicated that it delayed the implementation of the private right of action in order to ‘promote legal certainty for numerous stakeholders claiming to experience difficulties in interpreting several provisions of CASL while being exposed to litigation risk.’ This appears to be a recognition by the Government that organizations require more clarity in the legislation and additional guidance from regulators before they are exposed to such private claims.”

To read “Canada: Suspension of CASL private right of action prevents speculative class action litigation” go to Data