Court Of Appeal Upholds Canada's First Site-Blocking Order

The Court of Appeal has confirmed in Teksavvy Solutions Inc. v. Bell Media Inc., 2021 FCA 100, that the Federal Court has jurisdiction to make site-blocking orders requiring third-party internet service providers to block access to websites alleged to be providing copyright-infringing content.

What you need to know

• While site-blocking orders may engage internet users' freedom of expression Charter rights, the Court of Appeal concluded that Federal Court judges need not engage in a detailed Charter analysis before exercising their discretion to grant the order.
• The proper test to be applied when determining whether to grant a site-blocking order is the RJR MacDonald test for a mandatory injunction: a strong prima facie case must be shown, instead of the usual low threshold that an applicant establish a "serious issues to be tried".