Banning SPAM altogether would be infringing on human rights. It can be regulated without totally infringing on any rights. According to sec.41 of the Telecommunications Act, the CRTC has jurisdiction on unsolicited telecommunications giving due regard to freedom of expression. They regulated faxes so they must in turn regulate SPAM on the Internet. This is why faxes can be easily regulated.
Companies can simply rely on the old method which was telephones.
E-mail can be used for business or general communication, therefore it myust be regulated because they both cannot exist together without some form of regulation. Without regulation these two forms of communication will clash together and E-mail will soon become inefficient. The CRTC is in place to regulate the telecommunications industry. When there are problems they are supposed to solve them. SPAM is a recognized problem so the CRTC has no choice but to regulate this.