Actually, I would clarify. I picked some particularly dramatic examples that I thought would grab hold of this audience. I would never suggest that every standard form contract is written in these kinds of ways. In fact, many good counsel, both at the table and around the room, have worked hard to try to have balanced provisions in these kinds of things.
The main point I wanted to make, however, is that the threshold for consent in contract law is very low. Contractual consent is a transactional notion. It occurs in a moment. It occurs when I click “I agree”—and you know as well as I do that most people around the room, when they're forced, with those standard form agreements, go scroll, scroll, scroll, click, click, click. Even in cases where you try to read them, sometimes they're very difficult.
So in answer to your question, it's not the case that every good or service online would be such as to circumvent PIPEDA, but the point is that they can and the point is that the consent provisions within PIPEDA have to be clarified in such a way that this low threshold of clicking for consent and other kinds of deemings of consent don't have the effect of undermining the privacy protections that are meant to be there notwithstanding people's contracts.