Archive for June, 2025

Please! By Josh Hallett (CC-BY 2.0) https://flic.kr/p/yALRk

The Law Bytes Podcast, Episode 236: Robert Diab on the Return of Lawful Access

Lawful access is back. Bill C-2, the government’s border bill, includes a new information demand power that would result in warrantless disclosure of information about a subscriber, a new international production order, and requirements for providers to assist law enforcement in working with their networks.

There will no doubt be multiple podcast episodes devoted to this bill in the coming months. To get started, Robert Diab, a law professor at Thompson Rivers University and the co-author of a recent text on Search and Seizure joins the Law Bytes podcast to discuss the historical context of lawful access and the key provisions in this bill.

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June 16, 2025 1 comment Podcasts
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Government Remains Silent as it Eviscerates Political Party Privacy in Canada By Fast Tracking Bill C-4

The government is moving to eviscerate political party privacy in Canada as it fast tracks Bill C-4, proposed legislation framed as implementing affordability measures, but which also exempts political parties from the application of privacy protections on a retroactive basis dating back to 2000. The government moved to end second reading debate yesterday without a single Liberal MP speaking to the privacy provisions in the bill and is seeking to fast track hearings in the Senate so that it can be passed before Canada Day. The provisions give political parties virtually unlimited power to collect, use and disclose personal information with no ability for privacy commissioners to address violations. The bill drops earlier proposed requirements to disclose security breaches and restrict selling Canadians’ information and it blocks the application of provincial privacy laws. The bill’s provisions set a privacy standard for political parties (effectively limited to merely disclosing their privacy practices) that would be unthinkable for the private sector and establishes an unprecedented back-to-the-future approach of wiping out any potential accountability dating back decades.

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June 12, 2025 8 comments News
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Quebec’s Streaming Regulation Bill 109: Unconstitutional, Unnecessary, and Unworkable

The federal government’s plans to regulate internet streaming services such as Netflix and Spotify through the Online Streaming Act have been mired in regulatory battles and court cases for many months. My Globe and Mail op-ed notes that the government’s plans finally took a small step forward last month, as Canada’s broadcast regulator, the Canadian Radio-television and Telecommunications Commission, completed weeks of hearings into what counts as Canadian content, or “Cancon.”

Yet in the midst of the latest hearings, the Quebec government threw a monkey wrench into the entire process. Not content to wait for the CRTC process to play out, the provincial government introduced its own streaming regulation bill that is likely to spark a constitutional challenge. Quebec’s Bill 109 contemplates government intervention into how content is presented to subscribers, and would introduce unprecedented quota requirements that could lead to blocked services in Quebec or the removal of thousands of non-French titles from content libraries.

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June 11, 2025 7 comments Columns
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Why the Government’s Plan for Warrantless Access to Internet Subscriber Information Will Lead to Millions of Disclosure Demands Each Year

The government’s plan for warrantless disclosure of Internet subscriber information is rightly attracting increasing attention as sneaking lawful access provisions into a border bill raises significant privacy concerns. As I pointed out last week, Bill C-2’s new “information demand” power – which can be used by a wide range of enforcement agencies over literally any potential offence of any Act of Parliament – is certain to spark a legal challenge given the Supreme Court of Canada’s previous decisions in Spencer and Bykovets. While the government has tried to paint the information at stake as “phone book” information with little privacy value, the reality is far different. The information demand includes whether the provider provides or has provided services to a particular subscriber or client, or to any account or identifier, whether there is transmission data on hand (who was the person communicating with and what apps were they using) as well as where and when the service was provided. The information demand can also cover when service began, when it ended, and what other communications services are used by the subscriber. The specific content would require a warrant, but all of this data, which can be very revealing, would be available without judicial oversight. Further, providers would be prohibited from disclosing the disclosure for a year and would receive legal immunity if they voluntarily provide the information without even requiring an information demand request.

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June 10, 2025 2 comments News
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The Law Bytes Podcast, Episode 235: Teresa Scassa on the Alberta Clearview AI Ruling That Could Have a Big Impact on Privacy and Generative AI

The privacy concerns with Clearview AI sparked investigations and court cases around the world. The issues date back many years, but recently an Alberta court weighed in on the application of provincial privacy law in a decision that has big implications not only for that company but for the intersection between privacy and generative AI.

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June 9, 2025 0 comments Podcasts