More than four months after Bill C-34 was introduced (and about ten days after I posted about it), the government released its Charter statement for the Safe Social Media Act. While there was no doubt the government would insist its bill is Charter-compliant, the question was how it would defend the under-16 social media ban, which I have argued is unconstitutional and whose French counterpart the Constitutional Council struck down in August. On that front, the statement is noticeably weak, citing no evidence, case law, or foreign comparisons. In fact, by identifying less restrictive alternatives to the ban, it effectively concedes that less intrusive safeguards can adequately address the risks the ban is meant to target. In other words, this Charter statement makes the case against the government’s own bill.
Recent Posts
Making the Case Against Its Own Bill: What the Government’s Bill C-34 Charter Statement Reveals About the Constitutional Vulnerability of the Social Media Ban 
“Position Has Not Changed”: The Canadian Government Reaffirms That Antisemitism Includes Anti-Zionism 
The Law Bytes Podcast, Episode 279: My Keynote on Digital Sovereignty: Control, Choice, and Connection 
The What, Me Worry? Consultation: Media Quietly Tells Government It Wants Even More Funding With Little Concern for Independence Risks 
Years of Uncertainty: Bill C-22’s Missing Regulations and Secret Ministerial Orders
