The return of the House of Commons from the summer break brings with it a resumption of debate on government bills. Topping the list this week is Bill C-2, the omnibus border measures bill, that buries dangerous lawful access provisions that open the door to warrantless access to personal information and increased surveillance capabilities in Canadian networks. I wrote multiple posts on the privacy concerns before the summer (here, here, here, here, here, and here), expressing concern not only with the substantive provisions but also with a bill that combines everything from border measures to restrictions on cash transactions to warrantless access for law enforcement to personal information. The risk is that no issue will get sufficient attention as major issues get lost among the myriad of disparate provisions. For that reason, the lawful access provisions in Parts 14 and 15 in the bill should be removed and contained, if at all, within a separate bill.
Latest Posts
The Law Bytes Podcast, Episode 243: What Are Canada’s Digital Policy Plans as Parliament Returns from the Summer Break?
The return of the Law Bytes podcast series this week coincides with the return of Parliament from its summer break. Digital policy may not be at the very top of the legislative agenda, but there are no shortage of issues that could attract attention. This includes lawful access legislation introduced last June, the prospect of online harms safeguards, and ongoing concerns regarding privacy and artificial intelligence regulation. This week’s episode looks ahead to the coming Parliamentary session.
Grocery Shopping While Jewish
In my family, it was always the “kosher Loblaws.” Featuring Ottawa’s only large kosher food section, the Loblaws location at College Square in the west end of the city is our destination several times per week for everything from groceries, to prescription refills, to challah bread for Shabbat. My Globe and Mail opinion piece published this weekend notes that as the only such store in Ottawa, it serves as both a place to see familiar faces and a reminder of the small size of the Jewish community here.
Last week, a 71-year-old man from Cornwall, Ont., is alleged to have entered the store and stabbed a Jewish grandmother multiple times in the back. The grandmother, well known in the Jewish community here, is thankfully now at home recovering. But the initial fears that this might be an antisemitic attack appear to have been borne out, as a review of the alleged attacker’s social media feed reveals a steady stream of antisemitic hate stretching back years. On Friday, Ottawa police announced they will be investigating the incident as a hate-motivated crime.
For the Jewish community, this means yet more security measures as grocery stores get added to a list that now includes synagogues, community events, schools, senior homes and campus lectures – a growing number of places requiring added security and secrecy to keep the community protected. For individuals, it means rethinking placing mezuzahs on the outside of doors, wearing a kippah or Star of David, or participating in Jewish events, given fears of heightened safety risks. The cumulative effect is the gradual erasure of a visible Jewish presence in Canada.
Privacy Lost: How the Government Deleted Bill C-11’s Key Privacy Principle Just Two Months After Passing it Into Law
The Online Streaming Act, the government controversial reform to the Broadcasting Act, continues to attract attention given an ongoing court challenge and backlash from the U.S. government. But there is another element of Bill C-11 that is deserving of attention. Due to what is likely a legislative error, the government deleted privacy safeguards that were included in the bill only two months after they were enacted. As a result, a provision stating that the Broadcasting Act “shall be construed and applied in a manner that is consistent with the right to privacy of individuals” was removed from the bill, leaving in its place two-near identical provisions related to official languages. The net effect is that with little notice (Monica Auer of FRPC spotted it), the Broadcasting Act has for the past two years included an interpretation clause that makes no sense and efforts to include privacy within in it are gone.
Out of Nowhere: TIFF Undermines Artistic Freedom of Expression With Forced Name Change of October 7th Documentary
The controversy over the Toronto International Film Festival decision to remove a Canadian made October 7th documentary film from its lineup focused primarily on the absurd demand for copyright clearances of clips taken by Hamas terrorists on the day of the attack. While TIFF reversed its decision given the enormous backlash over what many rightly perceived to be censorship, another aspect of TIFF’s demands remain in place. According to media reports, the initial title of the documentary was Out of Nowhere: The Ultimate Rescue. TIFF demanded that the name be changed in order to be included in the program, leading to the new title, The Road Between Us: The Ultimate Rescue. TIFF staff apparently objected to the phrase “Out of Nowhere”, which suggests that staff believes both that (1) the October 7th attack was not out of nowhere, and (2) that it was appropriate to limit artistic freedom of expression by substituting its political views over those of the creator.
Recent Posts
Government Doubles Down in Defending Bill C-2’s Information Demand Powers That Open the Door to Warrantless Access of Personal Information 
The Law Bytes Podcast, Episode 243: What Are Canada’s Digital Policy Plans as Parliament Returns from the Summer Break? 
Grocery Shopping While Jewish 
Privacy Lost: How the Government Deleted Bill C-11’s Key Privacy Principle Just Two Months After Passing it Into Law 
Out of Nowhere: TIFF Undermines Artistic Freedom of Expression With Forced Name Change of October 7th Documentary
