Last month, the government seemingly reversed course on its lawful access plans to grant law enforcement powers to demand warrantless access to personal information from any provider of a service in Canada. Buried in Bill C-2, a border measures bill, the lawful access provisions were the most expansive in Canadian history covering everyone from telecom providers to physicians to hotels. The bill sparked widespread opposition amid concerns that it was inconsistent with multiple Supreme Court of Canada decisions and the Charter of Rights and Freedoms. Yet it now appears that the reversal was short lived. Yesterday, Public Safety Minister Gary Anandasangree, Transport Minister Steve McKinnon, Secretary of State for Combatting Crime MP Ruby Sahota and a group of Liberal MPs held a press conference to urge swift passage of lawful access.
Latest Posts
Canadian Government Introduces New Stablecoin Act as Part of Budget Implementation Legislation
The Canadian government yesterday tabled its Budget Implementation Act. Running at over 600 pages, the bill includes several notable provisions related to digital policy including the repeal of the Digital Services Tax, the restoration of a privacy provision in the Broadcasting Act that was mistakenly deleted (yet no one noticed for two years), adding a new data mobility framework to Canada’s privacy laws, and creating a new Stablecoin Act. The Canadian Stablecoin Act is modelled on the U.S. GENUIS Act, though there are some notable differences.
The Law Bytes Podcast, Episode 250: Wikimedia’s Jan Gerlach on the Risks and Challenges with Digital Policy Reform
I’m not quite sure how this happened, but somehow this is the 250th episode of the Law Bytes podcast. To mark this milestone, I’m joined by Jan Gerlach, Wikimedia’s Director of Public Policy, who leads its EU advocacy work, including efforts on UK Online Safety Act. This is particularly relevant in a Canadian context since this work has touched on issues such as user identification, platform regulation, and rules surrounding AI. Our podcast conversation features a wide ranging discussion on these issues, providing insight into some of the risks and challenges associated with digital policy reform.
The Law Bytes Podcast, Episode 249: The Debate Over Canada’s AI Strategy – My Consultation Submission and Appearance at the Canadian Heritage Committee
The government’s AI consultation concluded at the end of October with expectations that a strategy will emerge before the end of the year. I participated in the consultation with a brief submission and in an appearance as a witness before the Standing Committee on Canadian Heritage for its study on the effectiveness of technological advances in artificial intelligence on the creative sector. That study touched on many of the same issues as the AI consult with robust discussion on transparency, regulation, and navigating potentially conflicting policy objectives. This week’s Law Bytes podcast offer up a taste of both with the key issues raised in the submission and clips from the committee appearance including my opening statement and exchanges with multiple MPs.
How the Liberal and Conservative Parties Have Quietly Colluded to Undermine the Privacy Rights of Canadians
It hasn’t received much attention, but the government and official opposition – ie. the Liberals and Conservatives – have been quietly working to pass legislation that undermine the privacy rights of Canadians, effectively exempting themselves from the privacy rules imposed on everyone else. As I highlighted in June, Bill C-4 was promoted as “affordability measures” bill but it also includes provisions that exempt political parties from the application of privacy protections. The provisions, which come toward the end of the bill, are deemed to be in force as May 31, 2000, meaning that they retroactively exempt the parties from any privacy violations that may date back decades. The House of Commons Standing Committee on Finance wrapped up its study of the bill last week and incredibly it refused to hear from any witnesses that would speak to the issue. In fact, despite concerns raised in briefs from the Privacy Commissioner of Canada and the Commissioner of Elections, the committee (consisting almost entirely of Liberal and Conservative MPs) limited its discussion of an entire section of the bill to a thirty second description of the provisions from a government official. No witnesses, no debate, no acknowledgement of concerns raised by experts. It was as if the provisions do not exist.
Recent Posts
Reversing the Reversal?: Government Puts Privacy Invasive Lawful Access Back on the Agenda 
Canadian Government Introduces New Stablecoin Act as Part of Budget Implementation Legislation 
The Law Bytes Podcast, Episode 250: Wikimedia’s Jan Gerlach on the Risks and Challenges with Digital Policy Reform 
The Law Bytes Podcast, Episode 249: The Debate Over Canada’s AI Strategy – My Consultation Submission and Appearance at the Canadian Heritage Committee 
How the Liberal and Conservative Parties Have Quietly Colluded to Undermine the Privacy Rights of Canadians
