Despite repeated studies and promises for reform, Canada’s access to information system has long been plagued by long delays, overbroad exclusions, insufficient resources, and an Information Commissioner without the resources and powers needed to fully ensure compliance.
The government is currently undertaking yet another reform process as the Treasury Board has released proposed changes. They’ve left Caroline Maynard, Canada’s Information Commissioner, largely unimpressed. She is relieved the government is open to change, but warns that the approaches “lack ambition” and, more pointedly, that the review “must not become a justification for further secrecy.” Commissioner Maynard joins the Law Bytes podcast to walk through her concerns with the government’s plans and her proposals for improving Canada’s access to information law.
Latest Posts
The Law Bytes Podcast, Episode 276: Information Commissioner Caroline Maynard on Canada’s Access to Information Failures and Why Access Delayed is Access Denied
Why the Government’s Plan for a Social Media Ban in Bill C-34 Is Unconstitutional
he debate over the government’s proposed social media ban for under 16s has raised several difficult questions, including doubts about whether it will work, which services it will cover, and what risks to privacy mandating age verification could create. But beyond the operational questions is a more fundamental one: is the ban constitutional? Bill C-34 contains some signals that the government knows there are serious constitutional vulnerabilities, given the obvious implications for freedom of expression that come from blocking an entire cohort of Canadians from accessing information and expressing themselves on social media. The bill contains several provisions that are seemingly designed to act as safeguards that could be used to argue that the ban is proportionate. These include guidance on age verification technologies to address privacy concerns, promises that the verification obligation does not require measures that “unreasonably or disproportionately” limit expression, a requirement that the new Digital Safety Commission consider freedom of expression, equality, and privacy when it establishes regulations and guidelines, and the ability for services to seek a ban exemption if they can demonstrate adequate safeguards for children.
Even with these measures, the ban might still be found to be unconstitutional. But if you think they provide a plausible argument that the ban can be justified (as Emily Laidlaw argues here), the problem is that none will be operational when the ban takes effect. In other words, there is a major disconnect between the law the government says it is establishing and the one it plans to implement. If the safeguards are not implemented and millions of Canadians are required to verify their age to express themselves on social media, I believe the ban is likely to face an immediate court challenge and that a court will rule it violates the Charter of Rights and Freedoms.
Outdated Data and Dubious Comparisons: Digging into the Government’s AI Strategy Adoption Claims
The government’s national AI strategy is largely framed around the notion that Canada has an AI adoption problem. At the launch last month, Prime Minister Mark Carney said that “only 12% of Canadian businesses are using AI today” and presented the strategy as a plan to address concerns that Canada lags behind other countries. AI Minister Evan Solomon echoed the same issue and put a specific number on it, targeting an increase from 12 per cent to 60 per cent. The AI adoption issue helped justify billions in spending and the suite of new legislative reforms. I’m supportive of many of the measures, but a closer look at the statistics and comparisons the government used shows that it relied on outdated data and dubious comparisons. In fact, Statistics Canada had actually released new data on business adoption of AI days before the strategy’s release that placed it at 19.2%, yet the government instead pointed to the older figure of 12 per cent, which made a stronger case that adoption was lagging and that new government support was needed.
Why Being Locked Out of Frontier AI is The Sovereignty Threat Canada Missed
For months, questions about digital sovereignty have dominated the Canadian digital policy landscape, with many concerned about domestic control over both computing infrastructure and the data that fuels the digital economy. The debate reflected mounting unease over the risks of relying on non-Canadian companies for what have become essential services, and fears that Canadian privacy safeguards could be overridden by foreign courts or governments. My Globe and Mail op-ed notes that these remain real concerns, but the past few weeks have revealed an overlooked threat that similarly speaks to a loss of control. While Canadians have been worried about others controlling our infrastructure or using our data, we have lost sight of the risks of Canada being locked out of the most capable artificial-intelligence models, with consequences that could leave the country in the second tier of AI.
Blocked Twice: How Bill C-34’s Kids’ Social Media Ban Would Compound the Online News Act’s Harm to Young Canadians’ News Access
Bill C-34’s proposed social media ban for kids has rightly attracted considerable criticism since the bill was tabled last month, given that it requires age verification for most Canadians to use social media and the government plans to implement it before privacy safeguards are in place. Moreover, as I wrote last week, mounting data from Australia indicates that bans simply do not work. Thanks to a reader for pointing to a new Australian study that identifies yet another cost: young people’s access to news. The concern has resonance in Canada, where youth access to news on social media has already been undermined by the Online News Act, which prompted Meta to block news links on Facebook and Instagram. Bill C-34 would exacerbate the problem by cutting kids off TikTok and YouTube, which emerged as important news sources after the Meta news link block.
Recent Posts
The Law Bytes Podcast, Episode 276: Information Commissioner Caroline Maynard on Canada’s Access to Information Failures and Why Access Delayed is Access Denied 
Why the Government’s Plan for a Social Media Ban in Bill C-34 Is Unconstitutional 
Outdated Data and Dubious Comparisons: Digging into the Government’s AI Strategy Adoption Claims 
Why Being Locked Out of Frontier AI is The Sovereignty Threat Canada Missed 
Blocked Twice: How Bill C-34’s Kids’ Social Media Ban Would Compound the Online News Act’s Harm to Young Canadians’ News Access
