Articles by: Michael Geist

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The Law Bytes Podcast, Episode 161: Canadian Chamber of Commerce President Perrin Beatty on Why the Government’s Bill C-18 Motion Establishes a Dangerous, Undemocratic Precedent

Bill C-18, the online news bill whose foundation is mandated payments for links, has unsurprisingly sparked reaction from Google and Facebook that raises the possibility of stopping linking to Canadian news. In an act of obvious retribution, the government responded to the companies response with a motion from Parliamentary Secretary to the Minister of Canadian Heritage Chris Bittle that demanded a wide range of internal and external documents dating back years and even looped in the private correspondence of companies, NGOs, journalists and potentially of thousands of Canadians. At committee, Liberal MP Anthony Housefather introduced a motion that removed some of the most problematic elements, but still left in place what is best described as a fishing expedition. 

Perrin Beatty is a former Cabinet Minister under Prime Ministers Clark and Mulroney, was named President of the CBC by Jean Chretien, and is now the President and CEO of the Canadian Chamber of Commerce. His members are split in their views of Bill C-18, but not on the motion at Heritage committee. He joins the Law Bytes podcast to discuss the concerns with the motion and the dangerous precedent it sets. 

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March 27, 2023 — 3 comments — Podcasts
Office of the Prime Minister, Adam Scotti (PMO). https://pm.gc.ca/en/photos/2023/01/10/prime-minister-trudeau-meets-president-united-states-america-joseph-r-biden-jr The reproduction is not represented as an official version of the materials reproduced, nor as having been made, in affiliation with or with the endorsement of the Office of the Prime Minister

The Biden Visit to Canada: Why Digital Policy is Emerging as a Serious Trade Tension

The U.S. President Joe Biden’s visit to Ottawa this week has begun to place the spotlight on the mounting tensions over digital policy. For months, Canadian officials have not only been dismissive of the issue, but – as this week’s fishing expedition into Google and Facebook demonstrates – have not shied away from making the issue front and centre. I have been posting about trade-related risks with Canadian digital policy for months, noting that the risks are real and could result in billions in retaliatory tariffs that hits some of Canada’s most sensitive sectors. Indeed, this issue has been raised at every major meeting between senior trade officials for the past year. Is retaliation likely to happen? Certainly not immediately, but the longer the issues fester, the greater the impediment to advancing Canadian trade priorities. As Scottie Greenwood notes, “these are top-of-mind issues. They are not a small obscure issue.”

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March 22, 2023 — 9 comments — News
NO FISHING PRIVATE by Leo Reynolds https://flic.kr/p/AxD28 (CC BY-NC-SA 2.0)

The Government’s Fishing Expedition: Why the Bill C-18 Motion Establishes a Dangerous Precedent For Those Who Dare to Oppose Legislation

The Canadian Heritage committee moved ahead yesterday with a Bill C-18 motion that should strike fear in any group that participates in the political process. In a chaotic few minutes toward the end of the meeting, Liberal MP Anthony Housefather introduced a new motion that removed some of the worst of the authoritarian-style provisions previously proposed by the Parliamentary Secretary to the Minister of Canadian Heritage that demanded the private communications of potentially thousands of Canadians. However, it still retained mandated document disclosures that should send a chill into companies, NGOs, and anyone else that engages in, or strategizes about, government legislation. Calling executives into committee is not only appropriate, it is often essential. So too is following up with document demands based on the discussion. But in this case, the Heritage committee is engaged in a fishing expedition based largely on opposition to government legislation.

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March 21, 2023 — 18 comments — News
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Canadian Chamber of Commerce Warns on Government-Backed Bill C-18 Motion: “A Serious Threat to the Privacy of Canadians”

Later today, the Standing Committee on Canadian Heritage will vote on a government-backed motion that would compel Google and Facebook to disclose private third-party communications dating back years that could sweep in the private communications of thousands of Canadians. The motion, which is obvious retribution for opposing Bill C-18, is a stunning attack on the privacy of Canadians and could have a chilling effect on public participation. However, you don’t have to take my word for it. The Canadian Chamber of Commerce has issued a dire warning about the motion in a public letter, suggesting it is undemocratic and urging MPs to reject it. 

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March 20, 2023 — 16 comments — News
Patent by Brook (CC BY-NC-ND 2.0) https://flic.kr/p/3fKqYy

The Law Bytes Podcast, Episode 160: Peter Carrescia on Why Patents Won’t Solve Canada’s Innovation Problem

In recent years, there has been growing effort to link longstanding concerns about Canadian innovation with patents. The argument – which has crossed into Canada’s strategy around AI – posits that the road to an innovative economy is inextricably linked to a greater emphasis on intellectual property and in particular on patents. But what if the correlation between patents and innovation is weak at best? What if an emphasis on patents may actually be harmful to startups whose attention and resources is better placed elsewhere?

Peter Carrescia is a successful innovator and investor who recently wrote a Globe and Mail op-ed that raises precisely these issues, warning that “creating policy that pushes patents regardless of area or company stage and gauges success by counting patents is misguided and, in fact, dangerous to the success of startups.” He joins the Law Bytes podcast to talk about his experience and concerns with direction of government policy that may be mistaking an IP policy for an innovation one.

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March 20, 2023 — 6 comments — Podcasts
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