Debate on Bill C-22, the Lawful Access Act, continued this week with Public Safety Minister Gary Anandasangaree and Secretary of State for Combatting Crime Ruby Sahota leading the government’s case on Wednesday. I posted earlier on the first day of debate, which was notable for what the government chose not to say, as Justice Minister Fraser devoted just a single paragraph to the bill’s expansive metadata retention provisions and offered only process answers to questions about systemic vulnerability risks. The government continues to do its best to ignore the metadata issue, but the most alarming outcome of the debate was the admission that the current bill may only be the starting point, with support for an even broader scope in follow-up regulations or legislation.
Blog
Win, Lose or Draw?: The Federal Court of Appeal Overrules a Key Copyright Case on Procedural Grounds
Nearly two years ago, I wrote that the Federal Court had issued a major decision on the relationship between fair dealing and digital locks, concluding that copyright’s anti-circumvention rules do not trump user rights (podcast on the case here). That decision, Blacklock’s Reporter v. Attorney General of Canada, was a big win for user rights because, for the first time, a court ruled that Canada’s anti-circumvention rules (aka digital lock rules) were subject to fair dealing. Last month, the Federal Court of Appeal set aside that judgment, ruling that the declarations in the lower court decision should never have been issued in the first place because they lacked “practical utility.” In basic terms, the case was “moot” since Blacklock’s had tried to withdraw the lawsuit and did not require a ruling. But while rights holders seem ready to celebrate, the reality is that the new ruling does not say the Federal Court was wrong on any of the substantive copyright questions.
The Lawful Access Debate Begins: Canadians Should Pay Attention to What the Government Isn’t Saying
When the government introduced Bill C-2 last year, it buried the lawful access provisions at the end of an omnibus border security bill and said as little about it as possible. The strategy failed, the provisions were abandoned after widespread criticism, and the government spent months consulting stakeholders before trying again. Bill C-22, the Lawful Access Act, is the follow-up attempt. If the first day of House debate on the bill is any indication, the approach hasn’t changed, as the government is once again hoping no one notices what is actually in the bill.
The Global Battle for Data Control: How the 2026 U.S. Report on Trade Barriers Targets Data Sovereignty Worldwide
My Globe and Mail op-ed last week argued that the U.S. is pursuing a two-pronged strategy on cross-border data: the CLOUD Act to assert legal access wherever data sits, and trade policy to pressure countries that try to move their data beyond that reach. This post provides the underlying data that the op-ed could not fit with a fuller picture of what the 2026 U.S. National Trade Estimate Report on Foreign Trade Barriers (NTE) actually says about cloud computing and data sovereignty across the globe.
Heads They Win, Tails We Lose: What Lies Behind the U.S. Trade Battle For Control over Data
My Globe and Mail op-ed begins by noting that the Trump administration’s emphasis on tariffs continues to garner headlines, but a more consequential trade battle over data control is playing out with far less public attention. Last week, the U.S. released its annual report on trade barriers and for the first time, Canada was listed alongside dozens of other countries for seeking greater control over its own data. The message is clear: When countries enact laws that restrict where data is stored and who can access that information, the U.S. treats them as a trade threat.
Recent Posts
AI Without Canada: Why the Heritage Committee’s AI Report Could Lead to Less Canadian Content in the Training Data 
Addressing the AI Policy Challenge: My Appearance before the Standing Senate Committee on Transport and Communications 
Lawful Access Heads to Committee: The Opposition Found Its Voice, the Government Never Found Its Defence 
Is Data De-Identification Dead?: Why the AI Privacy Risk Isn’t What It Learns, But What It Figures Out 
The Law Bytes Podcast, Episode 265: Jason Millar on Claude Mythos, Project Glasswing, and the Governance Crisis in Frontier AI
