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2023 US-Canada Summit by Eurasia Group https://flic.kr/p/2osjLzX CC BY 2.0

Why the Online Harms Act is the Wrong Way to Regulate AI Chatbots

In the wake of reports that AI Minister Evan Solomon may press AI companies such as OpenAI to more aggressively report potential safety risks identified in private chats to law enforcement, attention has quickly turned to the Online Harms Act as a potential regulatory solution. The Online Harms Act or Bill C-63, died on the order paper last year, but is expected to return in some form in the coming months. Given that the Act is tailor made to address online harms, it isn’t surprising that some would suggest that it could be expanded to cover AI chatbots.

Yet the law was deliberately designed to avoid doing what politicians want the AI companies to do as it expressly exempted private communications and proactive monitoring from its scope. Indeed, applying the Online Harms Act to AI chatbots would not simply extend existing online safety rules to a new technology. It would require dismantling core privacy safeguards which were added after the government’s earlier online harms proposal faced widespread criticism for encouraging platform monitoring and rapid reporting to law enforcement. In effect, proposals to use online harms to regulate AI chatbots risks reviving many of the same surveillance concerns that forced the government back to the drawing board just a few years ago.

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March 4, 2026 — 3 comments — News
OpenAI logo by ishmael daro https://flic.kr/p/2oZaMAk CC BY 2.0

More Transparency Not Police Reporting: Navigating the Safety-Privacy Balance for AI ChatBots

My Globe and Mail op-ed begins by noting that AI Minister Evan Solomon summoned executives from OpenAI to Ottawa last week to explain why the company declined to alert police that it had flagged the account of Jesse Van Rootselaar, the Tumbler Ridge shooter who killed eight people earlier this month. The company stopped short of warning authorities, concluding that the account activity did not meet its standard of an “imminent and credible risk of serious physical harm to others.” After the meeting, Mr. Solomon expressed disappointment with OpenAI, saying the company had not presented “substantial new safety protocols.” Justice Minister Sean Fraser said it expects OpenAI to make changes, or else the government would step in to regulate artificial intelligence companies.

The desire to hold someone responsible for the potential prevention of the Tumbler Ridge tragedy is understandable. Add in the mounting pressure for AI regulation, and OpenAI makes for a perfect target for blame and threats of government action. Yet holding AI chatbots liable for reporting to police what users privately post in their conversations creates its own risks, undermining privacy and effectively encouraging heightened corporate surveillance.

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March 3, 2026 — 1 comment — Columns
SenateCA tweet, https://x.com/SenateCA/status/2027197059397275879

Nobody Wants This: Senate Rejects Government’s Anti-Privacy Plan for Political Parties By Sending Bill Back to the House With a Sunset Clause

Faced with a bill that would leave political parties subject to weaker privacy rules than virtually any other major organization in Canada, the Senate voted yesterday to amend the bill by including a sunset clause on the privacy provisions that gives that the government three years to come up with something better. The change is designed to allow the new rules, which as the Senate heard repeatedly from experts and privacy commissioners are not real privacy rules at all, to apply immediately but expire in three years. This will have the effect of killing a B.C. privacy challenge that sparked the legislation in the first place. The bill heads back to the House of Commons, where the government can either accept the change and have the bill pass or reject the change and send it back again to the Senate. If it is sent back, the Senate is unlikely to oppose the privacy elements in the bill again.

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February 27, 2026 — 2 comments — News
Privacy Please by ricky montalvo (CC BY-ND 2.0) https://flic.kr/p/8RF3Ez

Time for the Government to Fix Its Political Party Privacy Blunder: Kill Bill C-4’s Disastrous Privacy Rules

Just weeks after last year’s election, Mark Carney’s government committed not one, but two privacy blunders in rapid succession. First, Bill C-2 – literally the first substantive bill of the new government – buried lawful access provisions in an omnibus “border measures” bill that would have established unprecedented warrantless access to the personal of information of Canadians. Second, days later it introduced Bill C-4, which was framed as affordability measures bill but included provisions that exempt political parties from the application of privacy protections. The bizarre assault on privacy felt like an opportunistic attempt to insert unpopular rules in the hope that few were paying attention. The strategy was failure: the government ultimately introduced a new border measures bill with lawful access removed (new lawful access rules are expected in their own bill this year) and now a Senate committee which studied the Bill C-4 privacy rules has recommended that they be killed, removed from the bill, or subject to a two-year sunset clause.

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February 18, 2026 — 6 comments — News
Instagram and TikTok logos displayed on a laptop by Cure Media https://flic.kr/p/2mdTmeZ CC BY 2.0

Court Ordered Social Media Site Blocking Coming to Canada?: Trojan Horse Online Harms Bill Clears Senate Committee Review

Critics of Senator Julie Miville-Dechêne’s successive bills that ostensibly target pornography sites have for years warned of the privacy and equity risks that arise from mandated age verification and the dangers of over broad legislation that would extend far beyond pornography sites by covering social media, search, and AI services. The Senate committee reviewing the latest iteration of those bill – Bill S-209 – met yesterday to conduct a clause-by-clause review of the bill. That the bill passed through committee pending some supplementary remarks was not a surprise. However, that the privacy and equity concerns barely merited a mention and that regulating social media sites was viewed as feature not a bug was a wake up call.

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February 6, 2026 — 6 comments — News
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