With today’s implementation of tariffs on both sides of the Canada-U.S. border, the level of mistrust between our countries has grown, whether urgent calls to “Buy Canadian” or boos and catcalls at the playing of the American national anthem. Should we continue down this path, Mr. Trump will surely seek to exploit more of Canada’s potential vulnerabilities. Last week, I co-wrote an op-ed with Kumanan Wilson on one such vulnerability: our health data, whose protection has yet to attract much attention but which could emerge as an issue.
Blog
Why the Trump Trade Threats Will Place Canadian Digital, Cultural, and AI Policy Under Pressure
If the first salvo fired by U.S. President Donald Trump in the form of a threatened 25-per-cent across-the-board tariff on Canadian goods (excluding energy, which would face a 10-per-cent levy) is a preview of future trade disputes, retaliatory tariffs alone will not solve the problem. Canada will need to turn to eliminating interprovincial trade barriers, rely on European and Asian trade deals to engage in new markets, and prepare for the prospect that long-standing Canadian regulations and market restrictions may face increasing pressure for an overhaul.
My Globe and Mail op-ed argues the need for change is particularly true for Canadian digital and cultural policy. Parliamentary prorogation ended efforts at privacy, cybersecurity and AI reforms and U.S. pressure has thrown the future of a series of mandated payments – digital service taxes, streaming payments and news media contributions – into doubt. But the Trump tariff escalation, which now extends to steel and aluminum as well as the prospect of reviving the original tariff plan in a matter of weeks, signals something far bigger that may ultimately render current Canadian digital and cultural policy unrecognizable.
Why Years of Canadian Digital Policy Is Either Dead (Prorogation) or Likely to Die (Trump)
The Canadian political and business communities are unsurprisingly focused on the prospect of U.S. President Donald Trump instituting 25% tariffs on Canadian goods and services. The threat of tariffs, which could spark a retaliatory response by Canada and fuel a damaging trade war, would likely cause serious harm to the Canadian economy. But tariffs aren’t the only story arising from new Trump actions in his first day in office. Amidst the many executive orders signed on day one are several with significant implications for Canadian law, particularly Canadian digital policies such as the digital services tax, mandated streaming payments arising from Bill C-11, and mandated payments for news links due to Bill C-18. When combined the government’s decision to prorogue Parliament earlier this month, the results of years of Canadian digital laws and policies now largely fall into two groups: those that have died due to prorogation and those that are likely to die due to Donald Trump.
New Era and New Risks: Meta’s Content Moderation Reforms and Freedom of Expression Online
Meta CEO Mark Zuckerberg yesterday announced significant new changes to the company’s content moderation policies. The five-minute video is worth watching in its entirety, as it demonstrates the shifting political sands that seemingly pressured even the world’s largest social media company to pay heed. Zuckerberg said the company’s reliance on third-party fact checkers had resulted in too much censorship and vowed to return to an emphasis on freedom of expression. That means the fact checkers are gone, replaced by the Twitter (X) model of community notes. Moreover, the company is moving its content moderation team from California to Texas (a nod to claims the California-based teams were biased), increasing the amount of political content in user feeds, and pledging to work with the Trump administration to combat content regulation elsewhere, including in Europe and South America.
The Year of Disbelief: The Relentless Rise of Antisemitism in Canada
I’ve posted several year-in-reviews of Canadian digital policy (blogs, podcasts, Substacks), but the most important story this year for me and the Jewish community was the relentless rise of antisemitism in Canada. Over the course of the year, I appeared before the Standing Committee on Canadian Heritage to emphasize the chilling effect of antisemitism, wrote op-eds in the Globe and Mail (2), National Post, and the Hub, and posted countless pieces on antisemitism in our streets and campuses. There were posts on the need for academic institutions to adhere to the principle of institutional neutrality, support for the government’s guide on the IHRA definition of antisemitism, social media challenges, and even a podcast on Wikipedia’s antisemitism problem. Canada is not alone in dealing with a dramatic rise in antisemitism, but when the attacks hit your synagogue, school, or community centre and it is your leaders that fail to respond, it hits close to home.
Recent Posts
Government Reverses on Privacy and the Charter: Department of Justice Analysis Concludes Political Party Privacy Bill Raises No Charter of Rights Effects 
“Big Brother Tactics”: Why Bill C-2’s New Warrantless Disclosure Demand Powers Extend Far Beyond Internet and Telecom Providers 
Government Seeks To Exempt Political Parties From Privacy Laws Even As CRTC Reports They Are Leading Source of Spam Complaints 
The Law Bytes Podcast, Episode 236: Robert Diab on the Return of Lawful Access 
Government Remains Silent as it Eviscerates Political Party Privacy in Canada By Fast Tracking Bill C-4
