The Standing Committee on Industry, Science and Technology hearing into the Rogers outage was notable for how similar Tony Staffieri, the Rogers CEO, and Ian Scott, the Chair of the CRTC, sounded on key issues related to the outage and the state of Canadian telecom regulation. In fact, Conservative MP Tracy Gray noted during the hearing that “listening to the answers from the executives at the CRTC, I felt like I was actually questioning senior telecom executives not the regulator.” Ms. Gray wasn’t wrong. While it is obviously the role of the CRTC to regulate the industry, the two were often indistinguishable, leading me to create this quiz with actual quotes from the hearing from Staffieri and Scott. Can you tell the difference?
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The Law Bytes Podcast, Episode 136: Jeremy de Beer on SOCAN v. ESA, the Supreme Court’s Latest Endorsement of Copyright Balance and Technological Neutrality
The Supreme Court of Canada’s latest copyright decision – SOCAN v. Entertainment Software Association – affirms yet again that technological neutrality is a foundational element of the law and notably emphasizes that “copyright law does not exist solely for the benefit of authors.” My colleague Jeremy de Beer was an active participant in the case, writing an expert opinion during the Copyright Board phase of the case which reflects the approach that the court ultimately adopted. He joins the Law Bytes podcast to discuss the evolution of music distribution online, this latest case and the court’s commitment to copyright balance, as well as what might come next in the seemingly never-ending battle over Canadian copyright law.
Supreme Court of Canada on Copyright: “Copyright Law Does Not Exist Solely for the Benefit of Authors”
For much of the past two decades, copyright groups have steadfastly sought to deny what the Supreme Court of Canada has repeatedly endorsed, namely that the purpose of Canadian copyright law is to serve the public interest by balancing users’ and authors’ rights. Last week provided the latest episode in the ongoing series as the Court delivered yet another strong affirmation on the importance of copyright balance and the role of technological neutrality, confirming that “[c]opyright law does not exist solely for the benefit of authors.” The decision – SOCAN v. Entertainment Software Association – can read on at least four levels: (1) as a repudiation of SOCAN’s effort to establish a new, additional royalty for the “making available” of music; (2) as a confirmation of the importance of technological neutrality and copyright balance; (3) as an example of the flexibility associated with implementing the WIPO Internet treaties, and (4) as the undeniable entrenchment of Canadian copyright jurisprudence that now features deeply layered precedents on users’ rights.
Why The Government’s “Policy Intentions” For Bill C-11 Don’t Trump the Actual Text
Parliament may be on a summer recess, but the debate over Bill C-11, which is now in the Senate, continues. Yesterday, I engaged in a Twitter debate with Matthew Gray, an official in the office of Heritage Minister Pablo Rodriguez that ultimately focused on the relative importance of the government’s “policy intention” vs. the actual text of the bill. While officials and Minister Rodriguez regularly point to what they intend the bill to do, experts note that the text does not reflect those intentions.
The Law Bytes Podcast, Episode 135: Co-Chair Emily Laidlaw on the Work of the Government’s Expert Advisory Group on Online Safety
Canadian Heritage Minister Pablo Rodriguez created an Expert Advisory Group on Online Safety earlier this year to help craft a potential legislative and policy response to online safety and harms issues. The panel recently concluded its work and though the media focused on a failure to achieve absolute consensus from a group that by design had different views, the reality is that common ground was found on several key issues. Emily Laidlaw, who holds the Canada Research Chair in Cybersecurity Law at the University of Calgary, served as co-chair of the expert group. She joins the Law Bytes podcast to talk about how the panel functioned, where it found consensus, areas of disagreement, and what could come next for one of the thorniest Internet policy issues.











