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Charter Statement, Bill C-18

The Missing Bill C-18 Charter Statement: Why Did the Justice Department Remove the Document Confirming the Online News Act Includes Payments for Internet Linking?

Last Tuesday, Justice Minister David Lametti tabled his department’s Charter statement for Bill C-18, the Online News Act. A link to the statement appeared briefly on the department’s website, but by the end of the week reference to the Bill C-18 Charter statement was removed from the Justice site altogether. As of this morning, there is still no reference to the statement, even though it is a public document having been tabled in the House of Commons. In fact, I have now obtained a copy of the Charter statement and posted it publicly here with an embed below. The department will presumably re-post the statement at some point and it would be useful to confirm that it remains unchanged and provide an explanation for the online removal (I asked and did not get a response). [UPDATE: Hours after this blog post went live, the government posted the Charter statement.]

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June 28, 2022 6 comments News
PRIVACY by Metro Centric https://flic.kr/p/7Vghrt (CC BY 2.0)

The Law Bytes Podcast, Episode 132: Ryan Black on the Government’s Latest Attempt at Privacy Law Reform

Parliament is now on break for the summer, but just prior to heading out of Ottawa, the government introduced Bill C-27. The privacy reform bill that is really three bills in one: a reform of PIPEDA, a bill to create a new privacy tribunal, and an artificial intelligence regulation bill. What’s in the bill from a privacy perspective and what’s changed? Is this bill any likelier to become law than an earlier bill that failed to even advance to committee hearings? To help sort through the privacy aspects of Bill C-27, Ryan Black, a Vancouver-based partner with the law firm DLA Piper (Canada), joins the Law Bytes podcast to discuss everything from changes to consent requirements to how the law will be enforced.

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June 26, 2022 3 comments Podcasts
The algorithm is gonna get you by Duncan C https://flic.kr/p/2kzyYQ7 (CC BY-NC 2.0)

CRTC Chair Ian Scott Confirms Bill C-11 Can Be Used To Pressure Internet Platforms to Manipulate Algorithms

The Senate Standing Committee on Transport and Communications held an exceptionally important hearing as part of its Bill C-11 pre-study (which is about to change into a Bill C-11 study) last night featuring Canadian Heritage officials and CRTC Chair Ian Scott. I will have a second post on the officials, who struggled to provide clear answers to basic questions on everything from how to identify what counts as Cancon for user content (Youtube’s Content ID was suggested) to the absence of thresholds for what is covered by the bill (there are no thresholds and the government wants the ability to also target small streamers). But the key moment of the day came in questioning Scott about the discoverability and the potential for algorithmic manipulation.

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June 23, 2022 21 comments News
Senate Chamber, Canadian Parliament Centre Block by Tony Webster (CC BY 2.0) https://flic.kr/p/ouR8kb

My Appearance Before the Senate Transport and Communications Committee on Bill C-11: The Senate Starts Review As Bill Receives House Approval

The Senate Standing Committee on Transport and Communications started its Bill C-11 pre-study yesterday just hours before the the bill passed third reading in the House of Commons. The bill quickly moved to first reading in the Senate, though at this stage it would appear that there will be just one more hearing involving departmental and CRTC officials before the summer recess. The House vote was widely expected as the government received support from the NDP on several occasions to limit debate. The Bloc and Green MP Elizabeth May also supported the bill, while it was opposed by the Conservatives and Green MP Mike Morrice.

I was pleased to appear before the Senate committee together with former CRTC Chair Konrad von Finckenstein as part of its first panel of the day. The questions and answers touched on a wide range of issues including discoverability and public support for the sector. My opening remarks are posted and embedded below:

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June 22, 2022 1 comment News
Functioning Democracy by Adrian McEwen (CC BY 2.0) https://flic.kr/p/oqaANk

The Law Bytes Podcast, Episode 131: The Bill C-11 Clause-by-Clause Review – What “An Affront to Democracy” Sounds Like

Last week, the Standing Committee on Canadian Heritage rushed through the clause-by-clause review of Bill C-11 in a manner that should not be forgotten or normalized. Despite the absence of any actual deadline, the government insisted that just three two hour sessions be allocated to full clause-by-clause review of the bill. Once the government-imposed deadline arrived at 9:00 pm, the committee moved to voting on the remaining proposed amendments without any debate, discussion, questions for department officials, or public disclosure of what was being voted on. This week’s Law Bytes podcast features clips from a hearing that one Member of Parliament described as “an affront to democracy”.

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June 20, 2022 1 comment Podcasts