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Committee Room, West Block by Sean Marshall CC BY-NC 2.0 https://flic.kr/p/2hjUQcA

The Law Bytes Podcast, Episode 221: Inside My Canadian Heritage Committee Appearance on Freedom of Expression

The Standing Committee on Canadian Heritage has for the past month been conducting a study on protecting freedom of expression. The counters of the study aren’t entirely clear. In fact, after I was invited to appear, I asked for some sense of what the committee was looking to address. There wasn’t much detail, which has really left it open for witnesses to cover whatever issues they like.  I chose to focus my time on two issues: the expression implications of Canadian digital policy and the chilling effect of antisemitism. The two issues have really dominated my attention in recent months. Digital policy – including Bills C-11, C-18, C-63, and S-210 for years now and the antisemitism issues an enormous concern post October 7, 2023.

 This week’s Law Bytes podcast takes the listener into the hearing room and the wide range of questions from Liberal, Conservative, and Bloc MPs my opening statement sparked. 

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December 2, 2024 3 comments Podcasts
2017.08.13 Charlottesville Candlelight Vigil, Washington, DC USA 8045 by Ted Eytan https://flic.kr/p/Xrmv7E https://flic.kr/p/Xrmv7E

When Antisemitism Isn’t Taboo: Reflecting on the Response to Nazi-Era Hate on the Streets of Montreal

Last week, as Concordia students staged a “strike” to protest the ongoing Israel-Hamas war in Gaza, video captured someone giving a Nazi salute to nearby Jewish students while repeatedly declaring the “final solution is coming your way.” Antisemitism has become far too common, but this incident, which had unmistakable Holocaust echoes, still had the capacity to shock. Soon after, the culprit was identified as Mia Abdulhadi, the co-owner of two Second Cup coffee cafe franchises improbably located in the Montreal Jewish General hospital.

The Concordia events later gave way to violent riots in Montreal, but this particular case has been hard to shake. Part of it stems from the affirmation of the campus antisemitism concerns that have been voiced for many months by Jewish students and faculty. Despite the denials, the reality is that the line between legitimate protest and the use of reprehensible antisemitic slurs was blurred long ago. University presidents have acknowledged as much, yet largely failed to respond. The net effect – as evidenced last week – is that the Jewish community has faced intolerable discrimination on campus and is too often left to fear for its own safety.

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November 27, 2024 48 comments News
Day 207: I've Contracted An Agreement by Juli https://flic.kr/p/4H9qPz CC BY-NC-ND 2.0

The Law Bytes Podcast, Episode 220: Marina Pavlović on the CRTC’s Plans to Address Consumer Frustration Over Wireless Contracts

Consumer frustration with just about everything associated with Canadian communications services is well known. The list of concerns is long: high prices, contracts that lock in consumers but not providers, gaming prices to make comparison shopping difficult, and confusing consumer codes among them. As politicians have begun to take notice, the CRTC has suddenly become more active with several consultations and new consumer focused initiatives. My colleague Marina Pavlović, a law professor at the University of Ottawa, has been at the forefront of consumer rights law and communications services for many years. She joins the Law Bytes podcast to talk about the ongoing consumer challenges and the latest CRTC developments. 

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November 25, 2024 4 comments Podcasts
Standing Committee on Canadian Heritage, November 18, 2024 by Michael Geist

Protecting Freedom of Expression: My Heritage Committee Appearance on the Chilling Effect of Antisemitism

The Standing Committee on Canadian Heritage is in the midst of conducting a study on protecting freedom of expression that has opened the door to discussing a wide range of issues. I appeared as a witness before the committee yesterday and divided my opening remarks into two issues. First, I discussed the way digital policies (notably including Bills C-11, C-18, C-63, and S-210) all intersect with expression in either directly or indirectly, arguing that we haven’t always taken the protection of expression sufficiently seriously in the digital policy debate. Second, I focused on the challenge of when expression chills others expression,  using antisemitism as a deeply troubling example.

I will likely devote a future podcast to the full appearance and my exchanges with MPs, who wanted to learn more about both the speech implications of digital policy and some of the suggestions for addressing antisemitism. In the meantime, my opening comments are posted below in text with a video on the chilling effect of antisemitism. I discuss the myriad of concerns and identify steps that could be taken to mitigate against the harms, including clearly defined policies, such as the IHRA definition of antisemitism, active enforcement of campus policies and codes, principled implementation of institutional neutrality, leadership in speaking out against conduct that creates fear and chills speech, as well as time and place restrictions and bubble zone legislation to strike a much needed balance.

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November 19, 2024 10 comments News
TikTok vote in Congress by Victoria Pickering CC BY-NC-ND 2.0 https://flic.kr/p/2pEHKNn

The Law Bytes Podcast, Episode 219: Scott Benzie on What the Corporate TikTok Ban Means For Canadian Digital Creators

The recent announcement of a Canadian government decision to ban the corporate offices of TikTok but leave the app untouched has left many puzzled since the approach may actually make matters worse. The potential privacy and security risks associated with the app will remain but the ability to hold the company accountable will be weakened. While the government has downplayed the impact of the decision, the reality is that a TikTok exit from Canada will have an impact on Canadian digital creators. This Law Bytes podcast will break down the implications, including a discussion with Scott Benzie, the Executive Director of Digital First Canada, who identifies the digital creator concerns.

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November 18, 2024 4 comments Podcasts