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Midnight by Tim Ellis (CC BY-NC 2.0) https://flic.kr/p/68ExCk

Midnight Madness: As Canadians Slept, the Liberals, Bloc and NDP Combined to Pass Bill C-10 in the House of Commons

The Liberal government strategy of multiple gag orders and a “super motion” to limit debate bore fruit last night as Bill C-10 received House of Commons approval at 1:30 am. The Parliamentary process took hours as the government passed multiple motions to cut short debate, re-inserted amendments that had been previously ruled null and void, and rejected a last-ditch attempt to restore the Section 4.1 safeguards for user generated content. The debate included obvious errors from Liberal MPs who were presumably chosen to defend the bill. For example, Julie Dabrusin, the Parliamentary Secretary to the Minister of Canadian Heritage, said that Section 2.1 in Bill C-10 “specifically excludes content uploaded by users.” Only it doesn’t as Dabrusin should know given that 2.1 covers users not content and she was the MP who introduced the amendment at committee to remove Section 4.1, which was the provision that excluded content uploaded by users.

Given the public support from the Bloc for cutting short debate, the outcome last night was never really in doubt. Perhaps the most interesting vote of the night came with a motion from Conservative MP Alain Rayes, which once again called for the re-insertion of Section 4.1. While the motion was defeated with the support of Liberal, NDP, and Bloc MPs, there were several notable exceptions. Liberal MPs Nate-Erskine Smith and Wayne Long both abstained and former Justice Minister (and now independent MP) Jody Wilson-Raybould voted in favour of the motion. The report stage was limited to one hour of debate, which meant that the 23 amendments were again subject to no real debate or discussion. Once the bill passed the report stage, it was on to third and final reading, which was limited to 15 minutes of debate per party. The vote followed just before 1:30 am with the Liberals, NDP, and Bloc once again supporting Bill C-10. Wilson-Raybould joined with the Conservatives in voting against it [full vote by MP here].

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June 22, 2021 56 comments News
What are you looking at? by Jonas Bengtsson https://flic.kr/p/3bkGjq (CC BY 2.0)

The Law Bytes Podcast, Episode 93: Lex Gill on the RCMP, Clearview AI and Canada’s History of Surveillance

Earlier this month, the Privacy Commissioner of Canada released a scathing report on the RCMP’s use of facial recognition technology, particularly its work with Clearview AI. The report was particularly damaging as the Commissioner found that the RCMP wasn’t truthful when it said it didn’t work with Clearview AI and then gave inaccurate information on the number of uses when it was revealed that it did. In fact, even after these findings, the RCMP still rejected the Privacy Commissioner’s findings that it violated the Privacy Act.

Lex Gill is a Montreal-based lawyer where she is an affiliate at the Citizen Lab and teaches at McGill University’s Faculty of Law. She has also worked at the Canadian Civil Liberties Association and the Canadian Internet Policy and Public Interest Clinic. She joins the podcast to discuss the Commissioner’s findings and to explain why this is best viewed as part of a long cycle of surveillance that has often targeted social movements or vulnerable populations.

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June 21, 2021 2 comments Podcasts
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Real Talk: Canada Research Chair for Internet Law, Dr. Michael Geist Dissects the Broadcasting Act Bill C-10

I appeared on the Real Talk podcast hosted by Ryan Jesperson, on June 18, 2021.

In the episode, we talked about Bill C-10 and its implications.

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June 18, 2021 Comments are Disabled ExtPodcasts
2012 "Net Neutrality" by Free Press. (CC BY-NC-SA 2.0). https://flic.kr/p/ciEBXf

The Dean Blundell Show: with Michael Geist, James Difiore, Jeff Woods, Lochlin Cross & Mike Bullard

I appeared on episode 475 of The Dean Blundell Show on June 18, 2021.

In the episode, we discussed the updates on Bill C-10.

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June 18, 2021 Comments are Disabled ExtPodcasts
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Null and Void: Speaker of the House of Commons Strikes Down Numerous Bill C-10 Amendments

The government’s desperate attempt to pass Bill C-10 took another turn yesterday as the Speaker of the House of Commons declared many amendments “null and void”. The ruling came after the committee studying the bill voted on them despite a ruling from committee chair Scott Simms that doing so was a violation of the gag order limiting debate. As a result of MPs overruling the chair, the committee proceeded to vote on dozens of undisclosed amendments without any debate or discussion. The secretive law making process attracted considerable attention and once the bill returned to the House – complete with another attempt from Canadian Heritage Minister Steven Guilbeault to limit debate – Conservative MP Blake Richards challenged those amendments on a point of order. The Speaker of the House agreed and declared the amendments null and void.

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June 16, 2021 14 comments News