Four months ago this weekend, the government introduced Bill C-34, the Safe Social Media Act, with the headline promise to establish a social media ban for those under 16. The bill has attracted enormous attention from supporters and critics alike, yet the government still has not released the Charter statement that is supposed to accompany it. The Department of Justice Act requires the Minister of Justice to issue a Charter statement for every government bill that sets out its potential effects on Charter rights, with the express purpose of informing both Parliament and the public. Charter statements have been released for bills tabled after Bill C-34, including Bill C-36, the privacy reform bill that works in partnership with Bill C-34. Yet nothing has happened in four months on Bill C-34 and the social media ban.
Post Tagged with: "charter statement"
Wilful Blindness?: How the Lawful Access Charter Statement Skips Bill C-22’s Most Constitutionally Vulnerable Provisions
The committee hearings on Bill C-22, the lawful access bill, kick off later today with an appearance by Justice Minister Sean Fraser and Public Safety Minister Gary Anandasangaree, who will presumably use the opportunity to affirm their support for the bill and reject concerns that certain elements are inconsistent with the Charter of Rights and Freedoms. That position reflects the government’s Charter statement on the bill, which was released late last month. The statement walks through the Charter implications of new provisions such as the confirmation of service demand, yet what makes it particularly notable is that it avoids addressing some of the bill’s biggest concerns altogether with scant or no attention paid to mandated metadata collection and the risks associated with systemic vulnerabilities. Indeed, it is as if the government believes that if it ignores the potential violation of fundamental rights, the issue magically disappears.
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.]
Recent Posts
The Missing Charter Statement: Why Hasn’t the Government Explained How Bill C-34’s Social Media Ban Complies with the Charter? 
Three Years After October 7th: Living With the Shockwaves 
What If the U.S. Demanded This? The Cloud Provider Conditions Behind Canada’s EU Digital Pivot 
Ontario is Done Waiting for Universities to Act on Campus Antisemitism 
Is Compromise on Encryption Possible? Why Bill C-22’s “Minor Opening” Leaves the Central Question Unanswered
