As the Standing Committee on Canadian Heritage continues its study on Bill C-10, it has also received some notable submissions from organizations and experts that raise further questions about the wisdom of the bill. One submission not yet posted (but provided to me with the consent to post) comes from Philip Palmer, former Senior General Counsel with the Department of Justice focused on communications law. Palmer spent decades in government focused on telecommunications and competition law issues. His expert opinion is that Bill C-10 is unconstitutional since on-demand streaming services such as Netflix are not inter-provincial undertakings and therefore are not subject to the federal government’s jurisdiction over broadcasters.
Post Tagged with: "quebec"
The LawBytes Podcast, Episode 56: Eloïse Gratton on Quebec’s Plan to Overhaul its Privacy Law
The state of Canadian privacy law has been ongoing source of concern with many experts concluding that the law is outdated and no longer fit for purpose. This is particularly true when contrasted with rules in the European Union that feature tough penalties and new privacy rights. It would appear that the province of Quebec has concluded that the waiting has gone on long enough. The provincial government recently introduced Bill 64, which if adopted would overhaul provincial privacy laws and provide a potential model for both the federal government and the other provinces.
Eloïse Gratton is a partner at the law firm of Borden Ladner Gervais in Montreal and recognized as one of Canada’s leading privacy law practitioners. She joins the podcast to break down Bill 64 and its implications for privacy enforcement, accountability and new privacy rights.
Court Rules Quebec Plan for Mandated ISP Blocking of Online Gambling Sites is Unconstitutional
The Quebec Superior Court has ruled that the provincial rules creating a mandated ISP blocking system for unlicensed online gambling sites is unconstitutional. The provincial government introduced the rules in 2015, which create a list of unlicensed sites that ISPs must block or face financial penalties. While the government tried to frame the blocking system as a health and safety measure, it was always obvious from its own documentation that the plan was primarily focused on increasing revenues of Loto-Quebec, a provincially licensed online gambling site.
Quebec Digital Sales Tax Plan Shows It Is Easier Said Than Done
Government officials and cultural groups in Quebec have been banging the drum for much of the past year for the imposition of digital sales taxes on services such as Netflix. The debate is often framed around the notion that Netflix and other Internet companies should be collecting sales tax like any other service provider. Supporters argue that other countries have begun to levy sales taxes on digital services and Canada should do the same.
My Globe and Mail op-ed notes the federal government has sent mixed signals to date, with Prime Minister Justin Trudeau rejecting new taxes on the grounds that Canadians “pay enough for the Internet”, Canadian Heritage Minister Mélanie Joly seemingly keeping the door open to new taxes, and Finance Minister Bill Morneau committing to studying the issue while international standards develop.
Government-Mandated Website Blocking Comes to Canada as Quebec’s Bill 74 Takes Effect
With little fanfare, Quebec passed website blocking legislation last week. Bill 74 took effect on May 18th, setting up a likely court showdown between the Quebec and federal governments. As discussed in several articles and posts over the past year (here and here), Quebec’s Internet blocking legislation requires Internet service providers to block access to a list of online gambling sites to be identified by the government-backed Loto-Québec. The government now characterizes the legislation as a matter of consumer protection, but it did not initially hesitate to emphasize that its primary goal was to increase revenues for Espace-Jeux, its officially sanctioned online gambling service.
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