Senator David Adams Richards, an acclaimed Canadian author who has won Governor-General Awards for both fiction and non-fiction as well as a Giller Prize, provided the most memorable Senate speech for the ill-fated Bill C-10, stating on the Senate floor in June 2021 that “I don’t think this bill needs amendments; I think, however, it needs a stake through the heart.” Bill C-10 died on the order paper soon thereafter, but its successor, Bill C-11, is in its final stages of debate at the Senate. Yesterday’s first day of third reading debate was notable for several reasons, none more than the re-emergence of Senator Richards, who provided a stunning rebuke of the bill and Canadian cultural policy.
Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP
Copyright
“Ongoing Concerns”: U.S. Objections to Canadian Digital Policies Spreads to the Senate
U.S. concerns with Canadian digital policy continues to mount with both the U.S. Administration and Senators from both parties raising fears of discrimination. U.S. pressure seems likely to grow as the issue emerges as a major irritant in the bi-lateral trade relationship with Canada’s most important trading partner. With U.S. President Joe Biden scheduled to visit Ottawa later this winter, it seems likely that digital policy – particularly a proposed digital services tax, Bill C-11, and Bill C-18 – will be on the agenda at the meeting.
The latest signals came last week at a bilateral meeting between U.S. and Canadian trade officials. The U.S. readout of the meeting states:
The Law Bytes Podcast, Episode 154: The House is Back – A Preview of Canadian Digital Policy as Parliament Resumes
The House of Commons and Senate return from a lengthy break this week and will likely run until late June with the occasional week or two off. Digital policy may not attract top line attention, but it has emerged as one of the government’s most active issues. This week’s Law Bytes podcast provides a preview of the upcoming session, looking at what may lie ahead for issues such as telecom policy, privacy reform, Bills C-11 and C-18, copyright, and trade policy.
The Law Bytes Podcast, Episode 152: Konrad von Finckenstein on the Challenges That Lie Ahead for the CRTC
The start of a new year often means a fresh start and for the CRTC, it meant welcoming a new chair, as Vicky Eatrides officially took over as chair a few days into 2023. Eatrides comes to the Commission at a particularly busy time with wireless competition concerns top of mind for many Canadians and the government set to ask the Commission to play a pivotal role in implementing Bills C-11 and C-18.
Konrad von Finckenstein is someone who knows quite a bit about the challenges faced by new CRTC chairs, having served in the role from 2007 to 2012. He was recently appointed to the Order of Canada for his many contributions to public life and he joins me on the Law Bytes podcast to reflect on those experiences in the context of the CRTC. Our conversation reflects on what is involved in launching entirely new programs, ensuring public engagement, and developing policies that enjoy both public support and can withstand potential legal challenges.
Listen Up: My Recent Podcast Appearances on Bills C-11, C-18 and Canadian Copyright Law
Parliament remains on break for most of the month of January, but that hasn’t cooled interest in Bills C-11 and C-18. I’ve appeared on several podcasts in recent weeks on these bills that may interest. Last week, I was pleased to appear on CBC’s Front Burner for an episode titled “Will Canada Make Web Giants Pay For News?”. The discussion with host Jayme Poisson focused on the implications of paying for links, the inclusion of the CBC in the system, and potential alternatives that would mitigate against the harms created by the bill.
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The Law Bytes Podcast, Episode 200: Colin Bennett on the EU’s Surprising Adequacy Finding on Canadian Privacy Law 
Debating the Online Harms Act: Insights from Two Recent Panels on Bill C-63 
The Law Bytes Podcast, Episode 199: Boris Bytensky on the Criminal Code Reforms in the Online Harms Act 
AI Spending is Not an AI Strategy: Why the Government’s Artificial Intelligence Plan Avoids the Hard Governance Questions
