Canadian digital law and policy in 2024 featured the long-delayed online harms bill, controversial implementation of streaming and online news legislation, as well as a myriad of notable copyright, AI, and privacy court cases. Government legislation stalled in the House of Commons, but with trade battles over a digital services tax, a competition case against Google, and plans to kick TikTok out of the country, there were no shortage of high profile issues. For this final Law Bytes podcast of 2024, I go solo without a guest to talk about the most significant developments in Canadian digital policy from the past year.
DANGER INTERNETS AHEAD by Les Orchard (CC BY-NC 2.0) https://flic.kr/p/cSsSX
Online Harms
Government Finally Splits the Online Harms Bill: Never Too Late To Do The Right Thing…Or Is It?
Justice Minister Arif Virani yesterday finally bowed to public pressure by agreeing to split Bill C-63, the Online Harms bill. The move brings to an end the ill-conceived attempt to wedge together Internet platform responsibility with Criminal Code provisions and the potential weaponization of the Canada Human Rights Act that had rightly sparked concerns from a wide range of groups. I wrote about the need to drop those provisions two days after the bill was introduced last February. By the time the fall had rolled around, it was hard to find anyone who supported the bill in its current form.
The Law Bytes Podcast, Episode 212: Matt Hatfield on the State of Canadian Digital Policy as Politicians Return from the Summer Recess
Parliament resumes after a summer break today. While digital policies receded into the background over the past few months, the political intrigue of by-elections and a minority government without an NDP deal will be accompanied by questions about what happens to Bill C-63, Canada’s online harms bill, Bill C-27, the privacy and AI reform bill, Bill S-210, the age verification bill, and a myriad of other regulatory and policy issues. Matt Hatfield is Executive Director of Open Media, one of Canada’s leading digital rights organizations. He joins the Law Bytes podcast to break down where things stand and what other digital policies may command attention.
Government’s Choice for Chief of Human Rights Commission Cited Terrorism as a Rational Strategy With High Rates of Success
The government’s choice for chief of the Canadian Human Rights Commission has been mired in controversy this week given his failure to disclose a record of posts and appearances that call into question the ability for Jewish or Zionist Canadians to get a fair, impartial hearing at the Commission. Birju Dattani, who formerly was known as Mujahid Dattani, is now the subject of an independent investigation by the Ministry of Justice as the calls for his resignation or replacement from stakeholder groups continue to mount, former Justice Minister David Lametti questions his suitability for the position, and MPs express non-confidence in him.
Virani’s Failed Human Rights Commission Choice: Why the Dattani Appointment Irreparably Harms both the Commission and Bill C-63
Justice Minister Arif Virani and the federal government spent years crafting Bill C-63, the Online Harms Act. After facing widespread criticism on the initial plans in 2021, the government consulted extensively before tabling a revised bill in February 2024 that ditched much of its previous thinking in favour of a more flexible “duty to act responsibly” for Internet platforms. Like many, I’ve argued that the Internet provisions in that bill are much improved and provide a good starting point for dealing with a real issue. However, mounting concerns about the inclusion of Criminal Code and Human Rights Act reforms – alongside doubts about enforcement – have sparked fears that the bill could be used to suppress lawful speech with all three opposition parties expressing concern about the bill’s current structure.
Given the concerns, the government has an uphill battle building public trust in the legislation of which enforcement is a critical component. In short, if Canadians do not trust the two agencies charged with enforcing the law – a future Digital Safety Commission and the current Canadian Human Rights Commission – then no amount of tinkering will save the government’s legislative plans.
Recent Posts
Canada’s DST Debacle a Case Study of Digital Strategy Trouble 
Canadian Government Caves on Digital Services Tax After Years of Dismissing the Risks of Trade Retaliation 
The Law Bytes Podcast, Episode 238: David Fraser on Why Bill C-2’s Lawful Access Powers May Put Canadians’ Digital Security At Risk 
Ignoring the Warning Signs: Why Did the Canadian Government Dismiss the Trade Risks of a Digital Services Tax? 
Why Bill C-2 Faces a Likely Constitutional Challenge By Placing Solicitor-Client Privilege at Risk
