Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh

Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh

Privacy

10 by Leo Reynolds https://flic.kr/p/j2BS3 CC BY-NC-SA 2.0

The Year in Review: Top Ten Posts

This week’s Law Bytes podcast featured a look at the year in review in digital law and policy. Before wrapping up for the year, the next three posts over the holidays will highlight my most popular posts, podcast episodes, and Substacks of the past year. Today’s post starts with the top posts, in which two issues dominated: lawful access and antisemitism. While most of the top ten involves those two issues, the top post of the year featured an analysis of the government’s approach to the digital services tax, which ultimately resulted in an embarrassing climbdown by the government.

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December 23, 2025 0 comments News
Washington, D.C., United States of America, May 6, 2025 - Prime Minister Mark Carney signs the White House guest book as President Donald J. Trump stands behind him.Photo: Lars Hagberg, https://www.pm.gc.ca/

The Law Bytes Podcast, Episode 254: Looking Back at the Year in Canadian Digital Law and Policy

Canadian digital law and policy in 2025 was marked by the unpredictable with changes in leadership in Canada and the U.S. driving a shift in policy approach. Over the past year, that included a reversal on the digital services tax, the re-introduction of lawful access legislation, and the end of several government digital policy bills including online harms, privacy, and AI regulation. For this final Law Bytes podcast of 2025, I go solo without a guest to talk about the most significant developments in Canadian digital policy from the past year.

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December 22, 2025 0 comments Podcasts
133/365: Catch-22 by Matthew Rogers https://flic.kr/p/6Baoy8 CC BY-NC 2.0

The Catch-22 of Canadian Digital Sovereignty

My latest Globe and Mail op-ed begins by noting that digital sovereignty has emerged as the watchword driving Canada’s digital policy agenda, as the government seeks to position the country as a global leader in artificial intelligence and other emerging technologies. The increased emphasis on digital policy is welcome given the years of neglect or failed strategies that yielded little more than court challenges, trade disputes and blocked news links. Yet the focus on infrastructure spending as the key catalyst for addressing digital sovereignty risks is misplaced and unlikely to safeguard against lost autonomy and control.

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December 11, 2025 7 comments Columns
Federal Ministers Discuss Strong Borders Act, CPAC, November 19, 2025 https://www.cpac.ca/headline-politics/episode/federal-ministers-discuss-strong-borders-act--november-19-2025?id=99faa583-5d19-4c6b-9096-910aed21ac1b

Reversing the Reversal?: Government Puts Privacy Invasive Lawful Access Back on the Agenda

Last month, the government seemingly reversed course on its lawful access plans to grant law enforcement powers to demand warrantless access to personal information from any provider of a service in Canada. Buried in Bill C-2, a border measures bill, the lawful access provisions were the most expansive in Canadian history covering everyone from telecom providers to physicians to hotels. The bill sparked widespread opposition amid concerns that it was inconsistent with multiple Supreme Court of Canada decisions and the Charter of Rights and Freedoms. Yet it now appears that the reversal was short lived. Yesterday, Public Safety Minister Gary Anandasangree, Transport Minister Steve McKinnon, Secretary of State for Combatting Crime MP Ruby Sahota and a group of Liberal MPs held a press conference to urge swift passage of lawful access.

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November 20, 2025 4 comments News
Canadian federal election, 2021 by Open Grid Scheduler CC0 1.0 https://flic.kr/p/2msLGrC

How the Liberal and Conservative Parties Have Quietly Colluded to Undermine the Privacy Rights of Canadians

It hasn’t received much attention, but the government and official opposition – ie. the Liberals and Conservatives – have been quietly working to pass legislation that undermine the privacy rights of Canadians, effectively exempting themselves from the privacy rules imposed on everyone else. As I highlighted in June, Bill C-4 was promoted as “affordability measures” bill but it also includes provisions that exempt political parties from the application of privacy protections. The provisions, which come toward the end of the bill, are deemed to be in force as May 31, 2000, meaning that they retroactively exempt the parties from any privacy violations that may date back decades. The House of Commons Standing Committee on Finance wrapped up its study of the bill last week and incredibly it refused to hear from any witnesses that would speak to the issue. In fact, despite concerns raised in briefs from the Privacy Commissioner of Canada and the Commissioner of Elections, the committee (consisting almost entirely of Liberal and Conservative MPs) limited its discussion of an entire section of the bill to a thirty second description of the provisions from a government official. No witnesses, no debate, no acknowledgement of concerns raised by experts. It was as if the provisions do not exist.

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November 7, 2025 7 comments News