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

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 4 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
Nooooes! by Andrew Currie https://flic.kr/p/c2do3S CC BY-SA 2.0

The Law Bytes Podcast, Episode 247: My Senate Appearance on the Bill That Could Lead to Canada-Wide Blocking of X, Reddit and ChatGPT

Bill S-209, the legislative effort to establish age verification requirements for sites and services that are said to facilitate access to pornography, is back. The bill has some modest improvements from the earlier S-210, but the core concerns – overbroad scope that lumps in social media companies, Internet providers, and AI services with pornography sites, the privacy and equity implications of mandated age verification, and the use of nationwide website blocking – remain. Last week, I appeared before the Standing Senate Committee on Legal and Constitutional Affairs where I identified many of the concerns with the bill and engaged in a detailed discussion with multiple senators. This week’s Law Bytes podcast goes inside the hearing room for my opening statement and the Q&A with Senators that followed.

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October 27, 2025 8 comments Podcasts
What's on the blacklist? Three sites that SOPA could put at risk by opensource.com (CC BY-SA 2.0) https://flic.kr/p/aZhtRV

Senate Bill Would Grant Government Regulatory Power to Mandate Age Verification For Search, Social Media and AI Services Accompanied By Threat of Court Ordered Blocking of Lawful Content

The return of mandated age verification legislation in the Senate – formerly Bill S-210 and now S-209 – has been working its way through a Senate committee with a wide range of witnesses appearing over the past two weeks. I wrote about the new bill in late May, noting that there were some improvements, including an exclusion of sites that “incidentally and not deliberately is used to search for, transmit, download, store or access content that is alleged to constitute pornographic material”. However, I argued that the bill still raised concerns, including the privacy implications of mandated age verification technologies and the establishment of website blocking requirements that would block access to lawful content in Canada. I will be appearing before the committee later this month, but discussion last week at committee merits immediate comment.

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October 15, 2025 11 comments News