Law Bytes

I’m not quite sure how this happened, but somehow this is the 250th episode of the Law Bytes podcast. To mark this milestone, I’m joined by Jan Gerlach, Wikimedia’s Director of Public Policy, who leads its EU advocacy work, including efforts on UK Online Safety Act. This is particularly relevant in a Canadian context since this work has touched on issues such as user identification, platform regul...

The government’s AI consultation concluded at the end of October with expectations that a strategy will emerge before the end of the year. I participated in the consultation with a brief submission and in an appearance as a witness before the Standing Committee on Canadian Heritage for its study on the effectiveness of technological advances in artificial intelligence on the creative sector. That...

AI Minister Evan Solomon’s AI public consultation – framed as a 30 day sprint – wrapped up last week with expectations that the government will unveil a new AI strategy by the end of the year. Much of the emphasis to date has focused on how Canada can ensure that it is an AI leader with Solomon previously warning about how the government may have “over-indexed” on AI regulation. Mark Surman, the P...

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...

Stablecoins have increasingly begun to enter the mainstream with previously reticent policy makers, regulators, and financial institutions now shifting toward regulatory frameworks that seem more supportive of their development. The U.S. has been the most aggressive with the recent passage of the GENIUS Act, but Canadian officials have taken notice and begun to speak openly about the issue. Mohame...

Bill C-2, the government’s proposed lawful access legislation, has been the subject of several prior episodes covering warrantless disclosure of information as part of the new information demand power in Part 14 of the bill as well as some of the surveillance technology capabilities found in Part 15. Those remain major issues, but there is another element of the bill that deserves greater attentio...

The “right to be forgotten” – perhaps better characterized as a right to de-index -  has been a hotly debated privacy issue for well over a decade now, pitting those that argue that the harms that may come from the amplification of outdated but accurate content outweighs the benefits of maintaining such content in search indexes. The issue gets its start in Europe, but the Canadian experience has...

The return of the Law Bytes podcast series this week coincides with the return of Parliament from its summer break. Digital policy may not be at the very top of the legislative agenda, but there are no shortage of issues that could attract attention. This includes lawful access legislation introduced last June, the prospect of online harms safeguards, and ongoing concerns regarding privacy and art...

The pressure to adopt new legal technologies, notably including AI, continues to increase as lawyers, law firms and their clients look for new efficiencies and tools to improve the practice of law. But these tools aren’t always easy to adopt – pilot programs, costs, fear of new technology, and security concerns are part of the package. Sukesh Kamra leads Tory’s Knowledge and Innovation team having...

TikTok’s decision to pull support for multiple Canadian cultural organizations and events in light of the federal government’s decision to ban the company from operating in the country has sparked increasing concern. Putting the spotlight on TikTok makes sense, but it risks missing the bigger picture which involves a steady stream of funding cancellations in response to Canadian digital cultural p...

Canada’s outdated and discouragingly ineffective access to information system has languished for years to the frustration of many transparency advocates. One potential fix – or at least improvement – would be for government departments and agencies to make the full text of the records from access requests available to the public by default online. Yet the biggest barrier to that approach has been...

Two days after U.S. President Donald Trump threatened to suspend all trade negotiations with Canada unless it rescinded the digital services tax, Canadian Finance Minister François-Philippe Champagne announced that the government was rescinding the tax. The rise and fall of the Canadian DST was marked by repeated warnings of potential U.S. retaliation, the Canadian government’s dismissal of the ri...

The Bill C-2 lawful access focus has thus far primarily centred on the creation of a new warrantless information demand power and the expansion of production orders to access information. Those provisions are found in Part 14 of the bill, but there is also a Part 15 that requires closer scrutiny. It grants law enforcement access to electronic service provider networks, including inspection, oversi...

The government’s unexpected privacy reform agenda includes both lawful access in Bill C-2 and the evisceration of political party privacy in Bill C-4. While Bill C-4 is framed as implementing affordability measures, it also exempts political parties from the application of privacy protections on a retroactive basis dating back to 2000. To examine the importance of political party privacy and the i...

Lawful access is back. Bill C-2, the government’s border bill, includes a new information demand power that would result in warrantless disclosure of information about a subscriber, a new international production order, and requirements for providers to assist law enforcement in working with their networks. There will no doubt be multiple podcast episodes devoted to this bill in the coming months....

The privacy concerns with Clearview AI sparked investigations and court cases around the world. The issues date back many years, but recently an Alberta court weighed in on the application of provincial privacy law in a decision that has big implications not only for that company but for the intersection between privacy and generative AI. To help unpack the ruling, I’m joined this week on the Law...

The CRTC recently wrapped up a two-week hearing on the Online Streaming Act that featured most of the usual suspects, though notably not the large streaming services. The Commission grappled with foundational issues such as modernizing the definition of Canadian content, instituting IP requirements, and introducing new discoverability rules into Canada’s broadcasting regulatory framework. Mark Mus...

The discussion on the intersection between AI and the law, especially with respect to legal services continues to grow. From lawyers that mistakenly rely on AI generated cases to AI support for due diligence and comment review, the role of AI within legal practice has emerged as a critical issue. Professor Abdi Aidid is a law professor at the University of Toronto, where he has focused on these is...

Digital policy did not play a major role in the recent federal election, but the new Mark Carney Liberal government is quickly going to face a wide range of digital-related policy questions. This week’s Law Bytes podcast examines the short, medium and longer term issues including the future of the digital services tax, Canadian digital sovereignty, and the fate of legislation that did not make it...

As the 2025 federal election passes the midway point, it is increasingly apparent that the federal political parties are not only battling for votes, but also for data. Canadians may not see it but political parties are data machines anxious to collect and use as much data about potential supporters as possible. Sara Bannerman is the Canada Research Chair in Communications Policy and Governance at...

The 2025 federal election is now in its second week and the battle for attention and ultimately votes is taking place both online and offline. The enormous influence of online sites such as Twitter, Facebook, TikTok and a handful of others raises real issues about how information spreads, its reliability, and risks of misinformation and disinformation. Aengus Bridgman is the Director of the Media...

With a federal election just called and the campaign now underway, the focus will turn - at least in very small part - to party policies. It is certainly possible that digital issues such as AI regulation, online harms, and the fate of Internet laws will merit a mention. I’m hoping to cover those issues in the weeks ahead, but this week, I offer one last look back. Last month, I delivered the keyn...

The craziness of the Trump administration relationship with Canada was on full display this past week as seemingly every day involved some form of policy change on tariffs – first on, then slightly delayed for some goods, then slightly delayed for more goods and by week’s end threats of new tariffs. Given the uncertainty, I recently co-wrote an op-ed in the Globe and Mail together with Dr. Kumanan...

Debates over the role and future of the CBC are seemingly about as old as the CBC itself. Those debates have become increasingly fractious in recent years as some see the public broadcaster as essential to Canadian culture and to address concerns about misinformation, while other insist it is hopelessly biased, outdated, and a threat to marketplace competition. Tara Henley is a Canadian writer, jo...

The trade battle between Canada and the U.S. took a brief break last week as hours before the Trump tariffs were scheduled to take effect, President Trump agreed to a 30 day delay in return for various border measures. That brought a sigh of relief but no real sense that the issue is over. Indeed, quite the opposite – as future battles over tariffs and other measures appear very likely. Professor...