Law Bytes

ChatGPT has taken the world by storm in recent months with the potential of generative AI – both positive and negative – top of mind in just about every sector. That is certainly true for the legal profession, where AI tools are becoming increasingly common and courts and regulators try to grapple with the implications. Amy Salyzyn is a colleague at the University of Ottawa who has written extensi...

The Online News Act has continued to create a political firestorm this summer with a legislative battle that leaves the future of some Canadian news organizations stuck in the middle between sabre rattling from the government and Internet platforms. Chris Waddell is a professor at and former director of the School of Journalism and Communication at Carleton University in Ottawa and also holds the...

Canada’s Access to Information system is now widely viewed as a failure, marked by extensive delays and processes that can be difficult to navigate. While the reforms continue to lag within government, the Globe and Mail has undertaken a remarkable project that does the work governments should be doing. Secret Canada is part giant ATIP database, part investigative series in the Globe in Mail on fr...

Bill C-18 passed the House and Senate and received royal assent last week, leading Meta to confirm that it will be blocking news sharing on its Facebook and Instagram platforms given the economic costs and uncertainty with the law. Meanwhile Google is reportedly in discussions with the government about whether regulations might be crafted in a way to avoid a similar outcome. I’ve covered Bill C-18...

With Parliament set to break this week for the summer, this week’s Law Bytes podcast provides a half-year report on what happened over the past six months. At the start of the year, I focused on five issues in 2023 preview: the role of Canadian Heritage, the increasing tensions over digital policy, the emergence of private members bills, wireless policy disputes, as well as privacy and AI regulati...

Bill C-18, the Online News Act, heads to clause-by-clause review this week at the Senate Transport and Communications Committee. The committee’s study of the bill wasn’t as extensive as Bill C-11, but it did hear from a very wide range of stakeholders and experts. Last month, I devoted the Law Bytes podcast to my appearance before the committee, including my opening statement and exchanges with va...

The right to repair would seem like a political no-brainer: a policy designed to extend the life of devices and equipment and the ability to innovate for the benefit of consumers and the environment. Yet somehow copyright law has emerged as a barrier on that right, limiting access to repair guides and restricting the ability for everyone from farmers to video gamers to tinker with their systems. T...

It has taken many months, but Bill C-27, the government’s long overdue effort at privacy reform finally is headed to committee for review. Philippe Dufresne, the Privacy Commissioner of Canada, has been patiently waiting for this moment, armed with a comprehensive review of the bill and a wide range of recommendations for amendments that include a more explicit framing of privacy as a fundamental...

Bill C-18, the Online News Act, has now shifted to the Senate, where the Transportation and Communications committee, is reviewing a bill that has led Meta to say it plans to block news sharing in Canada altogether in the bill passes in its current form. I appeared before the committee earlier this month with discussion that focused on a wide range of issues, including the risks of mandating payme...

For the second consecutive year, the government is using the Budget Implementation Act to quietly pass concerning legislation with minimal oversight or public attention. Last year, the BIA was used to extend the term of copyright in order to comply with the USMCA. This year, it is privacy that is at issue, with provisions related to political parties. Why would the government squeeze in privacy ru...

The recent dust-up between Twitter and the CBC over a “government funded media” label sparked fiery rhetoric from both sides. Opponents of the CBC invoked the notion of propaganda from the public broadcaster, while supporters responded that such comments amounted to an attack on a Canadian institution. That heated debate obscures the reality that there is a discussion worth having about the CBC’s...

The controversy over Facebook and Cambridge Analytica was back in the spotlight in Canada as the Federal Court sided with Facebook and against the Privacy Commissioner of Canada in a decision arising from a 2019 investigation into the matter. The Privacy Commissioner ruled against Facebook in 2019, but Facebook disagreed with the findings, took the matter to court, and won. What lies behind the de...

ChatGPT burst onto the public scene late last year, giving artificial intelligence its “aha moment” for many people. AI is now seemingly everywhere, attracting enormous attention and excitement alongside concerns, legal threats and talk of regulation. The potential of AI is evident to just about everyone, but the challenges associated with bias, copyright, privacy, misinformation and more can’t be...

Last week, Innovation, Science and Industry Minister François-Philippe Champagne tried to spin his approval of the Rogers-Shaw merger and the enhanced role of Videotron as a win for Canadians, arguing that somehow fewer competitors would lead to greater competition. But in recent months, the Canadian communications landscape has shifted, not only with this merger but also with the gradual disappea...

Bill C-18, the online news bill whose foundation is mandated payments for links, has unsurprisingly sparked reaction from Google and Facebook that raises the possibility of stopping linking to Canadian news. In an act of obvious retribution, the government responded to the companies response with a motion that demanded a wide range of internal and external documents dating back years and even loop...

In recent years, there has been growing effort to link longstanding concerns about Canadian innovation with patents. The argument – which has crossed into Canada’s strategy around AI – posits that the road to an innovative economy is inextricably linked to a greater emphasis on intellectual property and in particular on patents. But what if the correlation between patents and innovation is weak at...

TikTok may be enormously popular, but according to the growing number of government, there are concerns regarding links between the app and the Chinese government. That has led to a rapid spread bans of the TikTok app on government devices not only at the federal level, but at provincial and municipal governments and even at universities for university-owned devices. But is TikTok unique in this r...

Bill C-18, the Online News Act, has been at the centre of growing firestorm in Canada following reports that Google has begun testing the removal of links to Canadian news services for a small percentage of its users. The issue is headed to the Standing Committee on Canadian Heritage later today with MPs likely to take turns berating Google executives. If you’re just catching up or don’t understan...

Last week was Fair Dealing Week, a chance for a wide range of Canadians - educators, students, librarians, archivists, and creators - to celebrate the important role that fair dealing plays in facilitating both fair access and fair compensation to copyrighted works. I ran a series of posts on Canadian education, fair dealing and copyright that will continue into the coming week. This podcast episo...

Bill C-11 is in the hands of the government as Canadians await a decision on which Senate amendments it will accept, which might be rejected, and then how the Senate responds. A key question involves a fix to the regulation of user content provision, which provides that sound recordings are in, but user content is out. Senator Paula Simons, an independent Senator from Alberta nominated by Prime Mi...

Many Canadians started the new year with an unwelcome surprise as they learned that Canada had extended the term of copyright by additional 20 years with no mitigation measures or efforts to limit the harmful effects of the policy. That the extension did not get much attention was seemingly by design as the government buried it in a budget implementation bill and posted no news releases on it. Mar...

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, p...

The battle over the Rogers – Shaw merger has continued to escalate in recent days with TekSavvy filing a complaint with the CRTC on the wholesale access implications of the deal, a campaign to urge ISED Minister François-Philippe Champagne to reject the transaction, and a forthcoming Industry committee hearing on the situation. The merger heads for what may be its final legal showdown this week as...

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...

Canadian digital law and policy in 2022 was marked by legislative battles over Bills C-11 and C-18, the Rogers outage, stalled privacy and AI reform, copyright term extension, and a growing trade battle with the U.S. over Canadian policies. For this final Law Bytes podcast of 2022, I go solo without a guest to talk about the most significant trends and developments in Canadian digital policy from...