Canadian Heritage Minister Pablo Rodriguez created an Expert Advisory Group on Online Safety earlier this year to help craft a potential legislative and policy response to online safety and harms issues. The panel recently concluded its work and though the media focused on a failure to achieve absolute consensus from a group that by design had different views, the reality is that common ground was found on several key issues. Emily Laidlaw, who holds the Canada Research Chair in Cybersecurity Law at the University of Calgary, served as co-chair of the expert group. She joins the Law Bytes podcast to talk about how the panel functioned, where it found consensus, areas of disagreement, and what could come next for one of the thorniest Internet policy issues.
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The Law Bytes Podcast, Episode 134: Monica Auer on CRTC Governance, Content Regulation and the Radio-Canada Decision
Over the past couple of weeks, there has been mounting outrage over a CRTC decision involving Radio-Canada and a broadcast segment from 2020 in which the N-word was used multiple times as part of a discussion of a book that contains the word in its title. That decision has sparked cries of censorship and concerns about the CRTC. Given that Canadian Heritage Minister Pablo Rodriguez and the government want to give the Commission even more power over Internet content as part of Bill C-11, the implications extend beyond this case. Monica Auer, the executive director of the Forum for Research and Policy in Communications, joins the Law Bytes podcast to discuss the latest developments, the broader concerns with CRTC governance, and whether assurances regarding Internet speech safeguards stand up to careful scrutiny.
The Law Bytes Podcast, Episode 133: Michael Nesbitt on How the Senate Pushed Back Against a Government Bill on Searching Digital Devices at the Border
It isn’t every day that a Senate committee examines legislation and makes notable changes against the wishes of the government. But that’s what happened last month as a Senate committee reviewed Bill S-7, which raised significant privacy concerns regarding the legal standard for searches of digital devices at the border. A chorus of opposition sparked by Senator Paula Simons led to changes in the bill with the Chair of the committee acknowledging “we did not have one witness except the minister and the officials say that the new standard was a good idea.”
University of Calgary law professor Michael Nesbitt, who teaches and researches in the areas of criminal and national security law, appeared before the committee to argue against the government’s proposed approach. He joins the Law Bytes podcast to talk about the bill, the change at the Senate, and what lies ahead as the bill moves to the House of Commons in the fall.
The Law Bytes Podcast, Episode 132: Ryan Black on the Government’s Latest Attempt at Privacy Law Reform
Parliament is now on break for the summer, but just prior to heading out of Ottawa, the government introduced Bill C-27. The privacy reform bill that is really three bills in one: a reform of PIPEDA, a bill to create a new privacy tribunal, and an artificial intelligence regulation bill. What’s in the bill from a privacy perspective and what’s changed? Is this bill any likelier to become law than an earlier bill that failed to even advance to committee hearings? To help sort through the privacy aspects of Bill C-27, Ryan Black, a Vancouver-based partner with the law firm DLA Piper (Canada), joins the Law Bytes podcast to discuss everything from changes to consent requirements to how the law will be enforced.
The Law Bytes Podcast, Episode 131: The Bill C-11 Clause-by-Clause Review – What “An Affront to Democracy” Sounds Like
Last week, the Standing Committee on Canadian Heritage rushed through the clause-by-clause review of Bill C-11 in a manner that should not be forgotten or normalized. Despite the absence of any actual deadline, the government insisted that just three two hour sessions be allocated to full clause-by-clause review of the bill. Once the government-imposed deadline arrived at 9:00 pm, the committee moved to voting on the remaining proposed amendments without any debate, discussion, questions for department officials, or public disclosure of what was being voted on. This week’s Law Bytes podcast features clips from a hearing that one Member of Parliament described as “an affront to democracy”.