This past week Bill C-10, Internet free speech, and the government’s digital policy agenda went mainstream as a lead topic in government, the media, and among many Canadians. This week’s Law Bytes podcast departs from the standard format as I explain why the bill has suddenly become a hot topic, how the government has been inconsistent and at times incoherent in its attempts to justify the bill, and why the concerns regarding freedom of speech and CRTC over-regulation are absolutely justified.
The podcast can be downloaded here, accessed on YouTube, and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod.
House of Commons, May 5, 2021
House of Commons, November 18, 2020
Standing Committee on Canadian Heritage, April 23, 2021
CBC News, User-Generated Content Exemption Was ‘Not Necessary’: Guilbeault
Standing Committee on Canadian Heritage, May 6, 2021
CTV News, Question Period, May 9, 2021
Last month, Canada’s telecom regulator, the CRTC, issued its final decision in a lengthy battle over the rates that independent Internet providers pay for wholesale access to the broadband networks run by big incumbents such as Bell and Rogers. The Commission slashed previous rates and made its decision retroactive, an approach that sparked anger and lawsuits from the incumbents who are now in Canadian courts seeking to overturn the ruling and stop it from taking effect. Meanwhile, several Canadian independent ISPs wasted no time in responding to the decision, dropping their consumer prices and neatly illustrating the impact of lower rates and more competition. George Burger, one of the founders of vMedia and a frequent commentator on Canadian telecom issues, joined me on the podcast to discuss the decision and the state of competition for Canadian Internet services. The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Show Notes: Burger, Big telcos have no business howling over CRTC decision that encourages fair internet prices CRTC promotes competition for broadband Internet services by setting lower wholesale rates Credits: CBC News, Internet Price Hikes Coming for Canadians The Lang & O’Leary Exchange – Usage Based Billing CBC News, Bell to Cut 200,000 Customers From Internet Expansion After CRTC Decision CityNews Toronto, NDP Promising to Put Cap on Cellphone, Internet Bills ...
Several years ago, the Privacy Commissioner of Canada filed a reference with the federal court in a case that was billed as settling the “right to be forgotten” privacy issue. That may have overstated matters, but the case did address a far more basic question on whether the privacy law applies to Google’s search engine service when it indexes webpages and presents search results in response to searches of an individual’s name. Earlier this month, the federal court released its decision, concluding that it does. Mark Phillips is a Montreal-based lawyer practicing primarily in the areas of privacy, access to information, civil litigation, and administrative law in both Quebec and Ontario. His client – whose identity remains confidential under order of the court – filed the complaint that ultimately led to federal court decision. He joins the Law Bytes podcast to talk about the case, where the right to be forgotten stands under Canadian law, and what might come next. The podcast can be downloaded here, accessed on YouTube, and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Show Notes: Federal Court of Canada Reference decision Credits: Your Morning, Canadians Could Soon Have the Right to be Forgotten ...
The Canadian copyright review conducted earlier this year heard evidence on a remarkably broad range of issues. One issue that seemed to take committee members by surprise was crown copyright, which captured considerable attention and became the subject of two supplemental opinions from the Conservative and NDP members as well as the basis for a private members bill from NDP MP Brian Masse. Why all the interest in crown copyright? This week’s Lawbytes podcast digs into crown copyright with two guests. First, Amanda Wakaruk, a copyright librarian at the University of Alberta and one of the country’s leading advocates on the issue joins me to explain the concept of crown copyright and why she thinks it needs to be abolished. I’m then joined by my colleague Professor Jeremy DeBeer to discuss the recent Supreme Court of Canada decision on Keatley Surveying v. Teranet, which was on the first opportunities for Canada’s highest court to grapple with the scope and implications of crown copyright. The podcast can be downloaded here and is embedded below. The transcript is posted at the bottom of this post or can be accessed here. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Show Notes: Copyright Act Standing Committee on Industry, Science and Technology Copyright Review Library and Archival Community Letter on Crown Copyright Keatley Surveying v. Teranet Credits: Standing Committee on Industry, Science and Technology, May 30, 2019 House of Commons, June 3, 2019 Transcript: ...