Law Bytes

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 McMaster University. She has been examining the privacy concerns with Canadian political parties for years, highlighting the disconnect between the expectations of Canadians and the reality on the ground. She joins the Law Bytes podcast to discuss Canadian political party privacy – or lack thereof – and explains the role that data plays in the modern political party machinery.

Aengus Bridgman, an expert in misinformation and digital media politics, discusses the 2025 federal election's precarious landscape. He highlights the influence of social media platforms like Twitter and TikTok on political discourse. Bridgman examines the challenges of misinformation and the evolution of these platforms, including AI-generated content's impact on public trust. He emphasizes the need for government transparency and citizen engagement to combat misinformation, ensuring a healthier information ecosystem during the election.

Dive into the shifting landscape of Canadian digital policy as political tensions rise with a federal election on the horizon. Explore the challenges surrounding AI regulation and online harms, and reflect on recent legislative changes. The keynote address from Digital Access Day unveils the complexities in Canada's approach to privacy and the geopolitical influences shaping future regulations. Engage with the pressing issues that define our digital future amidst stalled bills and evolving standards.

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 Wilson that sought to put the spotlight on another issue that could come to the fore if the economic battle moves beyond tariffs to other issues. In this case – privacy, data localization and health data. Dr. Wilson is a specialist in General Internal Medicine at The Ottawa Hospital,  Chief Executive Officer/Chief Scientific Officer, Bruyère Research Institute, a Professor and Faculty of Medicine Clinical Research Chair in Digital Health Innovation at the University of Ottawa and member of the University of Ottawa’s Centre for Health Law, Policy and Ethics. He joins the Law Bytes podcast to discuss why we should be paying attention to health privacy, AI and the location of our data.

Tara Henley, a Canadian writer and former CBC employee, brings a unique perspective to the conversation about the future of the CBC. She discusses her own journey at the broadcaster and the reasons behind her resignation. The dialogue explores the CBC's struggles with public trust, bias, and competition from independent media. Henley advocates for systemic reforms and highlights the importance of evolving with the digital age. She also envisions a future where the CBC continues to play a vital role in Canadian culture and storytelling.

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 Richard Gold of McGill University’s Faculty of Law specializes in intellectual property. On last week’s Law Bytes episode, I referenced his proposal to consider suspending patents in key sectors such as pharmaceuticals and AI as a mechanism to counter US pressure. He joins me on the Law Bytes podcast to expand on his idea, explaining why there would be benefits for Canadian firms and frustration on U.S. firms that could spark domestic support to counter potential measures targeting Canada.

Canada now finds itself in economic war with the United States as President Donald Trump has levied a 25% tariff on all Canadian goods (10% for energy), which are scheduled to start on Tuesday. In response, Canada will levy retaliatory tariffs valued at $155 billion with $30 billion coming this week and another $125 billion in several weeks time. It is seemingly impossible to make sense of this deliberate targeting of an ally and claims this is linked to fentanyl that crosses the Canadian border into the U.S. doesn’t add up. Should this escalate further, the prospect of additional measures seem possible and that is where digital policy may come in. This week’s Law Bytes podcast examines the potential role of digital policy in support of retaliation against the Trump tariffs, including both defensive and offensive measures.

A lot has happened over the past six weeks since the last Law Bytes episode that provided a year-end review. TikTok briefly went offline in the U.S., Meta changed its content moderation policies in a major shift designed to curry favour with Donald Trump, Amazon announced it is laying off all of its Quebec-based employees, and Bell obtained an expansive court blocking order covering copycat sites to name just a few developments. Future episodes will dive into these issues but for the moment, the biggest story for a podcast devoted to digital policy from a Canadian perspective is government’s decision on January 6th to prorogue Parliament and the inauguration of Donald Trump two weeks later on January 20th. Those two events effectively mark the end of the past five years of Canadian digital policy: the bills are dead due to prorogation and many of the laws seem likely to die due to Donald Trump. This week’s Law Bytes podcast takes a closer look at what just happened and will consider what lies ahead in next week’s episode. 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. Credits: City News, Justin Trudeau’s Resignation as Prime Minister, January 6, 2025 Detroit Free Press, Trump Suggests Canada Should be the 51st State During Hurricane Helene Briefing

Canadian digital law and policy in 2024 featured the long-delayed online harms bill, controversial implementation of streaming and online news legislation, as well as a myriad of notable copyright, AI, and privacy court cases. Government legislation stalled in the House of Commons, but with trade battles over a digital services tax, a competition case against Google, and plans to kick TikTok out of the country, there were no shortage of high profile issues. For this final Law Bytes podcast of 2024,  I go solo without a guest to talk about the most significant developments in Canadian digital policy from the past year.

Canada’s largest media companies came together recently to file a copyright infringement lawsuit against OpenAI, the owners of ChatGPT. I wrote about the suit, suggesting that the primary motivation behind the suit was likely the hope to kickstart settlement discussions with the hope of a licence. Robert Diab, a law professor at Thompson Rivers University, raised similar thoughts in his own piece on the lawsuit. Robert joins the Law Bytes podcast to discuss the case and its implications for copyright and AI in Canada.