Law Bytes

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 implications of Bill C-4, I’ve teamed up this week with the BC Freedom of Information and Privacy Association for a joint podcast. Together with Executive Director Jason Woywada we recorded a conversation that touches on data and political parties, the BC litigation that seems to have sparked federal action, and the Bill C-4 provisions. The conversation can be found on both of our podcasts: this Law Bytes episode and BC FIPA Access and Privacy Online podcast.

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. To get started, Robert Diab, a law professor at Thompson Rivers University and the co-author of a recent text on Search and Seizure joins the Law Bytes podcast to discuss the historical context of lawful access and the key provisions in this bill.

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 Bytes podcast by my colleague, Professor Teresa Scassa. The Canada Research Chair in Information Law at the University of Ottawa, Professor Scassa is one of Canada’s leading authorities on Canadian privacy and she joins the podcast to discuss the case and what it means for generative AI and privacy reform more broadly.

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 Musselman is a former entertainment lawyer, longtime Canadian movie producer, current PhD student focused on cultural and legal policy, and the author of the White Paper Black Coffee substack. Having appeared many times before the CRTC, he joins the Law Bytes podcast to discuss the recent Cancon hearing, breaking down the major issues of debate and identifying what was missing from the discussion.

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 issues for many years, well before the public’s attention was captured by generative AI services like Chat GPT. Professor Aidid is currently a Visiting Associate Professor of Law at Yale Law School, he was a VP with BlueJ Legal, an early AI legal startup, and is the co-author of the The Legal Singularity: How Artificial Intelligence Can Make Law Radically Better. He joins the Law Bytes podcast to discuss all things AI and the law, including what these technologies may mean for legal practice. THIS PROGRAM CONTAINS ONE PROFESSIONALISM HOUR ACCREDITED BY LAW SOCIETY OF ONTARIO

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 past the finish line in the last Parliament.

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.