Debates over the role and future of the CBC are seemingly about as old as the CBC itself. Those debates have become increasingly fractious in recent years as some see the public broadcaster as essential to Canadian culture and to address concerns about misinformation, while other insist it is hopelessly biased, outdated, and a threat to marketplace competition. Tara Henley is a Canadian writer, journalist and podcaster who spent years at the CBC. Several years ago, she quit the CBC in very public fashion and has since developed an important presence online through her podcasts and Substack. She’s recently wrote an important piece on how to save the CBC and she joins the Law Bytes podcast to discuss.

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

The recent announcement of a Canadian government decision to ban the corporate offices of TikTok but leave the app untouched has left many puzzled since the approach may actually make matters worse. The potential privacy and security risks associated with the app will remain but the ability to hold the company accountable will be weakened.

While the government has downplayed the impact of the decision, the reality is that a TikTok exit from Canada will have an impact on Canadian digital creators. This Law Bytes podcast breaks down the implications, including a discussion with Scott Benzie, the Executive Director of Digital First Canada, who identifies the digital creator concerns.

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:

CBC News, Ottawa Bans TikTok’s Canadian Operations - But Not the App, November 7, 2024

The Online Harms Act or Bill C-63 was introduced last February after years of false starts, public consultations, and debates. Months later, the bill appears to be stalled in the House of Commons and has yet to make it to committee for further study. Some view that as a win, given their criticism of the bill, though others who have waited years for action against online harms are beginning to fear that the Parliamentary clock is working against them. Emily Laidlaw, the Canada Research Chair in Cybersecurity at the University of Calgary and Taylor Owen, the Beaverbrook Chair in Media, Ethics and Communications at the Max Bell School of Public Policy at McGill University, have both been actively engaged in this issue for years, including their participation on the government’s expert advisory group. They join the Law Bytes podcast to discuss where things stand on Bill C-63 and the steps they recommend to get the bill back on track for study and debate.