La force de la perspective

The Canadian Bar Association

Justin Ling

Trade

NAFTA: data flows back on the trade agenda

Par Justin Ling juillet 21, 2017 21 juillet 2017

NAFTA: data flows back on the trade agenda

 

It’s like malware that just keeps coming back.

The removal of data localization restrictions is back on the trade agenda, with the backing of U.S. President Donald Trump.

When the White House released a statement of negotiating objectives for NAFTA trade talks with Canada and Mexico, trade experts welcomed the mostly moderate position it staked out: the U.S. Trade Authority suggested that the expansive continental trade deal ought to remain mostly as-is — albeit with some changes to dispute resolution, duty application for online-shopping, and country-of-origin labelling, as well as on a few other fronts.

But one of the priorities touches upon cross-border data flows.

The administration is hoping to “establish rules to ensure that NAFTA countries do not impose measures that restrict crossborder data flows and do not require the use or installation of local computing facilities.”

 

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Intellectual property

Copyright fees at York: Federal Court rejects fair use

Par Justin Ling juillet 13, 2017 13 juillet 2017

Copyright fees at York: Federal Court rejects fair use


A lengthy copyright battle, which a Federal Court judge compared to the chain of events that sparked World War I, between York University and a rights holder consortium has resulted in a blow for the fair dealing exemption.

The decision, says Canadian copyright expert Michael Geist, “moves in precisely the opposite direction with restrictive language that other courts and the Copyright Board have rejected.”

The case goes back to 2010, when the Canadian Copyright Licensing Agency (also known as Access Copyright) proposed to the Copyright Board of Canada that post-secondary institutions be charged $45 per each full-time employee (or equivalent) per year.  That represents a major hike from the previous $3.38 annual fee, topped up with a $0.10 per page royalty, that had applied up to 2010.

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Law and the internet

SCC rules against U.S. tech giants: “The internet has no borders”

Par Justin Ling juin 29, 2017 29 juin 2017

SCC rules against U.S. tech giants: “The internet has no borders”

 

It’s been a bad week for two internet giants.

Both Facebook and Google lost landmark decisions at the Supreme Court of Canada over the last few days, with the top court ruling against Google in a case involving de-indexing websites, and against Facebook in a case about forum selection.

The pair of rulings signals a move to establish that just because these tech giants are headquartered in California — or elsewhere — it doesn’t mean they can wiggle out from under Canadian legal jurisdiction.

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National security

Super agency proposed to oversee national security

Par Justin Ling juin 29, 2017 29 juin 2017


Canada’s national security regime will soon see the largest overhaul in its review, management, and approval structure since the McDonald Commission recommended splitting the RCMP’s intelligence branch off into a new agency: CSIS.

The Trudeau government legislation, C-59, addresses a number of facets in Canada’s national security infrastructure — National wrote about its plans for CSIS’s disruption powers last week — but the changes to how Canada’s national security framework is managed and monitored are almost certainly the most far-reaching.

Under the proposed legislation, Canada’s national security agencies will be under the purview of the National Security and Intelligence Review Agency, or NSIRA. That body essentially looks like the ‘Super SIRC,’ the proposed agency that would expand the scope of the CSIS review body to include a variety of other agencies.

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National security

The new national security bill: Just tinkering?

Par Justin Ling juin 22, 2017 22 juin 2017

The new national security bill: Just tinkering?

 

The federal government unveiled its wide-ranging national security overhaul this week, to a chorus of decidedly mixed reactions.

The omnibus legislation, bill C-59, updates a wide array of Canada’s national security framework, from adding the role of an Intelligence Commissioner, tasked with approving operations and activities; to the newly-created oversight committee, designed to keep a watchful eye on the wider security environment; to the creation of a standalone legal authority for the Communication Security Establishment, the country’s spy agency that performs foreign electronic surveillance.

At the core of the bill is a plan to trim aspects of C-51, the Harper government’s previous attempt to overhaul the Anti-Terrorism Act and CSIS Act, which drew heavy criticism from a variety of constitutional and criminal lawyers.

One of the most controversial aspects of C-51 was its commitment to allow CSIS to break Canadians’ Charter rights in pursuing its newly-afforded disruption powers.

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