Newsletter: October 1, 2019
| Weekly News (October 1, 2019)
Compiled by Ian Steinberg and Kim Payne with Sara Bannerman McMaster University, Communications Governance Observatory
Communications Governance Observatory Podcast Podcast Episode 8: Platform Regulation Part 1 with Dr. Tamara Shepherd (17 min) Podcast Episode 9: Platform Regulation Part 2 with Dr. Tamara Shepherd (17 min)
Canadian News (September 24-30, 2019) · [COPYRIGHT] Supreme Court sides with Ontario in dispute over property-survey copyright (National Post) · [FREEDOM OF EXPRESSION] Supreme Court ruling bolsters journalists’ authority to protect confidential sources (The Globe and Mail) · [PLATFORM REGULATION] Liberals target internet giants with new tax (The Star) · [PLATFORM REGULATION] ‘Techlash’ gains traction on campaign trail, and it goes way beyond a ‘Netflix tax’ (National Post) · [PLATFORM REGULATION] Majority of Canadians want government to regulate social media, poll says(Star) · [FREEDOM OF EXPRESSION] Judge strikes down Plateau’s billboard bylaw (The Montreal Gazette) · [FREEDOM OF EXPRESSION] Toronto wants to challenge Doug Ford’s city council cut at Supreme Court (CBC) · [FILM CLASSIFICATION] Doug Ford government scrapping agency that rates films [CBC] · [PRIVACY] Sidewalk Toronto faces growing opposition, calls to cancel project (CBC) · [PRIVACY] Privacy report says B.C. medical clinics must do more to protect information (National Post) · [PRIVACY] Legal campaign calls on five watchdogs to investigate political parties over privacy concerns(Globe and Mail) · [ELECTION COMMUNICATIONS] Munk debate cancelled after Trudeau refuses to participate (CBC) · [ELECTION COMMUNICATIONS] Twitter’s security chief finds no interference in Canada’s elections(National Post) · [FAKE NEWS] Poll suggests Canadians concerned about fake news, but struggle to spot it (CP/Star) · [WIRELESS REGULATION] Liberal vow to talk down cellphone costs seen as unrealistic (Globe and Mail) · [WIRELESS REGULATION] Opinion: Canada’s politicians unlikely to solve wireless pricing problem(Globe and Mail; see Geist blog version) · [FOREIGN INFLUENCE REGISTRY] Former Canadian ambassador proposes registry to help identify foreign influences (Globe and Mail)
International News (September 24-30, 2019) · [NET NEUTRALITY] Appeals court upholds FCC’s cancelling of net neutrality rules (Washington Post) · [PLATFORM GOVERNANCE] Facebook tests hiding ‘likes’ on social media posts (NYT) · [POSTAL SERVICE] Global postal union reaches deal to prevent ‘nightmare’ of US exit (Guardian) · [PRESS SAFETY] US invokes state secrets privilege to block American journalist’s lawsuit (Washington Post) · [PRIVACY] Privacy activist in California launches ballot initiative for 2020 (Washington Post) · [WIRELESS] Lawmaker calls for FCC evidence that 5G plan won’t hurt weather forecasts (Washington Post) · [PRIVACY/PLATFORM GOVERNANCE] Tech companies are quietly phasing out a major privacy safeguard (The Atlantic) · [DEFAMATION] French #MeToo accuser loses defamation case (NYT)
(September 17-23, 2019)
Supreme Court of Canada · [INTELLECTUAL PROPERTY] Keatley Surveying Ltd. v. Teranet Inc., 2019 SCC 43 · [FREEDOM OF THE PRESS/JOURNALIST PRIVILEGE] Denis v. Côté, 2019 SCC 44 · [DEFAMATION] Sajjad Asghar v. Joallore Alon (Ont.) (Civil) (By Leave) (38608) CRTC News Releases: · Dr. Caroline Simard at the 2019 Canadian Women in Communications and Technology Awards · Broadcasting notice of consultation 2019-341 · Telecom order 2019-340 · Telecom order 2019-339 · Telecom order 2019-338 · Telecom order 2019-337 · Telecom order 2019-336 · Telecom order 2019-335 · Telecom order 2019-334 · Telecom order 2019-333 · Telecom order 2019-332
National Film Board · Louis-Richard Tremblay appointed Executive Producer of the NFB’s Digital Studio in Montreal
· Facebook, Elections and Political Speech · Oculus Connect 6: Introducing Hand Tracking on Oculus Quest, Facebook Horizon and More
Microsoft · ElectionGuard available today to enable secure, verifiable voting · CyberPeace Institute fills a critical need for cyberattack victims
YouTube · Appeal of Conscience Foundation Remarks
“The 42nd Parliament was dissolved on September 11, 2019. Senate of Canada · No fixed and possible Senate sitting days this week.
Canadian House of Commons · No fixed and possible House of Commons sitting days this week.
Supreme Court of Canada Judgements to be rendered in leave to appeal:
· [FREEDOM OF EXPRESSION] Randolph (Randy) Fleming v. Her Majesty the Queen in Right of the Province of Ontario, et al. (Ont.) (38087) (Ont.) (Criminal) (By leave)
Charter of Rights and Freedoms – Freedom of expression – Torts – False arrest – Wrongful imprisonment – Accused engaged in peaceful protest – Police arrest accused in order to prevent breach of peace by others – Whether minimal impairment of individual rights and proportionality remain factors to be weighed when analyzing necessity in Waterfield test for determining whether police were justified in exercising ancillary common law power to arrest – Whether majority of Court of Appeal erred by failing to consider these factors – Whether trial judge made palpable and overriding errors?
Mr. Fleming was walking alone down a public street carrying Canadian flags attached to a pole. He intended to join a rally. The rally was a counter-protest to a blockade by Indigenous demonstrators of lands owned by the Province of Ontario. The street upon which Mr. Fleming was walking bordered the disputed lands. Police officers intended to maintain the public peace by establishing a buffer zone between rally participants and the disputed lands. After Mr. Fleming was spotted, police officers in unmarked vans approached him rapidly. As the vehicles drew close, he walked off the shoulder of the street, crossed a ditch, stepped over a low fence, and stepped onto the disputed lands. He later stated that he did so to find level ground. Nearby Indigenous demonstrators began approaching. Officers shouted commands at Mr. Fleming. One officer followed Mr. Fleming over the fence and arrested him to prevent a breach of the peace. Mr. Fleming was escorted off the disputed lands and ordered to drop his flag. He refused and a struggle ensued. Mr. Fleming was overpowered and his flag was taken from him. During the struggle, he suffered injury to his left elbow resulting in permanent chronic pain. Mr. Fleming was handcuffed and removed in a police transport van. The charge giving rise to the arrest eventually was withdrawn. Mr. Fleming commenced an action for damages. The trial judge awarded damages for false arrest, wrongful imprisonment, breach of right to pass, and breach of s. 2(b) of the Charter of Rights and Freedoms. A majority of the Court of Appeal allowed an appeal. They set aside the trial judgment and ordered a new trial limited to whether excessive force had been used during the arrest. The dissenting judge of the Court of Appeal would have dismissed the appeal.
CRTC The CRTC plans to issue the following decisions, regulatory policies and reports in the coming week. This list may be incomplete and is subject to change without notice. · Telecom Decisions: Bell Canada – Application for forbearance from the regulation of low-speed competitor digital network access services
TELUS Communications Inc. – Application for forbearance from the regulation of low-speed competitor digital network access services
TELUS Communications Inc. – Application to review and vary Telecom Orders 2019-35, 2019‑36, 2019-37, and 2019-38
Upcoming Public Hearings: · 2019-217 Co-development of a new Indigenous Broadcasting Policy
· November 5, 2019 – Gatineau, Quebec
· December 3, 2019 – Gatineau, Quebec
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