Thank you, Chair.
Good afternoon. My name is Michael Geist. I'm a law professor at the University of Ottawa, where I hold the Canada research chair in Internet and e-commerce law. I appear in a personal capacity, representing only my own views.
I'm a law professor who has long believed that the relevance of my research is enhanced by ensuring that it's accessible beyond academia, so that, on policy matters, Canadians can use it to become more actively engaged. That means publishing my research in open access formats, active social media use, regular op-eds and a long-standing podcast. Given that interest, I'm delighted to appear on a study on strengthening social trust and increasing civic engagement.
I'd like to focus on three things in my opening remarks.
First, I think there is an emerging risk for those who actively participate in the public square. Too often, those who speak out run the risk of facing threats, bullying and libellous claims. This can happen on any issue that becomes politicized, which leads to smears or falsehoods designed to undermine or chill that participation. Some of this may just be life in the political arena, but far worse is the hate that certain issues invariably spark. For example, I've been vocal on the issue of the relentless rise of anti-Semitism in Canada. That includes a Globe and Mail piece this week reflecting on the recent synagogue shootings in Toronto. I mention this because whenever I raise the issue, I face an immediate torrent of hate. Some of this comes in direct emails, and some of this is in social media replies that speak of false flags, Holocaust denial or support for genocide.
The chilling effect of this targeted hate is undeniable. We need effective rules on hate speech, but, perhaps even more, we need to ensure that Internet platforms that have pledged to address the issue of awful but lawful speech be held to their word—part of what could constitute a duty to act responsibly.
Second, civil society in Canada is badly underfunded. The area I know best is digital policy, where we have relatively few groups active in the space. Those that are face perpetual funding shortages. This has a huge impact on the quality of evidence before regulators like the CRTC, or on legislation before a committee. Indeed, it creates an imbalanced playing field, where deeper-pocketed interests are able to provide one-sided perspectives with limited counter-evidence.
There is some support—such as the CRTC system for public interest participation, a few grant programs like CIRA's, or the Privacy Commissioner's program—but it's limited, and there is little available for operational funding. By contrast, the U.S. and Europe have a far deeper bench of groups, often supported by a mix of government and charitable foundations. If we're serious about increasing civic engagement, we need to ensure that there is support for the groups that do the engaging.
Third, social trust and engagement are directly correlated to the public perception that one's views and efforts will make a difference. No one should seriously think that a single letter, email or consultation submission will single-handedly sway government policy. However, no one should be left thinking that a consultation or hearing is purely performative and that their submission or the views expressed are of no consequence whatsoever. Unfortunately, too often, this can be what it feels like.
For example, earlier today, the House started the move towards rejecting changes the Senate proposed for Bill C-4 involving a sunset clause on political party privacy rules. I think that largely exempting political parties from the same privacy obligations faced by virtually every other Canadian organization is wrong. For the purpose of public engagement, note that the committee studying the bill refused to hear from any witnesses on the issue and scarcely acknowledged its existence. It devoted literally 30 seconds to this entire part of the bill. You can't encourage engagement by burying provisions in an omnibus bill, acting as if they don't exist and rejecting changes from those who actually studied its impact.
The recent AI consultation is another case in point. Even if we leave aside the 30-day sprint, the exclusion of many voices from the expert group and the use of AI to summarize what Canadians said means that the “what we heard” report we got was actually a “what we want you to think we heard” report, with emphases different from the actual submissions themselves. For those who took the time to participate, it does not inspire confidence.
We have the tools to foster far more public engagement. We have a public that shows real interest in engaging. We need to prioritize making that happen through effective policy, essential support mechanisms and a genuine effort to incorporate the public into the policy process.
I look forward to your questions.