Evidence of meeting #127 for Justice and Human Rights in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was platforms.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Frances Haugen  Advocate, Social Platforms Transparency and Accountability, As an Individual
Marni Panas  Canadian Certified Inclusion Professional, As an Individual
Jocelyn Monsma Selby  Chair, Clinical Therapist and Forensic Evaluator, Connecting to Protect
Andrew Clement  Professor Emeritus, Faculty of Information, University of Toronto, As an Individual
Guillaume Rousseau  Full Professor and Director, Graduate Applied State Law and Policy Programs, Université de Sherbrooke, As an Individual
Joanna Baron  Executive Director, Canadian Constitution Foundation

Prof. Andrew Clement

Thank you very much for that question.

“Artificial intelligence” is not a very well-defined term. It's used very broadly, and it has multiple meanings, but we can think of it as a set of algorithmic techniques. It's part of algorithmic practices on the part of these companies. I prefer to use the term “algorithmic intensification”, rather than “intelligence”, because these algorithms do not comprehend or understand content in the way humans do, so they're very limited in their ability to moderate content, particularly if it's going to be taken down.

AI is being used by the platforms particularly in order to keep people on their site and to keep the content sort of flowing and people clicking and so on, and that they can be quite good at because they can keep refining it. It's a statistical process. Also, as we've heard, most recently with generative AI, it's being used to create deepfakes, which can be deeply misleading. I think it's very important that when that is being done, it's clearly understood by the users that this is not a real, authentic image. That doesn't address all of the problems—like these AI friends that become seductive in various ways—but it's a start.

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Thank you.

In the course of the conversation around Bill C-63, my Conservative colleagues have mentioned one of their own bills, Bill C-412. I want to mention another private member's bill, brought in by my colleague MP Peter Julian, Bill C-292, the online algorithm transparency act.

I'm just wondering if you could talk a little bit about the features in that legislation and maybe how Bill C-63 might not be hitting the mark of where we need to be in this space.

Prof. Andrew Clement

I did look at Bill C-292. In part, it inspired my recommendations regarding algorithmic transparency, because that is the main feature of that bill.

However, I think that what I'm proposing here around the prospective amendments to define algorithmic transparency will go beyond what your colleague has proposed in Bill C-292, in that his definition refers only to personal information. There's a lot more information that goes into the algorithmic practices. I think it's very important that we understand all of the aspects of the way in which online operators curate information.

I think it's a good start. I think Bill C-63 can go further. It needs an algorithmic transparency amendment.

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Thank you very much.

Ms. Baron, I'll turn to you for my last question.

In your opening remarks, you were talking about the importance of protecting freedom of expression, and you said this is the new public square. One key difference, though, is that unlike the physical town square, the digital town square is not a passive bystander. We know that on platforms, those algorithms can play a role in amplifying some content while suppressing other content. It can have a very real effect of pushing some people into some pretty dark corners.

We just heard from a witness in the previous panel, a member of the LGBTQ community, who said that her ability to freely express herself with the status quo is being hampered. How would you like to tackle that? We're trying to figure out a way forward here. How do we protect her ability to freely express herself, because the status quo is greatly impugning her right?

12:50 p.m.

Executive Director, Canadian Constitution Foundation

Joanna Baron

I didn't see the other witness's testimony, but I will say that the beautiful thing about these online platforms is that there are many of them. There's Bluesky. There's Twitter. There's Instagram. There are different communities that have different norms. As we've seen since Elon acquired Twitter, many people have chosen to migrate to Bluesky, and you have every right to do so.

I think that putting down further government regulations, especially when we see that apparently the result of that is the ballooning three-headed $200-million bureaucracy proposed in part 1.... The ends don't justify the means.

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Would you have any comments on algorithmic transparency?

12:50 p.m.

Executive Director, Canadian Constitution Foundation

Joanna Baron

I'm sorry; I am a constitutional lawyer.

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

That's okay, no worries.

Thank you.

The Chair Liberal Lena Metlege Diab

Thank you, Mr. MacGregor.

Thank you to the witness.

Recognizing the time, 12:51, I'll move very quickly now to the second round, and I'm going to abbreviate it a little bit.

Mr. Van Popta, you have four minutes.

Tako Van Popta Conservative Langley—Aldergrove, BC

Thank you, Madam Chair.

Before I ask questions of the witnesses, I want to put forward the motion of which I gave notice at the last meeting. We heard evidence earlier this week, and again today, of the rapid growth of online harms, particularly for our children. Professor Clement, I too am a granddad, and I have an image of my innocent grandchildren in my mind when I hear this evidence, so I'm very motivated to act quickly on this. This has definitely become a global epidemic that requires immediate action.

Now, happily, our Conservative private member's bill, Bill C-412, addresses some of those issues in an immediate manner. Therefore, Madam Chair, I move the following motion, and we're asking for unanimous consent: That the committee urgently undertake a prestudy of Bill C-412, an act to enact the protection of minors in the digital age and to amend the Criminal Code.

I'm asking for unanimous consent on that.

The Chair Liberal Lena Metlege Diab

Do we have unanimous consent?

Mr. MacGregor.

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Can you read it one more time? Is it the motion that was discussed last time?

12:50 p.m.

Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

It is the same motion as last time.

An hon. member

No, it's a different motion.

The Chair Liberal Lena Metlege Diab

Would you mind reading it one more time?

12:50 p.m.

Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

My apologies if it's different. It's the same subject matter: That the committee urgently undertake a prestudy of Bill C-412, an act to enact the protection of minors in the digital age and to amend the Criminal Code.

The Chair Liberal Lena Metlege Diab

Do we have that?

There are a few hands up.

I have Mr. MacGregor first.

James Maloney Liberal Etobicoke—Lakeshore, ON

Can I clarify something?

The Chair Liberal Lena Metlege Diab

I think everybody wishes to clarify, but go ahead, Mr. Maloney.

James Maloney Liberal Etobicoke—Lakeshore, ON

I assume the reason Mr. Van Popta is seeking unanimous consent is that this motion hasn't been circulated prior to right now. Is that right?

12:50 p.m.

Conservative

Larry Brock Conservative Brantford—Brant, ON

That's correct.

The Chair Liberal Lena Metlege Diab

Okay, so that's why we don't have it. Thank you for the clarification, because I didn't have that.

I have Mr. MacGregor, and then I have Monsieur Fortin.

Mr. MacGregor.

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

It's a slightly differently worded motion from what was distributed last time. I'm not going to say yes, and I'm not going to say no at this point. I want some more time to think about it.

I would move, Madam Chair, that we adjourn the debate at this time.

The Chair Liberal Lena Metlege Diab

Mr. Van Popta asked for unanimous consent. It's either a yes or a no.

Do we have unanimous consent?

James Maloney Liberal Etobicoke—Lakeshore, ON

We do not.