Thank you, Madam Chair.
Thank you to the committee for inviting me back today.
My name is Pina D'Agostino. I am a professor of law at Osgoode Hall Law School and a tier 1 York research chair. I serve as associate vice-president, research, at York University, and as the scientific director of Connected Minds, a $318-million federally funded CFREF, Canada first research excellence fund, advancing transformative AI research and technology. I am the board chair at the Ontario Centre of Innovation, and I am the founder and director of the IP Innovation Clinic, Canada's largest pro bono intellectual property clinic.
When I appeared before this committee on December 1, I argued that Canada can be a global AI leader by supporting homegrown talent and industry, commercializing our world-class research and ensuring that AI development and adoption are ethical and inclusive and respect creators' rights.
Today, I want to underscore these points specifically, in light of AI sovereignty: why Canadian control over AI, IP and other intangible assets matters for our future, why our IP ecosystem requires long-term strategic investment and coordination, and why protecting Canadian creators remains essential to our social and economic well-being. I will focus on my areas of expertise, particularly issues of ownership, access, and control over Canadian creations and inventions, otherwise known as IP and data.
There is a great deal of discussion today about sovereign AI. Policy-makers, business leaders and commentators are calling for stronger domestic AI capacity and adoption so that we don’t fall behind in an increasingly competitive global landscape. While I agree with these points, sovereign AI must mean more than capacity and adoption. At its core, sovereign AI must address questions of ownership, access, control and governance.
By this, I don't only mean tangible assets such as data centres or cloud infrastructure. I also mean intangible assets, most importantly IP and data, which are the lifeblood of the AI sector. Ownership, access and control determine who captures value, who sets the rules of use and who ultimately benefits from technological innovation. Here, Canada faces a serious and persistent challenge not limited to the AI sector.
Crucially, much of the IP that our world-class researchers and inventors generate does not remain in Canada. Instead, it flows to large multinational firms based elsewhere. Ceding this ownership has serious consequences, including reduced investment and job creation in Canada and constrained freedom to operate for Canadian entrepreneurs wanting to innovate, scale and grow at home and abroad.
The good news is that we can fix this. As I shared before in this committee during a different study in 2023 and even earlier elsewhere, a made-in-Canada strategy is threefold. We must, one, create and protect the IP and data in Canada; two, keep control of it in Canada; and three, grow and scale it through leading global companies.
Industry, universities and other innovation hubs across Canada need this, and many are already playing a leadership role. Project Arrow is an example of what it means to build in Canada in the automotive sector. It involves Canadians coming together and contributing to a made-in-Canada solution. I am pleased to be involved in these efforts on the IP front as an advisory board member.
Canada has made some important steps through programs such as ElevateIP and via the Canadian Intellectual Property Office. Provincial governments across the country have too. IPON is a case in point. However, demand for accessible IP services continues to outpace supply.
My own work makes this clear. The IP Innovation Clinic has a wait-list of clients from across the country needing assistance. From 15 years of experience here, I can tell you that demand has not diminished despite the expansion of other IP programs. If anything, it has increased as more Canadians recognize the importance of IP. These publicly funded programs, including ISED's IP clinics program, must work together to avoid duplication, maximize efficiency and provide coordinated, national IP education and financial supports that drive IP sophistication.
Finally, as noted in my last visit and from my vantage point of more than two decades of work in this area, I will say that as AI technologies are developed and adopted in Canada, we must protect creators' rights, the lifeblood of our culture and economy. Many AI systems are trained on copyright-protected materials without creators' permission and fair compensation. This practice threatens our creators' livelihoods, risking broader social and economic harms. At Connected Minds, we take this seriously and work to ensure that AI technologies advance in socially responsible ways, not extractive ways.
I will conclude by saying that to truly bolster Canadian AI sovereignty, Canada must take greater ownership and control over the AI systems and the IP and data assets on which it increasingly relies. Our future depends on it.
Thank you again for this opportunity to appear before you. I look forward to answering your questions.