November 7-8, 2024
Fairmont Château Laurier | 1 Rideau Street
Ottawa, ON
Technological tricks and practical treats
We are delighted to announce the dates for our next in-person Privacy and Access to Information Law Conference! Mark your calendars for November 7 and 8, as esteemed members from all corners of the country will convene at the Fairmont Chateau Laurier Ottawa for cutting-edge discussions on privacy and access to information law.
We have prepared an outstanding agenda, featuring our highly sought-after plenary sessions of International, Canadian and Provincial Updates. We’ve identified a total of eight topics for our concurrent sessions with an overall theme of the need for practicality in the face of constant technological and policy change. Topics include cyber breach readiness, youth privacy, applying access exceptions and the future of access to Cabinet confidences and mandate letters, biometrics and the practical side of AI. We will close the conference with our popular Regulators’ Panel.
IMPORTANT: Simultaneous translation will be provided for the sessions noted below. For health and safety purposes, CBA WILL NOT SUPPLY HEADSETS. Please ensure to supply your own headsets and personal devices.
Agenda Subject to Change
Thursday, November 7, 2024
TIME |
EVENT |
8:00 am – 8:45 am
|
REGISTRATION AND CONTINENTAL BREAKFAST
Adam Corridor
|
8:45 am – 8:55 am
|
WELCOME AND INTRODUCTION
Adam Room
Co-Chairs:
Alexis Kerr, Norton Rose Fulbright (Vancouver, BC)
Suzanne Morin, Sun Life (Ottawa, ON | Montréal, QC)
|
8:55 am – 10:10 am
|
INTERNATIONAL UPDATE
Adam Room
This session will be offered with simultaneous interpretation.*
Our annual international update is a must-attend event. Our panelists provide critical guidance to Canadian organizations operating internationally. Be sure to catch this session to stay up-to-date on international developments.
Speakers:
Eduardo Ustaran, Hogan Lovells (UK)
Jennifer Kashatus, DLA Piper (Washington, DC)
Moderator: Molly Reynolds, Torys (Toronto, ON)
|
10:10 am – 10:30 am
|
REFRESHMENT and NETWORKING BREAK
Adam Corridor
SPONSOR
|
10:30 am – 11:20 am
|
PROVINCIAL UPDATE – Privacy and Access
Adam Room
This session will be offered with simultaneous interpretation.*
This is your chance to hear about the major privacy and access to information developments from the last 12 months at the provincial level. Whether you specialize in privacy and access issues or you’re new to the field, our expert panelists will provide insights on recent decisions from the courts and the information and privacy commissioners to help you understand important trends.
Speakers:
Timothy Banks, nNovation LLP (Ottawa, ON)
Keri Bennett, DLA Piper (Canada) LLP (Vancouver, BC)
Moderator: James Work, Brownlee LLP (Edmonton, AB)
|
11:20 am – 11:25 am
|
5 MIN - to change panels
|
11:25 am – 12:15 pm
|
FEDERAL UPDATE – Privacy and Access
Adam Room
Sponsor
This session will be offered with simultaneous interpretation.*
The annual Canadian Update provides a summary of the major public and private sector privacy and access developments from the last 12 months at the federal level. The panelists will provide their insights on key changes in legislation, recent regulatory decisions and guidance, and court decisions that you need to know about.
Speakers:
Imran Ahmad, Norton Rose Fulbright (Toronto, ON)
Louisa Garib, Office of the Privacy Commissioner of Canada (Ottawa, ON)
Moderator: Bill Abbott, TELUS (Ottawa, ON)
|
12:15 pm – 1:30 pm
|
LUNCH WITH ESSAY CONTEST WINNER / KEYNOTE SPEAKER
Adam Room
12:35 – Essay Contest Winner
Award Recipient: Luke Conkin
12:45 – Keynote Dr. Robyn Rowe, Robyn Rowe Consulting
Dr. Robyn Rowe, an Indigenous social scientist, joins us at this year’s conference from the Traditional Territories of the Atikameksheng Anishnawbek and the Wahnapitae First Nation within the Robinson Huron Treaty of 1850 Territory. Dr. Rowe recently completed post-doctoral studies at the Simpson Lab of Queen’s University (School of Computing/Department of Biomedical and Molecular Sciences), where she was part of a multidisciplinary group researching and thinking about AI, data justice and medicine. Dr. Rowe will share her thoughts about the deep importance of data justice to Indigenous Sovereignty and the key role of designing governance for its success.
|
1:30 pm – 2:30 pm
|
CONCURRENT SESSIONS #1
SESSION 1.1: The 3Es of Access to Information – Exclusions, Exceptions and Exemptions
Canadian Room
Are the statutory limits placed on the public’s right to access government information too much? Too little? Join our panel of experts as we discuss what works and what doesn’t in the world of access, including best practices for practitioners representing requesters, institutions, or third parties.
Speakers:
Allison Knight, Office of the Information Commissioner (Ottawa, ON)
Julian Worsley, Worsley Law (Toronto, ON)
Moderator: Graham Steele, Nunavut Information and Privacy Commissioner (Iqaluit, NU)
SESSION 1.2: Biometrics in use – how to stay on the right side
Adam Room
As use of biometrics becomes more popular among organizations, including for fraud mitigation and identity management purposes, regulators and consumers are faced with data protection and privacy considerations and challenges. Given the sensitivity of some biometrics data and how it is used, governments and regulators are implementing laws and guidance for how to appropriately handle such data. This panel will explore recent regulatory and business developments relating to biometrics, including the Office of the Privacy Commissioner of Canada’s draft biometrics guidance, recent decisions, and how organizations are navigating this complex world to protect consumers and business interests while respecting privacy obligations.
Speakers:
Gabe Menard, Office of the Privacy Commissioner of Canada (Ottawa, ON)
Deborah Evans, Rogers (Toronto, ON)
Simon Du Perron, Borden Ladner Gervais (Montreal, QC)
Moderator: oline Twiss, Deputy Commissioner, Office of the Information and Privacy Commissioner of British Colombia (Victoria, BC)
|
2:30 pm – 2:35 pm
|
5 MIN - to get to next Concurrent session/change panels
|
2:35 pm – 3:40 pm
|
CONCURRENT SESSIONS #2
SESSION 2.1: Cyber breach readiness – don’t put off to tomorrow what you can do today
Canadian Room
It’s never a question of “if”, but “when”. This panel will focus on being prepared for a range of cybersecurity incidents, who to engage in advance, what a “playbook” should include, communications with insurers and the value of carrying out tabletop exercises. The panel will also discuss engagement with law enforcement and privacy regulators while the incident is being assessed. Recent caselaw related to privilege in incident response will be reviewed.
Speakers:
Brent Arnold, Gowling WLG (Toronto, ON)
Aron Feuer, Valencia Risk (Ottawa, ON)
Chris Lynam, RCMP NC3 (Ottawa, ON)
Moderator: David TS Fraser, McInnes Cooper (Halifax, NS)
SESSION 2.2: The Practical Side of AI
Adam Room
In an era where artificial intelligence (AI) is revolutionizing industries and reshaping how we live and work, the intersection of AI and privacy has become a critical focal point. This panel delves into the practical applications of AI while highlighting the essential considerations for maintaining privacy. Through a series of use cases, our panelists will explore how organizations can leverage AI technologies to drive innovation and efficiency without compromising on privacy. We will examine diverse applications to understand the balance between leveraging AI capabilities and adhering to privacy regulations and ethical standards. Join us for this insightful discussion that combines theoretical knowledge with practical insights, offering a comprehensive understanding of how AI can be used responsibly and effectively.
Speakers:
Dominique Payette, Dialogue (Montreal, QC)
Philip Dawson, Armilla AI (Montreal, QC)
Abigail Carter-Langford, Independent Advisor (Toronto, ON)
Moderator: Jaime Cardy, Dentons (Toronto, ON)
|
3:40 pm – 4:00 pm
|
REFRESHMENT and NETWORKING BREAK
Adam Corridor
|
4:00 pm – 5:00 pm
|
CONCURRENT SESSIONS #3
SESSION 3.1: Youth privacy / best interest of the child
Canadian Room
Youth privacy is under renewed scrutiny in 2024, in Canada and internationally. Legislators, regulators and NGOs are taking steps to protect youth privacy, especially online. But what should a responsible organization be doing to stay on the right side of this important issue now, and in the future? This session will cover:
- Scene-setter: the current rules and best practices for youth personal information in the UK, US and Canada
- Around the corner: upcoming youth privacy legislative developments in Canada (including C-27 and the Online Harms Act)
- Regulatory trends in youth privacy
- Codes and standards to guide compliance
- Practical advice on age authentication, age-appropriate design and other important issues.
Speakers:
Valerie Steeves, University of Ottawa (Ottawa, ON)
Sara Clodman, Canadian Marketing Association (Toronto, ON)
Lara Ives, Office of the Privacy Commissioner of Canada (Gatineau, QC)
Moderator: David Young, David Young Law (Toronto, ON)
SESSION 3.2: Nothing lasts forever: Solicitor-Client Privilege in historical government records
Adam Room
While traditionally there has been no time limit on solicitor-client privilege, the federal government recently published a policy strongly encouraging institutions to use their discretion to release this information 100 years after its creation. Come hear what our experts have to say about the balance between the protection of the privilege in the public sector, and Canadians’ right to access historical legal information held by their government.
Speakers:
Kristina Lillico, Library and Archives Canada (Ottawa, ON)
Jean Dryden, Dryden Consulting (Toronto, ON)
Moderator: Caroline Maynard, Information Commissioner of Canada (Gatineau, QC)
|
5:00 pm – 7:00 pm
|
NETWORKING RECEPTION
Adam Room
|
TIME |
EVENT |
8:30 am – 1:00 pm
|
REGISTRATION
|
8:30 am – 9:00 am
|
CONTINENTAL BREAKFAST
Adam Corridor
|
9:00 am – 10:10 am
|
CONCURRENT SESSIONS #4
SESSION 4.1: Access defined or access denied?
Canadian Room
Join us for a lively panel discussion of the SCC’s recent finding that the Ontario Premier’s mandate letters are protected by Cabinet privilege (2024 SCC 4). Exceptions like Cabinet confidences, solicitor-client privilege, and advice and recommendations strike at the heart of FOI across Canada. Records relating to government processes and decision-making can offer the public valuable insights and promote accountability but, at the same time, revealing them to the public may cause harm to the workings of government. Hear our experts’ views on achieving the right balance.
Speakers:
Judie Im, Ministry of the Attorney General of Ontario (Toronto, ON)
Ryder Gilliland, DMG Advocates (Toronto, ON)
Michael Harvey, Commissioner, Office of the Information and Privacy Commisioner for British Columbia (Victoria, BC)
Moderator: David Goodis, INQ Law (Toronto, ON)
SESSION 4.2: A new (Canadian) frontier: The latest on data portability and open banking
Adam Room
With the coming into force of data portability rights and obligations in Quebec this September, the era of Canadian data portability is upon us. Our panelists will discuss the latest developments in data portability and open banking, including their impacts on individual privacy and how organizations can rise to the unique challenges they present. Discussion will include practical insights from both at home and abroad touching upon Quebec Law 25, Bill C-27, Canada’s Consumer-Driven Banking Framework, and the GDPR.
Speakers:
Julien Brazeau, Finance Canada (Ottawa, ON)
Eduardo Ustaran, Hogan Lovells (UK)
Chantal Bernier, Dentons (Ottawa, ON)
Moderator: Dustin Moores, nNovation LLP (Ottawa, ON)
|
10:10 am - 10:30 am
|
REFRESHMENT and NETWORKING BREAK
Adam Corridor
|
10:30 am – 12:00 pm
|
THE REGULATORS’ PERSPECTIVE
Adam Room
This session will be offered with simultaneous interpretation.*
A hallmark of each conference, this panel will be a moderated discussion with regulators from across the nation, touching on key privacy and access issues.
Speakers:
Isabelle Gervais, Deputy Commissioner, Compliance for Office of the Privacy Commissioner of Canada (Ottawa, ON)
Michael Harvey, Commissioner, Office of the Information and Privacy Commisioner for British Columbia (Victoria, BC)
Rady Khuong, Présidente par intérim de la Commission d’accès à l’information du Québec (Québec, QC)
Patricia Kosseim, Information and Privacy Commissioner of Ontario (Toronto, ON)
Caroline Maynard, Information Commissioner of Canada (Gatineau, QC)
Sean Murray, Office of the Information and Privacy Commissioner for Newfoundland and Labrador (St John’s, NL)
Graham Steele, Information and Privacy Commissioner of Nunavut (Iqaluit, NU)
Moderator: Sinziana Gutiu, outgoing Chair of the CBA National Privacy and Access Law Section (Vancouver, BC)
|
12:00 pm – 12:15 pm
|
CLOSING PLENARY & WRAP-UP
Adam Room
The incoming Chair of the CBA National Privacy and Access Law Section will review the year that has passed and the year ahead.
Section Chair: Bill Abbott, TELUS (Ottawa, ON)
The Conference Co-Chairs will close the Conference with brief observations on key issues and themes that emerged.
Co-Chairs:
Alexis Kerr, Norton Rose Fulbright (Vancouver, BC)
Suzanne Morin, Sun Life (Ottawa, ON | Montréal, QC)
|
12:15 pm – 1:30 pm
|
GRAB 'N' GO LUNCH
Delegates are welcome to grab their lunch to go for their travels back home, or if you wish, feel free to take this opportunity to further network with your colleagues over a bite.
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* Please note, for the sessions offering simultaneous interpretation, attendees must provide their own headsets to attach to their personal devices. For health and safety concerns, CBA WILL NOT BE PROVIDING HEADSETS.