Science and Technology Law Commons^™

The Racialized Treadmill Of Robotic Agriculture: Colonial Legacies, Legal Exceptionalism, And Labour Control, Vasanthi Venkatesh

Canadian Journal of Law and Technology

The title of this paper draws on two historical meanings of the word ‘‘treadmill”. First, it references the economic concept of the ‘‘agricultural technology treadmill”, which describes how technological advances in farming lead to market consolidation, pushing smaller producers out while benefiting agribusiness oligopolies. Second, it invokes the literal treadmill, which was invented in 1818 as a punitive labour technology and a ‘‘rational” tool to discipline racialized and indentured labourers in colonial plantations. By connecting these two threads in agricultural technology — economic domination and racialized labor control — this paper examines how robotics and automation in modern agriculture perpetuate …

Consensus Ad Artificialis: Contract Theory Meets The Genai Mind, Katie Szilagyi, Marina Pavlovic´

Canadian Journal of Law and Technology

The advent of generative AI (GenAI) has generated shockwaves across industries. Many established professions are grappling with how GenAI’s functionality transforms their daily activities, staying power, and raison d’eˆtre. GenAI’s newfound facility with words and language has rapidly encroached upon the purview of lawyers, whose trade has long been expertise with words. While some worry about lawyers’ place in a GenAI-oriented future economy, others are optimistic about the transformative potential GenAI offers as a tool to the practicing lawyer. Legal service providers have been quick to adopt GenAI tools in the name of efficiency, harnessing its generative power for tasks …

We Robot 2025: Connecting Global Robotics And Ai Governance Experts In Canada, Kristen Thomasen, Suzie Dunn

Canadian Journal of Law and Technology

This special We Robot issue of the Canadian Journal of Law and Technology is particularly ‘‘special” to us for a variety of reasons. It presents an important opportunity to highlight the interdisciplinarity required to meaningfully engage with robotics and artificial intelligence (‘‘AI”) regulation. It highlights the growing international connections among law and technology scholars. And it features many of the cutting-edge papers from one of the world’s premier law and robotics conferences, We Robot.

The thirteenth annual We Robot 2025 conference was held at the University of Windsor in April 2025. This conference marked the first ever in-person gathering of …

To Smile Or Not To Smile? What Policymakers Need To Know About The Interplay Between Expressive Robotics And Public Perception, Adeline Schneider, Waseq Billah, Naomi T. Fitter

Canadian Journal of Law and Technology

The growing presence of autonomous delivery robots (ADRs) in public spaces has introduced new challenges regarding public perception, safety, and policy regulation. While ADRs provide a convenient, contactless delivery solution, there has been little research exploring how their design influences public acceptance and regulatory concerns. This study investigates the impact of expressive robotic features on perceptions of ADRs through a between-subjects online survey comparing two ADR models: the expressive Dax robot and the more widely deployed Starship robot. Participants answered questions about the robots’ expressivity and policy-relevant perceptions surrounding the robot. Findings showed a mix of enhancements from added robot …

Interoperable Ai Regulation, Jennifer Raso

Canadian Journal of Law and Technology

This article explores ‘‘interoperability” as a new goal in AI regulation in Canada and beyond. Drawing on sociotechnical, computer science, and digital government literatures, it traces interoperability’s conceptual genealogy to reveal an underlying politics that prioritizes harmony over discord and consistency over plurality. This politics, the article argues, is in tension with the distinct role of statutory law (as opposed to regulation) in a democratic society. Legislation is not simply a technology through which one achieves the smooth operation of governance. Rather, legislation is better understood as a ‘‘boundary object”: an information system through which members of different communities make …

Generating Personal Data And The Gdpr Conceptualizing, Analyzing, And Recognizing Generated Personal Data, Hideyuki Matsumi

Canadian Journal of Law and Technology

In 2014, to fight the littering problem, an environmental group posted portraits of potential litterbugs on public streets. The group extracted DNA from tossed cigarettes, coffee cups, or condoms, and generated the possible likeness of individuals whose DNA was found from these items in public. Similarly, in 2017, detectives working on a cold case sent DNA found at the crime scene of a homicide and sexual assault victim from 1990 to a company that claims it ‘‘can turn DNA into a face”. Subsequently, detectives published the ‘‘predicted face” in an attempt to solicit tips from the public. In 2020, they …

R-Ai-Sing Questions: Exploring The Ethical And Legal Landscape Of Artificial Intelligence-Generated Media Of Medicalized Children, Kristen Thomasen, Gregorio Zuniga-Villaneuva, Muhammed Mukadam, David Lysecki

Canadian Journal of Law and Technology

When it comes to complex medical care for children, even in a country like Canada with many publicly funded healthcare services, much of the necessary research and holistic support for children and families is financed through private donations. Fundraising campaigns for children’s hospitals and services are common, often featuring movie stars, professional athletes, and many child patients. A range of important charitable activities, providing comfort, services, and necessities such as food and accommodation to children and families, are carried out through fundraising and donations. Fundraising for children’s services is a multibillion-dollar global undertaking. What’s more, it is largely dependent on …

Game Face: Legal Tackle On Facial Recognition And Privacy Rights At Nfl Games, Shanthi E. Senthe

Canadian Journal of Law and Technology

The unprecedented rapid uptake of facial recognition technology (‘‘FRT”) in commercial and public spaces for data capture and surveillance has entrenched every aspect of our daily lives from mundane tasks, such as grocery store shopping to family and experiential moments, such as participation in spectator sports. As such, the rapid adoption and integration of FRT into sports security is reshaping aspects of sporting events and fan experiences, often without adequate consideration of privacy and ethical implications. Professional sports leagues, specifically the NFL, are in the process of adopting the use of this type of technology to enhance security measures, streamlining …

From Code To Compliance: Regulating Daos In Canada: Legal Frameworks And Challenges, Gulnoza Abdurakmonova

Canadian Journal of Law and Technology

This paper examines the regulatory challenges surrounding Decentralised Autonomous Organizations (DAOs) in Canada and argues that existing legal frameworks— primarily designed for traditional corporate entities— are inadequate for addressing the unique characteristics of DAOs. While securities regulators have taken steps to oversee aspects of DAO activity, a broader regulatory framework is needed to provide legal clarity, address governance and liability concerns, and foster responsible innovation. This study recommends a dual approach: (1) extending corporate law reforms to define the legal status and obligations of DAOs, and (2) developing a regulatory framework that balances investor protection with the flexibility needed for …

Recommended For You Streaming Platform Recommendation Algorithms And Consumer Rights, Margaret Wilson

Canadian Journal of Law and Technology

Streaming platforms are becoming increasingly popular with consumers. In Canada, recent studies have suggested that 55% of Canadians use video streaming services, like Netflix, on a daily basis. Similarly, up to 30% stream audio content daily on platforms like Spotify.6 The federal government has recognized that the broadening use of these technologies creates new challenges for consumer privacy and has proposed updates to consumer privacy laws in Bill C-27. With the dissolution of the 44th Parliament on March 23, 2025, Bill C-27 died on the roll and will not be adopted. As proposed legislation, Bill C-27 signalled the direction of …

Navigating The Shadows: Evaluating Privacy Protections Against Dark Patterns, Matt Gaulton, Dominique Kelly, Dr. Jacquelyn Burkell

Canadian Journal of Law and Technology

Privacy dark patterns are user interface design strategies that manipulate individuals into disclosing personal information or consenting to data practices they may not fully understand or intend. This paper critically evaluates the effectiveness of Canadian, American, and European privacy frameworks — specifically, the Personal Information Protection and Electronic Documents Act (PIPEDA), the California Consumer Privacy Act (CCPA), and the European Union’s General Data Protection Regulation (GDPR) — in addressing the regulatory challenges posed by privacy dark patterns. We argue that PIPEDA is significantly less equipped to counteract such manipulative practices, particularly in comparison to the GDPR and CCPA, due to …

Balancing The Use Of Ai With Canadian Privacy Rights: An Analysis Of Personal Information Collection Through Emerging Ai Tools, Tamie Dolny, Methura Sinnadurai

Canadian Journal of Law and Technology

Biometric information collection through artificial intelligence (AI) is a new, dynamic and exciting technology that also raises significant privacy law considerations for in house and governmental lawyers in Canada. While organizations may be quick to collect personal information using forms of AI technology, these entities should be aware of the legal risk posed by technologies which may violate the Freedom of Information and Protection of Privacy Act (FIPPA)1 and/or the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA),2 especially if users are unaware of, or have not consented to the use of their personal information by the AI …

Considering The Concept Of Law In The Legal Singularity, Matthew Tse

Canadian Journal of Law and Technology

This review article engages with the idea of a ‘‘legal singularity”, which has been developed by Abdi Aidid and Benjamin Alarie in their book, The Legal Singularity: How Artificial Intelligence Can Make Law Radically Better.

The legal singularity describes a legal system in the future that harnesses algorithmic computation to facilitate a ‘‘stable and complete legal order, capable of addressing and resolving practically all types of legal uncertainty in real time and on demand”. Aidid and Alarie believe algorithmic computation will achieve this promise in an interdependent dual process. On one hand, algorithms will structure the law with conceptual standardization. …

Regenerating Justice: Chatgpt And The Legal Minefield Of Generative Ai, Katie Szilagyi

Canadian Journal of Law and Technology

This paper adopts an automation bias lens to cast doubt on the growing claims that GenAI is a transformational tool for legal industry. In this context, automation bias refers to the well-known psychological phenomenon in which human decision-makers unwittingly defer to automated processes, flowing from overreliance on the accuracy of the automation. Even well-meaning individuals aiming to keep a “human-in-the-loop” of any automated decision can fall prey to this well-documented phenomenon, trusting the technology more than it deserves to be trusted. Champions for current GenAI technologies often do acknowledge limitations within the existing landscape of tools, like GenAI’s tendency to …

The Rights And Obligations Of Mod Creators In Canadian Videogame Law, Christian Clavette

Canadian Journal of Law and Technology

This article explores the legal landscape for mod creators in the Canadian video game industry, examining their rights and obligations under Canadian copyright law and End User License Agreements (EULAs). With the growth of the industry, independent creators have increasingly contributed to game development through “mods,” which modify or enhance existing games. While these mods offer significant creative and commercial potential, they also pose legal challenges, particularly regarding copyright infringement and the enforceability of EULAs. The article evaluates relevant Canadian and U.S. case law, highlighting key differences and similarities, and discusses how these legal principles apply to mods. It also …

The Framework Is The Message: Legal And Ethical Implications Of Chatgpt, Amanda Turnbull

Canadian Journal of Law and Technology

The rapid rise of generative AI represents a palpable paradigm shift: models like GPT-3 (and its subsequent iterations), DALL-E, and AlphaCode are becoming foundation models for many other AI-based applications. Foundation models may be used for many different tasks with minimal modification and are positioned to replace task-specific models of AI. This holds tremendous promise in society such as advancing scientific research, rethinking education and training, and creating new types of art and expression. At the same time, however, generative AI has its dark side such as accuracy risk, the threat of large-scale unemployment, potential security vulnerabilities, and AI misbehaviour …

Towards Green Crypto Mining: Regulating Sustainability In Canada And Iceland — A Dual Approach With Lessons From Bitcoin And Copper Industries, Gulnoza Abdurakhmonova

Canadian Journal of Law and Technology

Cryptocurrency mining has emerged as a significant sector within the digital economy, characterised by its substantial energy consumption and its impact on environmental sustainability. The article undertakes a comparative analysis of the regulatory frameworks governing cryptocurrency mining in Canada and Iceland, with a particular emphasis on addressing energy consumption and environmental concerns. The article aims to provide valuable insights into crafting effective regulatory strategies that balance the growth of the crypto mining industry with sustainable energy practices. It will highlight the growing importance of regulating this industry to address these challenges effectively.

L’extraction de crypto-monnaie est devenue un secteur important …

R. V. Bykovets: An Affirmation Of Canadians’ Right To Informational Privacy, Bertina Lou

Canadian Journal of Law and Technology

The R. v. Bykovets decision illustrates how new technological realities can reconfigure societal norms and values in ways that demand recognition in the eyes of the law. This case commentary summarizes the Supreme Court’s 2024 Bykovets decision and situates it in jurisprudence on Section 8 of the Canadian Charter in relation to informational privacy. It also demonstrates how the normative approach applied by the SCC in Bykovets, which reflects increased accountability for third parties to safeguard individuals’ privacy, appropriately reconciles divergences in jurisprudence over time.

La décision R c. Bykovets illustre comment les nouvelles réalités technologiques peuvent reconfigurer les …

Trinity Western University Decisions And Engineers’ Equity, Diversity, And Inclusion Obligations Under The Statutory Public Interest Mandate, Michelle Liu, Vanessa Matta

Canadian Journal of Law and Technology

Engineers create technologies but do not sufficiently care for their biased and inequitable outcomes despite the engineering profession’s statutory mandate to protect the public interest. The engineering and legal professions’ similar admission processes and statutory provisions mandating the protection of public interest may justify applying the Supreme Court of Canada’s interpretation of the legal profession’s public interest mandate in the Trinity Western University decisions to the engineering profession. The Supreme Court’s interpretation centres on equal access to the profession, diversity within its membership, and protection of 2SLGBTQ+ persons. The work begins by setting out the definitions and challenges of equity, …

Legal And Ethical Challenges Raised By Advances In Brain-Computer Interface Technology, Colin Conrad, Carla Heggie

Canadian Journal of Law and Technology

Brain-computer interfaces (BCI) consist of hardware and software that allow humans to control computers with their brain signals alone. Though these technologies are not new, existing approaches to BCI are either very limited in their capabilities or require highly invasive surgery. However, BCI has recently received increased attention due to advances that enable enhanced usability with less invasive approaches. Such advances could radically change the acceptance of the technology and BCI might become commonplace in the coming decades. In this article, we provide a technology scholar’s perspective on how these recent advances in BCI present new legal and ethical considerations. …

More Than ‘‘Responsible Ai” Bridging Artificial Intelligence Systems (Ais) And Aisystems Ethics Into Practice, Ruth Bankey

Canadian Journal of Law and Technology

This article reflects on the question ‘‘how should we approach the ethics of AI and technology?” through the example of how the Canada Revenue Agency (CRA) is working within this space to develop its Artificial Intelligence Systems (AIS) Ethics Lifelong Learning and Professional Development Strategy. This strategy is connected, but also acts as a critical counterpoint, to approaches to AI governance and accountability that are reliant on a notion of ‘‘Responsible AI”. In these contexts, responsible AI is understood as the regulatory adoption of ‘‘rules” diffused through a normative structure of hierarchical authority within the organization or business. Rather, this …

Legal Framework For The Use Of Artificial Intelligence (Ai) Technology In The Canadian Criminal Justice System, Gideon Christian

Canadian Journal of Law and Technology

This article seeks to identify and examine critical issues arising from the deployment and use of AI recidivism risk assessment tools in the Canadian criminal justice system. It commences with the historical evolution of these tools in the criminal justice system, tracing their development from the first generation to the emergence of AI-driven risk assessments. By examining the progression of risk assessment tools from their origins to the current AI-powered systems this research aims to provide a comprehensive understanding of the challenges and opportunities that these tools present. The article then delves into crucial issues such as algorithmic bias, highlighting …

The Future Of Data Protection Enforcement In Canada: Lessons From The Gdpr, Guilda Rostama, Teresa Scassa

Canadian Journal of Law and Technology

Imagine a not-too-distant scenario in which a private sector organization in Canada is investigated by the Privacy Commissioner of Canada jointly with the Commissioners of Quebec, British Columbia (‘‘BC”), and Alberta in relation to complaints that it shared massive quantities of personal data with third parties contrary to its stated practices in its privacy policies. Imagine also that each of the commissioners is empowered under newly amended data protection legislation to issue substantial Administrative Monetary Penalties (‘‘AMPs”). If each of the commissioners finds that its respective laws were breached, should the organization be subject to four different AMPs, or just …

Slouching Toward Regulation: Assessing Bill 88 As A Solution For Workplace Surveillance Harms, Danielle E. Thompson, Adam Molnar

Canadian Journal of Law and Technology

Employee monitoring applications (‘‘EMAs”) are proliferating in Canada and provide employers with sophisticated surveillance tools for the monitoring of workers (e.g., on-device video surveillance, browser activity, and email monitoring). In response to concerns about these increasingly invasive surveillance practices, the Government of Ontario passed Bill 88, the Working for Workers Act, 2022, which requires all employers with 25 or more workers to have a written policy stating whether and how they electronically monitor their employees. Bill 88 marks a more explict attempt to regulate workplace surveillance in a modern digital context in Canada; however; however, an analysis of the Bill’s …

When Your Boss Is An Algorithm: Preserving Canadian Employment Standards In The Digital Economy, Fife Ogunde

Canadian Journal of Law and Technology

The platform or ‘‘gig” economy is a rapidly growing economy in Canada. Between 2005 and 2016, the share of gig workers among all workers in Canada rose from 5.5% to 8.2%. These include independent contractors, select freelancers and platform workers. In 2018, 28% of Canadians aged 18 and older reported making money through online platforms. Research by Payments Canada in 2021 showed gig workers as representing more than one in 10 Canadian adults with more than one in three Canadian businesses employing gig workers. As the share of platform workers in the economy has grown, so has the discussion regarding …

The Challenge Designing Intermediary Liability Laws, Emily Laidlaw

Canadian Journal of Law and Technology

The ideal framework for intermediary liability has vexed policymakers since the internet’s commercialization. The quest has taken on a frenzied pace in recent years with intense scrutiny of who they are, what they do and what they should be responsible for. Over the years a theme has emerged from my discussions about intermediaries, and its subset platforms, and it prompts me to explore it as the focus of this article. My question is simple: why is it so difficult for law and policymakers to agree on a regulatory framework?

This article tackles two parts of the regulatory challenge that are …

The Need For Cyber Resilience Of Space Assets: Law And Policy Considerations Of Ensuring Cybersecurity In Outer Space, Daniella Febbraro

Canadian Journal of Law and Technology

In 2018, NASA’s Jet Propulsion Laboratory was the subject of a data breach where over 500 megabytes of data from a major mission system was stolen by hackers. This attack affected NASA’s Deep Space Network, prompting the United States Johnson Space Center to disconnect the International Space Station from the affected gateway due to fears that mission systems could become compromised. NASA has acknowledged that its vast online presence, which includes thousands of publicly accessible datasets, offers a large potential target for cybercriminals. The 2018 incident was one of many, with NASA experiencing more than 6000 cyberattacks from 2017-2021 alone. …

Comment: The United Nations And Robot Rights, Heather Alexander

Canadian Journal of Law and Technology

This comment predicts that robot rights under the law are likely to become a reality in the next fifty years, possibly in multiple countries, as governments pass laws granting rights to robots, including civil rights like voting. This comment calls on the United Nations (‘‘UN”) to be pro-active in guiding the emergence of robot rights by convening a working group on robot rights to better guide member states through what will be a time of momentous change.

Why are robots likely to soon gain rights in some UN member states? There have been huge advances in AI that can pass …

Regulating Uncertain States: A Risk-Based Policy Agenda For Quantum Technologies, Tina Dekker, Florian Martin-Bariteau

Canadian Journal of Law and Technology

Many countries are taking a national approach to developing quantum strategies with a strong focus on innovation. However, societal, ethical, legal, and policy considerations should not be an afterthought that is pushed aside by the drive for innovation. A responsible, global approach to quantum technologies that considers the legal, ethical, and societal dimensions of quantum technologies is necessary to avoid exacerbating existing global inequalities. Quantum technologies are expected to disrupt other transformative technologies whose legal landscape is still under development (e.g., artificial intelligence [‘‘AI”], blockchain, etc.). The shortcomings of global policies regarding AI and the digital context teach lessons that …

Cryptocurrencies And Climate Change: A Net-Zero Paradox, Jason Maclean

Canadian Journal of Law and Technology

Cryptocurrencies pose a number of complex law and policy problems, the most pressing of which are the industry’s climate and environmental impacts. This article examines the climate and environmental impacts of crypto-assets in the broader law and policy context of the UN Paris Agreement and the global goal of reaching net-zero emissions by 2050 or earlier. This approach not only illuminates the limitations and paradoxical nature of the crypto-industry’s climate commitments, but also the limitations and paradoxical nature of ‘‘net zero” itself as the predominant framing of national, subnational, and nonstate actors’ climate pledges. The article concludes by examining the …