Canadian Technology Law Association - 2022 CAN-TECH Law Fall Conference

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2022 CAN-TECH Law Fall Conference - DATA DISRUPTION: Managing Changes in Data, Technology and Law

November 2-3, 2022

SHERATON CENTRE TORONTO HOTEL

123 Queen Street West, Toronto, ON M5H 2M9

Join your peers and take advantage of this opportunity to gain solutions to current and complex issues arising in technology law.

Conference Co-chairs:

Hélène Deschamps Marquis,
Partner,
Deloitte Legal Canada

Maya Medeiros,
Partner,
Norton Rose Fulbright Canada LLP

DAY 1 (Click to Expand)

09:00 to 10:45 am EDT

Welcome and Opening Remarks from the President & Co-Chairs

Jennifer Davidson, Partner at Deeth Wall Williams LLP (Toronto)

Hélène Deschamps Marquis, Partner at Deloitte Legal Canada (Montréal)

Maya Medeiros, Partner at Norton Rose Fulbright Canada LLP (Vancouver)

Plenary: A View from the Inside: Developing Policy for Tech Regulation

Technology moves quickly and it is a constant game of cat and mouse for government and regulators to stay on top of it. Ever wonder what it looks like on the inside? How do government lawyers and policymakers determine priorities, keep up with change and develop workable public policy for tech? Hear from a panel of government policymakers on how the sausage gets made.

Moderator: David Cummings, Partner at Bortstein Legal Group (Toronto)

Michael Geist, Canada Research Chair in Internet and E-commerce Law at University of Ottawa (Ottawa)

Chantal Bernier, Counsel at Dentons LLP (Ottawa)

Carole Piovesan, Co-Founder at INQ Law (Toronto)

Jacob Glick, Vice President Public Policy at Telus (Ottawa)

Parvinder Sachdeva, Director Corporate Strategy at Ceridian (Ottawa)

11:00 to 12:30 pm EDT

Plenary: Intellectual Property Update: What Technology Law Practitioners Need to Know

This session will cover the latest developments in patents, copyrights, industrial design, and trade secrets. Data disruption raises new issues for different types of IP. Our experts will explore data’s impact on IP strategy, prosecution, litigation, and contracts relating to IP. This session will update you on data implications and recent IP changes, including:

Data as an “IP asset”;

Data governance with IP and licensing considerations;

Federal Court of Canada and CIPO consideration of patentable subject matter for computer relating inventions;

Metaverse impact on IP assets such as trademarks;

NFTs for copyright assets;

Jurisdiction issues for cross-border data flows and distributed systems;

Global directives and foreign IP law updates;

IP protection for AI creations, with enforcement and ownership considerations.

Moderator: Maya Medeiros, Partner at Norton-Rose Fullbright Canada LLP (Vancouver)

Mat Bretchel, Lawyer, Founder, at Seastone IP (Vancouver)

Monica Sharma, Partner at Clark Wilson LLP (Vancouver)

Paul Banwatt, Lawyer at Gilbert's LLP (Toronto)

Natalie Raffoul, Managing Partner at Brion Raffoul LLP and Co-Founder at Fortress.Legal (Ottawa)

12:30 to 02:00 pm EDT

Lunch: IPC Commissioner’s 2022 Priorities

Organizations are accelerating their use of digital technologies and artificial intelligence. In today’s data-driven world, upholding the privacy rights of citizens is more important than ever. To achieve the greatest positive impact for Ontarians now and into the future, the Office of the Information and Privacy Commissioner of Ontario (IPC) is focusing on four strategic priorities. Commissioner Kosseim provides an overview of the IPC’s strategic priorities and the ongoing work to advance the IPC’s goals in these key areas. The presentation includes details about recent legislative updates, joint resolutions by Canadian privacy regulators, and the latest resources from the IPC. The presentation will be followed by a fireside chat with Commissioner Kosseim and moderated by Kristin Ali, Corporate Counsel at Enterprise Holdings.

Moderator: Kristin Ali, Corporate Counsel at Enterprise Holdings (Toronto)

Patricia Kosseim, Information and Privacy Commissioner of Ontario (Toronto)

02:00 to 03:30 pm EDT

Track 1: Technology, Competence and Ethics: Staying Afloat in Stormy Seas

The legal profession is being impacted by the 21st century’s explosion in new technologies (like most of the rest of society). Technologies that are mutating on almost a daily basis are impacting the practice of law and the business of clients at the same time as they present new, often subtle, ethical issues. This session considers the impact of evolving technology on two of the lawyers’ core responsibilities: the duty of competence and the duty to act ethically. It will provide a overview of these duties under the Rules of Professional Conduct across Canada, then look at a series of hypothetical but imminent technology fact situations where the lawyer’s duties may not be clear. There will be time provided for the audience to discuss, and vote, in respect of each scenario.

Moderator: Richard Austin, Senior Counsel at Deeth Williams Wall LLP (Toronto)

Ayse Gauthier, Senior Counsel at Clyde & Co LLP (Montréal)

Jacob Kojfman, Senior Legal Counsel at The Co-operators Group Limited (Vancouver)

Abdi Aidid, Assistant Professor at University of Toronto Faculty of Law (Toronto)

Track 2: New Technologies Implicating Privacy and Digital ID

As technology continues to move at an unprecedented rate, what implications does this have for privacy and your identity? Will new technologies like biometric scanning or blockchain be a hindrance or an advantage? Are current privacy laws sufficient to keep up with the pace of technology? Can it keep up? This session will include a presentation by the ex-Privacy Commissioner of Alberta as she recounts her experiences and the implications for Privacy law in Canada, followed by a spirited panel discussion around where Privacy may be heading in the not so distant future.

Moderator: Hashim Ghazi, Emerging Technology, Privacy & Cybersecurity Lawyer at Fasken (Toronto)

Jill Clayton, former Privacy Commissioner of Alberta

Chetan Phull, Senior Associate Lawyer at Technology and Data Management at Deloitte Legal (Toronto)

Ron Lo, Symend

03:45 to 05:15 pm EDT

Plenary: Cross border data flow under Quebec privacy law and Closing Remarks

At the intersection of tech and privacy, the only constant is change and disruption. Our federal private sector privacy law is in flux and Quebec’s law is in the midst of transformation. Cross-border data transfers are further under scrutiny, with data transfer impact assessments becoming increasingly necessary. This panel will examine the latest developments in Canadian privacy law with a particular focus on what tech lawyers need to know.

Moderator: David Fraser, Privacy and Technology Lawyer at McInnes Cooper (Halifax)

François Joli-Cœur at Partner, BLG (Montréal)

Wendy Mee, Partner at Blakes, Cassels & Graydon LLP (Toronto)

DAY 2 (Click to Expand)

08:50 to 10:30 am EDT

Opening Remarks from the Co-Chairs and Plenary: Cyber security: What you need to know in 2022

Cyber security is a new practice of law that is evolving very quickly. The conference will discuss the new type of cyber threat, what are the latest type of attacks and how Canadian companies need to prepare; the best practice for breach response, how legal, cyber, communication and forensic experts need to work together quickly to respond to the breach; the negotiation of ransomware; the legal and industry framework around cyber breach response including the new privacy and cyber law as well as the industry requirements; the insurance moving landscape and cyber class action.

Moderator: Hélène Deschamps Marquis, Partner, Deloitte Legal (Montréal)

Jennifer Davidson, Partner at Deeth Williams Wall LLP (Toronto)

Peter Ruby, Partner at Goodmans LLP (Toronto)

Ady Sharma, Vice President at Aon (Toronto)

Jason Kotler, President at CYPFER Corp.(Toronto)

10:45 to 12:15 pm EDT

Plenary: Regulating disruptive AI across key jurisdictions – New laws and key use cases

AI technologies disrupt many of the ways in which we work and play across diverse sectors from legal decision-making and policing to health-care, transport and military uses, to name but a few. As a result, fundamental questions arise about influence, governance and power across society, which creates challenges to both designing and understanding regulatory responses to AI. This panel of experts will discuss the latest regulatory developments in AI across the European Union, the US and Canada, as well as consider key use cases of AI across those jurisdictions.

Moderators: Sybila Valdivieso, Executive Director and Senior Legal Counsel at Provincial Health Services Authority (Vancouver) and Pina D’Agostino, Professor, Founder and Director at IP Osgoode (Toronto)

Justine Gauthier, Director of Corporate & Legal Affairs at Mila (Vancouver)

Sam De Silva, Partner at CMS Cameron McKenna Nabarro Olswang LLP (London, UK)

Sarah Cole, Executive Director Technology & Data Legal at Morgan Stanley (New York)

12:30 to 1:45 pm EDT

Lunch/Speaker: WIT – Women’s HealthTech: Legal implications of a changing world>

This panel discussion will be focused on the complex legal and operational framework surrounding health technologies that are targeted towards women’s health. We intend to delve into key considerations about the collection of women’s sensitive health data from a Canadian legal perspective, including a discussion on collection and handling of data by Canadian technology enterprises and guidance with respect to preparing for and responding to legal changes abroad.

Moderators: Gemma Devir, Privacy Associate at Osler, Hoskin & Harcourt LLP (Toronto) and Maryna Polataiko, Privacy Associate at Osler, Hoskin & Harcourt LLP (Toronto)

Angela Chaisson, Counsel at Millard + Company LLP (Toronto)

Mary Jane Dykeman, Managing Partner INQ Law (Toronto)

Swati Matta, Founder & CEO at Koble (Toronto)

1:45 to 3:15 pm EDT

Track 1: Litigating AI: Understanding the multi-faceted intersection of AI and the Law

Artificial intelligence is no longer science fiction, but has reached a point of maturity where it is now starting to intersect with the legal system and legal practice. Litigators will be at the forefront of this meeting of AI and law, and may be expected to navigate: (1) AI-informed legal determinations by courts, tribunals, and government agencies, (2) new challenges in evidence law (e.g. deep fakes), (3) complex cases involving harms caused by AI-based products, and (4) making decisions about how best to use AI tools in legal practice. Being prepared to meet these challenges will not only provide a surer footing in a transforming legal market but, as norms of practice continue to evolve, may some day become a professional obligation.

Moderator: Jesse Beatson, Associate at Norton Rose Fulbright Canada LLP (Toronto)

Ren Bucholz, Partner at Paliare Roland Rosenberg Rothstein LLP (Toronto)

Colin Stevenson, Partner at Stevenson Whelton LLP (Toronto)

Track 2: Competition Authorities Enforcing Consumers’ Privacy in the Digital Age: Canadian and International Updates

The accumulation of sensitive consumer data can give companies unprecedented insight into consumer preferences and refine targeted advertising. The Canadian Competition Bureau has recently enforced the Competition Act against companies making false or misleading representations to consumers about the collection and use of their data and has awarded significant administrative monetary penalties. This panel will discuss the Competition Bureau’s mandate and the intersection with privacy laws, as well as similar themes internationally.

Moderator: Yonida Koukio, Business & IP Lawyer at Oziel Law (Toronto)

Michael Caldecott, Partner at McCarthy Tétrault (Toronto)

Etienne Tremblay-Guerin, Competition Law Officer at Competition Bureau Canada (Ottawa)

Alexandra Mitretodis, Partner at Fasken (Vancouver)

3:30 to 5:00 pm EDT

Track 1: Social and economic disruption and its effects on tech companies

The last few years have seen significant events affecting social change, and other important considerations technology companies need to take into account as part of their business models, including greater scrutiny of a tech company’s business practices, and who their partners are.

How will tech companies move forward in light of the new ‘social norms’? How can tech companies improve their current state of DEI? How can techcos lead these changes? What would tech companies like to see from other stakeholders – government, educational institutions, customers, shareholders, etc.

Moderator: Lisa Danay Wallace, Partner at WeirFoulds LLP (Toronto)

Jamie Greenberg, General Counsel at Wattpad (Toronto)

Horatiu Druma-Strugariu, Head of Canadian Content at Alexsei (Toronto)

Anya Klimbovskaia, CoFounder & COO at Diversio (Toronto)

Track 2: Doing business in Quebec and with Quebec: legislative challenges

Doing business in Quebec, and with Quebec, has become more challenging in the wake of recent legislative changes including the passing of Bill 96 which amends the Charter of the French Language and other laws. There are also challenge doing business with a civil law jurisdiction. Join our team of experts to learn about what this means for your client’s business, including employee matters, commercial agreements, product advertising and marketing requirements and the consequences of non-compliance.

Moderator: Nancy Cleman, AD.E Partner - Associée Lapointe Rosenstein Marchand Melançon S.E.N.C.R.L. (Montréal)

Catherine Gagné, Associate at Blake, Cassels & Graydon LLP (Montréal)

Emily Hutchison, Lawyer at blue HF Legal LLP (Montréal)

Melissa Tehrani, Partner at Gowling WLG (Montréal)

CAN-TECH LAW IN-PERSON or VIRTUAL CONFERENCE OPTIONS:

CAN-TECH Law Member: $1,625 + tax
CAN-TECH Law In-house/Gov Member: $975 + tax
Non-member: $1,825 + tax
Non-member In-house/Gov: $1,275 + tax
Student - $300 + tax

Group rates are available upon request. Please email contact@cantechlaw.ca for details.

VIRTUAL CONFERENCE ACCESS INFORMATION:

Details on how to access will be emailed to all registrants well in advance of the proceedings. The details will be emailed to the address entered when registering for the conference. Be sure to check your spam folder! If you are not able to locate the access information by 9 a.m., October 27, please email contact@cantechlaw.ca. It is the responsibility of the registrant to make sure they have the access information.
It is up to each registrant to ensure they have a strong internet connection prior to the event. Please be sure to test your connection well in advance.

PLEASE REVIEW IF ATTENDING IN-PERSON - SAFETY FIRST:

The venue will be following all local government protocols. See here
Stay home/participate virtually if you feel unwell or are exhibiting any COVID-19 symptoms. If unwell, we ask you to complete a COVID-19 test and quarantine until a negative result is confirmed. If needed, COVID-19 tests can be purchased locally. Please note, with currently circulating COVID-19 variants, it is common for rapid tests to be unable to detect COVID-19 until several days into infection – hence even if you have symptoms consistent with COVID-19 and are testing negative, please participate virtually.

SHERATON CENTRE TORONTO HOTEL

With a stay at Sheraton Centre Toronto Hotel, you'll be centrally located in Toronto, steps from Nathan Phillips Square and within a 10-minute walk of Toronto Eaton Centre. This 4-star aparthotel is 0.5 mi (0.8 km) from Ed Mirvish Theatre and 0.7 mi (1.2 km) from Metro Toronto Convention Centre.

Enjoy a range of recreational amenities, including an outdoor pool, an indoor pool, and a sauna. Additional amenities at this aparthotel include complimentary wireless Internet access, concierge services, and gift shops/newsstands.

Receive a 10% discount on the best available room rate, a promo code will be provided in the conference registration confirmation email.

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Canadian Technology Law Association

1-189 Queen Street East

Toronto, ON M5A 1S2

contact@cantechlaw.ca