Recorded August 20, 2024

Join us for an engaging fireside chat with author Ignacio Cofone, as we delve into the insightful themes of his latest book, "The Privacy Fallacy".  Explore the book's compelling narratives and thought-provoking ideas in an intimate discussion led by Nancy Cleman.

Ignacio is the Canada Research Chair in AI Law & Data Governance at McGill University, where he teaches Privacy Law and AI Regulation, and is an Affiliated Fellow at the Yale Law School Information Society Project. His research explores how laws should adapt to technological and economic change with a focus on data harms and AI. Ignacio has held visiting positions at the universities of Oxford, St. Gallen, Bar-Ilan, Tilburg, Buenos Aires, and Di Tella. While at McGill, he was a Norton Rose Fulbright Faculty Scholar and received the Canadian Institute for the Administration of Justice Charles Gonthier Fellowship, Future of Privacy Forum Best Privacy Papers for Policymakers award, Council of Europe Stefano Rodota Award special mention, Canadian Association of Law Teachers Scholarly Paper honorable mention, and Principal’s Prize for Outstanding Emerging Researcher. His work was published in the University of Toronto Law Journal, the Stanford Technology Law Review,  and the Harvard Journal of Law & Technology. 

Moderated by: 

Nancy Cleman Ad. E. Partner, Associée Lapointe Rosenstein Marchand Melancon S.E.N.C.R.L

CAN-TECH Law Past President

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Recorded on Tuesday, January 21, 2025 12:30 to 1:30 p.m. EST

Join us for a dynamic discussion on how technology is transforming the fight against climate change. This session will examine how innovative technology solutions are addressing climate challenges, the regulatory frameworks shaping their adoptions, and the vital contributions of women in driving these advancements.

Our expert panel will delve into the legal implications of cutting-edge technologies designed to address climate change, the unique opportunities for women’s contributions in this field, and the global trends driving the future of sustainable technology solutions. Don’t miss this chance to learn about the intersection of law, technology, and climate action, and what the future holds for innovation in this area.

Featuring:

Melissa Fifield, Head, BMO Climate Institute

Melissa Fifield leads the BMO Climate Institute, a center of expertise accelerating climate solutions by bridging science, policy, finance and economics. She is a global sustainability leader with more than 20 years of experience leading US and international programs across social and environmental impact areas. In 2024, she was named by Environmental Finance as Sustainability Thought Leader of the Year, Americas.

Prior to BMO, Melissa led Corporate Social Responsibility & Sustainability for Bank of the West, where she was responsible for driving strategic partnerships, policies, and programs that created and advanced positive impact.

For more than 14 years, Melissa led environmental sustainability across product development, manufacturing, and operations for the global specialty retailer Gap Inc. based in San Francisco.  In her time with Gap Inc., Melissa helped spearhead the USAID + Gap Inc. Women + Water Alliance, a five-year public-private partnership focused on improving and sustaining the health and well-being of women and communities touched by the apparel industry.

Melissa currently serves as Chair of the Apparel Impact Institute Board of Directors and is a founding member and former Board member of the Sustainable Apparel Coalition.

Gabrielle Paris, VP Legal, Deep Sky

Gabrielle is a lawyer with a proven track record in the VC industry. Her legal and business counsel spans the lifecycle of companies, from inception to liquidity. At Fasken, she worked closely with startups at various stages, particularly during VC financing rounds. She then led the legal function at RenoRun, a startup operating in Canada and the US, where she honed her skills in developing strategies to support business objectives.

As the VP Legal at Deep Sky, a pioneering carbon capture and storage project developer, Gabrielle leverages her startup and legal experience in an innovative industry. She focuses on the financing, development, and operations of Deep Sky's projects, as well as the sale of carbon offsets, underscoring her commitment to sustainable practices and innovative solutions in the fight against climate change.

Claudette van Zyl, Specialist - ESG, Impact, & Legal Affairs, Fondaction Gestion d’Actifs

Claudette van Zyl has degrees in Political Science, Economics, and Classical Studies as well as in Law at McGill University. After completing a legal internship at the Permanent Court of Arbitration, Claudette practiced law at Norton Rose Fulbright for seven years and is now at Fondaction Asset Management, an investment manager with hundreds of millions of dollars under management in sustainable development initiatives - including decarbonization projects, energy efficiency, and the circular economy. She has published, taught, and practiced in various matters respecting international arbitration and sustainable development, including projects with the International Sustainable Development Law Organization, the McGill Journal of Sustainable Development Law and Policy, and the Center for Intellectual Property Policy.  She has contributed to the editing of a book on sustainable development principles in the decisions of international courts and tribunals and is co-author of a Jurisclasseur fascicule on collective marks which addresses geographical indications and certain aspects of the law respecting alcohol and approaches to regional development. While she was in private practice, Claudette pled the first case in Québec that issued an alcohol permit to an entirely virtual grocery store.

Organized by the WIT Committee: Natalie LaMarche, Sophie Fu and  Sharan Johal

This program contains 10 minutes of EDI Professionalism content

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Check out the 2023 CAN-TECH Law Fall Conference Highlights here

Missed the conference?

Recorded on October 7 to 8, 2024 at the Ontario Bar Association

See the full agenda here

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Purchase full recording (2 days):

• CAN-TECH Law Member - $800 + HST
• CAN-TECH Law In-house/Gov - $500 + HST
• CAN-TECH Law Student - $150 + HST
• Practising Lawyer non-member - $1,000 + HST
• In-house/Gov non-member - $750 + HST
• Student non-member - $200+ HST

If you would like to purchase specific sessions only, please contact us at contact@cantechlaw.ca.

RECORDING: CAN-TECH 2024 Spring Conference: Peeling Back to Basics: Technology Contracts

Recorded June 7, 2024

The CAN-TECH Spring Conference is back and, following last year's success, will focus on discussing practical tips and tricks for junior to mid level technology lawyers to apply in their practices. The event was held from coast-to-coast – starting in Vancouver and ending in Halifax – with five offices (Vancouver, Regina, Toronto, Montreal, and Halifax) each hosting one live panel and participating in the other panels via Zoom. The one-day, pan-canadian program, with hybrid in-person and webcast sessions, will see panels across five satellite locations discuss a range of topics, including drafting and negotiating strategies and pitfalls to look out for in technology contracts.

The hope was that the attendees would leave the conference feeling more confident and comfortable in their understanding of technology transactions, the contracts, and the issues that often come up in them. Based on the expertise the panelists shared, and the accompanying materials, mission accomplished.

Spring Conference Co-chairs:

Justine Gauthier, General Counsel & Head of AI Governance, Mila 

Justine Gauthier is the General Counsel & Head of AI Governance of Mila, a prominent artificial intelligence research institute at the intersection of industry, academia and government, where she also acts as Privacy Officer and Corporate Secretary. A leading voice on the emerging legal and ethical issues surrounding artificial intelligence, Ms. Gauthier is deeply involved in the Canadian innovation ecosystem, and sits on the boards of Front Row Ventures, AInBC, and the Canadian Technology Law Association.

 Dorian Morrison, Senior Associate, McCarthy Tétrault LLP

Dorian Morrison is a senior associate in McCarthy Tétrault’s Business Law and Information Technology Law groups in Vancouver. Dorian regularly advises clients, both in the public and private sectors, on complex commercial transactions including technology procurements, technology-based outsourcings, cloud agreements and other commercial transactions.

Dorian has been seconded to two different national organizations in the United Kingdom allowing her to work alongside the in-house legal, procurement and sales teams.

Dorian obtained her Bachelor of Commerce degree from the University of Calgary in 2011 and her Bachelor of Laws degree from the University of Leicester in 2014. Dorian completed her legal training in the United Kingdom and became a member of the Law Society of England and Wales in 2017. Prior to joining McCarthy Tétrault LLP, Dorian worked at an international law firm in London, UK where she practiced in the commercial and IT group.

Locations:

The conference was recorded in Vancouver, Winnipeg, Montreal, Toronto and Halifax.

CPD - This program is eligible for up to 5 Substantive Hours 

Vancouver: Service levels, service credits

An intriguing discussion on the topic of service levels, why they are important and how they can be drafted to provide protection to both buyers and sellers will leave you with practical tips to implement in your daily practices. Junior and mid-level associates are often tasked with reviewing service levels in technology contracts and we want to ensure you are equipped with the knowledge required to understand the drafting nuisances of service levels and how one or two simple words (e.g. exclusive remedy) can change the trajectory of contract negotiations. We will also discuss other relevant topics such reporting on and tracking service levels.

Moderator:  Justine Gauthier, General Counsel & Head of AI Governance, Mila 

Speakers: 

• Dorian Morrison, Senior Associate, McCarthy Tétrault LLP
• Kelsey Franks, Associate, McCarthy Tétrault LLP

Winnipeg:  Negotiation

Join us for an engaging panel discussion on mastering negotiation in the realm of technology contracts. From leveraging industry standards to anticipating emerging trends, attendees will gain practical tips and tricks to enhance their negotiation skills and achieve favorable outcomes. Whether you're a junior associate or a more seasoned negotiator, this session promises to equip you with the tools necessary to thrive in the ever-evolving landscape of negotiating technology contracts.

Moderator: Danielle Graff, Partner, MLT Aikins LLP

Speaker: 

• David Carrick, Counsel, MLT Aikins LLP
• Nicolas Joubert, Associate, MLT Aikins LLP

Montreal: Tech Terms Unveiled: Understanding EULAs, Terms of Use and the arrival of GenAI

This session promises to be an engaging discussion for legal professionals eager to grasp the essentials of technology contracts and the exciting new realm of Generative AI. Together, our esteemed panelists will guide you through the intricacies of End-User License Agreements and Terms of Use, illuminating the technical nuances that distinguish on-premises software from cloud solutions and how these differences manifest in legal terms. As the tech world dives into Generative AI, we'll explore its impact on technology contracts, introducing novel contractual concepts and examining how Generative AI contracting is built upon established agreements.

Speakers:

• Misha Benjamin, Partner, Co-Leader for Tech and AI at BCF Business Law
• Claire Mazzini, Corporate Counsel, Microsoft Canada
• Jean-François De Rico, Partner,  KPMG Canada

Toronto:  NDAs? NBD! A primer on confidentiality agreements

Have you been asked for an NDA or a confidentiality clause and faced precedents ranging from a paragraph to 10 pages in length? How much of that language does your client actually need, and why?

Join us for a discussion of key considerations to navigating the varied landscape of confidentiality agreements.

Moderator: Paul Burbank,  Associate, Fasken

Speakers:

• Amy Fliam, Partner, Wilkinson Barker Knauer LLP
• Brandon Track, Corporate Counsel, Cisco Systems Canada Co.
• Anagha Nandakumaran, Associate, Fasken

Halifax: Privacy/Cyber Security/AI policy development

In the rapidly evolving digital landscape, the intersection of privacy, cybersecurity, and AI policy development is critical. This presentation will delve into the latest guidelines and best practices for creating robust AI systems that prioritize security and privacy. The presentation will also cover the development of comprehensive cybersecurity policies, aligning with industry standards and regulatory requirements to protect sensitive information and mitigate risks. Furthermore, we will discuss the joint guidance provided by international cybersecurity agencies, which outlines methodologies and controls to safeguard AI systems. By the end of this presentation, attendees will have a clearer understanding of the principles and practical steps necessary for developing and implementing effective privacy and cybersecurity policies in the context of AI.

Speakers:

• David Fraser, Partner, McInnes Cooper
• Charlotte Henderson, CIPP/C Associate & Trademark Agent, Stewart McKelvey
• Lola Williams-Afolabi, Associate, Boyneclarke Lawyers LLP

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Recorded Monday, May 27, 12 to 1 p.m. ET on Zoom

Join us for a discussion on Canada’s proposed Online Harms Act, which seeks to regulate social media services, including livestreaming and adult content services. Bill C-63’S long-awaited online harms framework marks Canada's response to the evolving global landscape of platform regulation, following in the footsteps of laws such as the E.U. Digital Services Act and the U.K. Online Safety Act. Our panel of experts will delve into the anticipated impact of the Act, potential issues arising from the Act as currently drafted, its alignment and interoperability with analogous laws worldwide, and measures necessary to comply with obligations relating to content moderation, transparency, and child protection. Don't miss this opportunity to gain valuable insights into the dynamic arena of platform governance.

Law Society of Ontario Accredited - This program is eligible for up to 1 Substantive Hours

• Dr. Emily Laidlaw, Canada Research Chair in Cybersecurity Law | Associate Professor at University of Calgary Faculty of Law
• Agne Kaarlep, Head of Policy and Advisory at Tremau
• Pam Hrick, Executive Director & General Counsel at the Women’s Legal Education and Action Fund [LEAF]

Moderators:

• Maryna Polataiko, Associate, Privacy & Data Management, Osler, Hoskin & Harcourt LLP
• Natalie LaMarche, Associate, Blake, Cassels & Graydon LLP

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Recorded Tuesday, March 26, 12 to 1 p.m. EDT / mardi, 26 mars, midi à 13 h 00

This is a bilingual event  Il s'agit d'un événement bilingue

Moderator / Modératrice

• Jessica Rollins, JD, MBA, Lawyer Licensing candidate, CIPPIC

Featured speakers / Intervenants en vedette:

• Professor Karen Eltis  | University of Ottawa, Civil Law Section
  
• Nancy Cleman, Ad. E.,  Partner |  Lapointe Rosenstein Marchand Melançon LLP
• Liliane Langevin, Associate | Blakes - Blake, Cassels & Graydon
• Christiane Saad, Director |  Programme de pratique du droit

This panel will boldly discuss the contributions of women working at the intersection of law and technology. We will showcase their triumphs, shed light on challenges, and explore powerful strategies to excel in this field.

Ce panel discutera des contributions des avocates à l'intersection du droit et de la technologie. Elles présenteront leurs succès, feront la lumière sur certains défis et partageront des stratégies pour exceller dans leur domaine.

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Author: Simran Mann, J.D. Candidate at the University of Ottawa

The Women in Technology (WIT) committee celebrated its second annual International Women’s Day event on March 7th at The Loft (18 Tank House Lane, Toronto). The theme of this year’s event was “#InspireInclusion: If Not Her, Then Whom?”, aimed at highlighting the unique challenges and triumphs of women in law and technology.

Standing up from left to right: (1) Tetyana Klimova, Lawyer at EY Law LLP; and (2) Jennifer Davidson, Board Member of CAN-TECH and Partner at Deeth Williams Wall LLP.

With a full house event, this evening sparked reflection, compassion, and unity. With women from all walks of life, the room invited insightful dialogue and discussion. The evening kicked off with opening remarks from Jennifer Davidson, followed by Tetyana Klimova who helped moderate this year’s event.

Fireside Chat

Left to right: (1) Wendes Keung, Co-Chair of WIT and Associate at McCarthy Tétrault LLP; (2) Aashima Singh, Senior Legal Counsel at Lightspeed Commerce; (3) Taslenna Shairulla, Senior Legal Counsel and Chief Privacy Officer at Capital One; (4) Breanna Needham, Associate at DLA Piper; (5) Christine Jackson, Partner at Osler, Hoskin & Harcourt LLP; and (6) Fadwa Mohanna, Co-Founder and CEO at One37.

Featured above are the six extraordinary women who shared their personal stories about overcoming obstacles and reaching new heights. Wendes Keung reminded the room that while imposter syndrome can manifest as a result of perfectionism and self-doubt, it does not define your true abilities. Aashima Singh emphasized the importance of staying true to yourself, even when it does not succumb to other people’s expectations. Taslenna Shairulla explained how failures can serve as valuable lessons and should not deter anyone from achieving their goals. Breanna Needham emphasized that resiliency is not just breaking the glass ceiling, but understanding when to redirect your efforts when the situation no longer serves you. Christine Jackson helped to reframe the conversation on work-life balance by changing how we view priorities through the glass ball theory. Last but not least, Fadwa Mohanna emphasized the importance of women supporting other women and having strong female role models when navigating the gender disparity in technology. Overall, these six women helped to inform, influence, and inspire the roles that women play in society.

Tech Trivia

Featured: Fadwa Mohanna and the vintage brooches.

Following the fireside chat, attendees participated in a game of trivia. Members of the winning team each received a vintage brooch courtesy of Fadwa Mohanna. Inspired by the historical significance of jewelry in the suffragette movement, these brooches symbolize strength and resilience. Inevitably, with the event attracting many talented and smart minds, two teams tied for first place. Thanks to Fadwa, there were plenty of beautiful brooches made available!

Thank You

Top row from left to right: (1) Taslenna Shairulla; (2) Breanna Needham; (3) Kuljit Bhogal (Co-Chair of WIT and Associate at Osler, Hoskin & Harcourt LLP); (4) Fadwa Mohanna; and (5) Tetyana Klimova. Bottom row from left to right: (1) Aashima Singh; (2) Wendes Keung; and (3) Mallory Allan (Associate Legal Counsel at Healthcare of Ontario Pension Plan).

Both Kuljit Bhogal and Wendes Keung played an instrumental role in the curation of this year’s International Women’s Day event. Thank you to this year’s sponsors: Blakes, Cassels & Graydon LLP, Deeth Williams Wall LLP, McCarthy Tétrault LLP, and WeirFoulds LLP. It is thanks to the support of volunteers, sponsors, and attendees that the event was such a success.

From discussions on breaking barriers to celebrating achievements, the event served as a powerful reminder of the progress made and the work still ahead in promoting gender equality and diversity. The WIT committee hopes that this event encourages more people to champion inclusion in their workplaces and communities, embodying the spirit of the mission to #InspireInclusion in their daily lives.

Recorded on Friday, February 23, 2024 12 to 1 p.m. EST

This program contains 1 EDI Professionalism Hour. 

Featuring:

Maya Medeiros, Partner, Norton Rose Fulbright LLP

Carole Piovesan, Co-Founder at INQ Law

Justine Gauthier, Director, AI Governance at Mila

Kuljit Bhogal, Associate at Osler, Hoskin & Harcourt LLP

Daniel Bourque, Assistant General Counsel at Workday

Moderated by:

Arun Krishnamurti, Senior Counsel, Google Canada

The Federal government introduced Bill C-27, which includes the Artificial Intelligence and Data Act (AIDA) to establish requirements for the design, development, use, and provision of AI systems.

AIDA would require entities responsible for high-impact AI systems to establish measures to identify, assess and mitigate the risks of harm or biased output that could result from the use of the system.

AIDA integrates “biased output” and section 3 of the Canadian Human Rights Act (“CHRA”). Biased output is defined as content that is generated, or a decision, recommendation or prediction that is made, by an AI system and that adversely differentiates, directly or indirectly and without justification, in relation to an individual on one or more of the prohibited grounds of discrimination set out in section 3 of the CHRA, or on a combination of such prohibited grounds. Section 3 of the CHRA sets out the following prohibited grounds of discrimination: race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered . Biased output does not include content, or a decision, recommendation or prediction, the purpose and effect of which are to prevent disadvantages that are likely to be suffered by, or to eliminate or reduce disadvantages that are suffered by, any group of individuals when those disadvantages would be based on or related to the prohibited grounds.

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Recorded on Thursday, December 7, 2023 12 to 1 p.m. EST

Cybersecurity insurance is a nascent product reacting to a fast-evolving threat landscape. Every business in every sector is vulnerable to data breach, ransomware, and other cyber attacks. New cyber threats are on the horizon and most of today’s coverage options are inadequate to cover them.

Howard Smith for an informative lunchtime webinar, where he discusses what cyber insurance does and does not cover. Howard sheds light on the emerging cyber threats impacting industrial control systems and industrial IoT (internet of things) and the gaps in coverage these threats pose.

This program contains 1 Professionalism Hour.  

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