Experts say Canadian youth social media ban likely to see Charter challenge

Canada's proposed ban on social media for users under 16 is likely to face a constitutional challenge, according to legal experts. This prediction follows a recent decision by France's top court, which struck down a similar ban for those under 15, deeming it overly broad and an infringement on freedom of expression.

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If we’re talking about such a significant intervention in the social media space and in the expressive space, there will be organizations that have the resources and the expertise to take a challenge forward and I think it’s very likely that we see litigation around this.

Michael Karanicolas, an associate law professor at Dalhousie University, stated that a Charter challenge to Canada's law is "almost inevitable." He believes organizations with the necessary resources and expertise will likely pursue litigation, especially given the significant intervention into the social media and expressive spaces.

Karanicolas argued that social media serves as a primary avenue for young people to voice their opinions on political matters. Denying them access silences them, despite their being impacted by political decisions and being the next generation of leaders. "People under 16 may not be able to vote, but they have skin in the game when it comes to the political discourse. They are impacted by political decisions that are being made," he said.

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People under 16 may not be able to vote, but they have skin in the game when it comes to the political discourse. They are impacted by political decisions that are being made.

Tamir Israel, a director at the Canadian Civil Liberties Association, echoed these concerns, drawing parallels between Canada's Bill C-34 and the French law that was deemed unconstitutional. Both laws, Israel noted, share features that led to the French court's ruling on freedom of expression and privacy grounds. The Canadian government introduced Bill C-34 in June, and it still requires parliamentary approval. Social media platforms may be exempt if they implement sufficient safeguards for children. The government has not yet released a Charter statement for the bill.

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I imagine for something this novel and this categorical, there will be challenges for sure.