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

Experts predict that Canada's proposed ban on social media for youth under 16 may face a constitutional challenge, according to some legal experts. France's top court recently struck down its own ban on social media for kids under 15, deeming it too broad and infringing on freedom of expression. Dalhousie University law professor Michael Karanicolas stated that a Charter challenge to Canada's law is highly likely, given the significant impact on social media and expression.

Karanicolas emphasized that social media is the primary means for young people to voice their opinions on political matters. Denying them access to these platforms would silence them and prevent them from participating in political discourse, as they are the future leaders of the nation. Furthermore, both Karanicolas and Tamir Israel, a director at the Canadian Civil Liberties Association, cited the example of Greta Thunberg, who became a prominent environmental activist at the age of 15.

Israel noted that Bill C-34, Canada's proposed legislation, shares similarities with the French law, potentially leading to challenges regarding freedom of expression and privacy.

The Liberal government introduced Bill C-34 in June, which must undergo the parliamentary process before becoming law. Social media platforms may obtain an exemption if they implement adequate safeguards to protect children. However, Canada has yet to release a Charter statement outlining potential effects on Charter rights and freedoms for Bill C-34. The country joins numerous others in considering social media age restrictions following Australia's December 2023 ban on kids under 16.