Three Technological Stories Worth Keeping an Eye On

  • April 03, 2018
  • Jonathan Miller, SHIBLEY RIGHTON LLP

Three Technological Stories Worth Keeping an Eye On

Technology is everywhere and is changing how we communicate and carry on our daily lives. We can now work remotely or Skype with family from almost anywhere in the world, or respond instantaneously to emails and text messages. We can even order our groceries from our desk and pick them up on the way home.

As technology changes the legal landscape, here are three issues worth keeping an eye on:

1 – The Attorney General Announces Technological Advancements

In November, 2017, Attorney General Yasir Naqvi announced technological changes to the Ontario court system. Among them, Wi-Fi for courthouses, electronic jury questionnaires and online family law applications.

This is a good step in the right direction. And, as the old adage goes, slow and steady wins the race. However, the race is long. Wi-Fi in courthouses by 2019 does not bring the justice system into the modern age.

Perhaps the most important development out of the November announcement is online updates to child support agreements. Mr. Naqvi noted that access to the justice system is very important, and particularly so in family law matters because so many parties are unrepresented. The change in the system will improve access to those without lawyers.

As the Ministry of the Attorney General continues to roll out updates to the justice system, watch for technology to play a central role in these changes.

2 – The Introduction of Self Driving Cars

Recently, a man in California was charged for impaired driving while behind the wheel of a self-driving car. He claimed that he should not be charged because the vehicle, although stopped on a bridge, was a self-driving car.

The United States and Australia are well ahead of Canada in respect of developing laws to tackle the issue of impaired driving in autonomous vehicles. However, they do not seem to have an answer to this question either, at least yet.

Legislators and the legal profession need to pay attention to the impact this technology will have on the application of the law.

In a recent report titled, the "Autonomous Vehicles Readiness Index" KPMG ranked Canada 7th in the world in terms of preparedness for autonomous vehicles. Autonomous vehicles are already on the road, and as they become more common, we need to be ready for the legal questions that will follow: can an impaired person travel by autonomous vehicle? At what point is the vehicle autonomous enough that they can do so? What about someone who is legally blind and unable to operate a motor vehicle – will they be able to use autonomous vehicles?

3 – Digital Currencies are on the Rise

Cryptocurrencies, like Bitcoin, are gaining traction. Despite their volatility they look like they are here to stay.

Cryptocurrencies are not considered legal tender in Canada but they can be used for digital transactions. Even some lawyers have said they will take payment in Bitcoin.

As cryptocurrencies increase in popularity, it is important for users to remember that cryptocurrencies are subject to the Income Tax Act. Cryptocurrencies are considered a commodity and gains and losses have to be reported.

In addition to the tax implications of cryptocurrencies, financial services companies must also consider Ontario Securities Commission regulations and reporting obligations. Individual users need to think about cryptocurrencies when it comes to estate planning and distribution of their digital assets.

The Ontario Securities Commission supports the use of cryptocurrency as a way to change the way financial services are offered to Canadians. Expect to see changes to address the advancements in cryptocurrencies.

Any article or other information or content expressed or made available in this Section, is that of the respective author and not of the OBA.

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