" left for later administrative determination."
True, and it will unfortunately be weaponized.
Really it's left to the courts and they will do as they please - subject to the kinds of cases that are brought to the, usually by people with agendas.
Since the new Constitution, we're living in a kind of Judicial Supremacy (in other places as well) where the best legislators and lawyers in the world basically don't even know if something is legal when they make it.
It's a giant gaping hole in how our Liberal institutions were founded that's only obvious now in hindsight I suppose. There really needs to be some kind of way for the Legislative and Judiciary to work something out - maybe by presenting test cases for new proposals, advisory etc.. Because as it stands, all of the 'most important things' are decided by an un-elected and 'Council of Elders' behind closed doors, with not nearly the same level of oversight, public or media scrutiny as in Parliament.
In Canada there is a 'notwithstanding' loophole, literally meaning Provinces can just 'opt out' of something being Constitutional, which is another, weird, separate problem.
We should really err on the side of freedom of expression in the law.
YouTube is still free to have their own thresholds, which is also fair.
True, and it will unfortunately be weaponized.
Really it's left to the courts and they will do as they please - subject to the kinds of cases that are brought to the, usually by people with agendas.
Since the new Constitution, we're living in a kind of Judicial Supremacy (in other places as well) where the best legislators and lawyers in the world basically don't even know if something is legal when they make it.
It's a giant gaping hole in how our Liberal institutions were founded that's only obvious now in hindsight I suppose. There really needs to be some kind of way for the Legislative and Judiciary to work something out - maybe by presenting test cases for new proposals, advisory etc.. Because as it stands, all of the 'most important things' are decided by an un-elected and 'Council of Elders' behind closed doors, with not nearly the same level of oversight, public or media scrutiny as in Parliament.
In Canada there is a 'notwithstanding' loophole, literally meaning Provinces can just 'opt out' of something being Constitutional, which is another, weird, separate problem.
We should really err on the side of freedom of expression in the law.
YouTube is still free to have their own thresholds, which is also fair.