Perspectives (EN): Recent Episodes
Fasken LLP
Perspectives, the podcast of legal news from the business world. In each episode, our lawyers and their guests discuss the impact of many legal issues on business.
From litigation to labour law to the environment to cyber security, they explore and examine legal developments across Canada and around the world.
Communications Regulation and Trade is a three-part podcast series from Fasken’s Perspectives podcast, presented by Fasken’s Communications group, exploring how the upcoming CUSMA review may impact Canada’s copyright, broadcasting, and telecommunications sectors.
In this series, Fasken lawyers examine how trade negotiations have shaped and may again impact key areas of Canadian communications law. From intellectual property to media regulation and digital infrastructure, they explore the intersection of domestic policy and international trade, and what it means for businesses operating in the communications sector.
In this final episode, Leslie Milton, co‑chair of Fasken’s Technology, Media and Telecommunications Group, speaks with Paul Burbank, a partner in the group, about how CUSMA’s framework may shape Canada’s telecommunications sector. They explore key issues such as market access, foreign ownership, and the interplay between telecommunications regulation and digital trade, as well as considerations like cybersecurity, lawful access, and location of data centres in the context of the agreement’s review.
The World of Work: When things go wrong with AI | As artificial intelligence continues to reshape the workplace, the legal and workforce implications are becoming harder to ignore. In the latest World of Work podcast, Labour, Employment & Human Rights Partner Venolan Naidoo explores what happens when AI goes wrong at work, unpacking key considerations around discipline, data, and defensibility. In this episode, Venolan addresses critical questions: (1) Are there gaps in how organisations are managing workforce risk in relation to AI? (2) Have these risks been properly identified? (3) And where are organisations potentially exposed from an employment or data protection perspective?
The takeaway is clear: AI literacy is no longer just an educational priority; it is a diagnosable legal risk. Organisations need to move beyond awareness and begin implementing structured AI risk management frameworks. AI will not wait for organisations to catch up. The real choice is whether to respond proactively with readiness, or reactively manage the fallout.
Tune in to gain practical insights on navigating AI in the workplace, and why a proactive approach remains the only viable path forward.
Communications Regulation and Trade is a three-part podcast series from Fasken’s Perspectives podcast, presented by Fasken’s Communications group, exploring how the upcoming CUSMA review may impact Canada’s copyright, broadcasting, and telecommunications sectors.
In this series, Fasken lawyers examine how trade negotiations have shaped and may again impact key areas of Canadian communications law. From intellectual property to media regulation and digital infrastructure, they explore the intersection of domestic policy and international trade, and what it means for businesses operating in the communications sector.
In this second episode, Scott Prescott, a partner in Fasken’s Communications Practice Group, speaks with Ryley Alp, an associate in the group, about how the upcoming CUSMA review may affect Canada’s broadcasting sector. They discuss the role of the cultural industries exception, key areas of friction in Canada-US trade relations, and how recent developments, such as the regulation of online streaming, may factor into future negotiations.
Update: Please note that this discussion was recorded in May 2026 and reflects ours lawyers views on the potential impact the CUSMA review could have on broadcasting regulation in Canada at that time. There have been subsequent developments relating to CUSMA and the broadcasting sector since the recording date.
In this special Father’s Day edition of the Fasken Perspectives Podcast, members of our South African office Labour, Employment & Human Rights team including Owethu Mbambo, Daphney Willem and Benny Makoloane, unpack the evolving parental leave framework in South Africa and what it means for employers, employees, and families.
From the Van Wyk Constitutional Court judgment to the proposed Labour Law Amendment Bill, the conversation explores (1) the shift from maternity and paternity leave to a unified parental leave framework; and (2) practical considerations for workplace policies and compliance.
Listen to hear insights from Daphney Willem, Benny Makoloane and Owethu Mbambo.
Communications Regulation and Trade is a three-part series from Fasken’s Perspectives podcast, presented by Fasken’s Communications group, exploring how the upcoming Canada-United States-Mexico Agreement (CUSMA) review may impact Canada’s copyright, broadcasting, and telecommunications sectors.
In this series, Fasken lawyers examine how trade negotiations have shaped and may again impact key areas of Canadian communications law. From intellectual property to media regulation and digital infrastructure, they explore the intersection of domestic policy and international trade, and what it means for businesses operating in the communications sector.
In this first episode, Kiera Boyd, an associate in Fasken’s Communications group, speaks with Jay Kerr-Wilson, head of Fasken’s Copyright group, about how the upcoming CUSMA review may affect copyright law in Canada. They discuss how CUSMA currently addresses copyright, where pressure for change may arise, and how evolving digital markets are influencing Canada’s position at the negotiating table.
In this latest podcast episode, Fasken Employment, Data Privacy & AI Governance Partner, Venolan Naidoo, explores why AI literacy should be endeavoured to become a key workplace enabler, to increase the benefits of AI tools and manage legal risks that go with it.
As artificial intelligence reshapes how work is performed, managed and monitored, organisations must move beyond technology adoption to focus on understanding AI. This is done by aiming to sufficiently train workforces to better adapt to these changes, which also has the net effect of optimal AI governance and its responsible use. Venolan unpacks the legal, people and policy considerations employers should be thinking about, from workplace adaptation, upskilling and the ethical use to risk management and workplace culture, offering practical insights for leaders in organisations navigating an AI‑enabled world of work.
This podcast episode hosted by Fasken South Africa Labour, Employment & Human Rights Partner Venolan Naidoo explores the impact of globalisation on employment and how legal principles, especially extra-territoriality, aims to shape the governance of cross-border work arrangements.
The episode covers:
- Transformation of global work: Employment has shifted towards flexibility with remote cross-border roles becoming common, including digital nomads and diverse remote employment setups involving South Africa and foreign entities.
- Trends and challenges: Some employees prioritise flexibility and international experience, while employers increasingly hire globally to fill critical roles, facing legal complexities in tax, immigration, and compliance.
- Legal principles of extra-territoriality: Venolan unpacks this concept which involves applying national labour laws beyond borders and focuses in on multiple jurisdictions.
- Insights from case law: Venolan covers what the South African courts have to say, and their consideration of whether foreign operations are extensions of South African entities, and which jurisdiction’s laws ought to apply (in light of key legal considerations).
Welcome to this special episode of the Fasken Perspectives podcast, hosted by Labour, Employment & Human Rights partners Daphney Willem and Owethu Mbambo from our Johannesburg office.
October marks Mental Health Awareness Month, hosts, Daphney and Owethu, explore the critical intersection of mental health and employment law in South Africa. With 15% of working adults globally affected by mental disorders, the impact on productivity and legal compliance is significant.
The hosts unpack the legal obligations employers face under the Occupational Health and Safety Act, Employment Equity Act, and the newly updated Code of Good Practice on Dismissals in South Africa. They also share practical strategies for prevention, support, and accommodation in the workplace.
Whether you're an HR professional, business leader, or legal advisor, this episode offers essential insights into managing mental health responsibly and legally. Tune in to learn how to create safer, more supportive work environments while staying compliant with South African labour laws.
Copyright and AI is a three-part podcast series from Fasken’s Perspectives podcast, exploring how Canadian law is grappling with the rise of generative artificial intelligence.
Jay Kerr-Wilson, who leads Fasken’s copyright practice, and McGill University student Amy Qi dive into complex questions around authorship, ownership, consent, and the legal lifespan of AI systems. Listen to this exclusive series as they unpack the legal and philosophical challenges shaping the future of copyright in Canada—and what it means for innovators, rights holders, and AI developers alike.
If an AI creates something, who owns it? Can an AI system be considered an author under Canadian law? In this final episode in the series, Kerr-Wilson and Qi unpack the legal complexities of authorship and ownership in Canada, and what it means for AI users, businesses, developers, and rights holders.
Copyright and AI is a three-part podcast series from Fasken’s Perspectives podcast, exploring how Canadian law is grappling with the rise of generative artificial intelligence.
Jay Kerr-Wilson, who leads Fasken’s copyright practice, and McGill University student Amy Qi dive into complex questions around authorship, ownership, consent, and the legal lifespan of AI systems. Listen to this exclusive series as they unpack the legal and philosophical challenges shaping the future of copyright in Canada—and what it means for innovators, rights holders, and AI developers alike.
AI-generated deepfakes are raising new legal and ethical questions around consent and defamation. In this second of three episodes, Kerr-Wilson and Qi dive into the copyright implications of synthetic images and video, and how Canadian courts and policymakers are responding to this fast-moving challenge.
Welcome to the first episode of "The New World of Work," hosted by Venolan Naidoo.
In this episode, Venolan introduces key topics that are changing how organisations and employees work today. He will explore the changing workplace landscape both in South Africa and globally (especially how this may eventually impact South Africa).
Venolan will also delve into topics on the challenges of navigating labour laws. Particularly in a rapidly changing environment. He will explore the role of artificial intelligence on the workplace (its benefits and legal risks) and some of the new forms of work emerging.
This episode is perfect for business leaders, legal professionals, or anyone interested in the future of work. Tune in to gain insights and strategies for adapting to these changes.
Copyright and AI is a three-part podcast series from Fasken’s Perspectives podcast, exploring how Canadian law is grappling with the rise of generative artificial intelligence.
Jay Kerr-Wilson, who leads Fasken’s copyright practice, and McGill University student Amy Qi dive into complex questions around authorship, ownership, consent, and the legal lifespan of AI systems.
Listen to this exclusive series as they unpack the legal and philosophical challenges shaping the future of copyright in Canada—and what it means for innovators, rights holders, and AI developers alike.
Can AI legally learn from copyrighted works? What rights do creators retain when their work trains large language models? In this first episode, Kerr-Wilson and Qi explore how Canadian copyright laws applies to the data used to train large language models, and what it means for creators, platforms, and policymakers.
In this episode of From the Lobby, host Dan Brock is joined by Fasken Government Relations and Political Law group Alex Steinhouse, Andrew House, and Guy Giorno, along with special guest David Lametti, former Minister of Justice and Attorney General of Canada. Against the backdrop of a growing tariff war between the US and a number of other countries, the discussion delves into the unfolding political landscape leading up to the Canadian federal election. With the Conservative Party of Canada previously leading the polls, recent data now shows a solidifying national lead for the Liberal Party of Canada. The panel examines the key factors and events that have influenced this shift in public opinion.
Visit Fasken’s Canada-Trump Administration 2.0 page for more insights.
This week on From the Lobby, Prime Minister Mark Carney pauses his election campaign to address the escalating crisis caused by global tariffs imposed by US President Donald Trump. Join us as we discuss this unique situation where a federal party leader, never before elected to office, steps into his prime ministerial role amidst an election. With no sitting parliament and no parliamentary opposition, how does the Canadian government navigate these extraordinary circumstances? Join host Dan Brock, along with our expert panel, Guy Giorno, Claudia Feldkamp, and Alex Steinhouse, as they discuss the implications and mechanics of governance in these unprecedented times.
Visit Fasken’s Canada-Trump Administration 2.0 page for more insights on this topic.
In the latest episode of Fasken’s From The Lobby series, we dive into the Liberal leadership race, featuring front runners Mark Carney and Chrystia Freeland. We explore the implications for Parliament and the next Prime Minister. Join hosts Guy Giorno, Alex Steinhouse, and Andrew House for an insightful discussion. (Recorded March 7)
Visit Fasken's Canada-Trump Administration 2.0 page for in-depth insight and analysis.
In this episode, Daniel Brock delves into the legal and political uncertainty related to Prime Minister Justin Trudeau’s decision to prorogue the federal parliament at a critical time for Canada. The move has sparked some criticism, particularly given the potential crisis posed by the Trump administration 2.0. The episode also explores the legal and constitutional challenges to prorogation, highlighting a federal court case initiated by two Canadians from Nova Scotia aiming to overturn the decision. Daniel is joined by Claudia Feldkamp and Alex Steinhouse, senior counsel at Fasken Government Relations and Political Law team, who provide insights into the intricacies of prorogation and discuss their recent bulletins on the topic.
Visit Fasken's Canada-Trump Administration 2.0 page for in-depth insight and analysis.
In this episode, Daniel Brock discusses Prime Minister Justin Trudeau’s announcement to resign and the subsequent race to replace him as the Liberal leader. The episode delves into the political uncertainty created by Trudeau’s decision to prorogue the federal parliament at a critical time for Canada. The move has sparked criticism, particularly given the potential crisis posed by the Trump administration 2.0. The episode also explores the legal and constitutional challenges to prorogation, highlighting a federal court case initiated by two Canadians from Nova Scotia aiming to overturn the decision. Daniel is joined by Claudia Feldkamp and Alex Steinhouse, senior counsel at Fasken Government Relations and Political Law team, who provide insights into the intricacies of prorogation and discuss their recent bulletins on the topic.
Our immigration lawyers, Stephanie Heinsohn-Spiropoulos and Daniel Lee, discuss the recent immigration measures announced by the federal government and how they will impact Canadian businesses.
Daphney Willem and Lesley Morphet discuss the Competition Commission’s requirements for employee share ownership plans (ESOPs) in merger cases, and how they align with the Broad-Based Black Economic Empowerment (B-BBEE) codes.
Our business and human rights colleagues, Claudia Feldkamp and Brian Burkett, explore the critical intersection of business and human rights in a compelling podcast episode, focusing on forced labour and child labour within economic globalisation. In a timely and insightful discussion relating to corporate human rights behaviour in today’s world, they explore recent developments, international trends and the Canadian experience of the corporate response to the changing legislative and regulatory environment.
Fasken’s South Africa Product Liability team provides valuable insights on consumer rights and the necessary steps for filing complaints in terms of the Consumer Protection Act. This information is especially relevant to businesses dealing with consumer complaints. The team discusses the various dispute resolution bodies outlined in the Consumer Protection Act and the circumstances in which the respective bodies can be approached businesses should understand the complexities of product liability issues and recalls in order to navigate consumer complaints and recalls effectively.
Fasken Product Liability specialists in the Litigation & Dispute Resolution Group from the South African office share valuable insights in this next episode focusing on product recalls and recourses. This episode is beneficial for organisations interested in the legal aspects of product recalls and seeking guidance on how to address such issues.
Fasken Product Liability specialists in the Life Sciences Industry Group from the South African office share valuable insights in this introductory podcast on the lay of the land of product liability and product recalls.
Fasken Competition, Marketing & Foreign Investment team members partner Lesley Morphet, partner Veronica Cadman and senior associate Palesa Mpe share personal insights for Women’s Month in South Africa.
In this new episode of Perspectives, Antoine Aylwin and Iara Griffith, lawyers in the Privacy and Cybersecurity Law group, discuss the new provisions brought to the Charter of the French language by Bill 96 and their impact on the business community.
One year after the amendments to the Charter came into force, Antoine and Iara report on the new provisions applicable as of June 1, 2023. They present the highlights of Bill 96 and discuss the changes it implies for companies in Quebec.
They discuss membership contracts and their exceptions, the consumer protection law as well as the legal advertising law, and they clarify everything that “administration” entails within the meaning of the Charter.
Fasken Labour and Employment practice group partners Daphney Willem and Owethu Mbambo chat on this podcast about romantic relationships in the workplace in South Africa this Valentine’s Day. They cover what the law says and doesn’t say about these relationships in the workplace, as well as share important considerations for employers on this topic.
Please join us to introduce https://www.fasken.com/en/christine-elliott (Christine Elliott), former Deputy Premier and Minister of Health in Ontario who has recently joined Fasken. As Ontario – and every other jurisdiction – tackles the task of understanding the lessons learned over the past two and one half years and the appropriate balance between continuity, innovation and change in our health care system, there are few in this country better positioned than Christine Elliott to help those in the health care, life sciences and technology sectors better understand the opportunities and potential pitfalls. In this Q & A, among other matters, Christine addresses her new position and how she plans to draw on her past experiences to help clients adapt to and be successful in Ontario’s evolving health care system.”
In this podcast episode dispute resolution partner https://www.fasken.com/en/jesicca-rajpal (Jesicca Rajpal) along side candidate attorney's Catherine Hendriks and Alice Letsoalo discuss governance risk in cyber crimes as it relates to the Cyber Crimes Act. In their conversation they address how cybersecurity also has an impact on organizations. In addition the team provide a brief overview of key elements of contracts with service providers who ensure the overall cybersecurity hygiene of your organization.
With the assent of Bill 96, An Act respecting French, the official and common language of Québec, https://prodcm9.fasken.com/en/antoine-aylwin (Antoine Aylwin) and https://prodcm9.fasken.com/en/iara-griffith (Iara Griffith) discuss the new Bill’s impact on the use of French in Quebec. In this episode of Perspectives, they review the main changes that will affect companies located in or doing business in Quebec in their day-to-day. They tackle the following themes: scope, the language of work, francization, the language of commerce, public signage, and finally, penalties and effective dates.
For more information, we invite you to consult our Resource Center and our Annotated Charter of the French Language as amended by the Bill; this will help you identify the changes and the various effective dates. Take our test now and get an idea of your company’s compliance with the changes.
In this podcast episode pension law partner https://www.fasken.com/en/rosemary-hunter (Rosemary Hunter) and Labour and Employment Law associate https://www.fasken.com/en/tshepo-mokoana (Tshepo Mokoana) discuss the Constitutional Court judgment, Municipal Employees Pension Fund and another v Dineo Mongwaketse and another, handed down on 14 March 2022. In their conversation they discuss the Constitutional Court’s ruling, its impact and the finding that pension contributions of a person who was erroneously enrolled as a member of the pension fund must be refunded with interest. In addition the team discusses the finding that you do not need to have been a member, beneficiary, participating employer or board of a fund in order to be a ‘complainant’ as defined in section 1 of the Pension Funds Act (PFA).
Senior associates https://www.fasken.com/en/venolan-naidoo (Venolan Naidoo) and https://www.fasken.com/en/daphney-willem (Daphney Willem) sit down to chat together in this podcast recording titled “Can an employee be dismissed by an AI system?”. They discuss the role played by AI systems in the selection of candidates employment and the possible dismissal of employees. This is often quite a big challenge for organisations, especially with the rapid advancement of technology, and so they approach the subject in a practical manner by examining this topic through the lens of POPIA, as well as looking at the dynamics around employers and employees, and the impact of technology in the workplace. Venolan sheds some light on what employers need to consider when implementing 3rd party AI applications.
The commissioning of statements or affidavits is an imperative process that has been done in a particular manner over decades. However, the onset of the COVID-19 pandemic and lockdown regulations forced the world to find new ways of doing things. South African courts have followed suit by ruling that there is an acceptable alternative way of commissioning affidavits from the norm, and this is virtual commissioning. The team unpack the rules that govern the commissioning of affidavits, they look at recent judgments on virtual commissioning of affidavits, and whether this will be beneficial or not, and the risks and pitfalls.
Fasken Associates in the Johannesburg office Dispute Resolution & Litigation practice group https://www.fasken.com/en/emma-alimohammadi (Emma Alimohammadi) and https://www.fasken.com/en/andricia-hinckemann (Andricia Hinckemann) examine the damages as a result of a breach in terms of the Protection of Personal Information Act 4 of 2013 (otherwise known as POPI or POPIA). Section 22 of POPI, deals with a responsible parties obligation to notify data subjects of security compromises and may also result in civil action to be taken against the responsible party. An example of non-compliance with this section may include instances where an unauthorised person accesses or acquires the personal information of a data subject and the responsible party fails to notify the data subject and Information Regulator. Emma and Andricia discuss this specific section of POPIA in this episode of Fasken Perspectives.
Fasken Senior Associates in the Johannesburg office Labour & Employment Law https://www.fasken.com/en/daphney-willem (Daphney Willem) and https://www.fasken.com/en/venolan-naidoo (Venolan Naidoo) delve into the world of artificial intelligence, the impact of the 4th Industrial Revolution and the possible impact of the Protection of Personal Information Act (POPIA) on workforce technology usage. This includes from chatbots that attend to general queries; systems that train or coach individuals on best sales/marketing techniques; or biometric technology, automation of administratively repetitive tasks; cyber security or fraud detection; or robotic process automation in the healthcare, manufacturing, and logistics industries. These are already part of the changes employers are implementing as workplaces move further forward into the 4th Industrial Revolution.