The legal future of TikTok in Canada and the US

By : Gabriella Rodrigues | VP of Research

Before the ban:

On April 24th, U.S. President Joe Biden signed a bill that would effectively ban TikTok unless its parent company, ByteDance, sold the app to an American entity. The legislation provided a nine-month window for ByteDance to divest its ownership of the app. However, with ByteDance showing no intention to sell, TikTok will officially be banned in the United States starting January 19th. The ban places significant accountability on tech giants such as Apple and Google, warning them that their app stores could face penalties if they continue to offer TikTok for download.

The Canadian government has followed a similar trajectory. On November 6, 2024, Canada passed a law requiring the closure of TikTok’s offices in Toronto and Vancouver, citing growing concerns about the privacy of Canadian citizens (Innovation, Science and Economic Development Canada). This decision aligns with measures taken earlier on February 28, 2023, when Parliament removed TikTok from government-issued devices due to security concerns (Treasury Board of Canada Secretariat).

As TikTok faces bans and legal challenges in both countries, the role of appellate courts and supreme courts in determining the legality of such legislation has taken center stage. TikTok has announced plans to challenge the closure of its Canadian offices, arguing that this action infringes on the company’s right to free expression. In the U.S., President Donald Trump has requested the Supreme Court to extend the time needed to decide on the ban from January 19th (Barnes). Donald Trump will begin his presidency on January 20th, potentially leading him to have more influence on whether the ban will take effect if the time is extended. The Court is set to hear arguments on January 10th, just nine days before the app’s removal is slated to begin.

This development once again underscores the relationship between U.S. and Canadian legislative trends. Historically, U.S. policies have exerted a strong influence on Canadian law. For example, strong American copyright protection laws have created similar reforms in Canadian intellectual property laws. 

Canadian courts use persuasive precedent and look to other common law jurisdictions’ legal decisions to influence their own decisions. Whatever the Supreme Court decides could be referenced if Canada attempts to ban TikTok and the ban is challenged in court. The Canadian response to the U.S. TikTok ban demonstrates this dynamic and could have been related to the US bill signed into law in April.

Whether Canada will impose a complete ban on TikTok remains unknown. While Canada hasn’t taken the drastic measures seen in the U.S., further actions could be taken if the app is deemed a national security threat. To enforce a full ban, Canada could invoke Section 33 of the Charter of Rights and Freedoms, the notwithstanding clause, which would allow the government to enact legislation even if it conflicts with constitutional rights. 

The TikTok controversy highlights the implications of balancing technological innovation, national security, and individual freedoms. As courts prepare to weigh in on these matters, the outcomes will not only shape TikTok’s future in North America but also set legal precedents for how other governments will regulate digital platforms globally.

After the ban:

In an unprecedented move, the Supreme Court of America allowed the ban to go through despite challenges to free expression. On January 19, 2025, TikTok was banned for a total of 14 hours. In one of his first presidential moves, President Donald Trump used his executive authority to block the ban and extend the use of TikTok for 75 days.

The suspension of the ban is relying on ByteDance selling TikTok company to an American company. Whether or not this will happen is unclear. 

Works Cited

Barnes, Daniel. “Trump urges Supreme Court to hit pause on a law that could ban TikTok in the U.S. next month.” NBC News, 27 December 2024, https://www.nbcnews.com/politics/donald-trump/trump-urges-supreme-court-hit-pause-law-ban-tiktok-us-month-rcna185606. Accessed 2 January 2025.

Innovation, Science and Economic Development Canada. “Government of Canada orders the wind up of TikTok Technology Canada, Inc. following a national security review under the Investment Canada Act.” Canada.ca, 6 November 2024, https://www.canada.ca/en/innovation-science-economic-development/news/2024/11/government-of-canada-orders-the-wind-up-of-tiktok-technology-canada-inc-following-a-national-security-review-under-the-investment-canada-act.html. Accessed 2 January 2025.

Treasury Board of Canada Secretariat. “Statement by Minister Fortier announcing a ban on the use of TikTok on government mobile devices.” Government of Canada, 2023, https://www.canada.ca/en/treasury-board-secretariat/news/2023/02/statement-by-minister-fortier-announcing-a-ban-on-the-use-of-tiktok-on-government-mobile-devices.html. Accessed 2 January 2025.