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CHER Committee Report

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CHAPTER TWO: CREATORS

We need creators. We need them because it is the creators - more than anyone - who shape our cultural identity and give us our sense of who we are and where we belong.

By virtue of their inspirational and intuitive nature, creators frequently challenge the status quo and are often at the cutting edge of social change. Indeed, our creative and performing artists are the very foundation of our cultural enterprises and the source of Canadian cultural content. Without their commitment to their talent and their craft our cultural industries and institutions would be dominated by foreign voices and perspectives.

Pierre-Marc Johnson, the former Québec Premier, now Président, Regroupement des événements majeurs internationaux, underlined this notion for the Committee at a round table discussion in Montreal in February 1999:

Cultural creation and production are, first and foremost, done by individuals. I am deeply convinced that there is no creation of cultural productions without people, whether [they be] authors, composers, dancers, painters or performers. The force behind creation is the people. That is why the community and the state have developed a series of means to defend creation.1

The Canadian Conference of the Arts reminded the Committee that in consideration of their important contributions to our cultural life, Canadian artists deserve support:

One of the key objectives of a federal cultural policy must be to sustain a strong domestic base of creators, artists and entrepreneurs engaged in the development and promotion of Canadian cultural expression.2

In Support of Canadian Creativity

The on-going story of creative expression and artistic achievement in Canada is a rich one and it is filled with people with a unique vision and remarkable talent, such as the innovative pianist Glenn Gould, who helped change the relationship between musicians and audiences through his approach to the recording process. Michel Tremblay demonstrated that popular and award-winning playwrights can also be popular and award-winning novelists.

No matter what the art form, artists apply creativity to the familiar and to the unknown. What they produce is viewed in the light of past traditions and current tastes, but frequently their work reflects neither. Cultural policy is most effective when there is the flexibility to respond to changing circumstances. Indeed, as Iain Phillips, a Mohawk elder, suggested to the Committee, even in areas of traditional expression, "[i]t is inevitable that new forms of cultural expression will be developed."3

Over the 40 years of its existence, the Canada Council for the Arts has become so much a part of our cultural landscape that few Canadians realize just how different the Canadian scene was in 1950. Cultural historian Rosemary Sullivan paints a picture of how difficult it was to make a living in the arts in Canada in the early 1950s.

In the 1950s if you . . . wanted to write, the best solution was to get the heck out of Canada. Many did: Mavis Gallant and Mordecai Richler went into self-imposed exile in France and England, Sinclair Ross went to Spain. Margaret Laurence lived outside of Canada for ten years. Why? Because there was no cultural fabric to support writers; there was only. . . indifference on the part of a public. . .taught to believe there was no culture. . .[in Canada]. Writing was something done by Americans and Europeans, preferably dead Americans and Europeans.4

Carol Shields, one of Canada's distinguished novelists, spoke about a time in the recent past when getting a work published in Canada was exceptional.

There's a statistic I'd like to quote to show how this flowering came soon after the founding of the Canada Council. In the year 1960 there were five novels [in English] published in Canada. That was considered a bumper crop. A year ago, there were five Canadian novels published in London in one week. This is the distance we've gone. Our writers are now recognized internationally.5

Against this backdrop the federal government entered the fine and performing arts scene in Canada through the creation of an arms-length agency - the Canada Council for the Arts. The work done by the Massey-Levésque Commission in investigating the Canadian arts and cultural scene prepared the way. However, the recommendation to establish the Council on the scale imagined by the Commission required a great deal of start-up money. The account of how the money was found combines creative problem-solving and happy co-incidence.

One morning in Ottawa in 1956, J. W. Pickersgill, one of the most prominent federal public officials at the time, who had been trying to make the Council a reality, was walking to work when he met John Deutsch, secretary to the Treasury Board. Deutsch began talking about what to do about the government's sudden windfall of succession duties amounting to $100 million from the estates of two prominent millionaires who had died the year before. Izaak Walton Killam and Sir James Hamet Dunn had been highly successful industrialists and investors. Pickersgill suggested that the government provide $50 million to meet some of the capital needs of Canada's universities and another $50 million to provide an endowment for the Canada Council for the Arts.6 Deutsch passed on the idea and soon the Council received the money.

This imaginative approach to policy development appears as a recurring theme in the history of the federal government's support of the arts and culture. It speaks to real needs, it is responsive to community interests, and it avoids any hint of direct involvement by the federal government in cultural expression.

Today, the same elements - government leadership, creative problem-solving and a blend of commercial sponsorships, donations and direct government funding - are part of the mix used to support culture in Canada. What is different today, however, is the scale and vibrancy of the cultural sector. It would be overstating the case to suggest that Canadian artistic achievement flourished only after, or simply because of the influence of the Massey-Lévesque Commission and the establishment of the Canada Council for the Arts. Such a suggestion would be a disservice to the many pioneering Canadians who, through their inventiveness and dedication, managed to carve out careers for themselves without government support of any kind. However, the fact remains that since 1957 the federal government's contribution to the arts has been enormous.

Since its inception, the Canada Council for the Arts has sponsored the work of thousands of Canadian writers and artists, many of whom are now world-famous. Each year more names are added to that list of celebrated Canadian artists who are honoured internationally, as well as by Canadians across the country. Today, Canada's artistic community is truly national in character with writers, composers, musicians, film-makers, artists and performers working in all parts of the land. Their achievements and success attest to the high quality of their work in Canada and abroad. The Committee considers it essential to maintain the existing vitality of Canadian creators. With this objective in mind, the Committee set about its task of considering the appropriate role for the federal government in support of the arts and Canadian culture in the years to come.

During its deliberations, the Committee heard from individual creators, representatives of the major federal arts agencies and arts service organizations.7 These witnesses painted a picture of a vigorous, healthy and decidedly mature cultural sector. Indeed, if there is a single image of the Canadian cultural community, it is one of maturity.

Ottawa based researcher Terry Cheney cited some interesting statistics relating to the contemporary cultural workforce:

What are some of the distinctive features of the culture labour force? As you may have heard, it is in fact surprisingly large. Even if you define it fairly narrowly it's about 1.5% of the labour force, which is probably still bigger than the famous fishing, mining, and forestry activities.8

It is difficult to compare cultural statistics because the criteria for reporting information over the years have not been consistent. Different definitions have been used and often include activities such as sports and recreation. Nonetheless, using a narrow definition of "artist," Statistics Canada data show that, in 1994 (the most recent year for which complete comparative data are available), the sector represented close to 700,000 jobs and contributed almost $22 billion to the Canadian economy. The cultural sector also represented 5.2% of the Canadian labour force (see Table 2.1).

Table 2.1
Canadian Labour Force by Selected Industries (1994)9





The Committee agrees with the witnesses who pointed to the maturity of Canada's cultural sector. While the sector may be mature, the income levels of individual creators working in the sector do not always reflect this maturity. For example, a 1993 labour force survey conducted by Statistics Canada shows that some Canadian creative artists (e.g., painters and writers) have earned incomes that are substantially less (between 25% to 50%) than other jobs within the cultural sector.10

Grants to Individual Creators

Most creators underwrite the creation of their own poetry, paintings, sculpture, screen plays and other works of art, and do so over extended periods of time. Heather Redfern of Edmonton's Catalyst Theatre outlined the case:

The largest subsidizers of the arts in this country are artists and art workers (themselves) because of the low wages they receive for the work they do [and] because of the huge amount of volunteer work they have to do just to keep their companies afloat.11

Some works take years to produce. The Committee is aware of the limited amounts of short-term funding available through the Canada Council for the Arts that can be used to support an artist's income. From the Committee's standpoint, investing in the arts is no less important than investing in the social sciences, humanities, the pure sciences or medicine. The Committee is also aware of the long-term commitments made to researchers and scholars by other federal government agencies and looks for a similar level of commitment to Canadian artists.

While some attention has been paid over time to support the income of creators, the existing measures can at best be described as modest. The Canada Council for the Arts provides modest grants to individual artists usually on a one-time basis.12 Support for writers is provided through short-term grants, with the maximum value being $20,000. These grants are intended "to offset subsistence costs" and are available for a maximum period of one year.13 This is in sharp contrast to some academic research grants offered by Canada's research councils, which provide substantive support over a number of years. A researcher who is awarded a Killam Research Fellowship, for example, can receive more than $50,000 per year for more than one year. "The Council expects the Research Fellow to continue receiving full salary during tenure of the fellowship."14

The Committee feels that support to individual creators should be increased. If Canada's leading Research Councils - notably the Social Sciences and Humanities Research Council, the Medical Research Council and the Natural Sciences and Engineering Research Council - see the need to provide substantial assistance to researchers, there is ample justification to support Canada's creative communities in much the same way. As was acknowledged earlier, the Canada Council for the Arts already administers a program to support deserving individuals. However, it does not approach the scale of scholarship funding and the other support programs administered by the Research Councils. The Committee supports the policies exercised by the various Research Councils and recognizes the need to provide university researchers with substantial financial support paid over extended periods of time. However, the Committee also contends that individual Canadian creators are just as deserving and their financial need is just as great. Therefore, individual creators deserve levels of financial support comparable to those now available to academic researchers.

The Committee recognizes the need to support university researchers for extended periods, but many creators who came to talk with the Committee expressed unease about the lack of support for individual creators, even as they expressed thanks for the modest sums available.

The Committee recognizes that providing substantial financial support to individual artists and creators is complicated and that many aspects of existing policies were decided upon many years ago. However, this is of such importance that the Committee makes the following recommendations.

Recommendation 1

The Committee recommends that:

1.1 The Canada Council for the Arts, as the main source of federal government support for creators, continue to provide grants to creators that enable them to devote themselves full-time to a creative project. The Government of Canada should encourage long-term and sustainable support to creators.

1.2 The additional resources required by the Canada Council for the Arts to implement Recommendation 1.1 should be provided.

1.3 The Department of Canadian Heritage, in partnership with the Canada Council for the Arts, develop a plan to secure the funding proposed in Recommendation 1.2 and report back to this Committee within one year of the tabling of this report.

Along with the direct support recommended above, it is necessary to recognize that an important source of support to creators comes through the work of Canada's cultural agencies, such as the National Film Board of Canada and the Canadian Broadcasting Corporation. The Committee learned from senior officials of the Canada Council for the Arts that a number of new initiatives are being pursued.15 The Committee was apprised of the Council's new funding priorities and supports the federal government's provision of a $25 million annual increase to the Canada Council for the Arts over a period of five years beginning in 1997-98. This will allow the Council to strengthen its basic programs in support of creators as well as to establish new programs in support of important areas of activity - Aboriginal cultural development, cultural diversity, international initiatives and festivals. However, the Committee believes that more must be done in the realm of self-employment.

Self-Employment

Many creators, including writers, designers, craftspeople and musicians are self-employed. They are not unique in this respect. Using 1994 data provided by Statistics Canada, it can be seen that more than 18% of the Canadian labour force, compared to 12% in the United States, is self-employed. Indeed, self-employment is the only category of employment that has shown steady growth over the past ten years. During the 1990s fully 80% of the growth in the Canadian labour force was in self-employment. In the United States during this same period, less than 10% of the growth in employment could be attributed to self-employment.16 These dramatic changes in employment patterns can be attributed largely to shifting demographic trends and structural changes in the Canadian economy.

The growth in the numbers of self-employed persons across Canada poses major challenges for the country's social safety net, and raises important legal, health, insurance and taxation questions. The Canadian system of health insurance, unemployment insurance, labour law and pension programs is based largely on the assumption that most of the work force is made up of employees rather than self-employed persons. Although many of these issues have been raised by those concerned with the status of the artist, the issues themselves touch the lives of a large proportion of Canada's labour force.

While the Committee's particular concern is for Canada's cultural life, it also recognizes that all Canadians must deal with these major shifts in Canadian employment patterns. The Committee therefore considers the clarification of the rights and obligations of the self-employed to be of central importance.

Self-employment is a complex issue involving the federal and provincial governments. The Committee is aware that important work is currently being done by the Canadian Policy Research Network that relates to the topic of changing employment relationships in Canada. That being said, the Committee believes there should be additional initiatives.

Recommendation 2

The Committee recommends that:

2.1 The Department of Canadian Heritage ensure ongoing federal initiatives examining issues of self-employment include the interests of self-employed artists and creators.

2.2 The Minister of Canadian Heritage appoint a task force to review self-employment issues in the cultural sector. The task force should include representatives from the Department of Revenue, the Department of Finance, and the Department of Human Resources Development Canada, and should report its recommendations within one year.

Today, Canadian creators can take some comfort in the knowledge that a solid framework exists to encourage and support their artistic and cultural endeavours. It is not by any means a perfect framework, but it has proved to be effective in supporting the efforts of thousands of creators. The Committee is dedicated to the principle of strengthening and building further on that framework. Of course, the environment in which creators work can also be improved. The Committee is aware that the income levels of Canadian creators - especially writers and visual artists - are often lower than others who work in the cultural sector.17 It is not the government's function to determine which creative endeavor is more valuable than another, but in the Committee's view, the striking discrepancies between income levels across the various cultural disciplines warrants study and appropriate action. Another area requiring action is the opportunities for creators presented by new technologies.

New Technologies - New Challenges

The convergence of new technologies - including computer and digital technologies, the Internet, cable and satellite communications systems, compressed digital broadcasting and fiber-optics - has the potential to reshape traditional relationships between creators and their audiences. It is difficult to keep up with these changes. In the past, there has been an impulse to devise regulatory regimes to control the use of such technologies. Governments face a challenge in this respect because they are not organized to accommodate rapid change. Delays are often costly. For example, it took the federal government nearly ten years to get from Phase I to Phase II in amending Canada's copyright legislation.

The Committee received interesting but conflicting testimony with respect to the role of new technologies on creative activity. One witness testified that technology has no impact at all - at least in his area. "New technology was part of us when we quit banging bones together." 18 Another witness testified that new technologies have a powerful impact on the creative process. "Our role has changed with the arrival of new technology. We no longer just store paper; we store information, no matter what medium it is on."19 Still another witness suggested that new technologies are vehicles of opportunity:

Where technology has really changed our industry is in the technology to make books. That means the ability to typeset and to scan certain things so you can make books cheaper than we used to do by comparison. We can make books in two weeks or two days actually, if we really need to. So the technology has worked . . . to upgrade the ability of the publishing industry to bring forward the books.20

Canadians have always been exposed to, and have had to deal with, new technological developments. The present generation is not the first. When Sir Wilfrid Laurier was Prime Minister, the "new" technologies of the day were telephony, cinema and sound recording on wax cylinders. Similarly, during Sir Robert Borden's term, the dominant new technology was radio.

It is essential that the Government of Canada have the capability to respond in a timely fashion. This requires planning to ensure that the people who are needed are in place, that there is an adequate information base to deal with developments promptly, and that all of the relevant policy options have been considered.

Robert Lepage

Robert Lepage is a remarkable example of an innovative Canadian creator who has become one of the most sought after theatre artists on the international scene. Lepage specialized in collective creation, a way of devising and presenting plays with an ensemble of theatre artists. His productions cross the traditional boundaries of theatre, dance and performance arts. Lepage works closely with actors, designers, choreographers and musicians. Together, they create works of art grounded in the rich cultural traditions of theatre, dance and cinema

In addition to ground-breaking productions such as The Dragon's Trilogy, Tectonic Plates, and The Seven Streams of the River Ota, Lepage has also directed opera for the Canadian Opera Company, and is responsible for some innovative feature films such as Le Confessional, Le Polygraphe, and Nô.

Lepage and his artistic collaborators continue to create new forms of public presentation which embrace new technologies. During a 1997 workshop for theatre artists in Toronto, Lepage said:

We're dealing with an audience today that has a very sophisticated narrative vocabulary. I'm not saying that we have to become more cinematic or more "televisual," but we have to find a way to invite that audience into the theatre. Film was supposed to have killed theatre, but it liberated it. Every time there is a technological revolution, it gives an artist reason to hope.21

Protecting Creators in the Information Society

When Canadians think of cultural objects, they often think in terms of specific items such as books, films, sheet music, sound recordings and paintings. By applying digital technology to such media, traditional cultural objects now have an electronic dimension. This means that they can now be easily copied and sent anywhere in the world. This makes it very difficult for artists and other creators of cultural products to protect their works.

As one of the discussion papers sent to the Committee observed:

[T]he technological changes that are now taking place are even more profound than those we have faced in the past. One key change has been the global adoption of what amounts to a common, universal computer language, which allows for the seamless transmission of "bits" to and from anywhere in the world.22

Some believe one of the keys to the economic wealth of nations in this new era will be the ability to exercise the legal rights provided under the Copyright Act.23 The Committee agrees. At a round table discussion Eddie Bayens, a musician, expressed his view of legislation designed to protect performers:

The performer's slice of that revenue. . . needs to be protected in the performer's rights, in neighbouring rights, in copyright and also in digital retrieval rights. 24

As important as it is to protect performers, it is equally important to provide all creators with the rights to control the digital exploitation of their materials. When the writer John Gray appeared before the Committee he noted that: ``what is really necessary is a combination of national action and international agreements.''25

While support from the Department of Canadian Heritage is available to publishers for the production of printed and bound books, comparatively speaking, little is available for the development of electronic cultural products. Similarly, as will be seen in Chapter Five, museums, archives and libraries need resources to digitize their collections. With these considerations in mind, the Committee makes the following recommendations:26

Recommendation 3

The Committee recommends that:

3.1 Existing federal programs should also support the creation of traditional cultural materials (books, music, films, and images) in electronic formats. In addition, the Department of Canadian Heritage, in consultation with the Department of Industry and the Department of Finance, should encourage investment in enterprises that market and sell access to these products; and

3.2 The Minister of Canadian Heritage, in consultation with the Ministers of Industry and Finance, develop a strategy that implements Recommendation 3.1.

Intellectual Property and Copyright Law Reform

Intellectual property protection is provided by five federal statutes: the Copyright Act, the Patent Act, the Trade-Marks Act, the Industrial Design Act, and the Integrated Circuit Topography Act. One of the most important of these statutes for creators is the Copyright Act. Technological innovations have, in part, prompted on-going amendments to the Copyright Act. One element of this process is implementing the obligations in the World Intellectual Property Organization's (WIPO) two new treaties: the Copyright Treaty and the Performers and Phonograms Treaty.

These treaties were negotiated as an international response to the challenges of digital technologies, particularly the Internet. They represent a new set of international rules for the use and protection of digital materials and are drafted to create, in those countries joining them, a legal framework which fosters the orderly development of the international exchange of digital materials.

In December 1997, Canada signed the two treaties. Under Canadian law, the fact that a treaty has been "signed" does not make the treaty law in Canada. National laws must be enacted, or amended, to reflect the obligations undertaken in the treaty.27

Recommendation 4

Legislation implementing the two World Intellectual Property Organization (WIPO) Treaties should be introduced by the government and enacted by Parliament as soon as possible.

Recommendation 5

The Government of Canada should take appropriate measures to ensure that amendments to the Copyright Act keep pace with technological change.

Status of the Artist

Copyright is one federal law designed to provide creators with legal rights entitling them to compensation for the use of their creations and to protect against unauthorized use and exploitation of their work. Another federal law that recognizes the contribution of creators is the Status of the Artist Act. The Committee endorses the principles set out in sections 2 and 3, reprinted below, of this legislation:

2. The Government of Canada hereby recognizes:

(a) the importance of the contribution of artists to the cultural, social, economic and political enrichment of Canada;

(b) the importance to Canadian society of conferring on artists a status that reflects their primary role in developing and enhancing Canada's artistic and cultural life, and in sustaining Canada's quality of life;

(c) the role of the artist, in particular to express the diverse nature of the Canadian way of life and the individual and collective aspirations of Canadians;

(d) that artistic creativity is the engine for the growth and prosperity of dynamic cultural industries in Canada; and

(e) the importance to artists that they be compensated for the use of their works including the public lending of them.

Policy Statement

3. Canada's policy on the professional status of the artist, as implemented by the Minister of Communications is based on the following rights:

(a) the right of artists and producers to freedom of association and expression;

(b) the right of associations representing artists to be recognized in law and to promote the professional and socio-economic interests of their members; and

(c) the right of artists to have access to advisory forums in which they may express their views on their status and on any other questions concerning them.28

In its presentation to the Committee, the Canadian Conference of the Arts made the following observation:

Since passage of the federal legislation, no other status of the artist initiatives have come to fruition at either the federal or provincial level. As a result, the conflicts between government policies and programs over such fundamental issues as taxation, training, and professional development, and access to programs such as Employment Insurance, have become more challenging and unresponsive to self-employed artists and cultural workers.29

The Committee is convinced that it will be difficult to make improvements to the status of Canadian artists without the cooperation and participation of provincial governments. Existing federal status of the artist legislation will fulfil its purposes only if it is accompanied by complementary provincial legislation. Therefore:

Recommendation 6

The Committee recommends that the Department of Canadian Heritage invite its counterparts in provincial governments to put in place complementary legislation relating to the status of the artist.

This chapter began by saying that "we need creators." The Government of Canada needs to support, recognize and value them.


1 Pierre-Marc Johnson, Président, Regroupement des événements majeurs internationaux, Montreal Round Table, February 25, 1999.

2 Canadian Conference of the Arts, Working Group on Cultural Policy for the 21st Century, presented to the Standing Committee on Canadian Heritage (hereinafter, "The Committee"), p. 16.

3 Iain Phillips, Witness presentation to the Committee, April 22, 1999.

4 Rosemary Sullivan, Perspectives on Canadian Cultural Policies, lecture, Ottawa, March 20, 1997.

5 Carol Shields, Author, Ottawa Round Table on the Arts, March 10, 1998.

6 Paul Litt, The Muses, the Masses and the Massey Commission, University of Toronto Press, Toronto, 1992, p. 241-242.

7 See Appendix 3 for the complete list.

8 Terry Cheney, Witness presentation to the Committee, February 10, 1998.

9 Statistics Canada. The Health and Vitality of the Culture Sector in British Columbia. Education, Culture and Tourism Division. 1997: 166.

10 See Appendix 2, Table A-2.

11 Heather Redfern, Catalyst Theatre, Edmonton Round Table, February 24, 1999.

12 The 41st Annual Report of the Canada Council for the Arts, reports that in 1997-1998 the Canada Council for the Arts made 4,593 grants to artists and arts organizations. A total of $17,349,000 was paid in grants to professional artists and $76,273,000 to arts organizations.

13 Program information from Canada Council for the Arts Internet site, <http://www.canadacouncil.ca/>.

14 Program information from Canada Council for the Arts Internet site, <http://www.canadacouncil.ca/prizes/ killam/broch-e.htm>. In 1998, nine new Killam Research Fellows were announced.

15 Canada Council for the Arts, Brief to the Committee.

16 D. Sunter, "Canada-US Labour Market Comparison," Canadian Economic Observer, Statistics Canada, December 1998.

17 See Appendix 2, Tables A-2, A-3, and A-4.

18 Eddie Bayens, Musician, Ottawa Round Table on the Arts, March 10, 1998.

19 Diane Charland, President, Canadian Council of Archives, Ottawa Round Table on the Heritage, March 10, 1998.

20 Jack Stoddart, Publisher, Ottawa Round Table on Publishing, March 10, 1998.

21 Robert Lepage quoted by Richard Ouzounian in "Theatre: Canada's most renowned stage talent refuses to be a prisoner of convention," The Globe and Mail, August 12, 1997.

22 Stentor, Discussion Paper submitted to the Committee, April 1998, p. 39.

23 Charles C. Mann, "Who will own your next good idea?," Atlantic Monthly, September 1998.

24 Eddie Bayens, Musician, Ottawa Round Table on the Arts, March 10, 1998.

25 John Gray, Author, expert witness, February 12, 1998.

26 Related issues of preservation are dealt with in recommendations in Chapter Five.

27 Publishers, private and public broadcasters, writers and the Canadian Conference of the Arts addressed copyright issues before the Committee.

28 Status of the Artist Act, R.S.C. 1995, c.19.6, sections 2 and 3.

29 Canadian Conference of the Arts, Working Group on Cultural Policy for the 21st Century, presented to the Standing Committee, p. 19.