Committee
Consult the user guide
For assistance, please contact us
Consult the user guide
For assistance, please contact us
Add search criteria
Results: 1 - 15 of 313
View David Lametti Profile
Lib. (QC)
Thank you very much, Mr. Chair. Good afternoon.
I wish to acknowledge that I'm speaking to you today from Ottawa on the traditional territory of the Algonquin people.
Thank you, Mr. Chair, for the invitation to appear before you to discuss the charter statement that was tabled for Bill C-10, as well as the explanatory document requested for the proposed amendments now before the committee.
As you can see, I'm appearing alongside Minister Guilbeault, who is the minister responsible for Bill C-10. I am accompanied by officials from my department.
I want to begin by discussing the duty I have under the law, as Minister of Justice, to prepare statements regarding the Canadian Charter of Rights and Freedoms for government bills introduced in the House of Commons.
I will discuss the purpose of charter statements and provide the context, including their history. I will explain what charter statements are meant to do and not do.
I will also gladly speak to the charter statement tabled in relation to Bill C-10, as well as the explanatory document provided to the committee concerning the potential effects of the proposed amendments on freedom of expression.
I should note at the outset that it is not my role as Minister of Justice and Attorney General to give legal advice to parliamentary committees. You have access to your own legal counsel and independent witnesses.
As you are aware, however, I do have obligations under the Department of Justice Act in terms of reviewing proposed government bills for inconsistency with the charter and preparing charter statements for government bills. This obligation was created by our government to be open and transparent with Canadians about the charter considerations of our legislation.
These two sets of obligations—examining bills and preparing charter statements—are both focused on the bill as tabled.
Section 4.2 of the Department of Justice Act requires the Minister of Justice to ensure that a charter statement is tabled in the House of Commons for every government bill. That obligation came into force in December 2019.
Examining bills for potential inconsistency with the charter, as set out in section 4.1, is one of my most important responsibilities. Rest assured that I also take very seriously the obligation to ensure charter statements are tabled in the House, as set out in section 4.2.
Now I will turn to the purpose of charter statements.
Charter statements are intended to inform parliamentary and public debate on a government bill. They foster transparency regarding the effects of a government bill on the fundamental values protected by the charter. They provide parliamentarians with additional information to further inform the important legislative debates they have on behalf of Canadians. Charter statements also provide Canadians with additional information to help them participate in these debates through their elected representatives.
The obligation to table charter statements is a testament to our government's commitment to respect and uphold the charter, as an integral part of the country's good governance.
We can never abdicate our responsibility as a government to ensure that our decisions—including those reflected in the reform of an act—respect our fundamental rights and freedoms. Section 4.2 of the Department of Justice Act strengthens the obligation this government and future governments have to respect this most basic of requirements.
I would like to take a few moments to explain the content of charter statements. In keeping with their purpose, charter statements are drafted at a high level. They set out in an accessible way the potential effects a bill may have on the rights and freedoms guaranteed by the charter. Charter statements also explain considerations that support the constitutionality of a bill.
In our discussion of the charter, it is also important to stress that, when Parliament legislates, it may have an effect on charter rights and freedoms. This may include limiting people's enjoyment or exercise when it is in the broader public interest to do so. This is entirely legitimate. The rights and freedoms guaranteed in the charter are not absolute, but rather subject to reasonable limits, as long as those limits can be demonstrably justified in a free and democratic society.
This means that, when identifying the potential effect of a bill that could limit a right or a freedom, it may also be necessary to consider whether the limit is reasonable and justified. A charter statement may therefore outline considerations relevant to the potential justifiability of a bill.
The fact that charter rights and freedoms can be limited, however, is not a licence to violate them. Rather, it is a reminder that any legislative limits to rights and freedoms must be carefully considered in the context of the shared values of Canada's unique, free and democratic society.
As parliamentarians, it is our responsibility to discuss and debate potential effects on charter guarantees. We exercise our judgment on behalf of Canadians as to whether proposed legislation strikes the right balance between rights and freedoms and the broader public interest. Charter statements are one more source of information to add to our deliberations.
I would also like to take a moment to explain what a charter statement is not.
A charter statement is not a legal opinion. It does not provide a comprehensive analysis of the constitutionality of a bill.
As I mentioned, a charter statement provides Parliament and the public with legal information relating to the possible effects of a bill on the rights guaranteed by the charter and to the considerations that support the consistency of the bill with the charter.
As we all know, bills often change when they are being considered by Parliament. A charter statement reflects the bill at the time it was introduced by the government in the House of Commons. Section 4.2 of the Department of Justice Act does not require that charter statements be updated as a bill progresses through Parliament.
Keeping that in mind, I will now turn to the proposed amendments to Bill C-10 in relation to social media, which are before the committee.
My fellow minister Mr. Guilbeault talked about the scope of the proposed amendments. He highlighted the key objectives underlying the amendments and discussed their intended effects on social media services and users.
In short, the proposed amendments are intended to empower the Canadian Radio-television and Telecommunications Commission to regulate a social media service in respect of programs uploaded by its unaffiliated users, strictly in relation to the following: payment of regulatory charges, such as to support the creation of Canadian programming; discoverability of Canadian creators; registration of the service; provision of information; and auditing of records.
In keeping with my obligations under the Department of Justice Act, I tabled a charter statement for Bill C-10 in the House of Commons on November 18, 2020. The charter statement for Bill C-10 identifies the rights and freedoms that may potentially be engaged by the bill, and relevant considerations that support the bill's consistency with the charter.
In considering the committee's recent discussions focusing on the impacts of the proposed amendments on social media, I understand there has been extensive debate on freedom of expression.
We have prepared and shared with you an explanatory document that examines the amendments, and discusses their potential effect on the right to freedom of expression in section 2(b) of the charter. I'm confident that these considerations support the charter consistency of the bill, and that they remain as outlined in the charter statement. It is our position that the bill, as tabled, and these proposed amendments are consistent with the charter.
As the charter statement indicates, the bill's regulatory requirements have the potential to engage freedom of expression in section 2(b) of the charter. The following considerations support the continued consistency of the proposed regulatory requirements of section 2(b).
By virtue of clause 1, which would remain in the bill, unaffiliated users of social media services would not be subject to broadcasting regulation in respect of the programs they post. What remains is an updating of the CRTC's regulatory powers, and providing it with new powers applicable to online service. The bill maintains the CRTC's role and flexibility at determining what, if any, regulatory requirements to impose on broadcasting undertakings.
Regarding the proposal to give the CRTC new limited powers to regulate an online undertaking that provides the social media service in respect of programs posted by unaffiliated users, the relevant charter considerations include the CRTC's discretionary role and flexibility.
The proposed narrowing of the CRTC's discretionary powers to regulate its social media service in respect of programs posted by unaffiliated users, to only discrete members that I have mentioned, is an additional consideration. The CRTC is subject to the charter, and must exercise any discretionary powers it has in a manner that is consistent with the charter.
The act states that it must be interpreted and applied in a manner consistent with freedom of expression. The CRTC's decisions on matters of law or jurisdiction are subject to review by the Federal Court of Appeal.
In my view, the relevant considerations that are set out in the charter statement remain valid. These considerations are not impacted by the proposed amendments.
Once again, thank you for the opportunity to address the committee today.
I am at your disposal to answer questions.
View Anthony Housefather Profile
Lib. (QC)
Mr. Minister, would you agree that the charter statement carefully considers that the CRTC, in making any regulations on the discoverability issue, including with respect to algorithms, would have to respect the charter, including section 2(b), as opposed to the social media companies themselves, which do not have to respect the charter in their use of algorithms?
View David Lametti Profile
Lib. (QC)
Both the charter statement and the explanatory document took into account all of the various changes that went into the act, and we have concluded that there wasn't a change to the original conclusion of the charter statement.
If you would like a more precise answer on the content of the actual act, I will turn the floor over to Minister Guilbeault, who is responsible for explaining and defending the bill.
Janet Yale
View Janet Yale Profile
Janet Yale
2021-05-17 14:35
Thank you, Mr. Chair.
Thank you all for the invitation to be here today. My panel colleague Pierre Trudel and I are very pleased to provide our perspective on Bill C-10.
We endorse the federal government's efforts to update the legislative framework governing the broadcasting system to include both media streaming services and sharing platforms. This approach is consistent with our report, which recognized the realities of a borderless online world in which Canadians will seek to access media content based on personal interest, irrespective of platform or technology.
Bill C-10 would ensure that these new online streaming services, including Netflix, Disney+ and Amazon Prime, as well as sharing platforms like YouTube, are required to make an appropriate contribution to Canadian cultural content. These online services derive significant revenues from Canadian audiences from both advertising and subscription revenues, yet face no obligation to contribute. To imagine that in 2021 we would permit these platforms to make money from Canadian audiences, Canadian consumers and Canadian creativity without any corresponding contribution defies logic, particularly when our system imposes obligations on traditional broadcasters that are now much smaller, less powerful and less prosperous.
In our report, we recommended, as a matter of competitive fairness, that online undertakings be included in updated broadcasting legislation. Our report also made it clear that these regulatory obligations should be restricted to the platforms—that is, if we use the language of the law, to undertakings. Individual creators should remain untouched by regulation, and that is exactly what Bill C-10 proposes.
Let me say it again: Bill C-10 imposes regulatory burdens and the obligation to contribute to Canada's creators only on the undertakings such as the big streaming and sharing platforms, not on individual creators.
I will put it another way. Programs consist of audio and audiovisual content. TV shows, songs, podcasts, postings and that programming—all those programs—exist beyond regulation and will remain beyond regulation. Individuals who create content, whether amateur or professional, and audiences large and small are not affected by Bill C-10 when they upload their programming, share it or even sell it to a streaming service. No one is going to police that content, tell them what they can say or compel them to pay dues.
What Bill C-10 does require—and, from my perspective, thank goodness we are finally taking this step—is that the undertakings—the YouTubes, Disney-pluses and Netflixes of the world that share that content and make money from distributing content—must operate by a set of rules and contribute some amount of the revenues they are harvesting from Canadians to the production of Canadian content.
Finally, to those who argue that Bill C-10 fails to protect user-generated content, we say that is just wrong. Proposed section 2.1 specifically provides that exemption already. New amendments that have been tabled make this exclusion even clearer. Therefore, to persist in creating this illusory scare against freedom of expression is either to misunderstand the legislation, in my view, or to intentionally seek to mislead people for some other purpose.
I will finish by saying this: Legislation, of course, is complex, and broadcasting policy and its regulation can be very technical. Devils do lurk in details, and that is why the scrutiny of this committee is so important. However, what's at stake here isn't hard to understand: We need to make provision for the reality of these immense and hugely powerful online platforms. We need to ensure that they give to, not just take from, Canadian creators and Canadian audiences. We need to update a broadcasting framework that was last amended before the world was even online. We need what is set out in Bill C-10, with all its provisions and all its protections. We urge the government to pass this legislation as quickly as possible.
Thank you.
Michael Geist
View Michael Geist Profile
Michael Geist
2021-05-17 14:39
Thank you very much, Mr. Chair.
As you know, my name is Michael Geist. I appear in a personal capacity, representing only my own views. I always start with that statement, but it feels particularly necessary in this instance, given the misinformation and conspiracy theories that some have floated and that Minister Guilbeault has disappointingly retweeted.
As I am sure you are aware, I have been quite critical of Bill C-10. I would like to reiterate that criticism of the bill is not criticism of public support for culture or of regulation of technology companies. I think public support for culture is needed, and I think there are ways to ensure money for creator programs this year and not in five years, as in this bill.
Further, I am puzzled and discouraged by the lack of interest in Bill C-11, which would move toward modernizing Canada’s privacy rules to help address concerns about how these companies collect and use our data. The bill would also mandate algorithmic transparency, which is much needed and far different from government-mandated algorithmic outcomes.
I’ll confine my opening remarks to the charter-related questions and widespread concerns about the regulation of user-generated content, but would welcome questions on any aspect of the bill.
There is simply no debating that following the removal of proposed section 4.1, the bill now applies to user-generated content, since all audiovisual content is treated as a program under the act. You have heard experts say that and department officials say that. The attempts to deflect from that simple reality by pointing to proposed section 2.1 to argue that users are not regulated is deceptive and does not speak to the issue of regulating the content of users.
I will speak to the freedom of expression implications in a moment, but I want to pause to note that no one, literally no other country, uses broadcast regulation to regulate user-generated content in this way. There are good reasons that all other countries reject this approach. It is not that they don’t love their creators and want to avoid regulating Internet companies; it is that regulating user-generated content in this manner is entirely unworkable, a risk to net neutrality and a threat to freedom of expression. For example, the European Union, which is not shy about regulation, distinguishes between streaming services such as Netflix and video-sharing services such as TikTok or YouTube, with no equivalent regulations such as those found in Bill C-10 for user-generated content.
From a charter perspective, the statement issued by the Department of Justice last week simply does not contain analysis or discussion about how the regulation of user-generated content as a program intersects with the charter. There is similarly no discussion about whether this might constitute a violation that could be justified, no discussion on the implications of deprioritizing speech, no discussion on the use of terms such as “social media service” that are not even defined in the bill, and no discussion of the implementation issues that could require Canadians to disclose personal location-based information in order to comply with the new, ill-defined requirements.
In my view, the prioritization or deprioritization of speech by the government through the CRTC necessarily implicates freedom of expression. The charter statement should have acknowledged this reality and grappled with the question of whether it is saved by section 1. I do not believe it is.
First, the bill as drafted, with section 4.1 in it, was the attempt to minimally impair those speech rights. With it removed, the bill no longer does so.
Second, the discoverability policy objective is not enough to save the impairment of free speech rights. There is no evidence that there is a discoverability problem with user-generated content.
Ms. Yale’s panel, which notably appears to have lost its unanimity, recommended discoverability but cited no relevant evidence to support claims that there is an issue with user-generated content.
Third, the objective of making YouTube pay some additional amount to support music creation is not enough to save the impairment of free speech rights either. This isn’t about compensation, because the works are already licensed. This is about paying some additional fees, given concerns that section 4.1 would have broadly exempted YouTube. I am not convinced that was the case, as services such as YouTube Music Premium might well have been captured. I am not alone on that. Canadian Heritage officials thought so too in a memo they wrote to the minister. In fact, it was such a non-issue that Mr. Cash’s organization did not even specifically cite the provision or raise the issue in the brief that it submitted to this committee.
I find it remarkable that the minister and the charter statement effectively tell Canadians that they should trust the CRTC to appropriately address free speech rights but are unwilling to do the same with respect to how section 4.1 would be interpreted.
Let me conclude by noting that if a choice must be made between some additional payments by a streaming service and regulating the free speech rights of Canadians, I would have thought that standing behind freedom of expression would be an easy choice to make, and I have been genuinely shaken to find that my government thinks otherwise.
I look forward to your questions.
Pierre Trudel
View Pierre Trudel Profile
Pierre Trudel
2021-05-17 14:44
Mr. Chair and members of the Standing Committee on Canadian Heritage, good afternoon.
I'm a law professor, and I've been teaching the Broadcasting Act since 1979. I was the research director of the Caplan-Sauvageau committee, which produced the 1991 Broadcasting Act. As my colleague Janet Yale pointed out, I was involved in the work of the Broadcasting and Telecommunications Legislative Review Panel.
As noted in the notice from the Department of Justice, which was tabled a few days ago, Bill C-10, amends the Broadcasting Act, which does not authorize measures to be taken against individuals with respect to the content they create and decide to put online. Above all, the act already clearly provides that all measures put in place to regulate broadcasting activities must respect freedom of expression.
Moreover, the Broadcasting Act has never authorized the CRTC to censor specific content. The CRTC's entire practice over the past 50 years is a testament to that. Furthermore, the Broadcasting Act requires that the CRTC refrain from regulating broadcasting in a manner that violates freedom of expression. It's hard to imagine a broader exclusion than that. It is an exclusion that requires a prohibition on interpreting the act in a way that empowers the CRTC to take action and create regulations or orders that violate freedom of expression.
In addition, as you know, the act provides that the CRTC shall refrain from regulating any activity that does not have a demonstrable impact on the achievement of Canadian broadcasting policy. In fact, the Broadcasting Act is enabling legislation. There are no specifics in the act. It is enabling legislation that empowers the CRTC to put in place rules adapted to the circumstances of each company so that they organize their activities in a way that contributes to the achievement of Canadian broadcasting policy objectives, as set out in section 3 of the act.
Therefore, Bill C-10 does not need to expand exclusions for any type of content. Rather, it is a recognition that Bill C-10 already excludes measures that could be suspected of infringing on freedom of expression and ensures that the Broadcasting Act applies to all companies that transmit programming, including on the Internet, which is the primary purpose of Bill C-10.
With regard to these online companies that determine content and that, it's important to remember, already regulate content that is offered to individuals through processes based on algorithms or artificial intelligence technologies, Bill C-10 strengthens the guarantees of fundamental rights for all Canadians. It empowers the CRTC to compel companies to provide information on the logic behind these algorithmic devices, which does not currently exist. It enables the CRTC to put measures in place to ensure that Canadians are offered programming that reflects the principles, values and objectives set out in section 3 of the Broadcasting Act.
Nothing in the Broadcasting Act as it is proposed to be amended would allow the CRTC to impose on anyone programs that they do not want to hear or see, let alone allow the CRTC to censor content on platforms.
Rather, the act provides individuals with a real opportunity for choice. There is currently no guarantee that online companies are offering Canadians a real and meaningful choice that reflects Canadian values as codified in the Broadcasting Act.
There has been a constant since the early years of radio, and that is a tension between those who believe that broadcasting undertakings should be left to market forces alone and those who—rightly, in my view—believe that intervention is required to ensure the effective availability of programming that is the product of Canadians' creative activity.
Bill C-10 is part of this continuum, which has allowed Canadians to have media that offers the best the world has to offer, while also giving prominence to the works of Canadian creators, including creators from minority and indigenous or first nations communities.
Thank you.
Andrew Cash
View Andrew Cash Profile
Andrew Cash
2021-05-17 14:51
Let's start by getting one thing off the table. Digital platforms like Netflix, Spotify and YouTube are incredible. They represent phenomenal opportunities for Canadian arts and culture creators.
It's been said that being in the music business is a great way to get rich and a lousy way to make a living. The pandemic has put this maxim in stark focus. Many artists and musicians lived below the poverty line before the pandemic, but the pandemic has made things much, much worse. Travel and gathering restrictions have meant no touring, no live shows and no income at all.
The pandemic has also underlined the systemic inequities in the market that have led to diminished compensation for creators. This imbalance has put the promise of a stable middle-class sector of artists and arts and culture workers further and further out of reach for this country. The sector is in crisis.
CIMA commissioned Nordicity to do a report on the impact of COVID. It found that the independent music sector saw a drop in revenue of $233 million, live music saw a drop in income of 79%, independent sound recording and publishing companies saw a 41% decline in revenue, and thousands of jobs were lost. That was just in the first nine months of the pandemic.
We don't expect to return to pre-COVID levels of revenue until 2023 or 2024 at best, but as we move towards recovery, we must address the elephant in the room: Digital giants doing business in Canada make lots of money off Canadians but pay fractions of a cent to content creators, and they operate here without any accountability or regulatory obligations, including to fairly contribute to the arts and culture ecosystem.
Really? Are we okay with this?
Given the numbers that I've laid out before you today, if there ever were a time when we needed you to stand up for the little guy, it's right now. Do you really want to go back to your ridings and say to your constituents, “Yes, I voted to protect big tech. I voted to allow them to continue raking in the profits, taking profits out of the country and not contributing a dime in return.”? Unless things have dramatically changed since I was an elected politician, I don't think you want to be doing that. In fact, many of you, from all parties, have pointed out that this inequitable playing field is wrong and that we have to do something about it.
CanCon regulations were created 50 years ago and helped establish a domestic industry within a domestic market. We wanted to protect and nurture French-language creators who were surrounded on all sides by English-language cultural content and English-language creators who were competing on all sides with the massive giant next door. Well, today our arts and culture marketplace is no longer a domestic one. Digital platforms have transformed the way content is consumed. Today the marketplace is global. Today we need a modernized system to grow our domestic industry into one that will thrive in the global market.
This bill, flawed though it is, could point us towards new modes of discoverability, towards new investments in our artists and our arts and culture entrepreneurs, and towards information transparency and accountability from big tech companies that simply doesn't exist right now.
CIMA believes that the bill as amended did not infringe on individuals' rights and freedoms. That belief was affirmed by last week's charter statement and further proposed amendments. However, let's be clear: We would oppose any measure that puts those rights at risk. Artists have long been at the forefront of fighting for civil liberties and freedom of expression against monolithic power structures. Our work quite literally depends on civil liberty and the protection of freedom of expression.
Bill C-10 couldn't [Technical difficulty—Editor] bad videos. What it could do, though, is begin to make a real difference in the lives of musicians, content creators, entrepreneurs and [Technical difficulty—Editor] across the country. It has the potential to move the creative sector from precarity towards middle-class stability, unlocking innovation and creating a global presence for the sector.
That's why I implore you today to continue your work in amending Bill C-10 as expediently as possible in order to pass it through Parliament before the end of the spring session.
Thank you.
View Kevin Waugh Profile
CPC (SK)
Thank you.
I'm going to continue with Dr. Geist.
I was at the original news conference on the Yale report. The chair had talked about levelling the playing field. We've often heard for the last several months about levelling the playing field. You say that's not the case.
Maybe you could just talk about that. “Level the playing field” is an expression that this government has used since it introduced this bill in November.
Michael Geist
View Michael Geist Profile
Michael Geist
2021-05-17 15:00
It does. Ms. Yale often talks about like for like, as if we need to treat all of these players in the same fashion.
What we ought to recognize is that the existing broadcast sector enjoys a whole series of regulatory advantages, worth hundreds of millions of dollars, that are not available to streaming services. It's things like simultaneous substitution, whereby they substitute out commercials worth hundreds of millions of dollars. It's the must-carry rule so that you have to carry certain channels, which are otherwise unavailable. It's foreign investment and ownership restrictions. There are a whole series of measures that actually don't make this like for like.
Now listen: That's not to suggest that there ought not to be a regulatory environment for online undertakings. What I would say, though, is that trying to treat them in the same fashion as this bill does has rendered it fundamentally flawed, and this committee ought to know it better than anyone. It has had witness after witness say they're concerned about things like changing Canadian ownership requirements, changing the prioritization of performers, changing Canadian intellectual property, and all of that is a function of trying to treat online in precisely the same fashion as conventional broadcasters.
View Kevin Waugh Profile
CPC (SK)
You have been pretty vocal on Twitter and other social media about this. You've said to scrap this bill and start over. Others on this committee want this bill to proceed.
It's been 30-plus years now since we've updated the Broadcasting Act. We all realize that this act has to be modified at some point. Could you talk about scrapping it and what you would put in there instead of what we have in front of us today?
Michael Geist
View Michael Geist Profile
Michael Geist
2021-05-17 15:02
Sure.
I would start by noting that I think we've seen the flaws. Even Mr. Cash acknowledged that it's a flawed piece of legislation, and we now have the government contradicting its own departmental officials again and again on things that were directly included in government memos from the heritage department to the minister with advice on some of these issues.
It's a flawed piece of legislation. The concerns are real and legitimate, raised by an incredible number of people, including people who have been some of the biggest critics of tech companies in the country.
I would suggest that we need to get this right, because we don't change our legislation that frequently. Clearly, it runs sometimes for decades. At the same time, we need to ensure that there is money for creators for precisely the kinds of reasons Mr. Cash identified.
What I would say is that the starting point is tax dollars. The government has already announced it wants to increase the taxes on tech companies. It should take some of that tax money and allocate it directly to the various creator programs. In doing so, there could be money this year, at a time when there really is that need for money, as opposed to the way it will play out with this bill. It is undoubtedly going to take years before the CRTC finishes with the litigation that is inevitable to ensue. Nobody is going to see a dime coming out of this legislation for years. There's a mechanism both to get the legislation right and to ensure that creators get money and get it quickly.
View Julie Dabrusin Profile
Lib. (ON)
Thank you, Mr. Chair.
In fact, I noticed that Janet Yale had her hand up and seemed to want to respond to some of the aspects that were touched upon by Dr. Geist on discoverability and the like.
Perhaps we could start there, with your ability to respond.
Janet Yale
View Janet Yale Profile
Janet Yale
2021-05-17 15:06
Thank you very much. I want to make just two or three quick points.
The first is that programs aren't regulated; undertakings are. When Dr. Geist says that if it's a program, it's regulated, it's not a program unless it's offered by an undertaking. Online undertakings are the only ones that are subject to regulation. It's not people who make programs. It's really that clear. Point number one is that a program isn't regulated; only an undertaking is regulated, whether it's a streaming platform or a social media platform.
Secondly, on discoverability, the way Dr. Geist described it would have you think that the algorithms that are operated by the likes of Amazon and Netflix are just mathematically pure, uncontaminated by commercial considerations, and that everything you see is driven completely in an agnostic way by consumer preferences. Well, I can tell you personally that when I've bought things on Amazon or I've chosen a show on Netflix, before I know it, I have pushed to me all kinds of things that have nothing to do with my preferences or taste but everything to do with the things that the provider in question is trying to push.
Once we acknowledge that algorithms are not agnostic, then it's really a question of whether cultural policy has a role to play in a world of so many choices and unlimited amounts of content in ensuring that we know what Canadian choices might be available. That's just the simple principle of discoverability, and it's not about interfering with freedom of choice. It's about promotion of Canadian choices. Nobody has to watch it if they don't want to watch it. There are actually no restrictions on freedom of choice whatsoever.
Those would be my thoughts, but I'm happy to answer any other questions you may have.
Pierre Trudel
View Pierre Trudel Profile
Pierre Trudel
2021-05-17 15:08
It is essential to understand that the algorithms used to direct the flow of content on the Internet are not neutral. These are default regulations, default rules. At the moment, there is absolutely no guarantee that these default regulations, which are based solely on the commercial choices of commercial enterprises, do not involve biases or possible violations of fundamental rights. If we want to get into the area of conjecture, we must also take that into account.
At present, Canadians have no guarantee that their choices are not being directed in the same undemocratic way that they could possibly be if the multiple scenarios that have been discussed were to become reality. If the CRTC ever decides to violate the Broadcasting Act by imposing regulations that contravene the Canadian Charter of Rights and Freedoms, our freedoms would be at risk. This is a very distant possibility.
Right now, there are some very real contingencies. The practices of the companies that dominate the online platforms in a monopolistic way can, with impunity, without anyone looking at them, infringe on our fundamental rights. That is the real issue with respect to fundamental rights. It is in this sense that Bill C-10 would strengthen the protection of our fundamental rights.
Unfortunately, there is no protection on the Internet at the moment. Our rights aren't protected. Our rights to access content relevant to us and our rights not to be spied on when we make choices aren't guaranteed. Government regulations can guarantee them.
View Martin Champoux Profile
BQ (QC)
View Martin Champoux Profile
2021-05-17 15:12
Thank you very much, Mr. Chair.
I'd like to thank the witnesses for being with us today. Their visit was highly anticipated. I'm grateful to them, and I thank them for their availability.
I'll start with Mr. Trudel.
Mr. Trudel, a few moments ago, you talked about the fact that, as things stand, we are still much less protected. Privacy, freedom of expression and, at the very least, freedom of choice of content are less protected. Bill C-10 has no intention of infringing on this.
Do you think the bill will improve things or will the status quo be maintained?
Results: 1 - 15 of 313 | Page: 1 of 21

1
2
3
4
5
6
7
8
9
10
>
>|
Export As: XML CSV RSS

For more data options, please see Open Data