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Results: 16 - 30 of 434
View Paul Manly Profile
GP (BC)
View Paul Manly Profile
2021-06-21 21:55 [p.8902]
Madam Speaker, it is an honour to rise to speak today to Bill C-10 on behalf of the constituents of Nanaimo—Ladysmith and the Green Party supporters across Canada.
It has been 29 years since the Broadcasting Act was updated, so this legislation is long overdue. I have decades of experience in music, film and the television industry, so I have a keen interest in seeing this update done correctly. However, Bill C-10 was critically flawed from the beginning.
More than 120 amendments were put forward to fix this bill, including 18 from the government itself. I submitted 29 amendments to Bill C-10. Two of these amendments passed, and another two passed with subamendments. The focus of my amendments was to ensure that industry stakeholders outside of the big media conglomerates are properly represented in the act. This included non-profit community broadcasters; independent producers who work outside of the traditional broadcasting system; small, independent production companies that create much of the content that we watch on the big networks; and independent networks, like APTN, which are not part of the media conglomerates like Bell, Rogers or Shaw.
Some of the key amendments I put forward ensured that the community element is recognized under the Broadcasting Act. The community element consists of hundreds of non-profit community TV and community radio stations across Canada. In Nanaimo, we have CHLY radio, which is a community-based campus radio station with a non-profit mandate that supports local, commercial-free programming.
When I started out in the broadcasting industry, there was a large network of community TV stations across the country, which were originally tied to the local community cable companies. As those small cable companies were swallowed up by Bell, Rogers and Shaw, the community broadcasting element was slowly pushed out. As the cable giants became more vertically integrated, buying up channels and production companies and expanding service into cellular, they started to use their community stations as a way to promote their own products.
Community media plays an important role in a free and democratic society. These stations are not owned and controlled by commercial interests, and their mandate is to provide a platform to community voices that would otherwise be squeezed out of commercial radio and television. It is important to have the community element recognized as the third major element of broadcasting in Canada. I was glad to have some of my amendments regarding the community element pass, although it was disappointing to see the term “non-profit” removed from the definition, because that is precisely what the community element is, a non-profit element of our broadcasting system.
There has been a lot of talk by the government about the objective of this bill being to level the playing field and protect Canadian cultural producers in their relationship to large Internet giants. According to the Yale report, which was presented in committee, the playing field also needs to be levelled in the contractual agreements between independent production companies and large broadcasting or streaming services.
Much of what we watch is created by small, independent productions companies that bring their program ideas to the big companies. There is a power imbalance in the system that needs to be corrected. Two amendments I put forward were recommended by the Coalition for the Diversity of Cultural Expressions, the Alliance des producteurs francophones du Canada, and the Canadian Media Producers Association. Had they passed, those amendments would have created market-based solutions to a market-based power imbalance.
The U.K and France both have similar systems in place, which are working quite well. After the British Parliament passed legislation, the U.K. regulatory agency required negotiations of codes of practice between independent producers and the public service broadcasters. Every code of practice agreement was worked out by the players themselves, rather than dictated by the regulator. The result was a tripling of the size of the domestic production industry in under a decade. France implemented similar measures, with the effect being that the volume of independently produced productions has continually increased, including those commissioned by web giants like Netflix and Amazon.
In Canada, the CRTC has never attempted to directly regulate the commercial relationship between producers and broadcasters. It has always taken the position that codes of practice should be negotiated by the market actors concerned. It is essential, however, that the CRTC be given explicit authority in this area so that it can require players to negotiate codes of practice between themselves. Unfortunately, those amendments, which would have provided more protection to small producers, were opposed by both the Liberals and the Conservatives and did not pass.
There is no doubt that the Broadcasting Act needs to be modernized and we need to level the playing field to ensure that digital giants pay their fair share. For decades now we have had a system in which the broadcasting industry supports the creation of Canadian content, and this should extend to the Internet giants.
Currently, the streaming and social media giants get away with not paying their fair share of taxes in this country. They also contribute nothing to the creation of content except that which they choose to produce.
The Conservatives have been busy sowing a great deal of confusion about what is and what is not Canadian content and how that is determined. Our Canadian content rules are very straightforward. For music to be deemed Canadian content, there is the MAPL system.
To qualify as Canadian content, a musical selection must generally fulfill at least two of the following conditions: M, or music, means that the music is composed entirely by a Canadian; A, or the artist, is for when the music or the lyrics are performed principally by a Canadian; P, or performance, is when the music selection consists of a live performance that is recorded wholly in Canada or performed wholly in Canada and broadcast live in Canada; and L, is when the lyrics are written entirely by a Canadian.
If we fulfill two out of those four categories, we have Canadian content. It is pretty straightforward. Canadian content rules have made stars out of some great Canadian bands such as The Tragically Hip, a band whose lyrics are distinctly Canadian. Tragically, The Hip never made it big in the U.S.A., but it is great that they have become such Canadian icons, thanks to Canadian content regulations that led to the production of films that were later picked up by Canadian broadcasters and went through the procedure of having the film certified as Canadian content.
It is an attestation-based process where one makes a declaration, and it may or may not be audited in the future. There is a point system where people have must score six out of a possible 10 points. They get two points for a director, two points for the screenwriter, first and second lead performers at one point each, and points are awarded for production design, art design, the director of photograph, camera chief, camera operator, musical composer, etc.
The Conservatives spent a lot of time filibustering at committee asking how anyone could figure out if a production is Canadian or not. In question period, the member for Lethbridge wanted to know if Canadian Bacon was a Canadian film based on the name and one of the lead actors, John Candy, being Canadian. However, Canadian Bacon was produced and directed by Michael Moore, an American, and it was produced mostly with an American crew.
Yes, John Candy was one of the stars, and there was another lesser known but also great Canadian actor Adrian Hough in the film, but other than that, there was a long list of American stars like Alan Alda. According to the formula, Canadian Bacon was not a Canadian film, but it is a very straightforward system.
Social media users are exempt from Bill C-10 and the Broadcasting Act, but the content they upload to social media platforms would be covered under the act. It should be noted that under current CRTC rules, productions under five minutes or less do not require certification as Canadian content. TikTok videos and Instagram videos, which are all less than five minutes, would not fall under the current regulations for discoverability as Canadian content.
Can regulations under the act change? Yes, they can. Does the CRTC think it is a good idea to regulate TikTok and Instagram videos for Canadian content discoverability? I really doubt it. There is an ongoing debate about whether freedom of expression is protected under the Broadcasting Act. In the 1991 Broadcasting Act under part 1, the general interpretation, it states, “This Act shall be construed and applied in a manner that is consistent with the freedom of expression and journalistic, creative and programming independence enjoyed by broadcasting undertakings.”
This part of the act still stands. The CRTC is going to have to respect our constitutional right to freedom of expression under the act. That is just a fact. If it does not, then there will be grounds for a legal challenge to the bill, and it seems pretty clear that freedom of expression will be respected.
In conclusion, Bill C-10 is still flawed and there could be a lot more in the bill to protect small, independent producers and production companies, and to ensure that independent networks such as APTN get their products on those streaming services, so we need to do more to protect Canadian producers and defend them in their relationship to the big companies, and not just the big Internet companies, but also the big Canadian broadcasters.
View Julie Dabrusin Profile
Lib. (ON)
View Julie Dabrusin Profile
2021-06-21 23:45 [p.8921]
Mr. Speaker, I rise today on the third reading of Bill C-10, a bill that would modernize the Broadcasting Act. This bill fulfills our government's promise to artists and creators, and will make Canada's broadcasting system more inclusive, accessible and equitable for all Canadians.
The Broadcasting Act has not been updated for 30 years. During that time, foreign web giants have stepped into the void. They have made money in Canada without contributing to our cultural creative industries. Bill C-10 seeks to modernize our broadcasting system and to level the playing field between our traditional broadcasters and these foreign web giants.
A modernized Broadcasting Act is urgently needed. It puts in place the right framework to support Canadian creators, producers and broadcasters to maintain the vitality of Canadian content creation and diversity of voices in the creative industry at large. It ensures that foreign web giants and streaming services contribute fairly to the Canadian broadcasting system, like our domestic broadcasters have for decades, and strives for fairness in the new digital world.
Even before tabling the bill, we heard from people who worked across the entire spectrum of the broadcasting sector about the importance of modernization. In June 2018, our government appointed a panel to review the broadcasting and telecommunications legislative framework. We received over 2,000 written submissions and heard directly from many people through conferences across the country. The Yale Report was released in January 2020, making recommendations based on this intensive study that created the framework for Bill C-10 and the modernization of the Broadcasting Act.
I want to underline this point. The consultations leading to this bill includes the work done by that esteemed panel that produced this report. Even before second reading, the heritage committee agreed to a pre-study and it ultimately took on the study of this bill. There were suggestions that we heard from people working in the industry as to how the bill could be improved. We have listened to these concerns and we took action.
Government and opposition parties proposed amendments. In many cases, more than one party proposed pretty much the same amendments, which were moments when there was better collaboration as we worked through them. In other moments, we had very heated debate and ultimately a Conservative filibuster, which kept members from being able to discuss improvements that could be made. Ultimately, the parties were able to work through the stack of amendments we had before us and to present an amended bill to the House.
Bill C-10 would level the playing field, supporting community broadcasting, inclusion and diversity and providing the CRTC with the proper tools to fulfill this modernization. The modernization includes bringing social media companies, and not their users, into the framework. This is because social media companies, for example, Youtube, have become major distributors for music in our country.
Users uploading content to social media are specifically excluded and the CRTC powers over social media companies themselves are restricted to only the following: first, request information from social media companies about the revenues they earn in Canada; second, require that they contribute a percentage of those revenues to cultural production funds; and third, make our Canadian creators discoverable on their platforms. I will break that down.
The first is to request information from social media companies about the revenues that they earn in Canada. Right now, we do not even know how much revenue these platforms such as Youtube generate in Canada. This seems like a reasonable step to take. I cannot see why the opposition parties, such as the Conservatives, want to let foreign platforms continue to operate in Canada without having to disclose this information. This is money made by foreign companies right in Canada.
The second requires that social media companies contribute a percentage of their revenues made in Canada to our cultural production funds. This goes to the core of supporting our artists. Broadcasters and radio pay into FACTOR or Musicaction to support our artists under the traditional system. It is time for these web giants, which have been getting richer during the pandemic, to pay into these funds as well.
The third is to make our Canadian creators more discoverable on their platforms. I would like to clarify on this point that the discoverability requirement is not the same as the one that applies to traditional TV and radio broadcasters. Social media companies do not need to show or play a proportion of Canadian shows or music. The discoverability requirement for social media companies is only to make our creators discoverable. This simply means to include them as suggestions in playlists, for example, or something of that type.
I would like to make one more point on the CRTC's restricted powers regarding social media companies. The CRTC will not have any powers relating to broadcasting standards that could be imposed on social media. Its only powers for social media companies are the three I have listed.
In debate at committee and in this place, there has been much that was raised about freedom of expression, and I want to address this point. The Broadcasting Act includes a specific clause that it must be interpreted in a way that respects freedom of expression and journalistic and creative independence. That has been there for the past 30 years.
At committee, we added a further clause that repeats this protection specifically for social media companies. The charter statement and amendment analysis from justice confirms that Bill C-10 does not impinge on freedom of expression. Bill C-10 levels the playing field and requires web giants to contribute to Canadian shows and music. It does not infringe freedom of expression.
Today, we are discussing a bill that will improve the representation of all Canadians in the programs that they watch. When most of the programming available to Canadians does not reflect their actual lived experiences, something needs to change.
That is why Bill C-10 makes advances to ensure that the Broadcasting Act promotes greater diversity. Programming that represents indigenous people, ethnocultural minorities, racialized communities, and francophones and anglophones, including those who belong to official language minority communities, the LGBTQ+ community and people with disabilities will no longer only be provided as resources become available. The offer and availability of such programming is essential for self-actualization.
The policies set out in the Broadcasting Act will ensure that our broadcasting system reflects Canadian society and that diverse and inclusive programming is available to everyone. That is essential so that the Canadian broadcasting system can help broaden people's perspectives, spur empathy and compassion for others and celebrate our differences, while strengthening the common bonds that unite our unique Canadian society.
Many of these aspects of broadcasting that have been simply migrated online have happened, and we need to bring them into the Canadian fold. It does not cover the whole of the Internet, as some might say. Bill C-10 includes clear authority for the CRTC to exempt certain classes of undertakings from regulation and to avoid regulation where such an imposition would not contribute in a material manner to the implementation of the broadcasting policy objectives.
Much debate has occurred about social media. Social media has clearly become an important tool for self-expression for Canadians. The bill would not interfere with the lawful use of this medium to express one's self.
The Conservatives stated that they would oppose this modernization of the Broadcasting Act even before changes were made at committee. While they raised issues about freedom of expression, which I addressed earlier, it seems like the objection from the start, and to this time, was about something else. A member of the Conservative caucus called artists who received support “niche groups”, that all of them must be stuck in the early 1990s because they had not managed to be competitive on new platforms and were producing material that Canadians just did not want.
I wonder if the member for the Conservative opposition was referring to shows from Alberta, such as Heartland, or Little Mosque on the Prairie, or maybe successful Canadian shows like Murdoch Mysteries, Kim's Convenience, Corner Gas, or Canadian musicians like Jessie Reyez, Gord Downie and the Arkells, all of whom received support through our cultural production funds.
Our government has crafted a carefully considered bill, and Bill C-10 would ensure our distinctively Canadian stories continue into the future.
View Kerry Diotte Profile
CPC (AB)
View Kerry Diotte Profile
2021-06-22 0:01 [p.8923]
Mr. Speaker, Toronto's CN Tower is a Canadian landmark that is known worldwide. When it was completed in 1976, it was the highest free-standing structure in the world. It is 553 metres tall, or about 1,800 old-fashioned feet high. That is the length of five and a half football fields. It has actually been named a wonder of the modern world, right up there with the Golden Gate Bridge and the Empire State Building. The CN Tower gets a lot of attention, and tons of people visit it: two million a year.
Some of those visitors got more than they bargained for on July 16, 2001. On that day, two radical activists decided to do a dangerous illegal stunt. The two men scaled the outside of the tower and unfurled a banner. That banner bashed the Liberal government and the U.S. government for allegedly being killers of the planet. Not doing enough to fight climate change was the charge. The men had to be rescued by firefighters, and they were later charged and convicted for their dangerous stunt. The court heard that the whole ordeal cost CN $50,000, but the two men only had to pay $3,000 in fines in total. I guess the punishment did not quite fit the crime.
Who were those two men who created such havoc and made headlines worldwide? They were both Greenpeace activists. One was a British guy, Chris Holden. The other fella has really climbed to new heights. He is now a Liberal cabinet minister, the heritage minister. Two decades after his last dangerous stunt, this radical guy is pulling another one. In some ways, it is even more dangerous than his first stunt. He wants to censor our online free speech.
By now many Canadians have heard of Bill C-10. It is actually interesting that hundreds of bills are discussed in the House and most people do not pay attention. If we mentioned a random bill, the average Canadian likely would not know what it is about and probably would not care. We realize that a bill is controversial when regular folks know about it and know it by name and number. I did a virtual meeting with students from a grade 6 class a couple of weeks back and they knew about Bill C-10. They were very concerned about it. They should be.
I have a special interest myself in Bill C-10. I worked as a journalist for three decades in radio, TV, newspapers and news magazines, so free speech is in my DNA. For many years I was an opinion columnist for the Toronto Sun chain. Opinion columnists at Sun Media were the lifeblood of that organization. Every survey we did showed that many people bought the newspapers, and sometimes just to read one of the regular columnists.
I am not going to bore anybody by dissecting the intricate legalese of Bill C-10. Lots of lawyers and legal experts have argued the finer points in detail. I know the government will tout this bill as being all about supporting Canadian content. It has already done that. It claims it is not out to stop free speech in any real way, but I do not believe it. Most Canadians do not either. It is no wonder that we do not believe it. The government has earned a reputation, and it is not a good reputation. It cannot be trusted. I do not trust it and Canadians do not trust it.
The Prime Minister and his Liberals have a long string of botched files, ethics violations, broken promises and cover-ups. They failed to quickly close our borders when COVID hit. Then they failed on quickly getting Canadians vaccines. They tried to do a deal with the communist Chinese regime to get vaccines. Of course that failed miserably.
The Liberals have failed on many, many fronts: the SNC-Lavalin affair, the WE scandal, cash for access, cancelled energy projects, disgraced cabinet ministers and MPs, blackface, the trip to the Aga Khan's private island, no serious plan to open our international border and cover-ups galore. Ler us consider a recent one. It is about the Winnipeg National Microbiology Lab and a refusal to provide vital documents to a key parliamentary committee. Look for that to be in the headlines for a long time.
Is it any wonder that Canadians do not trust the Liberals? Is it any wonder they cannot be trusted with something so sacred as free speech? Is it any wonder that people do not trust the minister proposing Bill C-10, a guy with a radical past, a guy who got hauled off in handcuffs and was convicted by a court of law?
We have already seen censorship raise its ugly head on the Internet. It is already happening at an alarming rate. I bet every Canadian with a computer knows someone who has had a social media post flagged or deleted by big tech. It could have been for something as simple as a personal opinion about COVID rules. I bet many of us know people whose social media accounts have been suspended or even shut down by big tech. It is ridiculous that some self-appointed 20-something is a judge at a big tech firm like Twitter, Facebook or YouTube.
It also seems like conservative voices are the ones often targeted by these censors. It is strange how that works. Can members imagine what kind of censorship will happen if the Liberal government controls our online speech? I shudder to think of it.
Some people might say that since I am a member of the official opposition, of course I will slam any Liberal bill. Well, it is not just the official opposition. There are a lot of people against this Big Brother bill. Every constituent I talk to wants me to fight against the bill. I cannot recall one person coming to me to say, “Hey, Kerry, you have to support Bill C-10.” In fact, I have heard so much opposition to the bill that I decided to start an online petition against it. I was inundated with people signing it. I told them that I would send a letter of protest directly to the Prime Minister on their behalf, and that is exactly what I did.
Speaking of opposition to Bill C-10, members should check out what Tim Denton said. He is a former national CRTC commissioner, and he is also the current chair of the Internet Society Canada Chapter. Mr. Denton had this to say:
C-10 is clearly intended to allow speech control at the government’s discretion. Ignore the turn signals, look at where the wheels are pointed. They are pointed at your right to communicate freely by means of the internet.
This is scary stuff. Who would members trust to pass judgment on this bill, our heritage minister, with his radical past, or Mr. Denton? I know who I would trust.
How about the comment from Peter Menzies? He is a long-time journalist and former CRTC vice-chair. I worked in journalism with Peter. He is a good guy, a smart guy. He has summed up the Liberal bill really well. He said that Bill C-10 “will place the internet under the control of the...CRTC. Its nine unelected, unaccountable commissioners will decide if your Facebook post or Youtube video is appropriate internet content.” My former colleague goes on to point out that the heritage minister “has promised more legislation to establish another regulatory panel to oversee what sort of things people may say on social media. All of this constitutes an outrageous abuse of government authority”.
We can see where this legislation could go. Maybe a person does not like a government program or a policy or a politician and speaks out. Maybe they will get blocked or cancelled. There is a lot of cancel culture out there to go around, and the legislation before us would only make things worse.
The bottom line is that the Liberal government cannot be trusted with our free speech. The minister, with his radical, checkered past, cannot be trusted with our free speech. Our free speech is too sacred to be imperiled by this terrible, dangerous legislation. Canadians are saying that loud and clear. Bill C-10 must be defeated. Our very democracy in Canada is at stake.
View Heather McPherson Profile
NDP (AB)
Mr. Speaker, I did notice the member spoke almost not at all about the bill, which is interesting because that is why we are here. Since I am sure he has read the bill and has read the act, he knows there are numerous places in both the act and the bill where freedom of expression is explicitly protected.
While the Liberals may not be trustworthy, members will recall that the Bloc, the Green Party and the NDP also support this legislation. New Democrats have always stood up for freedom of expression. They have a long history of that, and they have always stood up for net neutrality. The only party that is against this legislation is the Conservative Party.
I have heard from one Conservative MP that he has raised over $3,000 by fearmongering abound Bill C-10 in his riding. Would the member share how much money he has raised in his riding by fearmongering on Bill C-10?
View Kerry Diotte Profile
CPC (AB)
View Kerry Diotte Profile
2021-06-22 0:13 [p.8925]
Mr. Speaker, that is another diversionary tactic because the NDP member does not understand the kernel of this. As I said, I am not going to dissect this bill; I am not a lawyer.
However, I know one thing. I know about freedom of expression. I was a journalist for 30 years. I talk to a lot of people, and I represent my constituents, who are telling me that they do not like this legislation and they do not trust the Liberals. The Liberals have not earned the trust on this bill. It is as simple as that. That is the absolute truth.
View Martin Champoux Profile
BQ (QC)
View Martin Champoux Profile
2021-06-22 0:14 [p.8925]
Mr. Speaker, I listened to my colleague's speech, and I must say that it was shockingly chock full of fearmongering. I have seldom heard anything like that. On top of that, these words are from a former journalist. He himself said that he had been a journalist for 30 years.
I remind my colleagues that facts are important in journalism. They have clearly chosen party lines over the facts in this debate.
My colleague mentioned a few times that he was interested in Bill C‑10 and that he was fairly familiar with it. My colleague from Edmonton Strathcona said that there are numerous places in Bill C‑10 and in the act where freedom of expression is explicitly protected.
Could my colleague explain exactly which clauses in Bill C‑10 could potentially undermine freedom of expression? What are the specific sections he is referring to?
View Kerry Diotte Profile
CPC (AB)
View Kerry Diotte Profile
2021-06-22 0:15 [p.8925]
Mr. Speaker, that is another diversionary tactic. I very clearly stated in my speech that I was not going to dissect it. I am not a lawyer.
It comes down to trust. People do not trust the government on this issue of free speech, nor has the government earned that trust. We just have to talk to many people. I have seldom seen a groundswell against a bill like the one I have seen with this bill.
View Martin Champoux Profile
BQ (QC)
View Martin Champoux Profile
2021-06-22 0:16 [p.8925]
Mr. Speaker, we have finally reached the end of this bill on which many people have worked very hard in the past few months. I commend the members of the Standing Committee on Canadian Heritage who have been working hard since Bill C‑10 was introduced.
As we have said many times, this bill was not perfect when it was introduced. I used a metaphor, comparing this bill to a brand new paint by numbers. We had a lot of work to do.
The way it works is that we all vote in favour of a bill and agree to send it to committee. The House of Commons speaks and democracy does its job. At that point, it is our responsibility to work on improving the bills that are introduced and that must be studied in committee, and we made the decision to work on this bill, even though the task was, quite frankly, monumental.
We decided to do this work even if the task was altogether daunting. We committed to do it and we did. It was going relatively well until the withdrawal of clause 4.1 gave the Conservatives the opportunity they had been waiting for. It was the perfect opportunity to speak out against a possible attack on freedom of expression.
The support of various experts who already did not have a very high opinion of this bill, which obviously had an impact on web giants, was all it took for the Conservatives to come down on Bill C‑10 like a ton of bricks by pointing out all of the problems with the bill and demonizing it as much as possible.
I am rather pleased that we are in the final stages of this bill, particularly because we have pretty much covered all of the arguments and the list of witnesses and experts on which the Conservatives based their fearmongering.
My colleagues have said this repeatedly, and I will reiterate that the Broadcasting Act and Bill C‑10 contain several provisions that specifically exempt social media users, regular people like us and the people we care about, from the Broadcasting Act regulations.
The provisions in Bill C‑10 apply only to broadcasting undertakings. However, if entities that use social media sites like YouTube also engage in broadcasting, we have to regulate those broadcasting activities.
That excludes the activities of users who share content and little videos with each other or who have somewhat more organized channels that might even earn them an income. This does not apply to those people, as specifically stated in Bill C‑10.
The campaign of fear has run its course. It has slowed the progress of this extremely important bill since April, with what is commonly known as organized filibustering. Who will pay for that? The artists, creators, culture and the cultural community in Quebec, but also in Canada. The only ones to profit from it are the Conservatives, who oppose the bill, despite the fact that the other parties of the House are working hard to improve it and move it forward. I remind members that this bill was imperfect, but certainly not as bad as what the Conservatives have been saying for weeks and weeks.
There is another principle that I would like to revisit. I am reminded of the mother who watches a military parade go by and notices that one soldier is walking in the opposite direction, against the parade. Upon realizing that the soldier in question is her son, she wonders why everyone else is marching in the wrong direction. That is kind of what this reminds me of.
Sooner or later, when someone realizes that they are the only one who thinks something and nobody else thinks what they think, they might consider a little open-mindedness. They might accept that they have expressed their point of view, that others disagree, that we are all working in a democratic system and that the majority is supposed to rule. They can tell themselves that they fought hard and that, even though they tried hard to defend their point of view, they now have to be a good sport and stop trying to sabotage things.
That is not what happened, however. This attitude prevailed to the very end. We saw the filibustering, at times very disgraceful, and we have reached a point where Bill C‑10 may be in jeopardy. We will have to keep our fingers crossed. I intend to stay hopeful until the end, but I think this could have gone better. We could have done much more and been more noble in what we needed to accomplish. Again, it is our artists and culture that are at stake.
The web giants are earning billions of dollars on the backs of our creators. It is only fair to subject them to the same rules as broadcasters operating in Canada and Quebec.
How many times have the Bloc Québécois been criticized for throwing up their hands and supporting closure with the Liberals? It is awful. I must say that we had to swallow our pride since we are against the use of closure motions. Nonetheless, it is a parliamentary tool that exists. It is not perfect and it is certainly not noble, but neither is systematic filibustering.
Sometimes, the only way to respond to a questionable tactic is to employ another tactic that may also be considered questionable. It definitely is frustrating to come up against a gag order. We have been there as well. However, a bill for artists, for culture and for the industry deserves the right tools. If someone is standing in the way, we will use the procedural moves at our disposal.
The Conservatives will probably take the heat for a long time for scuttling the bill, if it were to fail. Quebec's motto, on all of its licence plates, is “Je me souviens”, or “I remember”. Quebec artists and those who have a lot of influence in the cultural sector will remember.
Culture does not cost anything. In an interview with a local paper in her riding, the member for Lethbridge said that Quebec artists were outdated, that they were stuck in the 1990s and that they were reliant on grants because they produce things people do not want. That is not true. Canada's cultural industry generates billions of dollars in economic spinoffs every year. The industry costs nothing; it brings in money. The industry is valuable, and not just in terms of money. We are talking about our identity here.
I will end my speech on a positive note. Just now, we voted for something positive.
Bill C‑10 was not perfect, and the Bloc Québécois believed that it was important not to wait another 30 years to amend the Broadcasting Act.
This evening, we voted to include a sunset clause in the bill, which ensures that the act must be reviewed every five years. We live in a world that is evolving at an incredible pace. Where will technology be in five years? We have no idea.
It is very important to set a limit and to give ourselves shorter deadlines for a mandatory review of the Broadcasting Act. It should be reviewed more frequently than every 30 years. In my opinion, it is one of the best ideas that we have had. We will have the opportunity to review the bill every five years and to correct whatever flaws may remain in the legislation, if it is passed.
View Alexandre Boulerice Profile
NDP (QC)
Mr. Speaker, I am pleased to take part in the debate this evening on such an important issue.
I just complimented my colleague from Drummond, and I also have some kind words for my colleague from Edmonton Strathcona. She did a masterful job on Bill C‑10 at the Standing Committee on Canadian Heritage. Her assistant, Laveza Khan, also worked very hard on it, and my assistant Samuel Fortin-Pouliot worked very hard too. I commend everyone. They truly put in the work, as they say.
I agree that we absolutely needed to amend the Broadcasting Act. It has been 30 years since that act was passed. It had become completely archaic and obsolete, and it still is. It does not fit with today's reality and the current context with the new digital broadcasters. I think we need to keep that in mind when we debate this bill.
That is why the NDP has always worked and remained in touch with various actors and stakeholders in Quebec's cultural sector, in particular the Coalition for the Diversity of Cultural Expressions and also ACTRA, Unifor and Music Canada. They have always counted on us. We worked with them to try to improve this very important bill.
Since the Yale report was released a few years ago, we have come to understand how necessary it is to update the Broadcasting Act and bring it into the 21st century. As progressives and New Democrats, we agreed with the broad strokes of the Yale report. It is so important, because it is a matter of cultural sovereignty. What we need to do is ensure that major new digital broadcasters participate, invest and contribute to the production of original Canadian and Quebec content. That is not what is happening.
It is vital to understand the ecosystem that we have been dealing with and continue to deal with, in the hope that it can change, and why the principle of this bill is so important in the first place. We have a system based on conventional broadcasters and cable companies that contribute to a fund to ensure we can invest in telling our stories on television, in film and other media.
However, big players, new players who are no longer quite so new today, had not contributed at all. It is great to be able to bring them to the table and force them to contribute to the growth and development of Quebec, Canadian and indigenous culture in general, just like conventional broadcasters.
Unfortunately, the bill that was presented to us was botched from the beginning. The NDP was prepared to collaborate. We have always been prepared to collaborate, to make amendments and improvements, to resolve the problems with the bill so that it best meets the needs of the cultural industry and our artists, artisans and technicians. We also want to make sure it best meets the needs of the public, because we need cultural content that brings us together and that we have some control over so that we can tell our stories, which our fellow citizens in Quebec and Canada love to hear. Think of all of the big television, movie and music success stories that we know of.
Unfortunately, we had to deal with very bad communication from the Minister of Canadian Heritage, who on numerous occasions could not for the life of him explain his own bill.
He was attacked under various pretexts by the Conservative Party and was unable to reassure the public and to continue in a constructive and positive direction for this bill.
Obviously, there has been a lot of talk about freedom of expression. It is an important issue, and we are not going to sweep it under the rug and say we do not care about it. As members of the NDP, as New Democrats and progressives, if there were a bill on the table that called into question the freedom of expression of people, of Canadians, we would obviously be very concerned.
The NDP has a strong track record when it comes to protecting freedom of expression and the rights of Canadians. This is not something we take lightly. We did our work in committee, as well as in the media, in the public sphere and in the House, to raise these issues and to take the time needed to get legal opinions, to hear from experts and to get the notices of compliance with the Canadian Charter of Rights and Freedoms from the Department of Justice. Those notices actually came twice, before and after the removal of clause 4.1.
We have always been in favour of the principle of the bill. We hope it will pass because our cultural sector will benefit when Internet giants contribute to and help fund the production of original works that tell Canadian and Quebec stories.
We did our work. We were open to arguments because we wanted to be absolutely sure we were protecting freedom of expression. That is what we did, and the NDP is committed to supporting the cultural sector and our artists, artisans and technicians. At the same time, we wanted to be absolutely sure everything was charter compliant and would in no way interfere with individuals' right to keep expressing their opinions and posting whatever videos they wanted on social media. Doing that work was very important, and we did it in a reasonable and responsible way. Unfortunately, there were some closure motions that prevented debate in some cases and violated our rights as parliamentarians.
The way the Liberals have been managing this bill strikes me as rather strange. They imposed closure on a committee, which has only ever happened three times. Despite this gag order, they had to resort to a supermotion. The Liberal government treated this bill as if we had neglected it and taken it lightly, while it was too important for equity in our Canadian programming ecosystem and for the defence of programming and content in French, as well as in indigenous languages.
We want our television, film and musical artists to have the chance to pursue their activities and be properly paid for the work they do, especially musicians on YouTube, and we want them to continue to tell our stories. It is a question of jobs and a very important economic sector. The cultural sector accounts for tens of thousands of jobs across the country.
What is more, culture is what defines us. It says who we are, what our vision of society is, how we approach the issues, social discussions and debates. It also gives us a chance to change our perspective and world view, and a chance to change the world.
I find it sad that on June 21, we still have to talk about this. The Liberals should have managed their agenda better.
However, I think that this bill does ultimately achieve the objectives that matter to our cultural sector, our artists and our artisans. The NDP will always be there to defend them.
View Derek Sloan Profile
Ind. (ON)
Madam Speaker, Canadians know that I have fought hard for them in Parliament over the past several months when other parties have failed to do so. Too many times, we heard nothing but silence in Parliament over urgent issues, such as the detainment of Canadians at airports; research into promising COVID treatments like Ivermectin, which has been utilized in other jurisdictions but not Canada; the unconstitutional push for vaccine passports with no debate in the House of Commons; the use of endless lockdowns across Canada, despite the negative impact on our economy and youth mental health; the rights of workers against forced vaccinations in the workplace and, of course, the Prime Minister's famous double standard on the constitutional rights of Canadians to protest.
I have always stood up for Canadians on these issues, just like today when I hosted a panel of Canadian doctors and professors, who are now facing extreme censorship across our nation due to their whistle-blowing on Canada's handling of COVID-19.
I call on the government, big tech and other organizations to stop muzzling medical experts and let them share their concerns freely without fear of reprisal and censorship.
View Dave Epp Profile
CPC (ON)
View Dave Epp Profile
2021-06-16 16:20 [p.8539]
Mr. Speaker, it is my honour to rise today to present e-petition 3393 on behalf of many Canadians, particularly those from my riding of Chatham-Kent—Leamington.
The petitioners are extremely concerned that Bill C-10 unjustly infringes on citizens’ right to freedom of expression outlined in section 2(b) of the Charter of Rights and Freedoms, particularly that the speech Canadians engage in on digital platforms is crucial to their conveying of their basic individual expressions. Bill C-10 would provide the CRTC with the authority to control and regulate user-generated content on digital platforms that Canadians use every day and censor what Canadians post and see on social media and the Internet, providing it with sweeping powers over how Canadians communicate and express themselves online.
These Canadians want their rights upheld and due process followed. I commend you, Mr. Speaker, for so ruling yesterday.
View Anthony Housefather Profile
Lib. (QC)
View Anthony Housefather Profile
2021-06-15 11:00 [p.8434]
Madam Speaker, this is one of the most important speeches that I have given in this virtual chamber. I want to clarify for the people in my riding and across Canada what this motion means, and even more importantly what it does not mean. I also want to contribute my views to the public record so that they can be examined by any court that may, in the future, be called upon to consider the significance of this motion.
First, I want to clarify that if this motion is adopted, it does not constitute an agreement by this House to a constitutional amendment. Amending Canada's framework document would require a proper bill, extensive public consultation, committee study and hearings, legal analysis and extensive debate in this House and across the country. I would never support any constitutional amendment that did not follow this process.
Second, what does this motion do?
It asks the House to recognize that section 45 of the Constitution Act, 1982, allows Quebec and the other provinces to unilaterally amend their respective constitutions. What the motion does not say is that section 45 is subject to section 41. Section 41 refers to section 43(b), which clearly states that any amendment to any provision that relates to the use of the English or the French language within a province also requires the approval of the House of Commons and the Senate. I will speak to what this means a little later.
This motion also calls on the House to acknowledge the fact that Quebec intends to use section 45 to amend its constitution to state that Quebeckers form a nation, that French is the only official language of Quebec and that it is also the common language of the Quebec nation.
Third, let me be clear about the mechanism being used. Quebec's proposed Bill 96 has not yet been the subject of hearings. It has not been debated, amended or adopted. Since the determination of whether section 45 applies to an amendment will depend on the final wording of Bill 96, it would be premature to offer more than a preliminary assessment as to whether section 45 could apply.
No amendment to the constitution of a province made under section 45 can have any legal effect on the Constitution of Canada. Our Constitution is very clear that if any amendment relates to the use of English or French language in the province, section 43(b) must be used, not section 45. Therefore, this amendment cannot be used to reduce or impact the rights of the Quebec English-speaking minority in any way.
It would not and could not change the scope of section 133 of the Constitution, which says that English is an equal language with French within the National Assembly and the courts of Quebec. It would not and could not change the scope of the rights of the minority language community under the charter, such as education rights under section 23. Perhaps most importantly, in my view, this amendment cannot be used to interpret whether any charter right has been breached or to justify a section 1 limitation of that right.
Fourth, I support the exact wording adopted by the House of Commons in 2006. That motion stated, “that the Québécois form a nation within a united Canada.” I want members to note those last words, which are “a united Canada.” The current proposal is missing those words.
I also believe that it is very important to understand the legal implications of the notion of French as the common language of the Quebec nation. I hope that there will be presentations and debates in the National Assembly on this issue.
Quebec's Charter of the French Language states that French is the official language of Quebec. French is the first language used in Quebec, and French-speaking Quebeckers should be able to live, work and be served in French throughout our province.
Some proposals in Bill 96 have raised real concerns that common language means something else. For example, is the Quebec government seeking to limit those who can receive certain services in English? Sections 22.2 and 22.3 of Bill 96 link the ability to receive certain government services in English to those who are eligible to receive instruction in English. This has never previously been done in the Charter of the French Language outside of education rights.
Let us look at what that means. Suddenly hundreds of thousands of people who considered themselves part of the English-speaking community of Quebec will no longer be eligible to receive certain services from the state in English. This would include people who came to Quebec from the United States or other English-speaking countries, and even Holocaust survivors in their nineties who have been part of the English-speaking community since arriving in Canada over 70 years ago. This is profoundly disturbing, and I very much hope this section is amended by the National Assembly.
There is also section 18.1, which states that the personnel members of the civil administration shall use exclusively French when communicating orally or in writing with one another in the exercise of their functions. I do not think it is reasonable to ask two anglophone public servants to speak and write to one another in French.
In light of these and other provisions in Bill 96, we can understand why leaders of the English-speaking community, including former member of Parliament Marlene Jennings, who is the president of the Quebec Community Groups Network, have expressed some serious concerns about Bill 96.
I am particularly concerned about the impact of Bill 96 on how we see the charter and how individual rights interact with collective ones. In my view, we have a Charter of Rights because we, as a society in Canada and Quebec, have accepted that there are certain rights which are inalienable, rights that are not subject to change by a simple majority in the legislature. A charter is designed to protect minorities, even unpopular minorities.
In Bill 96, Quebec has departed entirely from this principle. First, the bill says the Charter of the French Language would no longer be subordinate to the Quebec Charter of Human Rights and Freedoms. This means that Quebeckers would no longer be able to argue that the Charter of the French Language breaches rights under the Quebec Charter of Human Rights and Freedoms.
Quebec is also proposing to use a notwithstanding clause in an omnibus and pre-emptive way, preventing any Quebecker from arguing that fundamental freedoms, including freedom of expression under the Canadian Charter of Rights and Freedoms, are breached under this bill. I would like to be very clear that I am against the notwithstanding clause. I do not believe it should be part of the charter.
We already have section 1, which allows legislatures to place reasonable limits on rights. To allow legislatures to allow unreasonable limits on rights, or to put laws outside the review of the judicial branch of government, is not something I can ever support. I oppose the use of the notwithstanding clause by Quebec, Ontario or any other jurisdiction.
Although we have to accept that the notwithstanding clause is part of the charter and can be invoked, it should be invoked only on very rare occasions, in response to a legal ruling. It must not be used pre-emptively. The idea of insulating a bill from possible legal challenges is profoundly troubling. The public would have no way to find out whether a right has been violated. As a Quebecker and a Canadian, I believe that we need an extensive public debate on this matter.
What is clear is that the issues related to our Constitution, our charter and our two official languages are at the very core of the fabric of our country. They are not documents or concepts to be taken lightly, but to be approached thoroughly, transparently and with the best interest of the federation at heart. Canadians place their trust in us to protect our country, protect our rights, including minority rights, and protect our democracy. These are not conversations that happen in one day, but rather require time, reflection and public debate. Our Constitution and Canadians deserve nothing less.
In the end, while I believe that this motion is purely symbolic in that it only asks this House to acknowledge what Quebec intends to do as opposed to the House agreeing to anything substantive, I also understand why this may be unclear to Canadians, especially official language minority communities and in particular, English-speaking Quebeckers.
Therefore, I move that this motion be amended by adding, after the words “of the Quebec nation”, the following: “That the House acknowledge adopting a motion in 2006 stating that this House recognize that the Québécois form a nation within a united Canada and reaffirm this position, and declare that the rights of Quebec's English-speaking minority under the Canadian Constitution may not be impacted or reduced by such an amendment.”
View David Yurdiga Profile
CPC (AB)
Madam Speaker, energy security should be a concern for all Canadians. Distribution of Canadian energy through networks of pipelines is paramount to withstand shocks from a wide range of sources, like natural disasters, geopolitical conflicts and other merging threats. Energy distribution like Line 5 potentially being shutting down will initiate shortages, causing astronomical increases in the cost of everything.
The Liberal government's lack of understanding of the importance of ensuring reliable and cost-effective energy has put Canada at a huge disadvantage compared to other nations. As the Liberal government continues to spin the narrative of our economic standing globally, it is only countered with the facts.
Thanks to the pending Bill C-10, the Liberals will be able to shut down what we can hear and see, just like North Korea. Canada was once a nation that embraced freedom of speech, but I guess that will be a footnote in history if not censored by Bill C-10.
View Rob Moore Profile
CPC (NB)
View Rob Moore Profile
2021-06-14 14:11 [p.8330]
Mr. Speaker, the priority for Conservatives is getting Canada’s economy reopened and back on track. The Liberal government’s priority is ramming through Bill C-10, its Internet censorship bill.
I have heard from constituents across my riding who want to see this bill scrapped. New Brunswickers in Liberal-held ridings are frustrated by their MPs' failure to commit to opposing this bill, a bill that fundamentally would alter how the Internet would operate in Canada. Canadians are even more bewildered by how the government is so focused on Bill C-10 rather than pressing issues that impact their health and the economy.
I will not support Bill C-10, a bill that puts freedom of expression in peril. The government should listen to Canadians who are telling it to abandon this poorly thought-out bill that is focused on political power rather than protecting the freedom of speech that Canadians so rightly enjoy.
View Garnett Genuis Profile
CPC (AB)
Madam Speaker, the eighth petition is about Bill C-10. It notes that the CRTC already has sweeping regulatory powers over traditional forms of media. The original mandate of Bill C-10 was to expand those regulatory powers to include online platforms, but Liberal members have since used their position on the heritage committee to amend Bill C-10 to include social media platforms and other Internet platforms. This would amount to a significant attack on freedom of speech.
The petitioners want to see the government reverse its position on this and defend the freedom of speech of all Canadians. This petition calls on the government to respect Canadians' fundamental right to freedom of expression and to prevent Internet censorship.
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