Hansard
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 171
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 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 Alexandre Boulerice Profile
NDP (QC)
Mr. Speaker, I found that last response from my colleague from Nanaimo—Ladysmith quite satisfying.
What does my colleague think of the fact that cable companies, which are fewer and fewer in number and have fewer and fewer customers, are the only ones contributing to the production of original Canadian content, when giants like Netflix, Crave, Disney+ and YouTube are currently excluded and are not contributing to the production of artistic and cultural content in Canada?
View Paul Manly Profile
GP (BC)
View Paul Manly Profile
2021-06-22 1:00 [p.8931]
Mr. Speaker, it is high time that those other Internet giants all contributed to Canadian content and put money into the Canada Media Fund, and that the Canada Media Fund was opened up. One of my amendments was to have the Canada Media Fund available to independent producers who are producing for those streaming services, so that somebody making a documentary that is just going to go out on YouTube could actually get Canada Media Fund money to help tell good, Canadian stories.
View Gabriel Ste-Marie Profile
BQ (QC)
View Gabriel Ste-Marie Profile
2021-06-17 19:32 [p.8714]
Madam Speaker, I want to begin by saying that I will be sharing my time with the hon. member for Berthier—Maskinongé, whom I affectionately refer to as my favourite MP.
On June 9, the House adopted Motion No. 69, which was moved by my colleague from Montarville. The motion presents six concrete measures to help the government take more effective action against tax evasion and tax avoidance.
This evening, I would like to remind the House of those six measures. I expect the government to take action. I would also like to remind the House that our role as legislators involves guiding the government on such motions. Since the motion was adopted, I expect concrete action to be taken. I expect the government to follow through on this.
The first measure is as follows:
amend the Income Tax Act and the Income Tax Regulations to ensure that income that Canadian corporations repatriate from their subsidiaries in tax havens ceases to be exempt from tax in Canada;
Here, the motion calls for subsection 5907(1) of the income tax regulations to be repealed.
I would note that this subsection, which was adopted behind closed doors, allows Canadian corporations to repatriate money tax-free from their subsidiaries in one of the 23 tax havens with which Canada has a tax information exchange agreement.
This measure would change things so that any income repatriated by a Canadian corporation would be taxed. There is no need for a bill to do that. The motion was adopted in the House, and the order was sent to the government. All the minister had to do was delete it from the income tax regulations, thereby revolutionizing the fight against tax evasion and tax avoidance. That is what we are asking the government to do. We are in a pandemic, and spending levels are higher than ever. The motion proposes measures that will enable to government to bring in more revenue and increase tax fairness.
The second measure is as follows:
review the concept of permanent establishment so that income reported by shell companies created abroad by Canadian taxpayers for tax purposes is taxed in Canada;
When a company registers a subsidiary or a billionaire establishes a trust abroad, that subsidiary or trust is considered a foreign national, independent from the Canadian citizen or company that created it, and its income becomes non-taxable.
In taxation jargon, these subsidiaries or trusts are referred to as permanent establishments, in other words, they have a taxable fixed place of business independent of their owner. In many cases, they are shell companies with no real activity. There is no justification for treating them differently from any other bank account and exempting the income they generate from tax.
The Standing Committee on Finance is looking into shell companies set up on the Isle of Man by KPMG. Things need to change. The motion adopted by the House contains a measure to do that. We expect the government to take action with a view to collecting additional revenue in order to offset the additional expenses arising from the pandemic.
The third measure is as follows:
require banks and other federally regulated financial institutions to disclose, in their annual reports, a list of their foreign subsidiaries and the amount of tax they would have been subject to had their income been reported in Canada;
This may surprise many people, but for years banks were required to include that in their annual reports. It used to be released and that requirement needs to be reinstated. Here, the House is calling on the government to require the banks to be transparent again. It would just take a simple directive from the Superintendent of Financial Institutions. The government can send this notification and this very simple measure could be applied very quickly because it does not require any international negotiations or any legislative or regulatory change.
In 2019, the six Bay Street banks made a record profit of $46 billion. That is a 50% increase over five years. In 2020, despite the pandemic, they made $41 billion in profits. Their profits rise, but they pay less tax because they report their most profitable activities in tax havens, where their assets keep growing.
Until the door to the use of tax havens is closed shut, consumers could at least be able to choose their financial institution in an informed manner, and taxpayers would be able to judge whether the banks deserve government assistance.
Some of the measures the government announced in its latest budget are consistent with the fourth measure, which reads as follows:
review the tax regime applicable to digital multinationals, whose operations do not depend on having a physical presence, to tax them based on where they conduct business rather than where they reside;
We see this in rich countries. There are two pieces of good news in this budget. First, the government will finally start collecting the GST on services sold by digital multinationals as of July 1, so two weeks from now. This tax change was included in the notice of ways and means that the House voted on.
It is hard to understand why Ottawa waited so long, when Quebec has been doing it for two years and it is going great, but as they say, better late than never.
Also, still on the topic of this measure, the budget announces the government's plan to tax multinational Internet companies on their activities at a rate of 3% of their sales in Canada beginning on January 1, 2022. This commitment might be merely hot air, however, since there is talk of a possible implementation after the likely date of the next election. There is speculation that it will be called in mid-August, if the polls remain comfortable for the party in power, but still, this commitment is good news. It will be really good when it happens.
During the last election campaign, which was not so long ago, the Bloc Québécois proposed such a measure and the use of the revenue generated to compensate the victims of web giants, the creators. We are talking about the artists and the media who do not receive copyright fees from the web giants that use their content. The government is not going that far, but is instead reporting this GAFAM tax in the consolidated revenue fund. Nevertheless, we applaud this measure. It is a good start.
The fifth measure is as follows:
work toward establishing a global registry of actual beneficiaries of shell companies to more effectively combat tax evasion;
This is an extremely important measure. This needs to happen. Experts told the committee that the problem was that the information was not accessible; we cannot see the information. The fifth measure adopted by the House changes that. In many cases, tax havens are opaque, and it is impossible to know who truly benefits from the companies and trusts that are set up. Often, we only know the name of the trustee that manages them or the legal or accounting firm that created them, but not the name of the person hiding behind them. Such a setup is a real boon for fraudsters who can hide their money with complete impunity.
This type of registry already exists in Luxembourg, but it is accessible only to financial institutions. These institutions do their own audits, but this type of registry must be made available to governments or tax agencies. Tax evasion and avoidance has gone on too long. We do not know who is hiding behind these companies. I am calling on the government to implement the fifth measure.
The sixth and final measure is a very important one
:use the global financial crisis caused by the pandemic to launch a strong offensive at the Organisation for Economic Co-operation and Development against tax havens with the aim of eradicating them.
As members know, in response to the 2008-09 financial crisis, the OECD has been working hard to combat the use of tax havens. It was then that countries started to seriously go after tax havens within the OECD by launching a broad multilateral instrument on international taxation and tax base recovery called the framework on base erosion and profit shifting, better known as BEPS. Some progress has been made since the initiative was launched, but not much.
We are facing a global economic crisis, as countries took on record amounts of debt in an effort to provide income support and stabilize the economy. These efforts are absolutely warranted when they are well done and well used. However, this crisis is a reason to emphasize that everyone needs to pay their fair share and implement, once and for all, the recommendations proposed by the OECD. This is extremely important. It is a matter of justice and tax fairness.
In conclusion, I remind members that less than two weeks ago the House adopted a motion setting out these six actions. We are calling on the government to move forward. These are good solutions, and the current pandemic is the right time to implement them.
View Steven Guilbeault Profile
Lib. (QC)
Madam Speaker, if we really want to understand where we are, we have to look at where we started.
Bill C‑10 came out of the work of the Yale commission, which worked on this for nearly a year and a half. The commission was created by my predecessors. It travelled across the country gathering input from experts and stakeholders, including groups representing people in music, visual arts, television and film.
The Yale commission received close to 2,000 briefs and submitted its report in early 2020. We took that input from the consultations and feedback from a group of leading Canadian experts, including the former director general of the CRTC, Ms. Yale, and started working on Bill C‑10. We worked hard to do what the previous overhaul of the Broadcasting Act in the early 1990s did when the Conservatives modernized it. The act was created to protect Canadian artists, organizations and businesses from the American cultural invasion.
We all know that the American cultural invasion is powerful and that it can steamroll any culture on the planet. I have discussed these issues with ministers in Europe, Asia, Africa and Latin America. Many countries worldwide are currently dealing with the issue of cultural sovereignty.
This is the spirit in which we tabled Bill C‑10. At the time, I was the first one to say that the bill could be enhanced, improved and amended. I would remind members that the last time the Broadcasting Act was amended, the government of the day overlooked one very important issue: the ownership of Canadian broadcasting companies. The act was amended in the early 1990s, and the Governor in Council issued an order in council a few years later, in 1997, to protect the ownership of Canadian broadcasting companies, because this had been overlooked.
All of this is to say that, when we propose a bill, we do our best to make sure that it represents the best of our intentions. I would like to remind all of the members in the House that Bill C‑10 was praised by cultural organizations across the country. According to many, its passage was a historic event.
Not only was the tabling of the bill saluted from coast to coast to coast, but the National Assembly of Quebec voted unanimously in favour of Bill C-10. It said that we need Bill C-10 and that it is a good piece of legislation. Among other things, it would help the French language, French producers, French artists and French composers to better perform in this environment. Another feature of Bill C-10 is that it would also further help and support indigenous creators, indigenous artists and indigenous producers in ways the previous incarnation of the bill unfortunately did not do.
This bill is not about content moderation. The CRTC, in its decades of existence, has never said to Shaw, CBC or TVA that they can do one program but cannot do another program. The CRTC has never had that power.
I heard one member talking about the sweeping powers of the CRTC. The CRTC is not above Canadian laws. It must comply with our bodies of laws and regulations, and it is a regulator. We have many regulators in different sectors, and the CRTC, from that point of view, is no different than existing regulators. What Bill C-10 wants to do is to ensure web giants pay their fair share.
As I have said many times in this House, as well as at the heritage committee, the independent, professional civil servants at Canadian Heritage estimate that, by asking web giants to pay their fair share, we would be adding revenues in excess of $800 million a year for our creators, artists, independent producers and musicians. That figure is an estimate, not an exact figure, as we would have to adopt the bill and implement the regulations to know exactly how much it would be.
I want to point out that, initially, when the heritage committee started working on the bill, things were going really well. The committee was able to go through roughly 20 amendments at every committee meeting. What has been really challenging to understand is the Conservative Party.
By and large, we have four parties in this House that recognize the need to modernize the Broadcasting Act and agree on the goals. We do not agree on everything, but between the Greens, the NDP, the Bloc and us Liberals, I think there is vast agreement on what needs to be done.
Frankly, I am trying to understand the position of the Conservative Party on this, as it has been a moving target. Initially, the Conservatives criticized the bill for not going far enough because we were not going after YouTube or integrating these really important companies in the bill, so we changed it. Then, all of a sudden, they changed their minds. It was not good enough. Not only was it not good enough, but they disagreed with their initial position.
Then they started talking about this idea that somehow the bill would lead to censorship, which was proven wrong by the independent professional civil service of the justice ministry. The deputy minister came to testify at the heritage committee to that effect and produced analyses that showed Bill C-10 did not go against the Canadian Charter of Rights and Freedoms. In fact, there are elements within Bill C-10 and the CRTC's own laws that state that the CRTC has to abide by the Charter of Rights.
Because of that, the Conservatives claimed that it was an infringement on net neutrality. We tried to explain what net neutrality is and what it is not. Basically, net neutrality is about telecommunications. It is about the hardware and the ability of people to have access to networks. Bill C-10 does not do that. It is not about telecommunications at all.
I think we are now faced with the fact that, because of the Conservative Party, we have lost months of work on Bill C-10. For every month that passes, artists, creators, musicians and technicians in this country lose roughly $70 million per month, so we must proceed with the adoption of Bill C-10. Artists, musicians and organizations across the country are asking us to do so.
View Rachael Harder Profile
CPC (AB)
View Rachael Harder Profile
2021-06-14 18:25 [p.8370]
Mr. Speaker, I will be splitting my time with the member for Saskatoon—Grasswood.
Last week culminated in a devastating assault on democracy as MPs were forced to vote on amendments that were not made public and vote on sections of the bill without any discussion or debate. There was zero openness and zero accountability, and it was absolutely wrong.
How did we get there? Earlier in the spring the Liberals brought forward an amendment to their own bill, which removed a section that originally protected the content that individuals would post online. When that section was removed, of course it caused disarray at committee and a great discussion ensued.
That was the case because Canadians deserve to be protected. They deserve to have their voices contended for and their freedoms established. When that part of the bill was taken out, of course the Conservatives went to bat. The Liberals did not really like that very much, so they moved something called time allocation in the House of Commons, which limited debate at committee to five hours.
This meant that hundreds of pages of material was only given five hours of consideration, after which time members of the committee were forced to vote on the bill, including its amendments and subamendments. Again, those were not made public and no discussion was allowed.
It was not exactly democracy in its finest state. It was a sham, and not how good legislation is meant to be created in Canada. This is not democracy.
Once again, the bill is now in the House. Although the Liberals have not moved time allocation, they have moved to have our debating time restricted again.
From here the bill will go to the Senate where it will be discussed further. My genuine hope is that the Senate will have the opportunity to examine this bill and hear from witnesses. In particular, it is my hope that the witnesses it brings forward include creators from digital first platforms because those individuals have been left out of the conversation despite being impacted to the greatest extent.
Let me back up and explain what this bill does for a moment. There are two things. The first is, as the government argues, it levels the playing field between large streaming companies and traditional broadcasters. The second thing this bill does in fact do, however, is censor the content we place online.
With regard to levelling the playing field, the minister claims this is about getting money from web giants, but if he is concerned about GST being paid, that is already taken care of because there is already an initiative starting in July that will require companies, such as Disney+, Netflix, Spotify, Crave, etc., to start paying GST, which takes care of levelling the playing field.
However, Bill C-10 goes far beyond just levelling the playing field. It is backed up by many lobby groups that are pushing for a 30% Canadian programming expenditure requirement as a share of revenue per year. What this will do is not simply increase the cost to these large streaming companies, it will actually pass that cost down to consumers. According to experts, costs are actually expected to rise by about 50%.
Canadians already pay some of the highest rates in the world, so with Bill C-10, they can expect to be taxed even more. This of course will have a huge impact on them with respect to money coming out of their wallets. Furthermore, the bill will impact the content Canadians can post and access, which brings me to my second point on censorship.
When I talk about censorship, I talk about the government getting involved with respect to what one can and cannot see and post online. I am talking about the government putting an Internet czar in place.
Peter Menzies, the former CRTC vice-chair, stated Bill C-10, “doesn’t just infringe on free expression, it constitutes a full-blown assault upon it and, through it, the foundations of democracy.” That deserves consideration. It is quite the statement.
Bill C-10 is in fact a direct attack on section 2(b) of our charter. Under this section, Canadians have the right to speak and to be heard. Much of that speaking takes place within our new form of the public square, the Internet.
The bill before us would infringe upon the ability Canadians have to post online and to express themselves freely. Furthermore, the bill would infringe upon the rights that viewers have to access that content online, which means that the right to speak and the right to be heard will be infringed upon if the bill passes.
Let us talk about viewers for a moment. Viewers go online in order to access the content they want. They go on YouTube perhaps looking for a video on how to fix a bicycle chain, or they may want to look up information having to do with the war of 1812. They are looking for content that is going to fit their needs.
However, if the bill is passed, they would go on YouTube, and the government would determine what that need might be. The government would dictate the type of material that they would be able to access. The government would dictate this based on how “Canadian” the material is.
The government would curate what we can and cannot see by bumping things up or down in the queue, which means that the content a viewer really needs to access might be pushed back to page 27 of a YouTube search whereas, normally, right now, according to the existing algorithms, that content would probably be found on page one. The government would actually infringe upon a viewer's ability and right to access that information, because it is going to curate and determine that, no, a viewer does not want what is on page 27, but rather what the government is putting on page one. It wrong. It is dictatorial. It is anti-democratic.
Canadians know what they like. They know what they want to watch, and they know how to find it. Platforms such as YouTube are curated in such a way as to point people to more of the content they desire. When a viewer searches for content, YouTube gives it, and then it might suggest more that is similar to it. However, that would not be the case going forward. Instead, the government would steer viewers in the direction that the government wants them to go, and it will do it through the power of its Internet czar.
I will talk about creators for a moment. They are amazing. In Canada, we are punching above our weight in terms of what creators are able to produce, and I am talking about individuals who are using non-traditional platforms in order to gain an audience. They share their talent, skill and ability with the world. Ninety per cent of watch time of Canadian content comes from viewers outside of Canada. That is amazing.
I think about Justin Bieber, and about how much popularity he has gained on the world stage. He started out on YouTube, a non-traditional platform. However, under Bill C-10, Justin Bieber probably would not have risen to the top, because the algorithms that the government would impose through its Internet czar would relegate him to the bottom. Why? Well, it is because his content just would not be Canadian enough to make the cut. Again, it is wrong.
Let us also talk about diversity. This government loves to celebrate diversity, but let us talk about the indigenous digital first creators or those who are members of minority groups. Instead of being able to make a name for themselves and follow the protocols that are already in existence, they would come under government scrutiny and, again, the Internet czar would determine whether or not their content can be accessed.
Now, members might ask who the Internet czar is. It is none other than the CRTC, which is the regulatory arm of the government. Who makes up the CRTC? I can tell members that the leadership of the CRTC is made up of six white men. It would be six white men who would be determining what type of content is Canadian and what content is not.
They would be determining whether or not indigenous first creators can be accessed or not. They would be determining whether visible minority content can be accessed or not. Six white men would be making those decisions on behalf of those individuals who are putting their content out online and on behalf of Canadians who wish to access that content.
I have not seen legislation this dictatorial since my time of first being elected in 2015. It is wrong and anti-democratic, and it is altogether harmful, not only to creators, but also to the millions of viewers who use platforms such as YouTube in order to access information and engage in the public square online.
It is wrong, and I would ask for Bill C-10 to be rescinded, at the bare minimum. When it gets to the Senate, I ask that, please do the due diligence; please research well; and please hear from witnesses who have not yet been heard from, namely the artists.
View Heather McPherson Profile
NDP (AB)
View Heather McPherson Profile
2021-06-14 22:47 [p.8404]
Mr. Speaker, my question is on the member's cousin and what is preventing her from sharing her stories and getting her content out there as a content creator.
We heard about the fact that the CRTC is six white men who are making decisions about what the CRTC deems as Canadian content, but when her family member puts content out on the Internet, does the member know who is now deciding who gets to see that content?
It is one white man. It is Mark Zuckerberg, or whoever is doing the algorithms. To say that it is not equal is an embarrassment to Canadian stories. I want to see Canadian content. I want to see Canadian content makers. Canadians deserve better than that.
View Michelle Rempel Garner Profile
CPC (AB)
Mr. Speaker, my colleague should understand that AI algorithms within social media platforms are not run by Mark Zuckerberg. That is just preposterous. Algorithms are built based on user-generated data. We could have a whole conversation here about data ownership policies, which are non-existent in this country.
In terms of the member's question, it is patently preposterous to the level of American senators asking Mark Zuckerberg about what an email is. It just belies such a lack of understanding on how this works. It is actually the opposite of what she said. AI-generated algorithms in social media platforms, for the most part, are feeding content to an individual end users based on their needs and wants, which is the perfect medium for social media and for Canadian content to be distributed around the world.
View Mark Gerretsen Profile
Lib. (ON)
Mr. Speaker, I would hate for my former education in computer engineering to come shining through, but the member is incorrect.
AI algorithms are not solely based on what the user wants, and I think that was the NDP member's point. They are also driven by what the individuals who control the lever want to push forward, and quite often that has to do with who is paying them to advertise. It would be a great world if AI-generated content was based solely from what the user wanted, but that is not the reality. The reality is that a lot of that is being driven by what the controller wants the user to see.
What the member from the NDP was trying to point out was that we have Conservatives standing up in this House saying that the federal government, the Prime Minister, is going to sit there with levers controlling who gets to see what. All the member from the NDP was trying to say is that it is already happening, and it is happening, in Facebook's case, by Mark Zuckerberg.
View Michelle Rempel Garner Profile
CPC (AB)
Mr. Speaker, what the bill would do is make the lever of control that guy who just spoke up, and that should send chills through the heart of every Canadian. Do they really want that guy and Liberal hand-picked appointees telling them what they want to watch? No. Again, it is the propping up of a system that is 40 years old, a system that has completely disrupted this.
Who is the lever on this? It is big lobbyists. It is big culture. It is all of these people who can afford to pay to maintain a monopoly as opposed to individual end users, and the Liberals have actually removed protection for them from the bill.
View Heather McPherson Profile
NDP (AB)
View Heather McPherson Profile
2021-06-14 22:53 [p.8405]
Mr. Speaker, I have been in the House for some time listening to the debate tonight, so it is an honour to finally stand and speak.
This past year, we have seen the very best and the very worst of government in our system of democracy. When all parties were working together as the committee of the whole to address the COVID-19 crisis, we saw how well the government could work together. I am going to talk about some of the ways it worked well before I get negative and talk about the ways it has not been working.
I want to make it clear it is not that all opposition party members supported everything the government did during the COVID period. I, for one, have stood in this House many times repeatedly challenging the government to do better, particularly when it came to protecting Canadians from COVID-19 and all of the detritus that came with it. I stood in the House to make sure there were public health rules in place, that there was sick leave, that Canadians could stay home if they needed to, that there were things in place to help fight the virus in Canada and around the world without having to choose between their own well-being and the health of others. I will keep doing that. I will keep standing in this House of Commons as an opposition member to urge the government to do a better job taking care of Canadians. I will stand in this House and get it to close loopholes in its legislation.
There is a company in my riding, Cessco Fabrication. I have brought up probably a dozen times in the House that the government's wage subsidy program is being used to pay for scab labour so that this company does not have to negotiate with its workers. I have brought it up time and time again, and I will continue to do that.
It is really important that I push for students, seniors and people with living with disabilities.
One thing members have heard me say so many times is that if we do not vaccinate people around the world, none of us is safe, and that I am disappointed in the government's response to that.
The government itself adopted many of the opposition solutions that were offered. The government did bring forward the 75% wage support, the CERB was $2,000 a month and there was limited support for students and paid sick leave. This is how the government should work. The government should propose and opposition members should make it better. I am proud, as a new parliamentarian, that I was able to do that. I am honoured to have been part of that effort.
However, this has not been the case with Bill C-10. In fact, the entire process, including the debate this evening, is an example of the worst forms of democracy and government. It started with an extremely flawed bill that the minister himself could not explain. When the bill was tabled in November, it was immediately apparent to everyone, the government included, that it was a flawed piece of legislation. The Yale commission clearly identified Canadians' concerns with how web giants were dominating our broadcasting and culture, but were excluded from the current Broadcasting Act and, thus not subject to oversight, not held to the same standards as Canadian companies and, worse yet, not contributing taxes or funds to the Media Fund. The bill, as it was tabled, ignored all of those issues and I stood with my colleagues in the NDP and said on the day that bill was tabled that this was going to be problem and we needed to fix this.
Facebook, YouTube, companies that make billions of dollars in revenue from Canadians and Canadian content were excluded from the bill. For anyone who was worried about what that proposed section 4.1 was, it was excluding social media. It was letting Facebook and YouTube off the hook. It was saying that they could use Canadian content and they did not have to pay for it. It was selling out our cultural sector. We needed to fix that legislation.
I was worried because we know that Facebook has lobbied the minister and the department over 100 times. Their incessant lobbying seemed to pay off. Representatives met over and over again and then, all of a sudden, they were not in the bill. The minister floundered in responses to questions about the bill and the lobbying. He was unable to answer questions about his own bill to Canadians, unable to answer questions about its application in committee and unable to defend its rationale from critics.
The result was a committee review process that at the very best of times was disorganized and at the worst was completely dysfunctional. I know that because I was there. I was on that committee.
Immediately, 121 amendments to the bill were filed. The minister has said that perhaps this is a normal number of amendments for a bill of such of complexity and the breadth and depth of this legislation means it is not surprising, but what was surprising was the number of government amendments filed. The government knew this legislation was flawed, so it was a clear indication the bill was not ready when it was tabled and that the minister was not ready to endorse and oversee it.
Still, and this is the most important point, Canadians need a broadcasting act. We have heard it time and time again in this House from everybody but the Conservative Party. We have a 30-year-old Broadcasting Act. It is well overdue for us to have legislation in this country that will fix the holes in the Broadcasting Act. Canada desperately needs an updated Broadcasting Act.
Canadian broadcasters, media companies, producers, filmmakers, writers and artists all need an updated Broadcasting Act. Canadians who value Canadian news and Canadian content need and want a broadcasting act as well. It was absolutely vital that we roll up our sleeves in committee and we fix this bill to create a broadcasting act that would work for Canadians. It was an excruciating process, because instead of working with my colleagues, many of whom I admire and who worked very hard in this committee, politics kept getting in the way.
Again, this is what I mean when I say the worst of government and democracy. The Conservatives saw a weak minister with a flawed bill, and rather than roll up their sleeves and do the work that needed to be done so we could fix this legislation, they smelled blood in the water and attacked. They took advantage of the committee process and the flaws in the bill to spread disinformation about the bill far and wide, and then they filibustered the committee so we could not even get to the amendments that would fix it. We could not even fix the things they raised as concerns because they would not stop filibustering the committee to allow us to do that.
All across Canada we were hearing the most outrageous accusations about the bill. I had one constituent tell me he had read that individual Canadians' tweets would not post until they had been reviewed for Canadian content by the CRTC. The things that were being told to Canadians by the Conservatives were absolutely outrageous.
I listened to the member for Lethbridge yell “freedom” so many times that I was in a panel with her and I thought maybe I was on a panel with Braveheart. All this did was waste time and confuse Canadians, and with a minister who could not adequately explain his bill, the disinformation campaign found oxygen it never should have had.
It brought us here to this evening to the last-second attempt to rush this bill through before the session ends. The government had six years to update the Broadcasting Act, and in the end, it served up a flawed bill that took so much work for us to fix.
As a member of the heritage committee, I worked very hard with my fellow members to close the Liberal loopholes and fix problems in the legislation. I voted in favour of a Conservative motion for a second charter review to ensure the Broadcasting Act would not infringe on personal freedoms of expression, and that review was done.
I supported a motion to force the ministers of justice and heritage to appear at committee to address concerns over freedom of expression. I proposed that the committee meet more often and for longer hours. I proposed to extend the deadline so more work could be done. I voted against closing debate and I even put forward a motion asking the committee to debate the bill through the summer months so we could get this work done. All the parties voted against that.
In the end, the Liberals closed the committee debate and we were forced to vote on amendments without even discussing them. It is not my idea of good government.
I fully welcome the attention that Bill C-10 has aroused in Canadians. The Broadcasting Act affects us all on a daily basis, and I am heartened to see so many Canadians engaged in the legislative process. It is true that many Canadians are profoundly misinformed about the bill, which is, of course, in no way their fault. I would say it falls very much on the shoulders of some of our members of Parliament who have taken great joy and have done an awful lot of fundraising off the idea, the misinformation that they are spreading and the fear that they are sowing among Canadians.
The issues addressed in Bill C-10 are complex and every country in the world is grappling with those issues right now, attempting to find a way to protect their own citizens, their own content, their own identity and their own media platforms from web giants that do not have to follow the same rules as everyone else, web giants that pull in hundreds of billions of dollars in revenue without giving anything back and companies that leave a swath of local and national media and entertainment venues languishing in their wake.
While I am dismayed by the disinformation permeating the debate on this bill, some of it coming from the web giants themselves in an attempt to resist and avoid regulation, I will vote for Bill C-10 because I worked so hard to fix this legislation. I worked so hard to make sure that people's freedom of expression was protected and that in the end web giants were held to account and that they were contributing to our broadcasting sector.
I have said it before and I will say it again: It is vital that we modernize the Broadcasting Act. The current version of the act was updated in 1991, before the Internet and before streaming services. The Broadcasting Act cannot, as it stands, address the new landscape. It cannot protect Canadians or Canadian content and it must be updated.
For me and my fellow New Democrats, the goal has always been to make sure that we had a bill that would make web giants like Facebook, YouTube and Netflix follow the same rules as Canadian companies and contribute to Canadian content just like Canadian companies are required to do. We have fought both to protect freedom of expression and to ensure that web giants are on an even playing field with Canadian companies. Canadian media and content are under extreme pressure and the web giants have a competitive advantage right now. That competitive advantage must end with this legislation.
Thanks in part to the amendments offered by all parties, Bill C-10 now would utterly protect individual rights to freedom of expression on all platforms. The CRTC powers are limited by this bill to broadcasters and the bill specifically excludes individuals from regulation. Users who upload content to social media services would not be subject to the act. In fact, the bill now contains four sections specifically exempting individuals from the act, and this bill would protect Canadian culture and heritage.
Arts and culture are at the heart of who we are. They are what make us Canadians. It is how we listen to and understand each other better. It is how we connect across the vast distances in our country and it is how we celebrate our identities. It is how we share our incredible stories with each other, in both official languages and with the entire world. We must protect our heritage and support a strong, independent arts and culture industry. Without that protection, Canadian talent will not thrive. We need Canadians to succeed on both digital and traditional platforms. Here at home and around the world, Canadian artists should be able to earn a decent living from their art, and this bill has an important role to play in making sure that the wide range of Canadian voices with stories to tell are those stories that we see on platforms.
When Bill C-10 is enacted, the next step is to increase the funding for CBC and Radio-Canada to help reverse the damage done by decades of funding cuts and unequal rules that have favoured foreign competition.
Our public broadcaster has a remarkable legacy of connecting all points of our country, and it needs a stronger future to help make sure Canadians have access to accurate, relevant information no matter where they live and no matter what language they speak.
View Tako Van Popta Profile
CPC (BC)
View Tako Van Popta Profile
2021-06-14 23:38 [p.8411]
Madam Speaker, I guess it should not have come as a complete surprise that the Liberal government would make strategic procedural moves to limit my freedom of speech as a member of Parliament wishing to speak up on exactly that topic: freedom of speech. I have heard from so many of my constituents that they were shocked at the government's attempt to limit their freedom by regulating the Internet, which, until now, has been a new-found tool of freedom of expression. People are starting to understand what the term “net neutrality” means and they want it protected. They are also starting to wake up to the prospect that their government wants to regulate this forum, the new public square.
The government members say they want to level the playing field. Canada's Conservatives support competition between large foreign streaming services and Canada's broadcasters, and we champion Canadian arts and culture, but a Conservative government would do so without compromising Canadians' fundamental rights and freedoms. We are calling on the Liberals to withdraw Bill C-10 or to amend it to protect freedom. If this is not done, a Conservative government would stand up for Canadians and repeal this deeply flawed legislation. While the NDP and the Bloc may be willing to look the other way on the freedom of expression, Canada's Conservatives will not.
What went wrong? The deeply flawed draft legislation, Bill C-10, became even more problematic after the Liberals had their way at committee. We have heard them say in this chamber on many occasions that user-generated content would not be regulated under the legislation, and they refer us to proposed subsection 2(2.1), which specifically exempts users from the new limiting regulations. However, proposed section 4.1 would have exempted social media sites like YouTube and TikTok, which consist of only user-uploaded programs, except that in committee the Liberals voted down this very important freedom of speech protector, even though their original draft legislation contained it.
Where does that leave us? Well, people using the Internet, speakers, are exempted, but the platforms they use are not, so the freedom really becomes illusory. That is what people are upset about with Bill C-10, and that is why Conservatives are fighting hard against it.
We have heard the Liberals say also that they just want big tech to be paying its fair share. In principle, we support that. The Conservative members of the heritage committee proposed an amendment to Bill C-10 that would have limited these limiting regulations to online undertakings with revenue of more than $50 million a year and 250,000 or more subscribers in Canada. If that amendment had passed, Bill C-10 would apply only to large streaming services, but the Liberals rejected it. I do not know why. This is a common-sense compromise put forward by the Conservatives to save the initial intent and the integrity of this legislation while still protecting Canadians' freedom of expression.
We have heard quite a bit about this. The idea of the CRTC regulating traditional media for Canadian content is deeply entrenched and widely accepted in Canadian culture, so why not the Internet too, which arguably is becoming the new preferred media? At first blush, that may make sense, but here is the problem. The legislation would regulate Canadian content by means of discoverability regulations that would require social media sites like YouTube to change their algorithms to determine which videos are more or less Canadian, all depending on a bureaucrat's opinion as to what is sufficiently Canadian.
We say, let the market decide. This is not what the Internet is, and it is not what Canadians want. We are hearing “hands off”. We are hearing about the democratization of the freedom of speech. The Internet is a new invention and it has given people, anybody with a computer, anybody with an iPad, anybody with a smart phone, the ability to publish on the Internet and to be heard, and it has led to the success of many, many artists, including Canadian artists.
Does that mean that the Internet and the contents posted on it should not be regulated at all? Of course not. The Internet is subject to all laws of general application, such as laws against promoting hatred and laws against inciting violence. There are laws for the protection of children, and there are laws against slander and libel, just to name a few.
Our freedom of speech, as protected by the Canadian Charter of Rights and Freedoms, is not unlimited. As my law professor explained on the first day of constitutional law, freedom of expression does not give a person the right to yell “fire” in a crowded movie theatre. Section 2(b) of the charter says everyone has the fundamental freedom of expression, but section 1 of the charter says that those rights and freedoms are subject to “such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”
Until the Liberals started talking about Bill C-10, that is what everyone understood to be the nature of this new medium called the Internet. The laws of general application should apply. Every other free and democratic country in the world understands that to be the case, and only Canada would go so far as to tell user-content social media platforms what to promote and what to demote. Therein lies our contention with Bill C-10.
We do not stand alone. This is what Peter Menzies, the former commissioner of the CRTC, had to say about Bill C-10 in its current state:
It’s difficult to contemplate the levels of moral hubris, incompetence or both that would lead people to believe such an infringement of rights is justifiable.
University of Ottawa professor Michael Geist stated:
In a free, democratic society we don’t subject basic speech to regulation in this way. Of course there are limits to what people can say, but the idea that a broadcast regulator has any role to play in basic speech is, I think, anathema to free and democratic society where freedom of expression is viewed as one of the foundational freedoms.
With the support of experts such as these, the Conservative Party has been promoting its opposition to Bill C-10 aggressively and, I might say, effectively. What is the government’s response? It is to shut down debate. Last week, with the help of the Bloc and the NDP, the Liberal government shut down debate at committee, and now it wants to shut down debate in Parliament. One has to love the irony of that. Here we are debating free speech and the government is aggressively shutting down parliamentarians’ right to be the voice for their constituents: Canadians who have come to appreciate the freedom, flexibility and effectiveness of having their voices heard on this 21st-century platform. Social media platforms are the new public square, and free speech on those platforms in the form of user-generated content must not fall under the regulatory purview of the CRTC.
Only the Conservative Party is standing up to protect this fundamental right that all Canadians enjoy. The government has misled Canadians about this bill. Exempting user content was a key part of Bill C-10's limitations. It was something we accepted and that helped get it through the parliamentary reading stages and committee without more dissent, but removing that exception at the very last minute makes Bill C-10 unacceptable. It is the most breathtaking power grab over online speech we have ever seen in Canada. The Liberal government wants to limit our rights to fight against that, and that is why Conservatives are standing up.
Results: 1 - 15 of 171 | Page: 1 of 12

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

For more data options, please see Open Data