Copyright Modernization Act

An Act to amend the Copyright Act

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Christian Paradis  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Copyright Act to
(a) update the rights and protections of copyright owners to better address the challenges and opportunities of the Internet, so as to be in line with international standards;
(b) clarify Internet service providers’ liability and make the enabling of online copyright infringement itself an infringement of copyright;
(c) permit businesses, educators and libraries to make greater use of copyright material in digital form;
(d) allow educators and students to make greater use of copyright material;
(e) permit certain uses of copyright material by consumers;
(f) give photographers the same rights as other creators;
(g) ensure that it remains technologically neutral; and
(h) mandate its review by Parliament every five years.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 18, 2012 Passed That the Bill be now read a third time and do pass.
May 15, 2012 Passed That Bill C-11, An Act to amend the Copyright Act, as amended, be concurred in at report stage with further amendments.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by adding after line 15 on page 54 the following: “(3) The Board may, on application, make an order ( a) excluding from the application of section 41.1 a technological protection measure that protects a work, a performer’s performance fixed in a sound recording or a sound recording, or classes of them, or any class of such technological protection measures, having regard to the factors set out in paragraph (2)(a); or ( b) requiring the owner of the copyright in a work, a performer’s performance fixed in a sound recording or a sound recording that is protected by a technological protection measure to provide access to the work, performer’s performance fixed in a sound recording or sound recording to persons who are entitled to the benefit of any limitation on the application of paragraph 41.1(1)(a). (4) Any order made under subsection (3) shall remain in effect for a period of five years unless ( a) the Governor in Council makes regulations varying the term of the order; or ( b) the Board, on application, orders the renewal of the order for an additional five years.”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by replacing line 11 on page 52 with the following: “(2) Paragraph 41.1(1)( b) does not”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by replacing line 25 on page 51 with the following: “(2) Paragraph 41.1(1)( b) does not”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 1 to 7 on page 51.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 24 to 33 on page 50.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting line 37 on page 49 to line 3 on page 50.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 17 to 29 on page 48.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 38 to 44 on page 47.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by adding after line 26 on page 47 the following: “(5) Paragraph (1)( a) does not apply to a qualified person who circumvents a technological protection measure on behalf of another person who is lawfully entitled to circumvent that technological protection measure. (6) Paragraphs (1)( b) and (c) do not apply to a person who provides a service to a qualified person or who manufactures, imports or provides a technology, device or component, for the purposes of enabling a qualified person to circumvent a technological protection measure in accordance with this Act. (7) A qualified person may only circumvent a technological protection measure under subsection (5) if ( a) the work or other subject-matter to which the technological protection measure is applied is not an infringing copy; and ( b) the qualified person informs the person on whose behalf the technological protection measure is circumvented that the work or other subject-matter is to be used solely for non-infringing purposes. (8) The Governor in Council may, for the purposes of this section, make regulations ( a) defining “qualified person”; ( b) prescribing the information to be recorded about any action taken under subsection (5) or (6) and the manner and form in which the information is to be kept; and ( c) prescribing the manner and form in which the conditions set out in subsection (7) are to be met.”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by adding after line 26 on page 47 the following: “41.101 (1) No one shall apply, or cause to be applied, a technological protection measure to a work or other subject-matter that is intended to be offered for use by members of the public by sale, rental or otherwise unless the work or other subject-matter is accompanied by a clearly visible notice indicating ( a) that a technological protection measure has been applied to the work; and ( b) the capabilities, compatibilities and limitations imposed by the technological protection measure, including, where applicable, but without limitation (i) any requirement that particular software must be installed, either automatically or with the user's consent, in order to access or use the work or other subject-matter, (ii) any requirement for authentication or authorization via a network service in order to access or use the work or other subject-matter, (iii) any known incompatibility with ordinary consumer devices that would reasonably be expected to operate with the work or other subject-matter, and (iv) any limits imposed by the technological protection measure on the ability to make use of the rights granted under section 29, 29.1, 29.2, 29.21, 29.22, 29.23 or 29.24; and ( c) contact information for technical support or consumer inquiries in relation to the technological protection measure. (2) The Governor in Council may make regulations prescribing the form and content of the notice referred to in subsection (1).”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by adding after line 26 on page 47 the following: “41.101 (1) Paragraph 41.1(1)( a) does not apply to a person who has lawful authority to care for or supervise a minor and who circumvents a technological protection measure for the purpose of protecting the minor if ( a) the copy of the work or other subject-matter with regard to which the technological protection measure is applied is not an infringing copy; and ( b) the person has lawfully obtained the work, the performer’s performance fixed in a sound recording or the sound recording that is protected by the technological protection measure. (2) Paragraphs 41.1(1)( b) and (c) do not apply to a person who provides a service to a person referred to in subsection (1) or who manufactures, imports or provides a technology, device or component, for the purposes of enabling anyone to circumvent a technological protection measure in accordance with subsection (1). (3) A person acting in the circumstances referred to in subsection (1) is not entitled to benefit from the exception under that subsection if the person does an act that constitutes an infringement of copyright or contravenes any Act of Parliament or of the legislature of a province.”
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by deleting lines 21 to 40 on page 46.
May 15, 2012 Failed That Bill C-11, in Clause 47, be amended by replacing line 25 on page 45 with the following: “measure for the purpose of an act that is an infringement of the copyright in the protected work.”
May 15, 2012 Failed That Bill C-11, in Clause 22, be amended by deleting lines 30 to 34 on page 20.
May 15, 2012 Failed That Bill C-11, in Clause 22, be amended by deleting lines 33 to 37 on page 19.
May 15, 2012 Failed That Bill C-11 be amended by deleting Clause 62.
May 15, 2012 Failed That Bill C-11 be amended by deleting Clause 49.
May 15, 2012 Failed That Bill C-11, in Clause 27, be amended by deleting line 42 on page 23 to line 3 on page 24.
May 15, 2012 Failed That Bill C-11, in Clause 27, be amended by replacing lines 23 to 29 on page 23 with the following: “paragraph (3)( a) to reproduce the lesson for non-infringing purposes.”
May 15, 2012 Failed That Bill C-11, in Clause 21, be amended by adding after line 13 on page 17 the following: “(2) The Governor in Council may make regulations defining “education” for the purposes of subsection (1).”
May 15, 2012 Failed That Bill C-11 be amended by deleting Clause 2.
May 15, 2012 Failed That Bill C-11 be amended by deleting Clause 1.
May 15, 2012 Passed That, in relation to Bill C-11, An Act to amend the Copyright Act, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Feb. 13, 2012 Passed That the Bill be now read a second time and referred to a legislative committee.
Feb. 13, 2012 Passed That this question be now put.
Feb. 8, 2012 Passed That, in relation to Bill C-11, An Act to amend the Copyright Act, not more than two further sitting days shall be allotted to the consideration at second reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the second day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
Nov. 28, 2011 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “the House decline to give second reading to Bill C-11, An Act to amend the Copyright Act, because it fails to: ( a) uphold the rights of consumers to choose how to enjoy the content that they purchase through overly-restrictive digital lock provisions; (b) include a clear and strict test for “fair dealing” for education purposes; and (c) provide any transitional funding to help artists adapt to the loss of revenue streams that the Bill would cause”.

Motions in AmendmentCopyright Modernization ActGovernment Orders

May 14th, 2012 / 12:20 p.m.
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Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, that is not our intention. It was mainly about the opportunity to make amendments that will make people aware of the fact that this bill is completely unsatisfactory.

I know that my colleague is an artist and, because of Bill C-11 and its predecessor, Bill C-32, I am happy that he is an MP. Finally, he is doing better than if he were an artist. It is not that I do not think he is talented, on the contrary. But one thing is certain: this bill puts a serious damper on emerging artists' hope that they will one day earn a living from their work.

In my riding, many painters have the opportunity to showcase their work at a number of artists' symposiums. The career of a young woman from Victoriaville, for example, took off thanks to her hard work and talent. She left her day job. She believed in her art and wanted to be an artist. She was lucky that people believed in her. But today, knowing that it would be increasingly difficult to earn a living from art and culture, I am not sure that we would see her work in major galleries, as I did in Quebec City. For that reason, the bill must be amended.

Mr. Speaker, I am pleased to rise today to debate the amendments proposed by the Bloc Québécois to Bill C-11. This is not the first time the Bloc Québécois has spoken against this bill. The government is presenting the same content it presented in the previous Parliament as Bill C-32. There are, in fact, no changes, although we had asked for changes.

We must be clear that not everything about this bill is bad. Changes certainly were needed with respect to copyright, especially in the field of new technology. Such technology really is new and was previously quite rare. In fact, some technologies did not even exist the last time. Now we must consider copyright as it relates to iPods and even the Internet. Thus, there are changes that follow naturally from progress and current events. Still, the government has once again rushed headlong into legislation without really consulting consumers, authors, artists and creators, of course, or a lot of other people.

Some parts of the bill are good, others are not. Therefore we have to try to introduce amendments. This gives us the opportunity to talk about Bill C-11 and the amendments that should be made. As it stands, the bill clearly favours big business over artists.

As my colleague from Bas-Richelieu—Nicolet—Bécancour is present, I would like to mention that, a little over a year ago, his initiative resulted in many artists coming to Parliament Hill—including his brother Luc Plamondon, the well-known lyricist—to meet with all the political parties. I do not know if they managed to meet with everyone, but I do know that a room was reserved in order for all the political parties to meet with these artists who came to tell us about the problems that Bill C-11 would create in terms of copyright.

When discussing copyright, we should not forget that MPs get a monthly paycheque. Factory workers get paid every week or perhaps biweekly. Everyone is compensated for their work no matter what sector they work in. Authors are compensated through copyright. When we take a look at the percentage of authors who earn a living from copyright, they are just barely surviving. By cutting this source of income, we are clearly telling the artists to work, to create and to do it for free.

A large number of creators came to Parliament Hill by bus. I do not know if it was the show business bus. However, one thing is certain: many stars were present. Artists from my area—Robert Charlebois, Dumas, Marie-Mai—were there. All these people came, not just because they are stars but also because they are often the spokespersons for other artists. All these stars are doing quite well. But there is a whole other group of artists, whom we could call emerging artists, who also deserve to be compensated for their work.

I commend this initiative by my colleague and that of former MP Carole Lavallée, who also did a tremendous amount of work on this file to help artists raise awareness among hon. members. Apparently it was not enough, because in this Parliament, after the election, the Conservatives reintroduced exactly the same bill and only changed its number. It is now Bill C-11.

It is a carbon copy of Bill C-32 and, like its predecessor, it seriously undermines creators and artists, who are the foundation of Quebec culture. Creators are not receiving their due under this bill. The Conservatives refuse to let them have royalties for the use of their works on new media: iPods, MP3s, the Internet and so on, as I was saying earlier. Internet service providers are not being held accountable under this bill, with some exceptions. As I was saying, that is why we are proposing amendments, in order to amend the bill to make servers and Internet service providers suitably accountable.

The Bloc Québécois supports copyright reform, but not what the Conservative government is proposing. If the government had wanted a serious bill, it would have consulted the stakeholders—I listed them earlier—including, chiefly, creators, consumers, the people who are specifically affected by these piecemeal measures that are likely motivated by this government's ideology and its bias for big business.

Nor is it surprising—because I was talking about Quebec culture in particular—that the Quebec National Assembly has unanimously denounced this legislation, which does not ensure that Quebec creators receive full recognition of their rights and an income that reflects the value of their creations.

It is clear that this bill will make our artists poorer and will benefit big corporations. The Conservatives did not listen to any of the legitimate criticisms and are proposing amendments that would significantly benefit the software, gaming, film and broadcasting industries, at the expense of our artists' rights. This explains why the representatives of 400 industries, 38 multinationals, 300 chambers of commerce and 150 CEOs applauded Bill C-32, while artists and even the Union des consommateurs, just to name a few, are condemning the bill, and rightly so.

Speaking of people who condemn the bill, I would like to quote Gaston Bellemare, president of the Association nationale des éditeurs de livres. In an article I read in Le Devoir some time ago, here is what he had to say about Bill C-11:

This is a direct attack on the values that have always defined Quebec...

Make no mistake, creators and cultural industries are not fighting for protections equivalent to those elsewhere in the world, despite the fact that globalization forces everyone to share the same playing field. That battle has already been lost. The United States, France, England, the giants that captured our markets quite some time ago...have increased the duration of protection to 70 years following the death of artists in order to provide an income to their descendants.

In this case, this is not even about income for creators. Of course, that is part of it, but we also need to think about the future, the people who will follow and who are family members of these artists, including both famous artists and lesser known artists. Canada obviously does not have these kinds of measures.

The battle to extend private copying levies to digital audio devices and e-readers has also been lost. The media campaign against the “iPod tax” [as the Conservative government called it] managed to convince consumers that the few extra cents collected on their mobile devices for creators would be an unacceptable hidden tax.

I just quoted Gaston Bellemare, president of the Association nationale des éditeurs de livre.

The Bloc Québécois has been accused of advocating an “iPod tax”, but this is not an iPod tax. It is a transfer based on how people are using contemporary platforms, and iPods are contemporary platforms. I apologize for using the brand name. People also talk about MP3s and other digital audio platforms.

I am old enough that I still own cassettes, which my girlfriend says is ridiculous. Not eight-tracks, but cassettes that I recorded music on. When we bought blank tapes, we paid a certain amount to cover copyright. We could not complain about that because we bought the tapes to record music, maybe music borrowed from a friend on a vinyl record. The sound quality was exceptional at the time, except for a little squeaking, but I think that was part of the listening experience, which some people find nostalgic and which can still be found today because it is still around. Obviously, we were not buying the records, so there had to be another way to compensate for copyright. I have many tapes like that, and I paid some form of copyright on all of them.

Now, I am also young enough that I have used blank CDs—that was the platform at the time—to record other CDs for personal use, not for sale in flea markets. People buying blank CDs paid a certain fee for copyright.

This is the same principle applied to digital devices. There is nothing wrong with adding a certain fee to the purchase price so that artists can be paid for their work. It is only fair.

In conclusion, there are many reasons, including this one, why we cannot agree to Bill C-11 as written.

Speaker's RulingCopyright Modernization ActGovernment Orders

May 14th, 2012 / noon
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Conservative

The Acting Speaker Conservative Barry Devolin

There are 23 motions in amendment standing on the notice paper for the report stage of Bill C-11.

Motion No. 8 will not be selected by the Chair as it was defeated in committee.

All remaining motions have been examined and the Chair is satisfied that they meet the guidelines expressed in the note to Standing Order 76.1(5) regarding the selection of motions in amendment at the report stage.

The motions will be grouped for debate as follows:

Group 1 will include Motions Nos. 1, 2, 3, 6, 7, 22 and 23.

Group 2 will include Motions Nos. 4 and 5 and 9 to 21.

The voting patterns for the motions within each group are available at the table. The Chair will remind the House of each pattern at the time of voting.

I shall now propose Motions Nos. 1 to 3, 6, 7, 22 and 23 in Group No. 1.

The House proceeded to the consideration of Bill C-11, An Act to amend the Copyright Act, as reported (with amendment) from the committee.

May 10th, 2012 / 6:20 p.m.
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Conservative

Rick Dykstra Conservative St. Catharines, ON

Thank you, Chair. I appreciate all your comments and the thanks you passed around. I won't repeat them, other than, on behalf of the government, to endorse them. I certainly agree, and we agree with all the comments you've made.

I remember that the ending of Bill C-11 and the result of the vote was a little different from what it was today, but I do want to say, as I said throughout our time of going through clause-by-clause—I may not have mentioned this during the witness phase—that I do believe in our process. I do believe in the system.

Every time I have been involved, since I've been elected federally, in moving legislation forward, second reading.... Many folks out there don't know the process we use to pass a piece of federal legislation, but the process we use is one that does have checks and balances. It has checks and balances whether we have it from a minority government perspective or whether we have it from a majority government perspective, and although those checks and balances may be a little bit different when you put the two against each other, the fact is that we came into this process, from a government perspective, listening and potentially making amendments. The outcome of what we see in Bill C-31 is from amendments that we believe came forward based on advice, based on legal opinions, and based on the opposition's perspective on this.

I am proud of the fact that we, as a government, as a committee, and as members of this committee, actually moved this forward understanding that no one can say that the 29 hours—close to 30 hours—of time we spent listening to witnesses and the additional countless hours we spent over the last couple of days moving through this bill have not been useful in making it a better piece of legislation.

Whether or not at the end of the day you support that piece of legislation is not nearly as important as the fact that the process we have in the Canadian parliamentary system actually works. It's proven through this piece of legislation that citizenship and immigration can and does work. I truly believe this is a better bill today than it was before it came to committee, and I will be certainly making those comments and statements at third reading.

This may not have the coming together of all the critics and the minister in the middle of the House of Commons shaking hands after third reading, but it certainly has us being able to look across the table and understand that the process we have gone through over the last number of weeks is one in which we have listened and we have worked with each other.

On the chair's comments with respect to how we've respected each other through this process, it's too bad people in the public say that question period is symbolic and that that treatment of each other is what the federal Parliament is all about. If you were to watch what happened here at committee—nobody would want to watch all of these countless hours—the fact is that we worked very well together.

It's a compliment to Ms. Sims, who jumped into this literally with the fire at her feet, based on the fact that she got the position less than 48 hours before we started clause-by-clause. My congratulations to her for a job well done on behalf of the official opposition.

Also Mr. Lamoureux, because he is a House leader, wasn't able to attend all of our meetings with respect to witnesses, but, Kevin, I can assure you that even when you're not here, your presence is heard.

Thank you very much.

I also want to thank my colleagues, who may not have said a lot here over the last couple of days, but they have repeated on a regular basis that this is a committee that we thoroughly enjoy sitting on. We have not only learned a great deal, but we feel we're having a pretty strong input into the process here in Ottawa.

Thank you very much.

May 10th, 2012 / 4:15 p.m.
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Conservative

Rick Dykstra Conservative St. Catharines, ON

Chair, there's a lot of discussion or mention about what Bill C-11 included, or which part of Bill C-11 is included in this bill. I've heard the opposition say they wish all of Bill C-11 was moving forward. This was part of Bill C-11, this whole issue around transgender issues. We looked hard and studied on a very detailed basis the fact that there would be countries where, regardless of their designation, individuals would be able to seek refugee status in Canada based on the persecution they faced for being gay, lesbian, or transgendered. That hasn't changed from Bill C-11, and I'm surprised to hear the opposition not wanting to support it, first, or to amend it.

Second, I would like to clarify that the witnesses we had who spoke to this issue were very much focused on the current process with which they were unhappy. They actually didn't provide proposals or options on how to improve Bill C-31. Their focus was on the issues they felt were unresolved and hadn't been dealt with through the current process. I do think this is what I believe to be part of, as you said, the great Canadian compromise, and part of that compromise is embedded in Bill C-31 based on what we learned from Bill C-11 on this issue. The witnesses who did provide the information on this issue very much emphasized the current problems they have with the current system, versus how they felt. While they indicated they didn't support Bill C-31, they didn't provide us with a detailed recommendation as to how to improve it.

Business of the HouseOral Questions

May 10th, 2012 / 3:05 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, our government's priority is, of course, the economy. We are committed to job creation and economic growth.

As a result, this afternoon we will continue debate on Bill C-38, the jobs, growth and long-term prosperity act. This bill implements the budget, Canada's economic action plan 2012, to ensure certainty for the economy.

For the benefit of Canadians and parliamentarians, when we introduced the bill, we said we would vote on it on May 14. The second reading vote on the jobs, growth and long-term prosperity act will be on May 14.

After tomorrow, which will be the final day of debate on this bill, we will have had the longest second reading debate on a budget bill in at least the last two decades.

On Monday and Tuesday we will continue with another bill that will support the Canadian economy and job creation, especially in the digital and creative sectors.

We will have report stage and third reading debate on Bill C-11, the Copyright Modernization Act.

This bill puts forth a balanced, common sense plan to modernize our copyright laws. Committees have met for over 60 hours and heard from almost 200 witnesses. All of this is in addition to the second reading debate on Bill C-11 of 10 sitting days.

After all that debate and study, it is time for the measures to be fully implemented so Canadians can take advantage of the updated rules and create new high-quality digital jobs.

Should the opposition agree that we have already had ample debate on Bill C-11, we will debate Bill C-25, the pooled registered pension plans act; Bill C-23, the Canada–Jordan free trade act; and Bill C-15, the strengthening military justice in the defence of Canada act in the remaining time on Monday and Tuesday.

Wednesday, May 16, will be the next allotted day.

On Thursday morning, May 17, we will debate the pooled registered pension plans act. This bill will help Canadians who are self-employed or who work for a small business to secure a stable retirement.

In the last election, we committed to Canadians that we would implement these plans as soon as possible. This is what Canadians voted for and this is what we will do.

If it has been reported back from committee, we will call Bill C-31, the protecting Canada's immigration system act, for report stage debate on Thursday afternoon.

May 10th, 2012 / 9:55 a.m.
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Senior Director, Strategy and Planning Directorate, Strategic Policy Sector , Department of Industry

Gerard Peets

I can perhaps start, and then perhaps my colleagues will want to join in.

Just to answer the last question first, a patent that's granted in Canada applies in Canada. These IP rights apply in the country that they're given in, and that's what's underlying the idea that you patent in the market that you want to sell in.

If it would be beneficial, I have my notes here on WIPO and some other international forums that I could just quickly walk you through.

The WIPO is a 185-member-state organization. It's there to promote the protection of IP and the harmonization of IP laws internationally. Canada has implemented the Patent Cooperation Treaty under that forum. Under Bill C-11, the Copyright Modernization Act, the rights and protections that are set out in two other treaties, which are referred to as the WIPO Internet treaties, would be implemented in our law. There are other treaties in the context of WIPO that are either finalized or being worked on.

There's also the WTO agreement on TRIPS, which is part of the WTO. It's a comprehensive, multilateral treaty that provides standards for the protection of IP rights that are binding, and procedures and remedies for enforcement, and they're subject to dispute settlement. That's been adopted by 154 countries, so it's very broad as well.

We've also taken on commitments in the NAFTA, which has an IP chapter. Recently Canada signed the Anti-Counterfeiting Trade Agreement, which is pluri-lateral, and it's been signed now by, I think, nine countries. It has standards for the enforcement of IP rights as opposed to the provision of IP rights in law.

May 9th, 2012 / 1:35 p.m.
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NDP

Alain Giguère NDP Marc-Aurèle-Fortin, QC

Mr. Chair, my colleague from North Delta, in Vancouver, clearly indicated what we want. We want to do away with the contemptuous aspect of penalizing people because they have been flagged as designed foreigners. That's unacceptable. Even the Canadian Bar Association supports our position. We need to listen to stakeholders as dependable as the Canadian Bar Association representatives, who are saying that this is a threat to Canada's judicial principles. So let's follow all the legal precedent.

In Canada, we have a charter of rights and freedoms, and we should start by respecting it, and not changing it based on extremely flexible security criteria. I want to point out that Bill C-11 and all other current pieces of legislation make it possible to screen out terrorists. That work is currently being done properly. This clause is nothing but a threat to our rights.

May 9th, 2012 / 12:40 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Thank you very much.

It's not going to come as a surprise to anybody around this table that the NDP is very, very concerned with the kind of speed with which we're going through this legislation. I don't know about the rest of my colleagues, but after hearing the hours and hours and days and days of testimony, there is a lot for us to review. It's not only the verbal testimony we heard, but the very thick briefs that were submitted. To read and digest all of that before we get into clause-by-clause, as you can imagine, all our brain cells need a little bit more time. That is why I brought that motion forward, or tried to, to say that we should suspend. It was not to say that we should never come back to it; it was to suspend.

New Democrats are concerned about the lack of time we're going to have. This was also eloquently stated by other witnesses, such as Peter Edelmann, from the National Immigration Law Section of the Canadian Bar Association. On May 1 he said: “What is of particular concern is the speed with which this complex legislation is being passed without the time to properly study it.” I really want to stress that: “without the time to properly study it”.

We're being asked to pass a bill on a very short timeline, and we don't know how many more unintentional consequences there will be. And they are in this bill. No one that I'm aware of has been able to study this bill in depth in terms of all of the unintended consequences. We simply haven't had time to study in depth this piece of legislation. Never mind not having studied the legislation, we've had witnesses—legal, community groups, refugees—who have come to present to us, and I don't think we've had adequate time to give all of that testimony due consideration either.

Notwithstanding that, there are key areas in this bill we have major concerns with, but as the official opposition we want to make things work. We are not here to try to slow things down. As a matter of fact, we can't wait to get to clause-by-clause, so I'm planning to keep my comments fairly brief. We do want to make things work. That's why we have submitted 20-plus amendments. We will be looking forward to seeing the amendments. We've seen them, actually, but we look forward to hearing the rationale. And if there are additional amendments from either the Liberals or the Conservatives, we will give them due consideration. We want to make this work for some of the most vulnerable people who are going to be arriving on our doorstep, and we want to ensure that they are granted due process.

Some of our key concerns have been highlighted and corroborated by many, many witnesses. I wish I had the time to read into the record all that they said, but we don't. These concerns include:

—The provision that gives the minister the power to hand-pick those countries he thinks are safe. This would do away with an independent panel of experts.

—The ability to detain refugee claimants for a year without review. Once again, that causes us major, major concern, because not only are we looking at contraventions of our international obligations, but of our own charter and constitution and habeas corpus.

—Measures to deny some refugees access to the new refugee appeal division, which, once again, is simply an anathema.

—A five-year mandatory wait for bona fide refugees to become permanent residents and reunite with their families.

Once again, I want to stress that one of the things we've often heard is about the security of Canadians, about protecting Canadians. Bill C-11, the Balanced Refugee Reform Act, agreed to by the parties and praised by the current minister, actually addresses those concerns, because current legislation allows for identification and security checks to be done before people are released.

With all of that in mind, one of the things we are very, very committed to and want to appreciate is that there has been some movement from the minister. We saw a little bit of it in the clause, and from what he said today we're looking forward to more. We will be looking at his proposals closely at committee and taking them very seriously.

That said, we've also heard overwhelmingly from witnesses in the past two weeks that this bill is fundamentally flawed. Tweaking it is not going to fix it. This bill does nothing to prevent human smuggling, since our punitive measures for smuggling are already there. What it does is punish yet again the most vulnerable people arriving on our doorstep.

We have a bill in place that could actually become operational. We could take a look at Bill C-11 over a longer period, study it, and make sure that we do it right. It's in all our interests to make sure that we do all our legislation right. We will be looking at all of the measures. My colleague from the Liberal Party clearly articulated the concerns that we have expressed, and that witnesses have expressed as well. On this piece of legislation, we need to take a break. We need to suspend and make sure that we do it right.

I want to appeal to my colleagues across the way. Let's take a suspension, let's operationalize Bill C-11, and let's do this right.

May 7th, 2012 / 6:10 p.m.
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Conservative

Rick Dykstra Conservative St. Catharines, ON

Let me ask you this more specifically. Two panels before...and I appreciate your acknowledging that really the only thing the UNHCR is doing to combat human smuggling is information campaigns.

We, actually...although there has been a lot from the other side saying not enough of Bill C-11has been implemented yet, one of the components of Bill C-11 was the appointment of Ward Elcock as our lead designate in countries where smuggling originates.

He's been in that position now for about a year and three months. Could you let the committee know what exactly the UNHCR has done in terms of working with Mr. Ward Elcock on fighting human smuggling?

May 7th, 2012 / 5 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Thank you very much.

I want to thank the three of you for coming to present before the committee.

As you know, we have our Bill C-11, and Bill C-11 hasn't been fully implemented yet. As a matter of fact, we've only implemented a very short part of it. So without seeing if the great Canadian compromise actually will resolve issues, we're now into the process of rewriting a legislation again.

My first question is for one of you, Reverends. Are you aware that as well as the threat of someone being sent back, losing their refugee status, or their PDR, if they travel back...or if in the country of their origin things improve, that exists, but also for the first five years they would not have travel documents, nor could they apply for family reunification? Then, once they apply at the end of the five years, you know we don't have a speedy system. It's like mercury after that as well.

So what kind of impact would that have on families that you have been dealing with? You have some experience of having that kind of a separation.

May 7th, 2012 / 9:15 a.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

The great Canadian compromise that's been talked about a lot but has never really been implemented is Bill C-11 in its entirety.

I know you talked about Australia a fair bit. In 2008, Australia reformed their immigration system because they saw there were some flaws in it. Can you explain the problems with Australia's past immigration policy, and how Bill C-31 will have the same problems?

May 3rd, 2012 / 9:20 a.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

I want to go back to Bill C-11 just briefly. Bill C-11 allows us, as the government, to hold people until identification happens. They are screened to see if anybody is a terrorist or has done other things in their previous lives. In light of that, it seems that this excessive aspect of this legislation is not necessary, that we could just go back to Bill C-11 and Canadians would get that same level of protection from it, whereas up to a year in prison does not seem to benefit anybody, although it costs the taxpayers even more money.

Thank you.

May 2nd, 2012 / 5:05 p.m.
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NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

If I remember from your original testimony, you did suggest that we should go back to what was in Bill C-11 and have the—