Bill C-327 (Historical)

An Act to amend the Broadcasting Act (reduction of violence in television broadcasts)

This enactment amends the Broadcasting Act to grant the Canadian Radio-television and Telecommunications Commission the power to make regulations respecting the broadcasting of violent scenes.

Bill C-377—Income Tax Act—Speaker's Ruling

[The Speaker, Andrew Scheer]

I am now prepared to rule on the point of order raised on November 22, 2012 by the hon. member for Rosemont—La Petite-Patrie regarding the need for a royal recommendation for Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations), standing in the name of the hon. member for South Surrey—White Rock—Cloverdale.

I would like to thank the member for Rosemont—La Petite-Patrie for having raised the matter; as well as the hon. Parliamentary Secretary to the Leader of the Government in the House of Commons; the hon. House leader of the official opposition; and the members for Saint-Lambert, Cape Breton—Canso and South Surrey—White Rock—Cloverdale for their interventions.

In raising this matter, the member for Rosemont—La Petite-Patrie explained that the provisions of clause 1 of the bill would result in expenditures of public funds in a manner and for purposes not currently authorized. Specifically, he claimed that a new entity within the Canada Revenue Agency, CRA, would have to be created to administer and enforce the provisions contained in the bill, and that there would be costs incurred in setting up a new computer system to meet the requirements of the legislation. These, he concluded, would constitute “new and distinct” costs, thereby creating a need for a royal recommendation.

Similarly, the member for Cape Breton—Canso argued that the bill envisioned a new function and purpose within the CRA and as such the terms and conditions of the royal recommendation that authorizes the agency's current spending would be altered. He also suggested that Bill C-377 would regulate the internal affairs of unions and the relationships with their members, thus giving the CRA a new labour relations function.

For his part, the Parliamentary Secretary to the Leader of the Government in the House of Commons rejected these arguments, claiming instead that the authority to spend for the purposes set out in the bill would fall under the general authority of existing broader provisions of the Income Tax Act, as well as the agency's general authorities under the Canada Revenue Agency Act. He illustrated this by referring to those portions of the Income Tax Act dealing with reporting requirements for charity organizations. He also stated that, should additional funds be required, the government would seek them from Parliament through an appropriation bill covering operating expenses.

The question before us is whether the implementation of Bill C-377 would constitute a new appropriation requiring a royal recommendation, or whether the costs would be administrative in nature and would fall under the ongoing mandate of the Canada Revenue Agency.

I would like to remind the House of the conditions under which a royal recommendation is required. As the member for Rosemont—La Petite-Patrie noted in his presentation, bills which authorize new charges for purposes not anticipated in the estimates require royal recommendations. House of Commons Procedure and Practice, Second Edition, at page 833 further states:

The charge imposed by the legislation must be “new and distinct”; in other words, not covered elsewhere by some more general authorization.

The Canada Revenue Agency already has the mandate to administer various tax and benefits regimes and to manage a broad range of other programs and activities. More specifically, section 5 of the Canada Revenue Agency Act mandates the agency to support the administration and enforcement of program legislation. Furthermore, in reviewing the documentation provided by the member for Saint-Lambert, which makes reference to specific cost information provided by the CRA in response to questions from the Standing Committee on Finance, the Chair notes the references made to section 220 of the Income Tax Act, which states:

(1) The Minister shall administer and enforce this Act and the Commissioner of Revenue may exercise all the powers and perform the duties of the Minister under this Act.

(2) Such officers, clerks and employees as are necessary to administer and enforce this Act shall be appointed or employed in the manner authorized by law.

In carefully reviewing this matter, it seems to the Chair that the provisions of the bill, namely the requirements for the agency to administer new filing requirements for labour organizations and making information available to the public, may result in an increased workload or operating costs but do not require spending for a new function per se. In other words, the agency, as part of its ongoing mandate, already administers filing requirements and makes information available to the public. The requirements contained in Bill C-377 can thus be said to fall within the existing spending authorization of the agency.

In a ruling given by Speaker Milliken on February 23, 2007, which can be found at page 7261 of Debates, he stated, in relation to the then Bill C-327, An Act to amend the Broadcasting Act (reduction of violence in television broadcasts), that:

Bill C-327 may or may not result in a greater workload for the CRTC, but the activities being proposed are within its mandate. If additional staff or resources are required to perform these activities then they would be brought forward in a separate appropriation bill for Parliament’s consideration.

It appears to the Chair that a similar situation would arise should Bill C-377 be enacted and, thus, that this particular ruling is directly relevant and applicable to the current circumstance.

A second ruling by Speaker Milliken, this one on December 3, 2010, Debates page 6803, in reference to then Bill C-568, An Act to amend the Statistics Act (mandatory long-form census), is also helpful. In that ruling it was apparent to the Speaker that the proposed legislation was not adding to or expanding upon the existing mandate of Statistics Canada and, thus, that the bill in question did not require a royal recommendation.

Accordingly, the Chair rules that Bill C-377 in its current form does not require a royal recommendation to proceed through the next stages of the legislative process.

I thank hon. members for their attention.

Bill C-377—Income Tax Act

[Tom Lukiwski, Conservative, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I do appreciate the member's attempt at brevity but I must say that it reminded of that old classic movie, Airplane from 1980, penned by Jim Abrahams and David Zucker.

What I kept thinking of when I was listening to his brief presentation was those continuous scenes where Ted Striker, the ex-army pilot who was afraid to fly would continue to tell stories to the people in the seat next to him and they would end up attempting suicide. However, I do want to thank my friend for being at least a little more brief than the official opposition House leader. I will attempt to be even briefer than my friend from the Liberal Party.

I rise to respond to last Thursday's intervention by the hon. member for Rosemont—La Petite-Patrie and yesterday's intervention by the hon. member for Saint-Lambert concerning a royal recommendation for Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations).

Bill C-377 was introduced on December 5, 2011, by the member for South Surrey—White Rock—Cloverdale and has since been read the second time and referred to the Standing Committee on Finance. The bill would amend the Income Tax Act to require labour organizations to provide financial information for public disclosure.

I would note that this bill was not identified by the Speaker as an item of concern with respect to the financial prerogative of the Crown, nor has it been the subject of an intervention by a minister of the Crown or a parliamentary secretary on behalf of one.

The hon. member for Rosemont—La Petite-Patrie argued that the provisions of the bill requiring labour organizations to submit financial information and the requirement for the Canada Revenue Agency to publish the information on a website with search tools somehow represent new and distinct charges on the treasury which are not currently authorized.

The hon. member for Saint-Lambert then added the information provided to the finance committee by the Canada Revenue Agency which provided estimates on the expected incremental costs associated with implementation.

There are procedural authorities and precedents for cases where a new royal recommendation was not required for incremental modifications to expand the operation of provisions already authorized by a royal recommendation. The hon. member for Rosemont—La Petite-Patrie cited page 833 of the second edition of the House of Commons Procedure and Practice. The most relevant portion pertaining to amending bills, such as Bill C-377, is that a royal recommendation is required for:

...bills which authorize new charges for purposes not anticipated in the estimates. The charge imposed by the legislation must be “new and distinct”; in other words, not covered elsewhere by some more general authorization.

Section 220 of the Income Tax Act provides the minister with the authority to administer and enforce the provisions of the act. Indeed, this authority was cited in the same materials provided to the finance committee which the member for Saint-Lambert cited yesterday.

In particular, subsection 220(2) provides broadly and generally that:

Such officers, clerks and employees as are necessary to administer and enforce this Act shall be appointed or employed in the manner authorized by law.

Clearly, the authority to retain any necessary staff has already been addressed by Parliament.

It may also be useful to add here that subsection 5(1) of the Canada Revenue Agency Act provides that:

The Agency is responsible for

(a) supporting the administration and enforcement of the program legislation....

Program legislation is, in turn, defined in section 2 of that act as:

....any other Act of Parliament....

(a) that the Governor in Council or Parliament authorizes the Minister, the Agency, the Commissioner or an employee of the Agency to administer or enforce, including the....the Income Tax Act....

Indeed, this broad mandate already enjoyed by the Canada Revenue Agency is addressed in response to the Liberal question 1(a) in the finance committee materials the hon. member for Saint-Lambert cited, which asked how Bill C-377 aligns with the Canada Revenue Agency's mandate.

The agency replied:

A measure introduced by Parliament that is incorporated into the Income Tax Act and falls under the responsibility of the Minister of National Revenue will be administered by the CRA. Parliament determines if a measure will be incorporated into the Income Tax Act.

In other words, the Canada Revenue Agency has already been given a broad, sweeping mandate to administer and enforce federal taxation laws. Meanwhile, other existing provisions of the Income Tax Act allow the minister to require certain persons or entities to file information for the purposes of taxation.

Specifically, for example, subsection 149(14) dealing with qualified donors provides a requirement for public foundations to

—file with the Minister both an information return and a public information return for the year in prescribed form and containing prescribed information.

In other words, the act already requires information to be submitted to the minister in a prescribed form and containing prescribed information. Therefore, this does not constitute a new function, mandate or duty for the minister or the agency.

The hon. member for Rosemont—La Petite-Patrie also argued that making the information public represented a new and distinct activity that was not currently authorized.

First, the agency has a comprehensive website which publishes lots of information and materials, so that would not be a new responsibility for the agency.

As for making information public, I would note that the Income Tax Act provides provisions now to that effect. Subsection 149(15) relates to information that may be communicated in respect of charitable organizations. It states:

—the information contained in a public information return...shall be communicated or otherwise made available to the public by the Minister in such manner as the Minister deems appropriate...the Minister may make available to the public in any manner that the Minister considers appropriate...

In other words, the act provides the minister with the authority to publish in any manner the minister considers appropriate the content of a public information return. That other information would fall within an existing mandate and duty does not, I submit, require a royal recommendation.

Turning to some precedents, on February 10, 1998, at page 3647 of the Debates, Bill S-3, an act to amend the Pension Benefits Standards Act, 1985 and the Office of the Superintendent of Financial Institutions Act, was found not to require a royal recommendation. In his ruling, Mr. Speaker Parent said, in a case where powers were expanded yet no royal recommendation was needed, that:

It seems fairly evident that the powers of the superintendent would be extended by Bill S-3. It may well be that additional expenditures would be incurred because of those enhanced powers of the superintendent. Should an increase in resources be necessary as a result of these new powers, the necessary allocation of money would have to be sought by means of an appropriation bill because I was unable to find any provision for money in Bill S-3.

The hon. member for Rosemont—La Petite-Patrie made mention of the additional tasks which would fall to the employees of the agency as well as training which might be required for the new filings. Your immediate predecessor's ruling, Mr. Speaker, at page 7261 of the Debates for February 23, 2007 on Bill C-327, an act to amend the Broadcasting Act answers this point, states:

Bill C-327 may or may not result in a greater workload for the CRTC, but the activities being proposed are within its mandate. If additional staff or resources are required to perform these activities then they would be brought forward in a separate appropriation bill for Parliament’s consideration.

More recent, on October 26, 2010, Mr. Speaker Milliken ruled concerning the need for a royal recommendation for Bill C-300, an act respecting corporate accountability for the activities of mining, oil or gas in developing countries. The bill, among other things, required the Minister of Foreign Affairs to establish a process for the examination of complaints concerning possible contraventions of the guidelines. The Speaker ruled then:

—the Chair is of the view that the examination of such complaints is not a departure from or expansion of the current ministerial mandate under the Department of Foreign Affairs and International Trade Act...Bill C-300 may put forth more stringent requirements, but it does not expand the mandate per se.

It may be that a reorganization of resources or even additional funds would be required, however, it appears these would be operational in nature.

I submit that Bill C-377 is consistent with the precedents cited in that it does not authorize a new expenditure of public funds. Rather it deals with the operation of provisions already authorized by Parliament which were accompanied by a royal recommendation at the time these provisions were enacted.

The hon. member for Rosemont—La Petite-Patrie mentioned that there was nothing set out in the recently tabled supplementary estimates (B) for this fiscal year. The hon. member for Saint-Lambert also claimed that this was confirmed in the agency's answers to finance committee.

Let us be clear. The usual practice we can expect to see unfold would be that the agency would account for its operations under Bill C-377, should it become law, in its estimates after the bill becomes law. That is a common practice with respect to any proposed legislation that has not yet been enacted. The supplementary estimates argument advanced by those hon. members is really a red herring in this entire debate.

Should Bill C-377 become law, the authority to spend for the purposes set out in the bill will be under the general authority of existing broader provisions of the Income Tax Act as well as the agency's general authorities under the Canada Revenue Agency Act. Should additional funds be required, the government would seek them from Parliament as part of the supply cycle through an appropriations bill in the ordinary manner for operating expenses.

I respectively submit that Bill C-377 does not require a royal recommendation and is properly before the House.

Canadian Heritage

[The Acting Speaker, Andrew Scheer]

Resuming debate. There being no further members rising, pursuant to order made earlier today, the motion to concur in the seventh report of the Standing committee on Canadian Heritage, recommendation not to proceed further with Bill C-327, is deemed adopted on division.

(Motion agreed to)

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, I appreciate the opportunity to add my voice to the debate on the seventh report of the Standing Committee on Canadian Heritage. The report essentially recommends that the House not proceed further with Bill C-327.

Bill C-327 proposes to introduce tougher regulations to regulate violence in television broadcasts. I will read the salient portion of the bill, which happens to be section 10.1(1). It states:

The Commission shall make regulations respecting the broadcasting of violent scenes, including those contained in programs intended for persons under the age of 12 years.

Although this was promoted as a bill that would protect children against TV violence, the actual wording within the legislation was much broader than that. It would give the Canadian Radio-television and Telecommunications Commission the power to institute regulations that would essentially censor violent programs on television.

Members of committee devoted a great deal of time to hearing from witnesses on the issue of media violence. Almost without exception, they gave the same clear message, and that was while well intentioned, the bill was not the right vehicle to address violence on television. In fact, it just simply was not going to work.

I want to thank my colleague from Rosemont—La Petite-Patrie for bringing the bill forward. I share his underlying motives in addressing this issue. We all want to see violence on television decrease, especially where it relates to children's programming.

When I first heard about the bill, my first response was that I could support it. Why would anyone not support a reduction in violence in children's programming on television, except perhaps those who profit from it? However, as I looked more closely at the legislation, I realized it was deeply flawed.

What would the bill do? As I mentioned, it would give the CRTC broad new regulatory authority to make regulations on violent programming on television.

What did the committee determine after it had listened to the witnesses? The witnesses gave evidence that even though studies showed there was a connection between TV violence and the acting out of violent acts in society, there was a similar body of evidence that seemed to contradict it. In other words, the jury is still out as to whether there is a connection between TV violence and violence in our society. I tend to agree with those who say there is a connection, but the evidence before committee was not clear. It was ambiguous.

Some witnesses also raised the issue of censorship. The proponent of the bill went to great lengths to try to show that this was not about censorship, but virtually every witness who appeared before us, when directly asked by myself and others on the committee, said that it was a form of censorship.

Some of the concerns they raised centred around where would we stop. Are we no longer allowed to see boxing on TV, or programs such as 24, or Prison Break or even ice hockey, because ice hockey sometimes has fights? Is that too violent? We get into that whole discussion.

We already have restrictions on violence in Canada. The Criminal Code outlines what types of violent acts shown in broadcast programs are unacceptable. Beyond that, the CRTC has not interfered in what is shown on TV because TV broadcasters themselves have adopted their own code and standards of broadcasting, which address violence on TV.

We see warnings on TV telling viewers that a violent program is coming up, or the program is going to include adult content. Those warnings are there as a result of the industry agreeing to comply with its own code. There are those who say that is only a voluntary set of standards. In fact, it is not voluntary, even though the word voluntary is used. The conditions of licence require broadcasters to comply with that code.

What is really remarkable is that we did something in committee that we do not do too often. We invited children to address us and to share their views on television violence. They came up with some interesting information. First, they talked about the changing face of media, such things as the Internet, podcasting and personal video recorders. These are technologies that allow children and adults to view broadcast material in many different ways. They also talked about the multichannel universe, the 500 channel universe, where someone in Vancouver could be watching television during family hour, say at 7 o'clock in the evening, and they could be watching a program that is being broadcast in eastern Canada during hours when adult programming would be shown.

They also talked about the V-chip and, remarkably, none of the children at the committee said that their parents had ever invested or installed a V-chip on their televisions. They also talked about how little parental supervision there really was over what they watched on TV or viewed on the Internet.

When we collectively took the information that came from the witnesses, there was a very clear consensus that further regulation and censorship of TV would not work. It was not that there are limitations that might be suitable. The problem is that with a changing technological environment, those limitations are almost useless, because children view their programming in many different ways that are not subject to restrictions.

We also heard that when parents closely supervise what their children watch on TV, those children give more thought about the programs they watch. I can speak from personal experience. I am the father of four daughters. As they were growing up, we were very involved in their lives. We would not allow them to play video games. It was just a choice we made. We invested in music lessons. The same applied to TV.

We made sure that whatever they watched on television or whatever videos they watched were appropriate to their age. We intervened in their lives and I believe their lives today reflect that. I encourage parents to take responsibility for their children because, ultimately, it is not the government, not the nanny state, that is responsible for children. It is not teachers and it is not the media literacy groups. It is parents themselves who have the best opportunity of intervening and protecting their children against violent programming that they should not be watching.

What are the solutions? I have already mentioned media literacy groups. These are groups in our society who actually teach children and parents about some of the strategies that they can employ to ensure the programming their children watch is wholesome.

Parental involvement I have also mentioned and ensuring we engage in the lives of our children. The V-chip is modern technology that we can use to ensure that violent programming is not brought into our homes where our children would be exposed to it.

We also have the role of the broadcasters. They already have a so-called voluntary code of conduct that addresses the whole issue of violence on television. From all accounts, that set of standards is working well.

The chair of the Canadian Radio-television and Telecommunications Commission also suggested a number of other things and the most important of those was the suggestion that our government introduce the right to impose administrative monetary penalties on those broadcasters who actually violate the standards that they have accepted as a condition of licence. We have accepted that as an excellent suggestion and we will be suggesting to the government that it move forward with introducing an intermediate set of administrative monetary penalties that will allow the commission to penalize those who actually do not follow the rules that are set for broadcasting violent programs on television.

That is why I support the committee's recommendation not to proceed with Bill C-327. It was not carefully thought out and it does amount to censorship. From the witness testimony, it was clear that it would not actually achieve the result that it was intended to achieve.

[Bill Siksay, NDP, Burnaby—Douglas, BC]

Mr. Speaker, I am pleased to have this opportunity to speak in the debate on the motion to concur in the seventh report of the Standing Committee on Canadian Heritage, which is a recommendation not to proceed further with Bill C-327, An Act to amend the Broadcasting Act (reduction of violence in television broadcasts).

As we have heard, Bill C-327 was tabled by the member for Rosemont—La Petite-Patrie in response to a petition of over 1.5 million Canadians, a petition spearheaded and headed by Virginie Larivière, a 13-year-old girl who was concerned about the role of television violence in the rape and murder of her younger sister. She gathered those petitions and presented them to the Mulroney government back a number of years ago.

The petition expressed the concern of over a million Canadians about the effects of violence on television in our society. This is clearly a very strong opinion about the circumstances and that issue. Members of Parliament needed to take that expression of concern very seriously. That is exactly what the member for Rosemont—La Petite-Patrie did when he proposed this private member's bill. He did absolutely the right thing in putting forward a serious attempt to address that issue raised by so many Canadians.

Unfortunately, there were problems identified with the bill as proposed. The most serious problem members of the Standing Committee on Canadian Heritage faced, after listening to testimony from many organizations and individuals, was that many witnesses saw this bill as giving the CRTC the power to censor television programing in Canada. This was seen a inappropriate by most of the witnesses and the members of the committee. It was a power that the CRTC should not have in the opinion of most of us, and I agree.

I have heard the concerns expressed around censorship and the freedom of cultural expression. Many of those have been raised recently regarding the Canadian film and video tax credit in the provisions of Bill C-10, which include a very broad possibility of the Minister of Canadian Heritage using guidelines to deny film and video tax credit based on personal sensibilities about what is appropriate film or video production in Canada. We have seen a great outcry from the cultural and arts community about that aspect of the bill.

We were very aware in the committee of that context of Bill C-10 and it was clear that we could not proceed with the provisions of Bill C-327 as they were presented.

There were also concerns that disputed some of the evidence presented in support of Bill C-327, including the way the numbers were used to compare the number of acts of violence in the Laval study, which my colleague from Rosemont—La Petite-Patrie has cited. It was also clear that television violence was only one source of violence today that Canadians and children faced. The Internet and video games were also very major sources of very violent programming and violence to which children and adults were exposed.

Therefore, for those reasons, I support the concurrence motion that we should not proceed with Bill C-327 as it was originally presented and as it cleared the Standing Committee on Canadian Heritage.

However, I want to point out that it became clear to me, as we worked on the bill in committee, there was the possibility for amending it to fully remove the censorship provisions and instead stress the further development of broadcast codes and media literacy education commitments. It was clear there were serious concerns in Canadian society related to violence on television and its effect on adults and children in our society.

It also became clear that media literacy education was an important approach to dealing with the concerns, an approach that deserved stronger support from government, the CRTC and broadcasters. Many organizations do that excellent work, and we heard from quite a number of them. We should ensure there is expanded access by adults, children, parents and educators to the work on media literacy and media awareness done by those organizations.

It also became clear that the development by broadcasters of codes of ethics, broadcast codes, programming standards, classification systems and related complaint mechanisms should be enshrined in the Broadcasting Act. I appreciate that private broadcasters have developed those codes, voluntarily originally. Now through the auspices of the CRTC it is more mandatory, but they belong in the Broadcasting Act.

We should also put into the act that such codes should be developed in consultation with government, the CRTC, cultural workers, media unions, media literacy and media awareness organizations, advocacy groups and interested individuals, among others, that such codes and classification systems should be formally reviewed every five years, comprehensively, independently and publicly, and that further analysis of the connections between the depiction of violence and violence in society should be part of the mandate of the CRTC and broadcasters, as should media literacy education and media awareness education for Canadians of all ages.

I proposed amendments that would do exactly those things, that would add all those aspects to Bill C-327 as originally proposed. I had an indication from the chair that my amendments would be seen as being in order.

I also had clear support for my amendments from the B.C. Civil Liberties Association, one of the groups that most clearly stated its concern and its opposition to the original bill because of what it saw as censorship provisions in the bill. It supported my amendments because it was clear that I had removed effectively all the censorship provisions from the bill.

Sadly, the Conservatives and Liberals on the committee would not even consider these amendments and then decided to recommend that the bill be abandoned without any discussion or debate on the amendments, which I had worked on, proposed and brought to the committee.

That was a serious disappointment. When we have the opportunity to consider private members' legislation at committee, we should go the whole way on that consideration. When members bring forward amendments to legislation before a committee, the committee should hear those amendments and have discussion on them. Sadly, that was short-circuited by the Standing Committee on Canadian Heritage in this regard.

I would not have been able to support Bill C-327 as it was originally proposed and now as it returns to the House. That is why I support the motion before us today that the bill be abandoned, that we not proceed with the bill.

However, there was something valuable in the proposal from the member for Rosemont—La Petite-Patrie. We could have rescued the bill and found in it, with some amendments such as the ones I proposed, something that would be worthwhile for Canadians and that would serve us well in the long run, something that merited more discussion. We should have debated it more thoroughly in committee at the end of our considerations.

However, given now that the only option before us is the original form of the bill, sadly I have to concur with the full committee that we should not proceed with the legislation, given the very serious problems.

[Denis Coderre, Liberal, Bourassa, QC]

Mr. Speaker, as a member of Parliament and a father of two young children aged 12 and 15, I want to begin by commending and congratulating my colleague from Rosemont—La Petite-Patrie on his efforts. This is a typical case of a commendable initiative that does not meet the required goals in practice. A number of reasons have been given, and I agree with them. In any event, the Liberal Party of Canada will accept this report for all the reasons that have already been given.

We are parliamentarians. The testimony we have heard indicates that everyone agrees with the principle as such. We therefore need to work together to set guidelines that will enable us to reduce violence and help our young people grow and develop in a healthy environment.

We are already debating Bill C-10 with regard to film production. There will be a debate on freedom of expression, control and so on. Looking strictly at Bill C-327, we can see that it is a commendable initiative whose goals were appropriate and certainly relevant. However, these goals would not be achieved in practice.

I also agree that we should have agencies such as the CRTC and self-regulation. Our committee is working very hard to give the CRTC the necessary tools and to give it more teeth, making a cause and effect link to ensure that when there are abuses or deficiencies on the part of the broadcasters, there can be, through the Broadcasting Act, cause and effect links and actions taken accordingly.

Unfortunately, this bill, in light of everything we have done, is becoming obsolete. That is why, pursuant to Standing Order 97.1 we recommended that the House of Commons not proceed further with the bill. That does not mean that nothing was done, but that exhaustive work had already been done.

I will not get into a political debate on the Conservatives, the Liberals, the NDP and the Bloc. All of us are either good parents or extremely aware of the relevance and importance of reducing violence. I am one of those who believes that it is not our role to regulate. That would lead us to a society where there is room for the arbitrary and possible censorship. How far will this go? I agree that there needs to be some structure and that we need to give agencies such as the CRTC the necessary tools to move from talk to action.

The work was comprehensive in scope. The member did a fine job, and he will be disappointed today. It is sad when a private member's bill does not pass. However, I would like to congratulate him because he contributed to moving this issue forward. He can tell his constituents and little Virginie Larivière that he did his job well, and that we all worked on this. Quite often, when our work entails creating legislation, we can have laudable objectives and present excellent proposals but, in terms of implementation, the situation as a whole must also be taken into consideration. Perhaps this is not the best approach. We did not move backwards, however. We continue to move forward. All of the members from the various parties contributed based on their own values and experiences. They shared their points of view.

It is also important to take time to read the whereas clauses.

Thus, we can see that we are all aiming at the same goal. I think that putting in all those “whereas” clauses provides the proper environment so people can understand that we have been doing our homework and that we are aiming at the same goal. However, as for the application itself, which is the legislation, we felt that in our case the Liberal Party of Canada could not proceed further.

We believe, and it is unanimous, in supporting freedom of expression, including everything regarding the media, film and television. As a start, it is important to talk about that.

Also, we believe that it is important to note the number of witnesses that came before the committee. It is not that we are deciding this in a partisan way. We have been doing our homework. We took the time to listen to the witnesses, including the children who came to tell us in their own way, with their own words, through their own experience, and with their own expertise what the application of Bill C-327 means. I think that is important to mention. I am a parent myself. There is always a need to relate that goal to education, to media literacy and clearly to parental engagement.

It was interesting when we had a little turmoil in putting together the motion, but everyone had the opportunity to put forward their words and explain clearly what they meant. I think the motion itself reflects that we have been doing a great job among ourselves.

Therefore, I truly believe that because it is the wrong means to achieve the goal, and because we believe in the goal, the Liberal Party of Canada, through Standing Order 97.1, will recommend that the House of Commons not proceed further with Bill C-327.

For all of these reasons, and for the work done by all of the members, I must say that the Standing Committee on Canadian Heritage did a fine job. I did not feel a blind partisanship as I have felt in other committees. We work well in that way. Again, I congratulate my Bloc Québécois colleague from Rosemont—La Petite-Patrie, and I would like to thank all of my colleagues. It is clear that we must accept this report as presented.

[Jim Abbott, Conservative, Parliamentary Secretary for Canadian Heritage]

Mr. Speaker, the seventh report of the Standing Committee on Canadian Heritage presented April 9, 2008 should be accepted. The report recommends that the House not proceed further with Bill C-327, An Act to amend the Broadcasting Act (reduction of violence in television broadcasts).

Violence in society is an issue of profound concern to every Canadian and is of concern to this government in particular.

First, I do want to thank the hon. member for Rosemont—La Petite-Patrie for his efforts to bring this bill before Parliament, not just in this session, but also in previous sessions.

The issue of violence in society has been a priority for this government. We continue to address it through initiatives to tackle crime. The age of protection, the age of sexual consent, has been raised from 14 to 16. People accused of gun crimes must now show why they should be on the streets while awaiting trial. There are tough new mandatory minimum penalties for those who commit serious gun crimes.

The tabling of Bill C-327 gave us an opportunity to have a constructive dialogue and to consider our accomplishments in Canada in limiting violence on television and in other media, particularly as it concerns children. It also gave the Standing Committee on Canadian Heritage the opportunity to hear from a diverse group of witnesses and gain a better understanding of the best approach to address the issue.

Bill C-327 would amend the Broadcasting Act to add as a policy objective “to contribute to solving the problem of violence in society by reducing violence in the programming offered to the public, including children”, and would mandate the CRTC to make regulations respecting the broadcasting of violent scenes.

During the second reading debate, the government explained that the Broadcasting Act already contains the necessary policy objectives and regulatory powers for the CRTC to deal with the issue of violence in broadcasting. It already makes broadcasters responsible for the programs they air and requires their programming to be of high standard.

The Broadcasting Act sets out a number of objectives for the broadcasting system. Central among these objectives is that the system should serve to safeguard, enrich and strengthen the cultural, political, social and economic fabric of Canada.

The Broadcasting Act also provides that all persons who are licensed to broadcast programs on television have a responsibility for what they air and that all programming originated by broadcasting undertakings should be of high standard.

Furthermore, the act states that the broadcasting system should encourage the development of Canadian expression by providing a wide range of programming that reflects Canadian attitudes, opinions, ideas, values and artistic creativity. In this regard the respect for the freedom of expression of creators and the provision of choice for Canadian audiences are key principles.

Our approach to the reduction of violence in television is one that balances freedom of expression and regulation where necessary, but not necessarily one of increased regulation.

We have systems and industry codes in place, including a code on violence that upholds societal norms of decency and integrity. The current approach gives Canadians the tools to make informed program choices for themselves and their families.

Canadians who have concerns over programming can make a complaint with the CRTC or the Canadian Broadcast Standards Council, an independent non-governmental organization which administers programming standards, including the code on violence. Both the CRTC and the Canadian Broadcast Standards Council have a rigorous review process in place to investigate complaints.

I would like to take this opportunity to thank members of the committee who worked on this private member's bill, especially for taking time to hear from more than a dozen witnesses and for conducting such a thorough review of the bill.

Violence on television is a sensitive issue and one that concerns us all. The committee heard from key representatives from the CRTC, the Canadian Broadcast Standards Council, media literacy organizations, teacher organizations, as well as advocacy and civil liberty groups. The committee also heard from children ranging in age who talked openly and honestly about their television viewing habits and their use of the Internet.

The key question we ask ourselves is this: will Bill C-327 achieve the goal of reducing violence in society, particularly as it relates to children?

What we found is that although there was broad support for the goal of reducing violence in society, almost all of the witnesses felt that Bill C-327 was not the right means for achieving that goal. Almost all believed that the regulatory measures contemplated by the bill would not be effective.

We heard that the CRTC already has the powers to make regulations concerning broadcasting of violent scenes and it has done so by requiring as a condition of license that broadcasters adhere to codes regarding violence on television. These codes were developed by the industry in consultation with Canadians and are designed to protect viewers from content they may find to not be to their wishes.

We also heard that the number of complaints concerning violent programming is generally low. From many of the witnesses, we heard that they were concerned with the potential for violations of free expression by the delegation to the CRTC of the power to make regulations respecting broadcasting violent content. We were reminded that Bill C-327 is directed toward the public, not exclusively toward children.

Some witnesses also talked about the difficulty in identifying the root cause of violent behaviour. As evidenced in the preamble, the bill presupposes a relationship between violence on television and violence in society.

However, whether there is a clear causal link between the two remains very much in dispute. There are everyday realities that we as a society must face, one being that we live in a society that unfortunately experiences violence.

The committee heard from many witnesses about the need for education, media literacy and parental engagement. They explained that media education and the fostering of media literacy skills in young people are key elements in any effective strategy to teach children how to be critical and thoughtful about the media they consume.

In contrast, we heard directly from children that they watch virtually anything they want, whether it is on television or the Internet. They questioned the effectiveness of wanting to regulate what they watch on television. With modern technology such as satellite television, digital cable and the Internet, they are able to access content from across Canada and the United States and, for that matter, all over the world.

The proposed bill has a limited ability to deal with these other potential sources of violent content. Therefore, we need to focus on encouraging parents to become more involved in the media choices their children make. We learned that kids and adolescents whose parents supervise their TV viewing and Internet usage are more likely to be aware of the negative impact of media violence.

I must tell members that just today the CRTC appeared before the standing committee to discuss administrative money penalties in testimony today. In regard to these AMPs, as they are known, we are now at the beginning of a process in which the committee is going to undertake to assist in giving a report on the efficacy and advisability of AMPs. The minister is looking forward to that report from the committee.

We are all deeply committed to the safety of our children and want less violence in our society. I do thank the hon. member for Rosemont—La Petite-Patrie for bringing this issue forward. However, witnesses convinced the House of Commons Standing Committee on Canadian Heritage that Bill C-327 is the wrong means to achieve the goal and would not serve Canadians in the long term.

I would therefore at this time encourage all members to accept the report of the Standing Committee on Canadian Heritage which recommends that the House of Commons not proceed further with Bill C-327, An Act to amend the Broadcasting Act (reduction of violence in television broadcasts).

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I am very pleased to rise here today to debate the seventh report of the Standing Committee on Canadian Heritage.

This report raised a number of debates in committee, but basically, it can be summarized by the following text:

Therefore, be it resolved that this Committee, pursuant to Standing Order 97.1, recommends that the House of Commons do not proceed further with Bill C-327, An Act to amend the Broadcasting Act (reduction of violence in television broadcasts) and that the Chair present the report to the House.

Before I explain what led the committee to adopt the report, I would first like to explain what motivated me, as a parliamentarian, to introduce Bill C-327. Why did I introduce this bill? I would remind the House that, in November 1992, a 13-year-old girl by the name of Virginie Larivière presented a petition signed by 1.5 million Canadians to the Canadian government, calling for legislation to reduce violence on television.

At the time, the images spoke volumes. The young girl presented the Conservative government, headed by Brian Mulroney, with a proper petition signed by 1.5 million Canadians. What did the government do then? It decided to accept a voluntary code governing violence on television, to trust radio and television broadcasters. Television broadcasters who signed on to the code committed to not broadcasting programs with scenes of gratuitous violence, to not exposing children to inappropriate programs, and to informing viewers of the content of the programs they chose to watch.

The voluntary code adopted by television broadcasters was the subject of an in-depth study at the time by the Standing Committee on Canadian Heritage. In June 1993, the committee determined that if the voluntary approach proposed to television broadcasters did not work—and it was failing to achieve the goal of reducing violence on television—Parliament should seriously consider legislation.

Now, 15 years later, 15 years after the voluntary code for television broadcasters was introduced, where are we?

The Université de Laval's media studies centre looked at this issue. The latest study available was released in 2004. The media studies centre no longer has the funding to do its work because the federal government decided to cut funding for researchers studying and analyzing programming. Nevertheless, the study found that over 10 years, violence had increased by 286%, 81% of depictions of violence on television were broadcast before 9 p.m., not after peak viewing hours for children, and 29% of movie violence was psychological in nature.

Over the past few years, violence on television has changed. We are seeing proportionally less physical violence and more psychological violence. Numerous studies have shown that the violence to which our children are regularly exposed in movies, and sometimes even in television dramas, influences their behaviour.

The report by Dr. Rudel-Tessier as a result of her coroner's inquest into the death of an 11-year-old boy on December 31, 2005, is still fresh in people's minds. In her report, the coroner described Simon's story.

—Simon [was] a lively, healthy boy with a bit of a sense of adventure. On December 30, 2005, at around 7:00 p.m., Simon and his father decided to watch the movie The Patriot on television.

As the report indicates:

The plans of Simon and his father to watch the movie together changed when an unexpected visitor arrived. The child started to watch the movie alone, and his father promised that he would come and join him. At around 8:10 p.m., the boy was found hanging from the ceiling with The Patriot still playing on the television. The movie was rated “13 and over with violence” in Canada.

According to the coroner [Dr. Rudel-Tessier], there was nothing to indicate that the boy had committed suicide. She said that he had almost certainly been trying to play out a scene from the film shown at 7:34 p.m. where the hero's oldest son is brought by soldiers to be hung from a tree. According to the coroner, Simon may also have been influenced by another scene, which was shown at 8:01 p.m.

Finally, she questioned whether the film should have been shown in the evening, at 7:00 p.m. This example proves that we must establish regulations to reduce violence on television. The voluntary code did not stop a major network from broadcasting Striking Distance, on August 7, 2007, at 8 p.m.; it is rated “18 years and over with violence and coarse language.” Another movie, Cradle 2 The Grave , was shown on September 12, 2007 at 8 p.m.; it is rated “14 years and over with scenes of violence and coarse language.” I believe it is time to take action.

I would remind members that, in June 1993, the House of Commons Standing Committee on Communications and Culture concluded that the self-regulation approach needed to be given a chance. I quote:

However, the committee did agree that if that approach did not work, legislation would need to be considered.

That is the spirit behind Bill C-327. The bill before you today would require the CRTC to adopt regulations to limit—and I emphasize, to limit—and not to prohibit violence on television; to monitor compliance by broadcast licence holders with their obligations concerning violence; to sanction those that violate the rules; and to hold hearings every five years to assess the results of this approach.

The attitude of the government and the Liberal Party of Canada, who refused to study the amendments proposed by the NDP that would improve the bill, is deplorable. In my opinion, in a democratic debate, when a bill is studied by a parliamentary committee, members on the committee must have the opportunity to present and consider amendments.

I would like to thank the NDP member who will speak today for deciding to work on this bill. I would like to say today that it is important and that we will vote—

[The Acting Speaker, Andrew Scheer]

Before moving on to questions and comments, I would like to inform the House that under the provisions of Standing Order 97.1(2) I am designating Tuesday, May 13, as the day fixed for the consideration of the motion to concur in the seventh report of the Standing Committee on Canadian Heritage. The report contains a recommendation not to proceed further with Bill C-327, An Act to amend the Broadcasting Act (reduction of violence in television broadcasts).

The motion shall be debated for one hour immediately after private members' business on that day, after which the House will proceed to the adjournment debate pursuant to Standing Order 38.

[Gary Schellenberger, Conservative, Perth—Wellington, ON]

Mr. Speaker, I have the honour to present, in both official languages, the seventh report of the Standing Committee on Canadian Heritage in relation to Bill C-327, An Act to amend the Broadcasting Act (reduction of violence in television broadcasts).

[Gary Schellenberger, Conservative, Perth—Wellington, ON]

Mr. Speaker, I have the honour to present, in both official languages, the fourth report of the Standing Committee on Canadian Heritage, requesting an extension of 30 sitting days to consider Bill C-327, An Act to amend the Broadcasting Act (reduction of violence in television broadcasts).

I am also pleased to present the fifth report of the Standing Committee on Canadian Heritage with respect to copyright legislation.

World Television Day

[Pauline Picard, Bloc, Drummond, QC]

Mr. Speaker, today we are celebrating World Television Day, as proclaimed by the UN in 1996 to encourage cultural and global exchanges of television programs with a focus on peace, security and social development.

Bill C-327 introduced in June by the hon. member for Rosemont—La Petite-Patrie will help regulate violence on television to provide young people with access to healthy television.

According to a study by the Centre for Media Studies at Laval University, acts of physical violence on television have increased 286% in 10 years and 81% of the acts of violence are seen on programs that start before 9 p.m.

On November 19, during World Day for Prevention of Child Abuse, the Centrale des syndicats du Québec issued a public statement to say that television broadcasters are not being responsible enough.

Business of the House

[The Speaker, Peter Milliken]

Order. It appears we have a few moments and to save time later I will inform members of something they are just aching to hear about now.

As hon. members know, our Standing Orders provide for the continuance of private members' business from session to session within a Parliament.

The list for the consideration of private members' business established on April 7, 2006, continues from the last session to this session notwithstanding prorogation.

As such, all items of private members' business originating in the House of Commons that were listed on the order paper during the previous session are reinstated to the order paper and shall be deemed to have been considered and approved at all stages completed at the time of prorogation of the first session.

Generally speaking, in practical terms, this also means that those items on the Order of Precedence remain on the Order of Precedence or, as the case may be, are referred to committee or sent to the Senate.

However, there is one item that cannot be left on the Order of Precedence. Pursuant to Standing Order 87(1), Parliamentary secretaries who are ineligible by virtue of their office to be put on the Order of Precedence will be dropped to the bottom of the list for the consideration of private members' business, where they will remain as long as they hold those offices.

Consequently, the item in the name of the member for Glengarry—Prescott—Russell, Motion M-302, is withdrawn from the Order of Precedence.

With regard to the remaining items on the order of precedence let me remind the House of the specifics since the House is scheduled to resume its daily private members' business hour starting tomorrow.

At prorogation, there were seven private members' bills originating in the House of Commons adopted at second reading and referred to committee. Therefore, pursuant to Standing Order 86.1:

Bill C-207, An Act to amend the Income Tax Act (tax credit for new graduates working in designated regions), is deemed referred to the Standing Committee on Finance;

Bill C-265, An Act to amend the Employment Insurance Act (qualification for and entitlement to benefits), is deemed referred to the Standing Committee on Human Resources, Social Development and the Status of Persons with Disabilities;

Bill C-305, An Act to amend the Income Tax Act (exemption from taxation of 50% of United States social security payments to Canadian residents), is deemed referred to the Standing Committee on Finance;

Bill C-327, An Act to amend the Broadcasting Act (reduction of violence in television broadcasts), is deemed referred to the Standing Committee on Canadian Heritage;

Bill C-343, An Act to amend the Criminal Code (motor vehicle theft), is deemed referred to the Standing Committee on Justice and Human Rights;

Bill C-377, An Act to ensure Canada assumes its responsibilities in preventing dangerous climate change, is deemed referred to the Standing Committee on Environment and Sustainable Development; and

Bill C-428, An Act to amend the Controlled Drugs and Substances Act (methamphetamine), is deemed referred to the Standing Committee on Justice and Human Rights.

(Bills deemed introduced, read the first time, read the second time and referred to a committee)

Furthermore, four Private Members' bills originating in the House of Commons had been read the third time and passed. Therefore, pursuant to Standing Order 86.1, the following bills are deemed adopted at all stages and passed by the House:

Bill C-280, An Act to Amend the Immigration and Refugee Protection Act (coming into force of sections 110, 111 and 171);

Bill C-292, An Act to implement the Kelowna Accord;

Bill C-293, An Act respecting the provision of official development assistance abroad; and

Bill C-299, An Act to amend the Criminal Code (identification information obtained by fraud or false pretence).

Accordingly, a message will be sent to inform the Senate that this House has adopted these four bills.

Hon. members will find at their desks an explanatory note recapitulating these remarks. The Table officers are available to answer any further questions that hon. members may have.

I trust that these measures will assist the House in understanding how private members' business will be conducted in this second session of the 39th Parliament.

(Bills deemed adopted at all stages and passed by the House)

The House resumed from April 20 consideration of the motion that Bill C-327, An Act to amend the Broadcasting Act (reduction of violence in television broadcasts), be read the second time and referred to a committee.

Broadcasting Act

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I would first like to thank all my Bloc Québécois, Liberal, NDP and Conservative colleagues in the House of Commons for taking part in this important debate on reducing violence on television during prime time, especially the hours when children are watching.

Although Bill C-327 was important a few days, weeks, months and years ago, it is even more vital today, in light of recent events. Eight years ago today, on April 20, 1999, the tragic events at Columbine High School left 12 students and several teachers dead and many people injured. Today, we mark the eighth anniversary of that tragic event, which teaches us that we must fight against all sources of violence in our society. Like it or not, television is an important medium that conveys our social values. I believe that we need regulations that establish a middle ground between total freedom of expression and total censure. We are not suggesting censure. Our approach is designed neither to censure nor to allow total freedom of expression, but to strike a balance so that programs with violent content that are intended for viewers 13 and over are broadcast after 9:00 p.m. That balance is there.

As we all know, after the Columbine massacre, another tragic event took place at Dawson College, where a young woman, Anastasia De Sousa, was killed. The crazed gunman who entered Dawson College was inspired by a number of violent films and events. That fact cannot be denied.

Most recently, this week, the greatest tragedy of its kind in the United States took place at Virginia Tech university. In 1999, Virginia Tech's communications department published a study showing that a person exposed to violent programs for a certain number of hours would begin to seek violent solutions to conflicts with others.

We should have reacted back in 1999 when Virginia Tech researchers sounded the alarm. Today, Bill C-327 proposes a balanced solution to reduce violence in our society by reducing violence on television. I hope that my colleagues here in Parliament will keep the tragic events of the past few years in mind and support Bill C-327.

[Jim Abbott, Conservative, Parliamentary Secretary to the Minister of Canadian Heritage]

Mr. Speaker, I have a quick comment about the Liberal member's speech.

My colleague from Wild Rose, who is a member of the justice committee, reminded me that it is the Liberal members on the justice committee who are shredding and gutting our government justice bills in committee. The member's complaints would be more genuine if he were to bring those complaints to his Liberal colleagues. I really do not think the Conservatives are very interested in taking lessons on justice issues, particularly when they are delivered by Liberals.

Today we are dealing with a very important subject that is a major cause for concern. Bill C-327, An act to amend the Broadcasting Act, that is before us today for debate has the worthy objective of reducing violence in Canadian society. The reduction of violence in society is a priority of Canada's new government and I want to thank the hon. member for Rosemont—La Petite-Patrie for his efforts in bringing this enactment before Parliament.

The tabling of Bill C-327 gives us an opportunity to consider our accomplishments in Canada in addressing the exposure of Canadians, and particularly children, to the violent and offensive content in television and other media.

Bill C-327 proposes that the Broadcasting Act be amended to alter the broadcasting policy for Canada. Furthermore, it proposes that the machinery of the broadcasting system be adjusted by mandating the Canadian Radio-television and Telecommunications Commission, the CRTC, to make specific regulations respecting the broadcast of violent scenes as a means to reduce violence in society.

Bill C-327, however, seems to ignore or discard any reference to or awareness of regulations, authorities or tools in current existence in Canada's broadcasting system. One such tool is the Canada Broadcast Standards Council.

The council's mandate is to oversee the administration of the Canadian private broadcaster codes. These currently include the Canadian Association of Broadcasters', CAB, sex role portrayal code, and the CAB violence code, both of which are imposed by the CRTC as conditions of licence for Canadian broadcasters, the CAB code of ethics and the Radio and Television News Directors Association of Canada code of journalistic ethics.

I should add that the CRTC last week issued a public notice calling for comment on a new CBSC code, the journalistic independence code. It would be administered by the CBSC and would be a CRTC condition of licence on Canadian broadcasters with ownership interests in both the print and broadcast areas.

There is another code in the offing, the equitable portrayal code. It will in due course extend to all communities the benefits hitherto available on the basis of gender alone, under the terms of the sex role portrayal code. It should be the subject of another CRTC public notice this year.

It is essential to note that the codified standards reflect Canadian values.

In the exercise of the CBSC mandate, they have since 1991 received complaints from tens of thousands of Canadians about all forms of programming, whether in the news and public affairs area, drama, comedy, talk radio or television, entertainment news magazine shows, feature films, reality programming, children's programming and so on.

Moreover the CBSC receives the expression of those concerns directly and indirectly. Even those which are initially sent to the CRTC are, with rare exception, forwarded to the CBSC for resolution. They deal with approximately 2,000 complaints every year from Canadians who are unhappy about something they have seen or heard on the airwaves.

What relates to this debate is that as a percentage of complaints to the CBSC, those relating to violence on television have been steadily declining by a huge margin, namely 37%, between 2001 and 2006.

Moreover, Bill C-327 would add nothing to the panoply of tools the CBSC has to deal with the subject, since issues relating to violence on television are already thoroughly covered by the combination of the CAB violence code and the CAB code of ethics, and rigorously enforced by the self-regulatory system solidly entrenched in the Canadian broadcasting system.

There is already a watershed hour that is not limited to violence intended for adults. It restricts all forms of adult content to the post-9 p.m. period.

We already have provisions for ratings and viewer advisories, which apply well beyond violence on television. To protect children from inappropriate television programming, we already have the most detailed provisions that can be found anywhere in the world. Bill C-327, if passed, would deliver less to the Canadian public than we already have.

For my friends in Parliament who will be voting on this bill, permit me to repeat that last sentence. Bill C-327, if passed, would deliver less to the Canadian public than we already have.

It is a mark of the success of the Canadian private broadcasters' self-regulatory system that it does not require the huge financial penalties of the American regulatory process to work. The system works because the private broadcasters have committed themselves to the process. They created it. They support it financially. Ninety-five per cent of the broadcasters in Canada pay into the CBSC.

Most importantly, though, they support it morally. After all, they live in the communities in which they broadcast. They want the CBSC to deal with all substantive public concerns about content, not just some of them. They want to tell Canadians, in their languages of comfort, how to access the self-regulatory process. Thoughtful Canadian viewers will recall the number of times there have been public service announcements, at the broadcaster's expense, that have directed them to the CBSC.

I would ask hon. members to consider the overall government approach to media violence. Media literacy and empowerment is a central tenet of the Government of Canada's approach to media violence.

Strategies to combat violence in various media and to protect children in particular from injurious information and material transmitted through the media, Internet, videos and electronic games include the Canadian strategy to promote safe, wise and responsible Internet use, called the CyberWise strategy, and the work of federal-provincial-territorial officials to mitigate against the exposure of children in particular to violence in video games.

It is important for us to acknowledge that we have a limited jurisdiction over foreign television signals as well as the material that may be accessed through other media outlets such as the Internet. Foreign television and radio signals can be received over the air by any Canadian residing near the U.S. border. The CRTC has no tools to deal with these broadcasts. The CRTC authorizes some foreign services for distribution in Canada. As they are authorized but not licensed by the CRTC, the conditions of licence imposed on Canadian broadcasters do not apply and they are not subject to the Canadian broadcasting industry's code of conduct and ethics.

I was informed yesterday that for a $60 one time fee I can access foreign satellite programming from anywhere in the world, delivered to me on my computer by any high speed ISP. This is not the future. This is now, today. The service bypasses the CRTC or any regulatory authority by direct, uncensored, uncontrolled technology.

In the current media environment, we find ourselves living in a global village. It is more important than ever that Canadians be well informed about the content they may be exposed to and the possibility of new technologies, but also about the potential harmful effects and limitations.

Just as we cannot be with our children at all times to keep them safe from harm, with the digital revolution we cannot protect our children and other Canadian audiences from controversial and objectionable content that originates from all over the world, and which, as we know, can be accessed by those who are determined.

Hon. members may take note of the recent launch of National Media Education Week. This initiative is precisely the sort of action through partnership that this government supports.

In conclusion, yes, we support measures that will combat violence and crime in society, but this government should not support the regulatory measures and legal sanctions advocated in Bill C-327 because the Canadian public will end up net losers.

[Luc Malo, Bloc, Verchères—Les Patriotes, QC]

Mr. Speaker, I am especially pleased to rise in this House to give my support to Bill C-327, An Act to amend the Broadcasting Act (reduction of violence in television broadcasts), introduced by my colleague the hon. member for Rosemont—La Petite-Patrie. Allow me first to congratulate him on the importance of this legislation that was inspired by his personal experience. The effect violence in television had on his child pushed the hon. member for Rosemont—La Petite-Patrie to do something concrete, positive and brave.

The small screen holds a significant place in our lives. It contributes to defining our identity. Childhood memories of television are lasting and young watchers are impressionable. That is why it is right to be concerned about the quality of programming being offered to children, especially since according to Canada's Report Card on Physical Activity for Children , more than 80% of youth watch more than two hours of television a day, which exceeds the maximum recommended by medical organizations.

This bill reminds broadcasters that they, like the public, have certain responsibilities and that through attractive and modern formats they can leave more room for positive models that can provide young people with inspiring examples. I am thinking in particular about the athletes that Luc Dupont, marketing expert at the University of Ottawa communications department, recently described as dream sellers. I would add that they also sell hope: athletes from the Alouettes and the Canadiens give sick children the courage to hang on, simply by visiting them in hospital.

Not so long ago, Julie, a constituent from Varennes, told me the story of her little boy. Samuel, inspired by the champion Shawn Sawyer, asked his mother to sign him up for figure skating lessons and this year he won two medals in that discipline. I am convinced that this simple story of emulation is a reality experienced by many families.

Athletes can inspire change in lifestyle habits, which is not just desirable but also urgent. The number of young people who are physically out of shape has increased dramatically over the past few years.

This fall, a study on the physical activity of young people in Canada showed that at the age of 13, 10% to 21% of girls never participate in continuous activities. The rates are almost as high with boys. Even worse, at 15, 18% to 34% of girls do not participate in any activity that gets their heart pumping, and the same goes for 10% to 27% of boys. There are consequences to this inactivity, since according to the Association pour la santé publique du Québec, 15% of young Quebeckers are overweight, and 7% are obese.

Ultimately, there needs to be a plan to reduce the number of hours spent in front of the television and to increase the amount of physical activity.

At the federal-provincial-territorial conference of ministers in charge of sports, physical activity and leisure, which was held in Whitehorse in February, and which I had the privilege of attending, a presentation from the Canadian Fitness and Lifestyle Research Institute confirmed that children are not active enough, to the point that their growth and development are compromised.

In order to address this worrisome situation, would it not be good to take this opportunity to offer positive role models on television to children, instead of violent images and behaviour, which are hardly part of a healthy lifestyle?

Making people responsible is no longer a long-term solution to the problem of children who are out of shape or obese. It is about time that we take action with respect to their environment. This is what was recommended in a study carried out jointly by the Institut de la statistique du Québec and the Institut national de santé publique du Québec, entitled “Excès de poids dans la population québécoise de 1987 à 2003”. This study concluded that:

—behaviour related to nutrition and physical activity...is not really the result of a person's free choice, but rather a response to environments where there is a mix of powerful economic, cultural and political forces.

The fact is—it can hardly be denied—that television is an economic, cultural and political force. It is therefore imperative to mobilize all players in the television industry to achieve the widest possible consensus around the major public health issue that sedentary living represents.

Instead of trying to put the blame on someone, we should use television and the power it obviously has to influence, to change attitudes and bring about the necessary behavioural changes. Members will recall that, following the Montreal Olympics and the outstanding display of grace and flexibility of Nadia Comaneci, in 1976, gymnastics enjoyed a sudden surge in popularity. At the time, the CBC had innovated, providing viewers with some 12 hours of television coverage per day, thereby allowing the public to familiarize itself with many little-known sports. The power of an image is such that it can foster callings in sports. The medals won by athletes like Gaétan Boucher and Marc Gagnon have helped Quebec become a real breeding ground of elite speed skaters.

Conversely, there were also a number of unfortunate incidents involving young children who sustained serious injuries trying to imitate professional wrestling stars. A few years ago, the TVA network, a private broadcaster in Quebec, decided to take off the air these types of shows which had until then been a staple in Sunday morning entertainment.

But that type of program is a far cry from Les Héros du samedi, which was a television show from my childhood. Everyone I meet in the context of the sporting events I attend as spokesperson for my political party seems to agree that that program served as an excellent showcase and was a great initiative on the part of Radio-Canada. That program unfortunately disappeared over 15 years ago, and many people are asking themselves what the public broadcaster is doing today to diffuse positive sports messages.

In February, Sports-Québec appeared before the Standing Committee on Canadian Heritage to present its position regarding the role of a public broadcaster in the 21st century. The evaluation of the situation by this key player in the Quebec sporting community is clear and unmistakable. When it comes to the broadcasting of Quebec's French-language organized sports, the Canadian Broadcasting Corporation has almost completely failed to fulfill its responsibilities, to such an extent that French-speaking viewers are now forced to turn to the public broadcaster's English network. This situation is unacceptable, as indicated by Sports-Québec:

For increasing numbers of young [Canadians] who want to have sport in their lives today and tomorrow, we must stimulate them and give them models. However, this right to hear about those of our athletes who inspire them is as legitimate for young francophones as it is for anglophones.

Since sports are an integral part of culture, Sports-Québec has concluded that the Canadian Broadcasting Corporation is not adequately fulfilling its role and recommends, among other things, that the legislated mandate of the CBC/Radio Canada, “include the responsibility to contribute to the promotion of healthy living habits ... ”, that the CBC/Radio Canada “produce and broadcast promotional material on improved physical fitness” and that “programming for children and youth include segments popularizing healthy living habits”. Thus, Sports-Québec is laying the foundation for a responsible image of sports, particularly organized sports, on public television.

As parliamentarians, it is our responsibility to create the conditions within our society that facilitate and promote the development of our children and youth. What role models would we like to give them? What kind of demonstrations should we present? These are important questions and Bill C-327 opens the door to television programming that will promote values to contribute to the development of the people watching. The bill does not propose censorship of television. Rather, as indicated by this bill's sponsor last January, it is about adjusting broadcasters' programming to ensure they respect all members of the viewing public.

The House resumed from January 30 consideration of the motion that Bill C-327, An Act to amend the Broadcasting Act (reduction of violence in television broadcasts), be read the second time and referred to a committee.

Bill C-327

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, today, we are debating Bill C-327, which I am sponsoring in the House of Commons and which aims to reduce violence on television.

Eight years ago today, on April 20, 1999, the Columbine shooting took place. Closer to home, we also remember the tragic events at Dawson College on September 16, 2006, and the massacre this week at Virginia Tech University. Such events remind us of the importance of reducing violence in our society and especially on television.

A recent study by the communications department at Virginia Tech shows that someone who is exposed to violent programs and movies for a certain number of hours could decide to commit acts of violence to settle disagreements with others. It is therefore our duty as parliamentarians, citizens and parents to make sure our children can live in an environment where violence—which realistically cannot be completely eliminated— is better monitored and less accessible to children.

I invite my colleagues to vote in favour of Bill C-327.

Bill C-327—Broadcasting Act—Speaker's Ruling

[The Speaker, Peter Milliken]

On January 30, 2007, just prior to debate on Bill C-327, An Act to amend the Broadcasting Act (reduction of violence in television broadcasts), a point of order was raised by the Parliamentary Secretary to the Leader of the Government in the House of Commons to the effect that this bill required a royal recommendation.

The sponsor of the bill, the hon. member for Rosemont—La Petite-Patrie, and the hon. member for Mississauga South also made interventions arguing that this bill did not infringe on the financial initiative of the Crown.

The Chair thanks the hon. members for having addressed this matter at an early opportunity so that a ruling could be delivered before the question is put at second reading.

In his submission, the Parliamentary Secretary argued that clauses 1 and 2 of the bill were adding a new purpose to the Broadcasting Act.

These provisions would give new powers to the Canadian Radio-television and Telecommunications Commission to regulate violence on television, verify broadcasters’ compliance, issue annual reports, and undertake a five-year review including the holding of public consultations. These activities, it was argued, were new responsibilities that would clearly require spending.

Citing rulings delivered on February 8, 2005, May 9, 2005, and September 19, 2006, the parliamentary secretary stated that these precedents express the principle that a royal recommendation is required when a bill proposes significant change in the mandate of a public body that entails spending.

In short, the parliamentary secretary made the point that a royal recommendation is required when legislative action seeks an authorization for new spending for a distinct purpose.

In the case of Bill C-327, the question is whether the power to make regulations respecting the broadcasting of violent scenes constitutes spending by the CRTC for a new and distinct purpose.

First, I would like to point out that, as a rule, a power to make regulations given to the government in an act of Parliament is not an authorization either for new spending or for an appropriation. It is simply a statutory power to make regulations.

On the issue of determining if there is a new and distinct purpose contained in Bill C-327, the Chair notes that section 5 of the Broadcasting Act provides that the CRTC

--shall regulate and supervise all aspects of the Canadian broadcasting system with a view to implementing the broadcasting policy set out in subsection 3(1)....

Subsection 3(1) of the act specifies that

(d) the Canadian broadcasting system should

(i) serve to safeguard, enrich and strengthen the cultural, political, social and economic fabric of Canada, [and]

(ii) encourage the development of Canadian expression by providing a wide range of programming that reflects Canadian attitudes, opinions, ideas, values and artistic creativity....

It seems to the Chair that the provisions being contemplated in C-327 would not authorize spending for a new and distinct purpose. As the Broadcasting Act indicates, the CRTC presently has the authority to regulate programming to safeguard social values, a part of the CRTC mandate into which new regulations to reduce violence in the programming offered to the public would appear to fall. The Chair is of the view that as a whole, Bill C-327 proposes activities which are already being performed by the CRTC within its existing mandate, that is to say: the making of regulations, the conducting of reviews, the holding of public consultations and the reporting to Parliament on the broadcasting industry.

Bill C-327 may or may not result in a greater workload for the CRTC, but the activities being proposed are within its mandate. If additional staff or resources are required to perform these activities then they would be brought forward in a separate appropriation bill for Parliament’s consideration.

In summary, Bill C-327 in its current form can continue through the legislative process without a royal recommendation.

Broadcasting Act

[Gary Schellenberger, Conservative, Perth—Wellington, ON]

Mr. Speaker, on behalf of the federal government I would like to thank the member of Parliament for Rosemont—La Petite-Patrie for his ongoing efforts to reduce violence on television.

The government understands the strong feelings expressed by those opposed to violence on television, especially where children are concerned. The government shares the concerns of parents, teachers and all stakeholders with respect to violence in our society.

Before considering amendments to the current act, I believe it is important to look at the system already in place. The current approach to violence on television protects television viewers, especially children, from the impact of violence. This approach has made it possible to adopt a strategy of cooperation and industry self-regulation, with the support of the CRTC and under its supervision.

As we know, the Broadcasting Act states that broadcasting licensees take full responsibility for the programs they broadcast and that this programming must be of a high standard.

The CRTC is an independent agency responsible for regulating and supervising Canada's broadcasting and telecommunications systems. It reports to Parliament on its activities through the Minister of Canadian Heritage.

The Broadcasting Act and the expression of Canadian standards and values guide the work of the CRTC in managing the Canadian broadcasting system and its licensing process and conditions. The CRTC may, in carrying out its mandate, suspend, revoke, amend or refuse to renew a licence if conditions are not met.

Under the CRTC policy, broadcasters must meet licensing conditions and comply with the voluntary code on television violence, the code of ethics, and the sex role portrayal code for television and radio programming developed by the Canadian Association of Broadcasters. Moreover, the Canadian Broadcast Standards Council, an independent self-regulatory body created by its broadcaster members, is responsible for ensuring compliance with codes and industry standards, including the classification system.

The government continues to be concerned about violence on television and ensuring that all industry partners comply with standards to ensure the well-being of our children. I would like to give some background on current activities among the various participants in the classification system.

In 1992 the CRTC focused its activities by setting the following objectives: implement real codes of conduct at the industry level; better inform viewers through program classification; change the attitudes of public education and media education programs; and strengthen the power of television viewers through the V-chip. Canadians are the forefront of addressing violence on TV.

I would like to add that the V-chip technology was developed by Tim Collings of Simon Fraser University, originally from my riding of Perth—Wellington in Downie Township.

Introduced in 1993, the television violence code states that Canadian broadcasters may not air programming that contains gratuitous violence in any form, or which sanctions, promotes or glamorizes violence. It also states that programming intended for adult audiences shall not be telecast before 9 p.m.

In 1997 the Action Group on Violence on Television, an organization representing all sectors of the Canadian broadcasting industry, launched its program classification system. These codes are still in effect. Broadcasting industry representatives, researchers, educators, child mental health experts, parents and the government agencies that were involved continue to promote ongoing dialogue to help people better understand the problem and to create permanent tools to help parents make informed viewing choices for their children.

Canada is also very involved in children's media literacy and in educating children about the various media to which they are exposed. There are media awareness networks that are excellent sources of information about violence on television and that are still in place today.

As we can see from the many parties involved and the regulatory provisions that have been adopted and implemented, such as the codes of conduct adopted by the industry, the public education, and the public awareness programs, we have good management tools to address violence on television in Canada.

The government acknowledges the achievements of all stakeholders involved in the fight against violence and continues to believe in the effectiveness of the current system of self-regulatory codes administered by the Canadian Broadcast Standards Council and imposed on broadcasters as conditions of licence.

We would also like to underline the vital role that parents and guardians have to play and the fact that they have tools available to them and can make choices to help them better control the television programs presented in their homes.

With the monitoring system already in place to limit violence on television, we have looked at two annual reports that include the issue of limiting violence on television and we have found that few official complaints were made by the Canadian public.

The annual report of the Canadian Broadcast Standards Council for 2005-06 states that there was a total of 79 complaints relating to the violence code. Six of these complaints related to Quebec television stations. According to the CRTC's broadcast policy monitoring report of 2006, a total of 44 complaints were processed, which represents a significant decrease for 2005 over previous years.

In closing, given these results and the tools that are available as well as the role parents can play, we must question the merits of Bill C-327.

[Maka Kotto, Bloc, Saint-Lambert, QC]

Mr. Speaker, it is a pleasure to participate in this debate on Bill C-327 dealing with the reduction of violence in television broadcasts.

Television violence is a problem of such scope that it has been the subject of various, often controversial but always relevant and thought provoking, studies, reports and analyses. More importantly, this issue reminds the elected representatives that we are that, in our society, television has become an omnipresent media whose impact on the most receptive or vulnerable audiences, and I am thinking of our children, should never be underestimated.

At a time when an overwhelming majority of people in Canada and Quebec own at least one television set and spend an average of four hours a day watching this hypnotic box; when new media are being put on the market and the number of available stations keeps increasing; and when television is more and more and increasingly openly blamed for breeding a scourge of our society—and I am referring to all forms of violence—the Bloc Québécois, through the determination and perseverance of the hon. member for Rosemont—La Petite-Patrie, whose eloquent plea we have heard and grasped the scope of, could not pass on a relevant debate and another meaningful piece of legislation on the theme of television images of a violent nature and their impact on our youth. That is the raison d'être of his bill to reduce violence in television broadcasts by granting the CRTC additional regulatory powers in this respect, without developing a censorship mentality.

The bill's summary states, and I quote, “This enactment amends the Broadcasting Act to grant the Canadian Radio-television and Telecommunications Commission the power to make regulations respecting the broadcasting of violent scenes”.

And here is how the hon. member for Rosemont—La Petite-Patrie introduced his bill at first reading stage:

A recent study by Laval University showed that acts of violence shown on television have tripled since 1994. The purpose of this bill is to amend the Broadcasting Act to create a regulation governing television violence. The CRTC would be responsible for monitoring how large broadcasters apply the regulation that would be created by the bill I am introducing today.

The Bloc Québécois is in favour of the bill and salutes the initiative of the member for Rosemont—La Petite-Patrie. The Bloc Québécois reminds the House that, beyond self-regulation, we must provide broadcasting with an adequate framework in order to avoid a drift toward sensationalism that does not necessarily reflect Quebec and Canadian values.

The Bloc Québécois believes that young children should not be confronted with violence at a very early age, because this would tend to trivialize it, with the predictable consequences.

As I was saying at the beginning of my speech, violence in our society is an issue that raises concerns among the general public and, indeed, the legislator that each of us represents here. In this regard, we have the responsibility to introduce legislation.

What are the impacts of television on our children? In 1998, a UNESCO study showed that children under the age of 12 were spending an average of three hours a day watching television, that is 50% more than at any other activity.

Children who watch very violent television or films are more likely to become aggressive. There is no doubt about it.

Many reports agree on this. There is an enormous amount of research into the effects of media violence.

Researchers have long wondered whether television violence has such effect on young people that it can actually make them more aggressive. After some 50 years of research into this question, some investigators such as Professor Howell Huesmann of the University of Michigan are convinced that there is evidence of a direct correlation. I quote him:

—exposure to media violence causes children to behave more aggressively and affects them as adults years later.

Professor Huesmann demonstrated that when children imitate the actions of their “media heroes”, they develop “cognitive scripts” that ultimately guide their own behaviour. For example, when their heroes are violent, children internalize scripts in which violence is presented as an appropriate or legitimate method of settling disputes, solving problems or dealing with frustrations.

According to other researchers, the psychological effects are not as important as the physiological effects in the internalization of aggressive behaviour seen on television. These researchers observed that exposure to violent imagery is linked to increased heart rate, faster respiration and higher blood pressure. They think that this simulated "fight-or-flight" response predisposes people to act aggressively in the real world.

Similarly, an American study looked at the effects over 20 years. It showed a modest correlation between shows watched by eight-year-old boys and an aggressiveness indicator 11 years later. Boys who watched a lot of violent shows when they were young had much more serious police records at 30 years of age than other boys. These effects could not be ascribed to other social factors. To quantify this “modest” effect, the researchers said that it was comparable to the effect of tobacco consumption on lung cancer. All the experts in large research associations agree on these proven facts.

I want to emphasize once again that the consumption of televisions shows has certain effects, both direct and indirect. No one will be able to say later that they did not know. I encourage the House, therefore, to show good sense and support Bill C-327.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Mr. Speaker, I am very pleased to rise today and speak to Bill C-327.

I have to make an admission to the people of Canada that I am a huge fan of action films. In fact, my whole family are fans. On Friday nights, we like nothing better for the world to be hanging in balance while the good guy has to run out and save the planet with two minutes to spare while the planes are flying. I think one of the reasons these films are successful is that they are entertaining and people can tell the difference between the reality of violence and the action film genre, so I have to put that on the record.

However, I am interested in this bill because I believe that there is a difference between seeing the fantasy world of cops and robbers and action hero stuff that we are used to, the sort of comic book entertainment, and the good guy always wins in the end element of film and television. There is a fundamental shift that I am starting to see in terms of three areas.

First, is the increasing level of abusive, degrading and humiliating television that has become a standard staple.

Second, is the relentlessness of the imagery. As we know, our young people are not just watching it on television, they are on the Internet, and there is a relentlessness that is hammered home time and time again.

I think of the third issue, and I find this from my role formerly as a school board trustee. When we talk about empowerment and choice, we are assuming that we are talking about 1950s-style families. I can tell members, as a school board trustee, many of the kids in my community are at home alone when they come home from school because their mom, a single mother, is working or their father is out working. Who are they home with? They are home with the electronic child molester. That is who they are home with.

If we watch the programming that was put in the afternoon slot in the last number of years, we have Maury Povich and Springer. This is absolutely abusive and degrading television. I am concerned that when young people come into class, they do not have the faculties to separate this.

So, what we do have? We have a policy of zero tolerance in our schools. I have seen many kids act out stuff in the schoolyard without even having a sense of what they are doing, and then of course we have to bring in the police to deal with it. I am not talking so much about physical violence being acted out, but some of the abusive stuff that they see on television. So, there is an element there that we can talk about empowering our young people, but if they are home alone, they do not have that choice.

I think this debate today is actually very appropriate, given the very disturbing national conversation that is going on. All around us, Canadians are talking about the Pickton trial.

There is a really interesting debate if we listen to the talk shows. What people are saying is, “I don't want to hear it. I don't want these greasy fingerprints left on my imagination. Have the trial, please, but spare us the grizzly gore”.

What strikes me about this conversation, because I have been listening to the people phoning in, is that people do not want to be desensitized. They do not want to accept a point where they no longer even shrug when they hear these kinds of details. It is a very horrific conversation that we have to have. I was thinking in terms of the Bernardo trial and how I still feel such rage over what I heard about that. We are being asked as a society to cross a terrible Rubicon of the imagination whereby something that once was just a realm of Hollywood is something we have to accept as a reality. As I was thinking of this conversation, I was watching television with my daughter. It was interesting that I saw within a space of one hour two ads for serial killer torture shows that had very gruesome, very graphic and very stylized forms of the torture.

Can our children tell the difference between the allegations at the Pickton farm and these things on television? Of course they can. Just as they can tell the difference when they are playing video games that seem to me to be so much similar to the Dawson shooting. But at a certain point, there is a level of desensitization, and that desensitization has a very profound impact for cultural development.

Ronald Cohen, the chair of the Canadian Broadcast Standards Council, says very clearly, “In addition, there is no gratuitous or glamorized violence on television at any time of the day or night. Period”.

I was watching 24 with my daughters the other night. They are big fans of Jack Bauer. I am a big fan of Jack Bauer, the actor playing him being the grandson of Tommy Douglas, the great Canadian socialist. Jack Bauer is always there to save the world.

However, there is an interesting debate that has come up about 24 because of the way that people are now beginning to accept the notion that torture is perfectly okay. Jack Bauer can never save the planet unless he tortures somebody. He is very effective in torturing people and because Jack tortures people things work.

I was speaking to an educator who had been talking to a young person about notions of right and wrong and limits of right and wrong. The issue of torture came up. The student said, “Torture is perfectly okay. That's what you do if you're a police officer. That is perfectly acceptable behaviour.” The educator asked, “Why would you think that torture was normal?” The child said, “Jack Bauer has to do it.”

Think of the profound shift that has taken place in the last 10 years. Ten years ago, what was torture? In our imagination that was what thugs did in a Latin American prison. That is what petty gang lords did. However, a conversation now where we have stylized violence, and it is very over the top, it becomes acceptable. Therefore, we become desensitized to it.

Another point Mr. Cohen makes in terms of the reason we do not need standards, that we do not need to impose them here, and he is talking about protecting children. He says, “There can be no themes that threaten a child's sense of security.”

I was watching Fear Factor in my hotel room the other night. Since you might not believe, Mr. Speaker, how outrageous it is I will read the plot description that I picked up off the Internet. This was a plot with families, so it was mothers, fathers and their children on this show. This is a quote from the show. The children will be locked in a box of Madagascar hissing cockroaches that would be poured all over the children. Then the parents would have to use their mouths to transfer roaches from the box to a counterbalance. The pair would then have to get the keys so that the child could find a way to escape from this box where the child was screaming and covered with cockroaches.

The message I infer from this is that child abuse is okay if it is done on prime time, if it is done for entertainment purposes, and it is very clear that it is done for greed because do you know what happens, Mr. Speaker, if the mother manages to pick enough of these Madagascar hissing cockroaches off her screaming child and frees them from this locked box? She will win a 2004 Mazda6 Sport Wagon. I find this absolutely abominable.

I would like to think that industry would self-regulate, but I think what we are seeing now in terms of abuse on television is that it is self-regulating itself down to the bottom and we should not go along with this. I think at a certain point we have to say as a society that this degradation has to stop. The idea of abusing and humiliating people as a form of cheap entertainment is not acceptable. We do not accept it when our children act it out in the schoolyard. We should not have to accept it as a regular form of entertainment.

Again, I would like to point out that people can say, “Turn it off”, but I know of so many children who are at home alone. They are not reading, they are watching and this is what they are watching.

This leads me to another point that I think has to be made. It is a more subtle point. It is the notion of the breakdown of the self, the self-identity and the self-awareness from watching abusive television again and again by young people. I read a book earlier last year entitled A Is for Ox: the Collapse of Literacy and the Rise of Violence in An Electronic Age by Barry Sanders. He made some amazing correlations that what we are seeing in terms of a culture where children are raised strictly on television is the breakdown of literacy, not simply that they cannot read but literate conversation, the sense of self, has disappeared in so many young children. They do not have that construct.

He said that there are profound implications for society when we have children who are raised like this because as they have no sense of self they have no sense of the other. He is definitely making a very clear equation in his work between this rise of cultural illiteracy and a culture of violence, and a casual acceptance of violence.

Therefore, I am very pleased that Parliament has taken the measure to debate this issue. In terms of the New Democrats we believe that this is not an issue of censorship. This is an issue of restoring some fairness to the airwaves and saying to families that they do not have to worry that their children are being preyed upon by the electronic child molester if they have to go out to work.

There have to be some standards. If industry is not willing to meet those standards, then we have to have a national conversation and that conversation, I believe, has to include educators and a broad cross-section of our society. Clearly, it is our purview here within the House of Commons to begin that conversation.

[Tina Keeper, Liberal, Churchill, MB]

Mr. Speaker, I am confident that all members in the House join me in genuine concern about ensuring that our children have safeguards against violence on television in this country. To this end, on behalf of the residents in the Churchill riding, I am pleased to have the opportunity to speak to Bill C-327, An Act to amend the Broadcasting Act (reduction of violence in television broadcasts) introduced by the member for Rosemont—La Petite-Patrie.

Upon introduction of the bill on June 19, 2006, the member for Rosemont—La Petite-Patrie said:

Mr. Speaker, today I am pleased to introduce a bill to reduce television violence, particularly during peak viewing hours for children.

This quote encapsulates the objective the member hopes to achieve with this bill. Before continuing this debate, I would like to acknowledge the integrity of my hon. colleague's aim. As many parliamentarians would know, the bill was initially introduced in the House of Commons during the first session of the 37th Parliament as Bill C-420 and prior to reintroduction, the bill received only slight modifications.

The issue of violence on television has been at the forefront of the public mind over the past couple of decades. In fact, the issue did become a priority for the Canadian Radio-television and Telecommunications Commission, the regulatory body of Canada's Broadcasting Act and in 1990 it commissioned two studies, “Scientific Knowledge about Television Violence” and “Summary and Analysis of Various Studies on Violence and Television”. The findings and recommendations of these studies led to action by the CRTC toward the development of guidelines in Canada by working with the Canadian Association of Broadcasters, provincial ministers and the cable industry.

In 1992 a significant event occurred when a very young woman, Virginie Larivière, submitted a petition to Parliament with 1.5 million signatures seeking a ban on television violence. It was a clear message from Canadians on the issue.

In February 1993 the Action Group on Violence on Television was formed. It was comprised of the Association of Canadian Advertisers, the Canadian Association of Broadcasters, the Canadian Broadcasting Corporation, the Canadian Cable Television Association, Canadian Film and Television Production Association, the Association des producteurs de films et de télévision du Québec, and the licensees of pay television, pay per view services and specialty services.

In September of that year they released a general statement of principles concerning violence on television programming with the aim of a classification system for television programming. Numerous critical actions followed. The CRTC accepted the Canadian Association of Broadcasters' revised voluntary code regarding violence in television programming and announced that compliance would be a condition of a broadcast licence. The code designated the watershed in which broadcasters could not air programs which included violence intended for an adult audience between the hours of 6 a.m. and 9 p.m.

Since that time, Canada has been a leader throughout the world in setting regulatory mechanisms and strong industry codes to ensure that viewing choices for children remain responsive to the concerns of the public. These currently include program ratings systems; on-screen icons; violence guidelines and other content guidelines referring to language and content of a sexual nature; required frequent viewer advisories, both on-screen and audible; and program embedded ratings for use with V-chip technology.

These are a mandatory system of codes and adherence to them is not voluntary. The system was approved by the CRTC in June 1997. Private broadcasters must agree to them and licences are reviewed regularly by the CRTC.

This proposed legislation seeks to amend the Broadcasting Act to grant the CRTC the power to make regulations respecting the broadcasting of violent scenes. However, a great deal has changed in broadcasting standards and practices over the past 15 years on the issue of violence on television and a child or youth audience.

It effectively established a broad set of policies, technologies and rules affecting broadcasters that I would argue address the concerns and even the purpose of this bill. This is largely confirmed by the member's proposed amendment to section 10 with the addition of:

The Commission shall make regulations respecting the broadcasting of violent scenes, including those contained in programs intended for persons under the age of 12 years.

In an effort to safeguard children against violent television programming, various stringent measures were put in place. These policies are complemented by a series of technologies that have steadily increased in television broadcasting since their initial introduction.

For example, the CRTC launched a variety of new technologies set to increase viewer awareness of suitability of a given program. This is done through both voice and print immediately prior to programs as well as during commercial breaks.

Parent friendly rating systems have also been carefully integrated into the suitability warnings. Moreover, the introduction of an advanced parental control technology known as V-chip was created and put into action. It allows concerned parents to filter inappropriate content based on a rating system.

Comparing the existing practices of the CRTC with the member's proposed amendment to the Broadcasting Act, I think it is fair to say that the commissioner has ensured regulations are in place addressing television violence during peak hours and is effectively monitored. In fact, in 1994 the Canadian Broadcast Standards Council, an independent organization comprised of public and industry representatives, announced that the children's television program, Mighty Morphin' Power Rangers, violated children's programming provisions of the Canadian Association of Broadcasters' violence code. The producers were forced to comply with the code or the broadcasters were to remove it from their schedule.

In fact, to emphasize the results of the positive actions taken by broadcasters, the Canadian Broadcast Standards Council has actually reported a decline in the percentage of complaints concerning violence on television. Between 2001 and 2006, public complaints involving violence have dropped by 37% and it ranks sixth as the subject of television complaints to the Canadian Broadcast Standards Council.

After taking into account the current policies and practices of the CRTC governing violence on television and now returning to the member's stated objective, and more important, the contents of his bill, I do not believe the proposed amendments will have an impact in reducing violence during peak hours.

Given the standards and practices that are already in place and enforced by the commission, Bill C-327 is redundant in terms of the Broadcasting Act. It is my assertion that the various mediums in today's market have a significant role to play in terms of the amount of violent content which is available to children and youth. Today's new medium means rapid access to materials through the Internet, video games and DVDs.

While I applaud the spirit of the member's bill, I do believe it is adequately covered through the current Broadcasting Act and regulatory body, the CRTC, to safeguard Canadians and to protect our values, and I cannot lend it my support.

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, thank you for the opportunity to address this very significant concern in Canada.

The bill before us today is a further attempt to address the issue of TV violence in Canada. The bill would amend the Broadcasting Act by imposing a new, regulatory framework on the broadcast industry. I want to thank the member for Rosemont—La Petite-Patrie for his efforts in bringing this legislation before Parliament.

From the outset, I want to state that reducing violence in our society is a priority for our Conservative government. Indeed, addressing violent crime in Canada is one of the five key priorities which we set during the last federal election, and we have made significant progress in changing our criminal laws to ensure that Canada's streets and communities are safe.

The tabling of the bill gives us an opportunity to consider again Canada's success in addressing violence on television and how Canadians, especially young Canadians, are exposed to it.

The bill would amend the Broadcasting Act by requiring the CRTC to make specific regulations to reduce the number of violent scenes on television. While I believe the motives behind the bill are laudable, the bill itself is flawed for a number of reasons.

It represents a veiled attempt to impose additional censorship on broadcasters, very likely violating the protections of freedom of expression under the charter. It would also impose a new regulatory burden on government which would cost taxpayers more money. It implies that Canadians are not smart enough to read the required warnings and make viewing decisions for themselves. It shifts responsibility for supervising and educating children from parents to the federal government.

The good news is that much of the authority which the mover of the bill is seeking is already contained in the current Broadcasting Act.

I would like to look at Bill C-327 in the context of current broadcasting policy and at the tools already available under the Broadcasting Act that encourage Canadians to become media literate and to then make safe viewing choices for themselves.

Our current broadcasting policy focuses on empowering Canadians to make educated choices for themselves about what they and their families will watch on TV. Our federal government consults and cooperates with law enforcement agencies, broadcasters, parents and schools, and in doing so, we focus on five common objectives.

First, we want to educate TV viewers. We want to strengthen the enforcement of the existing laws. We want to implement complaint reporting systems. We want to ensure that public and private sectors consult with each other and with their counterparts in other countries. Finally, and perhaps more important, we want to promote industry self-regulation.

That last objective, industry self-regulation, is key. The broadcast industry has, in consultation with the federal government, adopted a voluntary set of broadcast standards and a code of conduct which it applies to all of its programming.

Canadians will be very familiar with the frequent warnings which accompany programs containing violence or questionable or sexual content. These warnings equip parents to make decisions for themselves and their families as to the kind of programming which is suitable for them.

An added benefit of industry self-regulation is the fact that the financial burden of regulation and monitoring is borne primarily by industry, not by the taxpayers of this country.

Even if we wanted to regulate and control everything shown on television, it would be a futile endeavour. Canadians must understand that much of what we see on TV comes from foreign television signals. Canada has limited jurisdiction over these signals. We also have little jurisdiction, if any, over material that Canadians may view over the Internet.

Both foreign broadcasters and Internet service providers are not subject to Canada's licensing requirement. They are not subject to the Canadian broadcasting code of conduct and ethics, and as technology continues to develop, our ability to control content will continue to decline.

The current media environment is indeed the global village that Canadian professor Marshall McLuhan so prophetically pointed to. Government control over content is no longer a long term option in broadcasting. More than ever, Canadians need to be well informed. They need to be exposed to new technologies while understanding the potential harmful aspects of these innovations.

We live in a world without walls. We cannot be with our children at all times to keep them safe from harm. In the same way, recent experience has taught us that we cannot always protect our children and other Canadian audiences from controversial or objectionable content, especially when it originates from outside of Canada. It is even more difficult to do so if in fact we are to respect the charter right of freedom of expression.

What we can do is educate Canadians and give them the tools necessary to discern good content from harmful content. That is what the current Broadcasting Act does. The TV industry provides viewers with helpful information about programming content to enable each one of us to act positively, to become critical thinkers and to learn to discern. I also note that technology nowadays gives parents things such as the V-chip to allow them to control what their children watch on TV.

There is something troubling about this bill and it is in the preamble. The preamble categorically states that “censorship is not a solution”, yet the bill then proceeds to do exactly that, namely impose censorship by requiring the CRTC to impose regulations reducing violence in TV programming. These conflicting objectives are clearly fatal to the bill.

I remind the House of some of the key policy objectives contained in the Broadcasting Act. The act states in section 3(1)(d)(i) that the broadcasting system should:

serve to safeguard, enrich and strengthen the cultural, political, social and economic fabric of Canada,

The very next paragraph states that the system should:

encourage the development of Canadian expression by providing a wide range of programming that reflects Canadian attitudes, opinions, ideas, values and artistic creativity--

To me these words suggest imagination and diversity of opinion, something that our charter of rights guarantees. Any attempt to circumscribe these rights would likely result in a successful challenge under the charter and I for one am not prepared to burden the taxpayers of the country with the cost of needless and ultimately futile litigation.

I would encourage the member for Rosemont—La Petite-Patrie to again review the existing provisions of the Broadcasting Act, most notably subsections 10(c), 10(f) and 10(k) because these subsections already spell out a broad regulatory framework which, at least in my experience, has led to significant cooperation on the part of the broadcast industry. Moreover, the act already states that all broadcasting licensees are responsible for the programs they broadcast and that this programming must be of a high standard.

The Canadian approach to maintaining high standards engages the broadcast industry instead of invoking a unilateral heavy-handed enforcement program.

In conclusion, we have to ask ourselves a number of fundamental questions. Do we believe in more government? Do we believe that government should usurp the rightful role of parents to train and educate children? Should Canadians no longer be responsible for their own decisions for informing themselves? Finally, do we believe that taxpayers should again be burdened with additional regulatory costs that should be borne by industry? I believe the answer is no to all of these questions and that answer must compel us to reject this bill, as well intentioned as it might be.

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

moved that Bill C-327, An Act to amend the Broadcasting Act (reduction of violence in television broadcasts), be read the second time and referred to a committee.

Mr. Speaker, it is with great pleasure that I rise today to speak on Bill C-327 respecting violence in television broadcasts, which I am sponsoring in this House. I would like to start by reviewing the context in which this bill was introduced last spring.

One day during the winter of 2000, I was sitting in my living room in the early evening, watching TV with my daughter, Marie-Noël, who was three years old at the time. That is when I noticed how captivated, almost hypnotized, my daughter was by scenes of violence in a movie broadcast on the public network.

That is what prompted me, a few months later, to introduce a bill to reduce violence in television broadcasts. Sadly, the bill was not deemed votable at that time, but it nonetheless allowed me to mobilize parents, teachers, child care stakeholders and others in civil society who were concerned about our children's future, to send the government a clear message: it had to regulate violence in television broadcasts.

Today, six years later, Marie-Noël is nine years old, not much younger than the 11-year-old boy whose death, according to Coroner Catherine Rudel-Tessier, was directly linked to violent scenes broadcast on public television during prime time which he attempted to recreate. In April, the coroner concluded that the current measures to protect our children from violence in television broadcasts were insufficient. She encouraged broadcasters to move shows rated 13 and over past 9 p.m.

That is what Bill C-327, which I am currently sponsoring and which is being debated in the House today, is proposing. Under this bill to amend the Broadcasting Act, the Canadian Radio-television and Telecommunications Commission, or CRTC, would develop regulations limiting violence in television programming, ensure compliance by licence holders and provide for penalties to be imposed on offenders.

Why regulate now?

In spite of the revised adoption in 1993 of the Voluntary Code Regarding Violence in Television Programming, developed by the Canadian Association of Broadcasters, the violence aired on television continues to increase. According to an analysis conducted by the Centre des médias at the Université Laval in December 2004, acts of physical violence on television have risen by 286% in ten years; and 81% of violent acts occur in programs beginning before 9 p.m. Furthermore, 29% of the acts of violence in films are psychological in nature.

Sure, some people will say that we can play with the figures, but one piece of evidence is certain: there is enough violence on television to influence the behaviour of our young people. We can only conclude that the voluntary approach by broadcasters does not seem to have produced the results hoped for since, some 15 years after the adoption of the voluntary code, television violence continues to increase, as indicated by the Centre des médias at the Université Laval.

Obviously complete censorship is not an option. I repeat, full censorship is not an option, because it would not be an appropriate response in a democratic society like ours, in which freedom of expression is one of its cornerstones.

To my mind, only a regulatory approach based on the necessary balance between freedom of expression and the protection of our children would offer diversified programming respectful of the various clienteles.

The recent demands, made just last week, by the Ontario Secondary School Teachers’ Federation, for regulations that would prohibit programs with violent content from being aired before 9 p.m., are consistent not only with the spirit of the recommendation made by Coroner Rudel-Tessier, but are also in keeping with Bill C-327, which I am sponsoring today.

The Centrale des syndicats du Québec, the CSQ, which represents 172,000 members, including 100,000 teaching staff—who are in daily contact with our children—was among the first to applaud this bill.

The tragic story of the ten-year-old American and the nine-year-old Pakistani who accidentally hanged themselves by wanting to imitate Saddam Hussein remind us that, even though regulation of television violence is something that must be addressed, it is not a substitute for parental vigilance when it comes to not only the content of television programs, but also video games and Web sites.

The fight I began in 2000 has been fought by activists, daycare stakeholders and teachers.The first name that springs to my mind when I talk about the important fight I am fighting for the protection of our children is that of a young girl, now an adult, and someone you probably knew, Mr. Speaker. Her name is Virginie Larivière. Some years ago, she presented the Conservative government of the day a petition with 1,3 million signatures. The petitioners were Canadian and Quebec citizens who asked for regulations to reduce violence on television.

That young girl, about 10 at the time, introduced that petition it was because we already noticed in the 1990's that there had been an increase in the number of violent scenes on television despite the voluntary code the broadcasters had adopted for themselves in 1987. Despite that code, which was revised in 1993, the figures from the Centre d'études des médias of Laval University were revealing. Between 1995 and 1998, they showed an almost 50% increase in violent acts on television. The scenes of violence children could see—that is during programs broadcast before 9 p.m.—were also clearly on the rise. In 1998, 92% of violent acts were shown before 9 p.m.

The study also showed that one out of every two acts of violence in the study was either a gratuitous representation or unnecessary to understanding what was going on.

In 2000, these 1998 figures alerted me to this issue. Initially, it was my daughter who brought it to my attention, but after finding out more from media specialists, I concluded that TV violence was indeed on the rise. That made the 2000 bill very relevant.

Quebec's civil society leaders and artists mobilized. Why? Because the bill did not seek to limit freedom of expression. It simply sought to restrict programs with violent content to airing after 9 p.m., when children are not watching. It was not, and it still is not, censorship. It was just about adjusting broadcasters' schedules to ensure they respected all members of the viewing public.

This bill seeks to regulate violence on TV.

I would encourage the members to read this bill. It does not even say that violent programs should air only after 9 p.m. That is what I think should happen, and that is the approach I would recommend. This bill merely proposes creating a regulation within the Broadcasting Act so that the CRTC will be responsible for ensuring compliance among licensees and punishing them accordingly.

To what extent should they be punished?

Often, in various environmental files, big polluters get off with light punishments. We cannot let that happen here. The regulatory regime may specify punishment according to the circumstances of the non-compliance. Section 32 of the Broadcasting Act provides that a corporate broadcaster that contravenes CRTC regulations—in this case, a future regulation—may be liable to a fine as high as $250,000 for a first offence and as high as $500,000 for a subsequent offence.

In essence, with this bill, we are asking broadcasters to be good corporate citizens. It is important to understand that our airwaves are public and that we, the public, therefore bear some responsibility for them. But broadcasters have a responsibility to broadcast information that is accurate and does not convey stereotypes, prejudices, racial slurs or statements designed to undermine our society's fundamental rights. We must ensure that our public airwaves respect everyone's rights.

This bill therefore strikes a balance. I know that some of my colleagues believe that this bill could violate the right to freedom of expression. In an attempt to address this concern, we have proposed that violent scenes be broadcast after 9 p.m.

I am pleased to introduce this bill today. As recently as yesterday, the Centrale des syndicats du Québec, the CSQ, took a clear stand on this bill. The more than 172,000 members of the Centrale des syndicats du Québec decided to support this bill, simply because they work in education.

Anyone who has seen what goes on in our schools and daycare centres will understand why these people are clearly saying that there is a connection between what our children watch and how they behave. It is true of movies and it is sometimes true of cartoons, because cartoon formats changed several years ago.

In order to provide our educators and teachers with tools, we have to create a society that is as non-violent as possible. Of course, this bill will not reduce violence in our society. It is not the answer to violence in our society. There are other areas where we have to take action. I am thinking of the Internet and video games, but this Parliament could certainly take an important step by making sure that our airwaves are less violent and that we can live in a society that is as non-violent as possible.

Bill C-327—Broadcasting Act

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, it is now obvious that the government raises the issue of royal recommendation each and every time members of the opposition parties introduce a private member's bill.

I well recall how the government used the same tactic when Bill C-288 was introduced by my colleague from Honoré-Mercier.

If my bill were to be implemented, there would be no fundamental change in the role the CRTC plays. All we ask is that new regulations be adopted under the Broadcasting Act. We really do not need new public monies to have the CRTC apply the legislative changes I propose in Bill C-327.

Under that bill, we could very well go ahead and evaluate the situation without necessarily requiring supplementary funds.

In fact, the CRTC has already made a study of violence on television and published reports on the issue. Consequently, it would be very possible to fulfill the complete mandate of the CRTC and to adopt the changes I propose without new public funds.

[Tom Lukiwski, Conservative, Parliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, my point of order is on Bill C-327.

Without commenting on the merits of this private member's bill, I would appreciate your consideration of whether this bill requires a royal recommendation under Standing Order 79. Clauses 1 and 2 of the bill add a new purpose to the Broadcasting Act to:

—contribute to solving the problem of violence in society by reducing violence in the programming offered to the public, including children.

To meet this purpose, the bill would provide new powers to the Canadian Radio-television and Telecommunications Commission, also known as the CRTC, to regulate violence on television, verify broadcasters compliance, issue annual reports and undertake a five year review, including holding consultations. These are new responsibilities for the CRTC which were not previously authorized by the Broadcasting Act. They would clearly require new government expenditures.

Precedence clearly established that a change in purpose requiring new expenditures must be accompanied by a royal recommendation. On May 9, 2005, the Chair ruled:

— bills which involve new or additional spending for a distinct purpose must be recommended by the Crown. The royal recommendation is also required where a bill alters the appropriation of public revenue “under the circumstances, in the manner and for the purposes set out” in the bill.

What this means is that a royal recommendation is not only required in a case where more money is being appropriated, but also in a case where the authorization to spend for a specific purpose is being significantly altered.

On February 8, 2005, the Speaker ruled:

Where it is clear that the legislative objective of a bill cannot be accomplished without the dedication of public funds to that objective, the bill must be seen as the equivalent of a bill effecting an appropriation.

On September 17, 2006, the Speaker noted that the sections of the bill:

—with regard to the process of petitioning and reporting, are also functions which would require the authorization of spending for a new and distinct purpose.

I note that the new purpose for Bill C-327 is established by the operational obligation which clause 3 places on the CRTC for regulating, reporting and reviewing and by clauses 1 and 2, which would amend the overall broadcasting and regulatory policies in the Broadcasting Act.

I therefore submit that the bill in its entirety requires a royal recommendation.

Broadcasting Act

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

moved for leave to introduce Bill C-327, An Act to amend the Broadcasting Act (reduction of violence in television broadcasts).

Mr. Speaker, today I am pleased to introduce a bill to reduce television violence, particularly during peak viewing hours for children.

A recent study by Laval University showed that acts of violence shown on television have tripled since 1994. The purpose of this bill is to amend the Broadcasting Act to create a regulation governing television violence. The CRTC would be responsible for monitoring how large broadcasters apply the regulation that would be created by the bill I am introducing today.

(Motions deemed adopted, bill read the first time and printed)