An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

This bill was last introduced in the 43rd Parliament, 2nd Session, which ended in August 2021.

Sponsor

Status

In committee (Senate), as of June 29, 2021
(This bill did not become law.)

Summary

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

This enactment amends the Broadcasting Act to, among other things,
(a) add online undertakings — undertakings for the transmission or retransmission of programs over the Internet — as a distinct class of broadcasting undertakings;
(b) update the broadcasting policy for Canada set out in section 3 of that Act by, among other things, providing that the Canadian broadcasting system should serve the needs and interests of all Canadians — including Canadians from racialized communities and Canadians of diverse ethnocultural backgrounds — and should provide opportunities for Indigenous persons, programming that reflects Indigenous cultures and that is in Indigenous languages, and programming that is accessible without barriers to persons with disabilities;
(c) specify that the Canadian Radio-television and Telecommunications Commission (the “Commission”) must regulate and supervise the Canadian broadcasting system in a manner that
(i) takes into account the different characteristics of Indigenous language broadcasting and the different conditions under which broadcasting undertakings that provide Indigenous language programming operate,
(ii) is fair and equitable as between broadcasting undertakings providing similar services,
(iii) facilitates the provision of programs that are accessible without barriers to persons with disabilities, and
(iv) takes into account the variety of broadcasting undertakings to which that Act applies and avoids imposing obligations on a class of broadcasting undertakings if doing so will not contribute in a material manner to the implementation of the broadcasting policy;
(d) amend the procedure relating to the issuance by the Governor in Council of policy directions to the Commission;
(e) replace the Commission’s power to impose conditions on a licence with a power to make orders imposing conditions on the carrying on of broadcasting undertakings;
(f) provide the Commission with the power to require that persons carrying on broadcasting undertakings make expenditures to support the Canadian broadcasting system;
(g) authorize the Commission to provide information to the Minister responsible for that Act, the Chief Statistician of Canada and the Commissioner of Competition, and set out in that Act a process by which a person who submits certain types of information to the Commission may designate the information as confidential;
(h) amend the procedure by which the Governor in Council may, under section 28 of that Act, set aside a decision of the Commission to issue, amend or renew a licence or refer such a decision back to the Commission for reconsideration and hearing;
(i) specify that a person shall not carry on a broadcasting undertaking, other than an online undertaking, unless they do so in accordance with a licence or they are exempt from the requirement to hold a licence;
(j) harmonize the punishments for offences under Part II of that Act and clarify that a due diligence defence applies to the existing offences set out in that Act; and
(k) allow for the imposition of administrative monetary penalties for violations of certain provisions of that Act or of the Accessible Canada Act.
The enactment also makes related and consequential amendments to other Acts.

Elsewhere

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

Votes

June 22, 2021 Passed 3rd reading and adoption of Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
June 21, 2021 Passed Concurrence at report stage of Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
June 21, 2021 Passed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.22; Group 1; Clause 46.1)
June 21, 2021 Passed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.18; Group 1; Clause 23)
June 21, 2021 Failed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.13; Group 1; Clause 10)
June 21, 2021 Failed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.8; Group 1; Clause 8)
June 21, 2021 Failed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.5; Group 1; Clause 8)
June 21, 2021 Passed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.4; Group 1; Clause 8)
June 21, 2021 Passed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.10; Group 1; Clause 8)
June 21, 2021 Failed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.2; Group 1; Clause 7)
June 21, 2021 Failed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.1; Group 1; Clause 3)
June 7, 2021 Passed Time allocation for Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

April 8th, 2024 / 11:55 a.m.
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Conservative

Rick Perkins Conservative South Shore—St. Margarets, NS

In the last Parliament, the government tried to legislate algorithms through Bill C-10. It then backed off and brought in Bill C-11 this time. It said, “Look at us. Aren't we being nice? We're going to tell people how to write their algorithms and not actually look at them.”

In this bill, you have schedule 2, which is numbered as schedule 2, and schedule 1, and I'd like to know—

December 13th, 2023 / 6:30 p.m.
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Conservative

Mark Strahl Conservative Chilliwack—Hope, BC

That bill is clearly still before the industry committee, I would assume. With cybersecurity, perhaps it could be with public safety.

I know that we had some serious concerns with that piece of legislation. I think we want to ensure that the rights of Canadians are always protected. When we're considering Bill C-26, which deals with cybersecurity, we know that this is an evolving field and there's an evolving threat level that comes with that. We know that the government, quite frankly, has failed to protect the rights of Canadians when it comes to their security—both personal security and in our communities. When it comes to the online environment, they've been lax. They've turned a blind eye, quite frankly, to threats to cybersecurity. I think we've seen that again and again.

We saw it when this government refused to ban Huawei from the 5G network for years in spite of overwhelming evidence that the communist regime in Beijing was using that technology in the Huawei network as a way to gain access to personal information. That was a security vulnerability.

We saw that our Five Eyes partners in the security establishment—our international partnerships with Australia, New Zealand and the United States—all took action to protect their citizens and their networks from cybersecurity threats. That's something this government did not do. It took them years and they fought it and fought it before they took the decision—much too late—to exclude Huawei from our cybersecurity networks. That resulted, quite frankly, in embarrassing situations where Canada was excluded from high-level meetings of the Five Eyes.

We saw it very recently, when Australia had its deal with the United States to purchase submarines, for instance. There was an exclusion of Canada because Canada's networks were not deemed to be secure enough to allow us to participate in those very important, high-level meetings. These are examples where the government has failed to take cybersecurity seriously.

As I said, we have grave concerns with Bill C-26. It's troubling to see that this bill would cede power to another piece of legislation or have this coordinating amendment, so there would be two pieces of legislation that we believe are flawed coordinating with one another. I think this is the sort of thing where we should be considering what is in Bill C-26 as we discuss this. We can't simply agree holus-bolus to something in another act if we haven't considered that fully, here at this committee.

I think that this particular clause is one where, perhaps as the evening goes on, we will find a way to bring about an amendment or to look at ways we can make sure that the concerns we had with Bill C-26 are addressed.

The summary of Bill C-26 states:

Part 1 amends the Telecommunications Act to add the promotion of the security of the Canadian telecommunications system as an objective of the Canadian telecommunications policy and to authorize the Governor in Council and the Minister of Industry to direct telecommunications service providers to do anything, or refrain from doing anything, that is necessary to secure the Canadian telecommunications system. It also establishes an administrative monetary penalty scheme to promote compliance with orders and regulations made by the Governor in Council and the Minister of Industry to secure the Canadian telecommunications system as well as rules for judicial review of those orders and regulations.

It continues:

Part 2 enacts the Critical Cyber Systems Protection Act to provide a framework for the protection of the critical cyber systems of services and systems that are vital to national security or public safety and that are delivered or operated as part of a work, undertaking or business that is within the legislative authority of Parliament. It also, among other things,

(a) authorizes the Governor in Council to designate any service or system as a vital service or vital system;

(b) authorizes the Governor in Council to establish classes of operators in respect of a vital service or vital system;

(c) requires designated operators to, among other things, establish and implement cyber security programs, mitigate supply-chain and third-party risks, report cyber security incidents and comply with cyber security directions;

(d) provides for the exchange of information between relevant parties; and

(e) authorizes the enforcement of the obligations under the Act and imposes consequences for non-compliance.

Cybersecurity, as I've said, is a growing concern for Canadians. It remains a national security concern. It remains an economic security concern. We know we lose when things like patents, trademarked information and secrets are lost because of a failure to ensure we have adequate cybersecurity in place. We know the government doesn't have a legal mechanism to compel industry action to address cyber-threats or vulnerabilities in the telecommunications sector.

Bill C-26 is another example of the Minister of Industry being given sweeping powers, as we heard with Bill C-33, where the minister is given sweeping powers to enact orders that, in his opinion, are necessary to protect port infrastructure, port operations, etc. We just dealt with that in a previous clause. I think this is another example where we need to ensure that the powers given in Bill C-26 are proportional—that there are checks and balances, and that the rights of Canadians are always protected when the minister is exercising the rights and powers given to him or her in the legislation. It's another example of giving the minister broad powers to enact the legislation.

Now, cybersecurity is something that Conservatives have been raising the alarm about for a long time. We did it when we first created, under a conservative motion, the Canada–China special committee. That was an issue that was raised there. In the context of Huawei, it is something we raised time and time again: our concerns that our 5G network was not being protected.

There are opportunities to strengthen our cybersecurity protocols. We need to ensure that not only are the privacy rights of Canadians respected, but that there's also no attempt at censorship for Canadian citizens when they are operating in the cyber-environment. We've seen the government go down that road as well, with Bill C-18 and with Bill C-10. They want to control what Canadians see, and control the algorithms of what will show up in their social media, for instance.

We have a hard time trusting the government when it comes to anything to do with cybersecurity or Internet regulations. They've proven time and time again that they're willing to sacrifice the rights of Canadians in order to promote their own narrow agenda.

Bill C-26, unfortunately, increases regulation and red tape, often, we believe, without adequate oversight and without votes in Parliament.

We've seen, even here today, that the rights of members or parliamentarians, the supremacy of Parliament, are things that this government does not put as the highest priority. If Parliament gets in the way, they simply try to bypass it.

I think Bill C-26 is another example of where that has happened. We have grave concerns with that, as I outlined briefly. There is also—

November 23rd, 2023 / 9:10 a.m.
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Conservative

Martin Shields Conservative Bow River, AB

Thank you, Madam Chair.

Quickly, you're described as being independent and at arm's length. I've been on Bill C-10, Bill C-11 and Bill C-18, so we've heard ministers say that a number of times.

I have the ATIP question. You said you did not send information to the minister. You said that a few minutes ago. Be careful, because I have information here. They sent it to you, then, because I know what they sent. I know it went back and forth.

When it talks about “media lines”, I know what those are. They sent them to you, then. You didn't send it to them, you said, so they sent them to you.

September 28th, 2023 / 10:10 a.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Thank you, Madam Chair.

Thank you for the question, Ms. Hepfner.

Earlier, I briefly outlined the intent of the motion. The concept of freedom of expression is obviously not clear to everyone. With regard to the measures put in place during the pandemic, some people felt that their freedom of expression was being curtailed or that they were being censored. Those are comments that have been made.

We dealt with the broadcasting bill, Bill C‑10, which became Bill C‑11. It was passed in 2022. This bill also seriously challenged the concept of freedom of expression. People accuse the government, rightly or wrongly, of intending to curtail freedom of expression.

I think it must be clearly established that, when a bill is passed in the House of Commons, it must comply with the rule concerning respect for freedom of expression, as set out in paragraph 2(b) of the Charter—that's one of the intentions.

We need to have discussions about this. Our responsibility as parliamentarians is not only to ensure that people understand what we're doing here, but also to provide a framework for decisions that are sometimes made in a very questionable way. I'm thinking here of what has happened in the education sector in recent years. There has been censorship of works, which were often rather playful books, if we're talking about comic books, or works of a cultural nature, that might offend certain beliefs but were entirely faithful to others. We need to have this discussion, but we didn't have it while the debate was raging.

I think it's up to the committee to talk about this and to welcome people who have questions about the concept of freedom of expression. Some people may say they don't agree with certain criteria or definitions of what freedom of expression is—and that's what I'd like to see.

I think this is going to be a very relevant, very interesting and very constructive discussion. The perceptions of the Liberals, Conservatives, Bloc and NDP are different. Everyone has a vision of what is acceptable and what is not. However, within what is acceptable and what is not, depending on a person's perception, there is a core that is the right to freedom of expression, which can take many forms. I think that's what's going to be interesting in the discussion.

Online News ActGovernment Orders

June 20th, 2023 / 6:40 p.m.
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Conservative

Bob Zimmer Conservative Prince George—Peace River—Northern Rockies, BC

Madam Speaker, I appreciate the opportunity to speak to Bill C-18 tonight.

The question I have for Canadians watching this evening is this: Does the Prime Minister want to control what they see and hear about him on the Internet? My colleagues have already mentioned what the Prime Minister has done, with previous examples. Jody Wilson-Raybould is a classic example of trying to control people in this House. He has also overlooked foreign interference to win elections, frozen the bank accounts of protesters and established mandates. There are countless other things showing that the Prime Minister's ultimate goal is control. He is not quite comfortable unless he has full control.

The predecessor to Bill C-18 is Bill C-11, the way I see it. Legislatively, the Prime Minister has already implemented a censorship bill. It has been called that by many people, including the Conservatives, and he rammed it through the House. I became very familiar with the previous iterations of this bill, Bill C-10 and Bill C-11, and he has now censored by law, through the CRTC, user-generated content. He wants to control it. He might not like the video that I post on YouTube. Freedom of speech still reigns in this country for now, but the Prime Minister may say he does not really like what the member for Prince George—Peace River—Northern Rockies is saying, so off he goes and he can no longer be on YouTube or social media.

We already see that the Prime Minister is gaining control by censoring Canadians, but let us look at what Bill C-18 would do, not in an opposite way but in another corner of what censorship does. This is by influencing what big media have on their newscasts.

The question is on censorship and what the Prime Minister considers he is doing in a positive way to influence media in his favour. This is the way I phrase it: Who does not get the money and who gets the money? This is from an article entitled “Sue Gardner: Bill C-18 is Bad for Journalism and Bad for Canada”. On who does not get the money, she says, “This process will benefit big legacy media companies at the expense of startups and indie publishers.” She goes on to say, “Meanwhile, many small and indie publishers are actually excluded from C-18; the bill excludes operations that employ fewer than two journalists, and excludes those ‘primarily focused on a particular topic’ in favour of those that make general interest news.”

That is a question we have to ask when talking about control. Small publishers are much harder to control, and big media is a lot easier to control. Just give them millions and billions of dollars and away we go.

Let us talk about who is getting the money. The same article says:

If news organizations became dependent on money from the platforms to sustain their operations, as they surely would with the passage of Bill C-18, this dependence would create an incentive for them to pull their punches in how they covered the platforms.

That is an example where media might say it does not want to go after someone because, after all, they are writing the cheques.

What is even more concerning, based on what I have alluded to regarding the control of big tech, is the control of government. This is from the same article:

For journalism to be trusted, it needs to be—and perceived to be—independent from government, and willing and able to be critical of government.... Bill C-18 deepens government involvement in the industry. This creates an incentive for the industry to be soft on the government, and it will further reduce trust in journalism.

That is not from me; that is from this writer. They continue: “And anything that reduces trust in journalism is dangerous—especially right now.”

I started by talking about who gets the money. Let us look at what the money looks like.

I have an article by Samantha Edwards entitled “What to know about Bill C-18, the proposed law that could affect Canadian news publishers”. It states:

A report from the PBO said of the around $329-million the bill would generate for news outlets, around $247-million would go to broadcasters such as the CBC, Bell, Shaw and Rogers.... “The fact that three-quarters of the money will be going to broadcasters, some of which are the richest companies in Canada, plus the public broadcasters which are heavily subsidized already, undermines the government’s whole premise of the bill”....

What is the temptation? I have already talked about it. The temptation, of course, is about somebody writing cheques for millions and billions of dollars: Is the media going to be as truthful to the public as it should be when reporting about them? What is its first goal? Is it to provide news and truthfulness to Canadians? Right now, the government is saying that if the media wants a big cheque, they have to say this or that. We know the Prime Minister is already about control and wants to control what people say about him. Will he use this as a heavy stick? I believe he will.

We have already talked about the control that Bill C-11 gave to the CRTC. The CRTC is influenced by the Prime Minister and cabinet. It says it clearly right in the bill. I have an article from the Macdonald-Laurier Institute entitled “Extortion, Dependency and Media Welfare—The Liberals’ Bill C-18”. About halfway through, it states, “Those in favour have no qualms about creating a news media industry permanently dependent upon the good graces of the two most imposing powers in the lives of citizens these days: Big Tech and Big Government.” As a former chair of the access to information, privacy and ethics committee, I saw how powerful big tech was and is, and the government working together with these guys is a really scary thing for those who care about freedom in the country. I will go on: “All involved will huff and puff self-servingly, while the [Prime Minister's] government happily renders media companies ever-more dependent on federal funding.”

It is not me saying this but articles that are concerned about the very same measures that this controlling Prime Minister, who has already implemented a censorship bill, is now trying to use to covet those two big entities so as to have the narrative go his way.

One interesting bit of testimony I saw when I was doing some research, because I knew I would be speaking to this, was from Liberal Senator Paula Simons in her speech from the Senate debate. Here is a clearly Liberal senator, a former media person, who is very concerned about what this bill brings if passed. I will read a couple of her quotes.

“More than that, I’m asking if it’s wise. How independent can the Canadian news media be if they are so deeply beholden to the goodwill and future economic success of two foreign corporations?” She is referring to big tech in this instance.

She goes on to quote Mr. Greenspon, from 2021, at a Senate committee: “...inviting the platforms to negotiate deals with individual publishers can badly distort the information marketplace. People have expressed concerns for decades that advertisers influence news agendas.” This is exactly what I have been saying. This is a person who has been in the industry her whole life. He went on: “They have massive public policy agendas of their own, including tax policy, regulatory oversight, data, et cetera.... You are here to strengthen the independent press, not to create new dependencies.”

Here is another quote from the senator: “And are we comfortable giving unprecedented new regulatory powers to the CRTC to intervene in the business of print journalism and to require mandatory media codes of ethics, given the free press has never before been subject in any way to the authority of the CRTC?”

I will finish with this. Who controls the CRTC? We already heard that it is cabinet and the Prime Minister. Members heard my question, the question that I started with: Does the Prime Minister want to control what we see and hear about him on the Internet? Absolutely, yes.

Bill C-18—Time Allocation MotionOnline News ActGovernment Orders

June 20th, 2023 / 11:20 a.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, I would like to come back to the minister's heated reaction. We know he is quite a passionate man and that this bill is important to him, but I believe he misunderstood the meaning of my question earlier. I really want to refocus my question on the concept of a closure motion.

In its entire history, the Bloc Québécois has supported under 10 closure motions. When it did give its support, it was because it was truly crucial that the bill being considered at the time be freed up. In 2021, in regard to Bill C‑10, the Bloc Québécois even suggested publicly that closure be used and recommended that the Liberals impose a time allocation motion because the government had lost control of the agenda. Something needed to be done to move the bill forward.

Right now, the government has not lost control with Bill C‑18. Everything is going pretty smoothly. We are in the final stage and there is no need to, say, free up something stuck somewhere due to filibustering. Earlier, I asked a question about the fact that we have two or three days left to debate Bill C‑18.

Yes, I want to see it passed this week at all costs, but my question was whether the minister had given up hope of having the bill passed in the usual manner by the end of the week and that was why he was imposing the closure motion today.

I would like to hear from the minister on this.

May 29th, 2023 / 11:25 a.m.
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Liberal

Tim Louis Liberal Kitchener—Conestoga, ON

I'll take it. I can do that.

I want to thank you. I've been working through this since it was Bill C-10. Coming up with ideas creatively from all sides of the House, all of the Senate and the House itself, and having contributions from the ministry have been very helpful. I look forward to being involved in the next steps.

There are three seconds left. Thank you.

Opposition Motion—Immigration LevelsBusiness of SupplyGovernment Orders

May 11th, 2023 / 1:05 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, I will take it upon myself to deliver to the Government of Quebec the message given by my colleague, who just finished his speech, that it should pull up its socks on the immigration file. I think it might appreciate the message, but I am not sure.

I will begin by saying that I will be sharing my time with my colleague, the member for Terrebonne.

Our motion today is very simple. I think it has been a few minutes since we repeated it. It states:

That, given that,

(i) the Century Initiative aims to increase Canada's population to 100 million by 2100,

(ii) the federal government's new intake targets are consistent with the Century Initiative objectives,

(iii) tripling Canada's population has real impacts on the future of the French language, Quebec's political weight, the place of First Peoples, access to housing, and health and education infrastructure,

(iv) these impacts were not taken into account in the development of the Century Initiative and that Quebec was not considered,

the House reject the Century Initiative objectives and ask the government not to use them as a basis for developing its future immigration levels.

It is not a very complicated request. It only makes sense. It is a question of understanding each other.

This objective of increasing Canada's population to 100 million by the end of the century is something that worries me. I must say that I am finding the ruse to be less and less subtle. It is difficult to believe that the hidden agenda is not basically to put an end once and for all to Quebec's never-ending demands, which certain self-righteous federalist thinkers see as a fly constantly buzzing around their heads.

There are two ways of looking at this. The first is to see bad intentions. The government and its policy-makers know full well what they are doing to Quebec by setting immigration targets that are much too high for the province to absorb. They know that by doing this, they are ensuring that Quebec's francophone culture, the Québécois culture, will be completely snuffed out.

How will that happen? It will be because of the massive influx of newcomers who, even if they speak French, will not be welcomed as Quebec likes to welcome its immigrants. They will not be able to integrate into Quebec society properly because the infrastructure and services are insufficient and ill-equipped to receive such an influx. What happens when a host society is unable to welcome and integrate its newcomers? This leads to ghettoization. Newcomers gather where they feel safe, where they feel a sense of familiarity, and this creates ghettos. This leads to what we have already seen around the world, including in some Canadian cities. This is not what Quebec wants.

Quebec wants large numbers of francophone immigrants so that the common language, the language of work, the language of everyday life, is French. Quebec wants to welcome and integrate its newcomers based on a model that is not one of multiculturalism. Quebec's specificity is precisely that it has a language to protect, a language that is constantly at risk of disappearing in an ocean of some 300 million anglophones in North America.

There is also the issue of Quebec's political weight, which is mentioned in today's Bloc Québécois motion and is fuelling this discussion and debate. If Quebec loses political weight within the Canadian federation, it means that the various laws that protect the specificity of the Quebec nation will be open to more vigorous attacks, and Quebec will be even less able to defend itself. Consequently, Quebec will continue to dwindle gradually, little by little. It is a bit like putting a frog in a pot of cold water and then turning on the heat, letting the frog slowly get used to the heat as the temperature rises until, well, we know the rest of the story. I am not sure that has been scientifically proven, but everyone gets the picture.

In short, Quebec will fade away and accept its fate, telling itself that a known misfortune is probably more comfortable than an uncertain happiness. We will then find ourselves in the ocean of multiculturalism that Trudeau senior dreamed of all those years ago. I will not be fooled into believing that protecting the French language was part of that particular dream.

That widespread lack of sensitivity is disappointing, but it also makes me realize that this is one of multiculturalism's adverse effects on French.

We know that Quebec culture is gradually drowning in the Canadian and North American cultural maelstrom. Those who champion French are increasingly viewed by many in the rest of Canada as old grey-haired reactionaries straight out of what they wish was a bygone era. I have to acknowledge that I myself might be an old grey-haired reactionary not unlike my colleague from Berthier—Maskinongé. No doubt he approves.

If we allow things to carry on as they are, speaking French will eventually become a mere curiosity. A comparison comes to mind that deeply saddens me. It will be a bit like the first nations we hear about, where the language is still spoken by some elders but has disappeared from everyday use. Young people are trying to resurrect those languages. I recently talked to an Abenaki woman who told me she was trying to relearn her grandparents' language, which is no longer being spoken. Maybe one day my great-grandchildren will ask their grandfather, “Grandpa, say a few words in French.” It will be cute and quaint, but also pathetic and sad.

That is what we are trying to protect. We are not trying to sow division or stir up trouble, as our friends on the other side like to say. We are trying to protect something that is dear to us, namely our culture, our language, our specificity.

We talk about political weight. Sometimes people say that Quebec's political weight boils down to the number of seats it has in the House of Commons. It seems that some people do not appreciate the importance of that. What is the effect of Quebec having less political weight? In future elections, if we do not correctly adjust the number of seats that go to Quebec, if we do not give Quebec a minimum number of seats, as is the case for other Canadian provinces, we will once again lose the influence we can have here in the House of Commons. We will lose the number of seats held by Quebec members of Parliament. I am not even considering the political affiliation, because the Quebec seats lost will not just be the ones held by the Bloc Québécois, but also those of Conservative and Liberal members of Parliament. There will be fewer of them because there will be fewer seats available for Quebec.

Would it have been possible to protect supply management, for example, if there had been fewer members of Parliament from Quebec? The work of my colleague from Berthier-Maskinongé and the Bloc Québécois on this file should be noted.

Bill C‑10 also comes to mind. It was tabled in November 2020 as a modernized Broadcasting Act and was later rebranded as Bill C‑11 in the next Parliament. It contained nothing for Quebec culture. Without a strong Quebec caucus and the Bloc Québécois's unwavering determination to add measures to the bill to protect the French language and content created by our artists, I am not sure if the new Broadcasting Act would have provided any protection for Quebec's francophone culture. Quebec's political weight made all the difference.

The more influence that Quebec loses within the Canadian federation, the more Ottawa can push its centralizing agenda and keep sticking its big fat nose where it does not belong. On February 8, 2022, the House had a great chance to show Quebec that it believes in the need for Quebec to preserve its culture and acquire tools to protect the French language. On February 8, 2022, I had the honour of tabling, on behalf of the Bloc Québécois, a bill to amend the Constitution Act. Yes, while awaiting independence, a Bloc member is trying to amend the Constitution Act.

We simply wanted to add a provision that would guarantee Quebec 25% of the seats in the House of Commons. That would have been a game-changer because, with a threshold of at least 25% of the seats, we would no longer have to worry about the political weight of Quebec being at risk and the consequences that would bring, regardless of any demographic changes that might occur in the coming years.

That is why the Bloc Québécois is moving a motion today to reject the immigration levels proposed by the Century Initiative, which the government seems to be following very closely. This is a good opportunity to debate that, but it is also a good opportunity to understand why the Bloc Québécois wants to reject those objectives.

Online Streaming ActGovernment Orders

March 30th, 2023 / 8 p.m.
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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

We do need to kill Bill C-11. There is no question.

Mr. Speaker, it is interesting because even the Prime Minister's appointed senators brought up concerns about this bill. Again, it is not simply Conservatives who are concerned about cat videos like the member opposite suggested, but it is a growing chorus of folks from across the country who are saying that this is not the right direction for our country. I would note that over the course of the study that took place in Canada's Senate, we heard time and time again from Liberal-appointed senators. It was not simply Conservatives who were appointed in the Senate. It was a chorus of Liberal-appointed senators and they were tired of the propaganda that the Liberals were trying to sell.

I know that my colleagues have done a great job of unpacking various elements of that here this evening, but certainly when it comes to some of the specifics, we see a number of examples where senators endeavoured to make a bad bill a bit less bad, in an earnest attempt for democracy to be able to play its course. Those voices, in the other place as we refer to it, those senators, include those whom the Prime Minister appointed and some of whom were artists themselves, ironically. They endeavoured to make this bill less bad, so they sent it back as is tradition and procedure and yet here we have the government rejecting most of those amendments. They were the way that the Liberals would have the opportunity, a “get out of jail free” card, to address some of the most egregious concerns that certainly Conservatives have highlighted but also that experts from across the country have highlighted.

The Liberals were given an opportunity from Liberal Prime Minister-appointed individuals. Here was how they could have helped them get a pass so that they could have exempted some of the biggest concerns that experts from across the country had brought forward and yet what does the government do? Margaret Atwood is no Conservative and certainly not a traditional Conservative voter, although we will see what happens in the next election. We see a “creeping totalitarianism” where all the Liberals want is control. It seems that they will stop at nothing to control what Canadians see online.

Let me take a bit of a step back, if I could, and describe what is so sneaky about this bill because we have here not a frontal assault. We have examples throughout history of direct assaults on freedom of expression. There are numerous examples that one could point to from around the world where governments specifically say individuals can or cannot believe this. There are many examples where this Prime Minister will certainly call out anything he does not like and call people un-Canadian or a fringe minority or those with despicable views. He is certainly a purveyor of that sort of divisive language that divides Canadians.

However, this bill is sneaky. Let me unpack for members why it is so sneaky. It does not say that a regular Canadian or a content creator, or whatever the case is, cannot post something online, that they cannot go onto YouTube or cannot participate in a social media platform of some kind. The bill does not say at all that they cannot post something. That is where it is sneaky. Certainly the members of the Liberal Party have bought into this. I would hope that they simply do not understand what they are actually promoting and trying to pass into law in this country because of how terrifying a precedent it sets, but here is what is really terrifying. The bill does not at all say that people could not post it. What it does do is say very clearly that the government could control who sees it. As I describe this to many constituents who rightly are concerned, we see that it is backdoor censorship at its finest.

We see that it is the government using a sneaky mechanism and increased government bureaucracy to endeavour to control what Canadians can see. In the guise of the government saying it will never limit what people can say, it will simply limit what they can see. It is terrifying that this is something that would be debated in the 21st century in this place.

It is the sneakiness. I would implore all Canadians and all members of this place to stand up against that sort of sneaky, creeping totalitarianism because it sets a terrifying precedent that the government can control not necessarily what people can say as they allowed to think and say whatever they like, but it will control who can see it and what they see. That is an absolutely terrifying precedent that is being set.

When it comes to the bureaucracy that has been proposed, there are many examples where government fails. In fact, I would suggest the government is not really that good at delivering much and certainly the Liberals have demonstrated time and time again that they are not very good at delivering anything, let alone the promises they make either during a Parliament or during an election, whatever the case is.

The Liberals' response to the mechanism that they will use to control the information on the Internet is the imposition of broadcasting-like codes into the way that streams and algorithms work online. The way they are going to do this is to use a government agency. The government is saying to just trust it, do not worry about it, there is no reason to be concerned, people can certainly trust anything and everything the Prime Minister says, who has demonstrated himself to be less than truthful on more occasions that he can count. We see that Liberals are saying to just trust them when the reality is that Canadians cannot. Let me unpack that a little.

By using the CRTC, Liberals are giving a tremendous amount of authority, albeit at arm's length, to individuals who are subject to cabinet orders and approval, who are subject to appointments that are made by the Governor in Council or by the Prime Minister, in essence. We see the fingerprints of the Prime Minister, this backdoor type of censorship, that would limit the ability of Canadians and gives an incredible amount of authority to a bureaucracy that does not necessarily have the best interests of Canadians in mind.

I want to provide a bit of a paraphrase of part of the debate that I had with former minister of heritage, now Minister of Environment. He certainly has a checkered record when it comes to his activism and whatnot, but during the previous debate on Bill C-10, the comment was made that as long as it is the right sort of information, then it must be okay. In fact, I think it was a Green Party member who no longer sits in this House who had made this assertion during questions and comments during a late-night sitting when the Liberals were again trying to force and censor the debate around censorship. It seemed to be in the eyes of some within the left that it was okay to censor as long as it was censoring the views that one did not like.

Let me state definitively and uncategorically in this place that freedom is something that cannot be dictated. Freedom is something that exists because people are free. Freedom of speech is something, as is very clearly outlined in our Charter of Rights and Freedoms, that requires the full scope of what that means. When there is a very clear attempt, a precedent that has been set, examples of the Prime Minister and other members of the Liberal Party who have demonstrated a willingness to use the authority and the power of government to get their way, to cover up their scandals, to use the massive infrastructure of government and the associated bureaucracy to influence the direction of Canadians, it is not something that Canadians want, whether they support the Conservatives or not. This is where there is a growing number of individuals.

I think that directly related to the Liberals' shutdown of debate, their censorship of the censorship discussion, we have what I suspect is a growing message that Liberal MPs, backbench and otherwise, are likely hearing from their constituents who are asking questions. They are asking what the deal is with this. Instead of Liberals being honest with those constituents, addressing those concerns and taking a pause on what would be massive government overreach, they are buckling down.

Instead of being honest and instead of representing their constituents, they simply slam the door on debate and push the bill through for royal assent so that they can have the control they so much desire.

We have seen this before. It is incredibly troubling that they are using the heavy hand of their coalition, in which nobody in either the NDP or the Liberal Party were elected. The Liberals are using that confidence and supply agreement, a fundamentally undemocratic agreement, as a weapon to try to control what Canadians can see on the Internet. I will tell members that it is wrong and it needs to be rejected.

This will be the last chance for members of the House to take a stand for Canadians and for freedom. There is so much that can, and I believe needs, to be talked about when it comes to the myriad circumstances surrounding Bill C-11. I would like to talk about the idea of Canadian content.

As the Leader of the Opposition articulately stated earlier, this is one of the sneaky ways that the Liberals are able to massage the debate around this issue to somehow suggest that Conservatives are the ones who are somehow offside with regular Canadians. On the question of Canadian content, clearly it is the Bloc that shows that the Liberals are absolutely full of it when they try to hide behind this idea. Let me unpack that a little.

It would be nice to know what Canadian content is. I think that the Conservatives, over the course of this debate, have been asking that question: “Give us a definition of what Canadian content is?” However, the Liberals seem unwilling to have that discussion, let alone meaningfully engage on the issue.

The question must be asked: Why is that significant? It is because it comes back to who is in control. When we are basing a bill on so-called Canadian content, it sounds great. Who does not love maple syrup? Who does not love being proud to be from Alberta, and the western heritage there? Who would not love to watch the Calgary Stampede for those 10 days? There are numerous examples, such as country music. Not everybody may agree with me on the best form of music, but it certainly is country music.

We see how the Liberals talk about Canadian content. I think they are endeavouring to ensure that Canadians think of the motherhood and apple pie-type messages: maple syrup, the moose and the fond memories of childhood. Those are related to various elements that people may associate with what they might call Canadian content.

What is concerning is that we see a direct attempt by the government to manipulate that term to serve its political purposes. The government is not defining Canadian content in the bill, in fact, if members can believe it, it is not even mentioned in the bill. However, the Liberals talk about it in such a forward way that it provides this, what I would suggest, massive funnel where they can say, “Okay, here are the only things that can fit” in what they would determine is the type of Canadian content they would deem acceptable.

Is that coming from a directive from the Prime Minister's Office? I do not know. However, for the Liberals to suggest that it is or it is not comes directly down and back to the question that I asked earlier as to whether or not we can trust them. I think Canadians increasingly are speaking very clearly on this issue that “we cannot”. We cannot trust this Prime Minister, we cannot trust this cabinet, and we cannot trust these members of the coalition, when they have demonstrated time and time again that they simply cannot be trusted.

Where does this leave us, as we come down to what is literally the end of debate, where we will be, once again, voting on the bill? It is the last chance. I think the solution is actually quite simple. Canadians have a choice: creeping totalitarianism and a respect for a basic dictatorship, or the Leader of the Opposition, the leader of the Conservative Party, who is willing to bring home freedom for every Canadian, so let us bring it home.

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March 30th, 2023 / 5:15 p.m.
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Conservative

Bob Zimmer Conservative Prince George—Peace River—Northern Rockies, BC

Mr. Speaker, if the amendments would address the concerns around user-generated content, I think we would have a whole bunch of viewers listening over here. However, the bill is flawed. We have been talking about this bill for many years, since Bill C-10. It is still flawed today, and frankly does not cut it for us on this side of the aisle.

Online Streaming ActGovernment Orders

March 30th, 2023 / 5 p.m.
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Conservative

Bob Zimmer Conservative Prince George—Peace River—Northern Rockies, BC

Mr. Speaker, this is a very important day to debate Bill C-11. I have asked this question many times before, but I am going to ask it again in this way. Do people trust the Prime Minister to defend their freedom of speech?

That is the crux of our debate from our party to the parties across the way. Other concerns have been brought up by other parties. They are still going to support the bill, but that does not mean that there are not concerns around this and possible threats to user-generated content, which could possibly be implicated by this legislation. Again, it is not just us. There are many people across Canada who have read the bill, who have been brought to testify about their worries for its potential.

I always like to use facts. Let us get right into it. Bill C-11 used to be a bill called Bill C-10. I have an article in front of me from May 20, 2021. It all started with clause 4.1, which I will be referring to quite a bit. This is a little hiccup for the Liberals that has a lot of Canadians calling it the censorship bill. The article is called “What is Bill C-10 and why are the Liberals planning to regulate the internet?” It is from The Globe and Mail.

It reads:

The bill is currently being reviewed by the House of Commons heritage committee. Members of the committee were studying the document line-by-line, but that process was disrupted in late April when Liberals on the committee moved an amendment that removed a section of the bill.

That sounds very familiar, like a particular part of Bill C-21 where they just table-dropped or pulled amendments out of legislation. The articles goes on:

The change was approved “on division,” meaning there was no recorded vote to show which opposition parties sided with the Liberals. This segment, section 4.1, provided an exclusion for user-generated content. Removing that exclusion set off concerns that the legislation could then be used to regulate Canadians’ social media posts.

That is what we have been talking about across the country for the last three years, worries about censorship and the government with this particular bill. Further, the article continues:

However, other critics draw a distinction between users, specified in 2.1, and 4.1′s exclusion for user-generated content, and so maintain that social media posts could still be subjected to the legislation.

On May 7, the Liberals introduced a new amendment that they said would put these questions to rest. The text of the new amendment is very similar to the text of section 4.1 that was originally removed, but was added to a different section of the bill that defines the regulatory powers of the CRTC. The government says this change ensures that the posters of user-generated content are not regulated.

That was back in the day when we were all supposed to be reassured that it was all going to be great. The problem is that section 4.1 has remained. The government could have easily dealt with concerns of the parties and put that to bed. I am going to directly read sections of the current legislation, Bill C-10, but the numbers are still the same.

This is clauses 4.1 and 4.2. on page 9 of the actual act so that Canadians out there watching can read it for themselves. Even lawyers get confused with some of this wording but I will give it a go,

4.‍1 (1) This Act does not apply in respect of a program that is uploaded to an online undertaking that provides a social media service by a user of the service for transmission over the Internet and reception by other users of the service.

(2) Despite subsection (1), this Act applies in respect of a program that is uploaded as described in that subsection if the program

(a) is uploaded to the social media service by the provider of the service or the provider’s affiliate, or by the agent or mandatary of either of them; or

(b) is prescribed by regulations made under section 4.‍2.

It opens the door to user-generated content, wide open, that it could possibly be regulated by the CRTC.

I will go on to 4.2. Again, this is the really difficult one to follow.

4.‍2 (1) For the purposes of paragraph 4.‍1(2)‍(b), the Commission may make regulations prescribing programs in respect of which this Act applies, in a manner that is consistent with freedom of expression.

Sounds great, except:

(2) In making regulations under subsection (1), the Commission shall consider the following matters:

(a) the extent to which a program, uploaded to an online undertaking that provides a social media service, directly or indirectly generates revenues;

Despite the government's reassurance that user-generated content is going to be exempted, the door is flung wide open again. How is the government ever going to regulate content that could produce revenue? It could be a share of a post, or whatever. Some other content provider could share a post that was previously not funded. It opens the door to user-generated content.

The implications are as vast as what we have been saying. It is not just us who have talked about these being significant issues. I will refer to testimony at the Senate hearing committees. Hon. Paula Simons referred to the concerns of the former CRTC head. It is not just a senator making a comment in a general way.

She said:

Several expert witnesses, including Monica Auer, Executive Director of the Forum for Research Policy in Communications; Robert Armstrong, a broadcasting consultant, economist and former CRTC manager; and Ian Scott, who was, at the time, head of the CRTC, testified before our committee about their concerns that subclause 7(7) of the bill could give new and unprecedented powers to cabinet to intervene in independent CRTC decisions. As Dr. Armstrong put it in his testimony before us:

In this sense, Bill C-11 reduces enormously — potentially — the powers that the CRTC has and hands them over to the Government of Canada.

That is not just some random person walking down the street. These are the former heads of the CRTC. To all the testimony, the Liberal government just says, “Hey, no biggie. Just ignore that expert testimony.” She continues:

But I think the biggest and most critical amendment we made was to a vexing part of the bill, subclause 4.2(2), which I like to call the “exception to the exception” clause. In the wake of some of the controversy around Bill C-10, the Minister of Canadian Heritage promised that Bill C-11 would not pertain to nor capture users of social media but only big streamers who were analogous to traditional broadcasters. Indeed, that is what clause 4.1 (1) of the bill says — that the act does not apply to a program that is uploaded to a social media service by a user of that service.

Unfortunately, clause 4.2 (2) of the bill, as it came to our committee, undid that assurance by giving the CRTC the power to scope in a program uploaded to a social media service if it directly or indirectly generates revenues. That exception-to-the-exception clause rightly worried all kinds of small and not-so-small independent producers who use services such as YouTube and TikTok to distribute their programming, though they retain the copyright.

I have a lot more here. I could put stacks here and read them for the record. I started off by asking whether we could trust the Prime Minister with our privacy and to protect our freedom of speech. I take that testimony from some pretty solid folks who were actually at the head of CRTC, and they said they were worried about the potential of this legislation.

We need to heed that advice. Canadians out there who are watching this, and many who are going to watch it online from some of our content that we generate, are concerned about where this is going, in a very bad direction.

I look forward to questions, but I think the answer is very clear: we cannot trust the Prime Minister to defend our freedom of speech.

Online Streaming ActGovernment Orders

March 30th, 2023 / 5 p.m.
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Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Mr. Speaker, we know this bill has been an absolute disaster in how it was managed through the House.

It was introduced in the previous Parliament, and the Liberals called an election, so they were the ones who killed Bill C-10. It was brought back as Bill C-11. It did not include the critical exemption that critics from the Green Party, as well as other critics out there and Conservatives, pointed out was a real problem. It was just a dog's breakfast of amendments having to come back.

Now the Liberals have come in with closure today to stifle debate rather than further study the amendments, something the Government of Quebec would also want.

Why are the Liberals rushing this through and insisting that the opposition are delaying the bill, when there are so many known problems with the bill and when it so clearly needs more work?

Online Streaming ActGovernment Orders

March 30th, 2023 / 4:45 p.m.
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Conservative

Dean Allison Conservative Niagara West, ON

Mr. Speaker, I will be sharing my time with my colleague for Prince George—Peace River—Northern Rockies.

I rise today to speak on behalf of my constituents of Niagara West who have expressed deep concern with the Liberal government's online censorship bill, Bill C-11. My office has received hundreds of phone calls, emails and regular mail regarding the bill. I can confidently say that we have not received a single communication from any constituent in favour of Bill C-11, and that says a lot.

Bill C-11 would censor the Internet, but the Liberals do not seem to care. There seems to be this focus, almost an obsession actually, for the Liberals to attempt to gain more control over Canadians in every aspect of their lives.

Canadians want to live their lives without constant government intrusion. I do not understand why the Liberals cannot leave folks alone. Let folks live their lives freely. Let Canadians make their own decisions. Bill C-11 is just another attempt to gain more control, this time by censorship, and it needs to stop. We have seen what happened over the last three years with an incredibly intrusive government, and Canadians are fed up with it. My colleagues on this side of the House would likely agree. In fact, I think there are many Liberal and NDP MPs who have also heard from constituents expressing deep concern over the type of censorship that Bill C-11 would implement.

So what would Bill C-11 actually do? It is not what the Liberals would have people believe it would do. What would it actually do if it were to become law? It is simple: If the bill passed, it would take aim at Canadians' online feeds. One such affected feed could be a person's home page on YouTube where content could be prioritized based on goals set out by the CRTC, a federal bureaucracy. In other words, bureaucrats in Ottawa would determine what a person's YouTube home page would look like. Bureaucrats in Ottawa will decide what qualifies as a Canadian film, television program or song.

There is also uncertainty over how Bill C-11 would be interpreted. The uncertainty about how the bill would be implemented has been a concern from the first day that Bill C-10, the predecessor to Bill C-11, was introduced. There is also unease with the role of government officials in determining what counts as Canadian. Of course, there is the deep worry about the secrecy associated with the CRTC.

The CRTC will, of course, have an incredibly powerful role in approving and rejecting online content as to what is “Canadian”. If that is not an example of an intrusive and overreaching government, I am not sure what is. Other social media feeds may also be affected, not just YouTube. The government-approved and pushed-for content is what we will likely see most. It is almost unbelievable what the Liberals are doing with the bill, but they are actually doing it.

I have served my constituents in this place since 2004. I can honestly say that I am deeply concerned about the direction in which this government has already taken our country. I have said it before and I will say it again: The Liberals have implemented a ballooning, intrusive and overreaching government. I am deeply concerned that they are not satisfied yet and will keep going.

On this side of the House, Conservatives, such as myself, believe in people. We believe in Canadians. We believe that individual Canadians are best positioned to make their own decisions for themselves and for their families. Our philosophy is that decisions should be made by the people, the commons, a bottom-up approach where the bosses are the people and we as politicians are their servants. It is not the politicians or the bureaucrats in Ottawa. The bosses are the people.

The Liberals do not see it that way. In fact, their approach is the exact opposite. Their philosophy is a top-down approach, a top-down decision-making approach, where Liberal politicians and bureaucrats tell people what to do and, in the case of Bill C-11, what to see or not to see on the Internet. Liberals think that politicians know best. They think that bureaucrats know best. That is the Liberal government and the Prime Minister's approach.

We have seen this style of governing for eight very long years now, which have divided our country more than ever. The divide-and-conquer approach has been the hallmark of the Prime Minister. Not many would debate that. Even their pals at CBC would agree with me on that one. With Bill C-11, things are continuing in the same direction.

At the end of my speech, the Liberals and the NDP collaborators may engage in veiled insults and some name-calling because of the stance I am taking: a small, limited government, which is part and parcel of Conservative philosophy.

However, let us set aside politicians' comments on Bill C-11 for just a minute and let us focus on what experts are saying about the bill. The reason I am saying this is that, as many of my colleagues have done and will continue to do, I want to introduce into the record the comments made by experts who deal with this issue day in and day out.

For example, Michael Geist, who I know has been mentioned in the House, is a law professor at the University of Ottawa, a Canada research chair in Internet and e-commerce law, and a graduate of Columbia Law School. He has received dozens of awards and recognition for his work. He has taught in some of the top schools in the world. Let us see what he has to say about Bill C-11. He has been a vocal opponent to the bill and has suggested various ways it can be improved, yet the Liberal government has ignored his suggestions.

In Professor Geist's words, “The government consistently rejected attempts to provide greater clarity with the bill and insisted that its forthcoming policy direction be kept secret until after the bill receives royal assent. If there is criticism to bear about Bill C-11’s uncertainty, it should be directed in the direction of [the] Heritage Minister”.

A recent article said, “professor Michael Geist said [in regard to Bill C-11] trust is waning in the CRTC because it acts like an arm of the government instead of acting like an independent regulator.” The CRTC acting “like an arm of the government” is a strong statement by an expert who deals with this type of content every single day. If Professor Geist is saying that, then why are the Liberals not paying attention?

Furthermore, regarding the Minister of Canadian Heritage's rejection of some common-sense amendments, Mr. Geist said, “It is exceptionally discouraging to the thousands of Canadian creators who spoke out”. Many digital creators are extremely concerned with the negative impact the bill would have on their work and have repeatedly voiced this in their committee testimony.

Here is an example of another expert. Scott Benzie, who is the director of Digital First Canada, which represents digital creators, stated, “It's shocking that the Senate's sober second thought was dismissed, and that the government continues to act as though digital creators are not legitimate artists and entrepreneurs.” These are more strong words aimed at the government's seemingly disregarding attitude toward anyone who is providing testimony that is critical of Bill C-11.

Let us talk about Margaret Atwood and what she had to say. I know we have had a lot of conversation about her from our last speaker. Let us first mention that she is a renowned Canadian author, winner of the Booker Prize and the Giller Prize, and perhaps one of the best-known authors in Canadian history.

In regard to Bill C-11, she said, “bureaucrats should not be telling creators what to write.” She also said that bureaucrats should not decide what is Canadian. Most importantly, and I really hope the Liberals are paying attention, she said, “All you have to do is read some biographies of writers writing in the Soviet Union and the degrees of censorship they had to go through—government bureaucrats. So it is creeping totalitarianism if governments are telling creators what to create.” We have heard that statement quite a few times today, “creeping totalitarianism”. Once again, these are pointed words.

The member of the Green Party from across the way quoted Ms. Atwood as saying the bill was “imprecise”, so it sounds like Margaret Atwood would like to see some amendments as well.

Are the Liberals taking heed? No, they just ignored this and came back with poorly written talking points, delivered in a fiery manner to stifle and end the debate on their incredibly faulty legislation.

Through Bill C-11, the Liberal government is censoring the Internet and forcing content on Canadians. It is plain and simple. We know it. Their NDP collaborators know it and the Bloc definitely knows it. In fact, the Bloc members recently admitted that they do not care if this bill is stifling freedom of expression. I have an inkling that the NDP and the Liberals agree with the Bloc on this.

In conclusion, I would like to say something I have said numerous times in this House over the last three years, and I would like to direct it at the NDP-Liberal coalition: They should let folks live their lives and leave them alone, stop interfering and stop intruding. They should let Canadians live their lives freely without this egregious overreach that has been happening, especially since the pandemic began. That includes incredibly flawed legislation such as Bill C-11, the online censorship act.

I have observed over the last couple of days some very disturbing and worrying behaviour from individuals who have made some very personal comments. I have not seen much of it today. The debate has actually been much better today. However, I think we have to watch what our discourse of debate is in this House and really work hard not to make it personal.

I look forward to answering questions. Let us hope that this time we can keep things civil, unlike what members have been doing in the House.

Online Streaming ActGovernment Orders

March 30th, 2023 / 4:40 p.m.
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Conservative

Bob Zimmer Conservative Prince George—Peace River—Northern Rockies, BC

Mr. Speaker, the member across the way referred to this earlier when a member of the Liberal Party was talking about Bill C-11. She said that she still had a problem that user-generated content perhaps was not exempted as promised and that was the problem she had with the bill. Her Green Party colleague also said that he was concerned about this, that user-generated content was perhaps caught up in Bill C-11, and yet they said they are still going to support the bill despite their concerns.

It is not just Conservatives who are voicing their concerns about this issue. There are many issues going back to Bill C-10, when this was brought up by the current environment minister almost four years ago. This is an issue that Canadians are rightfully worried about. It would give possible control to the government to decide what CRTC can show or what it can prevent people from seeing on the Internet. Until that is laid to rest, we need to oppose the bill.

What would the member do with the concerns I have brought up?

Online Streaming ActGovernment Orders

March 30th, 2023 / 3:40 p.m.
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Conservative

Bob Zimmer Conservative Prince George—Peace River—Northern Rockies, BC

Mr. Speaker, let us talk about rhetoric from the member across the way. All he has talked about is us as a party. He has not talked about the legislation and factually defended his argument about the legislation they are proposing. It goes back several years to Bill C-10, the iteration before, and clause 4.1. That is the problem, and I do not know if he has even read that. It is not just us saying it is a problem; it is Canadians across the country who are saying it is a problem. Why does he not just simply remove that clause?

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March 30th, 2023 / 1:10 p.m.
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Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Mr. Speaker, you stole my thunder.

I am pleased to have this opportunity to rise and speak to Bill C-11, the online streaming act, which, as we know, amends the Broadcasting Act and makes consequential amendments to other acts. I want to start by recognizing my colleague, the member for Lethbridge, who has done incredible work to bring to light the facts about the impacts this bill would have not only on the rights of Canadians but also on content creators here in Canada.

I will be splitting my time with member for Calgary Nose Hill.

This is an immense bill, as it would affect not only online streaming but also user-generated content online, including on social media. Let us review. The first iteration of this bill, Bill C-10, was introduced in 2020. The government claimed that the purpose of it was to modernize the Broadcasting Act and to make large online streaming services meet Canadian content requirements and to bring them in line with TV and radio stations. We have heard that again here.

In its original version, the former bill, Bill C-10, included an exemption for programs that users uploaded onto their social media or “user-generated content”. During the committee’s study, the Liberals voted to remove this exemption from their own bill and refused to allow the Conservatives to reintroduce it. The bill died on the Order Paper when the 2021 election was called, but was reintroduced by the government in this Parliament. Here is what it did.

Bill C-11 would create a new category of web media called “online undertakings” and would give the CRTC the same power to regulate them and would require them to invest in Canadian content, even though they would not be required to apply for licences. While the government put the exemption back in this new version, it went on to also include an exemption to the exemption, which made it effectively meaningless. Unfortunately, this is another bill that the government seeks to pass that would dictate to industries what is best for them, rather than listening to the experts and stakeholders.

Numerous experts such as law professors and former CRTC commissioners believe that this bill would threaten the right to free speech. As we know, section 2(b) of the Charter of Rights and Freedoms guarantees the right to free speech, which can only be exercised effectively if one has the ability to be heard. Law Professor Michael Geist explains this:

To be clear, the risk with these rules is not that the government will restrict the ability for Canadians to speak, but rather that the bill could impact their ability to be heard. In other words, the CRTC will not be positioned to stop Canadians from posting content, but will have the power to establish regulations that could prioritize or de-prioritize certain content, mandate warning labels, or establish other conditions with the presentation of the content (including algorithmic outcomes). The government has insisted that isn’t the goal of the bill. If so, the solution is obvious. No other country in the world seeks to regulate user content in this way and it should be removed from the bill because it does not belong in the Broadcasting Act.

The government wants to give bureaucrats living in Ottawa the sole discretion of determining what content should be considered Canadian and what should be shown to Canadians at large.

Setting aside concerns regarding free speech for a moment, this bill would also threaten the livelihood of individual content creators, artists and influencers who earn their living through the videos they post on social media and the advertising revenues that they generate. By their testimony, many fear they will not qualify under the CRTC’s rules promoting certified content. They are also afraid of the effects of regulation on their international audiences.

Canadian creators do not need the Canadian media industry to intercede for them to succeed. Canadians are already punching above their weight, and there are many success stories. The reason we have so many Canadian success stories is that we allow the creativity of Canadian creators to flourish. We do not throttle it with excessive bureaucracy or red tape.

In the current landscape, content creators rise to the top through the merit of their content. The Internet offers infinite opportunity for new creators to reach audiences worldwide, allowing small creators to build up audiences through their own creativity and determination.

The bill would seek to stifle that freedom, only allowing those creators that the government deems worthy to be seen. Instead of one’s search bar directing one to the content one is looking for, it would direct one to the content that the government has approved and wants one to see. This would be yet another case of government gatekeepers picking winners and losers based on their own arbitrary criteria.

It is important to note that the Senate made approximately 29, mostly minor, amendments to Bill C-11. This is why it is back before the House of Commons. The most significant amendment proposed would attempt to narrow the scope for social media regulation by adding discretionary criteria that appear to encourage the CRTC to focus on regulating professional audiovisual content rather than amateur user uploads.

While this makes the bill less bad, given that the criteria are discretionary, they do not change the powers of the CRTC to regulate social media or its discoverability powers. Besides that, the heritage minister has already indicated that the Liberal government will reject this amendment.

We should make no mistake: Homegrown talent and creative content here in Canada will no longer succeed based on merit. Content will be subject to a set of criteria that bureaucrats in Ottawa will use to determine its level of Canadianness, resulting in traditional art forms being favoured over new creative content.

Over 40,000 content creators affiliated with Digital First Canada signed letters calling for the discoverability rules in Bill C-11 to be removed.

Since the bill was introduced in its first iteration as Bill C-10, I have heard from many constituents who do not want the government dictating the content that they are allowed to see. They have written to me and expressed their shock and dismay at the government's attempt to control speech and online content.

They want the ability to find their favourite creators and enjoy the content that appeals to them. They do not want to see the favourite content of an Ottawa bureaucrat.

For all the Liberals’ claims, Canadians understand that if this bill passes—

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March 30th, 2023 / 1:10 p.m.
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Conservative

Martin Shields Conservative Bow River, AB

Mr. Speaker, my hon. colleague's speech is interesting, as I see that my colleague is much younger than I am, yet some of the things he talks about are from a long time ago. It is interesting that in February, for example, vinyl outsold CDs, which is a change that is happening.

I have a challenge with what the member is saying. I sat on the heritage committee for Bill C-10 and Bill C-18. Bill C-18 talks about money transfer, but it does not talk about the CRTC. That is the challenge that I have with Bill C-11. The Liberals could do the monetary thing but not involve the CRTC. People understand support for artists and understand royalties or whatever they want to call it. However, why involve the CRTC?

Back when Bill C-10 was passed, it was without that “user-generated” part. It was in there and the Liberals took it out. However, why do we need to involve the CRTC if they keep talking about monetary support going to the artists? The Liberals quote a lot of professional organizations that like the money, but why are they not talking about the artists themselves and a mechanism for where the money would go? In Bill C-18 they talk about where the money goes. Why do we need the CRTC? If they want the money to go to artists, why is that not what they are doing?

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March 30th, 2023 / 1 p.m.
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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Mr. Speaker, I think the Senate amendments deserve scrutiny and careful study. We are thankful for the intense study that took place on the Senate side. We believe that, given the extensive study of Bill C-10 in the 43rd Parliament, and given the nature of the legislation we have tabled in the House already, which is replete with user-generated content protections that relate to the exact issue my friend opposite is raising, those protections are already in place and that potentially introducing further aspects of this would superfluous and unnecessary.

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March 30th, 2023 / 12:45 p.m.
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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of International Trade

Mr. Speaker, I am pleased to rise in the House.

As I rise today, it is a bit like Groundhog Day. I am rising to speak on Bill C-11. The reason why it is so familiar to me is because I rose to speak on virtually the same bill in the last Parliament, when it was known as Bill C-10. I am rising again today on this issue because, once again, it is before Parliament.

There are certain issues that perhaps do not transcend from one Parliament to another, perhaps they are more temporal in nature, however, this issue has only become exacerbated with the passage of time. The issue and the pressing need to address the Broadcasting Act, to modernize that legislation and bring it into the 21st century has become even more acute and more critical. Thus is the reason why it has been presented by our government and why it is being debated today, and being debated with urgency. I do believe that the passage of this type of legislation is urgent.

When we are talking about the Broadcasting Act, we are talking about fundamentally Canadian content. We just heard a very impassioned speech by my colleague from the Bloc Québécois, talking about the importance of promoting English Canadian and French Canadian cultural content. This has been a critically acute issue for Canada for literally decades. The principle reason is because of our geographic proximity to our friend and ally, a nation whose president was in this chamber literally short of a week ago, a cultural behemoth that has the potential to overshadow and really eclipse content that is being produced in other nations, including the nation that is its most proximate neighbour.

We realized this many decades ago, and that is why we put in place, as a government, as parliamentarians, protections for Canadian content, so we could have Canadian stories told, told via television, film and music. Those were important protections. Those protections were put in place in legislation that hearken back to a different era, when people received their content through things like the radio. It is not coincidental that in French, when people talk about the CBC, it is called Radio-Canada, because that was the principle medium for the transmission of communications, including entertainment at the time.

Radio and television dominated the landscape for nearly a century. However, things have changed. In the old era, what we would do and what we continue to do today is put, as a condition of a licence for a television or a radio broadcaster, that it must invest in Canadian culture and Canadian artists. That has produced significant results.

However, the status right now is very different. I will include myself as one of the Canadians who have changed. Times have changed. Canadians are not using cable very much anymore. I think I might be one of the rare households in this chamber that still has cable. I use it for watching things like the Toronto Blue Jays, and God bless them today on the opening day of the season. I hope they have great season.

Independent of sports, most people are consuming their content online, on streaming services. Streaming is everywhere. People stream on their phones, in their cars, on their televisions. Many people are enjoying this.

I was actually looking up some of the statistics, and it is quite startling. Right now, eight out of 10 Canadians, or 80% of our entire country, uses at least one streaming service. Just in 2016, one year after our government took office, that number was five out of 10. Again, I will include myself in the people on the outside looking in back in 2016. People would talk to me about streaming Netflix and I did not know what they were talking about. I am being quite honest.

Now, not only am I streaming Netflix, but we have a Disney account, and my kids want me to get Amazon Prime, which I really do not know about. There is a number of different streaming platforms that people are attracted to or are already using. Six out of 10 Canadians, or 60% of the country, subscribe to two platforms or more.

However, the basic point is that while we have, on the radio and television side, things like Bell and Rogers contributing to Canadian content, which is a good thing and it is something we want to continue, streaming platforms, such as the Amazon Prime, YouTube, Crave, Netflix and Spotify, are broadcasting to Canadians, using Canadian content to market to those Canadians, but they are contributing absolutely nothing to the flourishing and development of more Canadian content on their platforms. They do not have the same requirements applied on those platforms as are applied on standard radio and television broadcasters.

There is the problem. From a very basic perspective, what are we here for as parliamentarians, if it is not to identify problems and seek to address them for the benefit of Canadians. That is something quite fundamental, and I think all 338 of us try to do that every day, that we are privileged to hold these types of positions.

Nevertheless, the legislation has not kept pace. I found it quite fascinating that the last time the Broadcasting Act was amended was in 1991. I was in my second year of university at McGill at that time. I do not even think I had an email address at that point. I think I got one my fourth year. It was really long and basically never used, because in order to use it, I had to walk into a separate office on the west floor of the building to access something called email. At that point, the Internet was mainly the purview of the U.S. military that had invented it years before.

There was no such thing as smart phones. There was certainly no such thing as apps. We were living in a completely different world and that was merely, on my account, about 32 or 33 years ago.

Back then, given that landscape in 1991, the Broadcasting Act was perfectly useful and suitable to the landscape as it was then. It dealt with radio and television broadcasters, because that was where people found their content, and we ensured that those radio and television broadcasters were promoting Canadian content.

It is now 2023 and the landscape has changed dramatically in the last decade, but certainly in the last few years. What we are seeking to do with this legislative amendment to the Broadcasting Act is to ensure that we promote, and continue to promote, great Canadian stories dans la langue de Molière, mais aussi en Anglais wherever those stories are found.

This bill would give the CRTC the ability to require that online streaming companies that profit from playing Canadian content, including Canadian music, film and TV shows, make financial contributions to support Canadian creators. This is a critically important objective.

What I am equally pleased about with the bill is that if we are to reopen a piece of legislation, we may as well improve upon it. We are modernizing it to deal with this new online landscape. We are also doing something that is quite targeted and deserves some attention. We are promoting the diversity of Canadian creators. What do I mean by that? We are promoting indigenous creators.

I spent a lot of time in our first Parliament working on indigenous language protection when I was the parliamentary secretary to the then minister of heritage. What we heard, in all the consultations we did and in all the work that turned into what is now the Indigenous Languages Act, which thankfully got support from everyone in this chamber, every party, as it should have, was that in order to promote indigenous language, the restoration and revitalization of those languages, we needed to ensure that we were also supporting indigenous creators. This bill would do that. It is an important aspect.

It also addresses persons with disabilities. We talk a lot about changes to things like the accessibility act. We talk about the Canada disability benefit act that we are rolling out. At the same time, we need to ensure that people's sense of inclusion and understanding of persons with disabilities is enhanced by ensuring that persons with disabilities are seen and included in the Canadian content we all absorb.

The same can be said for people of diverse sexual orientation. The LGBTQ2 community is specifically mentioned in this legislation as a group of creators whose content we want to promote.

I will finish on this idea of other diverse creators, which is Black and persons of colour. As a racialized member of this chamber, this has been a weak spot for our country, quite frankly. Our Canadian content creators need to have an applied focus that directs them to enhance and empower the voices so Black persons and persons of colour can see themselves reflected on what they are consuming on television, in film and on musical platforms when they are streaming. It is important for all Canadians to be able to see themselves in the content.

I need to address an issue that was raised repeatedly in the last Parliament and it has been raised repeatedly during this Parliament about this bogeyman of restricting freedom of expression. I have two broad responses to what I feel is an improper and incorrect attack on this legislation.

It is logically flawed to posit that this is a challenge to freedom of expression. It is also inaccurate in terms of the substance of the bill. It is a logical flaw.

On the logic of this kind of argument, the fact that we have been promoting, for decades now, through financial contribution requirements, things such as radio and television broadcasters, those promotion efforts would have restricted or diluted the creation of Canadian content as opposed to enhanced it.

We know for a fact that the enhancement has occurred by ensuring that broadcasters, in that physical and traditional context, are required to apply money and funds from their profits toward the creation of Canadian content. We have had, on the musical side, the Arkells and The Tragically Hip. We have had Rush and Drake from my city.

On the television side, we have had everything from the Beachcombers to Kim's Convenience and everything in between.

We do not get those great Canadian success stories without that applied directive to ensure there is financial enhancement in the industry by broadcasters to support creators. Therefore, with that simple logic, if this model were flawed, it would have diminished the amount of Canadian content as opposed to enhancing it, and the same reasoning applies here.

The same would apply for ensuring that online streaming companies are classified as broadcasters. What we will see, far from diminishing Canadian expression, is enhanced Canadian expression. What do I mean by that? It is going to compel the Amazon Primes, Netflix and the Spotifys of the world to ensure that they are making Canadian content discoverable and are contributing monetarily from their very healthy bottom lines, balance sheets and profits to the creation of more Canadian content. That is a good onto itself.

However, the argument on the challenge of freedom of expression is flawed even in terms of the bill itself. If there is one thing that changed between the last Parliament and this Parliament is that, although the framework of the bill is the same, and we heard this argument so many times in the 43rd Parliament, we went to great lengths to ensure that there would be multiple provisions, not just one, that stipulate that this bill was not about restricting freedom of expression.

The bill would not dictate what Canadians can see and do on social media. The bill explicitly excludes all user-creator content on social media platforms and streaming services. Those exclusions mean that the experience for users creating, posting and interacting with other user-generated content will not be impacted whatsoever. Multiple clauses in the legislation explicitly state that the regulations the CRTC imposes on platforms through the Broadcasting Act cannot infringe on Canadians' freedom of expression on social media. Provisions indicate that the act would not apply to uploaded content.

All regulatory requirements and obligations in the bill would only affect the broadcaster or the platform and never the user or the creator. For the individual Jane and John Doe in their basement seeking to upload something, create a music video or put something online about how they are playing the guitar, how their guitar level is increasing or singing a song and uploading it online, this does not speak to them. It speaks to the Amazons and Spotifys of the world, and that is an important delineation that has been emphasized by the text of the legislation.

Why is it important to support these creative industries? It is critical. Not only is it about the value, which I indicated at the outset of my comments, it is about the importance of telling Canadian stories particularly when we are threatened by a sea of non-Canadian stories from our neighbour south of the border. It is also important when we think about what Canadian creators, many of whom I am very privileged to represent in Parkdale—High Park, do for us as a nation.

During the pandemic, we heard extensively about the contributions of Canadian creators to Canadian society. When people were going through difficult times, when there were higher levels of anxiety and depression through lack of physical contact with one another, it was our Canadian creators who were there to support all of us, to tell stories and support us in some of our most troubling times as nation, literally since probably World War II.

Those creators are also economic contributors to Canada. It is not just the people who actually make the film, direct, act and produce the screenplay, it is not just the people picking up the instruments or microphone, it is a whole host of supplementary supports for the industry that contribute to the economic uplifting of Canadian society. For no other reason than the economic benefit, I would hope His Majesty's loyal opposition would support the bill for the economic productivity that stands to be gained by this type of legislation.

It is really important to look at the host of cultural creators who have lined up in support of this bill: The Canadian Association of Broadcasters, ACTRA, SOCAN. I will read what Alex Levine, the president of the Writers Guild of Canada, has to say. He says:

Private, English-language Canadian broadcasters have reduced their spending on Canadian television production every year for nearly a decade, while foreign streaming services have taken over more and more of the Canadian market. This threatens our whole industry, and the tens of thousands of jobs it supports. Canadian broadcasters have long been required to contribute to the culture and economy of this country. It’s time for global streamers profiting in Canada to be held to the same standards.

Mr. Levine is talking about levelling the playing field. It is a very simple concept. If something benefits from Canadian content and access to the Canadian market, it needs to contribute to the Canadian content it is benefiting from. It is as simple as that. By pursuing a level playing field and modernizing this legislation, we could bring the Broadcasting Act into the 21st century. For that reason, I hope every party in this chamber will support this legislation.

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March 30th, 2023 / 12:15 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, I did not think that we would make it to this point. Sometimes when we are expecting a quiet day, we realize that there can be a lot of excitement in the House.

I want to begin by saying that I will be sharing my time with my very entertaining colleague from Longueuil—Saint-Hubert, which means things will be relatively calm and composed for the first ten minutes and then they should get a bit more exciting once he takes the floor.

To begin, I would like to say that I am not exactly disappointed we are approaching the end of our study of Bill C-11. We are considering the amendments proposed by the Senate. I suggest that members mark the date on their calendar because, as a Bloc Québécois member, I commend the thoroughness of the work done by certain senators. I know that some of them really took to heart their task of proposing amendments and improving a bill that, I admit, could still use some tweaking. I would like to acknowledge the dedication of those who took the work seriously and tried to change things by returning a document that they believe is better. There is a reason why the government accepted a great many of the proposed amendments in its response. The amendments passed the test and will appear in the final version the House returns to the Senate. I commend this work.

I also want to acknowledge the work of all the members of Parliament who worked on Bill C-11, formerly Bill C-10. I would remind members that the bill was introduced in November 2020. That was quite a while ago. When the bill was introduced, the cultural industry and the Quebec and Canadian broadcasting system had already been awaiting it for decades. The Broadcasting Act had not been updated since the early 1990s.

I already mentioned I was working in radio back then. At the time, we had cassettes that we inserted in cassette players. We played CDs, and some stations still played vinyl records. Young people can do an online search to see what a vinyl record looks like. All this to say that, today, we no longer know what the equipment looked like, given how much the industry has changed. The technology, recording methods and ways of producing and consuming culture have changed in surprising and unexpected ways over the past three decades. There is no reason to believe things will be any different in the next three decades. That is why we need to implement a flexible broadcasting law that can handle the technological changes we will see in the years to come.

Today there is a lot of talk about artificial intelligence, and we are already questioning that technology because we are concerned about where it will lead. We do not know what broadcasting will look like in the coming years. That is why we need to implement a flexible broadcasting law that can adjust to change.

One of the Bloc Québécois's proposals was retained by the Standing Committee on Canadian Heritage and found its way into the version of Bill C‑11 we are currently studying. It was the proposal that we should not have to wait another 30 years to revise the new act. It is a sunset clause. Every five years, we will be required to reopen the act and see whether it is still sufficiently up to date. I think that it is a responsible and intelligent provision that will make us do our job properly.

Every time I have spoken about Bill C-11, the underlying concern has always been Canadian culture. Francophone Quebec culture is what really matters to the Bloc Québécois, but we did not limit ourselves to proposing amendments and improvements to Bill C‑11 just for the benefit of Quebec culture. Of course, that is what is most important to us, since it is in our nature, but our proposals to promote Quebec culture will have an impact on all French-speaking Canadians.

We stood up for francophones across Canada, and everyone will benefit. The Bloc Québécois made substantial improvements to Bill C‑11. Thanks to these improvements, consumers will be able to find content produced by Quebec creators, artists, singers and songwriters on digital broadcasting platforms, just like they hear it on the radio. They will also see our talented creators' work on video streaming platforms such as Netflix and Disney+.

That is huge, because right now, we are under-represented on those platforms.

There is a lot of disinformation circulating around the concept of discoverability. The Conservatives came up with this idea that web giants would be required to tinker with their algorithms in order to force Quebeckers and Canadians to watch one type of content rather than another, or to stop them from watching one type of content rather than another. I do not understand how Quebeckers and Canadians could swallow such claptrap.

That is not at all what these regulations will do. What they will do is showcase our culture, our industry that generates billions of dollars annually. This will enable it to keep thriving in this new realm, which will also continue to evolve. We need to make room for our culture.

Discoverability is not a matter of imposing content on people, but of making content available. Take the playlist of someone who listens to Bryan Adams. I may be showing my age with that example. Perhaps I should have said Justin Bieber. Why not show that person some francophone artists? They are only suggestions. This is just about suggesting that culture. That is all.

Right now, the cultural industry is losing millions of dollars a month because there are no regulations requiring web giants to contribute the same way broadcasters and cable companies have contributed in the past. In addition to the tens of millions of dollars in lost advertising revenue, there are also tens of millions of dollars in royalties that artists are not receiving.

That is what Bill C-11 will fix. It will force web giants to follow the same rules as traditional broadcasters. I do not see how anyone can be against making billion-dollar companies like Netflix, Apple TV+, Disney+, Amazon Prime Video, Spotify, YouTube and Apple Music contribute to the industry they are making their money off of.

This industry is not just made up of CEOs and big-shot producers. There are also people like self-employed cultural workers, film crew and recording studio producers. Many of them left the industry because they knew that it would take time for things to get back to the way they used to be, especially because of the pandemic. If, on top of that, we do not enact regulations to promote investment in the sector, they will never return, and we will lose an incredible valuable resource.

Remember, I am talking about hundreds of thousands of jobs in Quebec and Canada. Culture and broadcasting represent billions of dollars in revenue. To me, it is a no-brainer that those who benefit should also contribute.

We are finally approaching the end of our study. We will be sending our response to the Senate. I hope that the senators will waste no time doing what we expect them to do, that is, ratify what is coming so that the web giants have to contribute and that our cultural industry can prosper and continue to show the world what it means to be a Quebecker or a Canadian.

Our culture is not American, Chinese or European. We have our very own culture, and it is up to us to protect and showcase it. That is what this bill is all about.

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March 28th, 2023 / 3:55 p.m.
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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Mr. Speaker, I thank you for generating that much enthusiasm and excitement for what I have to say because it is riveting. It is going to save our privacy and information, if people would just listen to what I have to say here right now, but I digress.

In that 23 years since I started teaching at Red Deer college and since the passing of the original act, PIPEDA, as it is affectionately known, IT, our information systems and our networks have developed so rapidly that the legislation has not kept up. That lack of urgency is not only in the government in getting it wrong in the previous Bill C-10. I am not talking about the disastrous Bill C-11 we have been talking about recently. I am talking about the previous version of Bill C-11 back when the current Bill C-11 was Bill C-10. As I said earlier in my speech, there are so many pieces of legislation that the government has had to redo that it gets difficult to keep track of all the numbers over the years and over the Parliaments.

I would just urge my colleagues to stop to consider the very important nature of this legislation as it pertains to the protection of our personal information. Are there some things in this bill that I could support and that others in the House should be supporting? Of course there are. The bill presented in the House today allows us to have a conversation about the future of Canada's privacy protection and other technological advances, such as those found in artificial intelligence, which is the next great breakthrough. It will challenge us as lawmakers in this place to keep up with the technological advances, all of the good and bad that come from artificial intelligence.

As I understand it, the EU's 2016 General Data Protection Regulation, otherwise known as the GDPR, is the gold standard for this type of regulation and I hope that, despite some of our differences here, and there are many, we could at least agree to strengthen the privacy protections for Canadians.

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March 27th, 2023 / 11:20 p.m.
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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Madam Speaker, I will be splitting my time with the member for Selkirk—Interlake—Eastman.

I am always proud to rise to speak on behalf of the residents of Kelowna—Lake Country on legislation we have before us. Bill C-11 is before us tonight at this very late hour. It would amend the Broadcasting Act.

Our constituency office has received hundreds and hundreds of emails, letters, phone calls and messages on this bill. Every time I am out in the community, people come up to me, letting me know how they do not want Bill C-11 to pass, as well as the former Bill C-10.

I think it is amazing that along with soaring gas and grocery bills and rising rent and mortgage payments, residents in my riding are letting me know that in addition to these very important topics, they are also concerned about this bill, which would affect their use of the Internet. I think it is because all of these topics affect their lives every day.

That level of attention is warranted because of what the government is proposing for this legislation to pass. It would cause unprecedented changes in how Canadians go about their daily lives online. Local residents in my community, Mitch and Lori, wrote to me to say that Bill C-11 represented the tipping point of government overreach.

Benji wrote to me to say that Bill C-11 would represent a major step back for our country.

Were Bill C-11 to pass, which it looks like it will with the Liberal-NDP coalition, those members in this House would be gifting the Liberals the power to play censor on what Canadians can see, if it does not match what they determine to be classified as Canadian content. The beneficiaries are the oldest legacy companies whose viewership has decreased. This bill would allow the government to have a policy directive implemented through actions like criteria. The government would give authority over online licensing and other matters. The only thing is that we have no idea what these would all be.

Bill C-11's twin bill, Bill C-18, would help failing legacy media companies looking for government cheques. They have found a perfect partner in the Liberals' desire for greater control of everyday Canadians' lives. A free and democratic country like Canada should never seek to empower the government with censorship powers to protect failing companies.

Canadians are rising up against the bill and against the Liberals for not listening. Bill C-11 is the government's proposed updating of the Broadcasting Act to provide the Canadian Radio-television and Telecommunications Commission, the CRTC, the power and authority to regulate online content platforms.

The stated reasoning behind Bill C-11 is to bring the CRTC into the 21st century, while supporting Canadian artists and promoting the spread of Canadian content over that of international competition. While that may seem like a noble goal, there are reasons Canadian artists, legal experts and digital content providers are speaking out against this bill. In fact, this legislation is going to suck content creator innovation into an antiquated Broadcasting Act black hole.

There are profound questions about using the CRTC bureaucrats as online regulators, as would be granted by Bill C-11. Here I am again in this House standing against bureaucracy and government overreach. This bureaucracy, the CRTC, took over a year to implement a three-digit number for mental health emergencies, despite that action being called for unanimously by all members of this House. This organization has proven to lack accountability. It regulates the telecoms and we know that Canadians pay some of the highest rates on the planet.

The questioning we did at the industry committee last summer of the CRTC, that I was part of at the time, on the Rogers' outage was like we were questioning a telecom executive and not an executive of the regulator.

The CRTC's expertise is primarily regulating radio waves, television feeds and advertising. If this bill passes, it would also be tasked with regulating user-content generating websites, like YouTube, where users upload hundreds of thousands of hours of video content every minute but even assuming they could do it, the federal government should not be policing what will be defined as Canadian content when using social or digital media platforms.

Canadians are right to question an organization having the power to censor or impose what content will be prioritized for Canadians to see online.

Here is the most concerning part: The criteria will come later and we have no idea what the criteria will be. We are just to trust the Liberals.

A free and open Internet is the gold standard of open, democratic nations around the world. The bottom line is that what we will search for and see online will be different after the CRTC puts in place its regulations, which will change online algorithms.

The former vice-chair of the CRTC, Peter Menzies, has come out strong, all along the way of this legislation. Of this legislation from the past Parliament, to which there really are few changes in the new legislation, he said, “Overall, it ensures that going forward all Canadians communicating over the internet will do so under the guise of the state.”

Then, in November 2022, Mr. Menzies stated, “If Bill C-11 passes and Internet regulation falls into political hands, Canadians will regret it for the rest of their lives.”

Many of the very people the Liberals say Bill C-11 would help do not even want it. There was extensive testimony, at both House of Commons and Senate committees, by content creators, digital experts and professors. Without Bill C-11, Canadian artists are succeeding in making their full-time livings producing content on digital platforms with the support of fellow Canadians and viewers from around the world, receiving billions of views.

Canadian social media stars bringing their concerns to the federal government about their content being hidden because of Bill C-11's regulations found themselves ignored. Over 40,000 content creators affiliated with Digital First Canada called for the discoverability rules in Bill C-11 to be removed. The government is not listening to all of these voices.

What is discoverability? It really is about, when one searches online, what comes to the top based on what one is asking about and what one's interests are. This legislation would change discoverability, because the CRTC would come up with criteria that would rise to the top.

The Liberals have refused every offer of good faith regarding Bill C-11, not just from regular Canadians but also from the government's appointed senators. Most of the senators are independent who sent an unusually high number of amendments, after months of study, back to the House of Commons.

The minister responsible made it clear he was rejecting all amendments that attempted to restrict the powers he sought for himself and the CRTC.

Once again, this has never been about good legislation, better regulation or updating our laws. It is about control for the Liberal government.

Some Canadians have already gotten a sneak preview of what life with Bill C-11 might be like. Recently, Google announced that, because of another overreaching online law, Bill C-18, it started a test run to temporarily limit access to news content, including Canadian news content, for some Canadian users of Google.

This was not an outright ban. However, people were searching and not seeing what they did before, and that is my point here. Censorship by big government or big tech has the same results.

When I debated the government's original version of this bill in the previous Parliament, I said that Canadians did not want this deeply flawed legislation that would limit speech and online viewing.

The number has changed from Bill C-10 to Bill C-11. Sadly, everything else has stayed the same, with some minor amendments from the Senate. The most important Senate amendments have been rejected by the government.

Canadians still do not want it, but the Liberals and their coalition partners insist on passing it. It is time for a government that protects consumer choice and encourages Canadian creators instead of getting in their way.

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March 27th, 2023 / 11 p.m.
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Conservative

Dave Epp Conservative Chatham-Kent—Leamington, ON

Madam Speaker, and be heard, as the member aptly interjected.

This includes those who upload content to social media platforms and other digital platforms. They expect to be just as visible as their neighbours, regardless of how Canadian the CRTC thinks their content is.

Even with the amendments put forward by the senate, Bill C-11 remains a misguided and deeply flawed piece of legislation. It is one that ironically does not reflect Canadian values and the realities of digital content creation. Canadians are rightly concerned about the infringement on their freedom of speech and the implications of possible government overreach that this bill, like Bill C-10 before it, could have on them, on the freedom of speech and on the freedom to be heard.

The government does not trust Canadians with freedom.

If ensuring citizens were accessing local content online was truly a pressing issue, would we not see other governments around the world enacting similar legislation? We have heard the criticism of comparing the bill to other authoritarian states, but when it comes to online censorship or the possibility of it, that is exactly where this potential legislation can go. These are not countries that we want to emulate.

Initially, the government put forward, in clause 7, unprecedented power of the government over the CRTC. The Senate rejected this amendment and, fortunately, in the light of day, the government accepted that rejection. Many stakeholders were concerned about the amount of regulatory authority this would give the government over communications in Canada.

It is difficult to imagine how the government could put forward legislation with so many unintended side effects and areas of ambiguity. It has led many to speculate that the so-called side effects were actually the true intention of the bill. I must admit, I do not blame them for entertaining such thoughts. The alternative seems to be that so little thought was put into a bill of such consequence that they did not realize the impact it would have on Canadian creators and Canadian internet users.

We are seeing a large number of Canadians, both content creators and consumers, expressing serious and valid concerns about the way their government is handling their livelihoods and entertainment. Under Bill C-10, the attempt by the Liberal government to regulate the Internet and limit Canadians' free speech and free hearing was unacceptable, and it is still unacceptable in its current form under Bill C-11.

The number of jobs created by content creators who have enough audience to monetize their channels, like YouTube, in Canada is estimated at about 28,000 full-time jobs. Instead of hindering this type of digital-first Canadian content creation, we should be supporting it. The best way to ensure Canadian content is allowed to thrive is by empowering our creators and not limiting them.

We must not only support our Canadian artists but also pave the way for the next generations' success. We have an obligation to ensure that new bills do not hinder the creativity and the individuality of our creators so that innovation can be fostered. This country has a wealth of venues where inventive ideas emerge daily, and it is in our best interests to help our creators export their talent around the world.

As Conservatives, we will always support Canadian creators, artists and broadcasters by protecting their rights and freedoms. Bill C-11 remains an unacceptable attack on those freedoms, as it provides both the CRTC and the government with unprecedented control over online content.

This is a misguided piece of legislation that will see the potential end of free speech and free hearing for Canadians online. Why does this government not trust Canadians with freedom?

Online Streaming ActGovernment Orders

March 27th, 2023 / 9:45 p.m.
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Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, if we want to talk about the bill in particular, let us get to what we are supposed to be debating tonight.

On Bill C-10, there was a portion in there that had an exemption for programs and that users could upload on social media. In other words, there was an exemption for user-generated content. I do not know if the member is actually familiar with that term.

In Bill C-11, they put the exemption back in. What clause was that? Moreover, in what clause did they actually put an exemption on the exemption?

If the member knows the bill that well, why did they put that exemption on an exemption and what clause was it?

Online Streaming ActGovernment Orders

March 27th, 2023 / 9:30 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, I thank my Green Party colleague for her question. I think it is an important one.

If we are being realistic, the Conservatives are using scare tactics for political fundraising purposes. That is what we are seeing. They are doing this for purely partisan reasons, to collect data, collect money and fill the Conservative Party coffers. They are spreading misinformation and worrying people for nothing.

In my opinion, the Conservatives are demonstrating a distinct lack of sensitivity when it comes to culture, the cultural sector and artists, when all of the artists' associations in Quebec and Canada strongly support Bill C-11, formerly Bill C-10, and think it is absolutely necessary for their future and our future as a cultural nation.

Online Streaming ActGovernment Orders

March 27th, 2023 / 9:20 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I want to let you know, in a very polite way, that I will be sharing my time with my very hon. colleague from New Westminster—Burnaby, who has some very important things to tell us and all Canadians.

Before I get to the heart of the matter, I will say that I have been listening to my colleagues from the Conservative Party for a few hours now and I am seeing things that are rather fascinating and disturbing.

The first thing I find fascinating is their insistence on quoting Margaret Atwood. I would just like to remind my Conservative colleagues that Margaret Atwood is a great defender of women's rights, including the right to abortion. If they are fans of Margaret Atwood, I hope to hear them quote her soon to defend a woman's right to abortion. I am sure that they watched the series The Handmaid's Tale and they were able to learn a few lessons.

The second person they are quoting, and I think that is amazing, is George Orwell. I would just like to remind my Conservative colleagues that George Orwell was a socialist who fought in Great Britain and went to Spain to fight with the republicans against the fascists. I hope to hear them quote George Orwell often in the weeks and months to come, maybe even during the election campaign. I have some quotes for them, free of charge, if they want. It would be my pleasure.

We are talking about something that is very important for Quebec, Canada, all our regions and our communities, but also first nations: the cultural sector. It is really important for our identity, be it the Québécois nation, the Canadian nation, first nations, Métis, francophones outside Quebec, that we have the means and resources to be able to tell ourselves our own stories. It is important to have the resources to create our television programs, which describe what is happening in our communities, along with our challenges and hopes, and that we give this work to our local creators and artists who will work to be able to say, here is what is happening in Quebec, Ontario, the north, the Maritimes or British Columbia.

We have a system that was put in place years ago in which the government has a role to play in supporting our artists, creators, artisans and technicians, as does the private sector, which benefits from this cultural production. This production has value in its own right, intrinsic value, that makes us stand out from other countries and nations around the world and enables us to say that this is who we are, here are our ideals, here is what is happening in our country, here are our concerns and here are our expressions. I think it is essential to have the right legislative, regulatory and financial framework to keep that. We are also talking about thousands of jobs in almost every community across Canada, and it is extremely important to maintain this capacity to produce cultural content.

In the agreement created 30 years ago, those who supplied the pipeline needed content for it. They made money from this content. Therefore, they had to help finance the content. The cable companies at the time were the pipeline and were forced by the Broadcasting Act to contribute, in particular, to the Canada Media Fund, which helped produce Canadian television and film. This balance was a given and benefited everyone. Cable companies made a very good profit. They had certain obligations, but it made it possible to produce content in Canada, with Canadian artists who told Canadian stories. That was 30 years ago.

The problem is that cable companies are no longer the only ones in the picture. Digital broadcasters have arrived. When the act was written, the Internet did not exist.

This law must be modernized to ensure that these web giants, who are using a new medium, are also required to contribute to and support Quebec, Canadian and indigenous artists and creators.

Essentially, that is what Bill C‑11 is about. We keep saying this over and over again, and I am going to say it again, despite the Conservative fearmongering. There is something I cannot understand: If Vidéotron, Bell, Shaw and Rogers must contribute to cultural production under the bill, why would YouTube, Google, Disney+, Netflix and Apple TV be excluded? These web giants have basically been given a tax gift for the past 10 years. They have basically been told that they have the right to profit from Canadian content and cultural production without having to participate in it. It is like giving them a giant tax break that is completely unfair and unjust. I find it absolutely fascinating that the Conservatives are now saying it is okay that Google, Apple TV and Netflix do not need to pay.

The Conservatives are defending big corporations, multinationals that are making tons of money off Quebec and Canadian consumers. The Conservatives are lining up behind these web giants and these big corporations. That is what they are doing right now, using completely false pretences to scare people.

When it comes to Bill C‑10 and Bill C‑11, it feels like every day is Halloween for the Conservatives. They wake up every morning and think of ways to scare Canadians. They use emotionally charged words like “dictatorship”, “censorship” and “totalitarianism”. Wow. I have to wonder whether those folks have ever even seen a CRTC decision. That is not exactly what is going on. These decisions have actually been used to promote local cultural creations. I do not see how we are becoming like North Korea because we want to promote our television programs, our films, our artists, our singers. No one is being forced to watch or listen to anything. If someone is not interested, they can simply turn off their TV, radio, iPhone or iPad screen.

Give me a break. This fearmongering is an attempt to convince people that the federal government is suddenly going to decide what Canadians will see. That is ridiculous.

A couple of weeks ago the leader of the official opposition called the CRTC a woke organization. I could not believe it. Anything the Conservatives do not like they call “woke”. I attended CRTC hearings in a previous life, and I can say that CRTC officials are quite beige. It is a pretty square organization. They are talking nonsense on the Conservative side.

I believe that the CRTC has made good and bad decisions. There are reasons to criticize this organization, but it is a bit of a stretch to call it a far-left organization. Words have meaning, after all, and we need to be careful.

We recently celebrated the International Day of La Francophonie. One of the themes of the Organisation internationale de la Francophonie is discoverability of works. We must be able to ensure that people can find songs, works, broadcasts and movies in French on Netflix. Everyone celebrated the Francophonie in the House, but when Bill C‑11 is being studied, the Conservatives forget all that. It is no longer important now.

The NDP put in the work and improved Bill C‑11 to ensure that French-language works are more readily accessible and also to provide more support for first nation and Inuit cultural productions and for community organizations that make content and news.

I realize that Bill C‑11 may not be perfect. However, this bill has all the provisions needed to guarantee freedom of expression and to support our culture, artists and artisans. That is why the NDP is proud to support it.

Online Streaming ActGovernment Orders

March 27th, 2023 / 8:50 p.m.
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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Mr. Speaker, it is a pleasure to rise today and speak on behalf of the constituents of Red Deer—Lacombe about an issue that I am hearing quite a bit about. Before I go any further, I will note that I am splitting my time with my friend from Dauphin—Swan River—Neepawa.

Bill C-11, the online streaming act, and in the previous Parliament Bill C-10, is causing a lot of concern and a lot of debate here in Canada. We are not debating the bill per se anymore in the sense that it has been returned to this place. This does not happen very often. Those who are still able to freely watch this at home need to understand that it is very rare for the Senate of Canada to return a piece of legislation to the House of Commons, because normally MPs do their due diligence in the legislative process here. It goes through committees, where we hear from witnesses and hear from experts, and we can generally amend legislation in the House of Commons. I am not saying it ever goes to the Senate in perfect format, but if we are actually doing our job here, the Senate would have very few recommendations or changes to propose for a piece of legislation.

That is not the case with this particular piece of legislation. I believe there were 26 or 29 amendments made by the Senate. I can tell members how many Conservative senators there are in the Senate. I think there are 15, so that tells us that the vast majority of senators in the Senate are not in the Conservative caucus. However, that Senate, by a majority vote, decided to report the bill back to the House of Commons with well over 20 amendments, some of which the government has decided to accept. They are largely the innocuous ones. The important ones, dealing with what people can freely say online, what constitutes Canadian content and what the government and the CRTC can regulate, have not been accepted by the government, so we are in this debate now, in this standoff.

I want to be fair to the government in my analysis of the legislation, so I want to talk about the correspondence I have gotten in my office from Canadians and from my constituents in regard to the bill. We know how it is when we go to a convention. There is the “yes” microphone and the “no” microphone, with people speaking in favour of something and people speaking against something, so in fairness to the government, I will talk about the correspondence I have received that have a positive view on Bill C-11.

Now that that is out of the way, I am going to talk about all of the negative things we are hearing from constituents. Not since the proposals on firearms have I had this much uproar in my constituency. Actually, I have not had this much uproar since back in 2017, when the previous finance minister, Bill Morneau, tried in the summertime to change the tax laws in this country, which created so much furor.

Not one person in my constituency has written into my office to says they agree with everything the government is doing on Bill C-11, and there are people in my constituency who use social media, watch Netflix and watch Disney+. They are those who have not cancelled Disney+ and saved themselves from financial ruin, according to the current finance minister. All kidding aside, they have not, and here is why: It is because they trust the people who are being very critical about this piece of legislation. They are largely objective people.

Margaret Atwood has said, “bureaucrats should not be telling creators what to write” and that bureaucrats should not be in charge of deciding what is Canadian. She has referred to all of this with two words that I think should make every member of this House stand still and think for a second: “creeping totalitarianism”. That is from Margaret Atwood, a voice of reason. Everybody around the world has read, understands or has access to some of the fine works of Margaret Atwood.

Senator Richards, who was appointed by the current Prime Minister and is himself a novelist, in his January speech in the Senate said that Bill C-11 is “censorship passing as national inclusion”. I hear this all the time. I do not know what my colleagues hear, but basically when we hear the government talk about inclusion, what it really means is that everybody who agrees with it is included and everybody who disagrees with it finds themselves on the outside looking in and feels like they are foreigners in their own country. Our country has never been more divided, and there has never been less trust in institutions. We only have to go back to a little over a year ago to see what the reaction has been to the divide-and-conquer approach the current Prime Minister and the government have taken.

Senator Richards goes on to say, “Cultural committees are based as much in bias and fear as in anything else. I’ve seen enough artistic committees to know that. That what George Orwell says we must resist is a prison of self-censorship.” This is Orwellian language being invoked by a Senate appointee of the current Prime Minister. He also said, “This law will be one of scapegoating all those who do not fit into what our bureaucrats think Canada should be.” That is what an intelligent, articulate senator, a novelist appointed to the Senate of Canada, is on the record as saying in a speech in the Senate.

It is shocking that we find ourselves here in this place reviewing this legislation again after everything we said when it was Bill C-10 and before Bill C-11 went to the Senate. It has now come back to us with the senators confirming all of our suspicions, all of our concerns and all of the problems we identified for the Canadian public.

Professor Michael Geist, who has been a perennial witness here, is one of the most learned people when it comes to free speech and all of the laws pertaining to it. He is the University of Ottawa's Canada research chair in Internet and e-commerce law. On digital content, he says, “Canada punches above its weight when it comes to the creation of this content, which is worth billions of revenue globally. We are talking about an enormous potential revenue loss for Canadian content producers.”

This is at a time when Canadians are having an increasingly difficult time making ends meet with inflation, the carbon tax, the cost of living and the cost of housing. Everything is going up in this country. If we go back to January, Jack Mintz wrote an article about this. In 2015, the cost of the federal government service was about $38 billion a year. Today, eight years later, the cost of public service salaries is $58 billion, an increase of $20 billion. It is an increase in the size of the federal public service in Canada of over 30%, so there are 30% more people working for the Government of Canada now than there were in 2015. Have things gotten better? Have people gotten their passports quicker? Are people getting across the border quicker? Are people getting anything done? Are any of the services needed by my fellow Canadians getting done in a quicker and more timely fashion? The answer is clearly no.

Why on earth, why in the name of everything that is good about the free country we live in, would we increase the size of the bureaucracy even more through the CRTC and give it the ability to do to the Internet what it has done to cable TV and radio? Canadians are no longer watching. They have tuned out. They have tuned out to the point where the government has had to spend $600 million just to prop up legacy media outlets because nobody is interested in their mandatory content.

Why do we not hear from them? We can hear from many people. I have been a member of Parliament here for 17 years, and I hear from people I disagree with all the time, but that does not make me a bitter or jaded person. It does not make the information I am hearing more or less valuable. We need to hear from everybody, and everybody should have the ability to say what they need to say. When they are not heard, when they feel like they are not being heard and when they feel like their government is working against them all the time, they start doing things they would normally not do. We saw that manifested on this Hill for three weeks last year. This is the kind of governance we are getting from the folks across the way.

The implementation of this bill is going to be a blunder. There is no reason for me to believe that increasing bureaucracy and the capacity of the CRTC is going to create a better outcome for the people of Canada than the current 30% massive increase in the size of the government we have already seen. On behalf of my constituents who have written me, I would urge the government to at least reconsider its position on the amendments and accept all of the amendments the Senate has proposed, because it would at least make a horrible bill somewhat more bearable.

Online Streaming ActGovernment Orders

March 27th, 2023 / 8:20 p.m.
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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, I am glad I caught your eye so I can speak to this piece of legislation. I know I started speaking on it, but I guess the government made a mistake in its original motion. I was so keen to make sure I was here to add my voice and the voices of my constituents on this.

Years ago, when this bill was known as Bill C-10, which then got converted to Bill C-11, I remember standing at a Calgary Stampede pancake breakfast in my riding in the community of Auburn Bay. The hosts served two to three thousand people that day. I stood at the front of the line, and before people got their pancakes, they had to interact with me.

I had a great many constituents tell me the number one issue they wanted to talk to me about was Bill C-11. I was floored that some of them knew the number for a piece of legislation. A lot of young people wanted to talk about it. What they knew was that Bill C-11 was coming through and would have an impact on free speech, and they did not like it. I asked them what they knew, and we had an exchange about it.

The majority of emails I get are in opposition to Bill C-11 and also in opposition to Bill C-21. I have had a handful, which I could literally count on one hand, of people who have had positive things to say about Bill C-11.

People are extremely upset with the government over the Senate amendments and which of the amendments it has chosen to proceed with and which it has not. One of the Senate amendments it rejected would have protected user-uploaded content.

As we know, with most user-uploaded content, there is a possibility for someone to make revenue from it when they have a channel. All of it is captured by these amendments that the government would be accepting in Bill C-11. Bill C-11 is still a deeply flawed piece of legislation.

Before I continue, I want to say that I am splitting my time with the member for Lakeland, who I am sure will do a terrific job speaking on behalf of her constituents as well.

I want to go through the legislation, specifically section 7, which I have the most concerns with.

In my home, my kids go on YouTube and streaming services exclusively. We do not have cable. There is no over-the-air TV like back in my day. When I say “back in my day”, I still remember when there were black and white channels.

In Communist Poland, there were only two channels we could get. They were both in black and white. The joke always was that the regime had set up a second channel to prove to people the first one was not that bad. I do not remember it, but the first time I got to watch TV in colour was when I came to Canada in 1985. It was a nice thing to see that colour TV was something we could get.

My kids do not have that experience at all. They go onto YouTube and I go onto YouTube as well. I am going to mention two particular channels I love, because they are by Canadian content creators who would be impacted by Bill C-11.

The first one is an Ontario channel called TheStraightPipes. It is two guys from Ontario who review cars. They just get vehicles and review them. They would have to go to the CRTC to get a licence that says the videos they post are Canadian content.

They are from Canada. They are Canadian content creators. Even when they travel to America, I still think of their videos as Canadian content. Would they be eligible for a licence for their Canadian and international audience to be able to look at their videos if they go to America and do them?

The second one I want to mention is my favourite, and I mentioned it earlier in the previous stage of debate on Bill C-11 It is Leroy and Leroy. If people are not on Instagram checking out these guys from Saskatchewan, they are missing out.

Leroy and Leroy is the funniest comedy channel about funny street signs all over Canada. I will always remember the one video they uploaded of a “no parking” sign on a straight road somewhere in Saskatchewan. I know it is really difficult to figure out one straight road from another in Saskatchewan. It is a rural road, there is a “no parking” sign and there is just nothing there that someone would be concerned about vehicles blocking.

I wonder whether they would have to keep reapplying to the CRTC as Canadian content creators. Are they Canadian enough? When they travel outside of Canada to do their comedy routine, would they be Canadian enough?

I have a Yiddish proverb. I always have a Yiddish proverb. I am going to butcher the pronunciation of it.

[Member spoke in Yiddish]

[English]

It means, “Truth has all the finest qualities, but it is shy.” I am glad we are having this debate this evening, because it is an opportunity for the shyness to come out and the truth to come out.

Many members on the opposite side do not like the fact that we call this a censorship bill. We say the CRTC is going to be able to control what people see and hear online, but that is what many of the witnesses have been saying.

Countless witnesses, professors and academics, people who have specialized in writing, including a constitutional lawyer who used to work for our justice department, have expressed concern over the content of the bill and how the bill is written. When there is a disagreement between experts and the common, everyday people who write to my inbox telling me they are upset with the contents of the bill, I am going to trust my constituents, the real experts when it comes to legislation before the House. They are the ones I represent here. They are the ones who are going to have to live with the decisions we are making and the types of legislation we are going to pass.

I am very concerned with section 7. It reads, “For greater certainty, an order may be made under subsection (1) with respect to orders made under subsection 9.1(1) or 11.1(2) or regulations made under subsection 10(1) or 11.1(1).”

We write these laws in this manner. I am not burdened with a legal education, thankfully, but I did go back to the Broadcasting Act to see under which sections the government would be able to direct things. This one would allow cabinet to issue, under the heading “Policy directions”, any of the objectives of the broadcasting policies set out in a different subsection, or any of the objectives of the regulatory policies set out in a different section. It starts by saying, “the Governor in Council may...issue to the Commission directions of general application on broad policy matters with respect to”, and then it goes into detail.

The next section I will talk about is licencing. Everything to do with licencing would be impacted as well, because the government would be able to direct the CRTC through a policy directive and tell it what to do. That is all in section 7. It goes on to talk about regulations generally, and we find that in many pieces of legislation.

For those constituents who are perhaps watching this and will use this as an explanation when I go through this, it goes from literally 10(1) all the way down from (a) to (k), and the government covers everything down to what respects the audit or examination of the records of licencees.

What does that mean? Is it that, if Leroy and Leroy gets a licence with the CRTC to prove its creators create Canadian content, the creators can be audited, such as with respect to how many videos they did in Canada versus not in Canada? If TheStraightPipes brings in an American vehicle, or a vehicle perhaps manufactured elsewhere, are the creators going to be audited on that?

The bill talks about distribution, mediation rules and respecting the carriage of any foreign or other programming services by distribution undertakings. What happens if TheStraightPipes decides to do a joint episode with an American channel? Does it need a special licence, a different licence, and have to pay a fee? Is it Canadian content enough?

All these broadcasting rules are being brought into the age of YouTube, and they do not really apply here where the cost of production is so low and so close to people. However, in the bill, there are things about advertising, Canadian programming and what constitutes Canadian programming, which is where this Canadian content comes in.

Again, there are a schedule of fees, performing of the licence and the undertakings, which are all being covered, and it starts with the policy directives that can be set by the Government of Canada. A lot of different groups have expressed concerns about it. Like I said, it is probably the number one issue emailed to me or in the phone calls I get in the office.

I talked about the Calgary Stampede pancake breakfast outside the Auburn Bay A&W, which was hosting it. The gentleman who runs it, Balwant, is a great community activist. He is always helping different charitable groups and supporting them.

There are a lot of groups and individuals who think this is bad legislation: Digital First Canada; OpenMedia; J.J. McCullough, who is an independent journalist but has his own YouTube channel as well; Justin Tomchuk, who is an independent filmmaker; and the Digital Media Association. The list goes on and on.

This piece of legislation is bad. It is about censorship, or it would give the opportunity for it, and if the government really meant for it not to be not to be known by that, it would have abandoned this piece of legislation. It would have gone back to the drafting process and drafted a better bill.

This entire situation could have been avoided. Motions were tabled that actually did not do what they were supposed to do, and then the government came back and tabled a different motion because it is just trying to ram the bill through the process, and that has not worked out for the government. I think there are way more Canadians who know about Bill C-11 and about the CRTC than ever before, and the vast majority of them in my riding are opposed to Bill C-11.

I am going to vote against Bill C-11. I will continue to advocate against it, because that is what my constituents want me to do. Hopefully, through this intervention here in the House of Commons, I have been able to demonstrate that the legislation, particularly section 7, and its amendments to the Broadcasting Act are completely on the wrong track. The government needs to kill Bill C-11.

Online Streaming ActGovernment Orders

March 27th, 2023 / 8:10 p.m.
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Conservative

Martin Shields Conservative Bow River, AB

Mr. Speaker, it is an interesting debate today, and I rise to speak on Bill C-11.

I was here for Bill C-10, which went on until the Liberals finally realized it was problematic, shipped it off to the Senate and called an election because they knew they had a bad piece of legislation.

The Internet is an interesting place, but the expression of opinions has been going on for a long time.

I do not know if anybody in this House has been to Speakers' Corner in Hyde Park, London. People can stand there and express any opinion they want. There are libel laws in the Criminal Code; we understand that. However, people can stand on that corner and express their viewpoints. There is no censorship and no control. If they attract an audience, the audience might like to listen. If they do not attract an audience, so be it, but they still have the opportunity to do that.

In 1989, the World Wide Web was introduced as a tool for communication and connection, for the free flow of information no matter where one was located. One did not have to be on Speakers' Corner but could be anywhere in the world. According to Tim Berners-Lee, who is credited with founding the Internet, the web was a universal linked information system that “evolved into a powerful ubiquitous tool because it was built on...principles and because thousands...have worked...to expand its capabilities based on those principles.” That is how the modern-day inventor of this particular tool stated it.

Since then, it has exploded. At least five billion people in the world are using it. I remember being on a corner in Beijing, China, and the street vendor selling a watermelon was using the Internet. It has exploded around the world. It can be used to shop, browse and communicate freely. It can be used for anything one wants at just about the click of a button. This is the power of the Internet.

The government wants Bill C-11 to level the playing field, but I do not think this is the leveller. Despite what the government says, Bill C-11 would change the way Canadians interact with the Internet, and I do not agree with the how. Bill C-11 flies directly in the face of the Internet Rights and Principles Coalition Charter. The charter talks about the right to network equality, “universal and open access to the Internet’s content, free from discriminatory prioritisation, filtering or traffic control on commercial, political or other grounds.” It talks about the right to accessibility and expression, “the right to seek, receive, and impart information freely on the Internet without censorship or other interference.”

However, the heritage minister has continued to stonewall against some of our concerns. As Conservatives brought forward amendments that people were sharing with us, the government did not accept them and then went to the Senate after ignoring the amendments we wanted to make. Unfortunately, Bill C-11 stands in the way of Canadian innovation and tells Canadian creators that their aspirations can only be achieved with the help of the government. There is a phrase: “I'm here to help you. I'm from the government.” In my world, I tell people to run now and run like hell. When somebody from the government says they are here to help, people should run.

For decades, the Canadian arts and cultural sectors have reached global audiences without government choosing the next success story. In my riding, as in many rural ridings, over 40% of the people do not have access to broadband. The Auditor General stated that less than 60% of rural Canadians have broadband access. Maybe that is what the Liberals should be working on, not controlling the Internet.

When there are people in Canada who do not even have reliable Internet, we should be looking at that. However, the crux of Bill C-11 culminates in what the government has been doing since it took office. It wants to spend, regulate and control more. Enter Bill C-10 and then Bill C-11 to mandate the CRTC to regulate the Internet.

I have been on the heritage committee for a long time. There was a report with a recommendation that people should only be board members on the CRTC if they lived in the 613 area code. That was the Yale report recommendation. I am not sure about the CRTC when people have to live in Ottawa to be on the board.

Often during committee we heard that the CRTC was the only organization capable of achieving such a wide regulatory order. This bill would lead to the addition of even more government employees and costs, which would be significant whether done in-house or contracted out. It would be a huge cost. Not only would the scope of the CRTC reach Canadian radio waves and TV screens, but now it would also reach the Internet.

In 1997, a former Liberal MP, the Hon. Roger Gallaway, said:

[T]he Internet is the system linking computers all over the world, allowing the free flow of information. Now the new chair of the CRTC...has stated that her commission intends to regulate the Internet to ensure adequate levels of Canadian content. If information is flowing freely how and why is [the commissioner} going to measure its Canadiana?

Rather than spend our money in such a fashion perhaps a suggestion of redirecting her cash to libraries, book publishing or literary programs would be infinitely more meaningful. Regulating the flow of information is in a historical sense an extraordinarily dangerous step. I would suggest that regulating the flow of information is in fact censorship.

As parliamentarians I suggest that we stop the CRTC's flight of fancy before it takes one further step.

Does it sound familiar? History repeats itself, this time at the behest of the government. In 1997, when the Internet was but a fraction of what it is today, the concerns of regulatory censorship in what is Canadian content was being raised by the Liberals.

More recently, Canadian writer-director Sarah Polley adapted a screenplay from a novel by Canadian author Miriam Toews. She won an Oscar for her film Women Talking. Will the CRTC acknowledge that this production qualifies as Canadian content? Whether productions have significant involvement by Canadians is not considered by the CRTC to qualify as Canadian content.

Turning Red is a Pixar film written and directed by a Canadian, set in Canada and with Canadian characters. Does it count? No, it does not; it is not Canadian. Under Bill C-11, that decision would fall to cabinet, its order in council, the governor. Yes, that is the one that says they are going to give the directions to the CRTC. I do not think any party should be making those decisions and directing the CRTC.

At least the previous Bill C-10, a bill that died in the last Parliament, included an explicit exemption for user-generated content. However, then the Liberals removed it from their own bill. Members of the government realized they would not be able to tighten the grip on Canadians' viewing habits should that exemption remain. Therefore, they tried again with Bill C-11 and told Canadians not to worry but to trust them. That is another phrase. It gets scary when somebody says, “Trust me”.

A careful examination revealed complicated ways in which they can still be regulated. The Senate introduced an amendment intended to explicitly rule out user-generated non-commercial content, but the government rejected that too. The Liberals rejected the Senate, Canadians and the exemption. That must say it all.

As Canadians' foremost expert on Internet and copyright law, Dr. Michael Geist said, “For months, [the Minister of Heritage] has said ‘platforms in, users out’.... We now know this was false. By rejecting the Senate amendment, the government’s real intent is clear: retain the power to regulate user content. Platforms in, user content in.”

If the CRTC is given this mandate, it may direct social media platforms and streaming services to develop the algorithms to favour and disfavour based on a certain criterion, but one we do not know. No one but the government knows. The screening occurs through discoverability. When one opens a browser on a platform, such as YouTube or Facebook, such results would be screened artificially based on a CRTC directive. This needs to stop.

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March 27th, 2023 / 7:35 p.m.
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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, did the member for Nunavut know the indigenous met with the minister and stormed out of the office, they were so upset over the regulations on Bill C-11, even Bill C-10? The indigenous, the Inuit and others are not happy with what has transpired.

They do need their voice up north. If CBC was doing such a good job, we would probably not have needed APTN in this country. It is funny that APTN has taken over the voice of the indigenous people because the public broadcaster could not carry it. That has opened a window for those in Winnipeg and at APTN.

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March 27th, 2023 / 7:20 p.m.
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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Madam Speaker, I will be sharing my time tonight with the member for Sarnia—Lambton.

It has been really interesting to sit here listening to the debate because I have sat on the heritage committee for years and went through all the testimony on Bill C-10 and Bill C-11. The only thing I agree on is that the former heritage minister knew nothing about Bill C-10 and that is why he was replaced. I would say the current heritage minister knows very little about Bill C-11, and he too should be replaced. This is an interesting conversation we are having here tonight.

I say that because, when one sits in committee and hears testimony after testimony twice a week for four years, it is kind of interesting. It is true that this bill a dumpster. We have seen it since day one when the former heritage minister tried to explain it. It came back to the House early in June and then we shoved it off to the Senate, only to have the unnecessary election and the bill died. How serious were the Liberals on that? They had an election that did not have to be called if Bill C-10 were so important, but, no, they shoved it to the Senate, called an election that did not need to be called and the bill died. We had to start all over and two years later, here we are again on Bill C-11, and the Liberals are still arguing the same points as they did on Bill C-10. It is interesting.

Now we are dealing with the Senate's proposal on this bill. I will say that the Senate, in my estimation, did a fairly good job on this. It worked hard on this. It spent weeks on Bill C-11. It did not like what we sent it, we being the House of Commons and the committee, so it spent weeks going over this. In fact, it had 26 amendments that it recommended the government look at and put in the bill. That speaks volumes. We never get that many amendments from the red chamber.

Out of the 26 amendments, we understand the government took 18, but it did not take eight. For whatever reason, the government did not like eight amendments from the Senate, which I will get to in just a moment. The concern remains on all sides of the Senate. I know they are flipping each way over there, but they all agreed this bill is a disaster.

In the Conservative caucus, we have talked about this since day one. We have been very vocal on this bill for very good reason. We are very concerned with the Canadian Radio-television and Telecommunications Commission's involvement in Bill C-11. I am very concerned. I do not think it has the capability, in fact I will say that I know it does not have the capability, to really do what is necessary in Bill C-11.

It is not just the Conservative caucus talking about its concerns with Bill C-11. We have heard it from industry experts. We have heard it from academics, content creators and digital platform users. Everybody who came to committee over the last number of years expressed the same concern. Former CRTC vice-chair Peter Menzies spoke twice in committee about his concerns with Bill C-10 and Bill C-11. Dr. Michael Geist has been the most vocal on this, and he should be because he is Canada research chair in Internet law. I think he is one of the foremost thinkers in the country when it comes to Internet regulation. He has written oodles of articles not only denouncing Bill C-10 but also, recently, Bill C-11.

The government claims the platforms must pay their fair share. I have heard over and over today the government claiming that platforms must pay their fair share. This just in: They actually do. The government says it is long overdue. Platforms are among the biggest investors today in Canadian film and television production. There are all-time records in Toronto, Winnipeg, Regina and Vancouver. The business has never been so good. Why is that? It is because Americans are hiring Canadians to do their productions from Toronto, Calgary, Regina, Winnipeg and Vancouver. I could go on and on about the tremendous support in this country for working, paying taxes and shooting documentaries.

TV networks, such as CBC, CTV and Global, do not do documentaries anymore because they are too expensive. However, Netflix and Amazon do documentaries because there is skin in the game. They put well over $1 billion into this country's film and TV production, which is later shown either on streaming devices or sold to the traditional broadcasters.

The Liberals say that we need to support the next generation of Canadian artists. However, Bill C-11 would hurt Canadian artists the most. The Senate was absolutely convinced on this issue. We were, too, on Bill C-11, as were many digital creators, who risk being harmed by the CRTC regulation.

I heard the member for Nunavut the other day, and again a couple of moments ago, explaining that there is concern with this. The concern should be up north, where their voices have never been heard. CBC does not go up there. CTV would not go up there, and Global does not go up north to tell indigenous, Inuit stories. It is too expensive. However, here we have Netflix and Amazon giving us the stories of Canadian people. TV and film production is at its all-time high in this country.

We were told in committee by the largest entertainment workers union, Unifor, that streamers are now the largest employer in this sector. No longer is it CTV, Global or CBC. It is the streamers that are the largest employer in the sector. We can see how it has grown.

I am a 40-plus year veteran of television. I have seen the decline in television, but the gap has been filled by streamers and production houses from others that had to come into this country to put money on the table to produce some of the greatest innovation this country has ever seen.

My fear now is that CanCon demands and higher regulatory costs would mean that many streaming services from around the world could block Canada. The biggest concern, and I have talked about this, is regulating user content. This was one of the eight Senate amendments rejected by the government. I pointed that out. It appears that the government wants to retain the power to regulate. Instead of listening to experts, the Liberals are catering to the needs of big telecom companies, which basically hold the monopoly, and they have for decades, over broadcasting in this country.

One more time, I am going to talk about the CRTC because I am fearful of it today. The CRTC, as we have seen, is a body with little or no accountability. I would argue it is one of the least effective regulatory bodies in the whole country today. It is a body that can barely handle the responsibilities that it has. For starters, the CRTC has been totally ineffective at managing Canadian telecoms. We have the least competitive and most expensive telecommunication industry in the world. I blame the CRTC. Canadians today pay the highest prices for cell phones and Internet. Many, in fact, do not even have broadband in this country.

Then there is that three-digit suicide prevention line, which this place unanimously voted for in December 2020. How easy would that be to put into action? The CRTC, in its wisdom, has taken a year and a half for a simple three-digit suicide prevention line. How can we expect the CRTC to address the problems of broadcasting when we already know it has no idea how to handle its responsibilities?

The big issue with Bill C-11 is the CRTC and the Governor in Council. Canadians have woken up. I have gotten lots of emails in the last couple of days. I can share them during questions and comments. This is a bill that Canadians should be very fearful of.

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March 27th, 2023 / 7:05 p.m.
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Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Madam Speaker, it is a pleasure to rise again to speak to this bill. I spoke to Bill C-10 in the previous Parliament and I have spoken to Bill C-11 in this Parliament, and this debate around the Conservative amendment provides an opportunity to speak again.

I would like to start out by saying that Conservatives fancy themselves experts on all things to do with markets and the marketplace, but ironically they do not appear to understand markets. They do not seem to understand marketing distribution systems and networks, and the convergence of interests, big money interests, that occurs within these systems and networks.

In any market, big players, through their market power, can control distribution of product, physical or cultural. They can distort markets by deciding what consumers can have access to. It is an immutable law of the marketplace, as ironclad as the law of gravity itself, that the big players seek greater and greater market power, including through vertical integration. For example, distributors often seek to become producers of product. In the cultural sector, they seek to become producers of content. We see this with the big streaming services like Netflix and Amazon. In the case of Amazon, a company that was basically a mail-order house has also become a streaming service that does cross-marketing. When people order something on Amazon, they are asked if they want to subscribe to Amazon Prime.

Streaming services not only distribute content; they produce it more and more. It goes without saying that they have an interest in all of us being properly exposed to the content they produce at great cost. What is more, we see platforms like Google and Meta using their monopolistic muscle to intimidate duly elected governments, which I find unacceptable. This is whom the Conservatives are defending: the big streaming platforms, not the small, independent creators. They are sidling up to the big kids in the schoolyard. We are a long way from Adam Smith's free market of equals who bargain in the town square and achieve a fair equilibrium.

On the subject of algorithms, the bill is clear: The government cannot dictate algorithms to streaming platforms, end of story. The book is closed on that. In fact, it was never opened. Proposed subsection 9.1(8) of the bill reads, “The Commission shall not make an order under paragraph (1)‍(e) that would require the use of a specific computer algorithm or source code.” That is in black and white in the bill and has been since the very beginning, yet we keep hearing from the other side that somehow the government is trying to control algorithms. When members are characterizing what is in the bill as fake news, I find that very Trumpian. It is not fake news; it is fact, and it is fact in black and white in legislation.

There is also an assumption in the narrative of the official opposition that social media algorithms mean freedom, but algorithms are not the doorway to freedom. They can be straitjackets, straitjackets of the mind. They can be blinders. We know they can lock people in echo chambers that amplify their own ideological biases. Social media algorithms are not necessarily designed to expand one's horizon. On the contrary, they can be designed to narrow one's field of vision. They are myopic and can be used to promote specific economic and political interests. It can be through algorithms that biases are reinforced and, in some cases, that misinformation is given a high-octane boost.

Let us look at radio by way of analogy. Radio of the 1970s, when CanCon was introduced by a Liberal government, is not so different from streaming today, even though the Conservatives have tried to tell us that these are apples and oranges and cannot be compared. We can superimpose the Conservative position onto 1970s radio and see what would have happened if that argument, that ideology, had been applied to music on radio.

The opposition says that Bill C-11's discoverability features cannot be compared to CanCon, that they are night and day, apples and oranges. They argue that we needed CanCon when faced with the limited resource of radio frequencies and that this solution is no longer needed because the web is limitless and opportunities to be heard are infinite.

I agree about the web. It is an infinite ocean of limitless voices, large and small, and herein lies the contradiction in the Conservative narrative. How can there be censorship by governments, or anyone else for that matter, in the endless ocean that is the World Wide Web? It is an oxymoron to speak of censorship in the cyber-era, unless we are in North Korea, where Conservatives appear to think we live. Today's challenge is not censorship, but misinformation and disinformation amplified by bots and algorithms.

Let us go back to CanCon and radio. The reason we needed CanCon was to counter a powerful, U.S.-centric distribution system whose financial interests were not necessarily those of Canadian music creators. Without CanCon, radio stations would have played only music provided to them by multinational record companies with an interest in promoting the musical artists they invested in. How would radio stations have decided what songs to play from all the music supplied to them? Playlists would have been compiled according to listener requests, requests based on the music supplied by the record companies and played on the radio, and on record sales at record stores stocked with records also supplied by the same foreign-owned record companies.

In a sense, without a requirement for CanCon, which is a form of discoverability, the de facto music industry radio algorithm would not have left much space for great Canadian music.

Finally, the Conservatives say that if Canadian culture cannot make it on its own, without any kind of government support, then it should face the judgment of the marketplace. They seem to view Canadian culture as the latest automobile.

If the Conservatives are so vehemently opposed to government intervention, the support of culture, are they asking that we eliminate Telefilm and the Canadian film or video production tax credit, which support Canadian films, many of them award winners? I think that is one of the questions that need to be asked here.

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March 27th, 2023 / 6:30 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Madam Speaker, it is a great honour to rise tonight to speak to Bill C-11.

We have been around this issue a number of times. It is really important in this age of post truth, disinformation, falsehood and conspiracy that we actually say in Parliament what it is that we are debating and what the issues actually are. One would think this is a place where the precepts of truth are supposed to hold to some kind of standard but unfortunately they do not.

Bill C-11 is fundamentally about making sure that some of the most powerful corporations in the world, the web giants, actually pay a fair share of tax and level the playing field with Canadian broadcasters that are unable to compete, given the huge advantages that have been taken and appropriated by some of the media giants that have emerged out of Silicon Valley. For example, we can look at Netflix and how Disney moved online and took up a huge role of broadcasting, which is fine because industry changes. However, they are not paying nearly the level of tax in Canada for services they provide in Canada, which puts other Canadian operations at a disadvantage. They have also not been willing to pay into the system that has existed in Canada for years and has created an ecosystem of arts, culture and identity: the media fund. This is about levelling the playing field.

This bill is not about spying on one's grandmother's Internet. It is not, as I have heard Conservatives say, allowing the son of Pierre Elliott Trudeau to block one's YouTube views on how to fix one's deck. This is not about censorship and shutting down so-called free expression. This is about making sure that extremely powerful corporations pay their share, and we are going to talk about that tonight.

Some of this disinformation was certainly allowed in the previous bill, Bill C-10, because, I am sorry to say, the environment minister, who was then the heritage minister, had an inability to even explain what the bill was about. He created an absolute total dumpster fire and got people rightly upset because he could not explain the difference between corporate content and user-generated content. What exactly was in the bill? He did not seem to know. It left the arts community and everyone else having to do damage control.

Bill C-11, I would say, is an okay bill. It is not a great bill. However, as a legislator, one of the great honours of my career has been to work with parliamentarians from around the world on the need to address the unprecedented power of Silicon Valley and to make it obligated to respect domestic jurisdiction. Its complete disregard for domestic jurisdiction is a serious issue.

In 2018, when I was on the ethics committee and the Canadian delegation of parliamentarians went to London for the first international grand committee, I believed that the Canadian delegation was out front because the Conservatives, the Liberals and the New Democrats were working together. We understood the need to take on the disinformation. The threat to democracy was such a serious element that it was beyond partisanship. What I have seen in my international meetings is that the need to hold companies like YouTube and Facebook to meet domestic obligations is something that should normally be beyond partisan consideration, but that is not what has happened under Bill C-11.

We met with parliamentarians from Brazil who told us about the shocking rise of Bolsonaro, who was a complete marginal extremist. They told us about how he used the YouTube algorithms to drive his ascendancy, which has created a political toxic nightmare in Brazil. We met with representatives from the global south who attempted time and time again to deal with Facebook and YouTube on toxic disinformation that led to genocidal levels of death in Myanmar and Sri Lanka. We met with delegations from Singapore on their attempts to get these Silicon Valley companies to take responsibility for the hate that was being perpetrated.

Today, the member for Lethbridge, in one of the most dismal, disgraceful speeches I have ever heard in my 19 years, presented a complete falsehood and talked about this magical thing called the Internet. This is not 2004. This is 2023, when this so-called magical thing called the Internet in Myanmar replaced all the domestic media and was used to promote violent, hateful genocide that left thousands and thousands and thousands of people dead. We had the representative from Facebook come to our committee, and I asked them a simple question about the corporate responsibility for genocide. The answer we got was the classic Silicon Valley jargon bunk: Nobody is perfect and we are all on a journey together. We are not on a journey together when corporate irresponsibility leads to genocide.

This is not about my opinion. This was the United Nations begging Facebook to take responsibility because it was the only broadcaster. It was the same thing in Sri Lanka. It was the same thing in Germany, where we can track the rise of anti-refugee violence to the algorithms of Facebook and YouTube. What we never heard from the Conservatives in their attack on Bill C-11 is anything about the algorithms.

Again, I want to refer to my colleague from Lethbridge and the toxic brew of paranoia, disinformation and hate that was promoted. I have read the legislation, and the member said that Bill C-11 was going to allow the cabinet, the Liberals and the son of Pierre Elliott Trudeau to spy on people's search pages. That is a falsehood. To say that Bill C-11 would allow the Liberals, the cabinet and the son of Pierre Elliott Trudeau to watch someone's Facebook scrolling is a deliberate falsehood. That has nothing to do with how Facebook or YouTube works and the algorithms that drive people to extremism. The member said that this bill would allow the cabinet, the Liberals, the elite gatekeepers, the son of Pierre Elliott Trudeau and the big arts union bosses, whom she also threw in, to block people's ability to watch cat videos. That was said in the House of Commons.

I raise that because there is a lot of synthetic outrage we hear. That is part of the job. People jump up and down and declare all kinds of calumny toward the government. I have certainly declared all kinds of malice toward government over the years. However, we are in an age of disinformation and paranoia, and we are talking about the need for parliamentarians to rise above that and not feed it for mendacious political purposes. This is an important issue because we see in 2023 the rise of conspiracy politics, and the new leader of the Conservative Party thinks it is working in his favour.

When the member for Lethbridge says that if this bill is passed, it will make the leader of Canada powerful like the dictator of North Korea, not only is that a falsehood, but it is a disgrace to anyone who suffers under authoritarian regimes. It needs to be called out because we are at a point where 44% of the Canadian public believes conspiracy theories. That is being fed by the Conservatives, who believe that this will somehow get them an advantage in polling. It is a very dangerous path to go down.

We have only to look, for example, at the new shadow minister for infrastructure, who has used her time in the House to promote disinformation about Bill Gates, a classic trope of conspiracy theorists, and vaccines, which is another conspiracy misinformation drive. To her, Bill Gates and vaccines are undermining Canadian sovereignty, and she is accusing the Prime Minister. This is a person appointed as a shadow minister in the Conservative shadow cabinet. It is therefore not surprising that when Christine Anderson, a far-right German neo-Nazi extremist, came to Canada, she was feted and welcomed by key members of the Conservative caucus. They felt at home with that spread of disinformation.

This is not harmless stuff. A report that just came out on vaccine disinformation said that Canada had 198,000 extra cases of COVID, 13,000 more people sent to hospital and a $300-million hit to the medical system from people who were encouraged to believe in vaccine disinformation. An extra 2,800 people died as a result. That is double all the car accidents in Canada for a year.

These people were not isolated weirdos. They were our cousins, our neighbours and our aunts. When we see the Conservatives promoting vaccine disinformation because they think it is going to win them votes, we have to ask ourselves what is happening in our nation today that the political representatives of the people are not telling people that medical science is working with us. We did not have all the answers on the vaccines. We did not have all the answers on dealing with the biggest pandemic in a century. However, we all had an obligation to stand up and say that threatening and attacking doctors, nurses and paramedics is unacceptable. That is the danger of disinformation.

It not as though this pattern comes out of nowhere, because we know what happened in Brazil with the Zika virus. There was suddenly a proliferation of falsehood videos on YouTube that told mothers it was feminists making their children sick, that it was George Soros who was making their children sick. However, there were doctors and nurses on the front lines trying to stop that pandemic, and we saw the disinformation.

Why does that disinformation need to be talked about? We have never heard the Conservative caucus talk about holding the algorithms to account, but it is the algorithms that have created toxic disinformation. They are upending democratic engagement. The Conservatives talk about freedom, the freedom to believe in ivermectin and horse tranquillizers. We have heard Conservative leadership candidates brag about how great ivermectin is. They can believe whatever they want, but the issue is that this is about how the algorithms on Facebook and YouTube turn people toward disinformation.

I urge my colleagues to read the book The Chaos Machine. As they will see in it, when people started to study vaccine disinformation in 2013 and 2014, there were parent groups talking about raising their children, but the only ones that were promoted on the algorithm promoted disinformation. If someone clicked on one of those, soon after the algorithm would feed them more and more extremist content.

By the time the pandemic hit, I had joined an international group of parliamentarians led by Damian Collins from the U.K. We thought we could actually stay ahead of disinformation. We thought we could challenge it and take it on. However, within a month it was clear that the game was over. During the pandemic, if someone checked anything on Facebook while asking for the query “alternate health” in Facebook's search function, it sent them to QAnon. That is how the algorithm works.

The algorithms are set to send people to extremism, but we do not hear that when the Conservatives talk about Bill C-11. They are trying to make Canadians believe this is some kind of plot so that the big Liberal elites, their gatekeepers and their big arts bosses can attack our rights, spy on us and shut down our views.

In fairness, I know some of the Conservatives believe this. I firmly believe that some of them, in their hearts, do believe in the Klaus Schwab and George Soros tin hat conspiracy theory. However, I also know there is an element in the Conservative Party that thinks this is a great idea and that they should spread the hate and disinformation, because it will keep people angry and it will get them to vote against the other government. They do not come here with a vision of how to address the mass power of the web giants, which other jurisdictions are dealing with. They do not come here to ask how we ensure a balance of rights and freedoms and how we ensure local content.

I am not going to be the one to say let us give extra money to Postmedia or any of the other historic companies, but what is the obligation of companies to pay their share? That is a fair discussion and that is what we should be discussing, but it is not what this has been turned into. It is about the Conservative push to promote disinformation, falsehoods and ridiculous statements. The only thing I have not heard about from the Conservatives is “pizzagate”. That is about the only thing they have not mentioned. They have mentioned everything else but that.

When I go back to international forums with parliamentarians from France, Germany, Sri Lanka, Malaysia and Brazil, who are asking what Canada is doing about disinformation, I will say there is a mixed bag. We recognize the damage disinformation is doing, that it costs lives, that it is creating paranoia and that there has been a rise in death threats against doctors, nurses, paramedics and people in political life for daring to speak up. It was the member for Oshawa who used his position in the House of Commons to promote the falsehood that the Prime Minister was somehow working for Klaus Schwab. When I took that on, within an hour I was attacked and received threats.

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March 27th, 2023 / 1:45 p.m.
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Bloc

Andréanne Larouche Bloc Shefford, QC

Mr. Speaker, I humbly rise today following my wonderful colleague from Berthier—Maskinongé's speech about this bill, which is important for Quebec culture and is central to the very mission of the Bloc Québécois. I would also like to commend my colleague from Drummond for his superb work on this file.

Broadcasting is without a doubt the most effective tool for spreading culture, and it helps define our national identity. Given the rapid development of information and communication technologies, the Bloc Québécois obviously supports the idea of modernizing the Broadcasting Act, which has not been updated since 1991. Back then, I was still listening to music on cassette on my yellow Walkman, and I was only just beginning to take an interest in CDs. I had scarcely even heard of the Internet. The Bloc Québécois contributed substantially to improving the previous version of this bill, the infamous Bill C-10.

I will briefly address the new version, Bill C-11, in my speech. First, I will talk about protecting and promoting original French-language content. I will then discuss the misinformation circulating about the bill. I will conclude by discussing the importance of the bill for local media.

First, let me mention a few crucial aspects regarding the protection and promotion of original French-language content: the discoverability of Canadian programming services and original Canadian content so that there is more original French-language content, proportionally speaking; the promotion of Canadian programming in both official languages, as well as in indigenous languages; a compulsory contribution to the Canadian broadcasting system should a company be unable to use Canadian resources for its programming; the presence of first-run French-language content in order to ensure that platforms like Netflix have new French-language programs, not only old shows; and a sunset clause ensuring an in-depth review of the act every five years.

The Minister of Canadian Heritage promised us that the Bloc Québécois's amendments would be included in the new version of the reform, and indeed they are almost all there. Since nothing can be left to chance in such a bill, we are making sure that we can course correct in the event that changing one simple word has a major impact on the effect of the clause. We have to keep in mind that we want a piece of legislation that will not be obsolete as soon as it is passed. Technology is developing very quickly, and we need a long-term vision to ensure that the act does not become outdated after just a few years. Flexible legislation is important.

From day one, the Bloc, backed by Quebec's entire cultural sector, was the party that worked the hardest on improving Bill C‑10 and getting it passed before the end of the parliamentary session. During the last election campaign, making sure that Bill C‑10, now Bill C‑11, was passed was even the first item on our election platform under arts, culture and heritage. Quebec's and Canada's cultural sectors have been waiting for decades for this act to be updated. The cultural sector made a simple demand just a few days after Bill C‑11 was introduced. It asked us to ensure that this bill passed quickly, because the sector had waited long enough.

Essentially, the objective of the bill remains the same: to apply the Broadcasting Act to the web giants by forcing them to contribute financially to the creation and discoverability of Canadian cultural content. The Canadian Radio-television and Telecommunications Commission, or CRTC, will receive new powers that will allow it to determine which online services will have to be regulated and what quotas will need to be met.

Bill C‑11 will help better regulate video streamers such as Netflix, Apple TV+, Disney+ and Amazon Prime Video, but also companies that specialize in streaming music online such as Spotify, YouTube and Apple Music. Bill C‑11 will require these companies to contribute to Canadian content when commercial items such as albums are downloaded and distributed on their platforms.

The exclusion clause, namely clause 4.1, addressed earlier, has been revised. Now creators, users and social media influencers are exempt from the legislation. It still needs to be taken into account. The money a creator earns from their content is immaterial in the eyes of the new legislation. So-called amateur content on social media would be exempt. The legislation focuses specifically on commercial products.

The CRTC will also have the option to impose conditions associated with discoverability and the development of Canadian content. The bill will not touch the algorithms that can influence the recommendations made to users. The department says it wants to focus instead on discoverability outcomes and not intervene directly with respect to web giants' algorithms. Quebec, francophone and Canadian content must be much more accessible on platforms. Ottawa is trying to give the CRTC the power to hold discussions with each of the digital companies to determine how much they could contribute to Canadian content based on their business model.

Second, I would remind members that the Liberals, the NDP and the Bloc supported and tried to improve this bill that the Conservatives were against from the outset. They engaged in a smear campaign and tried to find all kinds of far-fetched flaws. They really used their imagination. In Parliament, they used a variety of stratagems to slow down the process, both in committee and in the House. They took the House hostage under false pretenses, claiming that the bill infringes on freedom of expression.

However, since 1991, there has been a provision that forces the CRTC to respect freedom of expression. This provision has always been respected, and there is nothing to indicate that that will change. Pierre Trudel, a law professor at Université de Montréal who is an expert on the CRTC and information technologies, reassured us of that. He categorically stated that the freedom of Internet users is not at risk. There is no thought police on television, and there will be no thought police online.

Given the popularity and growing use of online platforms, there is no doubt that the legislation needs to be reviewed. According to ADISQ statistics on the music consumption habits of Quebec francophones over the age of 15, 50% of users follow YouTube's recommendations when choosing their playlists. When it comes to streaming services, 26% of users choose music suggested by the platform through playlists, and 17% follow recommendations. This is based on their past listening habits. These figures illustrate the importance of making Quebec and Canadian francophone content easily discoverable to users on online platforms in order to give it a boost.

Solutions do exist to address the algorithms. One option to consider would be for Spotify and Apple Music to offer a lot more francophone playlists.

Part of the CRTC's mission is to ensure the proper functioning and development of the Canadian broadcasting system. In doing so, it must respect freedom of expression and the other foundations of the Canadian Charter of Rights and Freedoms.

Third, both Quebec's and Canada's broadcasting industries are in crisis. According to an August 2020 report from the Canadian Association of Broadcasters, or CAB, local television and radio broadcasters were projected to face a revenue shortfall totalling $1.6 billion between 2020 and 2022. According to the CAB, 50 radio stations were at risk of shutting down within four to six months of the report's release, and another 150 could go silent within 18 months, resulting in 2,000 job losses, or 24% of 2019 employment levels. The report added that at least 40 of the 95 private and local television stations in Canada would cease operations by 2023.

The most vulnerable operations are AM stations, independent stations and other private radio and TV stations in smaller markets across Canada. Radio and television revenues have been declining for several years, and COVID-19 exacerbated these disconcerting trends.

We know that the Internet has revolutionized the way Quebeckers, particularly young Quebeckers, consume their favourite TV shows, movies, radio stations and music. Consumption trends have drastically changed. The online broadcasting market is dominated by foreign players. We need to take that into account.

Young Quebeckers are especially likely to skirt the traditional broadcasting system. The vast majority of young francophones aged 15 and up frequently listen to music on YouTube. We therefore need to ensure that they are offered francophone content.

A study conducted by CEFRIO, a research and innovation organization, found that over eight in 10 Quebeckers used a social media site in 2018, an increase of 16% compared to 2016. It is clear that the Internet is changing usage and listening habits.

Since I have only about a minute left, I just want to give a few statistics from the Canadian Audio-Visual Certification Office. Canadian content production decreased by an average of 12.4% per year between January 2017 and December 2020. It is important to remember that media outlets are currently in crisis, mainly because they have lost their advertising revenue to web giants.

In conclusion, the Yale report was clear: Canadian content is important. It said that if we do not tell our own stories, no one else will. That really made an impression on me. That was why the report set out a suite of recommendations on financing Canadian content with public funds, imposing spending requirements on foreign online broadcasters, and strengthening CBC/Radio-Canada.

One last thing before I wrap up: Last night, I met with Martin Gougeon from the Théâtre de l'Ancien presbytère. He is an artist who has made it his mission to promote our francophone culture to young students. I have also met with local media representatives many times. They are all unanimous. Quebec's cultural and media communities want this. Let us pass Bill C‑11. Enough dawdling.

Online Streaming ActGovernment Orders

March 27th, 2023 / 1:30 p.m.
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Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Mr. Speaker, first, I would like to say I will be sharing my time with my very distinguished and dynamic colleague from Shefford.

Let me make a few things clear. Bill C-11 deals with culture, not censorship. Bill C-11 deals with national identity and pride. Culture is the essence of who we are. This bill does not promote censorship, it promotes and showcases our culture. I would even say that it seeks to showcase our cultures: Canadian culture, Quebec culture and indigenous cultures.

The bill seeks to give more visibility to culture. This is not about telling people they can no longer listen to certain content. Since the beginning of the debate today, we have been hearing all sorts of things. In fact, we have been hearing these things for two years, since Bill C-11 is the former Bill C-10. We hear things about cat videos, for example. Let us be serious.

The threat does not come from censorship because of Bill C-11. The threat comes from the platforms that have changed the world of telecommunications. That is the threat.

We are working on Bill C-11 to review an act that was amended for the last time in 1991. Must I remind you that, in 1991, we did not all have cellphones in our pockets? It was a completely different world, which is why we need to review the act.

The cultural community is asking for this, as is everyone else. We are not just being asked to pass the bill quickly. Quebec’s cultural community is asking us to hurry because it needs this legislation. They are losing $70 billion a week. On reflection, that may be a bit high. I will have to check the figures later in my notes. Let us say that, every week we delay the passage of this bill, they are losing a lot of money. Let us protect our people.

What does Bill C-11 do? It ensures the protection and promotion of original content. For us, that means French-language content, which is what concerns us. Of course, it also ensures the protection and promotion of original Canadian productions in English and indigenous languages and productions created by certain visible minorities. If we want to protect Canadian content and boost visibility, we need to bring in incentives. We are not talking about banning people from posting on Facebook and saying what they want. This is not about imposing choices, it is about raising their visibility. It is about ensuring discoverability.

Let us consider how small the percentage of French-language production in North America is. If we rely only on the number of times videos are viewed by users, French-language content will not be suggested very often. That is the problem. It is not about playing with algorithms. It is about giving the CRTC the power to talk to these companies and see what they can do to give local culture more visibility. It is a matter of promoting and showcasing our culture.

Let me draw a parallel here. When we look at platforms, we see that there is very little French-language content and that needs to be fixed. When we look at the boards of directors of Canadian and Quebec companies, we see that women are under-represented. In both cases, we need to take action to fix the situation. Obviously, we do not want to prevent anyone from applying, but we want to make sure that the positions are accessible to women and that women receive those kinds of job offers. The same thing applies to culture.

With Bill C-11, we want to improve the visibility, and therefore the profitability, of our local French-language productions and put in place a mandatory contribution to the Canadian and Quebec broadcasting system.

A mandatory contribution is more than just running old television shows. We want the platforms to participate in the creation of real local content. An American movie filmed in Vancouver is not local content. We certainly benefit when American filmmakers shoot in Vancouver. We support that. However, local content is something local produced by local artists who represent us. That is what culture is.

When racialized people say that they watch television and do not see themselves, that is a problem. These people should be able to see themselves and identify with the characters. That is why we are trying to increase representativeness. It is the same thing.

We simply want to expand the coverage of the Canadian Radio-television and Telecommunications Commission, or CRTC, to all media we interact with. We need first-run French-language content.

With this bill, we are telling the major American platforms that stream content in Canada and invade our markets that we are relatively happy because that is a good way to disseminate information, it gives more people greater access to information. Furthermore, streaming does not restrict access to cat videos; then again, it invades our market. That is where we have the right to say, as a state, that we have a culture to protect.

I often talk about the agricultural exemption in the House. This morning, I talked about the agricultural exemption. We cannot act without protecting our culture. It is important. We have the right to tell the people who come and make money in Canada that we are happy to welcome them and that it is a good thing, just as we have the right to tell them that we would like to recognize ourselves in our media. We are not asking them to ban certain content, but to showcase local productions that represent our people. That is the idea.

There is another very positive element in Bill C-11. It makes no sense that, in 2023, we are revising a broadcasting act from 1991. That is a major oversight.

The bill includes the obligation to review the act at least every five years. To those who have concerns, I would say that we are capable of being intelligent and implementing a reasonable policy. After the law is in effect for a few years, we will review it all to see how things went and what the impacts were. That is the important part.

I want to spend the last few minutes of my speech emphasizing that the Quebec and Canadian cultural community wholeheartedly supports Bill C‑11.

I just found the figure that I mentioned earlier. I should have said “millions” rather than “billions”. I thought that seemed like a lot. According to the former Canadian heritage minister, we would lose $70 million every month. I do not know whether those numbers were validated, but I am assuming that they were.

This important bill is one of three related and highly anticipated bills in this Parliament. As parliamentarians, I would like us to quickly pass them. There was Bill C‑11 to promote our local content. There is also Bill C‑18, which will complement it. Communications platforms will pay something to use news content in order to encourage our journalistic community. That is important. Finally, there is a third bill on online hate, which we need to regulate.

Once again, this is not about censorship, but about living together, being reasonable and creating a world where the Internet is a bit more representative of who we are. We need to see ourselves on television every once in a while, see ourselves reflected in the programming so that we do not forget who we are. I said television, but it is the same thing for the things we watch on a computer screen.

Let us stop wasting time and pass this essential bill.

Online Streaming ActGovernment Orders

March 27th, 2023 / 12:40 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, the fact of the matter is that, with Bill C-11, those who enjoy online streaming platforms such as Netflix or Disney+, or videos on a platform such as YouTube, or maybe even just scrolling through Facebook looking at people's pages, these individuals would be impacted in the kind of content they could access and watch. Bill C-11 would determine the type of information that is put in front of them. Bill C-11 would determine the content that is put in front of our eyeballs.

When I say by Bill C-11, what I mean is that, according to clause 7 of the bill, it would be cabinet who could determine, through the CRTC, what Canadians can see, post or hear online. Again, it would be cabinet, based on clause 7, who would be given that authority. That is scary. It is scary for any government in power because it would mean that cabinet, which is partisan, would be directing what we can see, say or post online. Instead of giving a viewer more of what they want, YouTube would be instructed to give more of what the government wants. Again, this is very scary for most Canadians.

The government will claim, as the hon. member just before me did, that this bill is about supporting Canadian culture or levelling the playing field, but that is not true. Bill C-11 would amend the Broadcasting Act by bringing the Internet under its provisions.

In order to understand the effect of this, we need to understand why the Broadcasting Act was put in place in the first place. In the early 20th century, the Broadcasting Act was put in place to regulate TV and radio because those are finite commodities. There are only a certain number of radio stations or TV stations, so in order to make sure both official languages were represented within these platforms, the government determined they should be regulated so French language and culture would be protected and would be given space within these spheres.

Further to that, there was a definition given to Canadian content. We call it CanCon. There was this determination that a certain percentage of the content would be Canadian, or CanCon. The goal was to protect our culture, to make sure not only that it was American content making its way to Canada but also that Canadian content, things produced here, and there is a whole host of other criteria used, would be given space.

That is within the realm of TV and radio, which is limited, but now we are dealing with a space that is infinite, that is unlimited, which is the Internet. Anybody who wants a website can have a website, no matter their language of choice. Anybody who wants to have a YouTube channel can have a YouTube channel. Anybody who wants to have a space within TikTok, Instagram, etc. can have a space. We are no longer dealing with a finite resource.

The government does not need to regulate what content should be prioritized and what content should not be because we are no longer dealing with limitations. There is space for everyone.

I would plead with the government to perhaps look back on the record of what former prime minister Jean Chrétien had to say to this. In 1999, he faced a similar question about the Internet and whether it should be regulated. After undergoing a thorough investigation and a public inquiry, the determination was made that it should not be. He determined the Internet was so different than TV and radio that to treat it the same would actually stifle progress. After numerous public consultations, because there have been many done since Chrétien, here we are willing to function in a regressive way rather than maintaining the progressive stance that was taken by Jean Chrétien.

I will read what the directive stated in 1999. It said, “The commission [the CRTC] expects that the exemption of these services [Internet] will enable continued growth and development of the new media industries in Canada, thereby contributing to the achievement of the broadcasting policy objectives, including access to these services by Canadians.”

In other words, the determination was made that the Internet would not within the scope of the Broadcasting Act and that it would not be regulated. The reason for that was because there was a belief that innovation, advancement and growth would take place if it were left alone. There was a belief that that opportunity would be seized by all sorts of people from all sorts of regions with all sorts of backgrounds and different linguistic ways.

I would invite the government to consider its regressive stance and pull this legislation. On the Internet, everyone has a spot to showcase their talent. On the Internet, every single individual in this country has an opportunity to thrive, should they wish to.

Most people in this country have a smart device. One needs nothing more than that to showcase talent and make a name for oneself. The gatekeepers have been removed. In fact, it has never been easier for Canadians to succeed. It has never been easier for creators from a variety of linguistic and cultural backgrounds to reach not just a Canadian audience but a global audience as well.

For this legislation to build walls around these individuals and keep them hemmed in within Canada is so egregious that it is hard for one to even fathom the reason for such legislation. Why would we punish our young creators? Why would we punish the next media content creators? Why would we insist that a regressive form must be kept and that progress should not be celebrated? It baffles me, but I am not the only one. It baffles Canadians from coast to coast, whether it is legal experts speaking out on this topic, digital-first creators speaking out or Canadian consumers who simply want a choice.

The fact is that the gatekeepers have been removed. A creator used to have to put together a pitch or a package and bring it to a gatekeeper, such as CBC, Corus Entertainment, Bell Media or Rogers, and they would have to plead with them to accept their package, to accept their idea and to accept their creativity. That used to be the way it was done.

With the Internet, we have now entered this magical space where creators, innovators and thought leaders get to put their content out there and allow the Canadian people themselves to determine whether they like it or not, whether they want to watch it or not. We have removed the gatekeepers. It is incredible.

Instead of celebrating how amazing that is, the government is hell-bent on putting legislation in place to make sure that we maintain these old, antiquated ways. Why is that? Is the very nature of the arts not something that should propel us into the future? It it not something that should have forward momentum? Is it not something that should be creative and innovative in nature? Is that not the whole point of the arts? Why would we hem these individuals in?

For the minister to say that this bill somehow modernizes the Broadcasting Act is incredibly disingenuous, as I have laid out. The minister is failing to account for the tremendous progress that has been made and the creativity that has been allowed to flow.

For example, let us take Justin Bieber. He went big in approximately 2013. The way he went big was because he put out a few songs on YouTube and he got discovered. He did not have to put together a big media package, though he could have. He did not have to depend on gatekeepers to either accept him or reject him. instead, he could put his talent out there. His talent was discovered, and we know that he went big. He is a Canadian artist we are proud of.

There are many more like him who are aspiring. By putting a bill like this in place, by putting Bill C-11 in place, we are saying to the new generation not to bother. We want to subject that next generation to the same rules that we subjected artists to in the 1970s. Forget progress. If one wants to engage in progress, perhaps one should consider moving to the United States of America, South Korea or the U.K., but in Canada Bill C-11 puts this massive banner up that says we are opposed to innovation, progress and celebrating artists.

Bill C-11 ultimately will do two things. First, it will censor what we can see online because the government will dictate the content that is there. Second, Bill C-11 would determine the extent to which creators are allowed to thrive. In other words, the government will go through and pick winners and losers. Some content creators will be deemed Canadian enough and other content creators will not make the cut. If they make the cut, they will be promoted. If they do not make cut, they will not be promoted.

There is nothing progressive about censorship. That is exactly what this bill is about. It is about censoring Canadians and what they can see, what they can hear and what they can post online. It is about censoring artists, whether they have access to an audience and to what extent that access is granted.

When speaking about this bill, Margaret Atwood, who is an extremely well-known Canadian author, did not mince her words. She was pretty direct about it. She called it “creeping totalitarianism”, which is pretty damning. Those are not my words, but Margaret Atwood's.

To understand this a little bit more, we have to go back to the origin. We have to go back to the origin of this bill. We have to talk about the motive because I think that is very important for Canadians to understand.

This bill, we know, started out as Bill C-10 in 2020. It has gone through a number of iterations since then, but the worst parts of this bill remain intact. In fact, one could argue that it is actually worse than ever, in part because it has had opportunity to change. The government had an opportunity to hear from witnesses. The government had an opportunity to hear from experts, and the government made a decision to ignore those voices. The government has had an opportunity to respond to the Senate amendments, which were very thoughtful and reasonable, and the government is making the decision to disregard most of those amendments. One could argue then that the government is actually wanting this bill to be as egregious as possible.

What brought us here anyway? Why is the government so hell-bent on Bill C-11 going through the way that it is? The evidence would say it is because of broadcasters wanting to maintain power and wanting to hold money. There are these large broadcasters, CBC, Bell, Corus Entertainment, etc., and they are limited by CanCon rules. A certain percentage of the content shown on their traditional streaming platforms has to be Canadian content.

Of course, this acts as a limitation to them. Those are their words. That is what they have said. They do not view that as an opportunity to show more Canadian content. They testified at committee that they view it as a limitation because they are limited. They have to show a certain percentage of Canadian content, CanCon. They say these other streaming companies should have to do the same because they want it to be the same. Further to that, these broadcasters have to pay a certain percentage into an art fund. This art fund can then be drawn from by Canadian artists who are producing CanCon and used for that material production.

Because these traditional broadcasters have to pay into this fund and the larger streamers do not, the broadcasters went knocking on the Liberals' door and said they wanted legislation to be brought into place to “level the playing field”. They wanted the Liberals to go after the streaming platforms, make sure they are showing a certain percentage of Canadian content and make sure the government is taking a certain percentage of their revenue and putting it into the art fund.

At first glance, that might seem reasonable, except that when we dig into it further, we realize the broadcasters and the big art unions are simply gatekeeping. They do not want to celebrate progress. They do not want to look forward to the future. They do not want new artists to succeed. They simply want to gatekeep. They want control or power, and they want money.

I want to talk about the foundation on which the bill is built, because it is a false foundation and it has to do with those who came knocking on the Liberals' door for the legislation. The bill is based on the deceptive notion that Canadian content creators or artists cannot make it on their own merit and that somehow they need this special fund in order to make a go of it. YouTubers, TikTokers and other online creators are proving this notion wrong each and every day. They are succeeding without drawing from the art fund. They are succeeding without the government mandating that Canadian content must be watched. They are succeeding because they have incredible talent to watch and incredible talent to offer, and Canadians find themselves drawn to it.

There is the idea, though, that, in order to succeed as artists in Canada, people need monetary support and that it is the government that should provide this monetary support. Furthermore, there is other misinformation being spread by the government, which is that people will not choose Canadian content unless it is forced in front of their eyeballs, and that a certain percentage of what is offered on television, radio or the Internet must be Canadian, or people will not watch it. How degrading is that? It is as if our artists do not have the ability on their own to produce content that people might want to consume. It is as if the government must rush in and rescue these poor Canadian artists because, without government intervention, they will not succeed. That is a lie and a crux. It is not the case.

Canadian artists are incredibly talented individuals who can make a go of it all on their own.

March 10th, 2023 / 2:35 p.m.
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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Madam Chair, I'll be very quick.

I would like this to come to committee. We have seen the concerns out of Quebec. I've been with Bill C-10 and Bill C-11 for over two years. I would love one more shot at coming back here to look at the eight amendments that were turned down by the Liberals in the Senate. I would like to have one last look at it.

March 10th, 2023 / 2:30 p.m.
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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Chair, I am very happy to see you. This is the first time I have had the privilege of serving on this committee, which you chair so well. I am here today replacing the member for Lethbridge, Ms. Thomas.

As permitted and required by Standing Order 108(2), I am tabling the motion of which Ms. Thomas gave notice over a month ago. I will read it:

That, given that

(a) the Senate made substantial amendments to Bill C-11, the Online Streaming Act and has returned the Bill to the House, and

(b) the Government will be preparing their response to those amendments imminently,

the committee immediately undertake a study of the subject matter of the Senate amendments to Bill C-11 and report their recommendations to the House.

We are tabling this motion because we are well aware that Bill C‑11, which is under the purview of this parliamentary committee, has been hotly debated for a very long time. Let's remember that in other times, a few years ago, this bill was number C‑10. The current government decided at that time to call an election, which we all remember cost $620 million, to achieve a result that was pretty much exactly the same as before. At the end of the day, we lost months and months of work.

The fact remains that this is the reality and we have to deal with it. This bill, as we know, is a major one. It is about the Broadcasting Act and it is about refreshing a long-standing piece of legislation and dealing with the challenges of the 21st century, the year 2023 in particular, and other years.

This major bill therefore deserves major work. That is why the Senate has debated it and been concerned about it. As we know, our political party has no control over what happens in the Senate. However, the senators, true to their reputation and obligations, have done a studious job and decided to table several amendments, which of course must be examined. As expected, our job as parliamentarians will be to determine what is good and what is not in these amendments. This is not a minor matter.

What we are talking about is the future of Internet and the future of radiodiffusion in this country. This is why we have to be very serious in our study. The senators have done their job directly and well. Sometimes we agree and sometimes we disagree, but they have done what they are supposed to do, and they have done it well. If we want to be serious on this bill, we have to hear what they have to say and look at what they have adopted.

We have also given notice of this motion, which allows some latitude, as you will have noticed.

In the last few weeks something has happened that is not trivial. I'm a Quebec fellow and I'm the member of Parliament for Louis-Saint-Laurent. Of course, what happens under provincial authority in the capital of Quebec has an impact on us. Since we are concerned, we feel that it is the duty of the 78 members from Quebec and the 338 members of the House of Commons to take note of the fact that a provincial assembly is taking a position on a bill debated in the House of Commons and the Senate, the two houses of the Canadian Parliament.

Thus, on February 4, the Honourable Minister of Culture and Communications of the Government of Quebec requested that the federal government take into account and acknowledge Quebec's wish to express its views on this: the possible ability that the government has given itself in clause 7 of the bill to directly guide the choices of the Canadian Radio-television and Telecommunications Commission. The Government of Quebec wishes to speak out on this matter.

We believe that when a provincial executive takes a step in this direction, it is our duty as parliamentarians to take it seriously. Let us recall that, a few days after this letter was sent, the 125 members of the National Assembly of Quebec unanimously adopted a motion asking for exactly the same thing: that the will of Quebec be respected and that Quebec have a say in this matter, since, as we know, Quebec is the home of the French fact in America.

In view of the fact that the provincial executive, that is to say the government, and the provincial legislature have asked with one voice that Quebec be allowed to have a say in this bill, it is quite clear that this request is legitimate. I would remind several of my co-workers that my colleague, the member for Charlesbourg-Haute-Saint-Charles, on more than one occasion, offered the Minister of Canadian Heritage the opportunity to give his point of view on this issue and on the request made by Quebec. We didn't ask for it just once, we asked for it twenty times.

That is why we want this motion to be adopted.

I would have much more to say, but my time is up.

Online Streaming ActGovernment Orders

March 9th, 2023 / 5:10 p.m.
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NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Madam Speaker, we started with Bill C-10, which was definitely worse. I think what the member is referring back to are the concerns we were expressing at that time. Some of the changes that came in Bill C-11 reassured us, and one of those changes is the very one the Conservatives are harping on. That is the change that made sure that user-generated content is not affected by this bill.

What Conservatives are ignoring is that there is an exception. If those making their own content have a million subscribers and they are making money out of that, then, yes, the CRTC will have an ability to look at that. It is not what the Conservatives are saying, which is that we should have a blanket exemption that nobody who is making money on the Internet has to report to anybody or be accountable for anything. That was one of the major improvements between the first version of the bill and the bill that New Democrats are now supporting.

Online Streaming ActGovernment Orders

March 9th, 2023 / 4:15 p.m.
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Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Madam Speaker, I would just like to put this to the member across the floor. The former Bill C-10, in its original version, included an exemption for programs that users upload onto their social media or, as it was called, user-generated content. The Liberals voted to take that out of their own bill in committee, which really builds confidence in Canadians, and resisted Conservative attempts to reintroduce it. They then put it back into Bill C-11, but then put in an exemption to the exemption that basically makes it meaningless. If Canadians are supposed to trust the government and believe what it is saying, this flies in the face of that.

Will the Liberals put that amendment back in and make it very clear to Canadians?

Online Streaming ActGovernment Orders

March 9th, 2023 / 1:25 p.m.
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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Speaker, I am very happy to take part in this debate about how the Liberal government is taking excessive control over Canadians' choices.

Let us not fool ourselves. This bill gives way, way too much power to the federal government, which wants to impose its vision on the choices Canadians make when they use the Internet to watch movies and documentaries and enjoy Canadian culture.

The government wants to direct Canadians' choices by issuing orders to the CRTC. That is why we are fiercely opposed to this bill, which is a direct attack on people's freedom to choose whatever they want to see on digital platforms. We are not the only ones concerned about this. Many people who work in the industry are sounding the alarm. I will say more about that in a bit.

For now, let us concentrate on what has happened in recent years. We have been talking about this bill for years. Some people keep saying that this needs to get done fast, it is urgent, people want this bill and it is taking too long to pass it. We have been accused of filibustering.

The reality is that this bill has been delayed the most by the Liberal government itself. Previously, this bill was known as Bill C‑10, and it was introduced before the unnecessary election that cost $620 million in taxpayers' money. We had to carry out the study all over again.

I am prepared to listen to the comments of those accusing us of talking for the sake of talking and other such things. That is political rhetoric. However, the reality is that those who have delayed the debate and passage of this bill the most are not the Conservative members. It is the Liberal government, which triggered an election and even prorogued Parliament to avoid the WE Charity scandal. The election essentially changed nothing. The government spent $620 million of public money to change absolutely nothing, and this delayed debate of the bill, which, at the time, was known as Bill C‑10, and which is now Bill C‑11.

We are not the only ones in Quebec to have reservations about this bill. Indeed, the Quebec government wants to have its say on the bill. This is nothing new. Almost 11 months ago, on April 24, the Quebec government sent a letter to the Minister of Canadian Heritage informing him of Quebec's major concern about the unprecedented power that the federal government was giving itself under clause 7. This clause gives the executive branch, meaning government and cabinet, the power to give the CRTC directions to dictate what Canadians will be able to watch, by creating algorithms for browsing online platforms.

That is why the Quebec minister of culture and communications, Mathieu Lacombe, repeated that on February 4 in a letter in which he stated that it was “essential...that Quebec's cultural specificity and the unique reality of the French language market be adequately considered”, that “Quebec was the homeland of the French language and francophone culture in the Americas”, it was essential that it be heard. He also said that it was essential “to ensure that Quebec's legislative powers were recognized but that these conditions have not yet been met”.

The Quebec government raised its concerns last April. Following that letter, the National Assembly adopted a unanimous motion asking the federal government to let the Quebec government have its say in committee. The federal government did absolutely nothing. The minister received the letter and could barely be bothered to send an acknowledgment of receipt. After that, as I said last week in the House, he stuck it on his bedside table, under a pile of other papers, and did nothing about it for an entire year.

On February 4, 2023, Minister Lacombe got angry and sent the federal government another request, saying that time was up and that the Quebec government demanded to be heard. The Minister of Canadian Heritage did absolutely nothing.

It is not for lack of trying on our part. The hon. member for Charlesbourg—Haute-Saint-Charles, our political lieutenant for Quebec, and I asked not two, not three, not four, but 20 questions to make it clear that Quebec wanted to be heard on the matter of this bill.

We asked 20 questions, and what did the Minister of Canadian Heritage do each time? He resorted to theatrics. He bragged and blustered, he gave a grandstanding response, but he offered nothing for Quebec.

It is scarcely surprising that the centralizing Liberal government should take this approach. I could spend days and days reminiscing about how this government and all previous Liberal governments were eager to commandeer the provinces' political powers. In fact, we are currently seeing how the government has made a specialty of sticking its big fat nose into provincial jurisidictions, where it does not belong.

It is not surprising that the government is doing that. However, it is disappointing to see the Bloc Québécois abetting this usurpation of ministerial responsibility and especially of Quebec's jurisdictions. These people get elected by saying that they speak for Quebec in the House of Commons and that they express the unanimous opinion of Quebeckers. They play up how important that is.

Online Streaming ActGovernment Orders

March 8th, 2023 / 5:40 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Madam Speaker, Bill C-11 is a piece of legislation that would impact every single Canadian who has a cellphone, a television or a computer in their home and who enjoys online streaming, viewing or listening to content that is online. That is how big this legislation is. That is how dramatic its impact would be. Permit me to provide an overview of what this legislation does, and then I will dive into the intricacies of the bill and hopefully explain why Canadians would be so impacted by it.

I am going to speak to Canadians. After all, the House is theirs and theirs alone.

Through this piece of legislation, the government is about to give itself the authority to control what Canadians have access to listen to online or to watch online. For example, instead of giving a viewer more of what they want on a platform such as YouTube, things would be ranked in a way that YouTube would be forced by the government to put things in front of us according to its definition of priority. It says it would be in accordance with how Canadian the content is. I will dive into that shortly.

YouTube would be forced to give more of what the government wants us to see, rather than more of what Canadians wish to see. This is problematic, because Canadians go online to access the things they are most passionate about or most interested in. They do not go online to have things pushed at them by the government. The government claims that the bill is about “supporting Canadian culture”. It says that it is about “levelling the playing field”. It is just not true.

Bill C-11 amends the Broadcasting Act by bringing the Internet under its provisions. In the early 20th century, the act was originally put in place to regulate TV and radio. It has gone through myriad iterations since then, but its result has always remained the same. It wants to ensure that Canada's two official languages are both respected by being given airtime and that cultural diversity is upheld. Those are noble goals. This was necessary because the number of TV and radio stations were limited. This finite resource needed to be managed. It needed to be overseen in order to ensure that the platforms were shared.

Unlike these two mediums, the Internet is boundless. In other words, anyone who wants to have a presence on the Internet can have one. The government does not need to regulate which content should be given priority and which content should be demoted, because there is space for all. The success of one individual or one creator online does not take away from the success of another. Everyone can achieve success.

If there was ever a level playing field, the Internet is it. Anyone who wants a website can set up a website. Anyone who wants a channel on YouTube can set one up. Anyone who wants to set up a TikTok account can have one. People have access to platforms within the online world that is boundless. It is quite incredible.

It could be argued that it has never been easier for Canadian content creators from all linguistic and cultural backgrounds to reach a global audience with the content they wish to showcase. If they wish to set up a YouTube channel, to set up a TikTok account or to be on Twitter, they can. The traditional gatekeepers have been removed.

Creators used to have to put together media package. Basically, it was like a portfolio of sorts that showed off their skill, their talent, their ability and what they wanted to produce. They would then walk it over to CBC, to Bell Media, to Rogers or to Corus Entertainment, and would have to beg them to accept their package and to put them on the air. If one or all of these gatekeepers said no, then they were out of luck. They do not deal with that anymore. Now creators can succeed based on their own merit, rather than based on what these gatekeepers desire for them.

Today's creators do not function according to the same rules as in previous generations. That is part of what is so difficult for some to accept. We exist in a new space and we have new ideals, freedom and choice being two of them.

For the minister to say that this bill would somehow modernize the Broadcasting Act and provide support to artists is actually incredibly disingenuous. The minister fails to account for progress. Instead of meeting artists where they are at, and celebrating the tremendous success that they enjoy within the realm of freedom, the government is actually wanting to pull them back under an antiquated system where their content would be weighed and measured and creators would be made into winners or losers, based on what the government wants rather than what Canadians want.

I wish for Canadians to know that this bill would impact them in two damning ways: One, it would censor what they see; and two, it would censor what they say. With regard to what they see, if the Canadian government determines what gets promoted and what gets demoted, then that means only certain content is made available to me as the viewer. In other words, it is censorship.

Furthermore, this bill would censor what an individual can say or post online. Homegrown talent and creative content here in Canada would no longer succeed based on merit, as they do now. Instead, as mentioned, content would be subject to a list of criteria and we do not actually know what that is because the government will not be transparent about it. Through that, the government would direct that these criteria have to be weighed and measured to see if they are met by the artist, and then if they are, it would be deemed Canadian and if they are not, then it would not be. If it is Canadian, it would be discoverable. In other words, it would be bumped up toward the top of our screen. However, if it is not made discoverable, it would get bumped down to maybe page 400, 500 or 600 where nobody looks. This bill is censorship. Not only would it censor what we can see as viewers, but it would also censor what can be posted online by creators and individual users.

Content creators from across Canada, along with consumer groups, have been speaking out about this bill. They are calling it dangerous. Legal experts have called it a grotesque overreach of government. When speaking about this bill, Margaret Atwood, a fabulous Canadian author who is very famous here, did not mince her words when she called it “creeping totalitarianism”.

I want to take a step back and say that there are two things that we can agree on. One, the Broadcasting Act should be updated; that is not what this bill would do. This bill would actually make the Broadcasting Act incredibly regressive, but anyway it should be updated. Two, Canada has a rich and beautiful culture and amazing artists; homegrown talent that absolutely we should look for a myriad of ways to promote and celebrate. How we do these things is where the disagreement comes into play. While the government claims that Bill C-11 is the best way forward, we would disagree. The best way forward is actually a path that preserves individual choice and opens doors to boundless opportunity. This bill would fail to do that.

It might serve us well to just take a pause and step back and figure out where this bill came from. This bill started out as Bill C-10 in 2020 and it has gone through a number of iterations since that time. However, one thing remains true about it: It is still a terrible piece of legislation. It is a terrible piece of legislation that would hinder what Canadians can see online and what they can post online. To put it simply, it would give the government control of our search bars. We think we are searching for one thing and that we will be directed in that way and in actuality, instead, based on algorithms that would be dictated by the government, we are actually sent to something different. That is what this bill would do.

What brought us here? What brought us to this bill's being put in place? There are two groups that are involved in that: the broadcasters and the traditional art unions or guilds. For the broadcasters, we have CBC, Bell and Corus media and they contribute a certain percentage to an art fund. A certain percentage of their revenue goes into that fund and then traditional artists are able to apply for some of that funding and use it for their projects.

Traditional broadcasters, of course, are less and less popular and are contributing fewer and fewer dollars, but they feel penalized by this, so they have gone knocking on the door of the government, saying they should not be the only ones contributing to the art fund, that the government should capture the large streamers as well. Further to that, these broadcasters have to show a certain percentage of their content as CanCon. CanCon does not always sell to their audiences all that well and so, to some extent, broadcasters feel hindered by this obligation. Again, they are watching as streaming platforms are not subject to this rule, so they have gone knocking on the government's door, saying it should really impose this rule on streamers as well.

Many artists are absolutely fabulous and should be celebrated and promoted. There are those traditional artists who belong to a union. They are not at fault, but the union bosses have knocked on the door of the government, saying because the revenues for traditional broadcasters are drying up, there is not as much money going into the art fund, they do not have as much available for their production of traditional art and, therefore, they want more money to be found somewhere, some way. The government then has said it could make the streamers responsible for contributing to the art fund, and so it is.

At the end of the day, Bill C-11 is all about maintaining status quo. It is about protecting the interests of large broadcasters. The government claims, however, that it is about forcing large streaming platforms, such as Netflix and Disney, to pay into a fund that supports Canadian artists and that it is about protecting Canadian culture or levelling the playing field.

If the implication of the bill stopped there, the reality is that would be bad enough, but it actually goes even further. It goes so far as to include user-generated content, the content of ordinary Canadians and the stuff that they put on platforms such as Facebook, TikTok, Twitter, YouTube or Instagram. It does not stop at large foreign streamers. It absolutely captures individuals, Canadians. In fact, the former chair of the CRTC, Ian Scott, made this very clear at committee, not only in the House of Commons but then further at the Senate.

I will talk about this point more in just a moment, but I wish first to comment on the false foundation on which this bill is founded. First, this bill is based on the deceptive notion that Canadian content creators or artists cannot make it on their own merit. How degrading. This bill is based on the premise that they need government to step in and help them, but they are saying otherwise. This bill is based on the lie that the government needs to step in and also make sure that Canadian content is put in front of our eyeballs because, otherwise, we would not choose it. Again, how degrading can one be to Canadian artists and their ability to produce great content?

The fact of the matter is these things are not true, and I would like to explain my reasoning. The heritage minister has claimed that this bill would capture $1 billion from large streaming platforms. That is the amount that it would bring in, and that is meant to help further Canadian culture by helping to support these traditional artists. According to the government, it is forcing large streaming platforms to pay their fair share. At first blush, that might sound reasonable, but that is not actually what is happening here.

The government says that this money will save Canadian culture, but who says that Canadian culture actually needs saving? Who says that it is so fragile that it will fall apart without government intervention? Aside from all that, is Canadian culture not based on what Canadians determine it to be? The reality is the notion that large streaming platforms are not paying their fair share is a myth.

Investment in Canadian productions that would further our culture and tell our stories is not drying up, as the Liberals would like us to believe. On the contrary, huge investments are being made. It is just no longer being done through traditional broadcasters and the unions are not controlling it.

According to Wendy Noss of the Motion Picture Association Canada, who testified at the Senate committee, it spent more than $5 billion across this country in 2021 alone. The government is saying it is going to get $1 billion because of this legislation. This is one association and it is putting $5 billion per year into this country, so one cannot tell me or Canadians that somehow investment in homegrown talent is drying up. It is just not true.

If the money is being invested in talent, what is this bill really about?

Opposition Motion—Use of the Notwithstanding ClauseBusiness of SupplyGovernment Orders

February 9th, 2023 / 1:05 p.m.
See context

Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, let me begin by saying that I am not the star of this part of the show. I am merely opening for my colleague from Berthier—Maskinongé, and I am honoured to do so.

I love Quebec. I had the good fortune and great privilege to travel the continent in my previous job, and I have visited places around the world for pleasure. Everywhere we go, when we say we are from Quebec, people are curious. What is the deal with Quebec, anyway? Why will it not just melt into the English sea of North America? What is up with that place, where people do not eat the same foods or wear the same clothes as people in the rest of Canada? Just look at the member for Longueuil—Saint-Hubert. He toned it down today, but he usually dresses to impress.

What is going on with this province, where the vast majority of artists would rather work in their own language than tap into the riches of the anglophone market at their doorstep? The entire nation steps up to demand that Quebec's artists get the space they deserve on our radio stations, on TV, in our theatres and on streaming platforms.

Bill C‑11 was briefly discussed earlier. My colleague from Charlesbourg—Haute‑Saint‑Charles talked about it in his speech this morning. Bill C‑11 really highlighted the difference between Quebec and the rest of Canada. Whereas the cultural industry and community in Quebec mobilized to defend the distinct nature, specifically, of French language and culture, the rest of Canada had other concerns and opposed the bill for different reasons, reasons relevant to the rest of Canada. That is fine, but it proves once again that there are major differences.

I will continue to talk about those differences. What about this nation where women marry without taking their spouse's name? That is, when they do get married because fewer people in Quebec marry than in the rest of Canada. It is not because we are not beautiful or not in love. It is simply that we do not think the same way. It is a nation where parents, increasingly, give their children their mother's last name. That is quite new.

Abroad, people ask us what everyone thinks about the fact that Quebec rejects the exploitation of fossil fuels in favour of renewable energy and that it prefers electric cars to pickup trucks that are too large for our needs.

How does one manage a nation that wants to protect its language and culture, its fundamental values and its societal model at all costs? That is often the crux of the issue. We have differences of opinion on what integration should look like, on what society should look like. Quebec is open, but it also requires openness from those who want to integrate. We are not talking about openness to the point of forgetting oneself and melting into a homogeneous lump. No, that is not what we want at all. What we want is an openness to the fundamental values that form the bedrock of Quebec's society: equality between men and women, the separation of church and state, and French as the official language and as the common language.

Some members of the House may not know this, but Quebec has a declaration that immigrants who want to settle there must agree to abide by. It reads as follows:

Québec is a pluralist society that welcomes immigrants who come from the four corners of the earth with their know-how, skills, language, culture and religion.

Québec provides services to immigrants to help them integrate and participate fully and completely in Québec society in order to meet the challenges of a modern society such as economic prosperity, the survival of the French fact and openness to the world. In return, immigrants must adapt to their living environment.

All Quebecers, whether they are native-born or immigrants, have rights and responsibilities and can freely choose their lifestyle, opinions and religion; however, everyone must obey all laws no matter what their beliefs.

The Québec state and its institutions are secular; political and religious powers are separate.

All Quebecers enjoy rights and freedoms recognized by the Charter of Human Rights and Freedoms and other laws and have the responsibility of abiding by the values set forth in them.

It then goes on to talk about common values. I named three of them earlier.

The principal values set forth in this Charter, which are the foundation of Québec society, are as follows:

Québec is a free and democratic society.

Political and religious powers are separate in Québec.

Québec is a pluralist society.

Québec society is based on the rule of law.

Women and men have the same rights.

The exercise of human rights and freedoms must respect the rights and freedoms of others and the general well-being.

Québec society is also governed by the Charter of the French language, which makes French the official language of Québec. Accordingly, French is the normal and usual language of work, instruction, communications, trade and business.

These are important reminders that should be made as often as possible in the House, because we have noticed that people tend to forget. It is not us who forget them. We remember them all too well.

It is no secret that the reason behind the resurgence of the current debate on the notwithstanding clause has a lot to do with Quebec's recent use of section 33 in the case of a bill that deals with the French language and state secularism. Public debate often comes back to the path Quebec has taken over the past 75 to 80 years. In fact, it was in the 1960s that the differences really started to be more strongly felt.

The affirmation of Quebeckers, the affirmation of their values, is the desire to have their values and their vision of society recognized without embarrassment, without shame. We broke free from something. It was a long process, but we broke free. We wanted a secular society with religion on the sidelines, because the Catholic Church held sway over Quebec society for far too many decades. We wanted a society where the Church did not meddle in everything.

I am a child of that generation. I studied in a religious school in the 1960s. I was an altar boy. We went to church every Sunday, sometimes more often, depending on my mother's mood, so I completely understand why Quebec society evolved the way it did, an evolution that led to the removal of religion from the affairs of the state. I am not talking about people rejecting religion. People have the right to practise their religion. In Quebec, everyone thinks that everyone has the right to believe in what they want, but these beliefs and religious convictions are practised in private. It is not something that is practised in any public services offered by the government.

When we understand and clearly explain this evolution, we also understand Quebeckers' vigorous protection of the separation of church and state. The problem is that as the years go by, those who have witnessed this evolution are being heard less and less. Therefore, it is even more pertinent today not to fall into the trap of wedge politics. This seems to be the Prime Minister's approach. I will cite an example from yesterday, when we heard him say that the Bloc Québécois does not give a damn about francophones outside Quebec. How shockingly insulting.

I will come back to Bill C‑11, the former Bill C‑10, a bill that the Bloc Québécois worked on with francophone associations across Canada, Acadians from New Brunswick and francophones outside Quebec across the country, to present with one voice the importance of promoting all of Canada's francophone culture in our broadcasting system. Hearing that yesterday was an unacceptable insult.

Let us not fall into the trap of allowing ourselves to be divided. Avoiding that is the only way to build a society in which we can collaborate despite our differences. We certainly have differences. Regardless of the kind of society we develop over time, whether it is within a somewhat functional Canada or within an independent Quebec that will be a good partner and a good neighbour, we will have to learn to keep the lines of communication open, to talk to one another, understand one another and respect one another if we want to work in a productive and intelligent way. Failing that, it will be a constant battle.

To hell with populist rhetoric, and to hell with misinformation. As I said, the notwithstanding clause, although not there to be used all the time, is an important tool for preserving Quebec's vision for a secular society and for preserving and protecting Quebec and its core values, values that may offend some people who might not understand Quebec's reality.

Online News ActGovernment Orders

December 13th, 2022 / 4:45 p.m.
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Conservative

Jeremy Patzer Conservative Cypress Hills—Grasslands, SK

Madam Speaker, it is an honour to rise and speak in the House once again.

Before I begin, I also want to take a moment to offer my sincere condolences to the family of Jim Carr, the hon. member who passed away, as well as to his colleagues in the Liberal caucus who have worked with him over the years. I want to offer my thoughts and prayers to everyone.

When I decided to run for office in southern Saskatchewan, one of the driving principles for me and generally a lot of people in Saskatchewan was to see less government interference overall in our lives. That is one of the interesting elements in this bill, that it provides an opportunity to have less government interference in people's lives. That is the opportunity that exists with the bill. That is what we are going to get to as we get through the rest of this debate. As the bill has come through committee, we see how some of the interventions at committee reflect that.

Generally, a government bureaucrat in a distant office does not know what is best for individuals in a family given that family's own unique circumstances, so responsibility for those people should be left to the individuals and not to the government.

Usually, when there is a discussion about smaller government in Canada or somewhere else, it has to do with issues of expanding state power, which directly or indirectly restricts people's lives further. This results in less freedom, either because there are fewer options and choices available to make, or because sometimes it gets to the point of trying to plan citizens' lives for them. In this case, the problem with interference is not so obvious when we compare it to something like the situation in George Orwell's 1984, or maybe the other lurking threat that is another government bill, Bill C-11. It got a lot more negative attention in its previous iteration as Bill C-10, and later passed in this Parliament as Bill C-11.

The Liberals want to hand over way too much power to the CRTC with this bill, Bill C-18, which we are debating tonight. The Conservatives stood with the people and policy experts to make our opposition absolutely clear.

When the same Liberal government with the troubling history of Bill C-11 introduces yet another Internet bill, it is reasonable for Canadians to look at it with a healthy dose of skepticism. However, the problem with government does not always come from control or overreach; sometimes it seems friendly and tries to help out with something good, but it can still create problems despite the best intentions. Unfortunately, although what we saw with this bill when it was first drafted was an honest attempt to support small media outlets, it has turned into a large bill that needlessly grows the size of government institutions.

The CRTC already wields a great deal of power in regulating the Internet and the dissemination of information, and now the government wants to further add to it. Should it have the power to determine who is considered a journalist, or the eligibility of a news agency, which is part of the process of this bill?

It does not end there. The CRTC can resolve disputes and issue penalties. As part of that, the bill allows it to set mandatory terms to which both parties, news outlets and platforms, must agree.

What is perhaps most concerning of all is that the CRTC would have the authority to demand information from these platforms and news outlets whenever it pleases.

At the end of the day, Bill C-18 is inflating the size of the CRTC and giving it enormous power, with little accountability, to regulate the news all of us view. This begs the question: What are the impacts of doing this? An important part of a free society is having an independent press and free speech to hold our leaders accountable, but how much can we trust the Liberals to maintain these things? If the government and the Prime Minister want to talk as much as they do about defending democracy and promoting diversity around the world, they need to take these things seriously when it comes to our own country.

Sadly, over the last year they have damaged their national reputation with respect to these values by abusing emergency powers and allowing vulnerable Canadians, including veterans, for example, to be offered death instead of the help they need. They have undermined our freedoms and respect for human dignity.

My fellow Conservatives and I have spoken a lot about the danger of censorship. I also say that I understand the importance of small media organizations and their place in the local communities, because I represent a very large rural riding. To this day, many still rely on these small media organizations to inform them of the happenings both locally and on the global stage, and rural Canada is better off because of it.

There are many of them in my riding, and they all play an essential role. For instance, the Southwest Booster, which is located in Swift Current, has been producing a weekly paper since 1969. We also have the Prairie Post, which covers both southern Saskatchewan and southern Alberta. North of Swift Current, for example, in the small town of Kyle, we also have the Kyle Times, which has been operating for a number of years. Up in the northwest corner of the riding we have papers like Your West Central Voice and the Kindersley Social, both providing a unique perspective on what is happening in their communities.

Cypress Hills—Grasslands is also home to The Shaunavon Standard, which was founded back in 1913, along with the Maple Creek & Southwest Advance Times and the Maple Creek News, which provide a weekly newspaper and distribute it in the southwest corner. In the eastern half of my constituency, we also find many papers such as the Gravelbourg Tribune, The Herald and the Assiniboia Times. All these papers contribute greatly to the social fabric that we find in rural Canada. In a place where most people do not have access to reliable Internet, these papers are critical to keeping my constituents informed.

However, through the transition into a digital world, these organizations have had to adapt and provide their service online. Before the Internet, papers like the ones I mentioned used a physical newsstand or post office boxes to promote themselves, but today, with the Internet, search engines like Google are the updated newsstands. With Bill C-18 the government is trying to interfere with this updated newsstand, and is going too far in doing so.

In this discussion, we also need to talk about the existing government support for media and how we can fix this framework. As I said, having an independent press is fundamental. However, when our media are receiving multi-million dollar payouts from the federal government, their independence quickly comes into question. The common saying, “Never bite the hand that feeds you,” exists for a reason, and I believe it applies to this situation.

Let us be honest: The job of the media is at times to bite, to seek for answers, to find the truth and to hold those in power to account. However, they cannot fully do this when they know it may impact their subsidy. Many Canadians have seen a subtle shift in the private corporate media, with its reporting starting to resemble that of the CBC, which, as a state broadcaster, receives over $1 billion directly from the government. Because of that relationship, the question is raised as to how much the organization can operate like a PR firm of the federal government. That is why we have previously called for reviewing its funding and mandate.

Having said all this, my concerns with Bill C-18 do not stop with media independence and the newly proposed powers of the CRTC, but extend also to the current government's attempt to interfere in a free market. Bill C-18 would require search engines like Google to pay a royalty to an organization that is putting out information, but the government claims this is only minimal market intervention.

Earlier in my speech I talked about many of the small newsprint operations that we have in southwestern Saskatchewan. Here in the House, we have many former members of the press or journalists or those who have been news anchors or different things over the years. I would submit that the majority, if not all the organizations they worked for, would not receive a penny from any of the funds that would be raised by doing this.

First, the government would allow media outlets and organizations to reach a deal on their own. However, if they failed to do this, the CRTC would force both parties into a binding arbitration process whereby the government would get to set the terms of the deal. If an outlet and the organization reached a deal on their own, but the CRTC officials felt the outlet was not using the money appropriately, they would say the deal was invalid and force the two parties through the arbitration process.

They cannot call this “minimal market intervention” when they are giving an institution the power to force two organizations into a binding arbitration process as well as the power to apply hefty fines. A thing is not market-based when the government needs to step in and force two companies to make a deal or face a large fine from the government if they fail to make a deal.

While the government should aim to support small media outlets, protecting their independence should be front of mind. The implications of Bill C-18 are too far-reaching, and with the lack of guidelines there is great potential for the government to abuse this process. That is why we have opposed this bill and will continue to do so.

Online News ActGovernment Orders

December 13th, 2022 / 4:15 p.m.
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Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, I rise today to speak to Bill C-18.

The Internet is supposed to be a place where anyone, regardless of their wealth, status or background, can express themselves in a place free from excessive restrictions and regulations.

The Internet was designed to be open and free. It was supposed to be a place where one could contribute on one’s terms, where a business can grow on its terms, where society can learn, share and communicate on its terms, free from government overreach.

The absence of government intervention was one of the very reasons why the Internet flourished into what we know it is today, and few other inventions can be attributed to creating such a significant economic, social, and cultural growth as the Internet, but now the Liberal government has made it its priority to regulate the Internet in an unprecedented way.

The Prime Minister has decided to target the free and open Internet, and maybe for those very reasons. First, it was Bill C-10, then it was Bill C-11 and now it is Bill C-18. I believe that the expansion of the government will harm the principles of a healthy media environment for years to come.

When people hear about governments regulating the Internet, few think of Canada, and rightfully so.

At a time when inflation is reaching record highs, when the cost of gas and groceries continues to rise and when heating a home is becoming unaffordable, the Liberal government is fixated on Internet regulations. Maybe the Liberals hoped that Canadians were distracted by real-life pressures and would ignore the Internet regulations, or maybe they do not care about the real issues that Canadians are currently facing in their everyday life.

Here we are, debating another government bill to regulate the Internet. Bill C-18 would force online platforms to give away their revenues to news organizations who choose to upload their content to their platform. Canadians are rightfully skeptical when the government talks about wealth redistribution. Canadians are even more concerned when the government talks about wealth redistribution within the news and media industry.

A free and independent media is critical and important to our nation’s democracy. Whenever the government tries to intervene, elected officials should pay close attention. It is our job to thoroughly examine the consequences of any attempt to hand out money or change the rules for news and media in our country.

Canadians are still questioning the government’s $600-million media bailout, but now the government is trying to create a new revenue source for media with somebody else’s money. I must ask how we can maintain a free market if we indirectly subsidize companies by extracting the profits of their competitors.

It is important to note that no one is forcing news organizations to upload hyperlinks to online platforms. They are free to make this choice. Many publishers upload their content to platforms such as Facebook and Google to benefit themselves. It is no secret that more people are likely to read an article if it is uploaded online because it suddenly becomes more accessible to the public. When an article is uploaded to the Internet for the world to read, it breaks through those geographic walls that a print newspaper is restricted to.

Many writers across Canada have experienced incredible success because of their ability to upload content online. In fact, many publishers pay Google and Facebook to boost their content through ads. Without online platforms like Facebook and Google, many writers and independent news organizations would not exist today.

The Internet has provided a lot of opportunity for media companies who were previously unable to enter the market due to high barriers of entry. Members of the House should be proud of the positive outcomes that online platforms have created for content creators.

Not only is no one forcing news outlets to upload their content online, but also nothing is preventing them from negotiating individual contracts with online platforms. As of today, many news outlets have proactively entered business agreements with online platforms to progress mutual business needs without government intervention, as I heard in a previous speech here from my colleague.

We must also ask who will be eligible to receive the government-mandated shared revenue if Bill C-18 were to become law. The government claims that only legitimate news organizations will be eligible for these funds, but who does the government deem as a legitimate news organization? According to one of the government-written criteria in Bill C-18, a legitimate news organization must produce news “primarily focused on matters of general interest”.

However, I must further ask what the matters of general interest are and who determines them. I can assure members of the House that the general interests in rural Canada are different than in urban Canada, and general interests in Atlantic Canada are different than those in northern and western Canada. These are important questions that Canadians deserve the answers to.

Instead, the Liberals have left these important decisions to the CRTC, the same CRTC that is already bogged down in a mountain of responsibility from other Internet regulations that the government has initiated.

I should note that, if Bill C-18 passes, Canada's government-funded media outlet, the CBC, will be eligible for compensation. Members heard that right. There will be more money for the CBC. The Parliamentary Budget Officer reported that more than 75% of the money will go to the CBC, Rogers and Bell.

The government claims that Bill C-18 is to share the wealth of online platforms to smaller media outlets, such as newspapers. As an MP who proudly represents many small-town weekly newspapers, I understand that these businesses have experienced significant market pressures in recent history.

The reality is that most of the money redistributed by Bill C-18 will only go to the media giants, such as The Toronto Star and The Globe and Mail. They are the ones that have the most content online, and therefore, they will get the most money from this legislation.

Many local newspapers I represent do not even upload their content to online platforms. That means they would not see any of the money the government claims they will get. I wholeheartedly agree with local newspapers across this nation that are frustrated. However, Bill C-18 is not the silver bullet. In fact, many are warning that Bill C-18 would be detrimental to Canadian journalism.

At the beginning of my speech, I spoke about the importance of free and open Internet. It is a principle that I, and many Canadians, strongly believe in. However, Bill C-18 breaks the concept of a free and open Internet. Bill C-18 is bad for independent media, and it is bad for competition.

At a time when many Canadians believe the freedom to express oneself is threatened, the Liberal government continues down a path of unprecedented Internet regulation. It would be nice to see the government put as much effort into reducing Internet and cell phone bills as it is putting into regulating the Internet, but I digress.

I will end with a quote from Vinton Cerf, a founding father of the Internet. He stated, “if all of us...don't pay attention to what is going on, users worldwide will be at risk of losing the open and free Internet that has brought so much to so many and can bring so much more.” That is very true.

The Internet, a creation that was built on the principle of being open and free, is now threatened. We can either allow the government to expand its power over the Internet, or preserve the principles it was founded on. That is why I will be voting against Bill C-18.

Online News ActGovernment Orders

December 13th, 2022 / 4 p.m.
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NDP

Heather McPherson NDP Edmonton Strathcona, AB

Madam Speaker, I worked very closely with my colleague at the heritage committee in the last Parliament.

I know the member. I know he believes strongly in Canadian media. I know he fights for Canadian media. However, I do have concerns with some of the messaging that we are seeing from the Conservative Party. During debate on Bill C-10, as an example, I heard one of his colleagues say that every single time he gets to send out an email to his constituents about Bill C-10, he makes about $1,600.

My worry is whether the Conservative Party is taking this opportunity to fundraise or taking this opportunity to misinform Canadians for their own benefit, rather than actually trying to find productive solutions to fixing some of the problems that our media faces in this country.

Online News ActGovernment Orders

December 13th, 2022 / 4 p.m.
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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Madam Speaker, I am concerned. I said that right off the top. When Bill C-18 was introduced over a year ago, the bill was designed to help local newspapers in this country. Now we find out when we peel back the onion that public broadcaster CBC, Rogers and Bell, are going to get 75% of the funding from Meta and Google. Why are they at the trough?

We dealt with Bill C-10 and Bill C-11 before, which pertained to those industries. Bill C-18 was designed for newspapers, as we have found out with the department saying only $150 million will be raised. Is it $150 million, or what the PBO said is a bigger pot of $239 million?

Online News ActGovernment Orders

December 13th, 2022 / 1:20 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, I will begin my speech by saying that on entering the House of Commons earlier, I felt a twinge of sadness at seeing the bouquet of flowers placed on the desk of our departed colleague, the member for Winnipeg South Centre. Last week, I was lucky enough to have the privilege of shaking his hand after his very moving speech on the bill that he was sponsoring.

The bouquet of flowers placed on his desk today is a lovely tribute to him. I think that the thoughts of all members of the House, especially my colleagues in the Bloc Québécois, are with Mr. Carr's family, to whom we offer our deepest condolences.

We are now at third reading of Bill C‑18. Earlier, I was listening to my Conservative colleague answer questions after his speech, and I noted that the Conservatives, in good or bad faith, are lumping Bills C‑11 and C‑18 together. Perhaps it is a matter of opinion or belief, I am not sure. They are lumping them together using the same unfounded, fallacious and somewhat warped arguments. One claim in particular is that, through these bills, the government is going to be able to control the news, entertainment content, music content, and so on that Quebeckers and Canadians consume on the Internet.

Perhaps it is time people heard the truth. I am not saying that there is no need to discuss these issues, because they are concerning, but it should be done using facts, not just the spin coming from those who oppose regulating the companies that have been running the show online for too long already.

Let me summarize briefly. Since day one, Facebook, Twitter and Google, but especially Facebook and Google, of course, have been appropriating news articles and reports without compensating the authors, media outlets or journalists. For too many years, these digital giants have been instrumental in methodically dismantling our traditional media. They may have done so involuntarily, but because they are corporations whose sole purpose is to generate revenue, they can hardly be blamed for doing so by any means at their disposal.

That is why the time has come to set up a framework to govern these sectors, which can no longer develop in a healthy way for everyone involved. A legislative framework is a must. We need rules. Contrary to what some of our colleagues would like, it cannot be a wild west. Some advocate for a free market, free access, and no rules governing these web giants, but the impact on some people is major and, in some cases, devastating.

Web giants like Facebook and Google have appropriated advertising revenue from local advertisers. This revenue is often the bread and butter of regional media and small weekly papers in small rural communities. In fact, it may even be their only means of keeping the lights on, paying their staff and journalists and providing high-quality news. In short, it may be their only means of survival.

It is estimated that web giants appropriate, or essentially swipe, 80% of advertising revenue, to the detriment of our regional media. Those web giants have never been asked to pay anything. Their revenue has never been taxed. They are not held to account. Even though it took some time, I think that we need to commend the government for taking the initiative, even at this late stage, to legislate and put its foot down. Oddly enough, there is only one party in the House that opposed this initiative and stood by its point of view throughout the study of Bill C-10, which became C-11, and of Bill C-18, which is currently before us.

There are dozens of media outlets, dozens of small newspapers that closed their doors over the past few years because of this crisis. Since I took office as the member for Drummond and as the communications critic for my party, not a week has gone by that news media stakeholders have not expressed their concerns to me.

One weekly newspaper in a region represented by a colleague wanted to be reassured. I was asked where we in the Bloc Québécois stood and what we were doing. I was asked if they would get what was rightfully theirs and if we would create a more balanced market. That is what Bill C-18 does. This is not at all about controlling what people see on the Internet. We will refute those lies. I will do that a little later.

Let me digress for a moment to talk about newspapers. Everyone has noticed this. My children are puzzled by the thing that lands on our doorstep every Saturday. I renewed my subscription to a newspaper that is delivered every Saturday, and my kids ask me what it is. The media world has changed. Printed newspapers are rarely seen anymore. Until very recently, the Journal de Montréal was the only newspaper that still distributed a paper version seven days a week. Quebecor announced last week that it could no longer continue publishing print editions seven days a week beginning in 2023. It is going to stop delivering the paper version on Sundays. The entire industry is changing. News organizations keep us informed and up to date, but in order to keep doing that, they will need to have the best possible resources and take advantage of the technology that is becoming the primary means of transmitting information, whether we like it or not.

Quebec and Canadian news media moved very quickly in 2020 to ask the government and elected officials for regulations. At the time, the government had commissioned the report "Canada's Communications Future: Time to Act". No one remembers the real name. It has been referred to so often by its other name that it is now known as the Yale report.

It was an excellent working document that suggested that part or all royalties should contribute to the production of news. Then the COVID‑19 pandemic hit, exacerbating the difficulties facing news media, and that increased the urgency for and the pressure put on the government by these businesses to follow Australia's lead and put in place a code or legislation similar to what was enacted there. Paul Deegan, president and CEO of News Media Canada, said at the time that the negotiating framework with arbitration, inspired by the Australian approach, is the best solution to the news media crisis.

Initially, the Bloc Québécois proposed an idea that I still think is excellent. It was not what the industry wanted. It was not in keeping with the existing consensus within news media groups. We proposed taking a percentage of the web giants' revenues. The exact amount had not been determined, but around 2%, 3% or 4% of their revenues earned on Canadian soil would have been used to create a fund from which we could have generated royalties based on needs that we consider essential, such as protecting regional news companies, which are often the most affected by the arrival of web giants.

The industry preferred something inspired by the Australian model. I think that I speak for my 31 colleagues in the Bloc when I say that we are committed to representing the people who elected us. We will not go against the will of those we want to represent, so we went with what was proposed, namely legislation inspired by what was done in Australia.

Bill C‑18, the online news act, requires digital platform businesses, that is, digital news intermediaries, to negotiate agreements with news businesses. That is a pretty broad summary. From there, we had to determine which news businesses are eligible to negotiate, which created an interesting challenge. In clause 27 of the bill, eligibility for news businesses relies mostly on fiscal criteria, the same criteria used to determine eligibility for various journalism assistance programs.

All of this is reasonable, but there are some gaps.

News businesses eligible for compensation were originally required, and still are, to be designated as qualified Canadian journalism organizations, or QCJOs, under subsection 248(1) of the Income Tax Act. A non-Canadian company could also qualify if it meets certain criteria of a QCJO, namely, if it regularly employs two or more journalists in Canada, operates in Canada, actively produces news content, and is not significantly engaged in producing content that promotes the interests or reports on the activities of an organization.

That said, the bill also excludes magazines, companies that make specialized news content. For example, companies that publish automotive or sports magazines are not considered eligible under Bill C‑18.

The Bloc Québécois succeeded in getting what I felt was an essential amendment made to Bill C‑18. We want to protect news, but news evolves. The definitions of news and journalism have been watered down in recent years. There seems to be a lack of understanding, some difficulty distinguishing journalism from opinion pieces, columns and editorials. I felt it was very important to make that distinction.

In essence, what we want to protect is journalism, journalistic coverage, news, especially regional news, and weekly papers and small media outlets, which are vulnerable. These tend to be in the regions we represent that are more rural and located outside of major centres. Their reality is very different from that of big media outlets.

We felt it was important to have criteria relating to the quality of journalism, so we proposed an amendment after consulting with media organizations, such as the Quebec Press Council. We suggested adding the requirement that a news organization be a member of a recognized journalistic association or that it follow the code of ethics of a recognized journalistic association or that it have its own code of ethics that adheres to basic journalistic principles.

This is where the basic criteria and the principles of journalism need to be defined. We must not be too precise in doing so, because trying to be too precise can sometimes leave the door open to interpretation, which we do not want to see in this kind of legislation.

The three basic principles of journalism are as follows. The first is independence, which means avoiding conflicts of interest, ideological influences and commercial policies. The second is rigour, which refers to the accuracy of information, impartiality and the presentation of balanced and complete information. The third is fairness, which refers to respect for privacy and dignity, the absence of discrimination, openness to the right of reply and prompt correction of errors. These are the three basic criteria for journalism.

In the discussions on our amendment, some people raised certain fears. People wondered what would happen if, for example, a particular media outlet expressed an opinion that was not in line with what the government wanted to hear.

Once again, I want to come back to the difference between journalism produced in a newsroom that applies these fundamental criteria from the outset and opinion journalism, such as columns and editorials, that are based on opinion, a bias or a biased or different point of view. They certainly do not constitute impartial news coverage or information.

That gave rise to some interesting discussions both in society and in the journalism community, which is an ever-evolving environment.

It was very important for us that this amendment be included in Bill C-18. It was important that these rigorous criteria, namely the basic principles of journalism, be included in the eligibility criteria for companies that can benefit from the bill's legislative framework.

Bill C‑18 does not solve all the problems. I think everyone knows that. There are still major challenges facing news organizations, as is also the case for the cultural industry and any business working in an industry affected by web giants like GAFAM. That basically means every business because these days pretty much everyone is affected by the web giants.

What will have to be done to again protect regional news media? The government will have to continue supporting them and maintaining its programs.

Clearly, this is not an easy task, and this bill will not suddenly and magically address all the problems the industry has been grappling with over the past 25 years. The sector still needs to be given a huge amount of financial support through existing programs, which will have to be enhanced, tweaked and made permanent. That remains to be done.

What also remains to be done is to see what will happen to specialty magazines, such as consumer, automotive or sports publications. We will have to see how these magazines, which publish content shared by digital intermediaries, will fare in the digital world. We will have to watch them and possibly support them.

We will have to ensure that we stop believing all the lies and disinformation and that at some point we use common sense. We will have to stop believing everything we hear.

This is not a dictatorship or a banana republic, despite what we may think from time to time when we see some of the programs managed by the government. I do not have an example. If I gave examples, I would be here all night.

No one is going to start controlling what people can and cannot watch online. When we talk about giving our media, our companies, a place, that simply means rebalancing a market that clearly disadvantages our local businesses. Hundreds of our news businesses and media outlets have shut down. Billions of dollars in advertising revenue for those companies have been lost.

That is what this legislation seeks to correct. In that sense, it is very good. This is not going to penalize Google and Facebook. Believe me, they are not short on money.

The other lie or disinformation—whatever we call it—is that the lion's share will go back to the major industry players, while the little guy will be left behind. There is no set amount. Nowhere does it say that $500 million will be shared and that the bigger companies will take the largest share, with nothing being left for the smaller companies. It does not work like that.

Should this not work, there will be a negotiation process with arbitration. That model seems equitable for both smaller and major players. What is more, if the small players wish, they can come together and stand united to have more weight in the negotiation. I think everything is quite clear, that everything is in place to give the smaller players as much of a chance to get ahead as the major players.

I will conclude on the issue of CBC/Radio-Canada. I heard my Conservative colleague mention it earlier. It is a good question. Do we allow CBC/Radio-Canada to have the same negotiation rights and earn revenue from sharing their content on digital intermediaries or not, given that CBC/Radio-Canada is publicly funded? The principle here is not how the CBC is funded. The issue is whether those who produce content shared through digital intermediaries should be paid for it. The answer is yes.

I am open to the idea of having another debate on funding for CBC. I am sure there will be some good suggestions.

However, for now, this is how Bill C‑18 is structured. It is not a perfect bill, but it is a good one. It is a good starting point, and we will support it.

Government Business No. 22Government Orders

November 15th, 2022 / 6:30 p.m.
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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, I want to remind the House that I will be splitting my time with the member for Saskatoon West.

Here we are again. I was in the process of recapping a bit of history on the draconian motions the Liberal government continues to bring. I had described Motion No. 6 in 2016. It was the same thing of wanting to extend the hours and basically obstruct, and that of course was where “elbowgate” came from. The Prime Minister was upset because there was legislation pending and many amendments were brought, so that evening turned into a fiasco.

The government then withdrew Motion No. 6. It realized it had pushed everyone too far and it was very undemocratic. In fact, I quoted the member for New Westminster—Burnaby, who said that the motion was fundamentally anti-democratic. The NDP seems to be supporting its costly coalition now, but at the time he said that it was fundamentally undemocratic.

Then the government came forward with Motion No. 11, which was about sitting until midnight, but not for everybody to be sitting until midnight. The Liberals and the NDP would have been able to be home in their pyjamas with Motion No. 11, because there would not need to be quorum. They would not need to have a certain number of people in the House, which is actually a constitutional requirement to have 20 in the House. They were recommending something that was not even constitutional back on Motion No. 11.

The irony is they have now brought Motion No. 22, which is twice as bad as Motion No. 11, and mathematically, people will see the irony there. On the one hand, we hear Liberal members say they are trying to give us more time to debate, but actually that would only happen when Liberal and NDP members would be here, and they would not need to be because we would not need to have quorum. It is a little insincere.

The other thing is that the government continually moves time allocation. It promised not to do that when it was first elected in 2015, back in the old sunshiny days. Its members said they would never move time allocation, and now they are moving it all the time.

Rushing things through the House can be disastrous. We saw that with Bill C-11, where all kinds of draconian measures were used. It was forced to committee, and it was time allocated at committee to get it over to the Senate. Now we can see there are so many flaws in the bill that the Senate is taking quite a bit of time with it and is likely to bring numerous amendments.

That is why we need to have time here in the House for reasonable debate. Debate means people need to not just speak but also be heard. For that to happen, one needs to have an audience, which of course Motion No. 22 would eliminate. The role of the opposition is to point out what is not good about legislation that comes before the House. It does no good at all for us to point it out if nobody is listening to what is being said.

I find it particularly awful that the Liberals talk about family balance and try to promote more women to come into politics. The member for Fort McMurray—Cold Lake and the member for Shefford, who are young mothers, have stood up and said that this motion is not good for family balance. It is not that people do not want to work, but if we want to encourage more women to come in, these kinds of measures are not encouraging them. There is a lot of hypocrisy for the government to talk on the one hand about getting more women in politics and promoting that and on the other hand putting draconian measures such as this in place, where mothers with young babies would need to be here at 11:30 at night debating legislation.

I am very concerned about committee resources, and so that is really the amendment the CPC has brought. We have seen there has been a lot of trouble at committees getting interpreters and committees not being able to extend their hours when there are important issues because there are just no resources. A valid concern brought by the member for Regina—Qu'Appelle was that we want a guarantee we are not going to be shortchanged at committee. Perhaps at the end of the day, that is what the government is trying to do, which is to escape the examination it gets at committee. In a minority government, we can actually try to get to the heart of the issues the government would like no transparency on.

The amendment that has been brought forward is a good one. Overall, I have seen an erosion of our democracy. I think this motion is fundamentally undemocratic, but I would add it to the list of attacks on our democratic rights and freedoms in this country.

We talk about freedom of speech, but we have seen a continual onslaught against it from the government through Bill C-10, Bill C-36 and Bill C-11, including when it comes to freedom of the media and freedom of the press. We have Bill C-18 at the heritage committee right now, and I have lots of concern about that bill. There is an erosion of freedom of religion in this country, from hiring a consultant who is an anti-Semite to advise the government on anti-racism, to having 15 Christian churches burn down in Canada, yet crickets are coming from the side opposite.

I am very concerned. I see the rise of Chinese influence in our elections. There are three police stations that China has claimed in Toronto. What is the government doing about any of this? Nothing.

This motion is just another in a long line of motions eroding our democracy, so I am certainly not going to support it. I cannot believe that the NDP is going to support the government when previously the New Democrats said this kind of motion was fundamentally undemocratic. I understand in no way why this costly coalition exists. The NDP got in bed with the Liberals to get 10 sick days, through legislation that was passed in December last year and was never enacted, and dental care for everybody, which they got for children under 12 and poor families who are mostly covered in other provincial programs, with nothing else coming until after the next election. On pharmacare, there are crickets.

Why is the NDP supporting the government on this draconian anti-democratic motion that is intended to take away the accountability of government? I have no idea. I am certainly not going to support it, and my Conservative colleagues will not either.

Government Business No. 22Extension of Sitting Hours and Conduct of Extended ProceedingsGovernment Orders

November 15th, 2022 / 5:20 p.m.
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Bloc

René Villemure Bloc Trois-Rivières, QC

Madam Speaker, I thank the member opposite for that excellent question.

It is important to distinguish between an exception and a precedent.

An exception is something that happens only once and must not happen again. That is what happened with Bill C‑10 because there was so much pressure from Quebec's cultural sector, and protecting that culture was the right thing to do.

A precedent is something that has already been set; it is there, we see it, and it will happen again. This practice should not be allowed to happen again, period.

Government Business No. 22Extension of Sitting Hours and Conduct of Extended ProceedingsGovernment Orders

November 15th, 2022 / 5:20 p.m.
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NDP

Heather McPherson NDP Edmonton Strathcona, AB

Madam Speaker, I understand my colleague's concerns with moving time allocation and moving forward on this, but I am curious. It was not very long ago that the Bloc supported time allocation on Bill C-10, when we were debating that in the House, when we were seeing the Conservatives do everything they could to stop the important work that needed to be done for Canadians, to make sure that Canadian broadcasting was protected. We were updating our broadcasting legislation. At that point, the Bloc supported time allocation.

It seems like the Bloc members are saying it is a massive overreach but also that it is a massive overreach they can support when it is in their interests. I am wondering how the Bloc members square that circle.

October 21st, 2022 / 1:40 p.m.
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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

All right. Thank you.

You know the Australian model made Rupert Murdoch very, very rich. I see here with Bill C‑18 that very rich will come from Bell Media, from Rogers media.

I want your thoughts. You said you are following the Australian model, or at least Bill C‑18was intended to follow the Australian model, but when I look at broadcasters now, I see they've got their hand into the pot of Bill C‑18, and not only their hand; I would say they've got their whole body into this. They are getting most of the money that could be available through Google and Meta.

With the independent local news fund that you cited, $23 million, how much more do Bell, Rogers and other independent media need to survive in this country? I thought Bill C‑18 was going to be the bill to help local newspapers. It is in fact the exact opposite. We have the multinationals again getting most of the money. They were involved in Bill C‑10, Bill C‑11 and Bill C‑18. I just want your comment on that, because I'm very worried that this bill was designed for newspapers and has turned out to be anything but.

Online Streaming ActGovernment Orders

June 20th, 2022 / 5:55 p.m.
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NDP

Heather McPherson NDP Edmonton Strathcona, AB

Madam Speaker, it is my privilege to stand in this place and speak to Bill C-11.

I have to begin by saying that I was one of the members of the heritage committee in the last Parliament when Bill C-10 came forward. I greatly appreciated working with my colleague from the NDP, the heritage critic in the last Parliament, and I thank him for his intervention today. I learn so much every time he speaks. He is such a very clear communicator. I greatly appreciate the contributions that he has made to this debate this evening.

I also want to recognize some of my friends in this place right now who were on that committee, with whom I very much enjoyed working. Unfortunately, I will not say that was the same for all members of our committee, but I will get into some of that detail in a little while.

To start with, I want to talk about just how vital this Bill C-11 legislation is. It is so important that we take the opportunity to level the playing field between the web giants, these big multinational corporations, and the artistic community in Canada. I am talking about the artists and the venues that support those artists, which are then in turn supported because we have a strong artistic community. The theatres, newspapers and radio stations, all of these things that get support when we level the playing field are so important. I am going to go through some of the organizations in my riding and say a little about them later on.

I want to just highlight a couple of things we have heard about over and over again from the Conservative Party. That is that Bill C-11 applies to user-generated content. They know that is not true. They know that except for very specific examples that is not the way this bill has been set up. We know that this bill provides opportunities for indigenous people. It provides opportunities for programming for Canadians to hear and be exposed to indigenous language programming. It supports minority communities.

Many people do not know this about Edmonton Strathcona, but there is a huge and very vibrant francophone community in my riding. It is a part of why I have spent so many hours, not very successfully, I will say, trying to learn French so that I can speak French in this place and recognize the vital role that francophones play in our community in Edmonton Strathcona.

These are the things that we are pushing for with Bill C-11. When I sit at committee I hear, of course, that the Liberals brought this bill forward and they support the legislation. The NDP strongly supports this legislation as well, and the Bloc Québécois supports the legislation. The Green Party, which I think one of my colleagues mentioned, under—

Online Streaming ActGovernment Orders

June 20th, 2022 / 5:30 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I appreciate many of the comments that my colleague across the way made, but I take a different approach. He made reference to Bill C-10 and the amendment process. I think it clearly demonstrated the interest of the government, when modernizing the legislation, to get it right. We saw a number of amendments that, in fact, ultimately changed the form of Bill C-11, and I think that is good for the industry as a whole and for future Canadian content.

The member made reference to the word “freedom”, and I think there is a fear factor out there, as some are trying to say that this is a limit on an individual's freedoms. Could he provide his thoughts with regard to the issue of the Conservative Party in essence saying that this is an attack on individual freedoms?

Online Streaming ActGovernment Orders

June 20th, 2022 / 5:10 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, I want to start my speech with an aside once again. I am definitely making a habit of starting my speeches with an aside. I want to do this and I think everyone will be fine with it, because last Friday was graduates' day. In Quebec, we celebrated students graduating from high school, CEGEP, vocational school and other schools. We applauded their efforts and their determination at an important step in their studies. I therefore wanted to take a few moments to commend graduates in the riding of Drummond. I am thinking in particular of Elsa Darveau and Ève Turgeon, two young ladies that I adore. Back home, I want to applaud my stepson Christophe and his girlfriend Sophia who are also headed to CEGEP. I want to commend and congratulate everyone graduating in Quebec and Canada, and all those taking this big step in their studies.

I hope that this will be the last time we rise to speak to Bill C‑11. I am optimistic that it will be. We worked on Bill C‑10, we worked on Bill C‑11. It is time to pass this bill that our cultural and broadcasting industries have awaited for such a long time.

I must say that we put a lot of hours into Bill C‑10 after it was introduced in 2020. The spotlight was on us, as members of Parliament, and we were being congratulated and patted on the back by our colleagues and others, but there is a whole team working behind the scenes. I want to acknowledge my support team, which did extraordinary work during our study of Bill C‑10 last year and during our study of Bill C‑11 now before us.

I especially want to thank my assistant Mélissa, who did an amazing job planning more than 60 meetings with stakeholders from all across the industry and who worked non-stop to prepare for the committees. She did an amazing job. I thank my friend Éric, who contributed his thoughts and experience, our research friends, Michael and Vincent, and the whip's team, Paul, Marie-Christine and Charles.

I want to say a special thank you to my colleague from Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix, who is here in the House today. Last year, she held meetings on Bill C-10, and she put in a lot of effort. It was a bill that she cared a lot about. I imagine she is pleased today to see that Bill C-11 will be passed. She was a singer in a former life. Actually, that is not true. She will always be a singer. In fact, the Standing Committee on Fisheries and Oceans has the opportunity to benefit from her talents at just about every meeting. I think this bill was particularly close to her heart because she has made a living from singing and she knows how important the Broadcasting Act is to the entire cultural industry. I therefore thank my colleague for her wonderful help.

I feel like I am giving a thank-you speech at an awards ceremony, but I think it is important. I hope others will follow suit.

I also want to say a big thank you to the interpreters, the committee staff, and the clerks' office staff, who do an absolutely incredible job, always behind the scenes. Without them, I do not think we would be able to get anything done. I want to sincerely thank them as well.

With that, I want to focus on a number of very important things that were added to Bill C‑10, which I spoke about earlier. My pet analogy is that Bill C‑10, as introduced on November 3, 2020, was like a blank paint-by-number. The numbers were there, but they were in need of paint to fill in the structure and content of a bill that was lacking on both fronts.

Earlier, the parliamentary secretary talked about Bill C‑10 and Bill C‑11 as though they were essentially one and the same. He is not completely wrong about that, but he should have said that it was actually the final version of Bill C‑10 as amended and the version of Bill C‑11 as introduced that were virtually the same. That is an important distinction because a lot of work was done on Bill C‑10. Specifically, a lot of work was done to take out significant sections of the Broadcasting Act, for example, paragraph 3(1)(a) on the Canadian ownership and control of broadcasting entities. Last year, the Bloc Québécois proposed an amendment to Bill C‑10 to replace it with the following: “the Canadian broadcasting system shall be effectively owned and controlled by Canadians, and foreign broadcasting undertakings may also provide programming to Canadians”.

The wording has changed a bit in Bill C‑11. Without getting into it too much, we would have preferred the wording from Bill C‑10, but this is still an important amendment.

We often say that the Bloc Québécois put the protection of French back into the broadcasting bill. That is true, and it is in Bill C‑11 because we managed to add it to Bill C‑10. Here is what the new subparagraph 3(1)(i.1) says: “reflect and support Canada's linguistic duality by placing significant importance on the creation, production and broadcasting of original French language programs, including those from French linguistic minority communities”.

There is an important nuance here that I think is worth bearing in mind and repeating. The bill talks about “original French language programs”, not programs in French. If we had stuck with “programs in French”, as the bill seemed to suggest before we amended this clause, then content dubbed in French would have been given equal weight regardless of the original language. What we were calling for, and it was entirely legitimate for us to do so, was original French content, meaning broadcasting companies would be required to produce original content in the language of Molière, Vigneault, Leclerc, Lévesque and myself.

I am talking a lot about Bill C-10 because we added a few things to it, some of which also made their way into Bill C-11, so they have been discussed again.

One of them was the issue of discoverability, which really got people talking. It has become quite hackneyed and used to spread appalling misinformation. I talked about discoverability in the House last week, and I think it is pretty straightforward as a concept. It aims to ensure that local content is promoted, easy to find and available on any broadcasting platform.

I cannot imagine anyone thinking to themselves that, yes, we produce great content but that we need to make sure that no one can find it, so as not to completely confuse the algorithms of the big foreign companies, which will stop liking us.

I was elected by Quebec voters, who want me to protect their interests. I was not elected by multinational corporations that are based abroad and who report virtually no revenue, pay virtually no taxes and contribute virtually nothing to our broadcasting system and our cultural industry in Canada.

I therefore have no problem imposing discoverability requirements on these businesses, because I find that it makes sense. I find it contemptible that this requirement has caused so much outrage and been used as justification by those who claim that this broadcasting bill essentially amounts to censorship.

Another very interesting addition made to last year's bill is the sunset clause. This emerged from the realization that the Broadcasting Act has not been updated, revised or amended for more than 30 years, and that if nothing were done, it would more than likely be quite some time before a new act were adopted or amendments made to the new Broadcasting Act.

Why would we not require a re-evaluation at specified times to make the necessary amendments and adjustments? That is one of the fine additions included in Bill C-10, and then in Bill C‑11, and it will require the House to review the Broadcasting Act every five years. If some things are not being done properly today, we will not have to wait 30 years to correct them.

Bill C‑11 has had quite a strange trajectory. We can agree that the process was a little messed up. In other words, it was short-circuited or neglected. I apologize; perhaps I could have used a better term.

It did not help that the Conservatives decided they were going to oppose the bill in any way they could, by filibustering during some very important meetings, even though the study process had already been planned out when the committee received the bill. In response, the government opted for a closure motion, which made it tough to talk about amendments and advocate for amendments.

This meant that the committee was not able to have the types of discussions it would normally have when amendments to bills are proposed. I think that the discussion can open members' minds. I wanted to hear my colleagues make arguments, even the ones I find far-fetched. In committee, we are meant to discuss, listen to what others say and keep an open mind. This is how we can amend Bill C‑11 as effectively as possible.

A few Bloc Québécois amendments were rejected. I think the main reason they were rejected is that we did not have the opportunity to explain them. There was no room for debate, particularly on the control we want to have over online companies, or rather the control we refuse to have over them.

It is unbelievable. When we tried to force American, Chinese and international companies, foreign companies, to hire Canadian and Quebec human resources, creative resources and talent as much as possible, I was told that it is impossible because the companies are already investing a lot of money. I was told that we cannot force them to hire locals because that would be too upsetting. That is what I was told. These companies and the web giants say that they are already contributing a lot and that it would be inconvenient if they were forced to use Canadian resources as much as possible. To that I say, they are always nibbling away at the advertising pie and taking the revenues for themselves.

I really want members to understand this. People in this flourishing industry are on the verge of switching careers. They no longer have an income, and media outlets are closing up shop, yet web giants tell us they do not want us to impose those kinds of constraints. Our doormat of a Canadian government lies down and has no problem letting them walk all over it.

I sincerely hope the government will take a somewhat firmer stance, especially when it comes to orders the CRTC can give. The CRTC does actually require good faith negotiations between the companies that create programs and those that distribute or broadcast them, and obviously that includes online platforms in our current system. That means the CRTC would need the tools to impose fair negotiation rules should good faith negotiations not happen. That idea was turned down too.

I was told it would not work, that the government could not give the CRTC tools to respond should negotiations not take place in good faith. That means big corporations will be able to walk all over our little-guy production companies and carry on exploiting our Quebec and Canadian content creators for profit.

Who might need these negotiations to be protected? Small programming businesses might need that, although many of them have grown. Consider APTN, for example. APTN's wonderful model is being emulated around the world. New Zealanders were inspired by what APTN has done in Canada and created a similar channel. CPAC is another example. I think everyone here is quite familiar with CPAC. We can also think of The Weather Network. These are all businesses that need this protection, but they are not getting it because we think that if we are too strict with online businesses, they will be angry. Do we really think they will go away because they are angry? They make billions of dollars.

Here is another thing that really frustrated me. We hear about balancing the market, making the market fair to ensure that our traditional broadcasting companies are not penalized in relation to online companies. In that regard, I am quite happy that the part II fees, which imposed significant and onerous financial conditions on licensed broadcasters, have been dropped. I think dropping these fees should really help them, or at least give them a little breathing room. However, the CRTC still cannot issue orders.

Let us talk about one of the amendments that I thought did not make much sense:

The [CRTC] may, in furtherance of its objects, make orders imposing conditions on the carrying on of broadcasting undertakings that the Commission considers appropriate for the implementation of the broadcasting policy set out in subsection 3(1), including conditions respecting...any change in the ownership or control of a broadcasting undertaking that is required to be carried on under a licence.

I said that the idea of a licence should be removed because we want that to apply to online undertakings. However, that was rejected. People did not want that to apply to online undertakings. It is as though they were still scared of the big online company monster. It is as though they were afraid of stepping on the toes of the giant.

We are afraid to step on the toes of the giant, but that giant is crushing us and we are saying nothing about it. We think it is amusing because we can watch our movies and our shows. We do not even realize that our creators are starving.

Bill C‑11 will pass. The result of the vote will be close, but it will pass. I hope that the fears of those who have profusely expressed them will be allayed when they eventually realize that the “censorship” and “control” of what they envisioned are fabrications. These arguments are pure fearmongering and really have no merit. All the rambling that took place over the past few months and the Conservatives' systematic filibustering when Bill C‑11 was being studied in committee has only resulted in the postponement of important studies, such as that of bill C‑18.

More than 450 news businesses have closed their doors. This is a crisis. Because so much time has been wasted for unfounded ideological reasons, a slew of media outlets, including small regional media, are on the brink of closure, and I find that outrageous. I think that these people should show their frustration by pounding a table and making sure their MPs hear them. It is absurd that Bill C‑18 cannot be studied sooner and that we must wait until the fall to discuss this urgent matter.

Online Streaming ActGovernment Orders

June 20th, 2022 / 4:50 p.m.
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Conservative

Blake Richards Conservative Banff—Airdrie, AB

Mr. Speaker, freedom of speech is a fundamental right in Canada. It is enshrined in our Charter of Rights and Freedoms in fact. Section 2 of the Canadian Charter of Rights and Freedoms states:

Everyone has the following fundamental freedoms:

(a) freedom of conscience and religion;

(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

(c) freedom of peaceful assembly; and

(d) freedom of association.

These rights are what makes Canada a modern democracy. They are not trivial principles. They should not be up for debate. Interfering with fundamental rights is the sign of a dying democracy, yet the Liberals have shown, time and time again, that they are dead set on desecrating this right by regulating and censoring the social media content that Canadians are able to see online.

I just want to go back a little with the history. This bill was first introduced back in November 2020, as Bill C-10, and by February 2021, the Liberals had removed a clause from the bill exempting user-generated content, which extended the legislation to encompass everyday social media content created by Canadians. Before the bill could pass in the last parliamentary session through both Houses of Parliament, I raised a point of order and exposed the Liberals' reckless approach to implementing this bill. I submitted in my point of order that several of the amendments to Bill C-10 that were made in committee needed to be struck down because the government's committee government members had grossly exceeded their authority in more ways than one.

This point of order, which was upheld in its ruling, effectively defeated the chances of the bill being able to proceed before the Liberals called their early election back in 2021. Then, of course, to no one's surprise, when Parliament reconvened after that election, the bill was re-introduced as Bill C-11, which we have before us.

In order to ensure its passage, the Liberals decided to pass Motion No. 11 in the House, which has allowed them to push through the passage of this legislation by bypassing standard procedure. When that was not enough, the Liberals decided to pass several motions to shorten the committee's study and to limit witnesses, and then accused Conservatives of filibustering every time we opposed one of those anti-democratic motions.

Last week, the Liberals finally moved closure through Motion No. 16 to force the bill through committee clause-by-clause consideration with limited or, in many cases, no debate. On June 14, just last week, the Canadian heritage committee was forced to sit from 11 in the morning until 12:15 at night to complete clause-by-clause of 172 pages of amendments, over 100 of which were passed without allowing for so much as one second of debate.

I would say that bypassing debate and rushing through an unprecedented bill is an insult to Canadians, and it only allows the government to avoid accountability. Parliament has a democratic responsibility to thoroughly examine the implications of Internet regulation, and Canadians deserve to know the truth about this deeply flawed bill. The Liberals are stifling freedom of speech by curtailing parliamentary process.

Ironically, by limiting MPs' ability to speak, the Liberals are symbolizing the censorship contained within this bill. The government does not just want to regulate the Internet and hinder freedom of speech, it is also determined to interfere with parliamentarians' right to speak and debate the same legislation that is looking to interfere with people's rights and freedoms.

Back to the bill itself, under the auspices of amending the Broadcasting Act, the legislation contained in Bill C-11 infringes on the rights and freedoms of every single Canadian who uses social media. This bill would give bureaucrats at the CRTC sweeping powers to regulate online social media content based on famously irrational criteria. It would allow the CRTC to decide what content it considers to be Canadian enough, and then force social media companies to promote that content and bury the so-called un-Canadian content, so it would be nearly impossible to find. This would effectively result in censorship.

Moreover, analysts are saying that the bill could allow the CRTC to automatically subscribe Canadians to a certain list of Canadian YouTube channels, such as the CBC, without even asking their permission. It already mandates that cable providers do this in the subscriptions they offer to Canadians, so for the CRTC officials, I am sure doing so online would only be the next logical step in their mind.

Essentially, the government has decided that Canadians are not responsible enough to choose for themselves what they want to see on social media, so it is turning on the parental controls. This notion that Canadians need to be made to watch certain content that has been deemed as socially and culturally appropriate by the government and discouraged from watching other content is the result of an out-of-touch, paternalistic approach to governing what seems to stem from Liberal elitism.

As it stands now, Bill C-11 would determine what content is Canadian enough based on a famously flawed and outdated points system, which was developed in the 1980s, decades before the advent of social media. This black and white points system designed for legacy media, has resulted in a series of truly embarrassing rulings from the CRTC in recent years. For example, an Amazon Prime series focused entirely on the Toronto Maple Leafs was ruled to be not Canadian enough under this points system. The film adaptation of the famed Canadian novel The Handmaid's Tale was also deemed to be not Canadian enough, and Deadpool, the award-winning Marvel movie based on a Canadian character, filmed in Vancouver and co-written by a Canadian, was also deemed to be not Canadian enough under this system.

Maybe we should take some comfort in the fact that the minister responsible has promised to review and update these criteria for determining what is Canadian enough, but, then again, maybe not. Strangely enough, the minister boasted about a meeting with the German minister of culture to consult with her about how to update these criteria for determining what should be considered Canadian content. He decided it would be a good idea to get on a plane, fly across the Atlantic on the taxpayer dime, and talk with Europeans about the best way to approach Canadian legislation on what is Canadian content. Maybe the minister could have consulted with Canadians instead. They are the people he has actually been elected to serve. This is just an idea.

Of course, the minister has said that he will not reveal how he is planning to change the rules until after the bill passes through Parliament. By doing this, he is leaving both Canadians and parliamentarians completely in the dark about what his legislation is going to look like in practice. It begs this question: What content will the Liberal government deem to be Canadian enough on people's social media? Will it have to be made by Canadian citizens? In that event, what about permanent residents or people here on study or work permits? Will it have to be produced in Canada? What would that mean for Canadians living abroad who make social media content? Will it have to be only in an official Canadian language? What would that mean, then, for cultural groups in Canada who speak another language?

Perhaps, and I suspect this is the actual plan, the Liberal government will require that content producers subscribe to a certain set of values to be truly considered Canadian content. The Liberals already demand faith-based groups to adhere to the Liberal Party's stance on certain issues to meet the eligibility criteria for the Canada summer jobs program. Therefore, it would be fair to assume that they will likely do the same in determining what content would be considered Canadian on the Internet or on social media.

The most alarming power given in this legislation is slipped into an unassuming clause buried in the text of the legislation that quietly allows the CRTC to create regulations “respecting such other matters as it deems necessary for the furtherance of its objects”. These 14 little words give the CRTC a blank cheque to act however it likes and arbitrarily create regulations whenever it feels it is necessary. CRTC bureaucrats are not elected officials, and they do not answer to Canadians. They should not be able to unilaterally create new regulations. It would be undoubtedly undemocratic to give them such broad, sweeping powers.

Under Bill C-11, the minister responsible assured Canadians that amateur content such as cooking videos or cat videos that people upload online would not be regulated under this proposed regulation, but officials at YouTube Canada were quick to respond to this comment by asserting that they had studied the legislation and the bill certainly would give the government the power to regulate amateur content.

I certainly know who I would believe with respect to that. That means that any content posted on any social media service could be subject to these arbitrary standards. One thing is clear. The Liberals are determined to censor our social media content, and that, by itself, is wrong.

On top of that, with the legislation being this broad, it is impossible to discern why something could be censored or the motivations behind it even. The Liberals are essentially saying to Canadians that they are going to censor what social media content we can access. They will not even tell us how they are going to censor it, but that it is okay and to just trust them on this one. I do not think so. I do not think most Canadians think so. We have seen far too many examples of the government trampling on charter rights to trust it.

We have seen how, under the Prime Minister, the government tested facial recognition technology on millions of travellers at Toronto Pearson International Airport without their knowledge or their consent. What happened to freedom?

We have seen how the government has been collecting cellphone data since the beginning of the pandemic without the consent of Canadians. What happened to freedom?

We have seen how, during a largely peaceful protest in downtown Ottawa, the government invoked the Emergencies Act to use unjustified and extraordinary powers against its own citizens. What happened to freedom?

We have seen how the government has discriminated against people based on their personal medical choices to bar them from air travel, despite a complete lack of scientific evidence. What happened to freedom?

In a recently revealed submission to the Department of Canadian Heritage, Twitter protested the recent proposals that would allow the government to block website access on the Canadian Internet saying that the measure would be similar to the kind of censorship found in places like China, North Korea and Iran. The submission goes on to say that the proposed measure “sacrifices freedom of expression to the creation of a government run system of surveillance of anyone who uses Twitter”. What happened to freedom?

The government is obviously not interested in respecting the rights or freedoms of people. The alternative to Bill C-11 is freedom. The only solution is to keep the government out of the equation.

Canada has long been home to many renowned actors, film makers, artists, performers and social media icons. It is belittling of the government to think that the only way Canadian art and culture can survive is through punitive legislation that forces people to watch it. The quality of Canadian content speaks for itself. The last thing it needs is to be propped up by a Liberal censorship regime.

Without government intervention, social media can continue to be a free market of ideas, content and information. Under this system, individual Canadians are left to decide for themselves what they want to see on social media. They will watch what they want to watch and ignore what they do not. Only under this self-regulating system can freedom truly exist.

Therefore, I move, seconded by the member for Mission—Matsqui—Fraser Canyon:

That the motion be amended by deleting all the words after the word “That” and substituting the following:

“Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, be not now read a third time but that it be read a third time this day six months hence.”

Online Streaming ActGovernment Orders

June 17th, 2022 / 1 p.m.
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Conservative

Dan Muys Conservative Flamborough—Glanbrook, ON

Mr. Speaker, if I may, as my hon. friend opposite did, before I begin my remarks on Bill C-11, I would like to take this opportunity to recognize my father, as Father's Day is coming up this weekend. I thank him for all his love, guidance and support over the years. He is currently undergoing chemotherapy and is not feeling 100% himself. However, my three brothers, my mother, all of our extended family and I know he will be back to 110% soon. I just want to say we love him.

I am happy to rise today to speak about Bill C-11. Although I believe the Broadcasting Act needs to be renewed, I am deeply concerned with Bill C-11 because, in many ways, it is simply a revival of the flawed and failed Bill C-10 from the previous Parliament.

The government claims that Bill C-11 is being introduced to protect Canadian content creators. However, the bill fails, as many such entrepreneurs are opposed to this legislation. The bill fails, for example, Chad, who lives in Upper Stoney Creek in—

Online Streaming ActGovernment Orders

June 17th, 2022 / 12:45 p.m.
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Liberal

Tim Louis Liberal Kitchener—Conestoga, ON

Mr. Speaker, as I said, in plain language, that means that any users, even digital-first creators with millions of subscribers, are not broadcasters. They will not face any obligations under the act. Any suggestions otherwise are simply untrue.

With this approach, the experience for users creating, posting and interacting with other user-generated content will not be impacted whatsoever, while still standardizing the treatment of commercial content such as TV shows and songs across the platform. We studied this and it is very clear. It is a little hard to explain in legalese, but the bottom line is that music content creations are exempt.

The other misinformation that has been floating around is on freedom of expression issues. Just to be clear, clause 12 of the online streaming act explicitly states that any regulation the CRTC imposes on platforms through the Broadcasting Act cannot infringe on Canadians' freedom of expression on social media. It states:

For greater certainty, the Commission shall make orders under subsection 9.‍1(1) and regulations under subsection 10(1) in a manner that is consistent with the freedom of expression enjoyed by users of social media services that are provided by online undertakings.

Freedom of expression is protected under the charter and would be protected in the online streaming act. Artists are at the forefront of protecting freedom of speech. It is our arts that allow us to push these conversations. Every single arts stakeholder I have met supports this bill and free speech. I am putting that misinformation aside.

I am a recording artist. The arts sector is how I was proudly able to make a living for my entire life before having the privilege of serving my community and my country as the member of Parliament for Kitchener—Conestoga. As an artist, I felt support from fellow Canadians. I felt support from Canada. We are proud of our artists, and they deserve our respect and support.

During the pandemic, we turned to our artists to make sense of the experiences we were going through. It was the stories, the books, the shows and the music that got us through the pandemic. I have said on more than one occasion that science is getting us out of the pandemic, but arts is getting us through it. We need to support our arts sector. It is one of the hardest-hit sectors in all of the economy and is taking the longest to recover as we move out of the pandemic. That is another reason this bill is so important. We need to show our artists that we support them.

I sit on the heritage committee and was at every meeting on Bill C-11 and at every meeting on Bill C-10 in the previous Parliament. I have studied this. I met with countless stakeholders, individuals and organizations, and they are expressing the fact that the Broadcasting Act needs to be updated. Our arts and culture industry is telling us how vital and urgent this legislation will be for it, and we are listening.

I try not to get political in the House, but I find that politics has been creeping back in. The Conservatives have used every tactic in their tool box to delay and block Bill C-11. They did not allow the committee to get to clause-by-clause with their filibustering. They went as far as to filibuster their own study motion at one point. They said they had questions for the CRTC and then filibustered a whole meeting while the head of the CRTC and officials sat there and could not appear to answer the very questions we wanted to ask. The Conservatives said they wanted to hear from the Minister of Canadian Heritage and then filibustered a whole meeting while the minister sat there. He could not appear to answer the questions we needed to ask. It has been deeply disappointing, because those stalling tactics are wasteful and prevent us from helping our artists.

I will not stop advocating in support of our artists. I appreciate the co-operation of every party except the Conservatives. We have worked together to move things forward. We have co-operated, we have contributed to amendments and we have had conversations. I truly do not understand why the Conservatives are supporting the foreign tech giants over our own Canadian artists.

I would like to quote Marla Boltman from an organization called Friends, who summed it up very nicely. She said:

Requiring contributions from foreign tech giants that extract billions of dollars from our country will help sustain our industry while driving investment and innovation in the creation of Canadian content that continues to reflect our diversity of voices and who we are as Canadians. Foreign contributions will level the playing field between Canadian broadcasters and foreign platforms.... If you benefit from the system, you must contribute to it.

I could not agree more.

Bill C-11 is about fairness. It is about supporting our cultural sector. It is about having the power to shape our culture and make sure that everyone can see themselves in our culture. It is about being proud of who we are and being proud of Canadians. That is why I think it is important to keep moving on this important legislation, and why I will be supporting it.

I just want to say that, as a musician myself, some of my earliest memories of playing were in our small apartment on the piano. My dad would pick up his bass. He used to play bass in the day. That is part of the way I learned how to play music, just playing some rock and roll songs. I actually thought my dad wrote all those Beatles' tunes we used to play. I did not find that out until later.

As it is Father's Day, I want to say a personal happy Father's Day to my dad and to all the fathers and father figures out there who have supported the next generation of artists.

Motions in AmendmentOnline Streaming ActGovernment Orders

June 17th, 2022 / 10:45 a.m.
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Bloc

Andréanne Larouche Bloc Shefford, QC

Madam Speaker, I thank my colleague for the question and for her love of French. She is improving. That is great. I love having discussions with her.

I think I demonstrated that there has been a great deal of misinformation about this bill.

I remember the sarcastic intervention by my colleague from Longueuil—Saint‑Hubert when he said that after listening to the Conservatives, he had to agree with their arguments.

The Conservatives claim that we now have a system that imposes things on us, controls information and might well drift into allowing excessive control over what is broadcast.

I showed that compared to the former Bill C‑10, clause 4.1 of this bill adds protection against that. I would remind members that the bill includes a provision requiring a five‑year review of the legislation. We could therefore monitor the progress of the situation.

In this specific case, I believe that this worry is unfounded. We have shown that there is a protection mechanism in the bill. This does not infringe on freedom of expression; Canada has not become a dictatorship that tells people what they can say, do, think or broadcast. That is really pathetic.

Motions in AmendmentOnline Streaming ActGovernment Orders

June 17th, 2022 / 10:30 a.m.
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Bloc

Andréanne Larouche Bloc Shefford, QC

Madam Speaker, I rise today to speak to Bill C‑11 at report stage. Let me start by saying that this bill matters a lot to the Bloc Québécois and has since the last Parliament.

I spoke in favour of this bill in a speech last month. However, I would be remiss if I did not acknowledge the hard work of my colleague from Drummond, who has devoted himself, body and soul, to this bill ever since its previous incarnation as Bill C‑10. He deserves every bit of the applause I am hearing right now.

I will begin my speech today with a reminder about how important Bill C‑11 is to the discoverability of francophone culture. I will move on to a reminder about the importance of local media, and I will wrap up with an expression of hope regarding the importance of fighting misinformation, which has had such an impact on this parliamentary session.

As I was drafting my speech, I came across the Coalition for the Diversity of Cultural Expressions. The CDCE states that Bill C‑11, which updates the Broadcasting Act, is one of Canada's important and long-awaited cultural policies. On its website, the CDCE has what I think is a very good summary of the importance of Bill C‑11.

It ensures that Canadian creations and productions have a prominent place on our airwaves and on our screens, and that the companies generating revenues from access to culture in the music and audiovisual sectors contribute to their creation, development and distribution.

Canadians are increasingly accessing culture through online platforms. Much of the broadcasting ecosystem is transitioning to digital content. This has a number of benefits for the public and for creators: increased access to a variety of stories, music and ideas, increased opportunities for creators to launch their work, and renewed ability to reach audiences in Canada and around the world...

Many large corporations take advantage of this digital age without any obligation to contribute. Artists, creators, producers, publishers and other professionals of the music and audiovisual industries, as well as for Canadian society, do not reap the potential benefits of investment in the Canadian cultural ecosystem. C-11 was introduced to correct this unfairness.

Unfairness is indeed a problem.

The purpose of the new bill essentially remains the same as the previous one, namely to apply the Broadcasting Act to the web giants by forcing them to contribute financially to the creation and discovery of Canadian cultural content.

The Canadian Radio-television and Telecommunications Commission, or CRTC, will receive new powers that will allow it to determine which online services will have to be regulated and what quotas will need to be respected. Bill C‑11 will help better regulate video streamers such as Netflix, Apple and TV Plus, Disney+, Prime Video, but also companies that specialize in streaming music online such as Spotify, YouTube and Apple Music. The bill will require them to contribute to Canadian content when commercial items such as albums are downloaded and distributed on platforms.

However, the exclusion clause, namely clause 4.1, addressed earlier, has been revised. Now creators, users and social media influencers are exempt from the legislation. The money a creator earns from their content is immaterial in the eyes of the new legislation. So‑called amateur content on social media would be exempt. The legislation focuses specifically on commercial products.

The level of monetization of the use of content in full or in part by a broadcasting undertaking regulated by the CRTC will, among other things, be taken into consideration. The CRTC will also have the option to impose conditions associated with discoverability and the development of Canadian content.

The bill will not touch the algorithms that can influence the recommendations made to users, and that is very important. The Department of Canadian Heritage says it wants to focus on discoverability outcomes and not intervene directly with respect to web giants' algorithms. There are still questions to be asked, for example, on whether the two are not already intertwined and whether greater discoverability of Canadian and francophone content is necessarily dependent on algorithms.

In our case, it is the outcome that counts. Quebec, francophone and Canadian content must be much more accessible on platforms. Ottawa is trying to give the CRTC the power to hold discussions with each of the digital companies to determine how much they should contribute to Canadian content based on their business model. The CRTC will be able to impose administrative and monetary penalties on those digital broadcasters that refuse to comply with the Broadcasting Act.

Finally, the Minister of Canadian Heritage is proposing other legislative changes in his bill that will apply to all broadcasters, traditional or otherwise. The law should also strengthen programs produced by Canadians that cover news and current events—from the local and regional to the national and international—and that reflect the viewpoints of Canadians, including the viewpoints of indigenous persons and of Canadians from racialized communities and diverse ethnocultural backgrounds.

After everything we just talked about with regard to this legislation, I also want to mention the gains that the Bloc Québécois was able to secure with Bill C-11.

The Bloc Québécois did a lot to improve the previous version of the bill, namely Bill C-10, by ensuring the protection and promotion of original French-language programs; the discoverability of Canadian programming services and original Canadian content, including French-language original content, in an equitable proportion; the promotion of original Canadian content in both official languages and in indigenous languages; a mandatory contribution to Canada's broadcasting system if a company is unable to make use of Canadian resources as part of its programming; the requirement for first-run French-language content, in order to ensure there are new French-language shows on Netflix, for example, and not old ones; and a sunset clause that would provide for a comprehensive review of the act every five years.

This is very important, because we will thoroughly review C‑11 and meet with the various industry stakeholders and experts to get a sense of what is happening in the industry. We will have to keep evolving this law. We will not hesitate to try to improve it, if necessary, and we will surely propose again many of the hundreds of amendments that were rejected in the spring. Some of our proposals would have made improvements for local, community and independent players, for example.

We have to keep in mind we want a piece of legislation that will not be obsolete as soon as it is passed. Technology is developing very quickly, and we need a long-term vision to ensure that the act does not become outdated after just a few years. Flexible legislation is important, especially since Quebec's and Canada's cultural sectors have been waiting for decades for this act to be updated.

The cultural sector made a simple demand just a few days after Bill C‑11 was introduced. We need to ensure that this bill is passed quickly. The sector has waited long enough.

In May 2021, on Tout le monde en parle, even the former minister of Canadian Heritage said that every month that goes by without us enacting Bill C-10, now Bill C-11, represents more than $70 million that does not go to our artists in Quebec and Canada.

Second, do not forget that, like Bill C-18, which specifically focuses on assistance to print media and is based on the Australian model, Bill C-11 also fits into the context of this media crisis.

Since their inception, Facebook, Twitter and Google have been appropriating news articles and reports without giving any compensation to the authors or the media outlets concerned. For too many years, the digital giants have therefore been instrumental in dismantling our traditional media. This phenomenon began with national advertisers deserting traditional media for Facebook and Google, later followed by local advertisers, who also stopped buying advertising in local weeklies in favour of the giants.

Advertising on digital platforms is now the property of Google and Facebook, which alone are pocketing 80% of online ad revenue. Moreover, digital giants pay nothing for journalistic content that ends up on their platform, and they disregard the copyright of journalists whose work others share on social media.

Third, I really want to talk about misinformation, especially since there has been so much of it in connection with Bill C‑11: cat videos that will not be allowed to circulate, freedom of expression denied and information controlled, like in Russia. I have heard so many shocking things during the debates on this issue.

Just this week, the Chief Justice of the Supreme Court of Canada expressed concerns about the impact of misinformation on the health of our democratic institutions. He pointed to the demonstration in downtown Ottawa that paralyzed the city for three weeks, but he emphasized the importance of our shared responsibility to fight ignorance and hatred, which lead to misinformation. He expressed one wish for people in positions of authority, such as ourselves, namely that we pay more attention to the statements we make and their veracity.

I also replaced a colleague at the Standing Committee on Public Safety and National Security during its deliberations on radicalization and online hate. We cannot continue to ignore our role as elected representatives in the deterioration of public discourse on topics like Bill C-11 and in the divisiveness that exists. I hope to see this place debating a bill to address online hate sooner rather than later.

As a final point, I do not know whether this will be my last speech of the session, so I want to remind everyone listening of my unwavering commitment to the people of Shefford. I always keep in mind that I am accountable to my constituents, first and foremost, and, in this case, I am thinking of our local media in particular. I want nothing but the very best for the people of my region who have a right to access francophone cultural products, and for our artists, who have such an important and vibrant presence in our communities. They have been hit particularly hard by the pandemic, so they need some good news. Let us do something for them and pass Bill C-11.

June 14th, 2022 / 5:45 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Madam Chair, I don't quite agree with my colleague Mr. Julian.

When we considered Bill C‑10 last year, we had similar amendments that were outside the scope of the Broadcasting Act. I would have liked to hear Mr. Méla's opinion on this. Last year, we dealt with programs that depicted torture. In short, an issue had come up regarding the lack of respect for human rights.

In this case, we're obviously talking about controlling content, which I find rich coming from our Conservative colleague. While I understand the spirit and intent of the proposal, which comes from a good place, I don't feel we can begin to determine what constitutes sexually explicit content. Access to that type of content is also a parental responsibility. The committee would be going far beyond its mandate if it began to regulate content of that type.

With respect to content produced and distributed on pornographic platforms, including those owned by MindGeek and referred to by Mr. Viersen, Canada already has laws in place to prevent the exploitation of children, women and more vulnerable individuals. Another category of laws deal with that. It is not our place to interfere with that. I believe everyone agrees on that.

In short, the intentions are good, but this has no place in the bill we're considering at all. That's why I'll be voting against these amendments.

June 14th, 2022 / 5:40 p.m.
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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

I just want to thank Mr. Julian for his support for CPC-7. I would note this is not directed at user-generated content. This deals specifically with the broadcasters.

I spoke to this bill already—way back when it was Bill C-10—and repeatedly mentioned the fact that these are the things we're looking for in a bill like this, not “picking winners and losers”, which some other aspects of this bill do.

Thank you.

June 14th, 2022 / 5:10 p.m.
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Liberal

Anthony Housefather Liberal Mount Royal, QC

Thank you, Madam Chair.

Hopefully, this will be a simple non-controversial one. Again, the original language that we used in Bill C-10 was “original French language programs”.

For some reason, the terminology was changed in Bill C‑11. It's very important to ensure that we are talking about truly original French-language programs, not programs dubbed in French or translated into French. All the various francophone groups that have appeared before us requested it.

I have therefore prepared this amendment, as well as several others to come, to change the terminology so that it's correct in English and in French.

The amendment would say “original French language programs” in English, as opposed to the production and broadcasting of “original programs in French”.

In the French version, it would be “émissions de langue originale française”.

I feel it's pretty straightforward, but if you have any questions, I can answer them.

June 14th, 2022 / 4:20 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Madam Chair, the way Bill C‑11 proposes to amend the text of the act represents a significant change from what was decided with Bill C‑10. We're talking about non-Canadians not being eligible for a broadcasting license, a requirement that would be maintained in the instructions given to the CRTC. However, another government could decide to remove this requirement through an order in council. As a result, what the lawmaker intended would be weakened in the act.

In my opinion, we don't want Canadian online businesses to be easily acquired and controlled by foreign interests. That is the thrust of the motion I'm putting forward. Instead, we encourage the CRTC to play a role in promoting the Canadian nature of the system. This does not in any way restrict foreign ownership and foreign activity in the Canadian broadcasting system, but we do further encourage the CRTC to put in place measures that provide incentives to consolidate Canadian ownership of businesses and Canadian control of the system.

I hope that answers Mr. Nater's question. If not, I'm sure Mr. Méla and Mr. Ripley can provide greater depth on the issue.

June 14th, 2022 / 4:20 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

I think the amendment speaks for itself. We wanted to get a bit closer to the definition we had adopted for Bill C‑10. We want to be sure to recognize the presence in our system of foreign broadcasting undertakings that provide programming to Canadians.

The amendment proposes that Bill C‑11, in clause 3, be amended by replacing lines 7 to 10 on page 4 with the following:

(a) the Canadian broadcasting system shall be effectively owned and controlled by Canadians, and it is recognized that it includes foreign broadcasting undertakings that provide programming to Canadians;

June 14th, 2022 / 12:45 p.m.
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Liberal

Anthony Housefather Liberal Mount Royal, QC

Thank you so much, Madam Chair.

This is just a bit of a cleanup exercise. In Bill C-10 we consistently used the phrase “official language minority communities”.

In French, Bill C‑10 used the expression “communautés de langue officielle en situation minoritaire”.

Unfortunately, Bill C‑11 has different terminology, and it uses various formulations. I would like us to revisit the terminology in Bill C‑10.

It was a demand of the French-speaking communities from outside Quebec and the English-speaking community in Quebec to use the terminology they would normally use to refer to themselves, which is “official language minority community”. That is one cleanup. I've done it throughout the bill, and I wanted to define it.

The second thing I will just raise, because you'll see it also, is “original French-language programs”. Also, in the bill, there is no clarity, so I've brought in amendments to clarify that it means programs that are originally in French, not original programs dubbed into French.

Those are the two things I wanted to raise, and this is just one clarifying thing, what an “official language minority community” is, and to use it consistently in the bill.

Thanks.

Government Business No. 16—Proceedings on Bill C‑11Government Orders

June 13th, 2022 / 7:35 p.m.
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Conservative

Dave Epp Conservative Chatham-Kent—Leamington, ON

Madam Speaker, I actually articulated the specific areas that needed addressing. Those same areas were articulated and brought forward with Bill C-10, and again there were closure motions rather than serious dialogue around those changes. That is what we experienced.

I do not sit on that committee. I cannot speak specifics to that, but I certainly can speak to which motions need to be clarified in the overall content. That has been known by this chamber and has been known by the people who have been reaching out to me on my social media since Bill C-10 was introduced.

Government Business No. 16—Proceedings on Bill C‑11Government Orders

June 13th, 2022 / 7:35 p.m.
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Liberal

Ruby Sahota Liberal Brampton North, ON

Madam Speaker, I would like to ask the member this. He has referred to Bill C-10, so we know that similar legislation came to this House of Commons before. As well, in Bill C-11, there have been improvements made, so there has been ample opportunity for the Conservative members to read the bill and understand the bill.

I am wondering if we can get to the amendment stage, the clause-by-clause stage of the bill, and whether the member has some actual amendments to propose.

Government Business No. 16—Proceedings on Bill C‑11Government Orders

June 13th, 2022 / 7:35 p.m.
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Conservative

Dave Epp Conservative Chatham-Kent—Leamington, ON

Madam Speaker, this legislation has not been updated for 31 years. There was an attempted update in the last Parliament, and the very same flaws that we saw in Bill C-10 are being brought again to this chamber and again to this committee. Why were adjustments not made?

We have seen time allocation moved at every stage of this bill, rather than the genuine debate that I think my colleague in the NDP is seeking. We want to hear from the witnesses and have that debate. Why is every stage being rammed through?

That would be my response.

Government Business No. 16—Proceedings on Bill C‑11Government Orders

June 13th, 2022 / 7:25 p.m.
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Conservative

Dave Epp Conservative Chatham-Kent—Leamington, ON

Mr. Speaker, it is always a pleasure to rise and bring the voice of Chatham–Kent—Leamington to this chamber. I want to thank my colleague for splitting his time with me.

I am pleased to speak to Motion No. 16. Actually, I am not pleased to speak to it, but I am honoured to have this opportunity on Motion No. 16, the programming motion on Bill C-11.

Canada is home to some of the best talent in the world. Our artists, our actors, our musicians and other creators in our arts, culture and heritage sector continue to develop incredible Canadian content on a daily basis. The development of the sector is alive and well, with young talent consistently emerging across the country. These exceptional artists and creators deserve nothing less than an even playing field and to be supported with all the tools they need to thrive in their industry. They deserve fair compensation and a competitive economic environment that enables them to continue sharing their stories through their medium of choice, whether it be television, film, music, prose, theatre, the concert hall or perhaps the fastest-growing medium, the online content on the Internet.

I can personally relate to this field, as my oldest daughter is making her way through life as an artist, teaching music, singing opera and producing opera, albeit live at this moment, and living a gig-economy lifestyle.

The last time any major changes were made to the Broadcasting Act was in 1991, over 30 years ago. Given the rapid pace at which technology has been advancing in the past decades, it is undeniable that we have seen major technological changes in that time. Unfortunately, the legislation and regulatory framework have not changed with it. The government and, consequently, the CRTC need to adjust the way Canadian arts, culture and media are treated to match these changes. What we see, however, is the government failing in its attempts to bring the Broadcasting Act into the 21st century by adapting existing policy to reflect the digital reality of our times and failing to help future-proof it for future technologies and challenges yet to come.

Let me be clear: Conservatives support a requirement for major streaming services such as Netflix, Amazon Prime and Disney to reinvest back into the production of Canadian content in both official languages. These requirements would also incentivize these platforms to partner with independent Canadian media producers. What is crucial, however, is that Canadians who upload content to social media platforms continue to enjoy the freedom of speech and the ability to express themselves freely within the confines of the law.

Sadly, Bill C-11, much like its failed predecessor in the previous Parliament, Bill C-10, would give the CRTC unprecedented powers to monitor online audiovisual content. These powers would include the ability to penalize digital content creators and platforms that do not comply with these regulations. These powers would be used and applied to Canadian content at the discretion of the CRTC, based on three criteria: whether it directly or indirectly generates revenue, whether it has in whole or in part been broadcast on a more traditional broadcasting platform, and whether it has been assigned a unique identifier under any international standard system.

As most digital content generates some kind of revenue, and given that most social media platforms have a system by which to provide a unique ID to their content, the CRTC could regulate almost all online content under this bill, including independent Canadian content creators who earn their living on social media platforms like YouTube and Spotify. This represents a major concern about the freedom of speech and the implications of possible government overreach in this bill, just like Bill C-10, in how it could affect Canadians.

Canada is known as being a world leader in many fields. Contributions by Canadians have revolutionized medicine, communications, agriculture, domestic life, entertainment and much more. Experts have testified that this bill would represent an unprecedented move and that Canada would once again become a world leader, but this time in its heavy-handed practice of regulating user-generated content. Not a single other country in the world has taken this approach. This is not an area Canadians should be proud to pioneer.

Instead, what we are seeing is a large number of Canadians, both content creators and consumers, expressing serious and valid concerns with the approach their government is taking to their livelihoods and entertainment, respectively. This attempt by the Liberal government to regulate the Internet and restrict the free speech of Canadians was unacceptable under Bill C-10, and it is equally unacceptable now.

I want to talk about what this bill would not do. This bill would not reduce the regulatory burden faced by Canadian broadcasters, nor would it reduce the cost to Canadian broadcasters. The part II licensing fees in 2019-20 alone amounted to over $116 million. I would rather see that money go into creating new Canadian programming and content than into CRTC coffers.

In the previous version of the bill, Bill C-10, there was an exclusion for user-generated content, which was then excluded at committee. Now, in Bill C-11, the government has reintroduced an exclusion on user-generated content on social media; however, this is written in the most convoluted and bureaucratic of languages. The exclusion to the exclusion is so broad that the government, through the CRTC, could again regulate a large amount of content uploaded to social media.

What concerns me and my colleagues, and we have certainly been hearing about it from our constituents, is the impact this is going to have on our Canadian digital content creators. It is estimated that there are 28,000 full-time jobs in Canada created by content creators who have enough of an audience to monetize their channels through places like YouTube. This type of digital-first Canadian content creation is something we should be supporting instead of hindering.

We have heard from creators across Canada who are concerned that government-approved Canadian content is going to be put ahead of independent Canadian content. More to this, Canadians also want to see Canadians telling Canadian stories, but what is not clear is how the CRTC is going to adjust the criteria to ensure that real Canadian stories are being told.

Our artists deserve an even playing field between large foreign streaming services and Canadian broadcasters, as technology evolves and carries on into the future and as we move further and further into the digital reality and online spaces. We need them to tell our stories, whether through music, movies, television or online content. Without that, part of our history will be lost.

I think we can all agree that the Broadcasting Act needs to be updated to reflect our current technology growth, but the last thing we want is Canada to fall further behind or to pass a law that would detrimentally affect our artists.

We need to support our Canadians artists in all the various forms and mediums they use to tell their stories. Our young talent continues to develop and contribute to our national culture. It is part of our role as elected officials to pave the way for the next generation's success. We should not be passing bills that disrupt the creation of new content. We need to help innovation happen. Innovation happens every day here in Canada through many venues, and we need to enable our creators to benefit from and export our talent around the globe.

Our artists, musicians and creators are deeply invested in the future of the industry and the future of this particular piece of legislation. These creators and artists deserve to be treated fairly and to have the tools they need for success, and they need to be heard at committee; dozens have yet to be heard.

We have been there for Canadian creators, artists and broadcasters by asking the tough questions, both here in this chamber and at committee. We carefully reviewed every aspect of the bill and expected the Liberal government to make the adjustments necessary by adopting amendments that were brought forward to protect Canadians' free speech and the livelihoods of independent content creators.

Proposed section 4.2 and any provision that enables the inclusion of user-generated content need to be removed. There needs to be a clear definition of “discovery”, and there needs to be an update to clearly articulate what Canadian content is. What is the definition of it? Very importantly, the policy directive to the CRTC on how this whole legislation will be implemented needs to be made public.

We have been clear in our position on the bill. We will not be supporting the bill until we are confident that Canadians do not need to be concerned about their rights and freedoms on the Internet. Our concerns have not yet been addressed, and I will not be supporting this motion to ram through Bill C-11 at committee, as the Liberals have done at every stage of the bill.

Government Business No. 16—Proceedings on Bill C‑11Government Orders

June 13th, 2022 / 7:25 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, this is a tough issue for me, as an individual MP, because I do not like a motion that says we are going to fast-track all amendments, close things down and push something through on this basis, as the government is proposing to do on Bill C-11.

I am honestly still trying to decide how I will vote on the Conservative motion. I would rather we stay in this place and do it right, even if it took sitting into July. I do not know about taking until September. That is what I am struggling with right now. I also know in the previous Parliament, with Bill C-10, and in this Parliament, and I do not want to make this personal in any way, shape or form, but the tactics of the Conservative Party cannot be described as anything other than obstruction for the sake of obstruction.

I would like him to try to tell me what he thinks would happen if the government did not push this through. Would we have a chance to improve this bill and then get it passed?

Government Business No. 16—Proceedings on Bill C‑11Government Orders

June 13th, 2022 / 7:10 p.m.
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Conservative

Eric Duncan Conservative Stormont—Dundas—South Glengarry, ON

Mr. Speaker, I am pleased to rise tonight once again to speak to the government's proposed Bill C-11. In the last Parliament, it was Bill C-10, and it certainly generated a lot of feedback and frustration from Canadians across the country. We have been witnessing that here again in the last couple of months with this bill in its current form.

I have been receiving a lot of emails and advocacy petitions from constituents, both online creators and those who consume the content. They are concerned about what this bill entails and, frankly, among several things I will get into, what it does not entail. I believe that kicking the can to the CRTC and other organizations is a slippery slope and not a good precedent, based on the precedents that have caused a lot of frustrations to build up over the years.

I want to note that I will be splitting my time with the member for Chatham-Kent—Leamington.

We are debating this motion tonight because of an attempt by the government and its NDP partners to try to jam this legislation through the House of Commons once again. I know there are still numerous witnesses who want to provide their perspectives and voices at the heritage committee and share the legitimate and reasonable concerns they have and the clarifications they wish to see that they are not getting from the government and its partner.

One of the problems we have that is typical of the Liberal-NDP strategy when it comes to legislation, which we are seeing in Bill C-5, the criminal justice reform legislation, is that if members do not support the Liberals and NDP on the bill, it means we do not care about racism. If members want an end to federal mandates and the chaos we are seeing at the borders and airports, it means the members hate vaccines and health care workers. Now, with the Internet censorship bill, Bill C-11, if we do not support their way and their ideas, we hate content creators and arts and culture in this country. It is an either-or, a divisive approach, but it is not surprising. It is one that we see more and more.

I will repeat what I said in the last Parliament because Bill C-11, as we have it, is very similar to what we saw in Bill C-10, and a lot of the concerns we had last time are not addressed or clarified in the bill in its current form.

Let me start with a positive in terms of agreement in Parliament. The Broadcasting Act was created in 1991. I do not remember it. I was about five years old at the time. Boyz II Men, Paula Abdul and Bryan Adams had some hits then, but since that original piece of legislation, a lot has changed in how Canadians create content and get it out there as well as in how they consume it.

We have the Internet, social media platforms, YouTube, Spotify, TikTok and so forth. There is an agreement that we need to have a level playing field with these large conglomerates of a foreign nature and how they do business in this country. At the same time, we also need to make sure that we protect the individual freedoms and rights of individual content creators, like those on YouTube who have been able to explode in not only the Canadian market but also the international market with the evolution of the Internet and social media platforms.

There are serious flaws, and I have a perfect example. My colleague from Perth—Wellington, the shadow minister for Canadian heritage, raised this as a perfect example today. We all want to make sure Canadian content is created and is fairly represented on Netflix, Hulu, Crave and all the different platforms. He alluded in the chamber today to this bill not creating the specific measures to clarify some of the red tape about what is Canadian content. A perfect example that was illustrated was The Handmaid's Tale. I do not agree with Margaret Atwood and a lot of her politics, but I will admire her and give her respect as an artist and an author and for what she has done over her incredible career. A proud Canadian she is.

The Handmaid's Tale, a blockbuster TV series, was filmed in part in the greater Toronto and Hamilton area. One would think Margaret Atwood and filming in the province of Ontario, the GTA, would classify as Canadian content. It does not. That speaks to the need to define this content better, to set better parameters and better definitions when it comes to this. Sadly, the bill would not do that. One would think it would when we talk about the modernization that we face.

I want to specify my concerns during my time. This comes perhaps from my background before being in the House, as a mayor at the municipal level, and perhaps it is a bit affected by my experience in the past few months on the public accounts committee, which reviews Auditor General reports on programs and efficiencies and how they run.

I want to reiterate my concern with regard to the vague definitions particularly around user-generated digital content, claiming there is an exemption, but section 4.2 is there. The government says not to worry about it. The CRTC says not to worry about it. I do not think Canadians have a lot of faith in that approach to what we have.

The CRTC is a public entity, but considers itself very independent. I have a lot of frustrations with the organization that I will not get into tonight when it comes to providing Internet service to rural and remote communities. That is a speech for another night.

Particularly, what is happening is that the government's legislation is extremely vague. Conservatives have been standing up in committee and in the House, not just in this Parliament but also in the last Parliament, and I have foreseen and I am foreshadowing what I know is to come. We see it over and over again. The government says, “That is not our intention. Do not worry.” The legislation would pass and then it would go to the CRTC, after which, at some point down the road after the bill is passed, after it has come into law and been enacted, suddenly we would see algorithms or we would see content. At that point, the CRTC would say, “We are independent. There is nothing you can do. This is the law that was passed and this is the way it is interpreting it.”

The minister has tried to claim that user-generated digital content and YouTube creators, TikTok creators and Canadians who have been able to burst onto the scene, not just in this country but internationally, are free from having their content regulated. They say that they have no interest in looking at that.

If that is the case, the government should be going for what we have been advocating for: it should specifically rule it out and make it black and white. It should make it very clear so that there is not a little door poked open for the CRTC, when it is batted over there to look after, all of a sudden to decide that, in the public interest, it is going to be doing this.

This is the time for Parliament, for Conservatives, for us to stand and be on the record to say that there are amendments. There are a lot of things that need to change, but there are specific amendments at least on that. I believe that just speaks to the rushed attempt that we are seeing from the government. It speaks to the secrecy of what it is trying to do. It is trying to pass the buck over to an independent organization, one that is overly powerful in my personal view, to interpret these laws, at which point the government can later say that it was its goal but secretly it was not the government's problem but somebody else's.

It is government creep at its worst. We have seen it before. We see it at the public accounts committee, in terms of leaving it to bureaucratic organizations to organize, and the success of that.

In my time remaining tonight, I want to acknowledge some of the comments made by a Canadian YouTube creator who spoke at the Canadian heritage committee a few weeks ago, J.J. McCullough. I go back to what we could agree on: Modernization is needed for the Broadcasting Act to make sure that large companies such as Netflix pay their fair share and also create Canadian content for us to have as Canadians. J.J. McCullough noted the following, which really hit home when I heard his testimony:

The tremendous success and even worldwide fame of many Canadian YouTubers in the absence of government regulation should invite questions about the necessity of Bill C-11. An unregulated YouTube has been a 17-year experiment, and the result has been an explosion of popular Canadian content produced by Canadians of every imaginable demographic....it is important to understand that it is simply impossible to regulate a platform like YouTube without also regulating creator content.

We have seen more Canadians become known. We have seen more Canadians make a living on these platforms. What the government is proposing is not that if one does not support this, one does not care about Canadian artists. We are standing up for individual content creators to say that platforms like these have given them the opportunity to make a living, to get known and to get Canadian brands, Canadian stories, Canadian music or other things we could name out there.

Our colleagues will stand up for those individual creators in making sure that we get the government to better define the very slippery slope it is on, not just with Bill C-10 in the last parliament. It is repeating the same mistake with Bill C-11.

Government Business No. 16—Proceedings on Bill C‑11Government Orders

June 13th, 2022 / 6:50 p.m.
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Bloc

Caroline Desbiens Bloc Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Mr. Speaker, I thank my colleague from Avalon, for whom I have tremendous respect. We are both members of the Standing Committee on Fisheries and Oceans. We all appreciate his work as chair, so I would like to take this opportunity to thank him. I also want to thank him for his speech. I was very happy to hear him talk about independent producers, who are literally the driving force behind the cultural economy in Canada and Quebec.

I would like my colleague to tell us about the work that committee members, specifically my colleague from Drummond, have done on the discoverability of French-language content. Can he comment on why it was important to protect French-language content in Bill C‑10 and, of course, in Bill C‑11?

Government Business No. 16—Proceedings on Bill C‑11Government Orders

June 13th, 2022 / 6:25 p.m.
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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, that is duly noted.

I would like to think that the Liberals would have learned their lesson after the debacle of Bill C-10 in the last Parliament, but only this government would be able to introduce a bill that is even worse than the original. The Liberals claim they are trying to level the playing field between traditional and online media. However, it is already incredibly difficult to start a radio station in this country, but it is very easy to start a podcast. Why would the government not make it easier for traditional media to operate instead of policing online content?

In all of this, the Liberal-NDP coalition has refused to listen to Canadian experts, content producers and other witnesses at the heritage committee to fix this incredibly flawed bill. Today's motion only limits the ability of parliamentarians to hear from witnesses, and to debate and study the proposed amendments. Essentially, the Liberals and the NDP are censoring MPs from speaking on their censorship bill.

One of the greatest concerns is proposed section 4.2 of the act, which outlines what is considered a program for the purposes of regulation. In answer to this question at committee, the Minister of Canadian Heritage was adamant that social media posts would not fall under the definition of a program, yet the chair of the CRTC, Ian Scott, said the exact opposite when he testified, “Proposed section 4.2 allows the CRTC to prescribe by regulation user-uploaded content subject to very explicit criteria.”

He, on another occasion, reassured Canadians they had nothing to worry about because the folks at the CRTC, “have lots of things to do. We don’t need to start looking at user-generated content.” How is it reassuring that they do not need to start looking at people's social media? In other words, they will eventually start looking at people's social media, but they are just too busy at the moment.

The Liberal government is telling Canadians to just trust it, except Canadians do not trust this government. They do not trust it when it comes to mandates. They do not trust it when it comes to protecting Canadians online. They certainly do not trust it when it comes to ethics. I think of the SNC-Lavalin and the WE Charity scandals. They do not trust the government at all.

Rather than policing Canadian social media, why would the government not tackle online sexual exploitation? I believe there are some areas where the Internet should have oversight. Porn companies should not have unlimited access to our children online, but they do, and there are no requirements to make sure that accessibility to their sites is for those over the age of 18. I also believe porn companies should not be able to post their content without verifying the age and consent of each person depicted therein.

Too many women and kids have been horrifically exploited online, and porn companies, such as Montreal-based MindGeek, have made billions of dollars from exploiting these women and children, but the Liberals' Bill C-11 does not tackle any of these important issues. The Liberals are more interested in policing our political, social and religious views online. Despite multiple calls for action by survivors, NGOs and parliamentarians, the Prime Minister and the Liberal government have done nothing to address companies like MindGeek, which have been publishing and profiting from online sexual exploitation for many years with impunity.

It has been over two years since nine parliamentarians wrote the Prime Minister to alert him to the fact that companies like MindGeek were profiting from child sexual abuse material, sex trafficking and rape in his home province. It has been a year and a half since 20 parliamentarians from four parties wrote the justice minister inquiring why Canada's laws have failed to hold online exploiters accountable, and it has been 18 months since the world has asked why Canada allows this company, MindGeek, to profit off of videos of exploitation and assault.

It has been over 70 weeks since the Canadian heritage minister promised legislation to fight online exploitation within three weeks. It has been 498 days since the survivor, Serena Fleites, shared her horrific story and called on parliamentarians to do something. It has been one year since the ethics committee tabled a report with 14 unanimously supported recommendations. There has been nothing, no action, from the government. Within three days, Mastercard and Visa were able to make findings and judgments that ended their relationships with MindGeek and Pornhub, yet the government has been unable to come up with anything to end this online harm.

To be clear, there have been multiple lawsuits from survivors in Canada and the United States against MindGeek, but zero government legislation to prevent companies from exploiting or profiting from the victimization of children, sex-trafficked victims or rape victims. There have been zero known investigations in Canada, zero charges laid in Canada, and zero justice for survivors. This government's priority is to police law-abiding Canadian citizens online and turn a blind eye to exploitation.

The government could have even used Bill C-11 to tackle online exploitation to protect minors, which is why I have provided some amendments to Bill C-11 that would do this. Specifically, I am proposing that Bill C-11 amend section 3 of the Broadcasting Act to set out policy objectives that the CRTC is mandated to implement to protect children from sexually explicit content and to prevent broadcasting of sexual violence. Specifically, I am proposing these policy objectives to seek to protect the health and well-being of children by preventing the broadcasting to children of programs that include sexually explicit content and to safeguard the human rights of women and marginalized people by preventing the broadcasting of programs that include pornographic material that is violent, sexist, racist or degrading or that is produced through sexual exploitation or coercion.

I have put forward these amendments at the committee, and I hope that the government will support them. These amendments are supported by child advocacy organizations and those fighting online exploitation.

In a brief submitted to the heritage committee, an organization called Defend Dignity highlights, “Children are spending more time online” than ever. It also notes, “Exposure to sexually explicit material is detrimental to children’s [health and] well-being” and “The UN Convention of the Rights of the Child...recently adopted General Comment 25”. It continues, “Sexually violent material perpetrates discrimination and abuse [with the] connection between sexually explicit material and sexual exploitation”.

Defending Dignity also wrote:

Protecting children from the harms of sexually explicit material and society from the dangerous impact of violent sexually explicit material must be a priority. As an organization working to end sexual exploitation in Canada, we call on all members of the committee to support [the member's] proposed amendment to section 3 of the Broadcasting Act.

There was also a joint submission to the Heritage committee from Timea's Cause and OneChild, two organizations with a combined 30 years' experience in combatting the sexual exploitation of children. They wrote:

Today, Canadian children's access to sexually explicit content and the broadcasting of sexual violence has gone far beyond the realm of television and radio. This content is broadcasted online through digital advertising to pornography. The Internet has unleashed a tsunami of content that is objectifying, violent, and misogynistic in nature, and those viewing this harmful content are getting younger and younger....

This content greatly informs our cultural norms, values and ideologies. In the case of children who are still navigating the world and are in the process of developing their sense of self and esteem and learning how they should treat others and how others should treat them—this kind of material is detrimental to their development. It warps their understanding of sex, consent, boundaries, healthy relationships, and gender roles. Moreover, viewing this kind of content online has frightening links to rape, 'sextortion', deviant and illegal types of pornography such as online child sexual abuse material, domestic violence, patronizing prostitution, and even involvement in sex trafficking.

That is why Timea's Cause and OneChild are urging the committee and this government to adopt these amendments to Bill C-11.

Conservatives will continue to defend the interests of Canadians. We will stand up to the exploitation, and those at risk of exploitation. We will stand up for those who are artists and creators, speaking out against this bill because it will harm their livelihoods. We will stand up for all Canadians.

Government Business No. 16—Proceedings on Bill C‑11Government Orders

June 13th, 2022 / 6:10 p.m.
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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Mr. Speaker, I will be splitting my time today with the member for Peace River—Westlock.

I am rising today to speak on behalf of my constituents of Kelowna—Lake Country to this motion to close debate on Bill C-11. It is a bill that the government continues to insist should not be of concern to Canadians, yet barely allows it to be debated. The previous iteration, Bill C-10, had massive backlash last year, and damning testimony and expert analysis of the Liberal bill, so we can see why the Liberals want to shut down scrutiny as quickly as possible this time around.

Bill C-11 is a piece of legislation that the government continues to insist is entirely different from last year's Bill C-10. After reviewing the legislation, I can confirm there is definitely an 11 and not a 10 in the title of the legislation. Unfortunately, the rest of the deeply flawed Bill C-10, which would limit what Canadians could see, share and view online, has been sadly left in place.

The government can say that it listened and that regulating user-generated content is off the table; however, legal experts and digital content producers can read, and what they are reading in this legislation is still deeply concerning.

The government is moving to shut down debate, shut down committee study and prevent dozens of witnesses from sharing their thoughts and concerns on this bill. Probably the most recent conflict comes between the heritage minister and comments from the current CRTC chair, Ian Scott. Mr. Scott confirmed that the Canadian Radio-television and Telecommunications Commission, CRTC, would be able to regulate user-generated content under the current iteration of Bill C-11.

The government has stated that this legislation intends to support Canadian artists, promote the spread of Canadian content over that of international competition and update the Broadcasting Act to cover the rise of digital streaming content. None of these goals is wrong. Our Canadian arts and culture sector is flourishing and deserves our support. More Canadians than ever are making films about Canada. More Canadians are making music than ever in Canada. More video games are being made here in Canada, not to mention e-books, podcasts and YouTube content.

Canadians are producing and watching great Canadian content. Sometimes they will see it through Disney+, and occasionally getting that content made will involve international investment. Under the current rules, this may make it un-Canadian. It is not what the government would prefer for Canadians to watch.

A constituent of mine recently wrote to me with his concerns on Bill C-11 and the threat of censorship that is always present when a government looks to prefer one source of information over another. He told me the story of tenants of his who had grown up in the Soviet Union. He wrote:

Some time ago, a couple from Russia rented our basement suite. We got to know them well and had many discussions over how Russia-controlled media impacted them.... We asked, in your opinion, what was the biggest lie ever told to the Russian citizens. Slava didn’t hesitate: “That Russia won the 72 Canada Russia hockey series!” We were astounded… how could they not know that Canada won? We had the videos. They said the government simply eliminated the last four minutes of the winning game and controlled the narrative.

They only saw what the government wanted them to see. Bill C-11 gives the Canadian government the powers to do this: it has broad powers that could be used to censor what Canadians can see and say online according to the government’s preferences.

If the government is genuinely interested in updating the Broadcasting Act, let us work together to do that. If the government wants to ensure that Netflix, Spotify and YouTube are not playing by different rules than Canadian producers are, Conservatives are happy to help them in that. Canadians want to see digital platforms pay their fair share, but do not trust Bill C-11 to do it with all the extra censorship power.

To quote very specifically from the bill itself, Bill C-11 seeks to bring platforms like YouTube under the following content regulations. It says the CRTC:

May, in furtherance of its objects, make regulations

(a) respecting the proportion of time that shall be devoted to the broadcasting of Canadian programs;

(b) prescribing what constitutes a Canadian program for the purposes of this Act...

The government says it is looking to bring the Broadcasting Act into the 21st century, but applying those regulations to user-driven content platforms is trying to bring digital content into the 20th century. As my colleague for Calgary Nose Hill put it, “It is like playing an MP4 on a VHS machine: It is just not going to work.”

Regulating digital platforms and social media is beyond the scope of the CRTC's mandate and abilities. Right now, Canadians are succeeding on digital platforms with the support of fellow Canadians. People of every background in this country are making their full-time living creating digital content while receiving billions of views. We know Canadians are succeeding in these spaces.

Social media platforms already have reach within Canada. Why would the Liberals fork over $600,000 in taxpayer dollars in 2021 to pay for social media Internet influencers to sing the Liberals' messages if online platforms were so ineffective? This does not include the money the Liberals spent on the various digital platforms themselves, only to pay influencers. This was only discovered through investigations by Conservatives.

Governments should not look to discourage Canadians from watching Canadian YouTubers just because they make content abroad. We should not look to saddle the success of homegrown content makers with checklists to prove the Canadianness of their videos. Over-regulation is the swiftest eliminator of innovation. It benefits the previously established who may be too out of touch to keep up with the pace of change. Canadian digital content creators are on the cutting edge of new media. They do not need Bill C-11 to succeed, and they have proven that. Canadians are already watching what they are making. They do not need the federal government to tell them to, or to have the CRTC analyzing every online post to see if it is something that meets whatever rules it comes up with and is worthy of its view.

This is truly unbelievable. The Liberals are also refusing to release the policy directive they are giving the CRTC. The only ones who are seeking the government's assistance really are the legacy media companies that once enjoyed monopolies on television and radio. They did not innovate to the new media landscape, and are now looking for backdoor bailouts in partnership with a government seeking greater control of the lives of everyday people.

Any government looking to impose new regulations on a service so vital to everyday life as our digital devices would need to first demonstrate that its actions are not self-interested and that it would not choose to discriminate based on the viewpoints of those it is seeking to regulate.

The current government has proven that it cannot be trusted to be fair and equitable. In the past two years, we have seen two public protest movements that blocked public infrastructure get two entirely different responses from the same Liberal government. Of course, I am talking about the 2020 rail-line blockades, which brought pretty much all passenger and commercial rail, including from ports, to a dead stop for almost three weeks across the entire country and laid off 1,000 people. That is compared to the 2022 trucker convoy border closures at a handful of border crossings for a few days of that critical infrastructure.

Even though there was damage to infrastructure during the rail blockades, the Liberals worked with law enforcement and met with protesters. When the Liberals disagreed with trucker protests over mandates, they turned to the Emergencies Act to give themselves new powers, which were proven not to be necessary as our border crossings had already been reopened under our existing laws. The Liberals froze Canadian bank accounts without verification, which is something just admitted by the Department of Finance. The Liberals were called out by the Privacy Commissioner for failing to notify or ensure the privacy of Canadians whose cell phones were tracked by the Public Health Agency of Canada.

Nothing can make the government's track record of secrecy, control and division clearer today than to repeat the same tactic of cutting short debate it used in the prior piece of legislation, Bill C-10, in the previous Parliament.

This motion to impose an arbitrary deadline to send the bill back to the House does not help the Liberals' case. The House is not a short-order kitchen. There is no need to push on law-making, especially on a piece of legislation such as Bill C-11, which has so many holes of uncertainty that its symbol should be a piece of Swiss cheese. However, as the Prime Minister has constantly proven, the work of Parliament is secondary if he can move up his vacation plans in Tofino. As currently written, and with the government having no interest in hearing from witnesses or entertaining amendments, I cannot support stopping debate on this poorly thought-out, full of holes, overreaching piece of legislation.

Government Business No. 16—Proceedings on Bill C‑11Government Orders

June 13th, 2022 / 5:35 p.m.
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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Mr. Speaker, that is a really good question and I am grateful to have received it.

Many experts are saying that the Internet is different and that the people who wrote this legislation clearly do not understand how the Internet works. I have a further quote from Michael Geist. He says:

...regulating user-generated content in this manner is entirely unworkable, a risk to net neutrality and a threat to freedom of expression. For example, the European Union...distinguishes between streaming services such as Netflix and video-sharing services such as TikTok or YouTube, with no equivalent regulations such as those found in Bill C-10 for user-generated content.

They are completely different platforms and that is not how the Internet works. This is what we are hearing from the experts.

Government Business No. 16—Proceedings on Bill C‑11Government Orders

June 13th, 2022 / 5:25 p.m.
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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, it should not come as a total surprise that the Liberal government would make strategic moves to limit my freedom of speech as a member of Parliament who wishes to speak to the topic of freedom of speech. It seems very ironic.

Today, we are talking about a programming motion that would cut off debate on the substance of a very important piece of legislation: Bill C-11. I am hearing from so many constituents who are deeply concerned that their freedom of expression on the Internet would be impaired by this legislation. People want the Internet to remain free. It is the new marketplace for the exchange of ideas, and people are starting to wake up to the thought that their government wants to regulate this forum, this new public square.

What is the big holdup? What is the big rush? Why, in this last week of Parliament, does the government feel that it has to push this legislation through? The big open question hovering over this legislation is whether Bill C-11 would regulate online audiovisual material uploaded to sites such as YouTube and TikTok, which is user-generated content. That is the big question that needs to be answered.

An earlier draft of this legislation, because this is the second time it is before the House, was Bill C-10 from the last Parliament. It was clearly offside, flawed legislation, although the minister at that time said he wanted to make it crystal clear that the “content that people upload on social media won’t be considered as programming under the Act”. That is as clear as the minister had wanted it to be, or thought it was, and this legislation, I am sure, would have proceeded through the normal debate and legislative process, would have passed both Houses of Parliament and today would be law. However, it was flawed, it was poorly thought out and it got bogged down in the Senate. The backlash from social media users, amateur content producers and social media sites was swift and very harsh.

As an aside, I feel compelled to note, as we are thinking about why there is a big rush, that a year ago this could have been put through the House, but the Prime Minister saw that his popularity numbers were up a bit in the middle of a pandemic and decided to call an election. Then everything fell off the table. This very important piece of legislation fell off the order table and was basically put right back to square one. However, there was one positive outcome from the election that nobody wanted and was a waste of $610 million, and it is this: Bill C-10 fell off the order table.

We were optimistic that with a new minister, new Parliament and an opportunity to start afresh, we would see a substantially revised and improved piece of legislation, but bad ideas rarely die in the Liberal Party. The bill came back pretty much the way it was before, and things are getting bogged down again. Now the Liberals are saying that it is all the fault of the official opposition; we are obstructing the bill. Well, if they come here with good legislation, we will help them pass it through the House. Now, instead, they have to rush it through.

This is the biggest revision to the Broadcasting Act in 30 years. Many voices need to be heard. Many people have expressed themselves publicly. They need to come to committee and we need to listen to what they have to say, but sadly that is not going to happen because of this programming motion.

I do want to give credit where credit is due, and there are some good pieces in this bill. The government says that it wants to level the playing field and we the Conservatives support that. As the member of Parliament for Langley, where there is a big and burgeoning movie industry, I have heard from a lot of stakeholders, and they are telling me that there are good pieces to this legislation.

I have a quote from somebody who wrote to my office just the other day. He is a producer in the movie industry. He said:

Please pass on to Tako my sincerest thanks for making the time and listening to my feedback related to building a strong film industry in Langley and Canada. It was a great meeting. I appreciate Tako's thoughtful commitment to the modernization of the Broadcasting Act, and to the benefits such work will have for Canada's film workers and production companies.

That is positive. They are positive comments. He goes on to say, “I am concerned about unintended consequences and protecting the freedom of expression within user generated content.” Even from somebody who is generally supportive of Bill C-11, these concerns are being expressed, and they need to be listened to.

I will concede this: The government's intentions were good, namely to promote Canadian content on the Internet, as we have grown accustomed to on legacy media platforms. It was good for them, so why is it not good for the Internet? That is a very important question to ask. However, I am reminded of Napoleon's famous quote: Never ascribe to malice that which is adequately explained by incompetence. I think that is what we have today. We have legislation that is written incompetently.

This is what Ms. Morghan Fortier, CEO of Skyship Entertainment, told the heritage committee on May 24: “Bill C-11 is not an ill-intentioned piece of legislation, but it is a bad piece of legislation. It's been written by those who don't understand the industry they're attempting to regulate”. She is one of Canada's leading experts in the field.

Matt Hatfield, the campaign manager of OpenMedia, at the same meeting of the heritage committee, said this: “We would never tolerate the government setting rules specifying which books must be placed at the front of our bookstores, but that's exactly what the discoverability provision...of Bill C-11 is currently doing.” He calls that unacceptable.

The minister says they are all wrong, they are misreading Bill C-11 and they are misunderstanding it. He says that is not what the intention is. Law professor Michael Geist, who has been quoted here a few times, is trying to reconcile the difference of opinion between what the minister thinks Bill C-11 means and what many other experts think it means or what the consequences of it are going to be. In response to the minister's comments, Professor Geist said this: “While this is true in the sense that users are not regulated like platforms due to an exception in the bill, the truth is the bill regulates indirectly what it cannot do directly.” Therein lies the problem.

The minister further tries to explain or attempts to clarify what this bill means. I was not at the meeting, but I did read about it. He said he is focusing now on commercial user content. That is what will be regulated. When he was pressed on what “commercial” means, as there is no definition, he said it is tied to whether the person uploading to social media is earning revenues.

When he was grilled on how much revenue that is, he was not answering. Either he does not know or he has not thought about it yet. Better yet, I think he is going to delegate that to the CRTC to decide, so he can let someone else decide and let someone else take the heat. That is unacceptable. The Liberals are in government. They need to write laws that are going to make sense, that are going to work and that are based on what experts are telling us.

Here is where we are. We have poorly thought-out legislation, objections from many stakeholders, a summer recess looming and the government wanting to rush things through so it can say it has accomplished something. We also have a programming motion that is going to cut off further debate. We have today for all amendments to be submitted by midnight and have one day for clause-by-clause scrutiny. Then June 14 is for voting on all amendments and we will have a final vote by the end of the week.

This is important legislation and there are voices that still need to be heard. We need to hear them. This needs to go back to committee for further study.

Government Business No. 16—Proceedings on Bill C‑11Government Orders

June 13th, 2022 / 5:10 p.m.
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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Madam Speaker, before I get under way here this afternoon, I just wish to tell everyone that I am going to split my time with the member for Langley—Aldergrove. We get the good 10 minutes at the later part of the speeches, so I will set him up for it.

I am very thankful to speak to the bill today, Bill C-11. It is the programming motion regarding the online streaming act: the successor to, or should I say the copy of, Bill C-10, which we debated here in the House of Commons. Let us step back. We really did not have any debates last June on Bill C-10. It was pushed through the House with no amendments to it.

I am really desperate on this one because I thought the government learned last June about Bill C-10 and the flaws that we moved forward now on Bill C-11. As most remember, the Liberals tried the same tactics here in the House with the deeply flawed Bill C-10. It was wrong and undemocratic then. Nothing has changed. It is still wrong and mostly undemocratic now. The Senate is not even going to deal with the bill. To say that we need to pass it in the House today is ridiculous because the Senate, at best, will not see the bill until October.

Bill C-10 drew much controversy in the previous Parliament, and I talked about that, due to the proposed infringements on free expression, and massive granting of powers to the CRTC. I have talked for over a year and a half on the CRTC, and I will have more to say on that body and the potential to open up the Internet to broader regulations in a moment, among other serious concerns that I have.

Bill C-11 is the same flawed Liberal bill that could have potentially disastrous consequences for Canadian content creators, and most importantly for consumers. Conservatives said then that Bill C-10 needed more study, and we continue to say that today with this bill, Bill C-11.

As a former broadcaster, members can believe that I completely understand how desperately the Broadcasting Act needs to be upgraded. It has been 31 years since we started. The act is indeed badly outdated. It does not address the realities of modern broadcasting and content creation, and Canadian broadcasters and creators today are struggling because of that.

We absolutely need to put foreign streaming services and Canadian broadcasters on a level playing field, whatever that looks like. However, the solution, I feel, is not simply to force new realities into this old and outdated structure, or to have the CRTC regulate to its heart's desire.

The CRTC is in charge of broadcasting. Seventeen months later, it still has not updated the licence of the Canadian Broadcasting Corporation. It has been 17 months, and we have heard nothing. That is the CRTC's responsibility today: local licensing. We have heard nothing from chairman Ian Scott on CBC, saying, “We are busy. We are going through it.”

Seventeen months later, the public broadcaster still does not have a licence, because the CRTC is looking at it. I do not have to tell everyone in the House, all 338 of us, that we desperately want a three-digit suicide line. As of the month of June the request is a year old. We still have not got it. Why? It is because of the CRTC.

Do we see where I am going on this? It is not capable today of doing anything. As for its chairman, Ian Scott, his five-year term is up and he is leaving in September. We are going to have a new chair. He or she will get a five-year term and they will have to be re-educated on what the CRTC actually delivers to the citizens of the country.

Regulating the Internet, the Pandora's box that is being opened up in this legislation, is also simply not in the best interests of Canadians. We need to make sure that we are protecting the fundamental rights and freedoms of Canadians. Ensuring those protections cannot start by regulating the Internet and restricting the free speech that we have in the country today.

These are issues that need further study at committee. There are dozens of important witnesses that still wish to be heard. As for one of those witnesses, it is kind of interesting to listen to everyone talking about indigenous voices, because we have not heard from the indigenous peoples television network, APTN. We have not heard from it.

The Aboriginal Peoples Television Network has not come to committee to speak about what Bill C-11 would do for that network, which was started years ago because the public broadcaster did little with indigenous programming. That is why APTN started: it heard voices. In fact, I was at an event on Saturday in Saskatoon, and the Filipino community is asking about Bill C-11. The Filipino community does a half-hour televised tape show in Saskatoon on cable, and they have asked about whether they can continue if this bill passes. I had no answers for them.

This is the diversity we are hearing in our country that Bill C-11 has not answered in committee. We have not had a chance to even slice through the first level of onion to get to this bill, and now the Liberal government, as it did last year with Bill C-10, is pushing it through the House, but this time there is no excuse for it. The Senate will not even look at this bill until maybe late in September or early in October. We have all summer to deal with Bill C-11.

I remember when the government came into power, and we all remember when it came into power in 2015. It promised sunny ways and made a commitment not to use closure and time allocation as the Conservatives did in the previous government. They have forgotten that in six and a half short years. All I have heard is “Harper this,” and “Harper that”. Now, I am going to suggest that it is the member for Papineau who is shutting everything down in the House of Commons.

Now, whenever there is the slickest push-back against the Liberals' agenda, they go straight to time allocation and, today, the programming motion. I participated in the study on Bill C-10 in the previous Parliament, when the government passed a similar programming motion. Several legal and industry experts came before the committee and raised concerns about the legislation. They were the same concerns from 2021 that have come in 2022. As legislators, have we looked at this bill and said we have done the best we can with it? That is our job. We 338 are elected to get the best bills coming out of the House. Have we done that? We have not done that at all, and the Liberals agree with that, yet they are moving forward today.

Tomorrow we will have a full day, going through from noon to nine o'clock, with amendments, then we will push the amendments through from nine until midnight without a word we can say or object to. We proposed further witnesses and debate in the last Parliament, and Canadians deserve better on this bill. The government, however, is clearly sick of hearing about the problems with the legislation. We have gone through two heritage ministers already, and probably will a third when we come back in the fall, and shut down Bill C-11. Thankfully, Bill C-10 did not complete the legislative process because of a useless election. What is it going to be this summer?

Now, the chamber has a second chance to get this bill, Bill C-11, right. This time we have the opportunity, as members of Parliament, to give Canadians what they want out of this bill, Bill C-11.

First of all, despite claims to the contrary by the minister, Bill C-11 absolutely would leave the door open to the CRTC regulating user-generated content online. In other words, the CRTC could still, under Bill C-11, decide what Canadians can and cannot see. These powers pose a clear threat for free expression in this country, which is the most fundamental right in a democratic country. Under Bill C-11, the CRTC could regulate away free expression online.

Second is the fact that the powers the bill grants to the CRTC are so broad and wide-ranging that they empower the commission to essentially regulate any content in a manner it sees fit, and I have talked enough about the CRTC, but that second bullet should be a concern to everyone in the House of Commons.

What will happen to the foreign services that are small players in this Canadian market? Where did the Canadian market go? In a small part of the user base, we have new regulations and requirements that we can thrust upon them.

Third, the government is asking us to vote on legislation that we do not have all the pieces to. The government says it will address the problems through ministerial order, but it has not shown us what the orders will be. Bill C-11 is a flawed bill.

Government Business No. 16—Proceedings on Bill C‑11Government Orders

June 13th, 2022 / 4:35 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I wanted to ask the hon. member a fairly specific question about the content of his speech. He spoke about charter statements and the importance the government attaches to charter statements. We have seen multiple cases in which the government has table-dropped amendments to its own legislation and it has not offered a revised charter statement to line up with that change in policy.

We saw that in another case with Bill C-7, where the government changed its policy in response to a Senate amendment but did not offer a revised charter statement. On the previous version of this bill, Bill C-10, we saw the government adopting changes from government members in committee without revised charter statements. This is a government that, through the Emergencies Act, has suspended the charter and then we have had contradictory stories told by the minister.

I am very suspicious of the stated commitment to the charter. It seems increasingly like these charter statements are then subsequently ignored through amendments and not updated. It suggests that this is just an effort by the government to whitewash an attack on human rights.

Most specifically, why does the government not have a practice of offering updated charter statements when bills are amended as a result of the amendments government members have put forward when they come out of committee?

Government Business No. 16—Proceedings on Bill C‑11Government Orders

June 13th, 2022 / 4:15 p.m.
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Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Madam Speaker, this is the second time I am rising in the House to speak to this bill. I also spoke when Bill C-10 was introduced and first debated. I have been very interested in this subject for many years.

I would like to share an experience I had before I was elected. I was a legislative assistant to my predecessor, the well-known Quebec and Canadian politician Clifford Lincoln, who, at the time I worked for him, was the chair of the Standing Committee on Canadian Heritage in the 1990s. Mr. Lincoln is a visionary. He wanted the committee to undertake a fairly thorough, wide-ranging study of the Canadian broadcasting system. The study was spread over several meetings, over several weeks and months. In the end, the committee produced a huge document, an extraordinary tome, on Canada's broadcasting system. I think it was even used in some post-secondary courses, because it essentially became the bible on our broadcasting system.

We realized, even then, that the system was changing very quickly with the new technologies. The committee hired two researchers on contract for the adviser: an academic from the Université de Montréal and an academic from the University of Calgary. I remember that one of the academics, who was an expert, said that in a few years, everyone would be their own documentary filmmaker. He said we would have a device that we could use to film all sorts of things and create our own videos and our own high-quality films, real documentaries of everyday life. In fact, that is where we are now. The broadcasting system has changed extremely quickly.

This bill is essential if we want to adapt to new realities, and we need to adapt urgently. Franco-Canadian and Quebec culture are under constant pressure—obviously we all know that, it has been said in the House—by the cultural machine that exists for the most part in the United States. It is well funded, very powerful and it attracts a wide audience on a regular basis. That means there is enormous pressure on Canadian culture, including Quebec culture.

When the Conservatives constantly challenge this bill and, before that, Bill C‑10, they are not doing any favours to those who want to protect and promote Canadian and Quebec culture. By dragging their feet, the Conservatives, in my opinion, are harming our Canadian creators, including our Quebec creators.

We keep hearing from the Conservative opposition that Bill C-11 is a form of censorship and citizen control by the government, and that Canadians will somehow have their freedom of thought limited by seeing a streaming service menu with a smattering of Canadian works visible on it. I ask members to think back to the 1970s, when the federal government created the MAPL system for radio. Suddenly, we had to listen to a minimum percentage of Canadian music on the radio. Imagine: a kind of music dictatorship.

The boost to Canadian musical performances was significant after the MAPL system was instituted. By the 1990s, Canadian music artists dominated the charts around the world in multiple categories. Actually, by the 1990s, Canadian women music artists dominated the global market. Alanis Morissette, Shania Twain and Diana Krall come to mind.

We do not hear the Conservatives referring to the introduction of the MAPL system as the dark age of radio censorship by the Liberal Pierre Trudeau government. After all, unlike today, there was a limited of number of musical outlets available to access music then. There were no Internet-based music platforms, only a finite number of radio stations owned by corporations, not listeners.

Why did the Conservatives at the time not cry “censorship” or “lack of free choice”? Why did they not say, “We cannot choose what we want to listen to”, “There are no alternative sources”, “There is a limited number of radio stations”, or “If we want to listen to something else, we have to pay at the music store, which is a form of taxation”?

Why did the Conservatives not say, “Stop telling us what to listen to on the radio”? They never asked, “Why will these Liberals in Ottawa not let us listen to what we want?”, or “Why do we have to listen to The Band, The Guess Who, Susan Jacks, Robert Charlebois, Ian and Sylvia, and Michel Pagliaro, alongside the Rolling Stones, Led Zeppelin, Bob Dylan and so on?”

Do members know why? It is because the Conservatives had moderate and reasonable leaders in those days, such as Robert Stanfield, Joe Clark and Brian Mulroney. Do members know why the Conservatives do not object to CanCon in radio today? It is because they know Canadians love their Canadian music and Canadian music artists, and to attack Canadian music would be unpopular, even among the members of their base.

To say the government would be censoring the Internet through Bill C-11 is laughable. No, it is actually preposterous. Such talk creates unfounded fears, and it alarms Canadians for no reason. To say one can censor the Internet today is akin to standing next to Niagara Falls and saying that one can stop the massive and endless flow of cascading water. There is as much chance of the government being able to censor the Internet as there is of me capturing air with my hand, so let us stop the hyperbole and let us stop the antics. They are not worthy of this place.

I received an email from a constituent the other day who strongly opposes Bill C-11. They were obviously on the Conservative Party blast email list. I could tell by some of the themes that kept coming up. I wrote back to explain the facts about the bill, including the reference to charter guarantees in the body of the bill, so I think I will take a moment to read some of these charter guarantees.

It says this quite clearly in the bill:

10.‍1 For greater certainty, the Commission shall make orders under subsection 9.‍1(1) and regulations under subsection 10(1) in a manner that is consistent with the freedom of expression enjoyed by users of social media services that are provided by online undertakings.

It is here in black and white. It is in the law.

We can tell the opposition not to worry about it, that it is in the law and that all these guarantees are laid down in the law, but they will not believe it. They still send those emails to their supporters saying the Liberal government is trying to censor their thoughts and trying to influence the way they think for political purposes. It is in the law.

It says this as well, in proposed subsection 2(3), under “Interpretation”:

(3) This Act shall be construed and applied in a manner that is consistent with

(a) the freedom of expression and journalistic, creative and programming independence enjoyed by broadcasting undertakings

It is not even legalese. It is extremely clear, and even a non-lawyer like me can understand it.

When I wrote back to this individual, I also referenced the mandatory charter statement that accompanies all bills tabled by the government, a requirement, as members know, that was instituted by our Liberal government. This was not a requirement before 2015. At that time, when the government introduced a bill, there was no independent charter statement by Department of Justice lawyers, who have the professional responsibilities of integrity and calling it like it is. There was no independent charter statement on a bill, so we saw a lot of bills being introduced by the Harper government that really pushed the limits of charter rights.

I told the individual who wrote to me that the bill is an extension of the decades-old policy of taking measures to ensure Canadian culture is supported in a cultural marketplace dominated by a powerful cultural industry centred outside of Canada and whose priority is not, understandably, Canadian cultural content, to be honest. The person wrote back and said that if Canadian cultural products cannot stand on their own and if they cannot compete in the Canadian cultural marketplace, those products should be left to wither. I thought deep down that this is exactly the Conservative mindset when it comes to culture.

The problem with this view is that it is based on a naive conception of the marketplace and on how the marketplace works in today's reality. It is the ideological belief that today's marketplace is Adam Smith's marketplace: a small town square market where there are no power imbalances between buyers and sellers, and no one buyer, seller or small group of these distorts transactions and bends them to their financial interests. However, that is not an accurate description of the modern marketplace, and I think members will agree.

The fact is that whoever controls distribution controls the market. They control what the market has the opportunity to choose from and consume. This is true in the market for goods and services, which is why, as we know, the banks want to get their hands on insurance. They want to monopolize that market and make sure we buy insurance from them in addition to everything else. This is a normal impulse on the part of market actors, but it is the job of the government to make sure that there are measures in place to prevent this natural tendency toward market dominance from taking place.

In the cultural marketplace, the distributor decides what the audience will see. That is why we have worked so hard to maintain a Canadian-owned broadcasting system in Canada. It is about maintaining an independent distribution system for programming, domestic homegrown programming. If we did not have CTV, Global, CBC/Radio Canada and Télé-Québec, and only had ABC, CBS and NBC in the Canadian broadcasting space, none of the popular Canadian programs we have come to know and love over the years would ever have seen the day. It is that simple.

It is important to mention that streaming services are both distributors and producers. They therefore have an interest in showcasing their own content. The Internet and streaming services are, by definition, not traditional broadcasters, but they are distributors of cultural products nonetheless, and powerful and ubiquitous ones. There is no reason they should not contribute financially to the creation of Canadian cultural products. There is no reason they should not pay their fair share like everybody else.

It is time for the Conservatives to get on board, stand up for Canadian culture and creators and stop telling Canadians that there is a conspiracy to control what they see, think and feel. Such persistent efforts, in my opinion, are a nefarious form of disinformation, and that is why we are at this point here today where we have to get on with the bill. It is a bill that has covered two legislatures and time is pressing. The cultural sphere is galloping ahead with new technologies and new streaming services surrounding us and, of course, providing cultural content that we like to consume. It is not all going to be Canadian, but we should be able to see what the Canadian offerings are.

Somebody asked me the other day if I guessed this means that the CRTC, that great force of evil in the Conservative mind, is going to be writing algorithms for Netflix and Crave TV and whatever other streaming services that we have. The bill says, in black and white, on page 14 of the bill, “The Commission shall not make an order under paragraph (1)‍(e) that would require the use of a specific computer algorithm or source code.”

Why does the opposition not come clean and mention this in its speeches? It is here in black and white in the bill. The opposition does not care. Even if it is in the legislation, somehow it does not exist. Let us keep going with the talking points that we probably see, I do not know as I do not subscribe, in those blast emails that are moving around the cybersphere as part of the Conservative leadership campaign.

It is here in black and white in the bill. It is also in black and white that the bill does not apply to users of social media. I think it is time to move on. Canadian culture needs the support. It needed the support yesterday. It certainly needs it now. It is time.

Government Business No. 16—Proceedings on Bill C‑11Government Orders

June 13th, 2022 / 4:15 p.m.
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Bloc

Caroline Desbiens Bloc Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Madam Speaker, I thank my colleague for her question. We worked on Bill C‑10. We consulted the entire creative industry, all the groups, all the associations. In the end, we failed because the Senate blocked it. We started over with Bill C‑11, which is more fleshed out. We tweaked a few details to keep everyone happy. We have been working on this for two years. An extra month will not change anything. Everyone has been consulted, everyone agrees and everyone is eagerly awaiting this. Everyone in the creative industry is waiting.

Government Business No. 16—Proceedings on Bill C‑11Government Orders

June 13th, 2022 / 4 p.m.
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Bloc

Caroline Desbiens Bloc Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Madam Speaker, I cannot believe that it is mid‑June and we are still debating the long-awaited bill to reform the Broadcasting Act. We have been waiting for 30 years.

My colleague, the member for Drummond, and his colleagues at the Standing Committee on Canadian Heritage almost managed to pass Bill C‑10, the first version of the current Bill C‑11, in the last Parliament. Our democracy and our work are dependent on royal assent, which was refused. We had to start over.

I applaud the very useful work done during the 43th Parliament on the former Bill C‑10, which resulted in the current bill, Bill C-11, being more substantive. It has already been well-received by the creative industry. We therefore saved time.

However, today, I am getting the unpleasant impression that this is the same movie over again. All that does is fuel cynicism among Canadians. I wonder if those who are dragging this out by filibustering really care at all about culture itself, its creators, its broadcasters and its audience. The audience is worried there will be no new content. They are worried about losing their content creators, who are stretched thin. That would mean losing the thing that has been giving life to modern societies, all the way back into antiquity: culture.

For those watching our debates, I want to talk about the crucial steps involved in creating a finished work, or rather one that has been allowed to leave the nest. Indeed, a work is never really finished. It is a bit like raising children: We pour our love, values, time, energy and emotions into them, but there comes a time when we simply have to let them fly on their own, taking the best we have given them. A work of art is the same thing.

I could talk about creating a painting, a dance, a circus show or a sculpture, or writing a novel or a play, but my world is music. Music is what I know.

I know that all artistic endeavours go through essentially the same stages: research, development and creation of the idea through to final composition, preproduction, production, deciding where to release the work and how to promote it, marketing, and public performance. No matter the art or expression, there are many stages, all of them demanding.

It is important to remember that, for many singers and musicians, the creative process does not end with recording their music and songs.

Artists have to work on their instrument. Singers have to develop and refine their vocal technique. They have to pay a voice coach to help them manage their energy and polish their raw talent, just like professional athletes train to master their technique. It is hard work, and the best trainers are expensive.

Singers also have to develop their musical ability. Many accompany themselves on an instrument or two. Those musical instruments are pretty much essential tools for setting lyrics to music. The next step is a comprehensive creative process that unites words and music.

Some participate in workshops. Others are more self-taught. Still others call on the musical talents of veteran musicians. Eventually inspiration strikes. As if by magic, lyrics find their musical match, words weave their way in and out of chord progressions. That is the joy of creation.

Once the song is written, or rather, the songs are written, because it takes more than one to market an artist, some fine-tuning is needed. Artists have to surround themselves with good musicians and find a producer to finance the recording of the songs, since the basic vehicle for the art of songwriting is people hearing the songs. Some will invest the money and produce it themselves. Others, a very small percentage, might be able to access a few government incentives. Most—and I emphasize that word—are their own producers and will invest their own money, or worse, go into debt to try to break into a market that has become increasingly opaque.

Let us talk about the production stage. I will talk about my own experience, because it is mine, and it is the one I know best. I recorded one of my albums at my family's home in Isle-aux-Coudres. I wanted my collaborators and the musicians to be captivated by that majestic river, which I wanted to celebrate in song. I was hoping the setting would enrich their musical performance and therefore further enhance my songs.

My father, who had always been a bit skeptical about this whole singing business, and who thought, like many people, that it was easy, fun and simple to make music if you had a bit of talent, was genuinely amazed at the science behind the recording process and the amount of time it requires. When he saw that it took half a day just to balance the drum and bass levels, he could hardly believe it.

For a good week we worked on guitar, violin, the accordion, keyboards and vocals. We started the preproduction; we played all the songs to become familiar with them, to find the sounds and harmonies, to find the right instruments for each song. Then we were finally ready to record.

Each song has its own universe. We start by recording a guiding vocal track. It is not the final vocal track, it is just the one that will guide the musicians. Then we record one by one and we record the final vocals and the vocal harmonies that support and enhance the whole work. We do all that for the 10 or 12 songs that will be part of the album that we hope will be the best one of our lives.

Is that it? No, far from it. Then each song needs to be mixed, because all these sounds need to have a pleasant balance and appropriate audio to make it pleasing to the ear, which will drive the rest.

After the mixing, is it done? No, not at all; then comes the mastering, what we call matriçage in French. We need a master in the art to ensure that every volume is appropriate for the different broadcasting forms, either the radio, headphones or outdoor broadcasts, at low decibel levels or high decibel levels. It is an art and it is expensive.

Is it done? No, not yet. The next step is to find a graphic artist who will be able to showcase the entire work and create an attractive presentation for a CD booklet, the cover for a vinyl record, which is my favourite medium, or the visual accompaniment for the music on streaming platforms.

Now is it done? No, not yet. The artist still has to get their music out there by hiring a manager or an agent, as the case may be, to promote the album to various broadcasters and promoters. It is of course imperative to create a show in order to bring the work to life. Then the process starts all over again: looking for a venue, a sound technician, a lighting technician and a stage manager, finding some available musicians and putting on a show. If, and only if, the work is a success with the public will the artist earn a little income from the process.

I have to emphasize that, regardless of the artist's popularity, it is only if streaming platforms have copyright and reproduction rights obligations that all these efforts and the financial risk taking will be compensated with a small amount of royalties.

That is what creating involves. Creators are resilient, patient and firmly convinced that their works play an important, not to say fundamental, role in the social universe of the community.

The last time that I rose in the House to speak to Bill C‑11 was 34 days ago.

According to the former minister of Canadian heritage and current Minister of the Environment and Climate Change, for every month that goes by without passing this bill, creators lose roughly $70 million. Using cross-multiplication, we can calculate that the creative industry has lost a little over $78 million since my last speech. Since the beginning of this Parliament, our culture and its content creators have been deprived of $1.33 billion.

We cannot wait any longer to pass Bill C‑11. The survival of our artists, the very essence of our cultural past and future, has been hijacked by these political squabbles. We need to stop treating creators like drones that create art to entertain us. Yes, they do entertain us, but that is their job. It is a demanding job that requires a lot of discipline and courage. It is also, above all, how they earn their living.

Government Business No. 16—Proceedings on Bill C-11Government Orders

June 13th, 2022 / 1:45 p.m.
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Bloc

Christine Normandin Bloc Saint-Jean, QC

Madam Speaker, first of all, I am going to share my time with one of my Bloc Québécois colleagues.

It is a pleasure to speak to Government Business No. 16, which is for Bill C‑11. Unfortunately, it is not exactly a great pleasure because it feels like Groundhog Day. We went through essentially the same thing with Bill C‑10, which was introduced in the previous Parliament and was kind of hit or miss as far as the wording went. A lot of work was done. A year on, I feel like we are still bogged down for various reasons that are not necessarily the fault of a single person. All parties contributed to the delays in modernizing the Broadcasting Act. The problem is that, in the meantime, artists and small radio stations and media outlets are suffering and struggling to survive in this high-tech world.

I would like to begin my speech with a look at the current situation. A year has passed and, not surprisingly, the situation is no less urgent. In an article in La Presse just this morning, Alexandre Sirois wrote about the “digital barbarians” that have to be reined in. Here is what he said:

A bill like this to rein in the “digital barbarians” is long overdue. Alain Saulnier uses that colourful expression as the title of a very relevant essay in which he explains the massive devastation caused by companies like Netflix, Amazon, Apple and Google.

The journalist explains that the fate of local culture on the web giants' platforms is quite similar to that of the soft drinks that are relegated to the bottom shelves in grocery stores because the big brands monopolize the best spots.

“That is why access to our content, its discoverability, is the most important issue for the future of all non-U.S. cultures.”

Discoverability is at the heart of this matter. It reminds me of a little anecdote. I was fortunate enough to be part of a delegation abroad recently, along with some of my colleagues from English Canada. Something really struck me. When we were talking about culture and what we watch on TV and listen to on the radio, I noticed that there were almost no common references between Quebec culture and English Canadian culture. Our common references are to American culture. This illustrates how global U.S. culture has become and what a strong impact it has on other cultures, to the detriment of our local culture.

We need to urgently legislate the broadcasting situation because of the repercussions it is having on small players in a context of globalization and the Internet, which is an ever-growing presence in our lives.

Some reports published in 2020, including one by the Canadian Association of Broadcasters, or CAB, projected losses for radio and television broadcasters to the tune of $1.6 billion between 2020 and 2022. That is major. CAB also mentioned that, in the six months following the 2020 report, there could potentially be 50 radio stations at risk of closing and no fewer than 150 more in the next 18 months. That represents a potential loss of 2,000 jobs, or the equivalent of roughly 24% of the jobs that existed in 2019.

Revenues are down across the board. Roughly 40% of private stations have posted a negative net income over the past few years. It is a disaster. This is a huge loss of $336 million between 2010 and 2020 for general television networks. Things are not going very well at all. We also know that this erosion is having an impact on local content in traditional media to the benefit of everything that is on the Internet. Roughly 52% of audiovisual content produced in Canada is not Canadian content. We import a tremendous amount of products because our products are less discoverable.

In this context, production by francophone minority communities is only 4%. Meanwhile, the digital platforms are thriving, but our local content is not on those platforms because of the discoverability issue. Only 2.7% of the 10,000 most popular songs on digital platforms are French songs, so there is also a linguistic aspect that is worrisome here.

I am not saying that Bill C-11 is perfect. Some parts could be improved, or have been improved compared to Bill C-10. One of the issues that the Conservatives were particularly concerned about was algorithms, and that has been addressed. With the first version of Bill C‑10, the CRTC would have been able to intervene and require businesses to change their algorithms to improve discoverability. That was taken out of Bill C‑11. I would say that may be a good thing because, at this time, we may have a tendency of being more preoccupied with the letter of the bill than the spirit. The bill now better reflects the spirit. We want local content to be more discoverable, but we will let the companies determine how to achieve that through advertising, suggestions or other means.

People have mentioned and are still mentioning that there are concerns about the platforms that could be included. The bill does not set out which platforms are included and which are not. Things are being left open so that more platforms could be added in the future. I tend to think that might be a good thing because the bill needs to be adaptable, given how quickly things change in the online realm.

Finally, some definitions may not be clear. The bill is perhaps not perfect, which is why it would be a good idea to give members more time to work on amendments in committee. However, I understand that the Conservatives have been filibustering and putting up roadblocks. I would have liked to talk more about this, but I do not have much time left.

I do want to say, however, that what the Conservatives are unfortunately doing to interfere in this file is a tremendous act of bad faith. The Bloc Québécois recently moved a motion on what happened at Hockey Canada, and the Standing Committee on Canadian Heritage must be the one to look into these allegations of assault. The committee members proposed adding hours so that we could deal with both issues at the same time, but the Conservatives refused. This shows that they are more interested in wasting time than anything else.

There was also a motion to allow the Standing Committee on Canadian Heritage to travel. At the same time, the Conservatives denied approval for the foreign affairs committee to travel, showing once again that this is a tactic to waste the House's time. Conservative members claim that there is not enough time to hear from witnesses, but when asked how many witnesses would be enough, they are unable to provide a number. This, even after the committee already heard from a number of witnesses, including some YouTubers who came to testify in committee not once, but twice.

That said, the Liberals are not beyond reproach either. The time that was allocated to debating Bill C‑11 in committee could have taken place between June 2021 and February 2022. Last June, we knew that we were on the verge of an election, which is why the Bloc Québécois supported a closure motion that was much more restrictive than this one. The super-closure motion we are debating today makes the seven other motions recently voted on in this place look like mere technicalities.

If the House had not shut down for an election, we probably would have been able to get Bill C‑11 through third reading, get it through the Senate and get it passed. All of the time we lost from June to February is much longer than the time that the Conservatives have wasted here in the House.

No one is without blame here. One side is unfortunately systematically obstructing our work. I can understand, to a certain extent, the use of some form of closure on this matter. This is why the Bloc Québécois voted in favour of closure on Bill C‑10 the last time, in a completely different context, because we knew that we were headed into an election.

That does not justify this closure motion, which is much broader and less appropriate given the urgency. In fact, we know that even if we vote in favour of closure now, the bill will not make it through the Senate in time, since there will only be a few days left for the Senate to sit after the motion has been passed in the House, most likely around June 20, 21 or 22, depending on how things are going, and if there is another filibuster.

Unfortunately, no one is without blame here. As I said at the outset, the two main parties in the House keep this going like Groundhog Day. Sadly, the ones who are paying the price are our small traditional media.

Government Business No. 16—Proceedings on Bill C-11Government Orders

June 13th, 2022 / 1:40 p.m.
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Conservative

John Nater Conservative Perth—Wellington, ON

Madam Speaker, that is the question: why? Why would the government not just be open and transparent and release the policy directive?

Bill C-11 would provide the CRTC with a significant of regulatory authority, but without the direction from the government, we do not know how the CRTC will interpret that regulatory authority, and we will not know until after we have already been forced to vote on this bill. That is the issue.

If the government wanted to be open and transparent, it would table that document today, as it did with Bill C-10. The question is, what is the government trying to hide?

Government Business No. 16—Proceedings on Bill C-11Government Orders

June 13th, 2022 / 1:40 p.m.
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Conservative

Dave Epp Conservative Chatham-Kent—Leamington, ON

Madam Speaker, I find it so ironic that a bill about communication, about streaming, about communicating with each other is not allowed the proper time for communication in this chamber and at committee.

Why does my colleague suppose that the government would release a policy directive in the previous iteration, Bill C-10 in the previous Parliament, and refuse to do so at this point?

Government Business No. 16—Proceedings on Bill C-11Government Orders

June 13th, 2022 / 1:20 p.m.
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Conservative

John Nater Conservative Perth—Wellington, ON

Madam Speaker, there is a dull rumble in the room because everyone is so outraged about this motion that they cannot constrain themselves, given the concern they have.

Folks at home might have read the newspaper over the weekend and wondered why there is a rush with this programming motion. The Minister of Canadian Heritage himself said that he was not going to force it through the Senate and that it is not going to become law before the summer, so why the rush to force it through the House? In fact, in The Globe and Mail this week, an article by Bill Curry and Michelle Carbert said this:

The Liberal government says it will not press the Senate to rush the Online Streaming Act into law before the summer recess, even though it moved Friday to shut down debate on the bill in the House of Commons.

In a statement to The Globe and Mail, Canadian Heritage Minister Pablo Rodriguez said the government does not expect the Senate to rubber stamp the bill after it receives final approval in the Commons.

He does not expect a rubber stamp in the Senate, but here in the elected House of Commons, where each of the 338 of us was elected by 100,000-plus constituents to represent 100,000-plus constituents, we are expected to rubber-stamp this piece of legislation. We are expected to rubber-stamp the largest change to the Broadcasting Act in over three decades.

The government wants to say that the bill has had plenty of debate, that it has had tons of time for debate. Do members know when the bill first came before the heritage committee? The first day of meetings on Bill C-11 at the heritage committee was May 24, less than three weeks ago. We have had less than three weeks to hear from parliamentarians and hear from witnesses across the country.

After that, we were still receiving requests to appear before committee, requests from concerned stakeholders across the country who were not able to testify before the committee. These are Canadians and owners of small businesses who will be personally and directly affected by this piece of legislation, but Parliament and its committee could not hear from them. That is what has brought us to this programming motion to force the bill through the House without meaningful debate.

We as parliamentarians have a duty. We as opposition parliamentarians have an exceptional duty and a role to play. I would like to draw the House's attention to one of the great former leaders of Her Majesty's loyal opposition, the right hon. Bob Stanfield. In a memo to his caucus, he said this: “Not only is it unnecessary for political parties to disagree about everything, but some acceptance of common ground among the major parties is essential to an effective and stable democracy. For example, it is important to stability that all major parties agree on such matters as parliamentary responsible government and major aspects of our Constitution.”

Like the great Bob Stanfield before us, we agree on the importance of parliamentary responsible government, whereby Her Majesty's loyal opposition holds the government to account. When certain parties decide that this is no longer necessary and we are derelict in our duties as opposition parliamentarians, we get a motion like this.

I always like to use a thought exercise. What would members of the House, members of the Liberal government and members of the New Democrats say if Stephen Harper had brought forward a motion as draconian as this one? They would be up in arms. They would be up in question period. They would be up in the House complaining about the draconian measures. However, members of the Liberal government, who for years ridiculed and raised the alarm on closure and time allocation, are the worst perpetrators.

As I mentioned, the bill did not come before the heritage committee until May 24, yet here we are. This is not the first time, either. We will recall that this is the same playbook the Liberals used for Bill C-10, the predecessor to this piece of legislation. They used Motion No. 10 to force Bill C-10 out of committee and into the House.

The government wants to say that we need to get this bill through immediately, but what happened with Bill C-10? The government called a summer election and killed its own legislation. It is awfully rich today to hear the Liberals say that we need to act with great haste to pass this piece of legislation when it is just going to sit in the Senate all summer long.

Many of my colleagues have not yet had a chance to speak to this bill, and will not have a chance to speak to it because of the government using time allocation. This is a piece of legislation that will not only impact the entire broadcasting industry, but also every Canadian who listens to music or watches videos online. This motion is being rushed through to meet an arbitrary deadline.

Last week, on Tuesday, the clerk of the Standing Committee on Canadian Heritage sent to members 20 different submissions. Among them were submissions from the Broadcasting Accessibility Fund, the Canadian Association of Film Distributors and Exporters, the Canadian Ethnocultural Media Coalition, Blue Ant Media and Spotify, all of which have been denied a chance to appear before the committee by the government. Now, the government House leader has decided they do not deserve an opportunity to speak before the committee.

There are, in fact, many witnesses who have yet to be heard despite the fact that Bill C-11 would have detrimental impacts on their businesses. These include Anthem Sports and Entertainment, the Consumer Technology Association, the Ontario Association of Broadcasters, which represents radio stations, Blue Ant Media, which I mentioned earlier, the Canadian Communication Systems Alliance, the Canadian National Institute for the Blind and Ethnic Channels Group.

The government could have taken a different approach to how to modernize the Broadcasting Act that meets both the needs and technological realities of today, but does so without impacting digital-first creators and new technologies moving forward. Unfortunately, instead of modernization, it is forcing a 30-year-old regulatory system onto Canadians using new technology that old rules are not compatible with. Perhaps most disappointingly, the government ignored those in the digital media sector and went so far as to accuse them of spreading misinformation.

The tactics the Liberal government has used have been an attempt to discredit anyone who has raised legitimate concerns about the implications of this bill. It has been shameful, and it is not up to the standards of decency Canadians expect from their government.

There are obviously several crucial flaws with this bill that need to be fixed. First and foremost is section 4.2. It is a legislative pretzel: an exception to an exception, and a clause in the bill that leaves open to regulation content that indirectly or directly generates revenue. It seems the government does not even understand how the Internet works or how indirectly gaining revenue works.

I draw the House's attention to an expert, Morghan Fortier, who runs the largest YouTube channel in our country and has found great success globally by using new technology. She says the following when referring to the bill:

It's been written by those who don't understand the industry they're attempting to regulate, and because of that, they've made it incredibly broad. It mistakes platforms like YouTube, TikTok and Facebook for broadcasters like the CBC, Netflix and Amazon Prime. It doesn't understand how those platforms operate, and it ignores the fundamental importance of global discoverability. Worst of all, proposed section 4.2 hands sweeping power to the CRTC to regulate...small businesses like mine that are not even associated with broadcasters.

This is from the person who has Canada's most successful YouTube channel. She has found success globally, yet this piece of legislation would constrain and restrain that success globally.

They have said time and again that the CRTC will not regulate user-generated content, but the bill, in black and white, gives it the power. Worse yet, despite repeated requests, the government has refused to release its policy directive to the CRTC that would provide the interpretation of how this bill would be implemented. This “just trust us” approach that the Liberals are following does not inspire confidence.

In fact, just last week, the Minister of Canadian Heritage appeared before committee and told us outright that he would not provide the policy directive until after the bill had received royal assent. After the legislation has been passed, after parliamentarians have passed the legislation, only then will the government tell us how it will be interpreted and how the CRTC will do so.

What is more is that during the minister's appearance at committee, he refused to offer a definition of discoverability. In fact, discoverability is mentioned in the piece of legislation. It is mentioned in Bill C-11, but it is never defined. Until we see the policy directive, we do not know how the CRTC will be directed to implement discoverability.

It comes back to what the Liberals said they would never do. In their 2015 election platform, the Liberals said, “We will also change the rules so that Ministers and Parliamentary Secretaries no longer have a vote on committees.” That did not last very long, because now parliamentary secretaries not only sit on committees, but they also have votes and are directing the work of committees.

In fact, last week in the House of Commons, the government House leader said, “let us talk about some of the things we do not do. What we do not do is use parliamentary secretaries in committee to control committees and not allow members to ask questions.”

A little more than one hour after the government House leader said this, it was none other than the Parliamentary Secretary to the Minister of Canadian Heritage who, at the beginning of questioning witnesses, filibustered witness testimony to try to move a motion without debate and to move to clause-by-clause. This not only prevented members from questioning witnesses, including the Minister of Canadian Heritage himself, but it also would have had the effect of preventing dozens of other witnesses who wished to testify from testifying.

On Monday and Wednesday of last week, it was again the Parliamentary Secretary to the Minister of Canadian Heritage who introduced motions to end study and proceed to clause-by-clause, while dozens of witnesses who wished to appear had been prevented from appearing.

Perhaps what is most concerning is that last week, the Liberal chair of a committee accidentally let it slip that the Liberals had been instructed by their party leadership to have the bill sent back to the House quickly. The member for Vancouver Centre said, “we do not have a lot of time to stretch anything out, because this bill is supposed to be reported back to the House before June 23”. It is supposed to be by who? It is by the Liberals.

The Liberals are directing the chair of a committee to report a bill back. It is shameful. In fact, this closure motion, Motion No. 16, I would dare say is a vote of non-confidence in the Liberal chair of the committee: the member for Vancouver Centre.

I also want to share the words of a digital-first creator, Oorbee Roy, one of the very few digital-first creators who had the opportunity to appear before our committee. She said, “I literally have never gotten a seat at the table—except now, as a digital creator, I'm getting a seat at the table. Representation matters.... Please don't suppress my voice.” Again, that is from Oorbee Roy who found success online as a digital-first creator. As a skateboarding mother, she found success in that market globally. Under this bill, the Liberals are trying to prevent that success.

We in Her Majesty's loyal opposition want to see Canadian creators succeed here in Canada and around the world. We want to see them be able to access and use the tools available to them through the Internet to find that success globally so that Canadian stories, Canadian voices, Canadian music, Canadian television and Canadian film can be enjoyed around the world. Is that not what it is about? It is about sharing the talents of Canadians globally.

I have been very clear that we support making sure that the major streamers, the international foreign streamers, contribute to Canadian productions. We want to see that happen more, and we applaud those companies that are already doing it. We applaud the billions of dollars that Netflix and Disney are investing in Canada and in Canadian-made productions. We want to see more of that. We want to encourage more of that. What we do not want to see happen is Canadian creators being hampered by their ability to export.

We have made some clear commitments about what we want to see changed with Bill C-11. We want to see the removal of section 4.2 to ensure that user-generated content is not subject to CRTC regulation. We want to see a clear definition of discoverability, so we can ensure that one Canadian performer is not lower down to another. We want to see an equality on the Internet to ensure that Canadian arts and Canadian programming are able to excel. We want to see a threshold so that small, independent creators are not captured in a large, cumbersome bureaucratic process.

We want to see updates to the Canadian content definition so that Canadian stories are being told by Canadians. The current definition often sees Canadian stories not being considered Canadian. A perfect example is The Handmaid's Tale. It was written by the great Margaret Atwood and filmed in Ontario, but is not Canadian.

Before we move forward with Bill C-11, we have to get the definition of Canadian content right. Finally, we need to see the policy directive. We need to see the government's instructions to the CRTC of how it will interpret Bill C-11. In the former Bill C-10, the government did that. It released its draft directive before debate in the House of Commons. This time, it refuses to do that.

Bearing in mind these important things and the lack of witnesses we have yet to hear from, I move, second by the hon. member for Chatham-Kent—Leamington:

That the motion be amended:

(a) in paragraph (a),

(i) by substituting subparagraph (i) with the following:

“(i) the committee be instructed to continue hearing from witnesses, including especially Canadian content creators, this month and through the summer adjournment,”,

(ii) by substituting, subparagraph (ii), all the words after the words “11:59 p.m.” with the following: “on Monday, September 19, 2022”,

(iii) by substituting, in subparagraph (iii), all the words after the words “no later than” with the following: “Tuesday, September 27, 2022, provided that the committee has reported back to the House in relation to its order of reference of Thursday, June 2, 2022, in relation to Hockey Canada”,

(iv) by deleting subparagraph (iv) and (v); and

(b) by deleting paragraphs (b) and (c).

Motion That Debate Be Not Further AdjournedOnline Streaming ActGovernment Orders

June 13th, 2022 / 12:05 p.m.
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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, none of what the minister just said is accurate.

The Senate is not going to pass this bill before the end of June. We just heard that the committee has been considering this bill since the middle of May. I have been to that committee. What the cabinet is calling filibustering is what I call debate and raising the issues our constituents are raising.

Thousands of Canadians emailed us and said they did not want to see what was called Bill C-10. The government brought it back as Bill C-11. The bill has not been fixed. They have not fixed section 4.2, which does generate the ability of the government, through the CRTC, to moderate and censor the content uploaded by users.

This motion is truly a lack of confidence in the chair of the Canadian heritage committee. This is entirely of the government's making and entirely the government's fault. This legislation has not been reviewed or debated in 31 years. There is no reason to rush it through in the next few weeks. The government is being completely inaccurate in the way it is presenting it. It is a darn shame that we will not be able to review this bill as it deserves to be reviewed, because Canadians are interested to know if they will still be able to use the Internet, their YouTube channels, their Facebook and their TikTok in the ways that they have always been able to without the censorship of government and the CRTC.

Instruction to the Standing Committee on Canadian HeritageRoutine Proceedings

June 10th, 2022 / 1:25 p.m.
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Conservative

John Nater Conservative Perth—Wellington, ON

Mr. Speaker, first I want to correct the record and confirm that the Conservative Party, as of last Friday, has submitted a number of amendments to the committee clerk for the purposes of this legislation, but we are not done. We have not finalized all of our amendments because we have not finalized the review of this piece of legislation.

We have made very clear publicly, and did so in a release, the challenges and concerns we have with this piece of legislation, including section 4.2, the definition of discoverability, the redefinition of Canadian content and the thresholds that these institutions ought to meet.

The question I want to ask to the NDP House leader is very simple. Much of this interpretation will be left to the CRTC, based on the policy directive of the minister. The minister has said that he will not release it until after this piece of legislation receives royal assent. Would the member not agree that it would be better for transparency and for the benefit of all of us in the House who are debating and voting on this legislation if the minister would simply, as the government did with Bill C-10, release the draft policy directive to the CRTC so that we can see it, review it and make a judgment on it before we vote on Bill C-11?

Instruction to the Standing Committee on Canadian HeritageRoutine Proceedings

June 10th, 2022 / 12:10 p.m.
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Conservative

John Brassard Conservative Barrie—Innisfil, ON

moved:

That it be an instruction to the Standing Committee on Canadian Heritage that, during its consideration of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, the committee be granted the power to travel throughout Canada to hear testimony from interested parties and that the necessary staff do accompany the committee, provided that the travel does not exceed 10 sitting days.

Mr. Speaker, I want to thank my hon. colleague from Renfrew—Nipissing—Pembroke for seconding what I believe to be a very important motion.

As members are aware, Motion No. 16 was presented today. It is basically a draconian way of dealing with issues and matters of the House by the government. It is a way of stifling debate. It is a way of silencing the voices of millions of Canadians who sent their elected representatives here to Ottawa.

Bill C-11 has been universally panned, for lack of a better word, by content creators and others who are concerned about censorship on the Internet and concerned about content creation. We heard this morning the member for Perth—Wellington give a very good description of some of the concerns with this bill.

Effectively, what Motion No. 16 has done is basically taken the work out of the hands of the committee on this extremely important bill. The government is ramming it through, with the help of its NDP partners, in order to get it passed through Parliament without addressing many of the concerns that are being brought up by those who, as I said earlier, are expressing significant concerns about issues related to censorship.

I have been hearing from my constituents on this. Over the last two or three days, Canadians have become increasingly engaged on this issue. They are finding out what is going on.

Similar to a previous iteration of this bill, Bill C-10, Canadians are concerned. In fact, I would suggest they are more concerned about what is going with Bill C-11 and the impact it is going to have on their ability to see what is on the Internet and produce what is on the Internet. There are concerns, as we heard, as to the power the bill gives the government and the censorship role it gives to the government. It contributes, in my opinion, even more to what we see as a decline in democracy here in Canada, whereby millions of voices, including the Speaker's voice, is silenced as a result of draconian measures.

What this motion would do is allow the committee to travel across the country to hear from those who it has not heard from before. This motion is important because the Conservative opposition has said we are not going to agree to committee travel. The motion highlights the importance of hearing from those in Canada who are extremely concerned about this bill and the censorship it can create. It would allow the committee to do its work, function properly and hear the voices that are being silenced in this place. “Parliament” comes from parler, or “to speak”, yet we are being silenced on this bill.

There is another interesting part to this. I have been watching closely the deliberations at the heritage committee and have been speaking to our shadow minister of heritage about the level of dysfunction that has been created as a result of the chair of the committee not coming to Ottawa and being on Zoom. It speaks to the overall dysfunction of this place. Hybrid Parliament is having such a tremendous impact on the ability of the committees to do their work, and there are health implications for the people who work here, namely the interpreters.

In my opinion, it is time for hybrid Parliament to end. We need to get back to normal. That forms the basis of every argument we have been making in this place.

I am moving this motion in the hopes that we can allow the committee to have its deliberations and speak to Canadians who are concerned about government censorship and the impact this bill will have. We need the support of Parliament to allow the committee to do its job.

Government Business No. 16—Proceedings on Bill C-11Government Orders

June 10th, 2022 / 10:45 a.m.
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Conservative

John Nater Conservative Perth—Wellington, ON

Mr. Speaker, the member for Northumberland—Peterborough South says there cannot be more, but there is more, unfortunately.

The government has tools available to it in the House to force through legislation. On motions it can use what is called closure, and on pieces of legislation it can use time allocation. That is the traditional process. If Bill C-11 were to be reported back to the House and the government felt that it was not proceeding as fast as it would like, it could move time allocation. However, it did not. At least with time allocation there is an opportunity to put questions to the minister for a period of 30 minutes. It is not a lot and it is not sufficient, but at least there is a process. Motion No. 16 pre-emptively time allocates this piece of legislation before clause-by-clause happens, before the process even begins.

I want to quote paragraph (b) of the motion. It states:

not more than one sitting day shall be allotted to the consideration of the bill at report stage, and that, 15 minutes before the expiry of the time provided for Government Orders that day, any proceedings before the House shall be interrupted, if required for the purpose of this order, and in turn every question necessary for the disposal of the said stage of the bill shall be put forthwith and successively, without further debate or amendment

That means one day for Bill C-11 at report stage.

Canadians listening at home may not quite grasp the severity of this provision. In the House, there are certain days of the week when government orders are debated for a lengthy period of time, for multiple hours. Sometimes when the government moves time allocation, it will say five hours. This is still, in my opinion, not enough time for an important piece of legislation, but five hours is more than what is foreseen for this piece of legislation.

If Bill C-11 is called before the House at report stage on a Wednesday afternoon or on a Friday, there will be not more than two and a half hours of debate in the House on each and every report stage amendment that may be brought forward. There is no discussion to extend hours. There is no discussion of additional time for Canadians to hear from their elected representatives.

I know that in my caucus, my Conservative colleagues want to discuss this bill. Many of them have eagerly volunteered to sit in on deliberations at the Canadian heritage committee because they have an interest in this piece of legislation. However, they have not had a chance to speak to it in the House of Commons. Why? It is because at second reading the government moved time allocation and they did not have a chance to speak.

My friend from Cumberland—Colchester is here today listening intently because he wanted to speak and did not have the chance. It is the same for my friend from Beauce. He has not had a chance to speak to this piece of legislation, and neither has my friend from Calgary Signal Hill. Each of them has been denied the opportunity to speak to this bill, and now they will be pre-emptively denied the opportunity to speak to the bill because of the limited time available for it.

That is not all. The final paragraph of this motion time allocates the bill at third reading. Paragraph (c) of Motion No. 16 states:

on the day the bill is considered at the third reading stage, the ordinary hour of daily adjournment shall be midnight, and that, 15 minutes before the expiry of the time provided for Government Orders that day, any proceedings before the House shall be interrupted, if required for the purpose of this order, and in turn every question necessary for the disposal of the said stage of the bill shall be put forthwith and successively, without further debate or amendment.

That means one day of debate for the third and final reading of this piece of legislation.

I will remind members of the House that this bill only got to committee and began the committee process on May 24. Now, less than four weeks later, the government wishes to see this bill arrive at third reading and pass without meaningful debate in this place and without meaningful debate during clause-by-clause in committee.

Earlier this week, the Minister of Canadian Heritage appeared before the Standing Committee on Canadian Heritage. I was in the chair for that meeting, and as members know, the chair does not actively participate in the debate. However, I listened intently to the Minister of Canadian Heritage in his opening comments. He made the comment that when the committee was finished its process, there would be more debate in the House of Commons at report stage, at third reading and then in the Senate. Then, just three days later, on notice on the Order Paper was this guillotine motion, which does not fulfill the minister's commitment to allowing more debate on this bill.

The Minister of Canadian Heritage and I get along very well, so I take him at his word that he was committed to more debate. Unfortunately, the government House leader's failure to manage the legislative agenda of this place means that our colleagues, members of the House, will not have the opportunity to fulfill their duty as parliamentarians, to fulfill their duty to the people they represent.

It is interesting that with the current government, what was old is new again, because in the previous Parliament there was a similar motion. It was Motion No. 10, and it also dealt with a bill, Bill C-10, the predecessor to this bill. It forced Bill C-10 through committee, forced it through the House of Commons and forced it into the Senate.

Had the government actually been committed to passing that piece of legislation, it could have, but something else intervened: the political interests of the Prime Minister. We saw the political ambitions and self-interest of the Prime Minister in his attempt to try to win a majority government during a pandemic, when he and every Liberal member on that side had committed to not calling an election during a pandemic.

They saw an opportunity to try to get their majority, and they did not. However, what happened is that every piece of legislation that was before the House or the Senate died on the Order Paper, including the previous Bill C-10. To hear Liberal members and ministers talk about having to expedite legislation through the House and through committee because it has to get through is simply horse feathers. It is horse feathers because they had an opportunity to do so but killed their own legislation by forcing an unnecessary election, which included the dissolution of Parliament.

However, the Liberals do not learn their lesson. These undemocratic processes keep coming back time and time again, and we have seen this with different pieces of legislation. I know I have heard Liberal MPs talk about the other matters we need to get to. Our Conservative Party put forward a proposal at the heritage committee to prioritize a review of Hockey Canada. We put forward a motion to prioritize the review of the disgusting situation we have learned about from four years ago. That should be our priority at committee. That is what we as parliamentarians should be looking at.

I see that I have one minute before question period, and as I assume I will have time to resume my comments after question period, I will leave with a few interim closing comments.

Canadians expect us to do better. Canadians expect us to review legislation. They expect opposition MPs to improve flawed legislation, and that is what we as Conservative members of Parliament will do. Regardless of the outcome of this motion, we will do what we can to protect Canadians, to support our creators and to ensure that Canadian creators are able to succeed at home and around the globe.

I look forward to resuming after question period.

Government Business No. 16—Proceedings on Bill C-11Government Orders

June 10th, 2022 / 10:25 a.m.
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Conservative

John Nater Conservative Perth—Wellington, ON

Mr. Speaker, I want to open by sharing a quote, which states:

We need to discuss why the government does not listen at committee stage to anything anyone says. It does not accept any amendments from anyone at all, and then it complains that the opposition refuses to allow public consultation.

The quote goes on to say:

We are absolutely not opposed, but we think we should listen to experts and to people who tell the minister what the government should be doing with the bill, but nobody listens in this government.

Do members know who said that? It was the member for Vancouver Centre, the current chair of the Standing Committee on Canadian Heritage. What she said in 2011, we agree with. The current government does not listen. The government does not accept amendments. The government does not accept the testimony and advice of digital-first creators and experts on communications and on the Internet. The government does not listen.

We have heard a lot from the opposition parties that we have had 20 hours of witnesses. The fact is that this committee did not begin studying this bill until May 24: That was 17 days ago. Today, we have Motion No. 16. In the House lately, we are all used to time allocation and closure motions, but this is not just a time allocation motion. This is not just a closure motion. This is a guillotine motion on steroids. This is a motion that not only forces this bill through committee stage and clause-by-clause, but also through the final stages in the House itself. It provides for only one day at report stage, one single day, and there is no guarantee that day has any more than an hour or an hour and a half of debate in the House.

Report stage, as it currently stands, would likely fall on next Friday, meaning that the total time the House would have to debate it, at its very maximum, would be about 150 minutes. There would be 150 minutes to discuss report stage amendments to the largest and most comprehensive updates to the Broadcasting Act in more than 30 years. The government thinks that two and a half hours in the House is sufficient to do that.

As Her Majesty's loyal opposition, we have a duty to play our role: to criticize when warranted, to make amendments and to approve when necessary. That is what we, as Her Majesty's loyal opposition, want to do. We have been clear throughout the process and the debate on this bill and its predecessor bill in the previous Parliament, Bill C-10, that we believe the Broadcasting Act needs to be updated.

The Broadcasting Act dates to 1991. It is a time when VCRs were king, when we had to borrow VHS tapes from the grocery store or the corner store and when the member for South Shore—St. Margarets claims he had hair. I will look for photographic evidence of that. I will point out, because this is relevant, the member was a senior staff member in that government of the day when this legislation first came through. If we consult Hansard from that time and review the comments and commentary by the minister at the time, Minister Masse, we will see that in that time and at that place, the legislation to update the Broadcasting Act and the lead-up to 1991, when it took effect, was done with the broad-based support and consultation not only of members of the House, but also of Canadians. It recognized the challenges that were being faced at that time by broadcasters, by Canadians and by individuals who wanted to see Canadian content creations from across our country.

We want to see the major exhibitions and creations of Quebec creators, and we want them to succeed here and around the world.

We want to see that success, and that is why we are not opposed to necessary updates to the Broadcasting Act. In fact, in our last election platform in 2021, during that unnecessary election that gave us a repeat minority Parliament, we committed to updating the Broadcasting Act, but we committed to doing so in a way that ensured digital first creators were able to succeed and that did not unfairly regulate user-generated content. Now, here we are today with Motion No. 16, which is forcing this bill through Parliament.

I wish I could say I was angry. I wish I could say I was mad. I am not angry, and I am not mad, but I am disappointed. I am disappointed the government would use such an arbitrary and draconian measure as Motion No. 16.

My friend from Edmonton West pointed this out, but it is worth reaffirming what this motion would actually do when it comes to committee resources. Motion No. 16 states “the committee shall have the first priority for the use of House resources for committee meetings”. Members in the House know the hard work interpreters do each and every day. I know sometimes I have difficulty understanding myself in one language, let alone having that translated and interpreted to a second language. The interpreters in this place and in committee do exceptional work interpreting into English and French each and every day, and they deserve our respect.

Over the past two years, the strain and workplace injuries the interpreters in this place have experienced are unacceptable. It is entirely unacceptable. The two official languages of this place, the two official languages of this country, must be respected. It is the interpreters who enable that. It is the interpreters who allow that to happen. However, each and every day we see challenges with resources. We see challenges with the Translation Bureau being able to provide us with sufficient numbers of people who can interpret at committee.

Under this motion, under Motion No. 16, only one committee shall have priority for committee resources. Only one committee shall be able to have its meetings occur no matter what, which is the Canadian heritage committee, so the government can force through its flawed pieces of legislation. No other committee can have that priority.

My friend from South Shore—St. Margarets, on the Standing Committee on Fisheries and Oceans, would not have priority for committee meetings, and meetings keep being cancelled. My friend from Elgin—Middlesex—London, who chairs the Standing Committee on the Status of Women, would not have priority for House resources. Her committee meetings would be cancelled if the Standing Committee on Canadian Heritage needed those resources.

My friend from Edmonton West on the Standing Committee on Government Operations and Estimates has already noted his committees have been cancelled, when they are looking at multi-billion dollar procurement. Those meetings could again be cancelled so the government can push through its repeat legislation, Bill C-11, which was formerly Bill C-10.

If it were only that matter alone, I would say it was sufficient to vote down this flawed motion, but it gets worse. Not only does this motion have a negative impact on each and every other committee, but it also rushes through what ought to be a deliberative process. Subparagraph (ii) states, “amendments to the bill, including from independent members, shall be submitted to the clerk of the committee by 11:59 p.m. on June 13, 2022, and distributed to committee members in both official languages by 9:00 a.m. on June 14, 2022”.

I am sure we are all probably thinking, well, that is Monday, and today is Friday. How does the government expect this motion to take effect by Monday and have amendments due by Monday night? Not only is this a guillotine motion, but this is a guillotine motion that will be guillotined. By the end of business today, a minister of the Crown will stand in their place and state that a minister of the Crown will introduce closure. A minister of the Crown will stand in this place and state that agreement could not be reached and closure will be necessary on Monday.

On Monday, the first order of business, when orders of the day are called, will be a closure motion on a closure motion on steroids, which means that debate will not be further adjourned and that, at 8:00 p.m. on Monday evening, the bells will ring. The Speaker will call in the members, the bells will ring, and at 8:30 p.m. on Monday night, the House will pronounce its judgment on Motion No. 16.

At midnight, under the terms of this motion, amendments would be due, which would be three and a half hours after this motion passes. Amendments on the first update to the Broadcasting Act in 31 years, a complicated and complex matter, would be due in three and half hours.

The government likes to talk about work-life balance, but we, as politicians, are used to this. We are elected. We are well compensated. We are ready and able to work hard, but let us talk about the administration staff of this place. Let us talk about the clerks of our committee, who are now being told that at midnight on Monday night they have to be ready, able and available to accept amendments from each recognized party and from any independent member. This is at 11:59 p.m. on Monday night, and then they have to ensure that each of those amendments are then distributed by 9:00 a.m. the next morning to members of the committee. That is nine hours and one minute, through the dead of night, for the committee clerk and the committee staff to make that happen.

Members, the employees of the House and the employees of Parliament deserve better. They should not be forced into that situation.

It gets worse. After receiving those amendments at 9:00 a.m. on Tuesday, June 14, and this is from the motion, “the committee shall proceed to clause-by-clause consideration of the bill no later than 11:59 a.m. on June 14, 2022”.

Committee members will receive the amendments from all parties and from independent members at 9:00 a.m., and then two hours and 59 minutes later, they will proceed to clause by clause. We will be forced, as parliamentarians and as members of the committee, to pronounce judgment on potentially dozens of amendments that we will have seen for the first time only hours before.

Government Business No. 16—Proceedings on Bill C-11Government Orders

June 10th, 2022 / 10:20 a.m.
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Bloc

Christine Normandin Bloc Saint-Jean, QC

Mr. Speaker, my colleague from Longueuil—Saint-Hubert reminded us that there was a time allocation motion on the former Bill C‑10. We supported that motion insofar as it was a bit more “step by step”. We were trying to break the impasse at committee to be able to continue deliberating, including in the House or on other aspects of the bill.

However, the motion before us today deadlocks the entire debate when the situation is much less urgent. This is not the eve of an election, unless my colleague knows something we do not.

I understand the urgency of resolving the issue, especially when we think of the money traditional media is losing. However, I would like to understand how we ended up with this sledgehammer of a motion when that was not even the case last time for Bill C‑10.

Government Business No. 16—Proceedings on Bill C-11Government Orders

June 10th, 2022 / 10:15 a.m.
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Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Mr. Speaker, I want to thank and congratulate my colleague. He is a member of Parliament representing a riding in Quebec, which has a single official language, French. The riding he represents is also in Canada, which has two official languages, French and English. He gave about 10% of his speech in French, so I want to congratulate him, truly.

I am wondering whether my colleague is not a little embarrassed. We have been talking about Bill C-11 for two years now, if we include its predecessor, Bill C-10. We in the Bloc Québécois were ready and worked very hard to move this bill forward. The hon. member for Drummond worked very hard and was even congratulated by the Minister of Canadian Heritage for his work in committee on this bill.

Before the election, the Bloc Québécois was even ready and willing to vote in favour of time allocation on Bill C-10, which it never does. We normally oppose time allocation, because we want democracy to work and we do not want to shut down debate. We were ready, but then an election came along, and Bill C-10 was postponed indefinitely. Now we have Bill C-11 before us.

The government has hurriedly cobbled together a motion that sort of paves the way for us to maybe pass this bill.

Is my colleague not a little embarrassed that after all those debates the Liberals prorogued Parliament a year and a half ago and called an election? Now they are throwing this motion on the table two weeks before the end of the session and telling us that we must adopt this motion or Bill C-11 will not be passed. For artists, that is shameful.

Government Business No. 16—Proceedings on Bill C-11Government Orders

June 10th, 2022 / 10 a.m.
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Mount Royal Québec

Liberal

Anthony Housefather LiberalParliamentary Secretary to the Minister of Public Services and Procurement

Mr. Speaker, I am truly disappointed to have to be speaking to a programming motion today. I am disappointed because I truly believe in the committee process. I believe that House committees do really important work. I believe they are the heart of how bills get improved, the place where members from all parties give detailed advice to the government on studies and do detailed studies of legislation.

In the first four years when I was an MP, I had the true pleasure of chairing the Standing Committee on Justice and Human Rights. We had really tough bills that we tackled, ones that involved issues like medically assisted dying, recognizing gender identity and gender expression in the Canadian Human Rights Act, and the most significant reforms to the Divorce Act and the Criminal Code in decades. We heard from witnesses for many hours and we studied amendments, sometimes hundreds of amendments, and yet, in each and every case, nobody ever tried to stop the process.

The committee agreed on how many witnesses we would hear from, and once that ended, clause-by-clause would start. Each amendment was properly discussed, dealt with and voted on, and we moved on and returned the bill to the House. This applied to bills where there was a philosophical difference between the different members of the committee from different parties, such as medically assisted dying. It also applied to bills where the members of the committee from all other parties disagreed with the government on the bill, such as genetic discrimination, which was recently upheld by the Supreme Court. Committee members worked together. I see my friend from Cowichan—Malahat—Langford, and he was part of that committee and knows how well we worked together. We treated each other with respect, and the committee respected the process. Everyone debated, a vote happened and the majority will was respected.

In the case of Bill C-11, this is not what is happening at committee. In fact, this bill is meeting a fate similar to that of its predecessor, Bill C-10. Having been a member of the Standing Committee on Canadian Heritage, in both cases, I know we have been treated to some members using the committee rules in a way to stop us from getting to clause-by-clause to try to improve the bill.

At committee, members have the right to speak to motions as long as they want, provided they do not stray too far from the topic. As a result, we have been blocked from ever voting on a motion to move to clause-by-clause, even though it is the clear wish of the majority of the members of the committee to do so. Based on what I have seen at committee, it is abundantly clear to me that there is no desire on the part of some committee members to ever allow clause-by-clause to happen on the bill. The members propose motions, amendments and subamendments, but never allow any of them to actually come to a vote. This is truly unfortunate, because if the goal is to improve legislation and propose and support amendments to improve the bill, we need to discuss and debate and vote on those amendments. We need to see those amendments. That is the way things are done constructively.

Those members using the filibuster to stop the committee from reaching clause-by-clause are certainly following the rules. Therefore, much as I would prefer that we not have to do this, other members have the right to follow other House rules to move us to clause-by-clause, because if we do not receive instructions from the House, we will never get there ourselves. Let me be clear: If any members think the bill needs to be improved, they should want us to get to clause-by-clause so that they can propose amendments, the country can hear those amendments and we can vote on those amendments. Let us try to get there.

As a result, the motion before us would provide the committee with priority for House resources so that we can sit outside of our standard hours. It proposes that amendments need to be submitted by 11:59 p.m. on June 13, which is a full 10 days after the original date that was proposed for those amendments to be submitted and is eminently reasonable. All members of the committee are certainly already in a position where they have their amendments prepared, or can have their amendments prepared by Monday.

The motion then proposes that the committee proceed to clause-by-clause deliberations no later than June 14, in the morning, and provides at least nine hours for the committee to consider amendments before the amendments are deemed moved and submitted. The reason for this time limit is, once again, to prevent filibustering of each amendment. The goal would be to actually have a constructive discussion and vote on each amendment, and not spend nine hours filibustering the first amendment we discuss. Sections (b) and (c) of the motion then discuss how the bill would be treated at report stage and third reading.

If we want the bill to get to clause-by-clause consideration by the committee and not to be unreasonably filibustered, I feel we have no alternative but to do this. Therefore, I support this motion.

Now let me speak to the importance of this bill to many Canadians.

Bill C-11 addresses an important imbalance by requiring online audio and video broadcasting services to contribute to the achievement of important cultural policy objectives in the same way that traditional broadcasters always have. As early as the 1990s, concerns were raised about the potential for online streaming to disrupt the broadcast sector. An early decision was made not to place requirements on online streaming services then, given the relatively limited impact of those services at the time. We should remember that broadcasting regulation only applies where it has a material impact on the broadcasting sector.

Today, the rationale to exempt online players simply no longer stands. The world of broadcasting has changed. We all know this. We regularly turn to online streaming services such as Netflix, Spotify, Crave, CBC Gem and Club Illico to access our music and television, in addition to more traditional services like radio and cable.

Times have changed. It has taken us over 20 years, but online streaming services are now the method through which a growing majority of Canadians access their content. There has been a drastic shift in Canada’s broadcasting sector, which has directly impacted the level of support for Canadian programming and talent. Jobs are threatened. Continuing to regulate online and traditional broadcasters differently is not fair, and it is not sustainable. It is putting the support system for Canadian stories and music at risk.

To explain how modernizing the act will create sustainable funding for our cultural industries, it is important to look at how transformative digital disruption has been for broadcasting in Canada.

Let us recall how things were at the beginning of Canadian broadcasting. Radio stations and TV channels, as well as cable and satellite distribution companies, had to be Canadian owned and licenced. They were allowed, and still are, of course, to show foreign programs or carry American channels. In return for participating in Canada's broadcasting system and accessing our domestic market, they were required to fund, acquire or broadcast Canadian programs. They were also required to make programs accessible to Canadians and contribute to the creation of Canadian programming, including original programming in French.

Over time, broadcasters' demand for Canadian programs increased. The system was working as intended, and domestic creative industries flourished. Thousands of Canadians found careers in broadcasting as journalists, producers, actors, writers, directors, singers, makeup artists, set designers, showrunners and so much more. There was upskilling in Canada's cultural industries and investment in production clusters. We became known for our creative and technical talent.

Broadcasting plays a key role in supporting Canada’s creative industries and evolving cultural identity. The Canadian broadcasting, film and video, and music and sound recording sectors are also important economic drivers. They contribute about $14 billion to Canada’s GDP and accounted for over 160,000 jobs in 2019.

The online streaming act would build on the economic and social benefits of the Broadcasting Act. It is about ensuring the continued viability of the Canadian broadcasting system. It is also about securing our cultural sovereignty. Canada is home to continuous innovation and emerging talent. It is imperative that we support our creators and creative industries, and this requires that all broadcasters in Canada compete on an equal footing. We must bring the online streaming services into the system.

As an artifact of outdated legislation, online broadcasters are not required to support Canadian music and storytelling or any other important broadcasting objective. As the revenues of traditional radio and television broadcasters stagnate and decline, so too will the level of support for Canadian music and stories, and for the creative professionals behind them.

This is not right. The implications for our broadcasting system, which is the bulwark of Canadian cultural expression, are grave. Canadian broadcasters have responded by cutting costs, and that has had a real impact on their service to Canadians, on their contribution to Canadian culture and on good middle-class jobs. As Canadians, we would be the poorer for not seeing homegrown talent supported and more diversity on screen and in song. Previous generations enjoyed Canadian programs knowing that others across the country were sharing a similar experience, and they are important for our culture and our cultural industries.

We are not alone. Countries across the world are making moves to protect and promote their cultural sovereignty. Unlike others, we share our borders with a dominating force in the realm of content creation.

What matters most, what matters now, is that Canadian voices, perspectives and stories remain relevant, heard and groundbreaking. The online streaming act is needed to achieve greater diversity in the broadcasting system and ensure the long-term viability of our broadcasting sector.

The online streaming act is not meant to create winners and losers or promote one platform rather than another. The goal is to enable the creative sector to keep evolving. Regardless of how Canadians access their content, they should be able to see themselves in stories and songs that reflect their experience and their communities.

The Broadcasting Act of 1991 got us to this point. Bill C‑11 will move us forward. We cannot bury our heads in the sand and hope that our Canadian stories and unique perspectives will be shared without the protection and supports provided by the online streaming act. That will not work.

June 8th, 2022 / 6:25 p.m.
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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

I'd like to jump on that, but because I'm seeing so much paper come in in the last two days, it tells me, around this table, we haven't done a very good job on Bill C-11 and that disturbs me.

I still haven't heard from APTN and diverse voices. We've heard from how many groups on diverse voices on Bill C-11 that will be affected? We've heard from two. We haven't heard from the national carrier for the indigenous. They haven't submitted anything. You've had it on your witness list. I think we even had it on our witness list.

I think we need to hear from the diverse voices around Bill C-11. That would give us some time to look through the 20 submissions in the last two days and see if we have any others because of commercial content, because of the billion dollars. Then we can come back next week and we can submit our amendments to Bill C-11. How's that?

We need time because here are 20...and I've had commercial content, which is not in the bill. People are wondering what that's all about and I can't answer them on that. The minister couldn't really answer it. He talked about commercial content. We've asked him about it, but the minister couldn't identify what commercial content is when it doesn't even show up in the bill.

If we're going to do both of these.... I think we have two weeks left, Madam Chair, until the 23rd, and we can get it in. We can have Hockey Canada Monday and Wednesday and have our submissions after that. We can put it in on Wednesday or Thursday next week, and we can move ahead and do Bill C-11 properly. We've been here for four or five months now dealing with it. I think the government would agree we should not proceed with Bill C-18 at this point because we've not even done Bill C-11 right now. I say Bill C-18 because I thought the minister in his testimony on Monday got both bills confused. I just felt that we needed to buckle down.

Thank you, Mr. Julian, for all your support on Hockey Canada. I think it's much needed in this country for everybody who wants to play for Team Canada, men and women. I think we need to go ahead with that.

I agree one hundred per cent but at the same time, because we're dealing with Bill C-11 and so many submissions, I would like to have a little more time to get the submissions from people who have reached out to my office, in particular about commercial content. I can't answer them on that and I'm not sure you can answer them, Madam Chair, or anyone around here, because commercial content does not appear in Bill C-11.

How do I answer that when the minister couldn't answer that on Monday? That's why I'm a little reluctant to move on with Bill C-11, when I heard some stories coming out of Monday's meeting from the Minister of Canadian Heritage and his official Mr. Ripley.... In moving from $830 million to $1 billion, where does that come from? He mentioned YouTube once, so I'd like to know where the extra $170 million is coming from. Bill C-10 had $830 million and we've gone to $1 billion.

When I asked that question on Monday it was like, where did that number come from? I'm not sure we got the answer for that. I am hearing from stakeholders who want to know a little more information on the commercial content and I'm hearing about the $1 billion, about how the government is going to get a billion dollars out of Bill C-11 and what they are going to do with that. I think we need a little more time to flesh that out, if you don't mind, in the committee. I'm not filibustering here—

June 6th, 2022 / 4 p.m.
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Liberal

Pablo Rodriguez Liberal Honoré-Mercier, QC

I do, Mr. Julian. First of all, the CRTC, whatever it does in regulations, has to respect freedom of expression.

Second, the bill makes things very clear. It was there before in the original Broadcasting Act. We brought some other elements into this act. This is the sad part of the previous debate on Bill C-10, which took place on freedom of expression, which was an aside. It had nothing to do with the bill, and the entire debate happened on that, while the bill was about something else.

This bill does not attack freedom of expression. It's not about freedom of expression. It's about streamers that make a lot of money here, and to contribute to Canadian culture. That's it.

June 1st, 2022 / 5:55 p.m.
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Marla Boltman Executive Director, FRIENDS

Thank you. I'm going to switch to good evening now, Madam Chair.

Honourable members of the committee, thank you for inviting me to speak with you today.

I've had the pleasure of meeting some of you in advance of this bill's arrival at committee but for those I have not met, my name, again, is Marla Boltman, and I am the new executive director of Friends.

We have over 360,000 supporters, Canadian citizens from coast to coast to coast, who stand up proudly for Canadian culture in film, in TV, in music and in journalism, really in every space and place we can share our stories at home and abroad.

While I am new to the organization, I bring with me both a content production and entertainment law background, which for more than 20 years I have used to help advance the interests of those working in the Canadian cultural industries.

The last time my organization appeared before you to talk about Bill C-10 our name was Friends of Canadian Broadcasting. Today we are more simply called Friends. This is quite fitting because I'm not just here to talk about broadcasting. I'm also here as a friend of Canadian storytelling and Canadian cultural sovereignty, both of which will be affected by the work of this committee when this bill is adopted. I say “when” because I want to clearly and unequivocally state that, while it's not perfect, we support the adoption of Bill C-11 and believe it can be improved with some minor amendments.

One of the bill's imperfections lies in its silence when it comes to addressing the CBC's mandate. We are very disappointed by this, but a conversation about the modernization of our nation's public broadcaster clearly requires more singular attention, something that the government has committed to doing via Bill C-18, which we welcome.

In the meantime, I don't want to use these few minutes to give those who would like to see this legislation stalled any more reasons to pause, to prevaricate, to do nothing, because if we do nothing, how our stories are told, who gets to tell them and how Canadian audiences access these stories will all be decisions made by foreign tech giants, billion-dollar companies who have effectively been crashing on our cultural couch for almost a decade, paying nothing toward the structures and systems that allow Canadians to tell their own stories.

With the adoption of Bill C-11 we, as a country, will finally send a long-overdue notice to these foreign tech giants that their rent is due, but we cannot stop there. Bill C-11 must prioritize Canadian ownership and control of our broadcasting system as well as the content created to serve it. If it does not, these companies will not be paying us fair rent for the use of our home. Rather, their contributions may simply amount to a down payment on a broadcasting system that they could potentially own and control.

Our amendment to proposed paragraph 3(1)(a), jointly submitted with the Coalition for the Diversity of Cultural Expressions, is meant to address this ownership and control issue. As currently drafted, the language in proposed paragraph 3(1)(a) is a massive retreat of Canadian public policy. If we don't support our own media and preference over foreign media, then we are ultimately relegating ourselves to having no Canadian media at all.

We need only look to the decimation of the Canadian local news sector for a preview of what is to come if we do not take care of our media institutions, which is why support for Friends' amendment to proposed subsection 11.1(1), dealing with expenditure requirements, can lay the foundation for a stronger, more viable local broadcast news sector. It would help ensure that the cuts we've seen to local print outlets across Canada do not start coming to local radio and TV and that broadcasters have the resources to maintain quality local coverage.

In closing, I would like to remind this committee that the modernization of the Broadcasting Act isn't just about protecting industry and jobs. It's what Canadians want, Canadians who have sent a clear message to Ottawa that streaming platforms should contribute to Canadian storytelling and reflect our stories back to us. They think this is fair and we agree.

Thank you for your time and consideration on this incredibly important matter.

I am happy to answer any questions you have.

May 31st, 2022 / 8:35 p.m.
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Wendy Noss President, Motion Picture Association-Canada

Madam Chair and members of the committee, thank you for the opportunity to offer you the perspective of the members of the Motion Picture Association-Canada. These include Disney, Netflix, NBCUniversal, Paramount Global, Sony Pictures Entertainment and Warner Bros. Discovery.

Global studios train and provide well-paid opportunities for 200,000 of Canada's talented creative workers. Our investment here has grown to $5 billion a year, more than half of all production in Canada. We help finance new infrastructure, stages, VFX and animation studios across the country. Our work is economic fuel for more than 47,000 Canadian businesses a year. We invest in cleaner production and are leaders in environmental sustainability. We're proud supporters of Canadian cultural organizations and are committed to advancing equity and diversity, representation in front of and behind the camera and amplifying under-represented voices and untold stories.

Global studios are crucial partners of Canadian producers. We account for 15% of the financing of all Canadian-owned content last year. That's more than Telefilm and CMF combined. Thanks to the opportunities presented by global streaming services, the films and shows made here are seen by more people and in more places around the world than ever before. This is a story of extraordinary mutual opportunity and plenty of room to grow.

Let me turn to Bill C-11. To put our interest in perspective, our studios and streamers offer a wide variety of content in both free-to-consumer and subscriber streaming services from the global entertainment of Netflix, Disney+ or Paramount+, to Hayu's all reality show format or Sony's Japanese anime service, which is so popular across the Francophonie. When Bill C-10 was introduced, we supported the important thought at the heart of the bill: a flexible framework to determine how online undertakings can best contribute to Canada. With Bill C-11, we continue to support the government's drive to modernize policy and create a flexible, world-class broadcasting system.

We offer a few key amendments to help the bill deliver on these ambitions, described more fully in our submission.

First, new powers were intended to extend the concept of mandatory carriage in the cable system to online services like Apple TV or Roku, which offer third party channels. The current drafting language, however, goes far beyond that intention. It must only be limited to online undertakings that offer the programming services of others.

Second, we applaud Minister Rodriguez for confirming that he will direct the CRTC to modernize how a Canadian program is defined. Our simple amendment would make it explicit that the CRTC must consider the full range of policy objectives in establishing this new approach, with no one single factor being determinative.

Third, we recommend changes to clarify inconsistencies in the broadcasting policy objectives, ensuring that the CRTC considers the different nature of various streaming services and the fact that global, not just Canadian, undertakings will now be included in the regulatory system.

In addition to these amendments, we have raised policy approaches relating to discoverability and the importance of encouraging competition, innovation, consumer choice and affordability. We hope these will be advanced in the policy direction and CRTC proceedings that follow.

In this rapidly evolving market fuelled by new technology, Canadians will be best served if you reject the calls to look backward and impose the same obligations on global online undertakings as Canadian broadcasting groups, or enshrine rigid, old approaches to defining Canadian content in legislation. Our members contribute to Canada in so many ways, but the business models of global streaming services are fundamentally different from those of Canadian broadcasters and certainly different from broadcasters in the 1970s, when these rules on Canadian content were developed.

While many are asking you to make amendments to reduce flexibility, it's time for policy that leans into a more modern definition of creativity and offers global players the flexibility to contribute to all Canadian goals—cultural, social, environmental and economic. A fresh look and a wider lens will mean incredible opportunities for a lot more talented Canadians in the future.

Global productions allow Canadians to work at the top of their craft and achieve worldwide success. Talented Canadians who want to stay in Canada, develop their skills and help create stories that resonate with audiences around the world need this policy to be flexible and adaptive.

Thank you for the opportunity. I look forward to any questions.

May 31st, 2022 / 7:45 p.m.
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Conservative

John Nater Conservative Perth—Wellington, ON

Now, in the previous incarnation of this—Bill C-10—there was a policy directive that was released, at least a draft version, prior to Bill C-10 being passed, though it obviously did not receive royal assent. That was done. Is that correct?

May 31st, 2022 / 5:50 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Thank you, Madam Chair.

As I was saying that because of this discrepancy that exists between what Mr. Scott testified on May 24, 2022, and what the charter statement says, I am asking that this committee members consider the motion that is before them, which of course would ask for a revised charter statement with regard to Bill C-11, and that it be granted to this committee as soon as possible.

Of course, I am also asking that we hear from the Minister of Justice and the Minister of Canadian Heritage, along with any officials they feel might be necessary.

Now, let me jump into my proof of point here as to why this motion is so important—not the motion itself, but what it's calling for.

The action that the motion is insisting we take is so important because we have two different authoritative sources with two very different interpretations of this legislation and of the impact that it is going to have on Canadians, and Canadians deserve clarity. Those individuals who exist as digital first creators, for example, here in Canada, deserve to know: Are they as individuals generating content captured by this bill or are they in fact exempt? They deserve that clarity. That is what I'm asking for today.

I'll take you to the transcript from committee in May with Mr. Scott. At that committee, I said this:

Bill C-11 does, in fact, leave user-generated content open to being regulated by the CRTC. I recognize that there have been arguments against this. However, Dr. Michael Geist has said, “The indisputable reality is that the net result of those provisions is that user generated content is covered by the bill.”

Jeanette Patell from YouTube Canada has said, per The Canadian Press,“the draft law's wording gives the broadcast regulator”—in other words, you—

—that is, meaning those in the room at the time—

—scope to oversee everyday videos posted for other users to watch.”

Scott Benzie, from Digital First Canada, has said, per the National Post, “while the government says the legislation will not cover digital first creators, 'the bill clearly captures them.'”

Madam Chair, my point was this at that committee: I was raising attention or raising the alarm bells and showing that we had Dr. Michael Geist, Jeanette Patell, and Scott Benzie all saying that the user-generated content of digital first creators would in fact be captured by this bill.

Now, we have since heard from many other witnesses at this committee that this is in fact their understanding of this legislation as well. Mr. Ian Scott believes otherwise—or, sorry, he agrees, actually. Sorry, he does agree. The minister is the one who is trying to argue otherwise.

When I posed that question, then, to Mr. Scott, at that point in time, back in May at this committee, he said:

As constructed, there is a provision that would allow us to do it as required, but if I could just quickly respond to the general tenor of those comments, that's all true today. We could do any of those things today under the Broadcasting Act.

It's very interesting. He's affirming that user-generated content is in fact captured by this piece of legislation, and that the CRTC can in fact put so-called provisions in place that would apply to those who generate online content as individuals.

After Ian Scott responded, I said the following:

My question for you, then, is this. Isn't the point to modernize it? Why would we keep that so broad by keeping proposed section 4.2 in the current bill? Why wouldn't we remove that?

Mr. Scott responded by saying:

With respect, it's not our place to make recommendations about the definitions in the legislation. What I would answer is that there should be a higher degree of trust in relation to the commission's future actions. It's demonstrated, as I said, by 50 years of broadcast regulation. We have never interfered in individual content.

Madam Chair, what I find interesting about Mr. Scott's statement on that day are a couple of things. One, he is, in fact, affirming that yes, user-generated content is caught within the scope of Bill C-11 and that the CRTC can, in fact, regulate individuals who are posting information online.

In so many words he goes on to say that Canadians just need to trust us. That's the problem; they just need to trust us. We shouldn't worry about putting it in a legislative document. We shouldn't worry about making sure that the provisions are concrete and drafted in legislation. Canadians should just trust us.

My thought and the thought of many of those who I am standing for here today, is why should we just trust them? Isn't this the point of putting legislation in place and going through this process? After all, we are at this committee because we are discussing Bill C-11, and we are currently hearing from witnesses. From there we will go into discussing the piece of legislation clause by clause.

Throughout this journey, it is our responsibility as legislators to understand this bill to the greatest extent possible. It is our responsibility to make sure that it is for the common good and that it will serve Canadians well. When the language is purposely left vague, which is what Mr. Scott is pointing to there, that should be alarming for everyone. No matter what your political colour is, no matter your political stripe, that should be alarming.

Those at this table should wish to have very black and white legislation to the greatest extent possible. It should not be left up to the CRTC to determine to what extent it wants to function within the realm of this legislation, apply it or not apply it. That should be clearly directed by this legislation.

Innovation takes place most readily in environments where regulatory schemes are known, where investors and creatives can have confidence in legislators and in the process followed. By leaving Bill C-11 grey in this area and by allowing the words of Mr. Scott, which are contrary to the words of the minister, Mr. Rodriguez, to just hang there, we are then, in fact, reinforcing this lack of safety and security that investors and creatives are so looking for.

It's not just about them; it is also about every single Canadian who ever posts something on YouTube, TikTok, Twitter or any other platform of their choice. Canadians deserve to know. Will their individual content be captured by this bill or will it not be? Right now, the minister says no, but Mr. Scott says yes. At the end of the day, Mr. Scott is going to be the one put in charge of making sure that Bill C-11 is put into practice. My interpretation is that certainly those individual creators—again, I would say any Canadian—who has posted or plans to post online has great cause for concern with regard to this legislation and the way that it could impact them. As we heard from Mr. Scott, they are, in fact, captured by Bill C-11.

However, I would like an opportunity to hear from the justice minister with regard to his thoughts on Bill C-11 and whether it captures user-generated content. The way we would pursue that is by seeking out a charter statement. That charter statement would then be put together. It is an official document that would outline whether Bill C-11 is in fact compliant with the charter and whether it does in fact capture user-generated content, which is, in other words, the material that individual Canadians post online.

It would allow us, as a committee, to move forward in the direction that we need to. In other words, either we accept the bill as it is or we propose amendments that would help to strengthen it and allow for certainty among individual Canadians and especially among digital-first creators.

Again, I would present to this committee that this is a reasonable request, based on a few things.

First, it's similar to a request that was put forward after changes were made last spring to Bill C-10, the predecessor to this bill.

Second, it is always in the best interest of legislators to have the greatest degree of clarity as possible, so that they are making good decisions on behalf of Canadians.

Third, we have heard from many witnesses at this committee since Ian Scott spoke and they, too, have raised this concern that user-generated content is in fact captured.

I'm not just talking about individuals with opinions, I'm talking about individuals with legal backgrounds. I'm talking about people like Peter Menzies, who is a former CRTC commissioner. I'm talking about Dr. Michael Geist, who is an expert in this subject area and a professor and a lawyer. I'm talking about individuals from the Internet Society, who have decades of experience with this material and who have far more letters behind their names than I do.

Having that testimony on the record and having this discrepancy between what is in the charter statement and what Mr. Ian Scott, the chair of the CRTC, has said, does require clarity. The best way to get that is by asking for that.

Some people might be saying that they didn't see the charter statement. That's okay. It's no problem. I'll familiarize you with it.

We do have access to it. It is online. This was tabled in the House of Commons on April 1, 2022. I would encourage my fellow colleagues at this table to read it. The purpose of the charter statement is as follows:

Section 4.2 of the Department of Justice Act requires the Minister of Justice to prepare a Charter Statement for every government bill to help inform public and Parliamentary debate on government bills. One of the Minister of Justice’s most important responsibilities is to examine legislation for inconsistency with the Canadian Charter of Rights and Freedoms [“the Charter”].

The point of this statement is to look for any inconsistencies or incongruence. It is, in fact, the Minister of Justice's responsibility to make sure that has been done.

I would argue it's his responsibility to make sure that has been done, not just when the original legislation is tabled, but if any changes are made to that legislation through the process or if any authoritative voices would challenge that charter statement, particularly in this case, when you have the chair of the CRTC, who will be implementing Bill C-11. If he is unclear or misunderstanding the intent—

May 31st, 2022 / 5:45 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Thank you, Madam Chair.

As I was saying, I've moved this motion asking for a new charter statement. You will see that it's a really reasonable motion. I'm saying that this be done as soon as possible. I'm saying that we're going ask the justice minister to do that, and that we invite the Minister of Justice and the Minister of Canadian Heritage, accompanied by relevant departmental officials. We're going to have them appear before this committee, again, as soon as possible, in order to discuss that revised charter statement. All of those things seem appropriate and in order.

What I was saying before Mr. Julian interrupted me was that the point of this motion is that we have a charter statement in front of us that says that user-generated content is not captured by Bill C-11, but we have the chair of the CRTC, who, on May 18, 2022, said that it is captured by this piece of legislation, so the two are not congruent. In order to clarify that in a legal framework, we do require a new charter statement.

The committee will recall that we came to a similar predicament with Bill C-10. We were debating that piece of legislation in the spring of 2021. This is, of course, the former Bill C-11, the predecessor to the current bills. We were debating that piece of legislation in the spring of 2021. What happened was that the members of the Liberal Party who were on this committee at the time made amendments to that bill, and they took out a section that protected individuals who use online platforms to post their content. Having taken out that clause, it significantly changed the piece of legislation, and because it significantly changed the piece of legislation, a new charter statement was then required.

There was a motion moved at that time that is very similar to the motion I've presented today. The committee members at that time were very reasonable and agreed to it, so a new charter statement was, in fact, drafted and considered by the committee.

Similarly, we find ourselves in a situation where information is not fully aligning, so we need clarification. Now I—

May 31st, 2022 / 4:35 p.m.
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Carol Ann Pilon Executive Director, Alliance des producteurs francophones du Canada

Thank you, Madam Chair.

Good afternoon.

Thank you for the opportunity to contribute to the process leading to the necessary passage of Bill C‑11.

My name is Carol Ann Pilon. I am the executive director of the Alliance des producteurs francophones du Canada, or APFC, an organization that brings together independent French-speaking producers in Canada's official language minority communities.

For more than 20 years, the APFC has been working to help the French-language screen industry thrive and gain exposure in Canada and abroad. Our mission is to showcase the outstanding content our members produce, and advocate for its cultural and economic significance by engaging with policy-makers to ensure the expression of diverse francophone voices across the country.

On February 2, the APFC welcomed the historic scope of Bill C‑11 and its impact on Canada's audiovisual ecosystem. The APFC was especially pleased to see the return of the requirement to formally consider official language minority communities, which will apply to the entire broadcasting system going forward.

The pressure on the audiovisual sector is growing, as is the inequity. Foreign production is on the rise, more and more people are unsubscribing from traditional services, online consumption has skyrocketed since the pandemic, and the companies benefiting from that growth still don't have to make a significant contribution to Canadian expression or the objectives of Canada's broadcasting policy.

If the goal is to establish a system that is truly inclusive, fair and diverse, the government must move swiftly to regulate any company carrying out broadcasting activities, in whole or in part, in Canada. That includes social media and telecommunications companies.

The APFC is a member of the Coalition for the Diversity of Cultural Expressions, whose representatives the committee heard from last week. We agree with the measures the coalition is recommending to make Bill C‑11 a better piece of legislation.

One of those recommendations is to bring back the terminology used in Bill C‑10. In particular, the expression “official language minority communities” should be reinstated in Bill C‑11, which instead refers to “English and French linguistic minority communities in Canada”.

There is absolutely no denying the minority context of French in North America, but in recognizing that fact in Bill C‑11, the government has created ambiguity about the meaning of the expression “French linguistic minority communities”. It could be interpreted to include francophones in Quebec, who obviously make up the majority in that province, and the provisions in question would then apply accordingly.

Keep in mind that Canada's broadcasting system is based on two language markets, English and French. The possibility of francophones in Quebec being considered a linguistic minority community could undermine the recognition and legitimacy of the two language markets.

Not only would that be unacceptable, but it would also represent a detrimental step backward for the rights of minority francophone communities and Canada's entire francophone population.

The way to avoid all ambiguity is simple. Bring back the term “official language minority communities”, and add a definition making it clear that the term refers to English-speaking communities in Quebec and French-speaking communities outside Quebec.

Similarly, we want the term used in Bill C‑10 “original programs in French” to replace the term currently used in Bill C‑11 “original French language programs”. This change would ensure that original content dubbed into French or containing French subtitles was not confused with original content that was originally produced in French.

The APFC also supports the amendments proposed by the Association québécoise de la production médiatique and the Canadian Media Producers Association. The amendments are aimed at ensuring that Canada's independent producers are able to negotiate fair and equitable commercial agreements for the content they develop and produce. Most of the independent producers the APFC represents are small and medium-sized businesses. If left to their own devices, they would have no leverage in dealing with the major broadcasting groups and foreign online companies, the broadcasting gatekeepers that make billions of dollars in profits every year. It is paramount that the CRTC step in to offset and regulate such a glaring imbalance to give Canadian companies the ability to own their own content and grow over the long term.

The modernization of the Broadcasting Act has been a long time coming, and the bill can still be passed at third reading before the House of Commons rises. Let's make sure the bill is grounded in reality.

Thank you.

I would be pleased to answer any questions you have.

May 31st, 2022 / 12:50 p.m.
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Conservative

John Nater Conservative Perth—Wellington, ON

I guess that goes back to my comments.

The estimates are fundamentally still one of the most important aspects of our parliamentary system. We have not yet heard from the minister.

When this government was first elected, the indication was that ministers would be made available to committees. I think there are a few things more important than the estimates in normal times. Today was our deadline. The fact that the Minister of Canadian Heritage has not seen fit to join us at this committee to review the estimates is unfortunate.

Thankfully, the leader of Her Majesty's loyal opposition has this committee's back and has provided us with some time to extend the estimates so that we can hear from the minister. The minister needs to be here. The fact that he hasn't been here yet is exceptionally unfortunate. Those are my comments on that. I hope that those from the minister's office are listening to this and will see fit to ensure that the minister makes himself available to this committee before our extended deadline so that we can review the estimates and report back to the House of Commons, as is our duty.

Going back then to our question at hand, which is the deadline for amendments. We said that we would have 20 hours of testimony. I believe by the end of this week, we will be at 19. We have at least one more hour next week. We haven't heard from all of the witnesses. We don't yet even know who we're hearing from later in the week, in terms of our Thursday witnesses. It takes some time for any party, us included, to come to a discussion among our colleagues—both those on the committee and elsewhere—and decide what types of amendments and suggestions we are going to come forward with.

I don't need to remind anyone on this committee about the challenges that were faced by this committee in the review of Bill C-10. There were things that were rushed, that were voted on and were removed during the clause-by-clause and the amendment process, which made it quite unfortunate.

I'm going to reinforce—I know Mr. Uppal wants to share a few words—that we are not in a position to commit to a deadline for amendments today. I'm not saying we will never be in a position to do that, but today we are not willing to make a deadline of this Friday for amendments to this bill. That's our position.

I know Mr. Uppal wants to make some comments. I might come back with more comments later.

May 31st, 2022 / 11:40 a.m.
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Liberal

Anthony Housefather Liberal Mount Royal, QC

Thank you very much.

I have a quick question for Mr. Denton.

Mr. Denton, I'm referring to a Financial Post article where you refer to the guiding principles on diversity of content online, which is essentially the policy document associated with Bill C‑10. You called it “totalitarian”, and you essentially compared it to communist Russia under Brezhnev.

Is your feeling that Bill C‑11 is also leading to a totalitarian state similar to communist Russia under Brezhnev?

May 31st, 2022 / 11:35 a.m.
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As an Individual

Philip Palmer

First of all, there is nothing that distinguishes Bill C-11 from Bill C-10 in terms of the constitutional issues that are raised, and there's nothing that makes Bill C-11 more constitutionally acceptable.

The uncertainty that this is going to lead to is that it will hang over the system until the Supreme Court has spoken. The question is really, who is going to then challenge federal jurisdiction over broadcasting? I can't predict who that will be, but it's likely to be some Canadian domestic player that has enough means to finance itself, but not enough means to.... I don't believe the large players are going to be the people who are going to challenge.

May 31st, 2022 / 11:35 a.m.
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Conservative

John Nater Conservative Perth—Wellington, ON

Thank you so much, I appreciate that.

I want to turn to Mr. Palmer and use some of your expertise as a justice department lawyer for several decades. You wrote an article in relation to the former Bill C-10, called “C-10: An Unconstitutional Power Grab”. One of the lines used in there was:

Years of litigation and uncertainty will be the inevitable result of the legislative overreach of the federal government under the guise of broadcasting legislation.

I want to ask you whether you believe this is still applicable to the current Bill C-11 and what you foresee happening in the months, years and decades to come after the implementation of this bill? What types of challenges do you see from a legal standpoint or a constitutional standpoint going forward?

You touched on it a bit in your opening comments, but if you could expand on that, I'd appreciate it.

May 30th, 2022 / 6 p.m.
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Liberal

Chris Bittle Liberal St. Catharines, ON

Based on that, and we talked about it last time you were here, in all of your social media, in all of your advocacy, you are pretty much just anti-C-10 and anti-C-11. You don't advocate for better working conditions and you're taking money from tech giants. Why should we listen to anything that you have to say, especially in light of the fact that the vast majority of Canadians on these platforms are making zero dollars, and 60% of those who are eligible are making less than $10,000, which is far less than traditional artists? You're representing a system that—

May 30th, 2022 / 5 p.m.
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Conservative

John Nater Conservative Perth—Wellington, ON

I appreciate that. I'm sure we'll find someone who can comment on that.

I have one last question on this matter, and hopefully I still have time, Madam Chair.

In the lead-up and following Bill C-10, one of your major criticisms was that digital first creators hadn't been part of the process, hadn't been involved and hadn't been consulted. I want to know what types of efforts have been made thus far to engage with digital first creators. You also mentioned that you want the legislation to say what the minister promised—that user-generated content won't be included.

Would simply removing proposed section 4.2 achieve that, or would there be other types of amendments you'd like to see to ensure the legislation reflects what the minister says on it?

May 30th, 2022 / 4:40 p.m.
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Executive Director, Canadian Association of Community Television Users and Stations

Catherine Edwards

For Bill C‐10, we asked that the “community element” be defined firstly by not-for-profit ownership and secondly by participation by the community in the production process. The second part was adopted, but “not-for-profit” was not. We were told that an exclusively not-for-profit definition put into question the status of the few remaining cable community channels.

We propose a compromise, which is a definition of the “community element” that includes but is not limited to not-for-profit community media organizations. Whatʹs important is that community-owned TV and radio stations be recognized in the act as a viable, democratic and sustainable model of broadcasting.

Second, the community element is often overlooked in policy‐making. We believe this is because there's a lack of specificity in the Broadcasting Act regarding its role. Therefore, in C‐10, we proposed a slight rewording to paragraph 3(1)(r) of the 1991 act, which describes the role of alternative programming services. The section closely described what the community element does, yet had never been used in CRTC policy-making, to our knowledge. We were told this amendment did not pass for three reasons.

First, we repeated the term “not-for-profit”. We have now taken that out, since it will already have been mentioned in the definition of “community element” if our first amendment is adopted. Second, we used the term “platform”, which we were told isnʹt defined elsewhere in the act. We have taken it out. We mentioned the importance of archiving community-generated content. We were told that it was outside the scope of the Broadcasting Act, so we have taken it out.

We hope you can support this revised description of the role of the “community element”, which will guide the CRTC in its work.

In closing, we rely on your understanding as parliamentarians of the importance of a local accountable media for smaller communities and minorities, whose voices sometimes do not fare well when lobbying at the CRTC. For this reason, we seek these amendments in law. Community media must be recognized as an essential part of the democratic infrastructure of Canada to ensure vibrant, inclusive, democratic and civic coverage throughout our country.

Thanks so much for your time.

Bill C-18—Time Allocation MotionOnline News ActGovernment Orders

May 30th, 2022 / 12:20 p.m.
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Bloc

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

Madam Speaker, I will rephrase my question. I was giving a passionate speech, and I did not know whether I had 60 seconds to ask my question.

We obviously want to have a solution.

The solution is what is proposed in Bill C‑18, which incorporates certain aspects of bills C‑10 and C‑11. The groundwork has been laid, and this should be acknowledged.

My questions are as follows: What is going on? What can we tell our constituents?

As it stands, we have had only two hours of discussion and debate on such an important bill. I expect to hear an answer from my colleague across the aisle, because this is not the first time this has happened, and my hunch is that it will not be the last. I would like an explanation.

Bill C-18—Time Allocation MotionOnline News ActGovernment Orders

May 30th, 2022 / 12:10 p.m.
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Liberal

Pablo Rodriguez Liberal Honoré-Mercier, QC

Madam Speaker, with all due respect, I would tell my colleague that the bill she is referring to is the former Bill C‑10, which is now Bill C‑11.

Today we are talking about a different bill, Bill C‑18, on which we are generally working quite well with my Bloc Québécois colleagues, and in particular the member for Drummond, who is the Bloc Québécois's heritage critic and who works very hard and very diligently on everything that he does, including as a member of the Standing Committee on Canadian Heritage.

I thank the Bloc Québécois for highlighting the freedom of the press and for emphasizing that the media must be independent and that print media must be strong and autonomous. That is precisely the purpose of Bill C‑18, which would enable the media to not only survive but also succeed. The bill would also ensure that the media is strong not only in major cities, but also in the regions. We are talking about media in all forms, big, small, print, radio or television.

Together, all these forms of media help strengthen our democracy. Journalists representing these media outlets ask us tough questions here, questions that we sometimes do not want to answer, but it is our job to do so. That is why we need to ensure that these media outlets survive and grow even stronger in the future.

May 24th, 2022 / 4:20 p.m.
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Campaigns Director, OpenMedia

Matthew Hatfield

Yes, I think perhaps the minister needs to discuss this with the CRTC and get his facts straight. As people know, it's been a long and frustrating conversation we've all had around Bill C-10 and C-11. I wish we could have clarified the fact that user content was in earlier. I think we all could have had a higher-quality discussion if we'd all been on the same page on that, as we now are.

In terms of telling us that we should just be trusting the history of the CRTC I think no, several times over. No, in the sense that our recent organizational experience with the CRTC has not been that we can trust them to always have the public's interest at heart. People who follow our access campaigns will know that we have a lot of concerns about who the CRTC is listening to when it comes to getting affordable Internet to Canadians and whether it's really their top priority to do that.

Certainly just as a matter of legislation, how do we go about justifying legislation as just “trust the regulator” and just trust that it will work out? That's a very poor standpoint for us to be setting out here. We think that it is incumbent on you as MPs to do better than that and to give more specific restrictions and clarifications to the CRTC as they move forward with anything here.

May 24th, 2022 / 3:25 p.m.
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Campaigns Director, OpenMedia

Matthew Hatfield

I think that connects to, in a sense, what we're hearing from the other witnesses here. We're hearing a lot about revenue and the struggle of being in the industry. I don't think we're considering enough what it's like to be a Canadian Internet user and what people want from their services. Do people want to have a quota imposed on their content where, when I search for cats, 30% Canadian cats must appear in my feed? I don't think people want that.

I think people have an interest in making sure that there is some support available for the production of Canadian culture, but they don't want it crammed on them. They don't want it forced into all their search results. They don't want it forced into all their feeds. The reality is that the majority of the uses people make of the Internet today are not parochial. They're not focused on exclusively Canadian concerns. They are about connecting to a whole global community around many different things.

I don't know if we're speaking past each other or circling the same thing, but I think that Canadians ultimately want something that expands their choice, not that limits their choice. The kind of really heavy-handed provisions in Bill C-10 and, to a degree, in C-11 as well are still here and are about limiting peoples' choices. They're about manipulating the options that people get.

As I said in my opening remarks, we would never consider a situation where the Canadian government would go to Canadian bookstores and say, “We've thought about what Canadians need, and these are the types of titles we want you to put in your front window.” However, through the discoverability requirements we have in this legislation, that seems to be what we're doing through this legislation. It's inappropriate. It's an overreach. If we're supporting Canadian content, it needs to be in ways that are respectful of and responsive to what people in Canada want.

May 24th, 2022 / 3:15 p.m.
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Director, Institutional Affairs and Research, Association québécoise de l'industrie du disque, du spectacle et de la vidéo

Marie-Julie Desrochers

I wouldn't want to assume that there's a lack of understanding on their part.

Regardless, a mix of factors come into play. For years, I have been preparing CRTC submissions to advocate for Quebec's music industry, particularly when it comes to French-language music. What that experience has taught me is that the CRTC makes its decisions very carefully and that they are always based on evidence and facts. That is the approach it takes in regulating the industry.

I have never seen the CRTC set out rules that were completely out of step with the reality or consumer habits. The system is built on consumer behaviour.

Today, only 8% of our music is streamed, which is a paltry, marginal proportion. It's devastating to us. We know full well that the CRTC won't decide overnight that the proportion has to go up to 65%. The CRTC examines the situation before making decisions.

The platforms have the power to make an artist's career, just like radio or television. They have the ability to take an artist, help kick-start their career and put their music on the map by giving the public an opportunity to discover it. We have always seen that in Quebec. It's the same for platforms. They know what tools they have, and they know what works. When they appear before the CRTC, they can explain what the best tools and methods are. We can all work together to learn the best ways to regulate practices.

What matters at this stage is ensuring that the bill remains flexible. It has to be technology-neutral because we will be living with it for years, even decades, to come. We can't predict what the future will bring.

TikTok emerged after Bill C‑10 died on the Order Paper and before Bill C‑11 was being considered. The place of TikTok has completely changed in a few months.

Who knows where we'll be in 10 years. That is why the bill needs to be as technology-neutral as possible.

May 24th, 2022 / 3:10 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Thank you, Madam Chair.

It is now my turn to thank the witnesses, who were kind enough to make time for us in their schedules. We certainly appreciate it.

Ms. Desrochers and Ms. Paré, thank you for being here today.

One of the issues that keeps coming up in our discussions on Bill C‑11 is the place of creators on digital platforms. That was also true when we were studying Bill C‑10 last year. Obviously, this is something you keep a very close eye on.

The bill contains amendments that would affect platforms such as YouTube and TikTok, in particular, new section 4.2. It has gotten a lot of attention and is being hotly debated.

What do you think of that new section and the proposed amendments?

Are you concerned?

I'd like to hear your comments on that.

May 24th, 2022 / 3:10 p.m.
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Executive Director, Quebec English-language Production Council

Kirwan Cox

I would just add that Bill C-11, like Bill C-10, provides tremendous support for the production of official-language minority programming. It also requires that the CRTC pay close attention and consult with us on the question of what kind of programming we should be doing. It's a tremendous step forward and gives us a great step up in terms of where we otherwise would be in trying to reverse the decline we have been facing.

That's about it.

May 24th, 2022 / 3 p.m.
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Liberal

Anthony Housefather Liberal Mount Royal, QC

Thank you so much, Madam Chair.

I will give Kenneth a chance to elaborate on that right now.

I very much want to thank the witnesses. It's a real pleasure to have them here.

Kenneth, I'm going to come back to you because last time, for Bill C-10, we worked very hard to get a considerable number of amendments into the bill to support both the official-language communities of Canada and the francophone majority in Quebec. We worked collaboratively with all of the different organizations involved to make sure we had the right wording and the right definitions.

I'm not sure whether my fellow member Mr. Champoux recalls, but we all worked together to find definitions in English and in French that had the same meaning in both languages. Now I realize that we have a problem: the English says one thing, but the French doesn't say the exact same thing. Certainly, the committee has a duty to try to find the right definition in both languages.

Kenneth, could you just advise everybody what the other organizations are besides the QEPC that support that change to revert back to the language we used in Bill C-10: “official language minority communities” and “communautés de langue officielle en situation minoritaire”?

May 24th, 2022 / 2:45 p.m.
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Kenneth Hirsch Co-Chair, Quebec English-language Production Council

Thank you, Kirwan.

I'm Kenneth Hirsch, co-chair of the Quebec English-language Production Council.

That said, we do have concerns with the terminology used in Bill C-11. We want to be sure that the language in the act is clear and unambiguous. The nomenclature that appeared in Bill C-10, “official language minority communities” in English, and “communautés de langue officielle en situation minoritaire” in French, has been replaced in Bill C-11 by the expression “English and French linguistic minority communities” in English, and “minorités francophones et anglophones du Canada” in French.

Thus, the French version of the new wording proposed in Bill C-11 removes the word “community”, which is an important concept for organizations working for these communities and distinguishes them from the majority. To avoid these problems, we would propose that Bill C-11 should return to the term originally used in Bill C-10, which we prefer: “official language minority communities”, and in French, “communautés de langue officielle en situation minoritaire”.

In addition, Bill C-11 should expressly define these minorities as English-speaking communities within Quebec, and French-speaking communities outside Quebec.

We thank you for your time and look forward to your questions.

May 24th, 2022 / 2:45 p.m.
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Kirwan Cox Executive Director, Quebec English-language Production Council

Thank you.

Ladies and gentlemen of the standing committee, thank you for giving us this opportunity to meet you and express our support for Bill C-11, which is desperately needed and long overdue. We hope Parliament passes this legislation as soon as possible.

I am Kirwan Cox, and my colleague is Kenneth Hirsch, from the Quebec English-language Production Council. We represent the English-language film, TV, and media production industries in Quebec. Our objective is to increase the production of films and television by the official language minority in Quebec, which, unfortunately, is now at its lowest level in history. QEPC strives both to increase the vitality of English programming in Quebec and to support Canadian content in both official languages across the country.

Today, we will focus on the official-language minority elements of the act. We are very pleased to see that the official-language minority measures adopted by this committee in Bill C-10, and passed by the House of Commons, have again been proposed by the minister in Bill C-11.

Not since the original Official Languages Act was passed over 50 years ago has any legislation been more important to the vitality, if not the survival, of both official-language minorities than Bill C-11 as now written.

We hope you will support these measures that are so important to us, to our French colleagues, and to the larger Canadian cultural sector.

May 24th, 2022 / 2:40 p.m.
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Matthew Hatfield Campaigns Director, OpenMedia

Thank you.

Good afternoon. I'm Matt Hatfield and I'm the campaigns director at OpenMedia, a grassroots community of over 200,000 people in Canada who work together for an open, accessible and surveillance-free Internet.

I'm speaking to you from the unceded territories of the Stó:lo, Tsleil-Waututh, Squamish and Musqueam nations.

OpenMedia is not made up of academics or lawyers. We're a citizens' group. I'm here today to ask that you ensure that the online streaming act respects the choices and freedom of expression of ordinary citizens.

The Internet works nothing like traditional broadcasting. I say that knowing full well that we're gathered to discuss a Broadcasting Act reform bill that would give the CRTC, a broadcasting-era regulator, the power to treat Internet content as if it were broadcasting. However, holdover ideas from the radio and television era are the reason for the deep confusion you've run into as a committee in trying to keep Bill C-11 and its predecessor, Bill C-10, from seriously overstepping the government's intent.

Traditional broadcasting was a top-down system in which the wishes and preferences of Canadians could not be directly expressed. Our only choice was to watch what a broadcaster chose to air on a few dozen channels, or not to watch at all. No one gave us a chance to share our own thoughts and voice, outside a few proud local community stations with limited reach.

The Internet is utterly different from that. Every day, we each make hundreds of choices among millions of channels and pieces of content online. Many of us take on the next step and share our words, jokes and passions back into that system through the same distribution platforms. We're not passive recipients of the Internet. We're active participants in crafting the feeds we want. We follow the individual creators we like and we use platforms like Patreon or YouTube to earn revenue from our fellow Internet users.

Treating the broadcasting system and the modern Internet as fundamentally similar would seem like a joke if the consequences were not potentially so serious.

We've heard for over a year that Bill C-10 and Bill C-11 would never regulate user content. Minister Guilbeault's team pretended that excluding users personally as legal entities meant their content was safe from CRTC regulation. That was untrue. Minister Rodriguez's team is telling us that they've fixed it and that user content is now excluded, but last week CRTC chair Ian Scott confirmed that this is not true and our content is still subject to CRTC regulatory control under Bill C-11.

You need to fix this. We understand that the CRTC believes it has always had the power to regulate our user audiovisual content online. That's a theoretical position and it doesn't matter very much to ordinary Canadians. Concretely, you are now considering a bill through which the CRTC will explicitly take up and use very broad regulatory powers that it has never exercised before over the Internet. The minimum safeguard you must adopt would be ensuring that user-generated content is fully, plainly and definitively excluded from CRTC regulation.

Proposed subsection 4.1(2), which reincludes most of our online user content in the CRTC's control, is the heart of the problem. The three criteria laid out do not meaningfully protect any of our content. More or less, everything earns revenue online, everything has unique identifiers attached to it, and all major online platforms are going to be broadcasting undertakings registered with the CRTC.

All we're really getting from the government right now is a flimsy promise that the CRTC won't misuse this astonishing extended power and a policy direction that they won't even let Canadians see yet. That's not good enough. Policy directions can be changed at will, which means that at any time, a future government could issue new CRTC guidance requiring they regulate our posts directly.

Our online rights must be legally entrenched, not informally promised. Canadians need proposed subsection 4.1(2) to be removed altogether, or much more definite limitations to be placed on it. You must clearly exclude all of our podcasts, TikToks, YouTube channels and social media posts from this bill. Leaving this dangerous loophole clause this wide open is not responsible. It's leaving a door ajar for future mass censorship of Canadians' personal online expression.

While respecting the content we produce, our government must also respect our right to freely choose the content we consume. We would never tolerate the government setting rules specifying which books must be placed at the front of our bookstores, but that's exactly what the discoverability provision in proposed subsection 9.1(1) of Bill C-11 is currently doing. Manipulating our search results and feeds to feature content that the government prefers instead of other content is gross paternalism that doesn't belong in a democratic society. Any promotion requirement on platforms for government-selected CanCon should respect our choices and limit itself to optional or opt-in results, not mandatory quotas.

People in Canada are looking to see whether public officials like yourselves are going to defend our fundamental rights. Since last year, OpenMedia community members have sent over 53,000 individual emails to our MPs and the Department of Canadian Heritage on Bill C-10 and Bill C-11.

While our community is interested in seeing Canadian stories told in the 21st century, it cannot come at the price of a blank cheque to the CRTC to take regulatory authority over our audiovisual posts, or having the government decide what we should be watching and listening to. We urge you to fix Bill C-11's overreaching on both these fronts before the bill leaves your hands.

Thank you. I look forward to your questions.

May 24th, 2022 / 1:35 p.m.
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Author and Retired Professor of Communication from Université de Montréal, As an Individual

Alain Saulnier

You have to remember what it was like at the time. Steve Jobs became a major creative celebrity. We were all obsessed and enthralled by the creativity and modernity of these people. I'm talking about people like Mark Zuckerberg and Jeff Bezos.

In a way, I think that successive governments—the Conservatives and the Liberals—until recently had the impression that it would be unwise to do battle against the Internet giants. Remember the Netflix tax. People said that it shouldn't be introduced. Remember also that there was an outcry in Quebec, because the media and the cultural milieu decided instead that something had to be done.

If we were too slow, it's because we were impressed and mesmerised by the power of these Internet giants, which oozed modernity.

We are beginning to put all of that into a framework, which is all to the good. However, we lost a full year over Bill C‑10, which died on the Order Paper when the election was called. Personally, I believe that the longer we wait, the longer we will be stuck with the law of the jungle that I alluded to earlier.

At the CBC, people were telling us that it was important to be on Facebook. What happened? We went on Facebook. All the media shot themselves in the foot at the time because it meant that we were becoming increasingly marginalized. You can't allow access to the media through social networks. Things have to be done differently. The media have to be very strong.

May 24th, 2022 / 1:20 p.m.
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Executive Director, Coalition for the Diversity of Cultural Expressions

Nathalie Guay

Thank you very much for the question. I'd be glad to answer it.

I found the methodology used for the calculation at the Canadian Heritage site. I'd be happy to send you the information. It clearly explains how these amounts were determined for both the audiovisual and music sectors.

We would like to point out four major differences between Bill C‑10 and Bill C‑11. First, in Bill C‑10, there is a mention of “original programs in French”, whereas in Bill C‑11, unfortunately, the reference is to “original French language programs”. In addition, it's important to us that the expression “official language minority communities” be put back into Bill C‑11.

Then there is the question of the factors that would encourage independent producers to own the intellectual property. I'm talking about the new section that provides guidelines for the definition of Canadian programs.

Finally, with respect to paragraph 3(1)(a) of Bill C‑11, which concerns the fact that the Canadian system ought to be the property of Canadians and under their control, we would propose a different wording, because we believe that the changes made could make it easier for foreign undertakings to acquire Canadian undertakings.

Of course, there is also the new item on social media. We had been satisfied with the final wording in Bill C‑10. Now, we consider the sandbox, as it has been called, to be an acceptable solution. We are very much looking forward to the next phase so that the CRTC can do the work of reviewing the data. We're hearing a lot about how this might play out, and about the various types of regulations that could affect social media. However, it's important to remember that the first phase consists of conducting an analysis and that this can only be done once there is enough transparency and data sharing among the principal stakeholders and the CRTC.

May 24th, 2022 / 1:20 p.m.
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Saskatoon—Grasswood, CPC

Kevin Waugh

Thank you, Madam Chair.

Thank you to the three groups that are in front of us here this afternoon.

I'll start with the Coalition for the Diversity of Cultural Expressions. I believe you were in front of us on Bill C-10, so what's changed, in your mind, between Bill C-10 and Bill C-11?

Nathalie, I noticed that you talked about the $830 million that was supposed to be generated. At the time, it was Minister Guilbeault. Nobody substantiated that $830 million. Nobody knew where that number came from. To be honest with you, as a hypothetical number, the minister at the time said that would be the windfall for Canadian producers. Maybe you can comment on that, because you did bring up the number of $830 million.

May 24th, 2022 / 1:15 p.m.
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Nathalie Guay Executive Director, Coalition for the Diversity of Cultural Expressions

Good afternoon, everyone.

My name is Nathalie Guay, the Executive Director of the Coalition for the Diversity of Cultural Expressions, which has only a few requests to make with a view to improving Bill C‑11.

First, the broadcasting system must continue to promote Canadian talent. The suggested wording of paragraph 3(1)(f) establishes two regimes. The first sets higher expectations for Canadian undertakings, including online Canadian undertakings, with respect to the use of Canadian creative resources, expenses related to Canadian programming, contributions to the fund for the support of content development and efforts to promote Canadian programming. The second regime opens the door to reduced requirements on foreign online companies in these areas.

It shouldn't be forgotten that the Canadian Heritage estimate that the bill could lead to the injection of an additional $830 million per year in our ecosystems was largely based on an estimate of spending on Canadian programming and on a contribution comparable to the current obligations of Canadian broadcasting undertakings. With a two tier system, there is a risk of setting this objective aside, not to mention the fact that an imbalance is being introduced between the respective obligations of Canadian undertakings and foreign undertakings.

Second, we think that the CRTC orders need to be subject to the possibility of an appeal to the Governor in Council to have them cancelled or referred back to the CRTC for review and a new hearing. It would simply adapt the current provision in the Broadcasting Act to the new regulatory framework. In addition, it could strengthen both parties' confidence in the CRTC.

Third, we would like to see a public hearing process for orders. We think that this would encourage a more effective way of factoring in the various points of view, particularly with respect to potential stakeholders' varying levels of experience and resources, and also because hearings provide an opportunity to respond to the arguments of other parties.

Fourth, we suggest an amendment to subsection 8(2) to allow for providing full representations concerning a notice rather than simply a summary.

Fifth, we would like the committee to reintroduce a number of terms that had been adopted in the former legislative instrument, Bill C‑10. I could explain that in further detail if anyone would like me to.

To conclude, we are not proposing any changes to the social media provisions. The government has already tightened this up by proposing criteria that the CRTC should use for its analysis. We also believe that adding further details would make the framework less flexible and would create loopholes that would make the new framework obsolete.

Thank you very much for your attention.

May 24th, 2022 / 12:45 p.m.
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Executive Director, Professional Music Publishers' Association

Jérôme Payette

No, I don't believe they do.

The CRTC hasn't done anything for the past 20 years. We've been consulted since 2016 on the modernization of the act. At the time, it was within the “Creative Canada” policy framework. After that, if memory serves me, there was a CRTC report, followed by the report from the group of experts on the Yale review panel. Then there was Bill C‑10.

We are now studying Bill C‑11. This will be followed by a period during which the CRTC will gather information, which is the usual way of proceeding. It will really take the time required to properly understand what's going on and take established objectives into account. That will lead to the creation of regulations.

It's therefore still going to take quite a while for this to reach people in the field, the entrepreneurs I represent and the artists they work with. We don't have time to wait much longer. Bill C‑11 has to be adopted and the CRTC has to remain flexible.

I don't know how much speaking time I have left, but I could say more about Ms. Fortier's comments, if you don't mind.

May 24th, 2022 / 12:40 p.m.
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Provencher, CPC

Ted Falk

Okay. Thank you for that and thank you for your testimony.

Mr. Geist, you've written on Bill C-11, just as you did previously on Bill C-10. Can you articulate what you believe the government's objectives are and also how they should have drafted the bill to achieve those?

May 24th, 2022 / 12:20 p.m.
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As an Individual

Peter Menzies

Yes. It would be useful to see what is planned for this one. When Bill C-10 went forward, there was one. A draft, at least, OIC was posted. We haven't seen one yet on this.

May 24th, 2022 / 11:35 a.m.
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Dr. Michael Geist Canada Research Chair of Internet and E-commerce Law, Professor of Law, University of Ottawa, As an Individual

Thank you very much, Chair.

Good morning, everyone. My name is Michael Geist. I'm a law professor at the University of Ottawa, where I hold the Canada research chair in Internet and e-commerce law. I'm a member of the Centre for Law, Technology and Society. I'm appearing in a personal capacity, representing only my own views.

As you're surely aware, I've been quite critical of Bill C-11. I'd like to start by emphasizing that criticism of the bill is not criticism of public support for culture nor of regulation of technology companies. I think that public support for culture is essential and that one of the core problems in this area is that our current CanCon rules don't achieve their stated objectives.

As Peter Grant, a member of the Yale report panel and a long-time advocate for Internet regulation, recently noted, certified CanCon “doesn't have to look Canadian or be about a Canadian story.” I don't think that's how Canadians think about CanCon, and our rules should be changed to become better aligned with our policy objectives. Further, I agree with former Supreme Court Chief Justice Beverley McLachlin, who recently noted with respect to Internet platforms that there's a need for legislated transparency, accountability and rules on data governance and privacy.

Given my limited time, I'd like to focus on two main issues this morning. These are Bill C-11's regulation of user content and its overbroad regulatory approach, and the need for greater certainty.

First, I'll discuss the regulation of user content. When Minister Rodriguez introduced this bill, he stated, “we listened to the concerns around social media and we fixed it.” With respect, many of the concerns remain intact. While the proposed section 4.1 exception for user content was reinstated, proposed subsection 4.1(2) and proposed section 4.2, which together provide for the prospect of CRTC regulations on user content, were added.

The bottom line is that user content is treated as a program, and the CRTC is empowered to create regulations applicable to programs that are uploaded to social media services. Non-commercial, user-generated content may be out, but user content that generates even indirect revenue is subject to potential inclusion within the regulations. As you just heard, you don't need to take my word for it. As you know, when asked at this committee last week about whether the bill included the potential for regulating user content, the CRTC chair Ian Scott acknowledged, “As constructed, there is a provision that would allow us to do it as required”.

You may ask why any of this matters. Bill C-11 permits the creation of regulations on the presentation of programs to the public, and since it treats all audiovisual content anywhere in the world as a program, the potential regulatory scope is vast. Those regulations identify but aren't limited to discoverability. Discoverability has rightly attracted attention, since applying it to user content is both unworkable, as we don't have a mechanism to determine what qualifies, and potentially harmful to Canadian creators who may find their works downgraded globally.

The solution is obvious. No other country in the world seeks to regulate user content in this way, and it should be removed from the bill because it doesn't belong in the Broadcasting Act. In the alternative, remove all of the regulatory powers associated with user content, but leave in the potential for contributions by user content platforms.

Second, I have a few comments about the overbreadth and uncertainty with this bill, which, as currently structured, covers any audiovisual content anywhere in the world. As a Canadian Heritage department memo on the issue noted with Bill C-10, that includes video games, news sites, niche streaming services and workout videos. I recognize that this may not be the government's intent, and there is an expectation of a policy direction that creates some limits and the CRTC itself may decide to establish some others. However, I believe there is a clear need for thresholds and limitations in the legislation itself. Without it, services may regard the regulatory uncertainty—which you heard last week could take years to sort out—and block Canada, leading to less choice and higher consumer costs.

If the goal is to target the large streaming services or to exempt video games or niche streamers, say so in the legislation. While we're doing that, borrow from the European Union's approach of distinguishing between curated and non-curated services, and use that as a way of establishing more targeted regulatory requirements or exemptions.

There's certainly more to discuss, including the myriad of concerns about the CRTC: the current lack of transparency, the cloud of bias and the potential for government to overstep on CRTC decisions into program regulation. There are also the outdated CanCon rules that I noted earlier and the actual data on investment in film and television production.

I'll stop there. I look forward to your questions.

May 18th, 2022 / 5:55 p.m.
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Chairperson and Chief Executive Officer, Canadian Radio-television and Telecommunications Commission

Ian Scott

Financially, the government gave us two years of funding to implement Bill C-10, now BillC-11, to do the preparatory work. We've had the first year's funding and will receive the second year's funding shortly, I anticipate, and that is adequate to do the preparatory work. Thereafter, there will need to be a review of the precise budgetary requirements, but it will largely get collected from the fee-payers. That's why I described the regime.

So, yes, we have the necessary funding to do the work we must do right now. I don't know if I've answered your question well.

May 18th, 2022 / 5:40 p.m.
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Liberal

Anthony Housefather Liberal Mount Royal, QC

Thank you very much.

Let me come to you on Bill C-11 for a second, which was previously Bill C-10. There have been a number of people commenting in various places that somehow this bill and then the CRTC would choose to regulate social media posts of non-commercial, individual users.

Could you clarify whether the CRTC has that nefarious intention?

May 18th, 2022 / 5:40 p.m.
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Liberal

Anthony Housefather Liberal Mount Royal, QC

Thank you very much. I raise that because this was an issue that was raised the last time we looked at Bill C-10.

If the government hadn't asked you to look at a channel within a certain amount of time, do you have the powers to, for example, say, “There is a Chinese state broadcaster. We're concerned about it. We are proactively looking at it”?

Bill C-14—Time Allocation MotionPreserving Provincial Representation in the House of Commons ActGovernment Orders

May 17th, 2022 / 6:45 p.m.
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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Madam Speaker, I am flabbergasted by the indignation of the Liberal side on this debate. The member speaks about dysfunction in the House. It is their House, as government, to manage, and it is obvious that they are so dysfunctional in managing the House that they cannot get legislation through.

Last night, the Liberals adjourned the House two and a half hours early, after cancelling committees so that we could have interpretation services available and other House services that were required. They sent those people home early and sent the whole House home two and a half hours early after they had scheduled it to sit until midnight last night.

We have to really question what is behind this determination to serve time allocation notice on the bill before us. What is coming behind it? We have seen previous legislation, such as Bill C-10 now Bill C-11, which will be coming through for debate. Is this an effort to get things out of the way so that they can push that forward through time allocation as well?

I hear NDP members rail against the procedural tools that we have to hold this government accountable. For years, in Parliament after Parliament, they railed against time allocation votes. Here they are, after this marriage of the NDP-Liberal government, now joining in with the Liberals in supporting time allocation votes. I question what really is behind all of this rush to get legislation through and to silence the opposition that we are here to provide, having been elected by the people that we represent.

May 12th, 2022 / 6:05 p.m.
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Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Yes, I am just a little concerned. Obviously it's a unanimous consent motion, so there is usually not a lot of debate, but I am a little concerned about the clause-by-clause section and whether or not there will be enough resources for us to be able to have a proper process.

As I said, from seeing how terrible Bill C-10 was in the last Parliament, when people literally were voting on things without knowing it, I would just ask to see if maybe we should suspend so that we can have confirmation from someone. Maybe the clerk can look into that to see if we will have enough resources at that time, because if there are not enough resources for us to have clause-by-clause in a proper process, I won't be able to give unanimous consent.

May 12th, 2022 / 5:05 p.m.
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Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

I'm sorry, Mr. Chair. I'm glad that Mr. Chambers is here to keep some of us in line. They're giving themselves until June 10.

Why? It's because as independent and regionally or conservatively minded senators, they have decided among themselves that the best way for them to balance between presenting legislation promised by an elected government to properly scrutinizing bills.... I'd be really interested to see how many ministers and how many hours ministers are required for in the other place versus the simple one hour that we got here.

By the way, I do think we can improve that process. If a minister is going to come for one hour, we should only be giving them a five-minute introduction, because that really did cut down the amount of time the rest of us had to really do what our focus is, which is holding the government to account.

I know you'll take that, Mr. Chair, and you and the clerk will try to work on that, or at least I'm hoping.

I'm looking to see, Mr. Chair, that you're listening. Okay, there's a dutiful nod. Anyway, I'll take what I can get. Mr. Chair, thank you for giving me that nod so I know that I'm not just speaking into the ether.

I've talked a little bit so far about previous experiences, whether it be the miscellaneous tax amendment bill of close to 700 or maybe 800 pages that in the 41st Parliament the NDP wanted to look through, even though most of those laws had already been through the ways and means motion process or acted like it was....

I've talked a little bit about Bill C-12 and how that really strained what was really a well-functioning committee, and the absolute gong show that happened. Again, if you listened to Michael Geist interview the former heritage chair, Liberal member Scott Simms, you'd know that the process did not do anyone right.

I would like us to avoid those issues, Mr. Chair. I would like us to actually see better communication and for the government to start saying, maybe we have to make the committee process work for everyone and not just simply for a few members here and there. They should actually say, perhaps...and if they don't want to agree with me, then they can maybe agree with Mr. Chambers. I can understand not wanting to say that they agree with the member of Parliament for Central Okanagan—Similkameen—Nicola because that might be publicly frowned upon, but at least I would hope they would say that they would agree with MP Chambers.

Again, I have talked about how this process could be improved. I've been speaking with some of my Conservative colleagues. We're not at a stage where we can talk about that because right now we're discussing a subamendment to MP Ste-Marie's amendment, but I just have to say again that the process the government is pursuing here is not the right way to do it.

I would hope that the government is getting the drift of where Conservatives are coming from. I think that a reasonable timeline would allow us to get back on track. Unfortunately, the unreasonable timeline that we have, the programming in the original motion and the subamendment that we have here have created a sense of bad faith among members of the committee.

What we've seen with the passage of just the short time between our Monday meeting and today is that this schedule, again, which looked ambitious then, right now is just looking like Bill C-10 or Bill C-12 from the last Parliament waiting to happen.

We pitched over 46 witnesses, from right across this great country, and we want to hear from them. That's where I think the government members need to just simply back off of the process we have ahead, table the motion, get committee witnesses in and let's go through them all. They can always come back with a motion.

We actually have some ideas about a much more reasonable timeline, but unfortunately at this stage of debate we can't do that.

Let's be mindful that we didn't really have to put out a call for witnesses. They were coming to us. I'm sure that MP Ste-Marie's phone is going off the hook with people wanting to speak with him and wanting to come here. In fact, I saw that the clerk had sent out, to all committee members, other witnesses who have suggested that they want to appear before the committee outside of the usual process of speaking to individual members. Why? It is because they want to be heard by this government.

I'm not going to claim that all of our witnesses are the right ones. There might be others who other members might have heard from who right now we can't hear from because this government has chosen to start with a programming motion rather than letting a process evolve.

There is always a time, Mr. Chair, when either the compromises that MP Dzerowicz spoke of need to come together or there needs to be a democratic vote, but we are not at that time right now.

I would also say that one thing that is missing from Mr. Beech's subamendment is any reference to our being able to hear from the Parliamentary Budget Officer in addition to hearing from the Minister of Industry or having the Minister of Finance come back. I know the PBO pays particularly close attention to the tax-related measures and financial figures put out by the government. I think that would be a much better improvement to the subamendment that MP Beech has put out here.

Again, I should disassociate that. It's not fair to MP Beech to always make this program motion his, because really at the end of the day he's a parliamentary secretary, and this was written by someone else. At least I hope he would clarify if I'm mistaken on that point, Mr. Chair.

I say that because the Minister of Finance is a busy minister. In fact I think she's too busy.

I'm just going to talk quickly about this, because I think that is the direct reason she's not here in the subamendment by MP Beech. I think she'd be cross with him if she were in here, but I think it's worth pointing out that the job of being finance minister is busy enough as it is. A deputy prime minister, Mr. Chair, I can only imagine is so much more, and again it's not up to the Deputy Prime Minister in her function as that, or as the Minister of Finance, to decide what her job is. That is the Prime Minister's job.

The Prime Minister by putting those two roles together, despite the talents of any individual, Mr. Chair.... I think this is a point that needs to made: She doesn't have the time. She doesn't have the time to stay more than an hour at this committee. She doesn't have the time to answer conclusively questions by members. In fact, again, the process of giving her 10 minutes.... Look, I'd love to give every minister 20 minutes if we had three hours. To me that would be fair, but, again, for a minister to have only 50 minutes spread among all these members here, I just don't think that is a very good process.

I do think that the Prime Minister should be looking into that, because if the Prime Minister wants to have a finance minister who is on top of her file, who is able to come and spend the time with the finance committee to defend her bill, to be able to spend the time, it obviously is not here.

From what I've heard from member of Parliament Mr. Ste-Marie, the luxury tax is not properly designed. We have heard that there wasn't even an economic impact study. There were no jobs and whatnot, and that may reflect that the Department of Finance is not getting enough attention. I do know from speaking to people who worked with former finance minister Jim Flaherty, who is no longer with us, that when you had someone who was completely concentrating on that file, they would ask every question of every proposal that came forward.

Then they would have to bear the scrutiny of members of Parliament whether in the minority years or later in the Harper majority from 2011 to 2015. Not having a finance minister who is also the deputy prime minister would probably also improve this process. Again, this particular motion doesn't include having her come back. I would simply suggest that is something we should all consider. I'm not satisfied with the amount of time that's there.

I saw that president for the wine growers was here on Monday. I'm sure he wanted to give an earful because, when I asked the Minister of Finance about some of the provisions in regard to this government's treatment of their industry, I was deeply disappointed that they were just surface answers when there are so many issues going on here.

To members of the government, if this is a serious discussion we're having and you're truly saying that politics should be about compromise, I do hope that right now you're taking the time to text, to message or to email one another. Again, you don't have to say that you agree with Dan Albas, but you could certainly say that you agree with MP Chambers that we could make a much better process.

I know they've already done that for MP Ste-Marie because he put forward the amendment that they said they, in essence, support.

Time is incredibly important in this place. We have until June 23 where we could actually be discussing legislation. The government has a lot of time, especially now with motion 11 that was passed with the NDP, which gives them the opportunity to extend midnight sittings. Those sittings certainly can have more debate. I'm really upset that I wasn't able to speak to C-19 in the House. I think there are a lot of provisions in here that Canadians largely need to know about.

That's not your fault, Mr. Chair, because a lot of people, believe it or not, don't actually watch the committee work. In fact, I get more responses from people on speeches in the House of Commons because they watch CPAC. They see the chamber functioning, but they don't always get a chance to see us here at committee.

This is really the only place I'm going to get a chance to talk about C-19. I can't talk about C-19 until we have a process that will work for this committee. I will not allow this committee.... At least, I will do my utmost to make sure that this committee fully understands that if we go along with this programming motion—even if it's slightly improved by MP Ste-Marie—to where suddenly we have “recommendations in relation to the provisions considered by them, in a letter to the Chair of the Standing Committee on Finance, in both official languages, no later than 4:00 p.m. on Friday May 20, 2022”, those other committees won't have a chance. That is literally eight days from now and we're still talking about this because that's an unreasonable time frame.

The parliamentary secretary, even though he didn't write this motion that someone in the minister's office.... Maybe it was the minister, but probably it wasn't. Why? You're right, Mr. Chair. She's too busy with too many things. For us to be considering these, I have to say that I don't believe the government has given this committee adequate time. It's certainly not giving other committees adequate time when it comes to consideration of C-19.

Do you know what, Mr. Chair?

If a standing committee listed in (a) chooses not to consider the subject matter of the provisions, it advise the Chair of the Standing Committee on Finance by letter, in both official languages, no later than 4:00 p.m. on Friday, May 13, 2022.

May 13 seems to me a bit of a problem. Why? May 13 is tomorrow. If a committee chooses to say that it's too busy, it's supposed to let you know in formal writing that it is not possible. They won't even have the opportunity to do that, so either we're forcing them to do that or we're forcing them to not respond.

To me, Mr. Chair, as I said, it's time, time, time. This government is too short with the time of others, and rather than letting the parliamentary calendar settle this, and to have all reasonable parties come together by the 23rd, they are pushing not just this committee into a terrible process but other committees into a worse one.

On my point on that, Mr. Chair, if they can't write to you under this motion by tomorrow, what then? Are they obliged to now study it? Are we going to have, because of the M-11 motion, extended sittings where some committees are being cancelled? How are they supposed to get the resources? Is the government going to give us more translators, along with Mr. Beech's motion, or I should say the Minister of Finance's office's motion...?

These are things that they are not commenting on. Again, if they don't reply to you in writing by tomorrow, then they're obliged. When do they call their meetings? Are they supposed to attach committee business? I guess there are just so many unanswered questions here that, obviously, it comes back to my original premise that this is not really a good-faith process. Do you know what? We can simply sit back and be told by a government, by its parliamentary secretary on committee, what we're going to do and what other committees are going to do. It's just not healthy.

It's not what the Liberals promised in 2015. They promised many things. Omnibus legislation, that was out. It didn't happen. Parliamentary secretaries would be non-voting members. That's out. They've always said that the committees are independent. That's out.

I say there needs to be a few things in. One of them is that you have to get Conservatives in a process that we feel is fair. It doesn't mean that we agree with everything in that process, but that we believe the process is fair.

The second thing is that we want to see those witnesses. We want to have them here. We want to ask them questions. We want to see the PBO. We want to see the Minister of Industry. We want to see the Minister of Finance come back and actually show some ministerial accountability for what was, I think.... This is how bad inflation is now. I thought at the start of this it was a 423-page bill. Actually, it's 468. That's the inflation under this government.

I kid, but I would much rather that we be studying that bill and having the Minister of Finance come for a second hour, or having her come here and talk for three hours as was set out by the previous motion on the inflation study. I even think that my colleague, MP Stewart, put forward a very good motion on studying advance pricing arrangements. The decisions made by CRA that have been in the news of late.... We haven't even been able to get to that, because this government is again putting forward a programming motion that has been amended by a Bloc member, or at least may be amended by a Bloc member. That is now being further amended, because the government ultimately wants to control the process. The process itself is not connected to a proper process, the proper scrutiny of it.

I have sat on the Standing Committee on Justice and Human Rights—one of the best committees we have, very important. I would hate to put that committee in a position where they do not have proper process. Because for goodness' sake, if we can't have that at the Standing Committee on Justice and Human Rights so that they can look over some of the issues that are in this bill....

The judges' quadrennial pay review is in this bill. There are Criminal Code amendments, ones even relating to the moon and extending Canada's Criminal Code jurisdiction outside of its waters. In fact, I hear there is water on the moon, so maybe we can argue that there is Canadian water on the moon somehow. I don't know how that will work. I don't think we can apply maritime law to that.

Pardon me, Mr. Chair. I have to read that into the record, because one of our members said specifically that he should be asking former astronaut Marc Garneau, our former transport minister. Do you know what? I wish this government consulted a bit more widely with members of Parliament, even its former ministers. Bring him as a witness, someone says.

That's the thing. There could be other witnesses who have similar experiences. We can ask MPs to come. We can't summon them. It would be quite a meeting to hear about that at the justice and human rights committee.

Again, whether they can schedule all of the hearings to talk about many of these matters.... They can't. I don't think it's feasible. I don't think it's reasonable. I don't think it's possible at the Standing Committee on Justice and Human Rights, because what are they studying? They're studying Bill C-5, which is making major changes to our Criminal Code.

The government is essentially saying, yes, we will send these things, but they won't be able to do clause-by-clause and we won't give them any time, and then somehow.... I don't understand how the government thought it would be. Again, I don't blame MP Beech, because I don't think he wrote this, unless he wants to make that point clearer, but May 13 is not doable.

That is a big issue. Other committees will have other things that they are studying. Given that M-11 and the late-night sittings won't allow for many of these committees to happen, they can't possibly meet, or if they do, they can't do clause-by-clause. I guess they could do what the member of Parliament for Saanich—Gulf Islands has to do and come here as an independent member and table those amendments that way, but they are going to have get started very quickly. Right now, many of them, like the justice committee, are studying Bill C-5.

I don't understand why the government is so firm on these timelines. Why not let us start having witnesses? Do you know what? We have lots of time between June 23 and today. With the right spirit, the spirit that this member here—MP Chambers, an eternal optimist—has had, maybe we can reward some of those people who believe that reasonable minds can set aside some divisions and that we can start moving forward.

Do you know what, Mr. Chair? After this particular subamendment is debated by other members, perhaps we can have a vote and it will get defeated. We will then have another motion come forward that is more in line with what MP Chambers was discussing in his intervention. I hope so, because the world needs optimism. We have so many things that are not going well.

I know that the government wants what it wants, but it should also want to have members of Parliament feel that they are doing their jobs. The government should try to empower MPs, because that is what many members of Parliament came here to do. They came here to get a sense that they could ask questions, they could move amendments and they could have a process where they feel that they are part of something. I'm sorry to say that the programming motion and the subsequent subamendment by MP Beech, which may not be from MP Beech himself, doesn't allow for that. It doesn't make us feel like we are in and part of that process.

Again, there are so many things we could be doing here. I would like for us to again be bringing in the CRA commissioner. I would like for us to be talking about competition when it comes to open banking. I would like for us to be talking about.... MP Dzerowicz has talked a bit about the effects that getting rid of trade barriers would have, but, no, we're stuck here because MP Beech and the person who wrote this felt this was the best thing to come forward right now.

To try to somehow jerry-rig a committee, as dignified as the finance committee, is not in the best interests of this committee, and I will not be going forward with my support.

I've mentioned a few things that might have my support. I really do hope that other members have listened to my intervention and that perhaps they are moved. Perhaps they are moved and will move at the appropriate time an amendment. Maybe we could just say, “No, cancel it. This is over. We're not doing this motion.” Maybe MP Beech, himself, realizes now that having a program motion that literally says, “No later than 4 p.m. on Friday, May 13”...I don't even know.

Mr. Chair, can I ask you, through the clerk, how fast could you get a letter out if you needed to? Do you have these letters already prepared? Do you have the letters ready?

May 12th, 2022 / 4:45 p.m.
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Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Thank you, Mr. Chair.

I want to say that I know how difficult these conversations can sometimes be, and I do like the tenor, the tone, that we have all embraced as members of Parliament. We are all sent here to try to work together.

I will disagree with some of the things my honourable colleague MP Dzerowicz said earlier, but I'll save that for a moment other than to say that I appreciate that these meetings are not only important to our constituents, but they can be long because you can't put a price on democracy. There are rules that have been enshrined in this place to allow committees to function as independently as possible, as MP Chambers said earlier.

There are obviously other tools the government can use such as a House order. It, in fact, directed the study of Bill C-19 to this committee. Ultimately this committee was created to serve the House, but without having further instructions, we have a responsibility to set our own sail.

While the original programming motion that was put forward by MP Beech as the parliamentary secretary was received in good faith by MP Ste-Marie, who I admire very much for his passion for his constituents, for the questioning he's had and the lack of answers he's been able to receive when it comes to the luxury tax and the occasional intervention by my honourable colleague from the NDP, what has happened is that he put that forward, and now we've had a further subamendment to his amendment, which was to try to make sure that there was a proper process.

The government—let's be mindful, Mr. Chair—at the very beginning tried to apply its direction to what is supposed to be an independent committee. Right off the bat, I believe I made it known that it was an issue. I believe I made some arguments about how there were promises by this government to not have parliamentary secretaries on committee. They would occasionally sit down in the corner and listen in thoughtfully so that they could report back to their ministers the goings of this committee, which is a very august body, and I've always enjoyed being on it.

Again, this is a bill, 468 pages, I believe, because when I put it to the minister when she came in for the hour, I said 421. Again, Mr. Chair, you might be mindful that there are a number of pages we did not know about. The government didn't even give us the courtesy in their courtesy copies to say that there's more on the website, even just a note to go along with it, so there are missing pages, which I raised earlier.

As I open my comments today, I go back to the tone that Mr. Chambers presented earlier. In fact, he made a little bit of a joke saying someone had to listen to him, and when he said thank you for staying, they said, “No, I'm the next speaker.” That was very funny. It reminds me of a very similar joke I used to give when I first set out in politics. I said that my goal in any speech or presentation was three things: to be bold, to be brief and then to be gone. Actually, I think it wasn't to be bold. I think it was to be brilliant.

I'm going to let everyone now know that I used to joke that at least you'll get two out of three. I have become a little bit more of a realist, so I'm going to let everyone know not to expect any of the three today.

I'd like to start with why we should be concerned about the programming motion put forward by the parliamentary secretary, and I have already touched on it. Governments are tethered to this institution. They are not the ones who tell us as members of Parliament to have confidence. They're the ones who have to put forward bills that show confidence. In this case, we have a motion that is directly telling us how many presentations we can have. I guess it just gives us a time limit, and it also puts in when we should have clause-by-clause.

The very thoughtful motion by MP Ste-Marie does actually propose that we divide this up, because in those 460-odd pages there are many clauses that pertain to areas of expertise in other committees, and committees like international trade, industry and technology, the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, the Standing Committee on Citizenship and Immigration, and the Standing Committee on Justice and Human Rights—all very important bodies.

When we send something to them, the very premise should be that we are in good faith seeking their responses. Now if you harken back to our last meeting, Mr. Chair, I believe it was confirmed that clause-by-clause would be done only by this committee. Regardless of what those members on those other committees think, ultimately they will not be able to substantially do what we do, which is to put forward amendments and to debate them. I don't think that is fair.

I should also point out that there is going to be a bit of a challenge, because I don't think independent members are being taken into account under this particular motion by the parliamentary secretary, or even in his amendment. Don't worry, though. I'll save that for closer to the end.

What I think is important to note is that when you offer someone something in good faith, the idea is that it's a legitimate offer. Now for those committees to suddenly decide whether or not they can meet at the time that has been listed here by the parliamentary secretary...and let's note that it is today, Thursday, May 12. When this was first tabled, obviously it was earlier in the week. Already days have slipped by, and while I do understand that MP Baker and MP Dzerowicz had both raised the idea that politics is the art of compromise, compromise means thoughtful discussion and give and take. It does not necessarily mean overriding other members without having some sort of thoughtful process.

As you can see, Mr. Chair, that leaves the Conservatives with very few options other than to say that we do not believe that this particular motion or its amendment.... Actually, I should say that the amendment seems to improve upon it, but the subamendment by the parliamentary secretary is not being done in good faith. Why? Because time has already been whittled away.

We already had to say no to those witnesses who came here on Monday ready to present. I presented a motion to try to see if we could speed that up. The importance of having witnesses cannot be overstated. Why? It's because obviously this is a very large omnibus bill and I find it lamentable that the Minister of Finance, the deputy prime minister, spent only an hour with the committee. I would have preferred a second hour, because I would have asked several other questions that pertained directly to Bill C-19.

I don't see any provision here in the subamendment for having the minister come back. In fact MP Chambers had expressed his desire to have the Minister of Industry come and speak to the competition components, the Competition Act amendments. I do enjoy Minister Champagne. I think he's a very thoughtful individual. If it is the will of the committee to have him come in for an hour, I would certainly make the time in my schedule for that. I think this particular subamendment that Mr. Beech has put forward has neither the Minister of Industry nor the Minister of Finance.

What worries me as time cuts away at this is that ultimately we're going to have less and less time, because the Liberals have not tried to work co-operatively with all members. I think that's really at the heart of this. I don't blame the Bloc or the NDP for playing ball because maybe their preferences have been met.

Maybe they see a different reality from the one I do, but this particular subamendment of Mr. Beech does not necessarily meet those needs from our perspective. Again, while we know the saying that politics is all about compromise, it's usually referred to as the art of the possible.

Do you know what, Mr. Chair? What's possible isn't always probable.

What's probable is where you make.... You don't think you should speak to other members and try to get them on board. Instead, we have motions, amendments and subamendments that do not have the consent of each and every party or member. Obviously, there's a way to have a democratic debate about this and, eventually, a vote, but I am not going to be keen to give that until we have had a thorough venting of some of the issues with this particular motion.

Let me go into some of my concerns.

In the last Parliament—I'm going to give a personal example—I was on the environment and sustainable development committee. It's a very good committee. Much like in this body, I got a chance to work within a group where we may have had distinct views on policy. I felt that the people around the table were generally respectful and understood that we were all here to represent our constituents and to have an exchange of views. Where we might have disagreements, we would talk them out until either we found some consensus or compromise, or we put it to a democratic vote.

We went to a bill called C-12, and there's something very similar between Bill C-12, the net-zero bill presented by the minister of the environment—at that time, it was MP Wilkinson of North Vancouver, a fellow British Columbian.... Similarly, in that particular bill and study, the parliamentary secretary put forward a programming motion. Unfortunately, the member of Parliament for the NDP at the time decided that they would opt into that programming motion. Again, I don't want to prejudice or call into question anyone's character, including the previous member of Parliament or the current NDP representative at this table, who I'm sure is here in good faith.

What ended up happening was, in my mind, remarkable. We had witnesses come forward and we listened to the testimony. All parties, the Bloc, even the Green individual.... My colleague MP May from Saanich—Gulf Islands brought amendments, as did the Liberals, the New Democrats and the Conservatives. We brought forward a number of meaningful amendments that we felt would have improved the bill, even though we opposed the bill in the House due to some issues over the net-zero advisory committee. I will not get into that discussion of what happened in the House. I will say it was rather unfortunate how that shut down.

What ended up happening was that they jammed through such a tight process that we were literally hearing witnesses when the period for submitting amendments to the bill had already expired.

Think of this. You get a call from the Standing Committee on Environment and Sustainable Development. You have dedicated your professional career or your voluntary hours and expertise to writing up a brief. In fact, one witness told me that the moment he got the letter, he started furiously typing up his presentation, but by the time he got on the schedule, all of the suggestions that he had presented in his report and in his remarks were moot.

Why were they moot? It certainly wasn't because of bad faith by that individual, but because of the way the committee had jump-started the process and programmed in that there was only going to be a certain amount of time to get amendments in. That person was deeply disappointed, as were others.

The government probably never heard from those individuals in person, but I can say that MP May attested at committee that she heard the same thing. Why? Many groups want to be invited back and they want to keep the government, at least, in a somewhat neutral, positive state.

In that case, I have to say that the environment committee process—a committee ably chaired by one of your colleagues, MP Scarpaleggia—was so bad that we ended up jamming through witnesses after the period for amendments had already closed. People felt that process was not in good faith. I see many of the same hallmarks—many of the same markers—in this process, in fact, and I will say that I did speak up at the time. I did very much what I'm doing today. I said to other members, “If we adopt this process, we are jamming witnesses.” We are going to end up with a process that does not lead to a better outcome than Bill C-12 did.

Unfortunately, that's exactly what transpired. In fact, when we look at the amendments, it was such a bad process. Some amendments were supported by certain witnesses, but others, effectively.... The NDP joined up with the Liberal members and voted down pretty much every single amendment, except for a Bloc Québécois motion that established a five-year review. There are some real parallels that I'm starting to see between that process and now. Where did we end up? We ended up where committee members were at each other's throat. It wasn't very good. Witnesses felt bad and, at the end of the day, the government got what it wanted. I see many of the same things happening here.

I would say that it probably wasn't a lot of fun for Mr. Scarpaleggia, but let me tell you what was even worse. Your former colleague, Mr. Scott Simms, said publicly.... He was on Michael Geist's podcast, Law Bytes, where he talked about what was known as Bill C-10 and the shenanigans that ended up happening there.

Why? Well, there is a direct connection with what has happened here with MP Beech's subamendment. The process and timelines were so tight in the original programming motion that, at one point, during clause-by-clause, because of a programming motion, the committee members, in many cases, did not know what they were voting on. In order to meet the programming motion set out by the government, which happens to be the same government here, they ended up voting on amendments without even knowing what they were voting on. The chair would call out a number, and what's even worse, for the people.... There were stakeholders there, obviously, from industry and cultural groups—artists, etc.—who all had a real concern about this. These were people who study the Internet and freedom of expression—those kinds of legal constitutional concerns. All of them were horrified because they didn't even know what the members were voting on. They just heard numbers being shouted out, and that brought the whole committee process into disrepute.

What's even worse is that Conservatives had to appeal to the Speaker in the chamber regarding such a bad process. Do you know what ended up happening? The Speaker said that was not how Parliament was intended to work and ordered the committee to restart the process. The government did end up getting its way, but, for the people who were following along, the parliamentary committee process was in question.

I would say to all members here that the same issues the environment and sustainable development committee had, and the standing committee on heritage had with Bill C-10.... There are certainly parallels with what we have here today—a large omnibus bill, where the witness time is being dictated by the government.

Again, this particular bill is much larger than traditional ones, Mr. Chair.

On one of the things that MP Chambers pointed out—because there will be some arguments that say, if the Conservatives are so serious about not proceeding on this side, there are tax measures that can affect Canadians and that they will not be able to take advantage of—was that for the ways and means process, actually, the government can table ways and means motion tax measures and the CRA will treat those as having been passed, even if that is not the case. Many Canadians, as I was explaining to one of my constituents the other day on Bill C-8, would be quite surprised.

Now, obviously, during a minority, I would surely hope that they would be very careful around those measures. I know, for example, that Bill C-208 in the last Parliament, Larry Maguire's bill, was a change in law. That was actually passed by Parliament, and they still have not put out the regulations. Most people would say, wait a second, when Parliament passes an actual law that allows that if you're a farmer or you have a fish operation, you could transfer that intergenerationally to your family without having to pay extra costs associated with it.... If CRA and the Department of Finance can hold back on those provisions, how in heck...? Pardon the language. I'll repeat: How on earth, Mr. Chair, can it be that CRA can take a proposed law and start acting like it is a law?

Online Streaming ActGovernment Orders

May 11th, 2022 / 11:30 p.m.
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Conservative

Bob Zimmer Conservative Prince George—Peace River—Northern Rockies, BC

Madam Speaker, I appreciate the time tonight. For those watching, it is 11:32 p.m. here in Ottawa. The bill that we are debating is Bill C-11, in case folks out there have not picked up on that already.

I think the question that we are really asking tonight is whether we can trust the Prime Minister and the government.

Let us not answer that question quite yet. It seems like the NDP and the Bloc want to completely trust whatever the government is going to do. It is kind of a marked shift from where the NDP used to be. The NDP used to be critics of the government. Now, again, it is carrying the water of the government. It is different. My hope is that it would be a true servant in opposition again.

The question is whether we can trust the Prime Minister and the government. We are talking about Bill C-11, but I will give a bit of preamble.

Everybody remembers the values attestation for the summer jobs program: this is where the Prime Minister said, if one is going to be from a certain faith-based group or has a certain belief, there is no need to sign up for the summer student jobs program.

This is a government that proves that it makes value judgments and decides who the winners and the losers are. Again, my question is: can we trust the government?

How is it relevant to Bill C-11?

For some in the NDP, who said that we had not read the bill, I have it right here. It is marked up quite a bit. I marked up Bill C-10: the previous iteration of the act. I was former chair of the access to information, privacy and ethics committee. We studied these kinds of issues at length.

As to the key section that the member across the way in the Liberal party mentioned, it is kind of interesting. We all heard it. He mentioned different clauses in the bill but he missed the real key one, and that is proposed section 4.2.

He forgot to mention that one, which is a pretty key category, so let me read through it.

4.1(1) This Act does not apply in respect of a program that is uploaded to an online undertaking that provides a social media service by a user of the service for transmission over the Internet and reception by other users of the service.

If it just stopped there, we would probably say that it sounds pretty good, but it goes on.

(2) Despite subsection (1), this Act applies in respect of a program that is uploaded as described in that subsection if the program (a) is uploaded to the social media service by the provider of the service or the provider’s affiliate, or by the agent or mandatary of either of them; or (b) is prescribed by regulations made under section 4.‍2.

What many experts have said about that particular section is that it is an exemption a truck could drive through.

This is the concern for us, and this is why we are debating until 12 o'clock at night. It is because of that particular section. What it essentially does is that that user-content that is supposed to be exempted from this oversight is now included. That is massive.

We talk about TikTok videos. We talk about YouTube videos. They are all now under the purview of the CRTC and the arm of the Prime Minister, of shutting down free debate and free speech in this country. That is the potential that it has. Can we trust him? Can we trust the government? Again, do not answer the question quite yet.

I will go through some quotes because, again, the member across the way has not heard enough quotes tonight, but I will read some out.

These are from some experts who have appeared at committee in the House of Commons and are well-respected witnesses.

The idea that the CRTC can—or should—regulate the global Internet, in an age when market intervention should be sharply decreasing, is unworkable and counterproductive, falsely pitting the industry against itself.

This is not really a glowing quote on Bill C-11 from a person who has got some pretty good credentials: Dr. Irene S. Berkowitz, senior policy fellow at Ryerson University, who is a pretty significant individual.

It is really hard to hear in here, on both sides, actually. I had to say it.

My next quote is from Scott Benzie, managing director of Digital First Canada:

Bill C-11 still has many issues for Digital First Creators, the 'sandbox' that is said to be given to the CRTC is too broad and could include every piece of content online.

Now members should listen to this:

Most concerning though is that there is still room in the bill for the government to force platforms to put “approved” Canadian content ahead of independent Canadian content and artificially manipulate the algorithms. Even in the best case scenario this bill only has downsides for Digital First Creators while the traditional media industry gets their funding doubled.

Again, that is Scott Benzie, managing director of Digital First Canada.

It is not just Michael Geist who is speaking against this bill. There are many who are concerned about this. It is much broader in the community.

Here is another quote from Scott:

That exemption, clause 4.2(2)(a), is far too vague. It's far too broad. There are no guidelines. It basically includes the entire Internet.

I mentioned that exemption, proposed section 4.2, but the Liberal member failed to mention it.

Again, we wish the NDP down the way would be in opposition with us and fight some of these bills. It would be nice if the NDP members read the bill and actually understood some of the problems with it, and stood with us instead of criticizing us. That is all we have heard tonight, criticism from fellow opposition parties. It is really strange. Anyway, I digress. I know time is a-wasting.

I have one last quote that I will mention tonight. The question that is hanging out there for everybody to answer has not been answered yet. This is from Andrew Coyne, a columnist from The Globe and Mail. I would not say he is a Conservative. He is not Michael Geist either. Michael Geist is very reputable, and I will say I have heard him testify. He is a very reputable individual. For the Liberal Party to completely disparage this witness does not say too much about the party across the way. Here is the final quote:

This bill would assign a wide latitude to regulate, well, the Internet: not just the big audio and video streaming services like Spotify or Netflix, but any number of other services, from podcasts to audiobooks to news channels, and not just those based in Canada but anywhere in the world.

He goes on to say that this is surely the far greater concern. Whether the users of these services are subject to regulation in their capacity as content posters, and insofar as the services are compelled to give greater prominence to certain content, its users can hardly be unaffected.

I do not know if the member across the way heard how significant that one phrase was: “to give greater prominence to certain content”. One thing that we have learned, and I have another former chair of the access to information committee sitting behind me, is that that concerns us greatly. We have seen examples of big tech throttling up and throttling down certain social media accounts. We were the ones who subpoenaed Mark Zuckerberg and Sheryl Sandberg to appear at our committee, because of our concerns around their misuse of personal data.

What the government is now asking is, “Hey, look, big tech, we actually want to take over. We want to do that job.” Again, can it be trusted? Will it be trusted?

I will finish this quote.

To the extent that the services are [compelled] to give greater prominence to certain content, their users can hardly be unaffected. They are [certainly] subject to regulation, as are consumers.

I would just say that our concerns are very warranted. It is not just the Conservative Party across the way. It is the many experts we have heard from tonight. Again, I started with a question: “Can we trust the Prime Minister and the government?” I would say tonight that the answer is a firm “No.” That is why we need to oppose Bill C-11.

I would just commend my colleagues for staying up for hours at night to do the good work of Her Majesty's loyal opposition, holding the government to account.

Online Streaming ActGovernment Orders

May 11th, 2022 / 11:15 p.m.
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Conservative

Marty Morantz Conservative Charleswood—St. James—Assiniboia—Headingley, MB

Madam Speaker, I rise today to speak to Bill C-11, the online streaming act. This bill seeks to awkwardly apply the same content regulation framework we see for radio and television onto online streaming and video platforms. Last year, the Liberals passed Bill C-10 in the House of Commons without allowing a full debate at the heritage committee to address many outstanding concerns from experts and parliamentarians over how this legislation affects Canadians' rights and freedoms on the Internet.

The Minister of Canadian Heritage claims that the bill's purpose is to target only large online streamers. The problem is this is not what the bill says. In fact, proposed subsection 4.2(2) says that in making regulations, the commission shall consider:

(a) the extent to which a program, uploaded to an online undertaking that provides a social media service, directly or indirectly generates revenues;

To be clear, any content that generates any revenue could be regulated. On this point, Michael Geist said:

The tone for the government’s communication on Bill C-11 was established from the very beginning. In the very first speech from [the minister] in the House of Commons, he stated “the proposed amendments in the online streaming act regarding social media would not apply to content uploaded by users or to the users themselves.”

This is not completely true, though, as content uploaded by users who may benefit commercially from their uploads can be regulated under proposed section 4.2.

Mr. Geist said:

Not only does the law have few limits with respect to which services are regulated, it is similarly over-broad with respect to what is regulated, featuring definitions that loop all audio-visual content into the law by treating all audio-visual content as a “program” subject to potential regulation.

Bill C-11 essentially defines broadcasting as any transmission of programs and audiovisual content for reception by the public. Mr. Geist also said:

[F]or all the talk that user generated content is out, the truth is that everything from podcasts to TikTok videos fit neatly into the new exception that gives the CRTC the power to regulate such content as a “program”.

He also said:

The kind of speech that many Canadians engage in on these platforms is just basic, fundamental freedom of expression that does not require, and should not be subject to, any sort of regulation or regulatory oversight by a broadcast regulator.

The bill would give the CRTC wide latitude to decide how to implement its new powers and there are legitimate concerns about regulatory overreach. One of the fundamental tenets of our free and democratic society is the need to separate political direction from the independence of the media. We see that in oppressive regimes like Russia and others that maintain a firm grip over what people see and do not see.

That is why I am so concerned about this bill and in particular section 7 and how it is expanded under Bill C-11. This section says that cabinet could tell the CRTC how to regulate online platforms. The section modifies cabinet's power to issue directives of general application on broad policy matters. The section would not only allow cabinet to issue general directions on broad policy matters, but would also allow cabinet to direct the CRTC on specifics, such as the definition of a Canadian program. It would shift the final authority for regulation from an independent authority to politicians and cabinet.

Just today in question period the Prime Minister refused to answer what direction the government would in fact give the CRTC for the implementation of this bill. That is a concern in and of itself, given the fact that debate is about to end in a few minutes on this bill and presumably we will be voting on it very shortly. The government says the goal of Bill C-11 is increasing the share of Canadian content consumed online by Canadians, yet the reality is that lots of Canadian content is already uploaded and shared every day, albeit in a disorderly manner. However, most Canadians have come to see social media and the Internet as an inherently disorderly place. In fact, it is what many Canadians appreciate about the Internet and social media. It is the sense of randomness and orderly chaos to the content they consume.

This legislation must be considered very carefully. We live in a society that values freedom of speech, thought and expression. These values are entrenched constitutional rights. By allowing the CRTC to impose a revenue test, any new online creator must now contend with the regulatory quagmire of rules, regulations and whim-of-government regulation for fear of being offside the fiat of the CRTC.

This test alone would have the exact opposite effect of encouraging Canadian content. In fact, I would go so far as to say that it would be a chill on new creators.

Former vice-chair of the CRTC Peter Menzies stated, “Overall, the big problem still is that [the Liberals] continue to believe that the internet is broadcasting, and I don’t think they really understand what it is”. Under the previous bill, Bill C-10, there was originally an exception, in proposed section 4.1, that would have allowed those who generated content on social media sites to be excluded. However, at committee, government members removed that exclusion, opening up user-generated content to regulation.

Further complicating the matter in Bill C-11, the Liberals added an exclusion to the exclusion, in proposed section 4.2, mainly regarding the revenue exception I have already mentioned. This exclusion to the exclusion is so broad that the government, through the CRTC, could once again regulate wide swaths of content uploaded to social media.

Canadians are rightfully concerned that an unaccountable government agency would be enforcing and controlling what people see and do not see on social media sites. Although the goal of promoting Canadian arts and culture is one I believe in, the government will never be able to be an honest broker, as it will always choose to highlight the content and media it subjectively enjoys. The incentive structure will change. The word will get out that if people want to get celebrated and promoted, they will need to share the government's subjective view of what is Canadian. Canada is home to many world-class writers, actors, composers, musicians, artists and creators. Creators need rules that do not hold back their ability to be Canadian and global successes.

Honestly, when it comes to social media and other online platforms, Canadians' main concerns are not about where their content is created; rather, their concerns are more personal. Canadians consistently express frustration that the current regulatory framework allows for the easy and near constant sale of their personal information. What Canadians want is to take back control over their lives and their personal information.

Let me offer a constructive suggestion, if members will entertain a thought experiment. Suppose I am an Uber driver and I have a great reputation as a driver. I want to open an Airbnb apartment, but I have no reviews on that, which means it is going to be hard. What if I could port my reputation from one application to another? If we make reputations portable and free-existing, that would allow me to own my own reputation, instead of some social media giant. It could be regulated in a way similar to how we currently regulate intellectual property.

I know this idea is imperfect; it is more of a rough sketch of a solution. My point is that Canadians are way more concerned about control of their personal information online and reputation portability than they are about the already pleasantly abundant supply of Canadian content. The truth is that Bill C-11 is nothing but a solution looking for a problem. Instead, why not solve real problems? Canadians should control the valuable data they generate, and the government should focus on issues that truly preoccupy everyday Canadians.

For this reason, I cannot support this legislation.

Online Streaming ActGovernment Orders

May 11th, 2022 / 11 p.m.
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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Madam Speaker, it is always a privilege to speak in the House. I rise today to add my concerns to those of my colleagues around Bill C-11.

For those who have been following the process closely, Bill C-11 has several working titles around Parliament Hill. To some here in the House, it is just a reintroduced Bill C-10 from the last session of Parliament, with one change and one exception making that change irrelevant. To others, this bill is known as “how to save the future of broadcast” despite the fact that broadcasters such as Rogers and Bell, for example, have never publicly mentioned that their future relies on this act. My colleague for Perth—Wellington would call it the “groundhog day act”, because the challenges that existed in this bill when it was introduced as Bill C-10 are here again in Bill C-11. Let me explain.

Bill C-11 aims to regulate online streaming, online news and online safety. Those are admirable goals, but Canadians understand and expect that large, foreign-owned streamers ought not to be given advantages over the regulated Canadian broadcasting sector. Large foreign streamers should pay their fair share. On the face of it, this bill simply updates regulations in an industry that has moved faster than regulations ever could.

However, if there is one thing that we have learned from the Liberal government, it is that it is never able to resist the allure of power at any cost. It takes power, controls the narrative, silences its opposition and never accounts for its actions. We have seen this before. The Prime Minister just could not resist the urge to silence his opposition, going as far as to use the Emergencies Act, although it was unnecessary, and he and his government are never accountable for their actions. That is why we, as the opposition, need to be extreme in our diligence to ensure that the government cannot be given powers that could be misused.

Why is that necessary? It is because the Liberal government has proved that it has the audacity to use these powers and then not be accountable for their use. With that said, for my colleague across the way, Dr. Michael Geist is a law professor at the University of Ottawa, where he holds the Canada research chair in Internet and e-commerce law and is a member of the Centre for Law, Technology and Society. He is clearly a highly esteemed legal voice on this issue, unlike my colleague across the way, and he has had nothing flattering to say about the government's proposed Bill C-11. As we know, the government does not meet with those who have the courage to hold opposing opinions.

First, there is the question of regulating user-generated content, referred to in this bill as “content uploaded to a social media service”. Have colleagues ever thought about how broad that is: “content uploaded to a social media service”? Based on that definition alone, every member in this House should take pause. By that definition, the Facebook post that I put out this morning puts me within the same regulatory framework as the major players.

The Liberals on the other side have tried to make the argument that there are exclusions in the act, but the devil is always in the details with their legislation, meaning that the exception indicates that users would not be regulated like broadcasters, but their content could be treated as a program subject to CRTC regulation. These regulations include discoverability requirements that would allow the CRTC to require platforms to prioritize certain content and effectively deprioritize other content. The problem is not that they do not have protections looking out for individual users; it is that we know that even in the context that this should protect Canadians, it is not enough to keep the Liberal government from overreaching.

Second, in addition to the continued regulation of some Internet content as programs under CRTC rules, the remarkable scope of the bill also remains unchanged. In fact, there was a 10-page memo that set out what the government could regulate with this new bill: podcasts, audiobooks, sports streaming services and niche video streaming services, just to name a few.

In fact, as Professor Geist explains, and here it comes:

The potential scope for regulation is virtually limitless since any audio-visual service anywhere with Canadian subscribers or users is caught by the rules. Bill C-11 maintains the same approach with no specific thresholds or guidance. In other words, the entire audio-visual world is fair game and it will be up to the CRTC to decide whether to exempt some services from regulation.

Did we just feel a shiver go across this room? Canadians did. Just the thought of having the government-appointed body of Liberal friends in charge of deciding who they want to regulate without legislative guidance, now that is scary.

The uncertainty found in former Bill C-10 is also largely unchanged in Bill C-11. Bill C-11 tries to include some criteria for defining key provisions, such as the user-generated content exception and what constitutes a Canadian creator. How do Canadians feel about vague ways to identify who will be covered under provisions in this bill or what items are left unidentified?

For example, key terms like “social media”, used 12 times in the bill, are undefined. Unfortunately, this is lazy Liberal legislation, or maybe that is what they want us to think. This is their second attempt at this bill and I think they still have it wrong. They have left the door wide open for government regulators to cross lines of government overreach leaving us with only the hope that no government would have the audacity to stoop so low. In thinking that, we are underestimating what the government is willing to do with its power.

When opening the debate on Bill C-11, the minister asked us to “imagine a day without art and culture, no music, no movies, no television or books. It would be really boring.” This bill asks us different questions. It asks us to imagine a day when the Government of Canada decides which music, what television shows or what books are acceptable and how they should be distributed and regulated, with no clear guidelines of what they actually are. It asks us to trust the government by giving them the power to broadly regulate with their word that although they could use it to silence opinions opposed to theirs, they assure us that they would not.

I have considered that world and I have found that the Liberal government needs no extra powers to silence the viewpoints of Canadians.

Online Streaming ActGovernment Orders

May 11th, 2022 / 10:45 p.m.
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Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Madam Speaker, I am thankful for the opportunity to stand in my home to speak tonight to this bill. It pains me to have to do this, as it is another attempt by the Liberals to restrict Canadians’ speech.

I would like to reiterate what so many content creators and their stakeholders have expressed in opposition to Bill C-11 and its predecessor, Bill C-10. No matter what the Liberals claim, this bill is a near carbon copy of Bill C-10 and represents a direct assault on the free speech of every Canadian. That simple fact outweighs any supposed benefit of the legislation, which is why I feel it needs to be stopped.

I had previously spoken on Bill C-10 in the last Parliament. That was before the Liberals decided to vote against aspects of their own legislation in order to target the free expression of average Canadian content creators. At the time, I spoke about the shortcomings of the bill and how it does not succeed in making the changes to our broadcasting system that are needed to ensure that who we are, what we say and how we say it within Canada and to the world are available going forward.

The pandemic amplified that need. We have all spent more time indoors during the pandemic, and without a doubt, more time with family in front of a TV and computer screens cemented the fact that our media landscape has changed forever. Canadians have changed how they gather information and find entertainment. They have also come to realize that there are no limits on the opportunities to choose where they go for their content. Looking at this bill in its present form, I think the Liberals fully understand this new reality. That is why they felt the need to take it in the concerning direction that we see today.

As background, Bill C-11 would give sweeping power to the CRTC to regulate the Internet, with no clear guidelines for how that power will be used. That is significant. Despite claims that this bill exempts user-generated content, the Liberals still plan to allow the CRTC to regulate any content that generates revenue “directly or indirectly”. That means virtually all content would still be regulated, including that of independent content creators earning a living on social media platforms like YouTube and Spotify. In fact, YouTube has been critical of attempts to force-feed Canadian content that Canadians might choose not to watch. Ninety per cent of Canadian YouTubers' revenue comes from beyond Canada. A video’s poor performance within our borders will translate into reduced distribution around the world, threatening an industry that contributes $923 million to Canada's GDP.

This is not a surprising element of the bill. In the last Parliament, the Liberals voted against the section of Bill C-10 that would have at least partially exempted individual users who upload videos to social media sites like YouTube and Facebook from CRTC regulation. They have given the CRTC the power to regulate the content Canadians upload on social media and the social media sites that allow them to publish that content, just like the programming on a licensed television station like CTV or Global.

At the time, the minister also mentioned that the CRTC could impose discoverability regulations on individuals who have a large enough following online. This would put Canadian content at even greater risk, especially the content that the minister or the Prime Minister does not like. The government does not like the fact that Canadians have the freedom to create, criticize and comment online free of government censorship.

The government’s fear of the average content creator is evident through its past actions to curtail debate in the committee. Our Conservative opposition does not oppose elements of legislation without putting forward common-sense amendments. At the heritage committee, members proposed an amendment to Bill C-10 that would have limited regulation to online undertakings with more than $50 million a year in revenue and 250,000 subscribers in Canada. In effect, this amendment would have only applied to large streaming services. This approach was rejected outright, so there is a disconnect here.

Then the Liberals went to the unprecedented length to gag our work in committee. In a move not seen in over 20 years, the Prime Minister and his minister placed time allocation on the work of the committee to properly vet each clause of the bill and hear expert testimony on its effect. This is what they are saying they want in committee now.

Sadly, the Liberals have also shown disrespect for the House and for the fundamental rights and freedoms we have all been elected to defend. The latest motion, Motion No. 11, gives the NDP-Liberal government the power to extend debate daily, without notice, until midnight, while giving it a pass on having to participate and giving the Prime Minister the ability to arbitrarily shut down the House until the fall if he feels that his power is being threatened by the truth revealed in this place.

Over and over again, they have come dangerously close to being exposed for using disinformation to convince Canadians that they have their backs and are motivated by concern for the safety of Canadians, so why would Canadians trust them with this latest version of their anti-speech bill?

On this side of the House, we will not permit them to run roughshod over Canadians’ rights and freedoms without a challenge. I would like to reiterate the concerns of some of Canada’s leading experts on the digital economy and our media landscape, because we want to hear from the people who are the experts, right?

Well, Michael Geist serves as the Canada research chair in Internet and e-commerce law at the University of Ottawa. He has said that, despite the government’s claim, it simply is not the case that Internet regulation is off the table with C-11. According to Geist, “everything from podcasts to TikTok videos fit neatly into the new exception that gives the CRTC the power to regulate such content as a ‘program.’”

He has warned that Bill C-11 actually goes beyond Bill C-10 in empowering the CRTC to control user-generated content.

He says, “As Bill C-10 made its way through the legislative process, new provisions were added to limit the scope of CRTC orders and regulations over online undertakings and user generated content.... Those limits have been removed from Bill C-11, which once again opens the door to a far more aggressive CRTC regulatory approach.”

I would also like to reiterate what Mr. Geist said last year. He said, “We would never dream of saying the CRTC would or should regulate things like our own letters or our blog posts, but this is a core expression for millions of Canadians, and we are saying that it is treated as a program like any other, and subject to regulation.”

To Geist, it is clear that Bill C-11 aims to pick winners and losers in the competitive digital marketplace of ideas. No other country in the world regulates content in the way that this bill is proposing. The government missed a golden opportunity to listen to what Canadians had to say. While they could have fully excluded user-generated content and put strict limits on the CRTC’s power, they chose not to, and that is a concern.

Peter Menzies is another expert well known to the government as the former vice-chair of the CRTC. According to Mr. Menzies, the biggest difference between Bill C-11 and last year’s Bill C-10 is the bill number. He says that the Liberals “continue to believe that the internet is broadcasting, and I don’t think they really understand what it is”.

Well, either they do not understand, or maybe they are so concerned that they are trying to limit that. His input on the debate has justified many of the fears that my colleagues and I have with regard to the practical effect of Bill C-11.

As with so many other bills, and this is important, the Liberals are choosing to throw up their hands and empower the unelected CRTC with defining social media and deciding whether uploaded content passes its smell test. That should not be its job.

Canadians could attempt to hold the CRTC accountable for its decisions if there were public records of its meetings, but according to Menzies, no minutes of their meetings are kept. As a former commissioner, Mr. Menzies knows the mandate of the CRTC better than most anyone. The CRTC does manage speech. In his words:

From the moment the Royal Commission on Broadcasting was established...the regulation and licensing of Canada’s publicly-owned radio waves...has been about who owns it and what speech it will approve to be used upon it....

The CRTC governs what type of music is made, and by who, and when it is played, along with how many hours a week must be designated for “spoken word,” news, “deejay banter” and advertising. It decides what is and isn’t a montage, and it makes sure that if you are a religious broadcaster, you have to give 20 hours per week to people who don’t share your faith.

The CRTC is not a transparent body, whose natural instinct is to regulate and shape speech to align with its definition. The CRTC and the Liberals should not be defining what the public wants in this new digital age.

Conservatives support creating a level playing field between large foreign streaming services and Canadian broadcasters and championing Canadian arts and culture. We have made that clear. However, we do so without compromising Canadians’ fundamental rights and freedoms. There is a poison pill here.

This bill is flawed in many ways. It is clear that the Liberals are caught between their own hunger to control thought and speech, and their inability to grasp the sheer scope of the media landscape that grows by the day.

Bill C-11 is clearly an effort to stifle inconvenient speech in a digital world that the Liberals do not control. They do not want Canadians to make informed choices for themselves, and they do not want to protect their freedom to create content that showcases the best our amazing country has to offer—

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May 11th, 2022 / 10:20 p.m.
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Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, my apologies. “Weeks ago, the Liberals secretly withdrew the section of their own bill that protects individual users' content, resulting in Canadians being subject to broad government powers to regulate their use of social media. The government went even further when it used extreme tactics that have not been used in decades to silence the opposition, keeping Canadians in the dark about their infringement on freedom of speech and ramming the bill through without proper debate.”

At this time, I need to point out the complete hypocrisy of the Liberals and NDP as we are discussing this bill late in the evening, but under time allocation. When the Liberals introduced Motion No. 11, we were told that one of the reasons they were doing so was so that more members could participate in debate on legislation. Why then did the government, with the help of the NDP, pass the time allocation motion on this important bill at second reading, limiting debate and the ability for the remaining opposition parties to hold the government to account? The answer is that this is part of a pattern of behaviour where the Prime Minister and his government run from transparency and accountability.

Here we are: We are debating Bill C-11, which is another encroachment by the Liberals on the fundamental rights of Canadians. It is under time constraints when clearly opposition to the former bill, now packaged as Bill C-11, and its encroachment on freedom of speech, are not partisan matters. It is not just the Conservative Party and its strongest supporters who are opposed to what the Liberals are attempting. Bill C-11 is a mere copy of the Liberals' deeply flawed Bill C-10, and it fails to address the serious concerns raised by experts and Canadians.

I would like to quote from a piece published by Michael Geist on his website on February 3, and I did that just for the member for Kingston and the Islands. It is entitled, “Not ready for prime time: Why Bill C-11 leaves the door open to CRTC regulation of user-generated content”. The opening paragraph reads as follows:

The minister and his department insisted that the new Bill C-11 addressed the concerns raised with Bill C-10 and that Canadians could be assured that regulating user generated content is off the table. Unfortunately, that simply isn’t the case. The new bill, now billed the Online Streaming Act, restores one exception but adds a new one, leaving the door open for CRTC regulation. Indeed, for all the talk that user generated content is out, the truth is that everything from podcasts to TikTok videos fit neatly into the new exception that gives the CRTC the power to regulate such content as a “program”.

He concludes his article on Bill C-11 with the following:

There was an opportunity to use the re-introduction of the bill to fully exclude user generated content (no other country in the world regulates content this way), limit the scope of the bill to a manageable size, and create more certainty and guidance for the CRTC. Instead, the government has left the prospect of treating Internet content as programs subject to regulation in place, envisioned the entire globe as subject to Canadian broadcast jurisdiction, increased the power of the regulator, and done little to answer many of the previously unanswered questions. The bill is not ready for prime time and still requires extensive review and further reform to get it right.

The former commissioner of the Canadian Radio-television and Telecommunications Commission, Peter Menzies, is quoted by Global News as saying the following:

The biggest difference is that it’s called Bill C-11 instead of Bill C-10.... I think they deserve a little bit of credit for acknowledging that some of the concerns that many people raised last spring did indeed have merit, but their efforts at resolving those, I think, are weak.

The campaigns director for Open Media said of Bill C-11 the following:

Treating the Internet like cable television was a bad idea last year, and it’s a bad idea now. The Online Streaming Act continues to give the CRTC the power to use sorely outdated 1980s ideas about what “Canadian” content is, to control what shows up on our online feeds and what doesn’t.

These quotes by experts give voice and detail to the many, many emails that I have received from constituents and from Canadians who oppose this erosion of their freedoms. Canadians are paying attention.

In closing, I do want to remind my colleagues of two very short quotes by a former prime minister, Sir Wilfrid Laurier, who passionately defended individual liberty. He said, “Canada is free and freedom is its nationality” and “Nothing will prevent me from continuing my task of preserving at all cost our civil liberty.” I agree with the former Liberal prime minister, Sir Wilfrid Laurier. I wish the current Liberal Party did as well.

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May 11th, 2022 / 10:15 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, I congratulate my colleague from Shefford on her speech.

I know she is passionate about journalism, the arts and culture, and I know how important this bill is to her. The previous version of the bill, Bill C‑10 was very important to her. This year's bill is all the more important because it is urgent.

Lately we have been talking a lot about the place of indigenous cultures, of first nations. People want to reinstate the space they deserve, to hear their cultures, to hear their voices. Today, I had a conversation with a representative of an Innu community who is also an artist. He said that nobody listened to them, nobody made space for them, nobody gave them ice time in the broadcasting landscape, and it is the same for digital platforms.

Does my colleague think that, without this bill, indigenous cultures, first nations cultures—which some people righteously say should be put front and centre and should take up more space—would be out of luck and forgotten no matter how many nice things we say?

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May 11th, 2022 / 10 p.m.
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Bloc

Andréanne Larouche Bloc Shefford, QC

Madam Speaker, it is with great interest that I rise today to speak to Bill C-11, the online streaming act, which follows on Bill C‑10, an act to amend the Broadcasting Act.

First, as a student of journalism, media arts and technology at the Cégep de Jonquière, which I would like to give a shout-out to, then as a politics and communications student at Université de Sherbrooke and even recently as the critic for seniors, I have heard a lot about what is happening to the media and web giants like GAFAM. That is what my speech will focus on today, because my other colleagues, including the member for Drummond, have spoken at length about the importance of Bill C‑11. In my speech, I will address three points: the link between this bill and local news, the importance to seniors of protecting regional media, and the Bloc's gains in this bill.

The first part of my speech will be a plea to save regional news. For that, I will cite excerpts from Extinction de voix: plaidoyer pour la sauvegarde de l'information régionale, a book on this very subject that was written by a journalist and author from back home, Marie-Ève Martel.

First, by not requiring enough of a contribution from GAFAM and their ilk, we are helping erode regional news content. We can rail against the unfair tax treatment between the news media and the web giants and the federal government's inaction when it comes to remedying the situation. Local news outlets have been part of the socio-cultural landscape in Quebec communities for decades. Many of these outlets played an essential role in their community for years and years before closing up shop.

The uncertain economic outlook for regional news businesses dictates the rules of the game. Economic stability seems unattainable for some. There is a high price to be paid for the dwindling number of journalistic voices out there. It is not uncommon for several small media outlets to be served by a single journalist or a barebones staff. They sometimes get content from national news outlets or other group members to pad the web edition. Televised newscasts are cut down or fleshed out with national news reports on more general topics. In some cases, any white space on the platforms is simply filled with press releases, which means that the message is not subject to a journalist's scrutiny. By using such practices, news outlets can hide the fact that they are producing increasingly less local content, as a result of having insufficient resources to produce as much coverage as they used to.

Journalism is often called the fourth estate, because it is in charge of monitoring the other three, namely the legislative branch, the executive branch and the judiciary, and reminding us of their purpose. We are governed by elected members who advocate for transparency on all fronts, at least in their speeches. In the digital age, they can now communicate with their constituents without an intermediary. Their policies should be available online with just a few clicks. Despite this so‑called transparency, the information is not necessarily more accessible than it was before. There are still many obstacles that will need to disappear before we can be said to have full access to this information.

We have to acknowledge the many barriers making regional journalists' work harder. Although these limitations and barriers are not directly contributing to the disappearance of the media, they prevent the media from fulfilling their mission, so in that sense, they are a threat on the same level as economic uncertainty.

Another equally important role the media plays, regardless of location, is oversight of political power. Elected representatives represent their constituents, so, as officers and administrators of public funds and municipal government, they are accountable for managing them. That watchdog role is one of the main reasons media outlets do what they do. Need I point out that the media took shape as political instruments centuries ago? On behalf of the people, journalists keep representatives accountable and ensure the proper functioning of local governments. That is why they are known as the fourth estate, which some elected representatives sometimes dislike.

Nevertheless, as much as journalists keep an eye on politicians, they also serve them, if only by enabling them to take the pulse of the populace. Many elected representatives rely on local news for information about problems and issues of concern to the people. The media essentially helps build local identities, serves as a catalyst for local unity, and provides a public forum for the exchange of ideas.

Regional media outlets serve as an advertising platform that gives businesses consumer visibility and, as a service, they are a powerful showcase for small and medium-sized businesses.

An American study published in May 2018 found that when local media shuts down, this has a profound impact on the local economy. The study looked at a total of 1,266 counties in the U.S. served by more than 1,500 newspapers, 291 of which disappeared between 1996 and 2015. The authors found that, since the media monitors how contracts are awarded, including by various levels of government, when the media disappears, this has a direct impact. Public spending tends to increase within a three-year period, particularly in the area of long-term borrowing for infrastructure projects.

In the communities that were studied, borrowing costs were on average 0.55% to 1.1% higher in places where there was no longer a newspaper to keep an eye on public spending.

These are just a few examples from the book to illustrate the importance of better protection.

Ms. Martel has recently written another book, Privé de sens: plaidoyer pour un meilleur accès à l'information. It is a plea for better access to information. In it, she explores Quebec's access to information system, which was set up 40 years ago and allows anyone to obtain most documents produced by public organizations. These days, the mechanisms underpinning the system are often outdated. Long wait times, astronomical fees, conflicts of interest, blatant misunderstandings, insufficient resources and redacted documents are some of the numerous and overlapping reasons given for refusing or delaying the provision of information. The book also explores the connection between access to information requests and the democratic foundations of our societies.

We must now remember that in the 20th century, Quebec's and Canada's local broadcasters had two advantages that enabled them to provide free local journalism and increased their revenues.

First, the media could offer a package of products, or a combination of genres and categories, with the profitable parts of the package subsidizing the unprofitable parts, thus ensuring the overall viability of the platform. For example, television stations used to offer all types of programs, including news, sports and others, and they used the profits to subsidize less profitable genres.

Second, radio and television stations and newspapers served as gatekeepers. They provided news that listeners, viewers and readers could not officially or easily have obtained otherwise.

The Internet changed everything. Websites and platforms took off, starting with the classified ads on Craigslist and moving on to international digital platforms, such as Google and Facebook ads, and they were soon able to compete with local media for profits. With targeted print, audio and video media being delivered digitally, the Internet enabled more competition for advertising dollars and for consumers' time and attention, including international competition for these three elements. The competition, especially from global Internet conglomerates, devastated local Canadian media.

The Quebec and Canadian radio and television broadcasting sector is in crisis. An article published by the Canadian Press on August 27, 2020, reported that the short- and medium-term outlook for private radio and television broadcasting in Canada is very bleak. It is high time to subject web giants to the Broadcasting Act by forcing them to contribute financially.

Second, the survival of local media is extremely important for seniors, as this is how they stay connected to their communities. They are worried that the web giants are not paying their fair share, which is jeopardizing the survival of local media. I got a question about this at a debate during the 2019 election campaign. I have also heard from organizations on this issue recently because of my position as critic for seniors.

Third, I have to mention that the Bloc Québécois contributed significantly to the previous version of the bill, the infamous Bill C‑10, and was able to secure the following gains: the protection and promotion of original French-language programs; the discoverability of Canadian programming services and original Canadian content, including French-language original content, in an equitable proportion; the promotion of original Canadian content in both official languages and in indigenous languages; a mandatory contribution to Canada's broadcasting system if a company is unable to make use of Canadian resources as part of its programming; the requirement for first-run French-language content, in order to ensure there are new French-language shows on Netflix, for example, and not old ones; and a sunset clause that would provide for a comprehensive review of the act every five years.

I would like to mention that the Haute‑Yamaska chamber of commerce held its 35th awards gala last weekend, and the daily newspaper La Voix de l'Est won in the category “retail business and services with more than 15 employees”, demonstrating that our local news outlets are an integral part of our economy. Mario Gariépy received the community builder award, notably for his involvement with the committee that turned La Voix de l'Est into a co-operative.

To conclude, this bill is very important to us, because Quebec culture is at the heart of the Bloc Québécois's mission. Broadcasting is undoubtedly the most effective tool for disseminating our culture, and it helps define our national identity. Local artists regularly remind us of this. The Bloc Québécois is obviously in favour of modernizing the Broadcasting Act. We must keep pace, stop the misinformation and move forward. I was barely 10 years old in 1991, the last time this legislation was reviewed.

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May 11th, 2022 / 9:30 p.m.
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Conservative

Eric Melillo Conservative Kenora, ON

Mr. Speaker, obviously Bill C-11, the online streaming act, is a very important issue to talk about today, and I look forward to outlining my thoughts about the bill, and more specifically, some of the concerns I personally have with this particular piece of legislation.

However, if the Speaker will permit me, I want to first begin my remarks by addressing a very urgent and rapidly evolving situation in the Kenora riding. There are many floods across the Kenora riding right now. In fact, Highway 105 and Highway 599 are completely closed off, meaning residents of multiple communities have no way of leaving the community for perhaps urgent medical appointments or other essential trips.

There have been multiple states of emergency called by municipalities across my riding, and the Trans-Canada Highway itself, the only corridor east to west through the country, is actually now at risk of being completely blocked. It is “passable” right now, according to the Ministry of Transportation. However, the actual current detour is going over a Bailey bridge, which cannot support the weight of a transport truck. There is certainly a very urgent situation evolving there.

I am pleased to say I did speak with the Minister of Emergency Preparedness today. He is well briefed on the situation and standing by to provide assistance should it be called upon. I want to assure all members of the House and all my constituents back home in the Kenora riding that this is a top priority, and I will continue to stay in touch with the minister on this to ensure the proper supports are in place. I want to thank the Minister of Emergency Preparedness for his work so far. I appreciate the opportunity to make note of that here this evening.

I will get back to the debate we are having on Bill C-11. In general, I certainly would support creating a more even playing field for Canadian content creators, especially up against many large foreign streaming services. However, this bill, as I am sure has been alluded to by many of my colleagues tonight, is almost an exact replica of the previous parliament's Bill C-10.

I am sure the Speaker will remember Bill C-10, and I can see she does remember it quite well. Obviously there has been a lot of criticism, and not only from members of the opposition here in the chamber but also from folks outside of the chamber, such as experts and Canadians from coast to coast to coast. They raised concerns about that bill and are now raising those same concerns about this bill.

I am hearing that at home in the Kenora riding. Given the current situation, it is not necessarily a top-of-mind issue at this very moment, but it is something many people had been raising to me over the last year, particularly since Bill C-11 was brought back in this new Parliament. I share a lot of the concerns my constituents have brought forward, and that is what I would like to outline in my comments today.

As my esteemed colleague from Barrie—Innisfil, who is here on his birthday, noted not too long ago, through the bill, the government would be giving the CRTC more power without telling Canadians exactly what it plans to do with that power. The minister noted he plans to issue a policy directive after the bill becomes law. That is problematic because in the chamber, we need to know what we are voting on. Canadians need to know what this bill is going to be ahead of time. The lack of transparency is certainly a cause for concern for many of us, myself included.

The bill would also give the CRTC the power to regulate any content that generates revenue “directly or indirectly”, which means virtually any content on the Internet could be regulated, despite the government members claiming that the bill would exempt user-generated content.

If we look back to Bill C-10 and the new iteration, Bill C-11, something that is a major cause for concern for a lot of people is that government overreach and the potential censorship that would come into play when the government would potentially be regulating all of that content. We need some transparency from the government on that.

Through this bill, the government would also get the power, if it becomes law, to boost the content it wants Canadians to see. Again, this is a very dangerous precedent to set in government overreach over what Canadians see privately on their social media and on other sites.

Unfortunately, I have a long list of concerns with this bill, but I would like to take a step back and talk about the scope of this bill. The government is talking about supporting Canadian content creators and promoting Canadian culture and heritage, and that is great, but what we are seeing in the bill is a number of measures that seem to be targeted at specific Canadians, and the regulation of what Canadians see and post on social media.

I can assure members that, if it were a Conservative government proposing a bill such as this, the Liberals would have a very different take on this legislation. Frankly, I am sure we would hear some very strong language coming from Liberal members. However, when they are doing it themselves, of course they do not see a problem.

Another question raised to me by many in my riding is, “What is Canadian content?” There is certainly a very important discussion around that, but not a lot of clarity. There are questions of whether it is Canadian content if something is made in Canada, if a Canadian contributed to it, or if a Canadian wrote something but was not actually a part of it after that. There are a lot of questions as to what Canadian content is. The government is planning to put a commission in place to determine that, but without proper debate and discussion around that beforehand, it does remain a major question mark.

Experts have said that this bill has “limitless jurisdictional, overbroad scope, and harmful discoverability provisions.” When we are hearing this type of language, and not from parliamentarians but from experts in the field, it is really important that we pause and take a step back to reflect on that. Above all else, when we are talking about Bill C-11, it is important that we have a wholesome debate on that.

I know we are doing our due diligence as the official opposition to review the bill. Obviously we have some concerns with it. We want to review the bill, and hopefully bring forward some reasonable amendments to improve it. However, my concern is that we saw the government move closure on this legislation, which is quite detrimental to the debate. There are a lot of members who want to be able to speak on this and share their concerns and ideas. Having a limit on debate, moving closure and not allowing members to speak to this does a disservice to all Canadians because their views are not being properly represented in this place.

The member for Barrie—Innisfil, and once again he is being featured in my speech today, noted that this is a bill that has many concerns around the potential censorship of Canadians on social media. Now we have a Liberal government that is actually moving closure and limiting debate on this censorship bill. It cannot get more hypocritical than that.

The last thought I want to leave the House with today is that there are certainly some important measures or goals set out in this bill. There is no doubt that promoting Canadian content and ensuring Canadian communities are represented in our content is important, but Bill C-11, just like the previous Parliament's Bill C-10 does not appear to be much more than the Liberal government single-handedly deciding which content Canadians should or should not see. That is a cause of concern for me and for many in the Kenora riding, and I believe for all Canadians from coast to coast to coast.

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May 11th, 2022 / 9:25 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, I congratulate my colleague from Argenteuil—La Petite-Nation on his speech.

It was a great pleasure to listen to him talk about improvements that have been made to Bill C‑10, including on the discoverability of content and on developing francophone content. I heard him talk more about francophone, Quebec and Canadian content also. Of course, it was the Bloc Québécois that really pushed for these improvements.

He also talked about another very interesting fact: the specific requirement to create original French‑language content, in other words content produced in French, not translated content.

I was listening to my colleague's speech and I wanted to know whether he realizes that he could almost be a Bloc member. He would just have to change his repertoire on Wednesday afternoons and I think we could get him to cross the floor.

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May 11th, 2022 / 9:10 p.m.
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Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Mr. Speaker, I think that was more of a comment than a question. Here is my quote, “Thankfully, because of the hard work of Conservatives and Canadians, we defeated Bill C-10, so that it never had a chance to become law.”

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May 11th, 2022 / 9:10 p.m.
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Kingston and the Islands Ontario

Liberal

Mark Gerretsen LiberalParliamentary Secretary to the Leader of the Government in the House of Commons (Senate)

Mr. Speaker, there is a lot to unpack there, but perhaps I will just stick to one point. At the beginning of his speech, the member talked about Bill C-10, and if I heard him correctly, he said, “Thankfully, Conservative MPs defeated the bill.” That is not what happened to Bill C-10. Bill C-10 actually passed this House and went to the Senate.

Is the member trying to take credit for the fact that it did not pass through Parliament? That is what he is trying to say. It just goes to the continued manufactured outrage that comes from Conservatives as though they have somehow saved Canadians from the injustices that the Liberal Party is trying to impose upon them just because of some grandiose thinking. The member is trying to take credit for the fact that the Senate was not able to deal with Bill C-10. It is remarkable.

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May 11th, 2022 / 9 p.m.
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Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Mr. Speaker, I rise today to speak to Bill C-11, the Liberals' Internet regulation bill. This is an important bill, because it could have everlasting impacts on how every Canadian experiences the Internet.

Before we fully examine the details, it is critical to state why we are debating this legislation today. The reality is that I would not be standing here today to debate Bill C-11 if it were not for Bill C-10 in the 43rd Parliament. Canadians may recall that it was just last year when Parliament witnessed one of the most alarming pieces of legislation the Liberals had ever introduced since their election in 2015. Many Canadians viewed Bill C-10 as an attack on our freedom of speech, a measure of government overreach and a new means of censorship. I shared these valid concerns and strongly opposed Bill C-10 until the final hour on the final day.

Michael Geist, a University of Ottawa professor and expert in Internet policy, was one of the most outspoken opponents of Bill C-10. Parliament needs to remember his criticism of the previous legislation. He stated, in referring to Bill C-10, “No one – literally no other country – uses broadcast regulation to regulate user generated content in this way.”

Many members of this House voted against Bill C-10 at one o'clock in the morning, as the Liberals tried to ram it through Parliament with as little debate as possible. This is déjà vu. I was one of them. Thankfully, because of the hard work of Conservatives and Canadians, we defeated Bill C-10, so that it never had a chance to become law.

Bill C-10 died, but it has re-emerged as Bill C-11. When the Liberals introduced Bill C-11, the minister responsible for the legislation stated, “This is about making the Internet a better place for all Canadians.” It sounds grand. That statement should have been a red flag for every Canadian. We have heard this kind of language from the Liberal government before. The Liberals say, “Trust us. Everything will be okay.”

It was former president Ronald Reagan who famously said, “The nine most terrifying words in the English language are 'I'm from the government, and I'm here to help.'” It would be unwise for any member of this House to trust that the government has the best interests of Canadians top of mind, particularly on the issue of Internet regulation.

Bill C-11 is legislation that proposes to regulate the Internet. The government wants to influence what you see while browsing the web. It wants to push specific content to the top of our screens so we see it first. Consequently, this would move content down our screens, so we would see less of it. This is what the government really means when it says it wants to make content more discoverable.

The details of what content and how much the government will promote are unknown. This is because Bill C-11 would hand over this decision-making power to the government-appointed body called the Canadian Radio-television and Telecommunications Commission, or as most Canadians know it, the CRTC. The government claims that this is a way of promoting Canadian content, but I believe that if Canadians want to watch Canadian content, nothing is stopping them from doing so.

Why does the government need to reach into the Internet to pick and choose what Canadians discover? Canadians do not need assistance from the government in discovering what they see on the Internet. They are totally capable and free to discover the content they want to see.

The Internet is exceptionally vast in content. An immense amount of content is uploaded on the Internet daily. YouTubers alone upload over 700,000 hours of content every single day. I cannot stress how much content and how many content providers exist in Canada. How can a government body like the CRTC monitor all this content to determine if it meets the Liberal government's standards? It is impossible.

I want to discuss some of the technicalities of the legislation. Although clause 2 of the bill mentions who is not subject to the regulation, it does not address what content is subject to the regulation.

The government claims that user-generated content is exempted from this bill through proposed subsection 4.1(1). However, proposed subsection 4.1(2) creates an exemption for the previous exemption in proposed subsection 4.1(1) and allows the CRTC to determine who is subject to these exemptions. The bill is confusing, to say the least, and I sincerely question whether it was intentionally done this way.

OpenMedia, an organization that works to keep the Internet open and free, and an organization that I had the pleasure to work with on my private member's bill in the previous Parliament, has also raised many valid concerns. The bottom line is, as Michael Geist said, “The CRTC is empowered to create regulations applicable to user content uploaded to social media services as programs.”

Canadians will not fully know who or what is exempted from this bill because the Liberals have yet to announce their policy directive for the CRTC. The Liberals have told Canadians that this policy directive will be given to the CRTC after the bill becomes law, not before, which is suspicious. I think that parliamentarians and all Canadians deserve to know what the government is planning to direct the CRTC to regulate before Bill C-11 can become law.

I want to quote Dr. Irene Berkowitz, a senior policy fellow from Ryerson University. She stated:

The idea that the CRTC can – or should – regulate the global internet, in an age when market intervention should be sharply decreasing, is unworkable and counterproductive, falsely pitting the industry against itself.

I agree with her. Canadians do not want their government regulating the Internet. The government regulates and restricts enough as it is, especially the Liberal government.

Bill C-11 is a very concerning piece of legislation that opens the doors to government overreach. It will impact every Canadian who uses the Internet. Canadians expect their elected officials to study it carefully and debate it thoroughly. However, the Liberals are playing the same political games that they did with Bill C-10. They are limiting the time we can spend debating this important bill. Instead of debating this legislation through the standard parliamentary procedure, the Liberals are supporting a procedure called time allocation to stop debate. The fact that the Liberals would move time allocation while dozens of members of Parliament wish to speak on behalf of their constituents is simply unacceptable. How ironic: government overreach on a government overreach bill. It is sad.

Canadians are concerned any time the government wants to create more regulation. Any time the government wants to regulate what Canadians see or hear is even more concerning. The idea that the Liberals want to promote certain content to Canadians who use the Internet is disturbing. My constituents believe in less government, not more.

As I said earlier, Canadians do not need assistance from the government in discovering what they see on the Internet. They are capable and free to do so themselves. I will be opposing Bill C-11, just as I opposed Bill C-10.

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May 11th, 2022 / 8:45 p.m.
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Conservative

Richard Bragdon Conservative Tobique—Mactaquac, NB

Mr. Speaker, the incredible blooming and blossoming relationship between the coalition partners is quite a thing to witness. I am glad to see members complement one another in the House so incredibly well.

I can assure members that the role of Her Majesty's loyal opposition is to make sure the legitimate concerns that millions of Canadians have are brought to the floor of the House and discussed thoroughly. Many millions of Canadians have expressed their concerns about this bill's predecessor, Bill C-10, and the current bill, Bill C-11. We will continue to stand up for those Canadians.

Online Streaming ActGovernment Orders

May 11th, 2022 / 8 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, it is an honour to stand virtually to join members this evening to contribute to this debate. I am currently in my home riding and am honoured to recognize and acknowledge the territory of the WSANEC nation. I raise my hands to all of them and say hych'ka siem, which is in the language of the traditional people of this land. I hope that Bill C-11 will actually deliver on some of the ideas to increase the indigenous content in what we see from our broadcast media in this country. We have a lot of work to do.

I want to address the bill. I have thought a lot about it, and in some of the debate, the notion that we need to do more for Canadian content has been somewhat ridiculed because there is Canadian content in things like The Handmaid's Tale. Why would we think that needed more Canadian content?

Just for fun, I looked up some of the things that one could think of as Canadian content that never was, like Dudley Do-Right. I grew up with Dudley Do-Right, the accident-prone Canadian Mountie who of course had nothing to do with Canada. It was produced by the people who did Rocky and Bullwinkle. It was in the 1960s that I used to watch that. In 1999, there was a Hollywood film based on the cartoon, and of course none of the people involved were Canadian, and the indigenous characters, who were played in ways that were racially and culturally inappropriate and offensive, were played by actors who were not themselves indigenous. We can go way back, if we want to look for Mounties, to find Nelson Eddy and Jeanette MacDonald from the 1930s, with a score from Oscar Hammerstein, singing Indian Love Call.

It is absurd to think for one minute that a Canadian Mountie makes a show Canadian or that the inclusion of an indigenous character makes it appropriate. It is laughable. We really do have to pay attention to raising up Canadian content.

I can share with colleagues that countries with much smaller populations than Canada has, like Norway or Denmark, have really extraordinary hit programs that people watch even if they have to put up with subtitles. They watch Borgen or watch the Occupied series. Canada has amazing talent, and it is time to make sure that we are not undermined by online streaming.

I am therefore very sympathetic to many of the goals of this bill. It has amendments to the Broadcasting Act, and because the Broadcasting Act protects freedom of expression, we are not going to lose freedom of expression. However, that does not mean I do not have some concerns that I share with other members here.

I want to thank Paul Manly, by the way, the former member of Parliament for Nanaimo—Ladysmith, because he took on all the workload of Bill C-10, which involved a lot of time developing amendments and being stuck in committee, where nothing was moving, and then we had an election. I did want to get out a public thanks to Paul.

I will turn to the things that really need work. The whole piece around the community element needs work. The broadcasters within community radio and community television that take on the role of community really want the community element definition fixed. One of the key concepts that I hope the committee will take on, in listening to community broadcasting, is to make sure that community broadcasting, by its definition in Bill C-11, is understood as fully community run. It is a really important point and we want to take that forward. I will be working in committee as a non-member of committee to get some amendments made so that the act really protects community-run content.

I am also concerned, frankly, about criticisms of the overreach of the CRTC's authority. We should really look at them. I am not sure where I come down on this yet, but Michael Geist, who is a really knowledgeable expert on media, is concerned that there would be an increased and expanded CRTC authority. I did used to practise in public interest law, and I went through some really long, mind-numbing hearings on, for instance, the review of revenue requirements for Bell and the breaking up of Bell, and all the things the CRTC did. It is a very powerful administrative body, and I wanted to mention that to colleagues.

A lot of the councils and advisory bodies to government, like regulatory agencies, generally provide advice to the government. In the case of the CRTC, it has decision-making authority and can only be overturned by a cabinet-level decision, so it is really important that we are careful. This is our one opportunity to really say what the CRTC is supposed to do and what it is not supposed to do. It is what we do when we are legislating, so let us make sure we get that right.

I have to say my confidence in the CRTC was shaken when I realized that it had put Russia Today, RT, on cable networks across Canada. It is a disinformation source that has undermined this country's democracy. I do not know how anyone ever concluded that this was a good idea, but I would like to make sure that we know we have given the CRTC the right instructions by legislation to make sure it is regulating and protecting Canadian content, and ensuring the survival and flourishing of our artistic community, our indigenous community and the French language.

We need to have French broadcasting. That is essential to our multicultural country. I am not convinced that Bill C‑11 has this quite right. It is not perfect, at least not yet.

The other piece I really want to mention is what we do about online content and social media. I know that the hon. member for Fleetwood—Port Kells made reference to this, but I really want to commend the recent work of former chief justice Beverley McLachlin and the quite brilliant academic director of the Centre for Media, Technology and Democracy at McGill, Taylor Owen. They make a very important point: Regulate the system, not the speech.

I really think that our social media approach should not be to look for when there has been a transgression and then go out and punish. I do not think the government or the CRTC should be trying to figure out when speech is hate speech or when it is libellous. We need to create a system where social media enterprises have to themselves take on the responsibility to be fully transparent and accountable.

I am going to read this into the record, before I run out of time. It is from an article by former Supreme Court chief justice Beverley McLachlin and Taylor Owen:

For too long the issue of online harms has been erroneously framed as one of individual bad actors and the regulation of speech, but the problem is one of systemic risk and it must be addressed as such. Canada now has the chance to learn from and build on the policies attempted in other countries and get it right.

That is from the recent May 9 article “Regulate the System, Not the Speech”.

We can do this. Whether it is through this bill or the many others that are looking at social media, we have to fix this. I will close here and just say this. Let us get Bill C-11 to committee. Let us get it right.

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:30 p.m.
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Bloc

Caroline Desbiens Bloc Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Madam Speaker, I would like to thank my colleague for his comment. That is exactly what matters most to me, francophone content.

Had it not been for the Bloc Québécois taking part in the Standing Committee on Canadian Heritage when Bill C-10 and Bill C-11 were being studied, the discoverability of francophone content—its presence, and the obligation to promote it, to recognize it, and to showcase it—would not have been nearly as significant as it is now.

We are satisfied with discoverability now. That was a demand from the sector that we responded to and discussed. My colleague from Drummond did the same for Bill C-11. We are satisfied, and we hope that the sector is as well. I think it is, because we are making sure its voice is heard.

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:20 p.m.
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Bloc

Caroline Desbiens Bloc Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Madam Speaker, I want to begin by sending my regards to all of my friends and associates from the life I led before and sometimes still go back to: the artists, authors, creators and composers. It is a team and a big family that I still belong to, although to a small extent. I send them my sincere regards.

I will begin my speech with a thought, a quote from one of Quebec's great poets, Raymond Lévesque, a friend of mine whom I adored.

Keep running, good people. Don't get involved. At the end of the race, you will find a trash can and death. Tomorrow you will curse those who got you into trouble, and yet you will have let them get away with it.

Let them get away with it. That is what the two main parties that have been taking turns being in government have done over the past 15 years, when broadcasting was revolutionized and digital broadcasters invaded the broadcasting market.

The cultural sector has therefore seen its main sources of revenue swallowed by the digital world. Although it had anticipated this and looked for possible solutions, it came up against outdated federal legislation. Accordingly, as it is capable of doing, it questioned itself, it adapted and tried as best it could to make a place for itself in this miserly and opportunistic monster of a world that values nothing but its own financial interests, without caring too much about what constitutes it, which is content and artistic, cultural, media, literary and visual creation. In short, the gargantuan digital monster is happily helping itself to the buffet, and it has been doing so for a very long time.

The cultural community is losing not only the income from its content, but also the revenue from the sale of traditional media for that content—cassettes, CDs and videocassettes, which we had in my day. In another life, I wrote songs. My songs went from room to room in people's homes on cassettes and CDs. I sold some CDs.

Everyone found their share of income in these media. To keep it simple, let us think of it as a pie, cut into parts proportional to the investment in the production of the work. Copyright revenues and royalties were distributed, as well. There was also an anticipated income from subsequent distribution on social media for creators, writers and composers.

French-language content quotas on the traditional platforms were not perfect, but we managed to hang on by the skin of our teeth. Any success we had on the radio or on television simply gave us a bit of money to invest in the next project. Unfortunately, since the transition to digital, the whole profitability aspect of the exercise has disappeared. People can no longer afford productions, especially independent productions.

Nothing has been done so far to adapt the legislation to this new digital world. Election promises were made in 2015 and again in 2019. A year later, the Yale report backed the government into a corner by making it clear that delaying the exercise any further would be politically disastrous for the government and noting the frustration and desperation of the tourism industry. As a result, the Liberals finally introduced their bill to amend the Broadcasting Act in November 2020.

Better late than never, I guess. We sat down in parliamentary committee, we consulted Quebec's cultural community, and we found several major shortcomings in this bill, including the lack of protections for francophone content; the lack of discoverability, predictability and enhancement of content; and the absence of any obligation for foreign producers to prioritize Canada's cultural potential or to offer compensation if that proved impossible.

The Bloc Québécois has made the priorities of Quebec's cultural community central to its work here. The creators and broadcasters of all manner of cultural expression were pleased to see their needs reflected, first in the original Bill C‑10 and then in the current Bill C‑11. The community is satisfied and, above all, reassured by our work and our signature collaborative spirit, as we seek to come to find the balance that will make a bill the best it can be.

As Bloc members, that is our job. We did it. Eighteen months and a second attempt at the bill later, we ask only one thing, that the House pass that blessed bill.

Right now, the gigantic digital world is still stuffing itself at the all-you-can-eat content buffet. As the former heritage minister from the previous Parliament said during one of his many appearances on a very popular Sunday TV show, the cultural sector has been losing more than $70 million a month since the legislation failed to pass. It has been 18 months since the bill was introduced in November 2020, so that represents $1.26 billion in losses for the creative industry, which equates to $2.33 million a day or $97,222 an hour.

I am part of this cultural sector. I know this community: It is generous, resilient and passionate. It has an ability to bounce back that is absolutely incredible. It possesses the magic of universality and perseverance, and it is used to working hard. We cannot deprive it of the income it is owed. It is unacceptable to keep drawing things out like this.

If I were to walk among my colleagues in the House and take from each of their pockets the amount of money that the cultural community has lost since November 2020, I swear that no one here would like that. That is what we do every day when we postpone passing this bill. We have been dragging our feet since 2020.

My 10‑minute speech will have cost artists and creators $16,203. What are we doing, then? Should I pass the hat?

Online Streaming ActGovernment Orders

May 11th, 2022 / 7:05 p.m.
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Conservative

Warren Steinley Conservative Regina—Lewvan, SK

Madam Speaker, it is a pleasure to join in this debate tonight. I would like to thank the hon. member for Kingston and the Islands for allowing me to change the speaking order today as I have an appointment later this evening. I appreciate that very much, so my thanks to my colleague across the way.

When it comes to the CRTC and Bill C-11, I am not an expert on information, and they are experts on misinformation, or on the Internet and what the CRTC should or should not be doing, so I am going to read a couple of comments from Michael Geist, who is an expert when it comes to information, the Internet, what should be happening with it and how it should be regulated.

One of the problems that Professor Geist has with Bill C-11, which is very, very similar to Bill C-10, is this:

But dig a little deeper and it turns out that the bill is not quite as advertised. While Section 4.1 was restored, the government has added 4.1(2), which creates an exception to the exception. That exception to the exception—in effect a rule that does allow for regulation of content uploaded to a social media service—says that the Act applies to programs as prescribed by regulations that may be created by the CRTC.

It lays out three criteria that this “exception to the exception” may fall under:

The bill continues with a new Section 4.2, which gives the CRTC the instructions for creating those regulations. The result is a legislative pretzel, where the government twists itself around trying to regulate certain content. In particular, it says the CRTC can create regulations that treat content uploaded to social media services as programs by considering three factors: whether the program that is uploaded to a social media service directly or indirectly generates revenue; if the program has been broadcast by a broadcast undertaking that is either licensed or registered with the CRTC; if the program has been assigned a unique identifier under an international standards system. The law does not tell the CRTC how to weigh these factors. Moreover, there is a further exclusion for content in which neither the user nor the copyright owner receives revenue as well as for visual images only.

I think these are some of the biggest issues that we on this side have with Bill C-11. There are some hidden questions within this legislation. The exception to the exception is a big concern, and also that the CRTC has not received all of its marching orders from the Liberal government as yet. We are not quite sure what the mandate for the CRTC is when it comes to online content.

I have received some comments from constituents. Actually, one of them is from country music singer JJ Voss, who just won an award. He is concerned that we would hold this bill up because there are some things in here about Canadian content and supporting Canadian musicians, Canadian culture and Canadians who are really doing great work. That is not our practice at all. What we want to do is make sure that people are protected. Our job as the loyal opposition is to review legislation cautiously to see where there may be some traps, because there are some things in these pieces of legislation that Canadians might not think are good ideas. This, in particular, is one of those situations for sure.

I believe that a lot of people in Regina—Lewvan, the area that I represent in Saskatchewan, are a little unsure of my voting in favour of a piece of legislation if they are not even sure what the mandate to the CRTC is yet or what exactly “an exception to an exception” means. They are really not comfortable with the “just trust us” approach that the Liberal government sometimes takes to legislation. I can understand why. We have gone through a lot of situations over the past two years where “just trust me” has ended up in people not being able to go to weddings or funerals. “Just trust us. We want to have the ability to tax and spend for 18 to 22 months without having any oversight whatsoever”; that is another situation where people do not feel comfortable with the decisions the Liberal government has made.

When it comes to us deciding if this bill is something we can really support, do we not think Canadians have the ability to actually use their own discretion when they are posting online? Why can Canadians not have that freedom of expression or freedom of speech?

When it comes to Bill C-11, those are some of the questions we have had. There is also the fact that, over the last two hours in this building, when we have been talking about Bill C-11, which some people would see as censorship by the government, the Liberals brought in closure on a bill about censorship. One cannot make this up. We had had 30 minutes of questions and answers, when at one point the NDP member for Courtenay—Alberni had the audacity to say that we were holding up legislation just because we asked for a standing vote and did not pass the piece of legislation on division. That is our job. That is why people sent us to this building, to stand up and be counted.

I will not be talked down to by someone from Courtenay—Alberni when the Liberals do not want me to be doing my job. That was an actual conversation during the 30 minutes of questions and answers, when the Liberals once again used closure to try to pass this legislation faster because, quite frankly, I do not think they believe it stands up to the scrutiny that the loyal opposition has been putting it to. It does not pass the smell test. For the constituents who have sent us here, that is really our job.

I think I understand why some of the members across the way say that everyone should pay their fair share, and we agree with them, but why do they really want to get some money back from Facebook and Netflix? I have a list of how much money a few of the Liberal members have spent on advertising on Facebook. The member for Fleetwood—Port Kells, who just spoke about vinyl records, spent almost $5,000 on advertising from June 25, 2019 to May 9, 2022, and that is just coming from his member's office budget. That is $5,000 in taxpayer dollars he spent on advertising on Facebook—

Online Streaming ActGovernment Orders

May 11th, 2022 / 6:50 p.m.
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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Madam Speaker, the Internet is an incredible invention. We have all the information in the world in the palm of our hands. Just as the creation of the printing press in the 1400s changed the course of history forever by allowing information to be disseminated to the masses, rather than just to the elites of society, bringing literacy to millions of people, so too has the Internet revolutionized how we exchange ideas and amplify our voices. It has brought freedom of knowledge and expression to billions of people.

Before the printing press, censorship of dangerous ideas by the elites was easy. All one had to do was round up the heretics who held fringe or unacceptable views, hang them high in town square and burn their handwritten notebooks. With the use of the printing press, dangerous ideas could be shared far and wide, leading to the Protestant Reformation, the scientific revolution, the French Revolution and the age of enlightenment, just to name a few.

Likewise, the Internet and social media have helped spark political revolutions and political movements. They have empowered brave resistance to foreign dictators, like our Ukrainian friends against Vladimir Putin and their courageous fight. Social media has helped empower that and allows for the exchange information at a rapid pace.

We really do live in extraordinary times. This is especially true for our online Canadian content creators. “Influencer” is now a career choice, and Canadian musicians, painters, bakers, commentators and do-it-yourselfers can access billions of people to share their ideas and creations with the click of a button. All one needs is an Internet connection and a smart phone.

Actually, one needs one more thing. They need a government that believes in their freedom to do so. Unfortunately, Canadians are experiencing a government that is trying desperately to control the Internet.

From the very wild and extreme online harms bill, to Bill C-18, the online news act, and now Bill C-11, the online streaming act, which we are debating today, Canada's Liberal government is really butting into every aspect of our online world. It is proclaiming it is here to help and that it will show those big, scary boss streaming services, such as Netflix and Spotify, who the boss is and save us all from the scary, dangerous ideas on the Internet.

In reality, these three Internet bills all have the same aim, which is to regulate what we see when we open our cell phone apps. Canadians may remember how Bill C-10 exploded in controversy last year, but it died on the Order Paper. It is back now in Bill C-11, and while the Liberals claim they have fixed the concerns we had with Bill C-10, Bill C-11 is really just a wolf in sheep's clothing.

The issue with Bill C-10 was its control of user-generated content, the posts and videos that we share and upload on social media. The Liberals say that issue was removed in Bill C-11, but experts do not agree. Notable communications law professor Michael Geist has pointed out that the CRTC has the power, with Bill C-11, to subject user-generated content to regulation, should it so choose.

If folks at home are asking what the CRTC is, it is the Canadian Radio-television and Telecommunications Commission, which has heavily controlled what we have seen on TV and heard on the radio over the past 50 years. Bill C-11 essentially expands the CRTC's powers not only to streaming giants such as Netflix and Spotify, but also to the podcasts, audiobooks and news channels we consume online. It will not just control Canadian-produced versions of those things, but anything coming from anywhere in the world that Canadians want to consume online in Canada.

More than that, Bill C-11, in fact, provides the Liberal cabinet the power to tell the CRTC how to regulate streaming platforms, how to define what Canadian content is and the general policy direction of these Internet controls. It is important to note that cabinet does not have this power currently over TV and radio. This will be a new power. Under the existing law, the CRTC is not directed by cabinet. It is independent, so it can be free from political interference, which is very important. However, this will no longer be the case under Bill C-11. Cabinet will have power over what we see on Internet, which represents an unprecedented expansion of government power.

The bottom line is that Canadian creators have more freedom now, before this bill comes in, than they ever did before with TV and radio. One can become a YouTube star. It is far more accessible than trying to break into network television. Why would the Liberals want to impose the same CRTC regulations they have on TV and radio onto our online platforms? It really does not make sense if we are talking about boosting our Canadian content creators. We know that over 90% of those who are watching our Canadian content are from outside of Canada.

The number of influencers online in Canada earning $100,000 a year or more is rapidly increasing every single year. I really do believe the last thing our online content creators need is the Liberal government sticking its fingers into the regulation controls and messing around with the algorithms that have facilitated the ability of our homegrown creators to share their content with the world.

YouTube, in fact, has alerted the online community and has issued strong warnings to the Liberal government about the negative impacts of Bill C-11, warning that it risks downgrading Canadian content in other countries. If we artificially bump up Canadian content here, and if for whatever reason that Canadian content is not catching the interest of Canadians, the algorithm will actually downgrade that content abroad in competing markets, such as the United States, for example, which a lot of influencers in Canada depend upon.

I do feel that Bill C-11 is not the only thing we need to be worried about. It is worrisome, but there are two other bills as well. There is Bill C-18, which is the online news act, and it has some issues. It has been criticized as interfering in the independence of our news media because it controls how we share news articles on platforms such as Facebook by forcing these platforms to pay news agencies every time we share a news article. Lots of people share news on their Facebook platforms. It is odd this bill would be needed, because this practice is great for news agencies. When one shares their content, it takes us right to their website. It is free advertising.

Australia tried to do the same thing as what is proposed in Bill C-18. Facebook played hardball and banned all sharing of news articles on Facebook until it was able to negotiate something with the Australian government. There are serious issues here. Facebook raised in committee that it is not opposed to doing the same thing in Canada.

Bill C-18 is really just more control from government, but it is not even half as bad as the online harms bill. This is a very scary Internet control bill. In the last Parliament it was known as Bill C-36, and it died on the Order Paper when that unnecessary $600-million election was called, but the Liberals are trying to bring it back again.

It is important to say I welcome a conversation on how we can better fight terrorism organizing online and better enforce existing laws concerning things that are considered fraud, libel, inciting violence, and in particular, child pornography or the sharing of intimate images online without consent. Those are all very important conversations and legitimate issues that need to be addressed.

However, the online harms bill would create a government regulator of speech on the Internet that would decide what is harmful and must be removed. It would be very subjective, depending really on who is behind the curtain dictating what is harmful. Andrew Coyne, in the Globe and Mail, said the bill is “direct state regulation of [online] content”. This is pretty significant.

Twitter said this, which is really concerning:

People around the world have been blocked from accessing Twitter and other services in a similar manner as the one proposed by Canada by multiple authoritarian governments (China, North Korea, and Iran for example) under the false guise of ‘online safety,’ impeding peoples’ rights to access information online.

Twitter is literally comparing this online harms bill to China, North Korea and Iran. It is pretty shocking.

The Liberals are throwing around terms like “misinformation” and “disinformation” whenever they do not like something we say, and we know free speech is constantly under attack. Anything one says these days can offend someone. I am concerned about what bills like Bill C-11 and the online harms bill would do to our freedom of expression online.

Although society has evolved, before the creation of the printing press, the establishment would essentially murder heretics with unacceptable views and burn the books later on. We are not immune to authoritarian control of our freedom of expression.

We would also do well to remember rights and freedoms are not always eliminated in one fell swoop. Often governing authorities will just pick at them bit by bit under the guise of it being for our own good, telling us that they know better than us and they will keep us safe. We have seen this happen in China and it is happening in Hong Kong.

Considering that when he was asked which country in the entire world he most admires, our Liberal Prime Minister said China's basic dictatorship because of its ability to get things done, we should listen when the Prime Minister tells us who he really is. With these three Internet control and censorship bills, I do believe he has made his intentions quite clear. We should all be very, very concerned.

Online Streaming ActGovernment Orders

May 11th, 2022 / 6:25 p.m.
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Bloc

Julie Vignola Bloc Beauport—Limoilou, QC

Madam Speaker, I remember the discussions we had about Bill C‑10 during the previous Parliament, especially with respect to potential breaches of freedom of expression and concerns about social media users being taxed. These same concerns are being raised again, even though the summary, clause 2 and clause 4.1 clearly state that users will not be taxed and even though there are no clauses that restrict freedom of expression.

I now want to talk about access to culture.

It is not right that it is easier for francophones to access Korean content than it is to access media in their first language on some sites. Out of curiosity, I watched a few of the Korean offerings suggested to me and I enjoyed the production, set design and costume quality.

Bill C‑11 will ensure that francophones have access to content that is just as good a quality in their language and will ensure that non-francophones can do what I did and watch content that is made in Quebec and in Canada. Curiosity is something to be developed.

If we want to encourage curiosity and interest, we need to make it easier to access good-quality content, and that is what Bill C‑11 will do. Some members will tell me that people who want access to francophone culture just need to seek it out like I did, but that is a troubling thought.

Why should I have to go looking for expressions of my culture when others never have to look at all to have access to expressions of their own culture?

Are those who might say such a thing really telling me that the only good culture is culture that is readily accessible, or in other words, American culture?

Could it be that they have no problem with the fact that they have no access to content about their own culture, Canadian content? Could it be that they think Canadian culture and American culture are similar?

I can almost hear those same individuals telling me that those two cultures are not one and the same. In that case, why would they not want more people to have easier access to Canadian culture? Why would they not want francophones and francophiles from Quebec, Canada and elsewhere in the world to have access to Quebec and francophone content just as as easily as they do to American or anglophone cultural content?

Bill C‑11 will allow online streamers to broadcast culture and improve access to the cultures present in Canada.

To sum up, for anyone who cares about their own culture, Bill C‑11 is a good bill that deserves to move through the legislative process in good faith on all sides. It deserves it because we should never have to let our culture be managed by a foreign culture.

Bill C-11—Time Allocation MotionOnline Streaming ActGovernment Orders

May 11th, 2022 / 4:50 p.m.
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Bloc

Caroline Desbiens Bloc Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Madam Speaker, here is one last little plea on my part. I am always appalled to see how the government ignores the reality of our artists, artisans, content creators and those who revitalize culture in our world, our beautiful world.

Today, we are spending more time debating whether we should take even more time to debate something that already existed and is now back on the table.

In the previous Parliament, we had Bill C-10. Now it is back on the table as Bill C-11. It has been reworked and improved. The Bloc Québécois put a lot of effort into that, and the sector is happy, but here we still are, talking about the time allocated for debate.

I am rather appalled. I would like the House leader to comment on the urgent need to take action on behalf of these people who are losing money—

Bill C-11—Time Allocation MotionOnline Streaming ActGovernment Orders

May 11th, 2022 / 4:40 p.m.
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Bloc

Monique Pauzé Bloc Repentigny, QC

Madam Speaker, the Bloc Québécois does not support closure motions. We believe that democracy must take precedence over all else.

However, we must deplore the fact that the official opposition does not recognize that the current Bill C‑11 is much better crafted than the former Bill C‑10 and that it could continue to be improved in committee.

Quebec and Canadian artists have been waiting for decades for something to change. The Internet has changed everything. It seems to me that the time has come to pass this bill.

Does the hon. member not deplore the use of closure? It seems to us that the legislative agenda from now until the end of June is not that heavy and that we would have time to continue the debate.

Bill C-11—Time Allocation MotionOnline Streaming ActGovernment Orders

May 11th, 2022 / 4:40 p.m.
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Conservative

John Nater Conservative Perth—Wellington, ON

Madam Speaker, first of all, I find it passing strange that the minister is citing as an excuse for time allocation that there was a lot of time for debating Bill C-10 in the previous Parliament, so I think Canadians would be interested to know that this is truly just a repeat of Bill C-10 from the previous Parliament.

I have a very specific question for the minister. The government is committed to providing a policy directive to the CRTC after Bill C-11 is passed. The government will decide, after this bill is passed, how it will impact things like discoverability, Canadian content and digital-first creators. That impact will happen after Bill C-11 is passed, so we are being told, “Just trust us.”

I have a very simple question to ease the minds of many opposition MPs: Would the government be willing to table the policy directive to the CRTC prior to the passage of Bill C-11?

Bill C-11—Time Allocation MotionOnline Streaming ActGovernment Orders

May 11th, 2022 / 4:30 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I am very distressed that we are once again seeing time allocation. I understand the predicament of the House leaders not being able to properly schedule how long it takes to look at a bill.

However, it is not our fault, as opposition members of Parliament, that Bill C-10 was put back to the starting block because of the election, which we as opposition members clearly did not call.

With Bill C-11, we have had very little time in the House to debate it. We do need to have improvements made. That is clear. I do not want to appear to be in any way joining in any overheated rhetoric that the bill is about censorship, but the bill needs work. It does need to go to committee, but we need to discuss it and debate it first because that is what Parliament is for.

I would urge the hon. government House leader to consider that we enforce our own rules. We would have more well-organized debates if we had the discipline to say we would observe the rule that no member can stand up and read a pre-prepared speech. That would reduce the number of members who are truly engaged on a file and who are able to give a speech off the cuff. It should help organize our House time. I would urge the hon. member to think of that, instead of continuing to use the methods that were honed by the previous government of Stephen Harper.

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May 11th, 2022 / 4:30 p.m.
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Bloc

Caroline Desbiens Bloc Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Madam Speaker, let us remember Bill C‑10 and the work my colleague from Drummond did. I helped him a few times because we were co-critics for arts and culture in the previous Parliament.

Now here we are with Bill C‑11, which covers essentially the same things. The Bloc Québécois has never stopped working with the arts community to make things better.

Here we have a bill that is basically the same and that the community is comfortable with. This is good work that has taken a lot of time and energy, and I think cultural stakeholders in Canada and Quebec are satisfied with it. The Bloc Québécois is very proud of this bill because we were very committed to it and put a lot of energy into it.

I would like to ask the government House leader why he is doing this to us today.

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May 11th, 2022 / 4:20 p.m.
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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Madam Speaker, here we go again. The House just went through the process of debating one of the most egregious power grabs I have ever seen in my time here as a member of Parliament with government Motion No. 11, which basically seizes control of the House. We know that the government used the argument that we need more time for members of Parliament to debate legislation, yet here we find ourselves in an arrangement between the NDP and the Liberals to grab that power. They are still moving time allocation.

This House is going to sit until midnight tonight. That is fine. Conservatives are happy to show up to work. We have just received notice that the House is going to sit until midnight again tomorrow night. That is fine. Normally, this House reserves the last two weeks of the spring session to have extended hours, but we are willing to do the work. We are willing to allow Conservatives and all members of this House to speak on behalf of their constituents, the millions of constituents who have trouble with the legislation that is before the House.

Canadians have a lot of trouble with this piece of legislation. This was formerly Bill C-10. The government is now censoring the House with Motion No. 11 and censoring the House with time allocation on a bill that will censor Canadians online. Why?

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May 10th, 2022 / 2:10 p.m.
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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, Bill C-11 is the latest of the Liberal government's attempts to regulate the Internet and restrict what Canadians can post online.

Bill C-11, which is essentially a carbon copy of last Parliament's Bill C-10, would give sweeping powers to the CRTC to regulate the Internet and limit free expression. To make matters worse, the consequences of this poorly drafted legislation will likely be to weaken consumer choice and hurt the potential of Canadian creators.

There is no doubt that the Broadcasting Act needs to be modernized for the 21st century, but Bill C-11 is not the vehicle to do it. The heritage minister needs to scrap, today, Bill C-11 and go back to the drawing board once and for all.

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May 5th, 2022 / 5:05 p.m.
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Conservative

Jeremy Patzer Conservative Cypress Hills—Grasslands, SK

Madam Speaker, it is an honour to rise in the House once again on behalf of the great people of Cypress Hills—Grasslands. I will begin my speech in this debate by considering the background of the bill. There is a disturbing trend happening under this NDP-Liberal coalition. They do not seem to respect the democratic process, and they do not seem to be interested in protecting it.

Among many other examples, the most recent is the passing of Motion No. 11 to give themselves the power to prematurely shut down Parliament. They do not even pretend to use COVID as an excuse anymore, but they also do not like it when the Conservatives mention that it is long overdue for them to remove restrictions on members, their staff and regular citizens from entering this place or from travelling within our own country, insinuating that they are supposedly undesirable Canadians.

Leaving those things aside though, we are here to debate yet another attempt by the government to extend its overly controlling approach to online content that people can access or publish. That is the problem with Bill C-11. The vast majority of it is a near carbon copy of its predecessor, Bill C-10, with the exception of some minor changes surrounding user generated content. To debate this legislation properly, we need to fully understand how we got from Bill C-10 to Bill C-11.

Let us refresh a few memories here. Originally, Bill C-10 had a section which excluded user-generated content from its scope. At heritage committee, that was suddenly removed. This threw the door open for the CRTC to regulate nearly anything on the Internet. The government faced severe opposition to this and rightly so. At first, it might appear that the Liberals learned something from all the embarrassment, but sadly, if we dig a little deeper, it is clear that they have not.

What is even more sad is that the NDP has sold out and is going along with it. Section 4.1 is back in Bill C-11, but it is now accompanied by section 4.1(2), which allows for an exemption on the previous exception. This creates a loophole for the CRTC to regulate any content that either directly or indirectly generates revenue. In other words, the CRTC can regulate nearly anything on the Internet.

At the heart of the bill is the lurking threat of expanding censorship. It is only a matter of time, as this new opening moves through the process of bureaucracy. We must carefully consider more than the bill in front of us as it exists on paper, otherwise we will move too close to Big Brother for comfort, and it will turn out to be just as toxic as a reality show, but without any of the entertainment value. I hope bad jokes will remain safe from censorship as well.

Liberal members, along with their neighbours in the NDP, may say that this is not the intention behind the bill. If it is not, I will remind them that good intentions can still pave the road to a very bad place, and that is why Conservatives keep on saying and trying to remind them of. We are doing our job as the official opposition because it is our duty to point out any harmful risks in legislation so Parliament can make better decisions on behalf of Canadians.

This is what every MP should keep in mind. When I took my oath of office as an MP, I swore to defend the Constitution and the fundamental rights of every Canadian. Every single MP did the same thing. We are all under that same obligation. It is entirely possible to fix the problems with the bill while achieving what the NDP-Liberals say it is supposed to do. There should absolutely be a level playing field between smaller Canadian broadcasters and larger streaming services. Canadian content creators have something unique to bring to the table, and we all want to see them in the spotlight. No issues there. We are happy to pass this part of the legislation that supports Canadian producers.

However, where it goes too far is that it is unnecessarily wrong for government to control what people can or cannot access online, and ironically, what type of content Canadians should or should not produce. It is extremely irresponsible to ignore the warnings we have received. Before we know it, it could completely get out of hand. If the NDP-Liberals want to deny it, they should explain to Canadians how they are leaving room for it to happen without closing the obvious loophole.

It is a failure of due diligence and there is no excuse for it. Canada stands in a long tradition of free expression. We are admired and envied around the world for a heritage of free speech among many other freedoms. For centuries and over the years in our lifetime, we have seen it practised in newspapers, letters to the editor, and people just simply writing letters to their elected officials.

Today, we all express ourselves on the Internet as a free space. We can post our opinions. We can access information and engage with other people around the whole world. We have done it as citizens, and we do it as members of Parliament communicating with our fellow Canadians. Right now, it is easy to make posts and videos with our thoughts on all kinds of issues, and it all could be subject to regulations. Bill C-11 fails to provide safeguards for our freedom as we know it.

The government could eventually control what everyday citizens post online. This is what Peter Menzies, the former CRTC vice-chair, had to say about Bill C-10 in the last Parliament: “[It] doesn't just infringe on free expression, it constitutes a full-blown assault upon it and, through it, the foundations of democracy.” That should catch all of our attention. The former CRTC vice-chair warned that this legislation is toying with a fundamental right. He is in a position to understand better than some how necessary freedom of speech is for a democratic process to remain intact.

Citizens must always be able to disagree with their governments openly and strongly. We are eroding this right so the government, through the CRTC, could have the ability to regulate what it does or does not like to hear. Quite frankly, it does not like to hear the dissent from the opposition. That said, Bill C-11 would not only give us a paternalistic government, but it might also create practical problems in the area it claims it would help.

Currently, anyone could pull out their device and head over to YouTube, where they can access any content they would like, whether it is kitchen renos, how to fix car problems or content posted by friends, family or people around the world. It works well enough for now, but with the government involved, the CRTC might decide to dictate what content people should see when they search for something specific. While government mandated algorithms analyze how Canadian the content is, what someone is looking for might get pushed to the back of the queue of their search results, if it simply does not pass the test.

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May 5th, 2022 / 5 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I am of the view that we really need to get this to committee. We have so many questions. We have issues we need refining.

To the extent that the online streaming bill does not take into account how some online streaming and online services promote disinformation and misinformation, we see it more now than we did last year when we were looking at Bill C-10. I am wondering if the member would agree that it is time to get the bill to committee so we could hear the witnesses, and refine and improve the legislation.

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May 5th, 2022 / 4:50 p.m.
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Conservative

Brad Redekopp Conservative Saskatoon West, SK

Madam Speaker, I am proud to be speaking on behalf of the constituents of Saskatoon West. We are a diverse group of citizens from many backgrounds and with a variety of different views. They have called me and emailed me over the past year, asking about stopping online censorship. They wanted to be free from government overreach back then, and they feel the same way now.

The people of Saskatoon West also want an end to the unscientific, job-killing NDP-Liberal federal mandates. Many have voiced their concerns on social media platforms. They are concerned that the government is going to block their voices.

Speaking of censorship, the current government has quite a history of shutting down opposing voices, even when it comes to members of its own caucus. We remember, of course, Jody Wilson-Raybould and Jane Philpott.

In the last Parliament, the government introduced its first attempt at regulating the Internet with its Bill C-10 and Bill C-36. These bills generated incredible feedback for me via telephone, written letters, emails and social media. It is safe to say that the overall response was extremely negative and many in the media, many consultants and many ordinary folks were very concerned by this legislation. I had hoped that, after seeing all of the opposition to those bills the last time around, the government would smarten up and rethink this flawed legislation. Unfortunately, smartening up is not in the wheelhouse of the current government, and instead it doubled down and reintroduced essentially the same thing.

Let us dive into Bill C-11. The minister stated that the goal of this bill was to target only big online streamers and exclude day-to-day users. It is supposedly about making Canadian content more accessible. The only problem with this argument is that Canadian content has always been accessible. Canadian producers have been able to jump onto various platforms, such as TikTok, YouTube, Facebook and Twitter, and showcase their content without a problem. Why is there the urge to regulate the Internet now?

The current government members think that the content available for users is not Canadian enough for their liking. This is where things start moving toward online censorship. Essentially, any content deemed unworthy by the NDP-Liberals would be bumped out of people's recommended feeds in exchange for government-approved content. Content that is not Canadian enough for the CRTC regulators would be sent to the back of the Internet, which leads to a question: Who reaps the benefits of this? It is the legacy media.

In this new age, where we get most of our information online, broadcasting companies such as the government's beloved taxpayer-funded CBC have been left in the dust. At the end of the day, they want their content promoted over everyone else's. They are the ones scrambling for advertising revenues. This will throw the remaining content, Canadian or not, to the side. Many experts have raised concerns about this bill being very similar to the NDP-Liberal government's original Internet censorship bill, Bill C-10, in the sense that it would still have the power to block Canadian freedom of expression online.

The former vice-chair of the CRTC, Peter Menzies, stated, “The biggest difference is that it is called Bill C-11 instead of Bill C-10.” He added, “It is unfortunate because they are giving the CRTC enormous powers, enormous powers, and it is not in the DNA of any regulatory body to not continue to expand its turf.”

The major criticism of Bill C-10 surrounded the issue of user-generated content: those pictures, audio files and videos that many of us share daily on social media. There was a clause in Bill C-10 that exempted this from regulation, but it was removed at committee, which created a firestorm of concern. At the very least, I had expected the government to address this issue. Instead, it added an exception to allow the CRTC to regulate user content. Michael Geist, the Canada research chair in Internet and e-commerce Law, stated:

...for all the talk that user-generated content is out, the truth is that everything from podcasts to TikTok videos fits neatly into the new exception that gives the CRTC the power to regulate such content as a 'program'.

In other words, user-generated content is not subject to regulation unless the CRTC decides it is subject to regulation, in which case it is subject to regulation. Are members confused yet? The truth is that the vague language in this bill opens the door for the government to abuse its power and regulate user-generated content. The Internet is our main go-to for information, and many Canadians are earning a good living by making entertaining or educational content on various platforms. The way this bill is currently written, it would limit this creativity and possibly censor a wide range of the content produced online.

Twitter issued these scathing words: “People around the world have been blocked from accessing Twitter [and other services] in a similar manner as [the one] proposed by Canada by multiple authoritarian governments (e.g. China, North Korea and Iran) under the false guise of ‘online safety’, impeding people's rights to access...information online.” It goes on to say that Bill C-11 “sacrifices freedom of expression to the creation of a government-run system of surveillance of anyone who uses Twitter.”

Members should think about that. Twitter was comparing this government to North Korea, and that was before Elon Musk bought it.

The NDP-Liberal government is doing what we have seen time and again: dividing Canadians and stripping away our rights and freedoms one by one. Now, the government is creating a three-headed dragon to take away freedom of expression online from Canadians. These three heads are the Internet censorship Bill C-11, the news regulation Bill C-18, and the expected return of Bill C-36, which would block online content that the government does not like.

If members do not think that this government wants to shut them down, they have not been paying attention. We have seen this government target law-abiding firearms owners by seizing firearms from normal, hard-working Canadians and at the same time reduce sentences for criminals who smuggle illegal firearms into Canada. We have seen it target energy workers who work day and night in our natural resource sectors that, by the way, allow the leader of the NDP to fill up his $80,000 BMW with gas every morning. We have seen it target western Canada's entire energy sector by threatening to shut it down, calling our oil and natural gas “dirty” and at the same time importing oil from countries with horrible human rights records and next to no environmental standards. The Prime Minister still cannot figure out why there is so much division in our country. He is creating it.

In February, when the minister tabled the bill before us, he said that cat videos and social media influencers would not be covered by it. However, this week, YouTube warned Canadians that this simply was not true. A Canadian Press story reported the following:

Jeanette Patell, head of government affairs at YouTube Canada, said the draft law’s wording gives the broadcast regulator scope to oversee everyday videos posted for other users to watch. She told the National Culture Summit in Ottawa that the bill’s text appears to contradict [the] Heritage Minister’s public assurances that it does not cover amateur content, such as cat videos.

I have heard back from many people across this country since last year about their concerns, from when the bill was called Bill C-10. Since then, the calls and emails have just amplified about Bill C-11.

I have a very hard time believing that the use of the bill would only target big online streamers, especially when I have seen first-hand how far this government will go to end criticism. If we flash back a few months to the Prime Minister's trip to Europe, many politicians in the EU called out the member for Papineau's actions during the convoy, and I tweeted about this. Gerry Butts, the former chief of staff to the Prime Minister, tried to dismiss it right away. He said, “If you're getting your news from news outlets—

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May 5th, 2022 / 4:45 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, as to the issue of creators, we had a debate around Bill C-10 on this: When is a product Canadian, even if it is called Canadian something or other? I happen to have family in the film business. They are are actors. A lot of what the U.S. productions that are filmed in Canada do is pay scale to Canadian actors. We all love Ryan Reynolds, and who does not? However, he lives in the States and gets the big bucks. He deserves them, but consider our actors in Deadpool and other films that are filmed in Canada. If they are not getting paid at the same rates and are not getting their careers boosted, we are undermining Canadian content by having a kind of Canadian gloss over U.S. productions, even The Handmaid's Tale.

I put that to him for comment.

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May 5th, 2022 / 4:35 p.m.
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Conservative

Matt Jeneroux Conservative Edmonton Riverbend, AB

Madam Speaker, I am happy to rise in the House to speak to Bill C-11, an almost carbon copy of Bill C-10, which the Minister of Canadian Heritage himself, to his credit, admitted was deeply flawed.

Let me start by first acknowledging the creators, artists, musicians and all those who work so hard to bring Canada’s arts and culture to the world. They undoubtedly deserve to be highlighted and given the opportunity to share our history and stories on the many platforms available in today’s world. Many of my colleagues and I have experienced their work first-hand and have met with many talented individuals across our country. The Conservative Party knows the importance of ensuring that Canadian artists are heard, appreciated and given the ability to share their art not just with Canadians but the world. Creators need rules that do not hold back their ability to be Canadian and global successes.

There is absolutely no doubt that after 30 years, the Broadcasting Act should be updated. Technology has evolved, and the ways in which Canadians create and consume stories have changed. Thirty years ago, the Internet was not what it is today, and people relied on radio, cable television and newspapers to consume content. That is what the Broadcasting Act was designed to regulate. Today, most Canadians consume content on the Internet, from streaming services to social media platforms. We live in a world where digital information is accessible to everyone in this country at any time.

I will first take the opportunity to highlight what Bill C-11 is proposing.

The bill proposes to expand the Broadcasting Act beyond the current platforms to include large foreign and domestic streaming services such as Netflix, Prime and Disney+. It also includes user-generated content created on social media sites such as YouTube and TikTok. This means that newer forms of media previously subjected to little or no government oversight will be brought under the authority of the Canadian Radio-television and Telecommunications Commission, the CRTC.

Many Canadians and I know that Bill C-10 contained similar content and raised concerns regarding free speech, not only from opposition members but from many organizations. The inclusion of user-generated content in Bill C-10 meant that anything Canadians chose to upload or post on social media or on any creative content-sharing platform would fall under the authority of the Broadcasting Act and be regulated by the CRTC. Why was that an issue? There was very little accountability, and it was unclear what authority was being given to the CRTC. There was no indication of what any of the regulations would be, and there would be little to no parliamentary oversight, meaning that a government agency would be controlling what content Canadians see.

Coming back to the bill we are debating today, in Bill C-11 the government has included an exclusion on user-generated content on social media. However, upon reading the bill, there seems to be an exclusion to this exclusion. What does that mean? It means that once again, the government, through the CRTC, could regulate user-generated content.

As Matt Hatfield from OpenMedia stated:

Trying to exclude user generated content from CRTC regulation is a good step, and an acknowledgement by the government that last year’s Bill C-10 was a mistake.

The problem is that it isn’t clear if they’ve actually excluded user generated content. They’re working from a foundation of a clean separation of professional and amateur content on the Internet that simply doesn’t exist. Major Canadian Internet productions like podcasts could find themselves in the worst of all worlds—subject to CRTC regulation, while not able to seek CanCon funding.

While we can acknowledge an attempt by the government to fix its admitted error within Bill C-10, there is still too much uncertainty about the impact Bill C-11 could have on digital first creators.

According to a summary of the 2019 report from researchers at Ryerson University, “there are an estimated 160,000 Canadian content creators on YouTube, including 40,000 who have enough of an audience to monetize their channels. These 40,000 creators have in turn sparked the development of nearly 28,000 full-time jobs”. These are positive economic impacts that should be encouraged and praised rather than hindered and targeted. While the intent of the bill may be to support Canada’s broadcasting industries, it marginalizes Canadian digital content creators who are successfully sharing Canadian stories across the globe.

We on this side of the House believe that large foreign streaming services and social media platforms should not be given unfair advantages over the regulated Canadian broadcasting sector. They should be expected to contribute to and create Canadian content and have Canadians tell Canadian stories. Foreign streamers should pay their fair share.

We all agree that large streaming providers should feature more Canadian content, but what is Canadian content?

Recently, I watched the Disney film Turning Red with my kids. It is set in Toronto and tells the story of what it is like growing up as a Chinese Canadian teenager. The film stars Canadian actors, yet under the current rules, this movie is not considered Canadian content.

A series based entirely on the Toronto Maple Leafs being streamed on Amazon is not considered Canadian Content. The Handmaid's Tale, based on a novel written by a Canadian author and filmed in Canadian cities, is not considered Canadian content. The movie Deadpool, based on a Canadian comic book character, starring a Canadian actor, co-written by a Canadian and filmed in Vancouver, is not considered Canadian content.

This bill would require streaming services to invest in and create more Canadian content. However, these films, biographies and TV show adaptations that most of us would consider Canadian content simply are not. This definition must be broadened so that these large streaming services want to invest in our great Canadian talent and tell Canadian stories.

I want to turn more broadly to the CRTC because I think a large part of the criticism of this bill is about a lack of clarity and the amount of control and regulatory power that would be given to the CRTC.

It will be up to the CRTC to administer this act, and I think there is reason to be concerned. The CRTC is already spread thin and lacks the capacity to carry out the current mandate effectively. How exactly can Canadians have faith in the CRTC’s ability to regulate the Internet and redefine what is Canadian content when it is already struggling to cope with the 4,000 or 5,000 entities in the broadcasting sector? What tools will have to be provided to the CRTC and how much money will this cost taxpayers? My colleague, the member for Saskatoon-Grasswood, asked the CRTC chairman how the CRTC was ever going to pay for this. His response was that it would go directly through the Treasury Board, meaning that Canadians would be on the hook for more regulations and rules, with no oversight or accountability.

The government has proposed Bill C-11 with a “just trust us” approach and has failed to provide clear policy direction on how the CRTC’s regulatory powers would be interpreted. It is unclear whether the CRTC even has the capacity or, to be frank, the competency to actually successfully execute what the government is proposing through Bill C-11.

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May 5th, 2022 / 4:30 p.m.
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Kingston and the Islands Ontario

Liberal

Mark Gerretsen LiberalParliamentary Secretary to the Leader of the Government in the House of Commons (Senate)

Madam Speaker, first off, I want to say that the member is incredibly lucky to have Wyatt Sharpe in his riding. What an incredible young individual. By no means should anybody judge his ability to interview people based on his age, because I know from appearing on his show not that long ago that he is a hard-hitting individual who knows his stuff well in advance.

My real concern over the member's speech is his comments with respect to how this bill would somehow limit user content. I cannot help but think that something that we chuckled at at the beginning of his speech when he talked about Bill C-10 might actually be true. What this bill has in it that perhaps Bill C-10 was not as explicit about is a number of sections that reference making sure that user-generated content is protected: proposed subsections 2(2.1), 2(2.2), 2(2.3), 4.1(1), 4.1(2) and 4.2(3).

I am wondering if the member has actually read this version of the bill or if indeed his comments about user-generated content were based on Bill C-10.

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May 5th, 2022 / 4:25 p.m.
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Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, it is always an honour to speak in the House, but particularly on an issue as important as Bill C-10, or rather, Bill C-11. I apologize. I am in the last Parliament.

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May 5th, 2022 / 4:15 p.m.
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Bloc

Luc Desilets Bloc Rivière-des-Mille-Îles, QC

Madam Speaker, I thank my colleague from Louis-Saint-Laurent for his speech. I have a lot of respect for him.

The Bloc Québécois will be happy to support this bill. The amendments we put forward for Bill C‑10 are included in Bill C‑11, which has to do with the Broadcasting Act.

My colleague has experience as a journalist, and an excellent one, I would add, so I would like to hear what is holding him back from supporting Bill C‑11.

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May 5th, 2022 / 3:35 p.m.
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Bloc

Monique Pauzé Bloc Repentigny, QC

Madam Speaker, indeed, we also see problems with discoverability. In this respect, however, an amendment proposed by the Bloc Québécois to the former Bill C-10 was incorporated into Bill C-11, and it addressed more than just discoverability.

That is why I commend the collaborative work we did with the government in this regard. Everything proposed by the Bloc, including discoverability, was added to the bill. That is why we are eager to support it.

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May 5th, 2022 / 3:35 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, I would like to thank my colleague from Repentigny for her speech and for her passion for Quebec culture in particular and cultural diversity in general.

I think we are at a point where the web giants have to participate in the cultural funding and production ecosystem, especially the francophone one. For years now, these digital broadcasters have been left alone, and it is as if we gifted them billions of dollars.

We agree that Bill C-11 is an improved version of Bill C-10. However, does my colleague not see a problem with the discoverability of content? You can have the best Quebec, French, Italian or Spanish films, but if only American productions are streamed and people cannot find Quebec songs, there is a problem.

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May 5th, 2022 / 3:30 p.m.
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Bloc

Monique Pauzé Bloc Repentigny, QC

Mr. Speaker, that is quite the question. We very much want this to be unanimous. It seems there are still items where the text is not yet definitive. We know that words have meaning and that they can sometimes lead to something other than what was intended.

If the text of certain sections is problematic, let us debate it and make it clear in committee. That is all we ask. I think that the official opposition party should agree, without unreasonably prolonging debate.

The Bloc Québécois was never very happy with the idea of time allocation, even though we found it was necessary in the case of former Bill C-10. However, since certain sections of the former bill were corrected in this version, I would really like the official opposition to provide positive and constructive comments so that we can send Bill C-11 to committee and study it properly.

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May 5th, 2022 / 3:20 p.m.
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Bloc

Monique Pauzé Bloc Repentigny, QC

Mr. Speaker, it will come as no surprise if I begin my speech by saying that standing up for Quebec culture is at the heart of the Bloc Québécois's mission. It is the focus of every MP sitting with me who belongs to our party. Our culture, our history and the French language, the only official language of Quebec, make us stand out in the broader North American communications landscape.

It was therefore natural that the Bloc Québécois should work to improve Bill C‑10 in the previous Parliament. We were very disappointed that it fell by the wayside when the election was called, but I am pleased that it was re-introduced in its new iteration as Bill C-11. These provisions are important to us. Several recommendations that our party made in committee were favourably received by the government before the bill was re-introduced. We salute this spirit of co-operation.

Broadcasting legislation has not been touched since 1991, so updating this legislation now is not repressive, nor will it jeopardize any freedoms. Legislation is undoubtedly the most effective way to ensure that there is more equity when it comes to accessing and broadcasting Quebec and Canadian productions. Essentially, this is a way to spotlight Quebec, Canadian, indigenous, regional and other identities.

Quebec's and Canada's cultural communities have been waiting for decades for the government to update this legislation. The clock is ticking. The first thing the cultural sector called for was for Parliament to adopt the bill as quickly as possible. I was set to give my speech in February. The Yale report was released two years ago. Things are certainly not moving quickly.

The Bloc Québécois has what I would consider an objective view of the 21st century. I often talk about environmental issues. Our positions are based on following the science, taking bold action, implementing strong legislation and so on. Our position on cultural matters is similar, in the sense that we will listen to what sector stakeholders tell us. We need to keep up with the times. The new 21st-century platforms have changed how we interact with the cultural sector as a whole. We therefore need to take bold action and implement strong legislation.

Whichever way we look at our culture and its distinctive colour, which is sometimes loud, sometimes muted, this aspect of our existence in society needs to be viewed through the prism of its fragility. Fragility, not weakness.

Given the startling evolution of information and communication technologies, only someone who is willfully blind could deny the influences of our neighbours to the south. I said influences, but I sometimes feel like calling them imperialist effects. The questions that came up during the study of this bill would never be asked in the United States. The big U.S. conglomerates and other broadcasting platforms with global reach and territory are not so concerned about fragile cultures like ours, which we would like to be protected.

Cultural sovereignty is not an abstract concept. It should never be trivialized. Let us remember part of a speech by my fellow member for Longueuil—Saint-Hubert on the importance of this bill:

Such is the risk of a people becoming nothing more than one demographic among many. A culture, especially a minority culture like ours, is a precious and delicate garden that could be swept away and destroyed by the fierce winds of technological globalization. If that happens, the world would lose our unique and irreplaceable colour from its spectrum. That would be a tragedy for the entire world, because when a culture dies, it is a loss for all of humanity.

That would be infinitely sad.

Imagine taking a trip, hoping to explore new horizons, learn new things and get better acquainted with a culture, only to wind up hearing the same music everywhere, seeing the same values and the same social mores. That would be really horrible. That is precisely why this law is needed, so that we can continue to produce our stories, convey our realities in music or on screen, and, above all, promote them around the world. If this possibility disappears, an entire culture will suffer the consequences.

Culture is the heart of a nation. When culture is eroded, the nation is affected. Quebec is a nation, Canada is a nation, and our first nations, Métis and Inuit communities are nations.

Does anyone here really want to see all that disappear?

Content producers want to see this bill passed. The growing cultural sector in Quebec enthusiastically supports the Bloc’s requests, which seek to enhance the bill.

The Liberals, the NDP and the Bloc supported Bill C-10 and made an effort to improve it during the session, but the Conservatives were against the bill from the start.

The Conservative Party wants the government to intervene as little as possible, and it sees privacy issues everywhere. That is why there has been a major smear campaign. They tried to find all sorts of flaws in the bill, but they were often grasping at straws. The Conservatives used a whole lot of parliamentary manoeuvres to slow down the process. The same thing happened in committee, in both the House and the Senate, despite the fact that the Department of Justice did a legal analysis that stated that there was no impact on freedom of expression. I hope that people believe in the department.

The Conservatives, short on arguments, went even lower.

The hon. member for Lethbridge talked about Quebec culture as being outdated. That hurt us, heart and soul. We do not necessarily want to listen to American hip hop or Nashville's top 10 country pop hits.

Of course, Bill C-11 is garnering considerable interest because all Canadian cultural sectors will benefit from this legislative review. The objective of the new bill is substantially the same. Indeed, Bill C-11 has the same objective as Bill C-10, namely to subject web giants to the Broadcasting Act by forcing them to contribute financially to the creation and discoverability of Canadian cultural content.

Why would we stand idly by and do nothing about what is happening right now?

The major broadcasters and their web giant partners will have to respond to the Canadian government’s legislative expectations. I am thinking about Netflix, Apple TV+, Disney+, Amazon Prime Video and music streaming services like Spotify, YouTube Music and Apple Music.

Our American neighbours sometimes have a chuckle about Canadian culture. They joke about the RCMP’s uniforms, the way we say “eh?” and even poutine and Tim Hortons. They find it all a bit ridiculous. I will bet that the elected members that are fighting the bill tooth and nail do not really see a difference between Canadian and American artistic content. We do see a difference. If we asked these same elected members about Canadian content from emerging artists, they would be surprised to hear that these same artists are in favour of such a law. Once we have clarified the question of the freedom of web users, every Quebec and Canadian cultural sector will benefit.

Under the new version of the bill, creators, users and influencers are exempt from the law. Perhaps this was not clear in Bill C-10, but it is in Bill C-11. Canadian and Quebec artistic talent has merit. Just because the dominant language in the rest of Canada is English does not mean that we should bend over backwards and make concessions that go against our cultural identity.

To conclude, I will say that being mindful of the identity of peoples and their ways of expressing their culture and sense of belonging is in no way trivial or irrelevant.

This is what the Bloc Québécois wants to know: Are we going to govern our digital economy according to our own democratically established laws and regulations, or are we going to keep allowing foreign giants like Google and Facebook impose their rules, mores and standards on us?

I would like to believe that it is still possible for all the elected members of the House to listen to reason so that the bill can be unanimously referred to committee for study.

The Bloc Québécois is proud to stand strong and defend our culture.

Extension of Sitting Hours and Conduct of Extended ProceedingsGovernment Orders

May 2nd, 2022 / 7:20 p.m.
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Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Madam Speaker, it is a pleasure for me to participate in this debate, which I have been following carefully for the past few hours.

Human memory is a curious thing. I am not a psychologist, but I have noticed that humans have a tendency to forget the most painful memories, the difficult and distressing moments of the past, and this can sometimes condemn us to repeat the same mistakes. I think others would agree with me.

At a certain point, people often decide to focus on the positive and forget the negative. When I say “the negative”, I am talking about the crisis we just went through, and are still going through, but it was worse in 2020-21. Life has been completely turned upside down since March 2020, including our personal, family and work lives, and our work in this Parliament, in the House of Commons.

If we go back a bit, we will recall that the House of Commons did not sit for weeks. At the very beginning of the pandemic, it was extremely important to practise social distancing. There were perhaps a few hours once every two weeks where a handful of MPs could come to the House of Commons to adopt measures for Canadians and businesses. Apart from that, we lost a tremendous amount of time before setting up the hybrid Parliament.

Some may say that it is true that we lost time, but they will also accuse us of calling an election and losing even more time. Those who say that are not providing the full picture of what happens in a Parliament with a minority government, which has a very specific dynamic.

If we look at the history of minority governments in Canada, they do not last much more than 18 months. After that, the opposition likes to spin a narrative that the government is not working very well, and it repeats that story out loud day after day during question period. The government then starts to drag its feet for real. The opposition points the finger at the government, claiming that it is not accomplishing anything, that it is getting nowhere and that a new government is needed. That is how it plays out; that is how it has always played out.

I have been an MP under several minority governments, more so than under majority governments. This is the dynamic that usually takes hold, especially after an opposition party elects a new leader and a minority government has been in place for 18 to 24 months. People start thinking about triggering an election.

Our government was operating in a crisis, and it had to go back to voters for a reset, if you will, and a renewed mandate. When the government was elected in 2019, there was no crisis. Later on, it had to implement health measures, and strengthening and extending those measures required a mandate from Canadians. We lost time because of the pandemic, and we were unable to move forward on certain files.

The House has spent a very long time on Bill C‑8, a major bill that is crucial to helping Canada recover from the pandemic crisis. The bill is supposed to implement the fall economic update, but we have not yet passed it, and summer is just around the corner.

Why is it important?

Bill C‑8 provides essential support to workers and businesses to fight COVID‑19 and will continue to support the provincial and territorial health care systems with supplies of vaccines and rapid tests. The more information Canadians have about their health, the easier it will be for them to make decisions that enable them to keep the most vulnerable people—such as seniors and immunocompromised people—healthy, to keep themselves healthy and to keep others safe in the face of this pandemic. Canadians need assurances that they will not get sick when they go to work and that they will not make their loved ones sick with COVID‑19.

Bill C‑8 will also protect children by ensuring that schools have adequate ventilation. We must do everything in our power to prevent outbreaks in schools. This bill would implement a number of tax measures, such as tax credits for businesses that purchase ventilation equipment and for teachers who buy school supplies to facilitate virtual learning.

The safe return to class fund originally provided $2 billion to the provinces and territories to help cover a variety of investments to protect students and staff. The addition of $100 million to the fund is intended to support projects with the primary objective of increasing outdoor air intake or increasing air cleaning to help reduce transmission of COVID‑19.

I would also like to take the time to recognize the great work being done by teachers across the country. They are doing the most important job: taking care of our next generation.

Bill C‑8 is very important for recovering from the pandemic and avoiding a setback. We do not need any setbacks at this point. Things are hard enough, and we are already facing enough challenges, so this is an important bill in that sense. However, it is also a bill that is dragging on. What the opposition does from time to time is drag its feet in an attempt to show that the government does not have the competence to achieve its objectives.

There are other very important bills to be passed as well. I am referring in particular to Bill C-13, which deals with official languages. I represent a community that is predominantly made up of a linguistic minority in Canada, and Bill C‑13 will help better support this linguistic minority. It will enshrine the court challenges program in law, in a way. This program helps official language minority groups defend themselves in court when they are faced with actions such as the Harris government's move to close the Montfort Hospital, or the Harper government's move to cancel the court challenges program. This is therefore a very important bill for the anglophone minority in Quebec, but also for the francophone minority outside Quebec, as well as for promoting the French language and francophone culture in Quebec and across the country.

Bill C-11 is just as vital to promoting Canadian culture, including Quebec culture and French-Canadian culture. Let us take a look back and think about Bill C-10 in the previous Parliament. That was another bill on which the opposition was dragging its feet and filibustering in committee and in the House. They seemed to support the bill initially, but once the Conservatives saw the winds changing, especially among certain segments of the voting public, they changed their tune. This example illustrates how the official opposition decided to drag its feet and create obstacles. Let us get rid of those obstacles and move forward.

Online Streaming ActGovernment Orders

March 29th, 2022 / 5:35 p.m.
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Conservative

Corey Tochor Conservative Saskatoon—University, SK

Mr. Speaker, be it across the floor or at committee, when Bill C-11 gets there, I wonder what the coalition partners are going to ask. How are they actually going to scrutinize the bill when their partner, the Liberal government, is proposing it? In the case of Bill C-10, we did see some questioning from the NDP on that government bill, and ultimately, thankfully, Bill C-10 was defeated. I have less hope for this bill.

I have less hope for the freedoms that Canadians have relied on and expect to have in their country. After the bill passes, we will have an Internet tsar that will tell us what we can and cannot post and what content we can watch. Meanwhile, I have highlighted how problematic it is that through technology we are going to be able to do an end run around that.

What would this bill actually accomplish? I believe that in the end it is going to limit people's choices, not expand them. It will not expand a creator's ability to tell Canadian stories, and that is what needs to happen first. We will see when this bill gets to committee.

I know some members have questions for me and I am going to cede my time and allow them to ask those questions and have a proper debate. I do hope that we have a proper debate at committee, because we have heard from too many Canadians that the bill is wrong.

To the Canadians who are watching, please consider contacting your Liberal or NDP-Liberal government MP at their office and explain why this censorship bill is not right for Canada.

Online Streaming ActGovernment Orders

March 29th, 2022 / 5:35 p.m.
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Conservative

Corey Tochor Conservative Saskatoon—University, SK

Madam Speaker, it is good to hear the NDP members defending themselves on crossing the floor. I think they are going to have to defend themselves a lot, because I believe history will show the follies in the move they have made to prop up the government.

There were also problems with the last time this bill was before the House as Bill C-10. Now it is Bill C-11, but Bill C-10 was at committee. At that time, the NDP did not cross the floor, but the bill never became law, thankfully.

Online Streaming ActGovernment Orders

March 29th, 2022 / 5:15 p.m.
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Conservative

Melissa Lantsman Conservative Thornhill, ON

Madam Speaker, I am honoured to have the opportunity to rise in this place on behalf of the good people of Thornhill to speak to issues within Bill C-11, the online streaming act. It is a new name. As many will remember, in the previous Parliament my colleagues in this place spoke to the issues in a different bill: That was Bill C-10, an act to amend the Broadcasting Act.

While this new bill has a new title, the very same issues exist in this bill as did in the last. It is almost the same bill, with a different name and the same problems. Those problems were an admission of the former heritage minister: He said it was flawed. It was a flawed bill that nevertheless passed the House only for Canadians to be spared its overreach by an election the Liberals deemed the most important in history. That, of course, brought us to almost the same result, with the same bill by a different name. This bill is a near copy of the government's deeply flawed Bill C-10. It fails to address the serious concerns raised by experts and Canadians from coast to coast to coast.

While we will hear members opposite claim that there is now an exemption for user-generated content, which is one of the major concerns the minister admitted was deeply flawed, the new bill would do the same thing as the old bill and would allow the CRTC to regulate any content that generates revenue, directly or indirectly. That means virtually all content would still be regulated, including independent content creators earning a living from platforms such as YouTube, Spotify or even TikTok, which is a favourite of some members in the new government arrangement.

Let me be absolutely clear. Conservatives support creating a level playing field between large, foreign streaming services and Canadian broadcasters while protecting the individual rights and freedoms of all Canadians. That is fundamental. We also know that Canada is home to many world-class writers, actors, composers, musicians, artists and creators. Creators need rules that do not hold back their ability to be Canadian and global successes. With this all being true, there are those who are rightfully warning that digital creators, those we celebrate as Canadian stars, could lose foreign revenue if the government forces digital platforms to promote Canadian content. That means cutting into revenue that Canadian content creators earn, which is the exact opposite of what we should be doing.

The online streaming act would skew the algorithm our online platforms use to match them with viewers' personal preferences. That force-feeding of Canadian content that the government chooses, rather than what might match the viewers' preferences, is no doubt a problem: When they force people to watch something that they may not want to watch, in an effort to promote it, they might be doing the exact opposite. It would suggest that if they force content on viewers, a conclusion could very well be that the forced content is not actually popular, leading of course to potentially less promotion abroad of what was irreparably deemed unpopular by the government or the CRTC.

This is actually disadvantaging our talent, which is arguably one of our greatest exports. Yes, as many in the House know, videos that few people watch are actually harder to find. They do not pop up. They are not promoted. If people do not select the Canadian content the government decides it wants them to watch or that it has offered them, people click on something else, leading to perhaps the dreaded thumbs-down rating. This, of course, knows no boundaries, and it would be deemed less popular here and abroad. Again, the government will say it is not doing that and that it will not regulate YouTube users and TikTok users who post their content, but that is not what the bill says.

The bill would give the authority to the CRTC to regulate any content. Even if people were to take this at face value and believe it, why would the government not make that scope in the bill more clear? Why would it not make it more prescriptive? If it walks like a duck and it talks like a duck, it is probably a duck. Hiding behind the complexity of legislation, as the minister has, should be a concern to every single Canadian who generates content that this bill would regulate and every single Canadian who watches it.

It should be of great concern that the CRTC is being tasked with administering the act. It is a body already stretched to its limits in this country. A fair question to anyone supporting this bill would simply be that if the CRTC lacks the capacity to carry out its current mandate effectively, how can it be expected to take on the entire, infinite Internet? Knowing all that, the CRTC would be handed the power to develop the rules and regulations. It could make those up as it goes along, because guess what? The bill does not stipulate it.

This act would bestow on the CRTC the ability to determine its own jurisdiction without constraints, again despite it having no capacity to even do it.

Let us put that very serious issue aside for a moment and pretend the government bill does not do what it says it is going to do.

When the government sticks its nose in where it does not belong, we find ourselves up against a difficult reality that has become a recurring theme for the opposition.

If this bill is passed, Canada will become the first democratic country to enforce its Internet regulation law. Canada will also become the first country to regulate online content created by people living in Canada.

We will be in good company with dictators from countries like Iran, Turkey and North Korea when it comes to protecting personal freedoms, because the government is not comfortable with a vast, open communication space that exists outside its control.

That is control the government could potentially exert over the tens of thousands of digital first creators who have found a way to earn a living and export their talent globally. We should be celebrating these accomplishments. We should be encouraging their spirit of entrepreneurship. We absolutely should not be punishing them with the demands of this legislation under the guise of creating a “level playing field”, as the government says, “where web giants will pay their fair share”. What we would actually get is like the disappointment we get in a cereal box: We would get an Internet czar, which sounds alarming because it is alarming.

It is important to remind members of the House that the Broadcasting Act was not meant to regulate the Internet. Many will say that this modernization of an act that was put in place for radio and TV will somehow boost the Canadian arts and culture sector. To that, I say I have a bridge to sell them. It is not going to happen. That is not how it works. More regulation has never, and will never, incentivize more artistic creation, let alone more wealth and success for creators, because one thing is for certain. When the government-instructed bureaucrats pick winners and losers, there are no winners in this realm or in any other in the history of government. Having the government pick winners, based on how Canadian content is viewed or how it decides what we will watch, is an imposition on our freedom to choose what we actually want to watch. It also does not lead to more Canadian content.

Bill C-11 is a solution looking for a problem that does not exist. I hope members of the House will carefully review every aspect of this bill because, as a member before me said, it is going to have grave consequences for generations to come. There is a lack of clarity in this bill on what it is going to do. Instead of promoting our Canadian creators, it actually punishes them.

I hope that members of the House will think of their rights and freedoms on the Internet before they agree with the current government's illogical pursuit to control what we see online.

Online Streaming ActGovernment Orders

March 29th, 2022 / 5 p.m.
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Conservative

Gerald Soroka Conservative Yellowhead, AB

Madam Speaker, I am pleased to rise in the House to speak on Bill C-11, an act to amend the Broadcasting Act and to make related and consequential amendments to other acts.

I have received many concerns about this bill from many of my constituents. They are worried this bill is against the freedoms their ancestors fought and died for. In their view, Bill C-11, which is also known as the online streaming act, is an overreach that would slowly erode their freedoms and eliminate their free speech.

This bill would give the CRTC enormous powers by putting the commission in charge of regulating streaming services and video sharing sites as well as traditional broadcasters. Will the regulator be prepared to handle sweeping jurisdiction over audiovisual services around the world? Where is the evidence the CRTC has the expertise to address these issues?

Matt Hatfield, campaign director of Open Media, stated, “The online streaming act continues to give the CRTC the power to use sorely outdated 1980s ideas about what 'Canadian' content is, to control what shows up on our online feeds and what doesn't.” By making the CRTC the de facto regulator of the Internet, the Liberal government's strategy poses a serious threat to innovation, competition and freedom of expression.

There are still concerns the law could apply to people using and posting content on social media. It is simply a “just trust us” approach. It is all there in the text of the new legislation, which looks remarkably like the old legislation known as Bill C-10.

While the bill numbers have changed, the purpose of Bill C-11 has not. The bill states its purpose is to add online undertakings for the transmission or retransmission of programs over the Internet as a distinct class of broadcasting undertakings. The reason for that is so the CRTC can determine the proportion of programs to be broadcast that shall be Canadian programs.

Canada is home to many world-class writers, actors, composers, musicians, artists and creators who need rules that do not hold back their ability to be a Canadian and a global success. The Liberals claim there is now an exemption for user-generated content, but this legislation would allow the CRTC to regulate any content that generates revenue directly or indirectly. That means virtually all content would still be regulated, including independent content creators earning a living on social media platforms like YouTube or Spotify.

The term “web giants” is frequently used by the Liberal government when talking about Bill C-11 and broadcast reform. According to Facebook's Ad Library, at the time Bill C-11 was tabled, the Liberal Party of Canada's Facebook page spent $4,233,000 on paid ads since June 25, 2019, and the Prime Minister's Facebook page spent $2.8 million on paid ads. How does the Liberal government justify its attack on so-called web giants in speeches while it keeps putting money into Facebook to promote itself?

If this bill passes, Netflix, Prime, Apple Music or Stitcher accounts would be required to ensure the discoverability of Canadian content. What exactly are the details? Public Works and Government Services Canada's own annual report on Government of Canada advertising activities from 2020 to 2021 shows that the Liberal government spent $11.6 million on advertising on Facebook and Instagram, $3.2 million on Twitter, $2.8 million on Snapchat, $1.5 million on Linkedln, $377,000 on TikTok and $265,000 on Pinterest. Why does the Liberal government say one thing and spend taxpayers' money in another way?

Dr. Michael Geist, Canada research chair in Internet and e-commerce law at the University of Ottawa said, “for all the talk that user generated content is out, the truth is that everything from podcasts to TikTok videos fit neatly into the new exception that gives the CRTC the power to regulate such content as a 'program'.”

There are many issues with Bill C-11 for digital-first creators that are said to be given to the CRTC. It is too broad and could include every piece of content online. Most alarming is that there is still room in the bill for the government to force platforms to put approved Canadian content ahead of independent Canadian content and artificially manipulate the algorithms. This bill only has downsides for digital-first creators. While the traditional media industry gets their funding doubled, the requirement for streamers to pay into the creation of Canadian content could see some services leave Canada.

Digital content creators in Canada have been successful in building platforms such as YouTube, TikTok and others that export Canadian content to the rest of the world, not only bringing revenue from other countries back home to Canada but also hiring local taxpaying Canadian workers. These achievements should be supported, celebrated and encouraged.

Bill C-11 is presented to support the future of the broadcast industry but ignores all the global reach of Canadian digital success stories in favour of an outdated delegated broadcast model. The only thing that Bill C-11 will succeed at is falsely swaying the procedures of social platforms. This could eventually have a negative effect on Canadian content. What it will do is marginalize the people who, through their hard work and dedication, are making an impact by sharing Canadian content worldwide. YouTube's algorithm, which applies across borders, detects whether a video has been watched, ignored or turned off partway through, as well as whether it gets a thumbs-up or it is disliked. This influences how the content is promoted, not just in Canada but beyond its borders.

Bill C-11 subjects streaming companies, such as Netflix, to the same rules as traditional Canadian broadcasters. It would force web firms to offer a set amount of Canadian content and invest heavily in Canada's cultural industries, including film, television and music. Because of our relatively small population, will they make these financial investments to create Canadian content?

The bill will also update the 1991 Broadcasting Act, which predates the Internet revolution that changed the way people watch film and video content and listen to music. The government says the bill would not regulate user-generated material and would give platforms room to decide how they promote Canadian content, yet critics warn this could lead to the regulation of people posting videos on YouTube. In 2020, Oxford Economics calculated that YouTube contributed $923 million to Canada's gross domestic product, including payments from ads alongside YouTube videos and royalty payments to music labels.

I question whether the government should even get involved in determining what constitutes Canadian content. With Bill C-11, it would seem the Liberals don't want to hear from digital-first creators and their thoughts on the destructive impact Bill C-11 will have on them if passed. If passed, Canadians could see fewer services offered, more government regulation of what we can watch or listen to online and a loss of jobs.

Bill C-10 was problematic. Its replacement, Bill C-11, is no better and should be scrapped. We Conservatives support creating a level playing field between large foreign streaming services and Canadian broadcasters, while protecting the individual rights and freedoms of Canadians.

In closing, we Conservatives will continue to bring forward amendments to protect Canadians' free speech and the livelihoods of independent content creators by carefully reviewing every aspect of Bill C-11, and we expect the Liberal government to allow the full study and review it requires.

Online Streaming ActGovernment Orders

March 29th, 2022 / 4:55 p.m.
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Conservative

Brad Vis Conservative Mission—Matsqui—Fraser Canyon, BC

Madam Speaker, what I am supporting is the right of Canadians to decide what they want to do on the Internet with their own free time. Frankly, when a Liberal member tells me that the Liberal Minister of Canadian Heritage has given us a guarantee, all we have to point to is Bill C-10. The former minister of the environment frankly lied to Canadians over and over again about the impact the bill would have on Canadians and social media. I find it disingenuous that the minister would even quote—

Online Streaming ActGovernment Orders

March 29th, 2022 / 4:45 p.m.
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Conservative

Brad Vis Conservative Mission—Matsqui—Fraser Canyon, BC

Madam Speaker, today I am so pleased to speak to Bill C-11, an act to amend the Broadcasting Act and to make related and consequential amendments to other acts.

This bill is big, and this bill it really big news. When a lot of Canadians where I come from think of what the government does well and does not do well, it often relates to what we might watch on TV or what we might stream on the Internet, so in terms of consequences in our day-to-day lives, what we are talking about today really does matter.

It was in 1932 that the Canadian Radio Broadcasting Act was passed, which recognized the importance of radio broadcasting concerning educational, social and cultural development on a national level. Throughout the years, this act was revised and modernized, with the last update occurring in 1991. The world has changed over the last 30 years, especially with the rise of social media and the Internet.

Today, our current government says it is updating the act for today’s digital world to ensure that Canadian content is reflected in online programming. While there is a need to promote Canadian content and support Canadian creators, is the government truly respecting user choice, or is it trying to control what we see and hear online?

The heavy tone of all the regulations in this bill, in my opinion, is more of government oversight rather than cultural and language promotion. Why is the government telling the subject matter experts how to use their language and what stories they should be telling?

For example, under section 9.1, subsection (1)(d), the CRTC regulates:

the proportion of programs to be broadcast that shall be devoted to specific genres, in order to ensure the diversity of programming;

Is the government trying to tell us how many comedy, drama or horror programs that broadcasters under this act, in the age of social media and the Internet, would have to offer?

Last year, I did a survey on the previous iteration of this bill, Bill C-10. I heard from one elderly gentleman in my riding who was angry because he did not have any say over which channels he could get in a basic TV package. These are covered by the current Broadcasting Act and CRTC regulations, which would be amended by the legislation we are debating today.

In the modern era of broadcasting in Canada, more government oversight has meant fewer options for viewers. People do not want to be told what programs they have to include and pay for in their cable packages. This has led to a domination of traditional media by a few legacy giants, whose viewership continues to decline year over year as many are choosing the Internet and its vastly more diverse range of content and options.

This legislation risks causing the same reality we witnessed with cable TV, but applied to the Internet, including fewer choices, and fewer independent actors and creators. At the end of the day, is this just another attempt by the government to prop up failing legacy media?

Bill C-11 was the government’s opportunity to move into modern day concepts of broadcasting programs. The government claims it wants to modernize the Broadcasting Act of 1991, yet Bill C-11 is basically using the exact same definition of broadcasting, meaning the starting point for regulation in Canada is that all audiovisual content would be cast as programs. Had the government perhaps distinguished between conventional and on-demand broadcasters versus video sharing platforms, like was done in the European Union, there would be no need for exceptions, exemptions and exclusions, which are riddled throughout this legislation.

It is not me saying that. It is Michael Geist, the Canada research chair in Internet and e-commerce law. He explained that, when we start with legislation that includes everything and we try to narrow it down, we simply cannot. We end up with loopholes, undefined services, and plain and simple confusion.

Rather than clearly define what needs to be regulated as broadcasting, this bill would leave much of those decision-making powers up to the CRTC. This limitless reach of the CRTC was even identified in an internal government memo during the committee process of Bill C-10, the last iteration of this legislation. The memo stated that social media services such as YouTube and Facebook greatly expand the number of individuals and other entities than can be said to be transmitting programs over the Internet. It also highlighted the importance of limiting the power of the CRTC to regulate user-generated content.

Despite this, the government removed the exemption for user-generated content in Bill C-10. Now in Bill C-11, the government claims the exemption is back with proposed section 4.1. The government now says it listened and fixed the concerns around social media. However, when we look at proposed subsection 4.1(2), we see there is an exception to the exception, and indeed the government does allow for regulation of content uploaded to social media. How are users and content creators to know if they are the exception or the exception to the exception?

Proposed subsection 4.1(2) states:

(2) Despite subsection (1), this Act applies in respect of a program that is uploaded as described in that subsection if the program

(a) is uploaded to the social media service by the provider of the service or the provider’s affiliate, or by the agent or mandatary of either of them

Subsection 2(1) would define “affiliate” as follows:

in relation to any person, means any other person who controls that first person, or who is controlled by that first person or by a third person who also controls the first person

My tongue is already twisted; this is really complicated stuff. It seems to apply to YouTube creators and other creators, but with the vague definition and really challenging legislation to read and understand, we do not know. It is almost like the government tried to make it as complicated as possible so people would not understand the complexity of what it is trying to achieve, which we still do not know either.

Podcasts, one of the richest spaces for user online expression, would fall within CRTC power to regulate content as a program. This bill is trying to categorize, in very convoluted language, any and all Canadian content on the Internet as broadcasting. It simply is not. Foreign services that carry modest Canadian presence or services might not take so kindly to CRTC oversight. Their first response may very well be to block the Canadian market entirely, leaving many Canadians with less program choice, more expensive services, particularly with respect to access to multicultural programming, and algorithms that do not meet their needs online or respect their choices.

One of the key questions I get from constituents regarding this legislation is “Will I now be subject to CRTC regulations for what I watch and do on the Internet?” Recently, Darcy Michael, a comedian from B.C. with a large following on TikTok, expressed his concern with how the bill will affect artists in the digital space and those consuming culture online. Mr. Michael cautioned that CRTC oversight would limit creativity of independent artists and that the current system of “user-generated content exists because it works”. Algorithms right now, as I understand, reward content that is popular and it is shown to people who are likely to be interested. That is how Mr. Michael has made a lot of money and has done it as an artist. By showing Canadian content to viewers who are less likely to interact with it, we hurt its ability to reach foreign viewers and the creator's ability to make a living in the digital marketplace beyond the limited Canadian media landscape. Therefore, one of the most disconcerting issues is the financial impact this bill will have on Canadian creators, many of whom have large foreign audiences and are the real reason people know about Canadian culture in the first place.

In conclusion, there is so much to cover, but this is not the 1930s, the 1950s or the 1990s, when we would turn to the radio or television to hear the news or watch a local hockey game. This is 2022, and we are constantly facing new media platforms. We need to eliminate the uncertainty this bill creates. We need to avoid the problems this bill will create. We need to define key provisions, decide on what actually constitutes a Canadian creator, fully exclude user-generated content and limit the scope of the bill to a manageable size. It is unrealistic in the 21st century to think the government can regulate the Internet, and the consequences of doing what we are doing here today will be felt for a long time in ways that we do not understand.

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March 29th, 2022 / 4:30 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Madam Speaker, I am very proud, as always, to rise in the House to speak for the incredible people of Timmins—James Bay.

We are here to talk about Bill C-11. We have to step back into the last Parliament where we had Bill C-10, which this is the update of, and what was then Bill C-11, which was supposed to be about addressing the long outstanding need to bring Canada's laws up to standard in dealing with the tech giants.

This Bill C-11 was the old Bill C-10, which should have been pretty straightforward. Who does not want Facebook to finally start paying tax? This is a company that made $117 billion in profit last year, up $31 billion in a single year, and it is not paying tax. That is what Bill C-10 was supposed to do, but then it was our modern Minister of Environment who was then the minister of heritage who turned it into a total political dumpster fire. It was so bad the Liberals had to call an election, just to get that thing off the table.

Now the Liberals have brought it back. At the time, then Bill C-11 was supposed to be the privacy bill, a pretty straightforward thing. However, that was another dumpster fire, because the Privacy Commissioner had to come out and say that the Liberal plan to update privacy rights would actually undermine basic Canadian privacy in the realm of digital technology. Particularly, the Privacy Commissioner found this American company, Clearview AI, broke Canadian law for their illegal use of images in facial recognition technology. In response, the Liberals were going to rewrite the rules so it would be easier for Clearview AI to break the law, rather than for the Privacy Commissioner to protect Canadians.

The Liberals had to call an election to erase all of that. Now the Liberals have been given, as they have so many times in the past, one more chance. The deus ex machina comes down and gives them a chance to do things all over again.

Now we are looking at this Bill C-11. I can say one thing about this Bill C-11 is that it fixed a lot of the problems with the previous dumpster fire, maybe by moving the minister, although God help the planet now that he is looking after the environment. That is just my own personal thoughts from having read his ridiculous environment plan today. What he was going to do for culture, he is now doing to our environment.

Having said that, I would say that there is a couple of key issues we need to be looking at. We need to be looking at the need for Canada's legislation to actually address the right of artists to get paid in the digital realm. For too long in Canada we sort of pat our artists on the head. We all talked about the favourite TV shows we had growing up. One of the Liberals was talking about the Polkaroo.

Arts policy should not be that we just pat our artists on the head. This is an industry. It is one of our greatest exports. We are not promoting arts as an export or promoting our artists to do the work they need to do. We saw from COVID the devastating impacts on Canada's arts industry, on theatre, on musicians and on the tech people, the highly skilled tech people who went over two years without working. We really need to address this. One of the areas where they have been so undermined is online.

Let us talk about Spotify. It is basically a criminal network in terms of robbing artists blind. The number of sales one needs to have on Spotify to pay a single bill is so ridiculous that no Canadian artist could meet it.

We have streaming services that are making record fortunes. Therefore, it is a reasonable proposition to say that they are making an enormous amount of profit and they have a market where they do not have any real competition, so some of that money, and this was always the Canadian compromise, needs to go back into the development of the arts so that we can continue to build the industry.

The one thing I have also come to realize is that what the digital realm gives us and what streaming services give us is the ability to compete with our arts internationally on a scale that we never had before, if we are actually investing. Let us not look at it in a parochial manner, like what was done with the old broadcasters, where it was one hour on prime time a week they had to have a Canadian show on. Let us actually invest so that we can do the foreign deals. Why is it I can watch an incredible detective show from Iceland on Netflix, yet people in Iceland are not seeing an incredible detective show from Canada?

This is what we need to be doing. This is a reasonable position to take. With the profits that Facebook and Google are making, they can pay into the system. That is simple. They have unprecedented market share.

I will go to the second point, which is dealing with the tech giants. It is something I worked on in 2018. Our all-party parliamentary committee came up with numerous recommendations. I have to speak as a recovering digital utopian because there was a time when I believed that when we let all these platforms come, if we stood back and did not put any regulations on them, they would create some kind of new market promised land, but what we saw was that those dudes from Silicon Valley who were making YouTube in their parents' garage morphed into an industrial power that is bigger than anything we have ever seen.

There is a term, “kill zone of innovation”, where these companies have become so rich, so powerful and have such unprecedented corporate strength that it dwarfs anything we have ever seen in the history of capitalism, companies like Facebook. When Facebook gets a $5-billion fine, it does not even blink. It does not bother it. When the Rohingya are launching 150-billion U.K. pound lawsuit for the mass murder caused because of the exploitation of Facebook's platform, we realize we are dealing with companies that are so much beyond that they do not believe that domestic law applies to them. There has to be some level of obligation. I have worked with international parliamentarians in London, and there were meetings in Washington, trying to see how we can address the unprecedented power.

There is one thing that changed fundamentally when we saw the growth of this power. There used to be a principle that the telecoms would always tell parliamentarians, which was that we should not be blamed for what is in the content because, as they say, the pipes are dumb. We just send out the content and people choose, but people do not choose the content on Facebook and YouTube because of the algorithms. It is the algorithms that make them culpable and responsible.

I refer everyone to Congresswoman Carolyn Maloney, who demanded Facebook explain how many of these stolen bot pages were driving misinformation during the convoy crisis here in Ottawa. Congresswoman Maloney wrote, “Facebook’s history of amplifying toxic content, extremism, and disinformation, including from Russia and other foreign actors” is well known. It is no wonder that some members on the Conservative backbench are so defensive about this bill. My God, this is their main source of news. What are they going to do if we start dealing with bot pages that they think is something that came down from the promised land?

As parliamentarians, we have an obligation to address bot accounts. We have an obligation to hold these companies to account. What does that mean? Number one, it is about algorithm accountability. I do not care what someone watches on Facebook or YouTube, that is their business, but if the algorithm is tweaked to show people what they would not otherwise see, Facebook is making decisions for them.

I would refer my colleagues to Tristan Harris, the great thinker on digital technology. He spoke to the committee in 2018 and said, “Technology is overwriting the limits of the human animal. We have a limited ability to hold a certain amount of information in our head at the same time. We have a limited ability to discern the truth. We rely on shortcuts” like thinking what that person says is true and what that person says is false. However, what he says about the algorithm is that the algorithm has seen two billion other people do the same thing, and it anticipates what they are going to do so it starts to show people content. What they have learned from the business model of Facebook and YouTube is that extremist content causes people to spend more time online. They are not watching cat videos. They are watching more and more extremist content. There is actually an effect on social interaction and on democracy. That is not part of this bill.

What the all-party committee recommended was that we needed to address the issue of algorithmic accountability and we needed to address the issue of the privacy rights of citizens to use online networks without being tracked by surveillance capitalism. With this bill, we need to ensure that these tech giants, which are making unprecedented amounts of money, actually put some money back into the system so that we can create an arts sector that can compete worldwide.

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March 29th, 2022 / 4:20 p.m.
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Bloc

Louise Chabot Bloc Thérèse-De Blainville, QC

Madam Speaker, I sincerely hope that Bill C‑11 will be passed as soon as possible.

I applaud the work that our colleague from Drummond did in committee. I am very happy that Bill C‑10, now Bill C‑11, is before the House today.

I do not understand why anyone would oppose this bill. The Canadian Radio-television and Telecommunications Commission Act is archaic and toothless.

Francophone cultural content is in decline, and all our broadcasters are losing momentum. I believe we must act to resist the web giants of the world. Personally, I find this very important.

My question for the member who spoke is this: If this bill passes, it will go to committee. How much time will it take for the CRTC to implement the changes?

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March 29th, 2022 / 3:25 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, I will be splitting my time with the member for Renfrew—Nipissing—Pembroke.

History seems to be repeating itself. Canadians will recall, but here we are again. Having debated Bill C-10 last spring, we are now debating its replacement, Bill C-11. The new heritage minister will try to tell Canadians that he has fixed the problems that existed in the former legislation. However, this is an extremely misleading statement.

My time is short, so I am going to cut to the chase. The government claims that the bill is about support for Canadian culture and levelling the playing field. I would like to see Canadian culture promoted and celebrated, so let us explore that for a moment.

I have two questions. First, is the bill about meeting Canadians where they are at in the 21st century and celebrating the amazing work being done by digital first creators to produce Canadian content and enhance culture in their very own unique way, or is the bill about the government imposing its definition of Canadian content in order to fulfill a government-driven agenda? Second, will the bill truly level the playing field, or will it be used as a cash grab in which those who have worked hard to expand their viewership and generate revenue are forced to subsidize the traditional media industry, which is producing content for which there is little to no demand? I realize that these questions make the government uncomfortable, but they must be asked in order to understand this legislation.

My grandparents were not required to subsidize horse and buggies when cars became an alternative. Society moved forward in an innovative way, because it just made sense.

In effect, Bill C-11 would put in place an Internet czar, the CRTC, which will govern how easily creators, those who post, are able to make their content accessible online to those of us who view it. In other words, it would impact what Canadians can and cannot access. It would be an act of censorship.

The Internet is a vast, infinite and magical space where all Canadians, no matter their background, are able to post and engage. In the new public square where we engage with one another, we do it through writing, audio and visual arts. For many Canadians, socializing online is the new norm. If passed, Bill C-11 will thwart our freedom in this new space.

Again, the minister will try to tell us that all the problems have been fixed. He will point to convoluted parts of the bill in order to try to prove his point, but here is the thing: If the minister is telling the truth and has nothing to hide, why is the bill not crystal clear? Why is the Liberal government choosing to use muddy language by placing exceptions within exceptions in order to confuse people?

There are many flaws in Bill C-11, but I will focus on three of them today: the first is the overabundance of power that it would place in the hands of the CRTC, otherwise known as the “Internet czar”; the second is its negative impact on creators; and the third is how it negatively impacts viewers.

If passed, the bill will give the Internet czar, the CRTC, almost unlimited power in order to regulate the Internet. Talk about an attack on freedom. The CRTC could have been given very specific, very narrow guidelines, but the government chose to give it free rein to amend, to exempt, to include. The Liberals claim that bringing more government intervention, and this is an interesting one, will boost Canadian culture, but that is not true. I mean, tell me a time in history where more red tape and regulation has increased innovation, incentivized artistic creation and brought about prosperity? Members cannot, because it does not, ever.

Let us talk about creators. One of the biggest complaints that we heard from digital first creators last time was that the bill would regulate their content online. Members can think of TikTok, Snapchat, Twitch, podcasts, YouTube and, yes, even cat videos. Now, the minister will claim once again that he fixed it by adding section 4.1(1) back into the bill, but the problem is that section 4.1(1) is immediately followed by subsection 4.1(2), which creates exceptions that nullify 4.1(1). It is pretzel logic. It is confusing and purposefully muddy.

Michael Geist is a law professor at the University of Ottawa where he holds the Canada research chair in Internet and e-commerce law. He seems qualified. He has pointed out that, under the act, digital first creators can be described as broadcasters and therefore forced to comply with the CRTC regulations.

In other words, essentially any audiovisual material could be brought under the scope of this bill, not just large streaming platforms, but even individuals who use music. The member opposite actually even clarified this earlier in her own speech.

This means that TikTok videos, which essentially always use music, and YouTube videos, which mostly use music, will in fact be captured under this legislation. This means creators, right off the top of their revenue, will have to pay 30% into an art fund. They have to pay in, but they do not get to pull out.

It also means that the content of digital first creators will be assessed based on how Canadian it is. The CRTC, the Internet czar, will of course make the conclusion. That material will then be promoted or demoted accordingly. The minister will try to tell Canadians that what I am saying is not true, that only big companies, such as Netflix and Disney, will be caught by this legislation, but if that is the case, I would again ask the government to clarify that and to say it outright. It does not. The bill does not. It is purposefully muddy.

Let me talk about the negative impact that the bill will have on viewers, members, me and Canadians. Imagine going on YouTube to look for videos on Black voices but being shown instead a bunch of videos on hockey in Canada, having never searched for hockey before, and all of a sudden those are the videos that are being fed to you. That would be extremely frustrating.

What we are talking about here is discoverability. It is the use of algorithms to make some content accessible and other content not. It bumps it up or down. Sometimes it can be found on page 1. Sometimes it is found on page 53. Currently YouTube carries material based on a person's individual preference. It bumps it to the top of the page if a person likes it, if maybe they have watched similar videos in the past.

This legislation would force content, so-called Canadian content, in front of the eyeballs of Canadians at the expense of showing them the content they actually really want. It totally disrespects and disregards Canadians' freedom, choice and desire to watch certain things over others, all because the government has an agenda.

Canadians know what they like. They know what they want to watch. That desire, that free will, should be respected. I have not even addressed the problem with the definition of CanCon, which is absolutely ludicrous. Let us talk about that for a moment. CanCon, or Canadian content, is that content that the government would actually be putting at the top of the page.

A bilingual Canadian sitting in his Montreal condo producing YouTube videos about maple syrup and hockey, all while using the Canadian national anthem in the background of his video, would still not get counted as Canadian content. Can members imagine that? In fact, based on the definition of CanCon, the only ones who will receive the government's stamp of approval are members of the traditional media.

The CRTC will define who is in and who is out, who gets noticed and who does not, who gets to be on page one and who has to get bumped to page 53. An individual's preferences are inconsequential, and the government would now decide.

In Canada, we are punching above our weight in what creators are able to produce. It is absolutely jaw-dropping. They literally share their talent with the world. It is incredible. Lilly Singh, a famous YouTuber, has pointed out, “creators who have built their careers on the Internet need to be consulted on these decisions.” She went on to say, “In trying to do what seems like a good thing - highlighting great Canadian-made content - you can unintentionally destroy a thriving creative ecosystem.”

Morghan Fortier of Skyship Entertainment is so eloquent when he put it this way, “In Canada, digital content creators have built a successful thriving industry on platforms such as YouTube, TikTok and others that export a huge amount of Canadian content to the rest of the world.... They've done this through their entrepreneurial spirit, their hard work and largely without government interference or assistance.

“This achievement should be supported, celebrated and encouraged.”

Bill C-11 is presented as a means to support the future of the broadcast industry, but it completely ignores the global reach of Canada's digital success stories in favour of an antiquated regionalized broadcast model.

Bill C-11 is a direct attack on digital first creators. It is a direct attack on our choice as viewers. It is actually a direct attack on the advancement of arts and culture in Canada in the 21st century. The bill needs to die 1,000 deaths.

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March 29th, 2022 / 1:55 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, I appreciated the speech from my colleague, with whom I serve on the Standing Committee on Canadian Heritage.

Bill C‑11 corrects a concern that was raised during the study of Bill C‑10, the predecessor of Bill C‑11, which was dropped in the previous Parliament.

Bill C‑11 clearly states that the CRTC will not be able to use algorithms to verify whether digital platforms are meeting the objectives set out in the Broadcasting Act.

I have a question for my colleague. If it turns out that algorithms are the only way to verify whether the objectives are being met, what might the solution be? How will we ensure that the platforms are meeting discoverability and other objectives?

March 23rd, 2022 / 5:15 p.m.
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Executive Director, Digital First Canada

Scott Benzie

I don't know...I'm kind of paying to run the organization.

Buffer Festival started 10 years ago out of the Canadian Film Centre. We started a not-for-profit called the “Buffer Foundation” to train indigenous youth on reservations and teach them how to become storytellers. Coming out of that, COVID hit, and then Bill C-10 hit, and we realized that there needed to be an organization to speak for digital first creators because they were about to get railroaded, so we built Digital First Canada—

March 23rd, 2022 / 5:10 p.m.
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Liberal

Chris Bittle Liberal St. Catharines, ON

From some your comments, I guess I'm concerned that your organization is more of an anti-Bill C-10, anti-Bill C-11, organization than a pro-creator artist organization.

My concern is that these platforms have incredible unchecked power over creators. These are some of the largest companies in the world, and in looking at your website and your Twitter account, both for you personally and for your organization, they are absent anything except for C-10.

My question is whether everything is hunky-dory with these major corporations and no changes are required, because that's what's coming through loud and clear from your silence on social media and on the Internet.

March 23rd, 2022 / 5:10 p.m.
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Executive Director, Digital First Canada

Scott Benzie

Yes. We run workshops all the time. In fact, we did a program called “Road to Freedom”, where we went into indigenous communities and trained young indigenous voices on how to be digital creators. We left behind gear, information and infrastructure for them to continue to be Canadian storytellers. We run workshops every year for digital first creators. We have another organization called “Buffer Festival”, which is an arts festival.

Digital First Canada didn't exist because it didn't need to until Bill C-10.

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February 28th, 2022 / 6:15 p.m.
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Bloc

Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC

Madam Speaker, I thank my colleague for his speech, which I really enjoyed. I especially liked the bit about quotas. When I was a little younger, hearing the same two or three songs by Ariane Moffatt and the Cowboys Fringants on the radio over and over bugged me even though I love those artists. Fortunately, time and musical diversity have granted us an appreciation for those kinds of quotas.

This might be more of a comment than a question. I would like to take a moment to recognize my colleague's work on this bill, especially its previous incarnation in the last Parliament as Bill C‑10. Since our election in 2019, I have rarely seen such a tremendous amount of work go into making sure the Bloc Québécois's amendments are in the new version of the bill, so I wanted to take a moment to congratulate my dear colleague.

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February 28th, 2022 / 6:15 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, I thank my colleague from Kitchener—Conestoga for his question. Following our discussion this afternoon, I thought he might ask his question in French, but maybe next time.

Amendments were debated and voted on last year when the House was studying Bill C‑10. I was pleasantly surprised to see those amendments as clauses here in Bill C‑11.

There are indeed provisions designed to promote the use of official languages by broadcasters, online or otherwise. It is indeed very important to promote minority cultural communities and indigenous cultures. In fact, I am absolutely delighted to see that the latter are becoming much easier to discover in various media and it is well worth doing so.

That is yet another example of why it is so important for us to make the rules ourselves and apply them to foreign companies with a digital presence here.

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February 28th, 2022 / 5:50 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, as an aside, I would first like to point out to the House that, like many of my colleagues, I am wearing the colours of Ukraine today.

I was in Montreal yesterday, along with several of my Bloc Québécois colleagues, to take part in the rally in support of Ukraine. A number of rallies were held across Canada and Quebec. I saw yesterday why the people of Ukraine will emerge victorious from this conflict. Whatever the outcome of this Russian assault, the people of Ukraine have embarked on a path that will inevitably lead them to achieve their goals. When a people or a nation decides to live freely and to live in a democracy, the path to get there does not stop until the ultimate goal has been reached.

Quebeckers are worried about loved ones who are currently stuck in Ukraine. One of my constituents in Drummond, Mr. Nelson, comes to mind. His wife is sheltering in the basement of the school where she teaches in Nizhyn. He has not heard from her, although perhaps it is for some silly reason, like she cannot charge her phone or has no way to reach him. I want Mr. Nelson to know that the Bloc Québécois and his representative will never give up.

This long preamble on the situation in Ukraine is somewhat related to what we are debating today. War in the digital era plays out at different levels than it did a few decades ago, or even one decade ago. These days public opinion is infinitely easier to manipulate. We have seen it many times and examples have been pouring in for a few years now. It is a threat that we must confront urgently.

An example of this came up just today. My colleague from Saskatoon—Grasswood mentioned it. This afternoon, the Minister of Canadian Heritage was at the Standing Committee on Canadian Heritage and we talked about the Russian propaganda media, Russia Today, which has been banned from several Canadian cable companies. I am not saying that muzzling or censorship is the solution. I want to make it clear that this is an exceptional measure.

The solution is not always to silence the voices of people with different opinions, and I pointed this out to the minister earlier. I told him that this was warranted in the case of Russia Today, which is broadcasting disinformation and propaganda from the Russian regime to justify Russia's despicable attack on Ukraine, but I said that this instance must not create a precedent for censoring or silencing other press or media outlets that might broadcast questionable content that we do not agree with or condone.

This is why a bill on the Broadcasting Act that takes today's reality into account is so important. As members know, the current legislation was passed in 1991. I think we explored the issue thoroughly during the debate on Bill C‑10 last year. This old and outdated legislation is long overdue for revitalization and modernization. I am very pleased to finally rise to speak to the long-awaited Bill C‑11, an act to amend the Broadcasting Act, which will also address online streaming.

It is rather sobering to see that, 16 months after a bill that was urgently awaited by the cultural industry, broadcasters and the media was first introduced, we are essentially back to square one. I say “essentially” because some improvements were made to Bill C‑11. These improvements were obviously the result of the numerous amendments proposed when the bill was studied in committee last year. I also want to point out that many of these improvements were championed by my colleagues in the Bloc Québécois, in particular the improvement regarding the discoverability of Canadian and French-language content and content from different cultural communities, which add colour and beauty to our cultural universe.

Had Bill C-10 passed, the CRTC would now be holding hearings to regulate the industry with a view to creating a more level playing field for all actors in cultural sectors and broadcasting.

Had Bill C-10 passed, we would be starting to see our content creators, programming undertakings and artists getting back to creating television shows, movies and music because they would have renewed confidence in the government's ability to create an environment where their content will do more than just make Chinese and American billionaires richer.

These people are not asking for a pandemic relief program. They are asking to create, sing, dance, produce shows, play, produce and earn an honest living through their passions.

We have lost many people and a great deal of expertise in the cultural and radio and television sectors since the start of this pandemic. Many people have left for more stable and less stressful sectors because they are also mothers and fathers. We underestimate these people's contributions to society.

I will repeat it, because I get the impression that it takes time to sink in, that it is not immediately or quickly understood: Culture is not an expense. Culture is an investment. Culture pays off. Culture contributes to the Quebec and Canadian economy. Artists and cultural workers are not a bunch of lazy old fogies who live off subsidies. Culture is an industry worth about $60 billion per year. Culture is an industry that supports more than 600,000 people in Canada. It is is wealth. It is not just wealth from a financial perspective, it is our wealth because it both reflects and conveys what and who we are as a nation. Culture conveys to the whole world what our identity is, what our values are, what our personality is, what our colours are.

If the means of disseminating our culture are taken away, what will be left of us? The rest of the world will continue to think that Canadians play hockey, that they drink beer and Tim Hortons coffee, that Quebeckers wear arrowhead sashes while eating poutine around a campfire in winter. We will see the usual familiar clichés that all of us are a little tired of seeing around the world. That is what our television, our radio, our cinema allow us to convey. They allow us to showcase our stories, what and who we are.

We must ensure that our creators, producers and broadcasters can continue to do just that on the new platforms forced upon us by the new technologies on which we are becoming increasingly dependent.

We have heard a lot of criticism about the regulation of content. Sometimes the criticism is ideological, while other times it is more partisan. Sometimes it is well-founded, while other times it is less so. I think the criticism is relevant in the sense that everyone is entitled to their opinions. For instance, someone might not be a big fan of quotas for French-language content.

I started working in radio as a young host in the mid-1980s. Canadian music quotas and francophone music quotas were just starting to be imposed. I can say that it really got on my nerves, because it was not very cool, even though there was some great music there. There were some excellent artists, but the choice was still pretty limited at the time. There was not a huge pool of music for the different styles of radio, for example. The radio station I worked for was much more youth oriented. We definitely had a little less to choose from in those days.

I can admit quite honestly now that I used to find it annoying to have to comply with francophone music quotas. However, over time, I began noticing the positive impacts of that regulation, that push to promote francophone content on Quebec radio stations.

As time passed, more and more new bands and new musical genres came along and were discovered because of the regulations that were put in place to showcase our music and our artists. There were extraordinary positive impacts.

Today, there could be radio stations with 100% French-language programming and listeners would never get bored. They would not necessarily hear the same thing all the time, even if some radio programmers believe that the same songs should be replayed just about every hour. That is another matter and another debate.

The positive effects of implementing such regulations are tangible. If it worked for radio, if it works for traditional media, it is also going to work for digital media. We must do it for digital media for the same reasons that I mentioned earlier. We show the entire world who we truly are through our media, our art, our culture, our programs, our movies and our talent. We are more than just beer and coffee drinkers, more than just lovers of poutine wearing arrowhead sashes and gathering around a fire. Culture dispels clichés.

The need to quickly bring in new broadcasting regulations, to refresh the ones that have been in place since 1991, is even more urgent given the current crisis in the cultural industry, which has certainly been aggravated by the omnipresent digital media and digital corporations like GAFAM. These giants are gobbling up our news media's profits and their share of the advertising pie. It is time to regulate this.

I have some figures to share. Since the beginning of the pandemic, out of the 180,000 jobs lost, whether temporarily or permanently, more than 50,000 cultural sector workers, artists and content creators decided to throw in the towel and do something else. They went off to get another job. They have families to feed, and they cannot stay in a situation where they do not know when the next crisis will crop up or what impact it will have on them.

These people no longer want to go through that kind of stress. More than 50,000 people in Canada have decided to do something other than the work they loved above all else. One of these days, we will have to come back to this and think about how much importance we give to our artists and content creators. We might want to consider reviewing the Status of the Artist Act. I want that to happen soon. It will be important to do that, because these self-employed cultural workers lack even a modicum of financial security, as they are excluded from government programs by virtue of their status. That means we lose them in times of crisis, which is what we are seeing right now.

The Union des artistes, a Quebec-based artists' union, polled its members earlier this year, and the numbers are alarming: 61% reported having lost interest in their artistic trade, 35% had sought help for mental distress, and 15% had suicidal thoughts during this period. The Union des artistes has 13,000 members, so 15% is a lot of people to be having those thoughts.

Culture is important, but we also need to talk about broadcasters. Up until a few years ago, companies across Canada were operating in a system that they helped to build and that afforded them some protection from the invasion of powerful foreign consortia and major media outlets. This was, in large part, thanks to the legal requirement that this system be effectively owned and controlled by Canadians.

For decades, these companies helped develop Canadian and Quebec content, highlighting and promoting cultural and linguistic diversity. These companies spent and are still spending a lot of money to be able to operate and meet the licensing requirements. Many of these companies are key parts of our economy, in Quebec and across Canada. These companies still bear a massive burden just to be able to operate as broadcasters.

What message are we sending these builders, these major employers, these broadcasters that have been required to contribute to helping artists and niche broadcasters thrive?

Niche broadcasters, which may have less influence, have had the opportunity to thrive and offer programming for cultural communities. ICI Télévision in Montreal is a wonderful little TV station that I think everyone should check out.

There is also APTN, which does such a good job of promoting the culture of our first nations and serves as an example for the entire world. People come here to learn from APTN's expertise and apply it in other countries. I think we can be proud of that, and it is thanks to our broadcasting system that we can have success stories like this one.

The message we are sending our broadcasters right now is that it is okay for the big sharks to swim in our little fishbowl, siphoning off the bulk of the advertising revenue without having to contribute significantly to the system. However, it is our broadcasters who must comply with burdensome, increasingly costly, counterproductive and decidedly unfair regulations as the industry transforms.

These days, there is a lot of talk about politicizing issues. It is true that a lot of politics is done on just about everything, and I think that is normal. We are in politics, so it is normal to politicize issues. Otherwise, I do not think we would be in the right place. However, I think there are issues that require us to rise above and look beyond ideology or filibustering. We need to be open and aware of the issues we are debating here.

Bill C‑11 may not be perfect yet, but we will have the opportunity to work on it. I think this is a bill with a very good foundation, and it certainly does not deserve to be blocked the way Bill C‑10 was last year.

I sincerely hope that all members and political parties in the House will see this bill as a necessity for our Canadian and Quebec broadcasters, but also for the entire cultural industry, for our artists, our content creators, our artisans and our self‑employed workers in the cultural sector.

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February 28th, 2022 / 5:45 p.m.
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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Madam Speaker, the member for Drummond is a valuable member on the Canadian heritage committee, and he has been on it for years. We worship his input and always have interesting conversations.

He is a member from the province of Quebec, and one of the issues with Bill C-10 was protecting Quebec culture. We did not see eye to eye on that. Netflix is not going to shoot a show or production in Montreal because it has a limited segment of the population. It would rather do it in English because there is a larger audience.

We will go forward with Bill C-11. The member was in the same committee I was, and changes were made to proposed subsection 2(2.1) and proposed section 4.1 between the old bill and the new bill. Maybe it is time for this bill to pass with those two new changes. We will see.

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February 28th, 2022 / 5:45 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, I congratulate my colleague from Saskatoon—Grasswood on his speech. I have the pleasure of sitting with this colleague on the Standing Committee on Canadian Heritage. We certainly do not always have the same views on all issues, but we certainly have the same passion for media and culture.

He was involved in the discussions about Bill C‑10 on broadcasting in the previous Parliament, and with Bill C‑11, we have a bill that is not far removed from what we had before.

Does my colleague look favourably on the upcoming work in committee? Does he intend to work constructively to develop, improve and pass Bill C‑11 on broadcasting, which, as everyone knows, is eagerly awaited by the industry?

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February 28th, 2022 / 5:35 p.m.
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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Madam Speaker, I am once again honoured to have the opportunity in this place to speak to the matters contained within Bill C-11, the online streaming act, the new name. I say “again” because, as many will remember, in the previous Parliament we tackled these issues under a different bill, and it was called Bill C-10, an act to amend the Broadcasting Act.

This is a new bill and a new title, but we still have the same issues that exist with this bill. It was interesting because, moments ago in committee, the heritage minister admitted that Bill C-10 was flawed. He said that proposed section 2.1 should never have been in there, and 4.1. He mentioned those two that we fought on this side, in Bill C-10, for weeks. Unfortunately, even with the flawed bill, it passed the House but then the Liberals called the unnecessary election and the bill died.

However, this is the first time the Minister of Canadian Heritage has actually admitted Bill C-10 was a flawed bill. Here we go now with Bill C-11, an update. We all know the update is necessary. It has been 30-plus years since we updated the Broadcasting Act. I was even a young broadcaster 30-plus years ago when this came out. At that time, believe it or not, there was no Internet. It was just radio and TV back then, a little bit of newspaper. Of course, the Internet came and the World Wide Web, as we know it today, has changed a lot.

There were no Internet companies and no online streaming services to compete with the healthy Canadian broadcasters. However, when the predecessor of this bill was drafted in Parliament last session, we addressed four major areas of concern where the government legislation lacked significant consideration. I mentioned a couple of those in proposed sections 2.1 and 4.1, but we will go on.

First was for social media companies we all know, such as Facebook, Google and their various properties like YouTube, to pay their fair share. We agree. Second was creating that level playing field for digital platforms, like Netflix and Spotify, to compete with the conventional Canadian broadcasters. Third was to define Canadian content. This is the important one. We need to define Canadian content production and media fund contributions by digital broadcasters. What is the formula?

Last was the power given to the CRTC, better known as the Canadian Radio-television Telecommunications Commission, to attempt to regulate in such a broad manner. This is an organization that struggles to enforce its own regulations now. We can even look, today, at Russia Today. They really never did take it down. It was the big conglomerates that moved in and took Russia Today down, like Bell, Rogers and Shaw. It is interesting. I think we could all agree the CRTC should have moved long before Russia Today was pulled down from Canadian programming.

Forty years ago, Internet companies and streaming were not even a consideration. Digital information has become absolutely accessible to everyone in this country. The demand for mainstream media, television and radio has nosedived. Streaming services have become the primary source of entertainment for many Canadians. Television stations have had to downsize their operations, along with radio stations. Many have gone dark in this country. The same is true for radio.

Right now, radio stations have another issue. Their revenues have dropped as much as 40%. Part of the problem is the public broadcaster, CBC. The government gave it another $150 million more during COVID to compete against private broadcasters. As I just said, private broadcasters' revenues have gone down 40%. CBC has gone up $150 million more in the budget, meaning we can see what is happening in the market. CBC, the public broadcaster, is going up, while the private broadcasters' radio listeners are going down, and thus advertising is not as good.

The result, as in my province of Saskatchewan, is that we have seen a major decline in local content. Easy access to digital content has been beneficial to the consumer, but with the outdated Broadcasting Act, the broadcasting sector has had some steep hurdles to overcome, and I mentioned those just seconds ago.

It is therefore fair to ask this: What does a modernized act need to accomplish? Does the government's latest attempt, Bill C-11, actually achieve this goal?

The first concern we should all address is the notion that the Internet needs to be regulated. We need clarity and clearly defined parameters on which aspects of the Internet would be regulated and to what extent. Would Bill C-11 create an environment where virtually all of the content would be regulated, including independent content creators earning just a modest living from social media platforms such as YouTube?

As I mentioned, Bill C-11 is almost a copy of the previous Liberal offering, Bill C-10, which was flawed and failed to address many of the concerns addressed by the experts during its hearings. When we speak of creating a level playing field, is it in the context of giving Canadian content creators the protection they need to produce and compete without impeding their ability to succeed at home and globally? Regulation, done properly, would support the success of Canadian content producers and would meet the objectives of the Canadian heritage mandates to support artists and the cultural sector. However, the bill before us leaves very little hope that this is what would be achieved.

I remain very concerned about the CRTC being tasked with administering the act. I have been in the business of television and radio for over four decades, and I have seen that the CRTC is already stretched to its limits with the broadcasting and telecom situation in this country. If the CRTC lacks the capacity to carry out the current mandate effectively, how can it be expected to take on the Internet?

The CRTC struggles to cope with the 4,000 or 5,000 entities in the broadcasting sector. We are seeing it in the industry committee now. Rogers wants to take over Shaw, and although this started last year, we still have no definitive action from the CRTC. Will it make a ruling soon on the takeover worth $26 billion? Can it even predict the number of entities that it will be required to look after once online streaming is added to its mandate? How much money and how much talent would the CRTC need on board to keep up with the bill? In fact, does it even understand the scope of the undertaking yet? How many years will it take to understand the criteria and scope and accumulate the resources needed to carry this out?

During our last debate on Bill C-10, I asked this of the CRTC chairman, Ian Scott, who, by the way, is stepping down in September after five years: How is the CRTC ever going to pay for this? He gleefully told the committee that it would be going directly to the Treasury Board. Well, we know what that means: The taxpayers will be paying more for their services.

What is perhaps most disappointing is that the CRTC will be handed the power to develop the rules of regulating, and it can make those rules up as it goes along. This act would endow the CRTC with the ability to determine its own jurisdiction without constraints.

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February 28th, 2022 / 5:30 p.m.
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Bloc

Caroline Desbiens Bloc Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Madam Speaker, I feel somewhat like my colleague opposite, who said that he did not really understand our colleague's position. I gather that my colleague is afraid that algorithms will be altered by the legislation. However, the bill states the exact opposite.

Clause 4.1 of the former Bill C-10 led to a major impasse in the last Parliament and unfortunately compromised its passage. The current bill specifies that social media creators, users and influencers will be exempt from the application of the act. On what basis is our colleague attempting to discredit this new bill, when it has been corrected—

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February 28th, 2022 / 5:20 p.m.
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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, I apologize for doing what I did indirectly that I am not allowed to do directly. I am sorry about that.

This bill continues to be an assault on freedom. There is no doubt about that.

I gave a speech on Bill C-10 in the last Parliament, and the bill made significant reference to the fact that there was going to be algorithmic transparency. That is something I was in favour of. Algorithmic transparency is something we definitely want to see.

The challenge with that concept, which comes out of this bill, is not so much that algorithms will be transparent but that the government will be able to dictate the outcome of these algorithms. That is the challenge we see.

This particular bill, Bill C-11, is again bringing the government into these spaces. We hear, over and over again, from the Liberals that they want to level the playing field.

I have a significant story about folks in my riding who would like to start a radio station. It is very easy to start a podcast in this country. There are a number of hosting services available. People are able to use Facebook Live if they want to. There are a number of ways to start a podcast, and in probably an hour someone can have their own podcast.

On the other hand, to get a TV or a radio station started in this country is difficult, particularly in a part of the world like the one I come from, which is vast and large and where there are no other radio stations. There is only a handful of people living in northern Alberta, where there is one radio station, which is the CBC. If other folks come along and would like to start their own radio station, the amount of time and energy they would need to spend to try to start a radio station in northern Alberta would be significant. We have seen this over and over again.

I am glad to hear that the Liberals want to level the playing field, so to speak. When it comes to starting a radio station in a small town in northern Alberta, folks have worked on it for literally a year. They have spent a year trying to get approvals for a radio station in northern Alberta. They could get a podcast up and running immediately.

I point out that the Internet in rural Alberta is somewhat spotty. It is probably better than in most other parts of the country, given the fact that we have the oil patch everywhere and it brings the Internet everywhere, but besides that it is still not the same as it is downtown, so the Internet is not readily available. If someone starts a podcast in northern Alberta, they may have some trouble with the Internet.

To start a radio station, something that could be broadcast to an entire community with local news and that sort of thing, the amount of paperwork and effort someone has to go through to start that radio station is immense, never mind the cost of doing that. Setting up the facilities just to broadcast is probably $20,000.

With a bill like this, the government could be trying to level the playing field and make it easier for Canadian content generators to get their content on the airways so their local communities could hear it, but it is not doing that. Instead, what the government is trying to do is pick winners and losers, which is something Conservatives have been saying all along.

The freedom of being Canadian is that people can take their message to the public square regardless of what the government has to say about it. The thresholds for starting a radio station are immense in this country, and the government is entirely responsible for that.

I am not saying the government should get out of that. In the radio space, I believe there is specifically a role for the government. We cannot have the folks with the most powerful radio kicking everybody else out of the radio waves. That would not be appropriate. We would just end up with a war.

In northern Alberta, where there are two radio stations in a small town, certainly we should be able to organize and tell one station that it gets 98.1 and the other that it gets 93.7. As long as they are not interfering with anybody else and there is not another radio station for another 300 kilometres, I do not see what the big deal is and why there are all the regulatory processes. It should be that they can start their radio stations, get rolling and not mess with the other folks.

I understand that, when we get into Toronto, for example, where there might be hundreds of radio stations all competing within one or two notches on the dial, it is going to get a bit more confusing and it is going to take more to manage that. That is the role of the government. The role of the government is to manage the differences between those radio stations.

Rather than trying to make the Internet services operate and be regulated as if they are radio stations, how about working the other way and make it much easier for the radio stations to operate so someone can start a radio station as easy as starting up a podcast in this country? That would be levelling the playing field, in my opinion. That would be trying to ensure that no matter the method of bringing one's voice to the public square, they are able to do that regardless of which mode they are using. That would be fantastic if we could level that playing field. I think that is entirely within the CRTC's wheelhouse.

Instead, we see it going the other way. We see more radio and TV legacy media struggling to compete with the new platforms and instead of the government taking the shackles off, reducing red tape and making it easier for them to compete, the government is going to put more red tape and more regulations on the Internet. Then they will take money from the Internet and transfer that wealth from Internet service providers back to the legacy media. That is where I really think this bill falls flat on its face.

This whole question of Canadian content becomes a really interesting debate. For example, there are several podcasts and folks I listen to. One of them is called Viva Frei. It is by a YouTube sensation out of Montreal. He is a good Canadian guy. He has his own YouTube channel. He is a lawyer by trade and he explains the law and how the law works here in Canada. He is generally at odds with what the Liberals are up to. Are the Liberals going to be disputing whether he has Canadian content? Would they be concerned about who is contributing to his online following? That is exactly the kind of thing we are talking about.

Another one I follow is Redneck's Québec. It is another one I am really excited about. His antics on the snowmobile are impressive. Larry Enticer is another one I think is great, along with Rut Daniels. These are all great Canadians who have their own following on the Internet, and it is, in my opinion, definitely Canadian content. However, how and where are these decisions going to be made? Will these folks, whom I really appreciate on the Internet, be given the benefits of this new regime being brought in by Bill C-11?

I hope I have been able to explain the two issues around this bill, which are who defines what Canadian content is and also the levelling of the playing field. We do not have to bring the streaming services up to the same amount as the radio stations, but rather bring the radio stations down so they can compete with the streaming services.

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February 28th, 2022 / 5:15 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, certainly I am pleased with Bill C-11 so far, but there are things that trouble me within it, for instance what happened in amendments to Bill C-10, in the last Parliament, to Canadian ownership of our Canadian broadcasting. That seems to be a little bit more wobbly. There is a lack of clear support for smaller producers and smaller creators, but there is this other piece of work that we need to do on broadcasting, and that is what I will ask my question about.

When will we see the government provide a comprehensive framework legislation and funding to get the Canadian Broadcasting Corporation back to what it should be doing? Ever since it put Wheel of Fortune on air and competed with private broadcasters, I have felt that the CBC, as it should be, was slipping between our fingers.

When we talk of this country not being unified, I think of Peter Gzowski, who has passed away. He and Morningside used to hold us together in the same way that watching the news with Knowlton Nash held us together. Something has gone wrong with the CBC. I am a big fan, but I feel as though competing with private broadcasters has not been the way to go, and we need to get back to a CBC that is more like the BBC.

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February 28th, 2022 / 4:20 p.m.
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Conservative

Jake Stewart Conservative Miramichi—Grand Lake, NB

Madam Speaker, I am very excited to speak to the bill today.

In the last couple of minutes, I heard the words “misinformation” and “disinformation”. In our own society, it seems like information put out there by the woke society is good information, but if somebody has a difference of opinion, it is horrible information.

I want to give an example from my own province of New Brunswick, where this is prevalent. When I was an MLA from 2010 to just last summer, there were two major projects in New Brunswick. One was the Energy East pipeline and the other was a natural gas project. At the time, natural gas did not get widespread support and it ended badly: We never developed the industry. With the Energy East pipeline, we could not get support from the Province of Quebec at the time, for whatever reason, and that project did not happen either.

If we look at what is happening around the world today, it would be misinformation to tell Canadians, particularly New Brunswickers, that those two projects were not worthy. We can see what is happening in the world today, and if we look at the energy sector around the world, New Brunswick is very well positioned in its gas industry to have a pipeline sent from Alberta to both New Brunswick and Montreal. These would have been very good projects. However, we are not going to hear that from the Liberal Party of Canada. We are also not going to hear it from the Green Party of Canada. We cannot have it both ways.

What do we see here today? The Charter of Rights and Freedoms is at stake. I am not a lawyer, so I will speak about this in general terms that are understandable. Subsection 2(b) of our Charter of Rights and Freedoms says:

freedom of thought, belief, opinion and expression...freedom of the press and other media of communication

This subsection guarantees us all the liberty to express ourselves without reserve or coercion from the state. That is a core principle of our constitutional heritage in this country. Although it was embedded in the charter in 1982 by the Prime Minister's own father, it goes back hundreds of years through the English liberty this parliamentary system transmitted from one generation to the next. As Sir Winston Churchill said, “Everyone is in favour of free speech. Hardly a day passes without its being extolled, but some people's idea of it is that they are free to say what they like, but if anyone says anything back, that is an outrage.”

We see that in this country. I understand the precedent of a war and how that is the biggest issue of our time, but in this country, all too often the woke community can go out and spew what it likes, drive it down everybody's throat and then try to compare us to American politicians, which could not be any further from the truth. That is an example of misinformation and disinformation.

This bill seeks to take away that right and those freedoms. Do not take my word for it. I can quote directly from one of at least two former commissioners of the regulatory body that would be empowered under this bill to control Internet content. Peter Menzies described the bill as an assault on freedom of expression. Another former CRTC member explained that it would allow political appointees to determine what we see and what we say on the Internet. Senator and great writer David Adams Richards, from my home community of Miramichi, said something along the lines of it being like a knife through the heart of the freedom of expression we enjoy in this country. These are quality names and very well known individuals who have some very strong points on this topic.

I forgot to mention that I am splitting my time with the member of Parliament for Haldimand—Norfolk.

There is a lot we do not know about this bill because numerous of its amendments were voted on before they were even made public to the committee. The Liberals want a series of bureaucrats, unnamed, unelected and unknown, to decide what Canadian content is heard and not heard.

I will give the example of mainstream media. Mainstream Canadian media often runs American political content without Canadian content. It gives a strangely outward and seriously biased opinion on the content and feeds it to the Canadian public without any local content, and it includes its opinion each and every time. However, we pay for this as Canadian taxpayers. Long gone are the days when media put out the facts and let the public decide what was right, what was wrong, what was Liberal, what was Conservative. The public used to determine these things of their own accord. As a country, we got along better then, and we need to somehow get back to that.

Another example is a community association in a Canadian neighbourhood telling us about local food drives. It is in a Canadian neighbourhood, it has a Canadian author, it has a Canadian story, it is a Canadian initiative in a Canadian city and it is read almost exclusively by Canadian readers, yet it would not be considered, presumably, Canadian content and therefore would be demoted.

That is just the daily pedestrian content we get online. What about the more conscientious stuff? The government is going to decide what kinds of political views are Canadian. Of course, endorsing the Prime Minister's left-wing agenda and his ideology will be a prerequisite of Canadiana. We can be sure of that. Liberal Party members have effectively been saying for generations that they and only they represent Canadian values and, therefore, that only the values they espouse would be considered Canadian for the purpose of this act alone.

Not only can the Liberals not tell us what content would be acceptable and what would not, but they cannot tell us who would be subjected to the bill. Originally, they had an explicit exemption for users, the everyday Joe and Jane who post stuff online. It is called user-generated content. The justice department said not to worry, that the bill would not affect any of them because there is a very specific exemption that excludes them. However, the Liberals showed up at committee and, all of a sudden and just like that, here we go again. It is another example of a government that cannot be trusted.

What is the issue here? The Liberal government has introduced Bill C-11, formerly Bill C-10. Last year, the Liberals passed Bill C-10 in the House of Commons without allowing a full debate at the heritage committee to address many outstanding concerns from experts and parliamentarians on how that legislation would affect Canadian rights and freedoms on the Internet. Canada's Conservatives support creating a level playing field between large foreign streaming services and Canadian broadcasters while protecting the individual rights and freedoms of all Canadians. Canada is home to many world-class writers, actors, composers, musicians, artists and creators. Creators need rules that do not hold back their ability to be Canadian and have global successes. Earlier I gave an example of Senator David Adams Richards, a well-renowned writer from Miramichi.

This bill is a near copy of the Liberals' deeply flawed Bill C-10, and it fails to address the serious concerns raised by experts and Canadians. While the government claims there is now an exemption for user-generated content, the legislation would allow the CRTC to regulate any content that generates revenue directly. People need to be free to see anything that is available so they can make their own decisions for themselves, a liberty we have in this country, on what is important, what is right, what is wrong, what is just and unjust and what the facts are.

Now more than ever, Canadians need to know that their freedom is their own, that it does not belong to politicians, bureaucrats and judges, that it belongs to each of us and that on this founding principle, people can feel free. Freedom is paramount. It is the one liberty we all want and need, and each of us is prepared to fight for it, especially those in the Conservative Party of Canada.

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February 28th, 2022 / 4:15 p.m.
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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Speaker, I appreciate the member opposite's service on the justice committee and I look forward to working with him in this Parliament.

I think he makes an interesting point on the tactic taken with legislative drafting. However, one thing is clear in the context of the debate on this bill, and it was quite vociferous regarding Bill C-10 in the 43rd Parliament: People want a surety that user-generated content by an individual person posting something to a platform like YouTube will not be caught. That is why we put an express exemption to that very effect into this legislation.

This has been cast wide because the platform and the nature of the streaming services are wide. However, with an adequately tailored exemption, I think it is clear to Canadians that we are not here to limit freedom of expression unnecessarily. What we are trying to do is to actually empower freedom of expression by creating more of that expressive content and by empowering the creation of more Canadian content through this funding model.

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February 28th, 2022 / 3:50 p.m.
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Kingston and the Islands Ontario

Liberal

Mark Gerretsen LiberalParliamentary Secretary to the Leader of the Government in the House of Commons (Senate)

Madam Speaker, it is an honour to rise today and speak to Bill C-11 and to continue this discussion that has been going on for quite a while. It has been at least a year since a bill similar to this one was introduced in the last session of Parliament. That bill, unfortunately, did not make it past the finish line, but what we have here is an improved version of the bill we saw before, a bill that tackled some of the challenges and obstacles, rightly or wrongly, that were put forward in particular by the opposition.

I want to go back to one of the comments that was made just a few minutes ago by the Conservative member who was responding to questions. He said something very important. I think it is important because it represents a lot of the narrative that we are going to hear over the next few days.

I forgot to mention that I will be sharing my time with the member for Parkdale—High Park.

We will hear a lot of the language that is being used. We just heard the previous member say that we do not want to allow the government to control what people watch. If anybody is going to be following this debate, I want them to pay close attention to the fact that as the debate goes on over the next few days or weeks, we will hear that language quite a bit from the Conservatives, because this is the exact language they used last time. It is language that tries to suggest to Canadians that the Government of Canada sits behind a desk and decides what people can watch and what they cannot watch. Nothing could be further from the truth. What the original bill did and what this bill is proposing to do now is not to regulate what people watch but to broaden the pool of what is available to them.

If someone has the perspective that we should be homogeneous in terms of everything that is in front of us since we live in North America, that there is no problem with being just like the United States, that we do not need our own individual identity and individual culture, then that is one thing. If that is somebody's position, although I disagree with it wholeheartedly, at least that would be the position of someone who still understands the facts. However, in fact this bill does not suggest that. What this bill does, and what I prefer, is that we provide Canadians with the opportunity to watch programming that is produced by Canadians and for Canadians as an option that someone can watch.

It is very similar to the CanCon rules that apply to radio stations. Right now, if someone in Canada has a radio station that broadcasts over FM and AM bands, they are subject to a rule that a certain amount of the content that is played during the day has to be Canadian content. I live in a border city that is not that far from Watertown, New York, and quite often we find radio stations trying to circumvent those rules. They would set up their transmission tower in Watertown, even though all of the broadcasting was happening in Kingston. It was being sent over to Watertown, New York, where it was then being broadcast from towers, and I am sure over 90% of the listenership was Canadian people because the broadcast audience was a Canadian audience in Kingston.

As the technologies develop and as we see new technologies come online and as the Internet becomes a dominant force in the consumption of content, it goes without saying that if we believe in making sure that Canadian content is in that pool of availability for those who are consuming it, we have to ensure that the Canadian content is there. That is the difference.

This is not about controlling what people see. I trust that we will have a more thorough debate on it this time around, but the rhetoric last time with Bill C-10 came down to suggesting that the federal government was trying to regulate all social media in order to determine what was put in front of people on the Internet, and that could not be further from the truth. This has always been about making sure that content is available.

What does this bill do specifically? Let me just highlight some of the important points. It brings those online streaming services under the jurisdiction of the Broadcasting Act because, as I previously mentioned, they are not. It will require online streaming services that serve Canadian markets to contribute to the production of Canadian content. This is what I was talking about. When Netflix or these other agencies are selling to Canadians, they have to invest in Canadian culture and Canadian-produced content.

Again, we might not agree with that. We might think that we are so globalized now that we can just get everything from wherever we want, and that should not matter. That of course is a position to take on this matter, but it is not the position that I take. It is not the position that the bill seeks to improve upon, because we recognize that it is extremely important that a portion of that content remains Canadian.

This also prioritizes support for content for francophone, indigenous, LGBTQ2+, racialized and other equity-seeking creators. It ensures online broadcasters will showcase more Canadian content, as I previously mentioned, and it modernizes outdated legislation to bring it into the 21st century.

It is also important to talk about what the bill will not do, despite the fact that I do not think that even my saying this now will change what we will hear. We are going to hear people in the chamber over the course of this debate say that it will do these things, but it will not impose regulations on content everyday Canadians post to social media. If someone uploads something to YouTube, they would not be subject to it even if they have a lot of followers, unless they are making money off it, in which case they would be similar to other businesses making money off it. There is an important point there that I will get back to in a second, because even those who do upload will not necessarily be subject to this.

It also does not impose regulations on Canadian digital content creators, influencers or users, as I said, and it will not censor content or mandate specific algorithms on streaming services or social media platforms. I have already touched on this point, but it is important to mention it again because this is what we will hear over the course of this debate. We will hear that the Prime Minister is personally sitting behind a computer somewhere trying to set an algorithm so that people see more content that he likes.

I know we are going to hear that, because that is the rhetoric that happened with Bill C-10. I have no doubt that we will hear it again with Bill C-11, although I really hope that we do not, but if history is an indication of anything in the House, when these issues come up, Conservatives know exactly which ones are going to be the ones that they can push that will engage public reaction whether or not they are true.

I want to go back to the first comment I made when I was talking about the things it will not do, which was to impose regulations on everyday Canadians. This is important, because the member who spoke previous to me brought up the fact that if someone uploads a video or content and they are making money off it, they are subject to legislation. That is actually not true. There are three criteria, and these are “and” criteria, not “or” criteria, that need to be met in order for something to be considered commercial content. In determining whether the content is commercial content, the regulator will need to evaluate three elements. One is whether the content is monetized, which goes to the member's comment a few minutes ago. However, two other things also have to be present. One is whether the content exists on another non-social media platform, such as Spotify, the radio or TV. The other is whether the content, such as a song uploaded to YouTube, has a unique international standard music number. Those are the three items that need to happen for this legislation to apply.

The previous statement that somebody would be subject to it as long as they are making money off it is actually not the case. There are three criteria that need to be met.

I know that my time is coming to a close, but I wanted to say what this really is about. I hope that everyone will at the very least support the fundamentals of ensuring that the Canadian pool of content remains robust and available to Canadians, because if we look back at the decades that have gone by, the last 70 years or so, the Broadcasting Act, even though it did not apply to the Internet, is what made sure that the content remained available for Canadians to see.

Online Streaming ActGovernment Orders

February 28th, 2022 / 3:35 p.m.
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Conservative

Rick Perkins Conservative South Shore—St. Margarets, NS

Madam Speaker, I am pleased to rise today on behalf of South Shore—St. Margarets to speak on Bill C-11, an act to amend the Broadcasting Act.

I was executive assistant to Canada's foreign minister when the Broadcasting Act was last amended in 1991. Email was a new thing. Foreign Affairs communicated with embassies through telex. There was no social media, Facebook, YouTube, Twitter or TikTok. Therefore, the revision to the Broadcasting Act under Bill C-11 is long overdue.

I will try to summarize what I believe to be the good, the bad and the ugly of this proposed legislation, and I will start with the good.

There are several important provisions in this legislation that I support, including the requirements to support the increased production of Canadian content by online service providers such as Netflix. The greater support of indigenous programming is also a good start. Coming from Nova Scotia, I also appreciate the increased support and focus on independent production of broadcasting material. It is a step forward that this bill protects the intellectual property of Internet service provider algorithms.

Now let me turn to the bad. We are hopeful that, when this bill reaches committee, the government will be open to amending it to deal with our primary area of concern, the regulation of speech on the Internet. It is true that in proposed subsection 2(2.1) and proposed subsection 4.1(1) the government has excluded individual users of social media from CRTC regulation. A similar commitment was made in Bill C-10 in the last Parliament but removed by the government at committee stage.

However, we were asked in Bill C-10 in the last Parliament, now Bill C-11, to trust the government in its commitment not to regulate individual freedom of speech. This is asking too much of Canadians who no longer trust the government. We should all be concerned when governments flaunt the law with the SNC-Lavalin scandal, abuse the public purse for family benefit in the WE scandal, ignore the views of those it disagrees with and legislate against free speech with the Emergencies Act.

Where are the “just trust me” elements of this bill? They come in proposed sections 4.1 and 4.2. This is the ugly part of the bill. Proposed section 4.1 exempts individual users of social media from the content control of the CRTC. While this is true to some extent, the government presents a legal pretzel in proposed section 4.2. Let me explain this confusing Liberal legal pretzel. The addition to this bill of proposed section 4.1, which says that censorship by the CRTC will not apply to individuals uploading content to an Internet service provider, sounds good, but what the government giveth, the government takes away in proposed section 4.2, where the government can regulate an individual’s Internet content if it generates any sort of revenue. Without knowing or seeing these regulations, this is a broad power to censor the individual.

The government is telling Canadians not to worry and to just trust it. Canadians do not trust the government. We should be especially concerned when the government, under this bill, seeks to legislate on what Canadians can and cannot say if it generates any revenue at all. Individual content creators with fledgling businesses are now being asked to trust the government that, through policy and regulation, they will not be censored. There are no legislated guarantees in the bill to prevent them from being censored.

In his last public address on April 11, 1865, President Abraham Lincoln said that “important principles may, and must, be inflexible.” Freedom of thought and speech are principles with which the Government of Canada must be inflexible in defending, so much so that Pierre Trudeau placed these inflexible freedoms in section 2 of Canada’s Charter of Rights and Freedoms. It guarantees freedom of thought, belief, opinion and expression, the very freedoms that are core to our democracy. Our defence of them must remain inflexible, as Lincoln said.

Let me be clear that our freedoms have limits. For example, in a country like Canada, people cannot incite hate speech or other violent forms of language. Both our common law and Criminal Code have placed limits on that freedom. The distinctions in our Criminal Code are just and ensure the protection of the most vulnerable in our society. If the government wishes to seek further protections for those impacted by racism and other discrimination, I know my Conservative caucus is willing to co-operate, and the Criminal Code is the appropriate legislative vehicle for such restrictions.

Bill C-11 contains more disturbing open-ended online censorship regulatory power for the government. This legislation would allow the CRTC to regulate any content that generates revenue directly or indirectly in proposed paragraph 4.2(2)(a). That means virtually all content would still be regulated, including that of independent content creators earning a living on social media platforms like YouTube, TikTok and Spotify.

What does “indirectly” mean? The government asks for us to just trust it. Last Parliament, Conservatives were quick to point out the flaws in the nearly identical bill, Bill C-10. It was not just Conservatives sounding the alarm. Experts, lawyers, academics and many more people testified at committee and spoke publicly about the problems with the bill.

A former CRTC commissioner said that the bill would be like a hammer to intimidate freedom of expression. Today, given the continued development of technology and the conditions created by the COVID-19 pandemic, much of that dialogue takes place on places like Facebook, Twitter and other websites. This bill would infringe upon the ability Canadians have to post online and to express themselves freely, even if their post “indirectly generates revenues”. Furthermore, the bill would infringe on the rights Canadians have to access content online, which means that the right to view freely would be infringed upon if the bill passes.

To all my colleagues, I ask if they trust the government to decide what they can say, read and watch online. Bill C-11 would give new, undefined power over the Internet to the CRTC, which was built to balance the needs of competing broadcasters, not those of citizens.

The only regulator of thought a Canadian should deal with is themselves. I can assure members that constituents in my riding do not want the censorship elements of this bill rushed through the House of Commons without thoughtful debate and hearings. They want clause 4 amended, and I trust the government will listen to Canadians in this respect at committee and amend this bill.

I ask members to be guided by the words of Lincoln that important principles must be “inflexible”. Be inflexible in defending free speech and amend the section of this bill that would give the government the ability to censor individuals on the Internet.

It is my hope that courage will manifest in all MPs and we can all work toward a Broadcasting Act that upholds the freedoms of Canadians, improves Canadian and indigenous content, supports independent production and does not stifle speech online.

Online Streaming ActGovernment Orders

February 28th, 2022 / 3:30 p.m.
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Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Madam Speaker, speaking of the last bill, Bill C-10, the amount of opposition we received, especially from the younger population, from university students, was unbelievable. It was one of the times I received calls from students at the university level and from average Canadians complaining about the control that the government wants to have over broadcasting in general and specifically YouTube and Spotify. That is why this bill is no different from Bill C-10. That is why we need to vote it down and it should not be passed.

Emergencies ActOrders of the Day

February 20th, 2022 / 1:25 p.m.
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Conservative

Pierre Poilievre Conservative Carleton, ON

Madam Speaker, there is indeed an emergency in this country. Indeed, there are a series of emergencies.

There is the emergency of the family whose 14-year-old daughter has attempted suicide after two years of isolation from sports, social interaction and other healthy activities that sustain a happy and heartful mind. There is the emergency of the federal public servant who, for unrecognized medical reasons, cannot get vaccinated and is now deprived of an income and a job. There is the emergency of the trucker who was hailed as a hero while driving our goods and services across international borders unvaccinated for over two years, who suddenly was declared a public health threat and deprived of his job as well. There is the emergency of the 32-year-old still living in his mom's basement, because under the pretext of COVID, the government printed so much money that it now costs $836,000 for the average house. There is the emergency of the single mother trembling as she walks down the grocery aisle because she cannot afford a basket of affordable goods, because the government has inflated her cost of living. There is the emergency created by the regulatory gatekeepers who keep people in poverty by blockading first nations people from the ability to develop their own resources and blockading immigrants from the ability to work in the very professions for which they are trained and qualified.

These are the emergencies we should be addressing, but instead the Prime Minister has created a new emergency. What is his motivation? Of course, it is to divide and conquer. How did this all start? Let us remember that the Prime Minister suddenly imposed a brand new vaccine mandate on the very truckers who had been free to travel across borders without a vaccine, and he did it at a time when provinces and countries around the world were removing vaccine mandates. He did it to a group of people who are by far the least likely to transmit a virus, because they work and sleep all by themselves 22 hours a day.

Media asked his health minister and his chief medical officer for evidence supporting the decision. Neither had any. In fact, the medical officer said it was time to return to normalcy, yet the Prime Minister, in spite of all these facts, brought in this new mandate to deprive people of their living, because he knew that it would spark in them a sense of desperation. If he could deprive them of their incomes, they would be so desperate that they would have to rise up and protest, and then he could further demonize them, call them names, attack their motives, belittle them and dehumanize them in order to galvanize the majority against the minority.

This must be the political opportunity his Deputy Prime Minister spoke about when she described what COVID represented to the government. The Liberals have attempted to amplify and take advantage of every pain, every fear and every tragedy that has struck throughout this pandemic in order to divide one person against another and replace the people's freedom with the government's power.

At the beginning of the pandemic, it started immediately. The government attempted to ram through a law that would have given it the power to raise any tax to any level for any reason without a vote in Parliament. It tried to pass Bill C-10 to strip away free speech online. Thankfully, Conservatives blocked it from doing so. The Prime Minister's authorities have said they want to track Canadian cell phones for the next five years. Now this, the Emergencies Act, is the latest and greatest example of attacks on our freedom.

Ostensibly, it was meant to stop blockades, which had already ended before he even brought forward this legislation. In Alberta, in Manitoba and at the Ambassador Bridge, those blockades were ended peacefully, in some cases with protesters hugging the police officers and bringing the matters to a successful close, so that goods and services could resume.

Instead, in that context, the Prime Minister brought in a law that not even Jean Chrétien brought in after 9/11 killed dozens of Canadians in a terrorist attack, that not even former prime minister Harper brought in when a terrorist murdered a Canadian soldier at the war monument and came running into Centre Block spraying bullets in all directions, and that not even the current Prime Minister brought in when blockades by first nations were standing in the way of those who were attempting to build the Coastal GasLink pipeline. For the first time in this law's three-decade history, the Prime Minister brings it in to address what he says was a protest in front of Parliament Hill.

Ironically, this power goes beyond any of the protests and/or blockades the Prime Minister claims to want to address. For example, it would allow governments and banks to seize people's bank accounts and money for donating to the wrong political cause. One journalist asked the justice minister if small sums donated, for example, to support an end to vaccine mandates could get someone's bank account frozen. The minister did not deny it. Instead, he said that people who make donations of that kind should be very worried.

To freeze people's bank accounts is not just an attack on their finances but on their personal security. If their bank accounts are frozen, they cannot buy food, they cannot buy fuel, they cannot pay their children's day care fees and, under this law, they can face this personal attack without being charged with a single, solitary crime.

The Prime Minister says that this is time-limited, yet his own finance minister said she wants some of the tools to be permanent. He said it will be geographically targeted, yet his own parliamentary secretary for justice said that “the act technically applies to all of Canada”. The rules apply everywhere and indefinitely.

Finally, there is nothing in the act that limits the kinds of financial actions that could lead to people's accounts being frozen, and if they are frozen unjustifiably, the act specifically bans people from suing either the bank or the government for that unjustifiable treatment, opening the door for people who have nothing whatsoever to do with either the blockades or the protest having their bank accounts frozen without cause.

The Prime Minister says he wants to do this to remove the blockades, blockades that have already been removed. He says he needs these unprecedented powers in order to bring our country's order back to the pre-protest period, although across this country that has already occurred.

I say to the House that I oppose this unjustifiable power grab and, as prime minister of Canada, I will ensure that no such abuse of power ever happens again.

However, I say that we should end some of these blockades. Let us—

Online Streaming ActGovernment Orders

February 16th, 2022 / 6:35 p.m.
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Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Madam Speaker, I am very pleased to rise this afternoon to speak to Bill C‑11. During the 43rd Parliament, I gave a speech at second reading stage of the previous bill, Bill C‑10, and I am pleased that this new version is being debated in the House.

I believe that, in a way, this bill represents a second chance. It gives the official opposition a second chance to clearly support our creators and to hold to account a massive industry that is gaining influence by the day. I am obviously speaking about the digital broadcasting industry, otherwise known as streaming services. This bill offers a second chance to hold the web giants at the heart of this industry to account.

The Conservatives say they support the little guy, but by opposing Bill C‑10 in the previous Parliament, they sided instead with the giants, the most powerful players, those dominating the public space in the digital era.

Our creators play a key role in our society and our economy. They are not just here to entertain us, to serve as a distraction from everyday living or to offer an escape from real life. They have a much more profound and important role. Creators reinforce our identity and help it grow in a world that is constantly changing and evolving. Creators hold a mirror up to our society. They show us who we are, both the good and the bad.

Creators help us learn about and understand our past. They also serve as a beacon, illuminating a future full of possibility. Creators embody the soul of a people, a nation, a country, and their work feeds that soul. If we do not take care of our artists and creators, if we do not ensure they can earn a living, if we allow them to wither and die, our collective soul will pay the price.

Artists motivate us as individuals and as a society. They motivate us to keep building. For example, when we experience an exceptional piece of art, especially one that reflects our own stories and our own reality, it imbues us with a sense of pride in who we are and what we can accomplish. This pride motivates us to keep building our community and sharing our perspective with the whole world.

I am thinking of the work of Jean-Marc Vallée, who passed away recently. We recognize ourselves as Quebeckers in his films, particularly C.R.A.Z.Y and Café de Flore. We also hear our voice in his Hollywood movies like Big Little Lies, Dallas Buyers Club and Demolition Man. His Hollywood projects generated economic spinoffs for Quebec and Canada, even in my community of West Island in Montreal. I have a friend, Gavin Fernandes, who worked with Jean-Marc Vallée for a long time doing post-production work on some of his films.

In very practical terms, arts and culture are an economic force. As for the sectors targeted by Bill C-11, let us look at broadcasting. Broadcasting contributes roughly $9.1 billion to Canada's gross domestic product. That represents 46,556 jobs.

The film and video sector contributes approximately $4.3 billion to the Canadian economy, which translates into 71,868 jobs. Finally, the music and sound recording industry injects $572 million into the Quebec economy, which translates into 8,286 jobs.

I would take it one step further. Contributions made by the creative sector transcend the industries I just mentioned. Creativity is at the heart of nearly everything in a modern economy like Canada's, where things like ideas, experiences and symbols are increasingly consumed alongside physical products.

Online Streaming ActGovernment Orders

February 16th, 2022 / 6:10 p.m.
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Bloc

Caroline Desbiens Bloc Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Madam Speaker, I thank my colleague from Rosemont—La Petite‑Patrie for his excellent speech and comments, which line up with most of our ideas.

I would like his take on the work that was done on the former Bill C‑10. The Bloc Québécois made a lot of suggestions, additions and corrections to improve it. We are now faced with the current Bill C‑11, which I certainly think could easily be passed once it is studied.

The thing that bothers me is the $80 million a month that skips over the creators and goes straight to the broadcasting bigwigs. It makes me so mad. As a singer-songwriter myself, I know that all of my colleagues are up in arms over this.

Does my colleague also believe that we must deal with the bill urgently and efficiently?

Online Streaming ActGovernment Orders

February 16th, 2022 / 5:45 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, I am familiar with Bill C‑11, having spent a lot of time working on the previous bill, Bill C‑10, which addressed the same issues but was not passed by the Senate. This is a new version, but it is almost identical to Bill C‑10, with some changes.

To set the stage, I think it is important to talk about tax fairness. Yesterday, I was listening to prominent left-wing economist Thomas Piketty on the radio. He said that getting the ultrarich, the billionaires, the big corporations, the web giants like GAFAM, to pay is key to being able to create societies that are fairer and more egalitarian, societies where we can pay for social programs to take care of our people, our communities and our neighbours.

This bill is a step in that direction. Unfortunately, the federal government, be it Conservative or Liberal, has not yet done anything to make these web giants pay tax in Canada. I can already hear the Minister of Canadian Heritage saying that it is not up to Canadian Heritage, it is up to Finance. He is right. I know that.

I am just saying that we have a major tax fairness problem preventing us from making necessary investments in health care, post-secondary education and infrastructure. Middle-class workers are always the ones who end up paying for those things, while the rich find a way out and go hide their money in tax havens. Big companies like web giants are still not paying tax in Canada. That is absolutely scandalous, and we should all be outraged.

I invite the federal government—I urge it—to heed the demands of those on the left, of progressives and the NDP, among others, and tell these companies that enough is enough. Google, Apple, Facebook and their ilk need to pay tax. They make mind-boggling amounts of money. They are literally stealing our money, and the middle class, the workers, the people we represent in our ridings, are the ones who always end up bearing the tax burden.

We are not talking about taxation in Bill C‑11, but about a certain fairness in financial contributions to support our cultural sector. That is the link between the two. It is a small step, but a significant one for our artists, creators, and national, local or regional productions. It is becoming absolutely essential to be able to make this shift. It is high time that we did so. We are already lagging far behind.

The last version of the Broadcasting Act was enacted in 1991. It is now 2022. Spotify, Netflix and all these online streaming services did not exist in 1991. Fortunately or unfortunately, I remember it as an entirely different era. One thing is certain: we have a regulatory and legislative framework that is outdated and archaic. As the member for Trois-Rivières stated, it is literally from another century and must be adapted for the present day.

Back then, the federal government was able to step in and pass legislation on TV and radio broadcasters because the airwaves had been declared a public good. Since they were a public good, the government could step in to oversee and regulate the use of these airwaves. That is not true of the Internet. The Internet is not considered a public good or even a public service, which is unfortunate. I do think it should be a public service. Back then, the legislation was drafted based on the concept of public airwaves for radio and later for television. We are light years beyond that.

We in the NDP welcome this kind of legislation, which aims to ensure that everyone is treated equally by bringing those who do not currently contribute to funding Quebec and Canadian cultural production in line with those who do. This should have been done a long time ago. We said this last year, before the election. Governments have been dragging their feet on this issue. It is culture, our cultural sector and our artists, who have suffered and unfortunately continue to suffer.

I find it particularly hypocritical that the Liberals argued for urgent action on the former Bill C-10, after introducing it too late in 2021 and then calling an election, knowing full well that this would kill the bill, which would die on the Order Paper in the Senate and therefore not receive royal assent.

The Liberals' political self-interest and the tactical, partisan decisions they made in the hope of gaining a majority led them to knowingly and willingly abandon the cultural sector and our artists. Because of the Liberals, these artists will have to wait months, maybe even a year, before this problem will be solved and the various stakeholders will help fund our cultural productions through the Canada Media Fund or other funds.

This sector has never been more in need of our support. The cultural sector, along with tourism, has probably been hit hardest by the pandemic. This is particularly true for the performing arts, which are not as affected by Bill C‑11 and the Broadcasting Act but still employ a lot of people, who are desperate and struggling. The past two years have been extremely difficult, which is one more reason we need to be diligent and mindful in designing the best bill possible.

If this act is only reviewed every 33 years, it becomes even more important that we do a good job now, since we do not know when we will have the chance to make any changes.

As I was saying, technology has left our current system in the dust. On the one hand, our broadcasters and cable companies pay for arts, TV, film and music productions. On the other, web giants, all the online and streaming broadcasters, do not pay a penny to support the telling of our stories.

This inequality, this inequity, this is what needs fixing and should have been fixed a long time ago. We are ready to work in good faith with our friends in the cultural sector to change this situation and find a solution to this problem.

The NDP supports the bill in principle, just as it supported the old Bill C‑10. We want to work with our cultural sector, not just because we like culture or because it is what defines us as humans, but also because it is an important economic sector with tens of thousands of jobs. Those jobs in turn support cities, towns and regions. Lots of those jobs are in Quebec, in Montreal, and, I am proud to say, in my riding, Rosemont—La Petite-Patrie, where I am fortunate to represent a very visible, active and creative artistic community that I am very proud of.

I would like to raise the two questions that we have, and I look forward to hearing what the minister has to say about them and talking about them in committee.

One thing that derailed the debate the last time was the official opposition's very partisan speeches. The Conservative Party was getting a great kick out of raising the doubts and concerns of people who were worried about being regulated and managed by a government body like the CRTC. However, a fair reading of the previous bill showed that such would not have been the case.

It seems the Liberals were worried that the debate would shift or derail like that again, so the new bill seems even more forceful with regard to what we generally refer to as cat or baby videos, which will not be subject to CRTC regulations. Users and user-generated content will be excluded.

That is stated and reiterated in the bill. We could discuss that, but I think we are headed in the right direction. That is not the purpose of the bill. The purpose of the bill is to make individuals and companies that use social media for business purposes and generate a significant amount of revenue contribute.

That is where things are unclear right now. For example, how will we calculate YouTube's contribution if we are making a distinction between commercial and personal or private use? I am saying YouTube, but the same would be true for TikTok, Facebook or Instagram.

These platforms and social media sites are used a lot for professional and business purposes. That is fine, but we need to make sure that we have a mechanism for determining the value of the commercial use of TikTok or YouTube, for example, and excluding private or personal use.

Based on the preliminary discussions we had with officials from Canadian Heritage, the answer is unclear. They seem to be floundering, unsure how they are going to find a solution. I suspect that they will end up negotiating with each of these platforms.

If we do not have transparency tools for obtaining information on the proportion of personal use versus commercial use, information that is held by these social media platforms and online streamers, how does the Liberal government plan to negotiate with these giants to ensure that they are not pulling a fast one?

How do we make sure that they stop failing to contribute their fair share and stop saving money on the backs of workers who actually do contribute by paying taxes in Quebec and Canada?

We need to seek clarification, and I think this is going to be important work to do in committee. The Minister of Canadian Heritage is going to have to explain this to us.

The second thing I wanted to talk about is the concept of discoverability. I have questions about this, and I am not the only one, because I heard my colleagues from the Bloc Québécois, including the former heritage critic, also raise this question. The bill touches on the issue of funding for various cultural activities, and the web giants now have to chip in.

We must ask ourselves one important question: Will consumers see this content? It is all well and good to say that there may be a Quebec film in the Netflix catalogue, but if it never appears on the home page when the app is opened, if people do not even know it exists, they are not going to watch it. The same goes for a TV show or a song.

For our artists and singers, YouTube is a major means of monetizing and selling their work. The Liberal government is telling us that it wants that work to be seen and found by consumers, but it does not want to intervene in the algorithms of these social media platforms and online streamers.

I am scratching my head a little and wondering how this will be verified. The home page and suggestions shown to each consumer may vary based on their streaming history, previous searches, areas of interest and also, I believe, a significant amount of data that these web giants share in order to create customer profiles.

How will we know if Cœur de pirate's latest song is easy for people to find when they are looking for music on YouTube?

I was told that these people will have an obligation to deliver and that they will look at the overall picture. I have no idea how they are going to monitor all that, collect the data and be able to verify whether the discoverability mechanisms are real or just wishful thinking and a declaration of intent.

I understand that algorithms are also a trade secret. This may be a touchy subject, but I have yet to get a clear answer on how we can achieve this from a technical standpoint without tweaking the algorithms. I think these are important questions.

If the bill simply says that it is very important for Quebeckers and Canadians to have access to TV shows, films and songs from Quebec and Canada and that it is important that they be able to find them easily, but, in reality, none of what the bill says is enforced or enforceable, then the bill will fall short of its goal.

There are some worthwhile aspects, such as funding, national production, discoverability and diversity. The bill does take some steps in the right direction. For example, it contains some guarantees in terms of French-language content production.

As a member of Parliament from Quebec, it is obviously very important to me and to the people I represent across Quebec, and to francophones outside of Quebec and to people all across the country, that French-language works can be produced and are discoverable. We must avoid making the same mistakes the Liberals made with their big agreement with Netflix, when they seemed to have completely forgotten French-language or Quebec content. There were no guarantees.

The NDP is very much in favour of focusing on indigenous productions and indigenous-language content creation. That is something that has been neglected over the years, and there is some catching up to do. Investments are required. We are talking about money, about regional and provincial support. I do not know if we are going to want to look at quotas, but the fact that we are even talking about this and making it a priority is a step in the right direction. This is something that the NDP will emphasize strongly when we are studying the bill.

The bill addresses other points worthy of our attention, such as the idea of cultural sovereignty. If we cannot find a way to tell our own stories, the stories of our regions and towns, we will be crushed, completely overtaken. Our identity, be it Canadian, Québécois, indigenous or something else, will suffer. We have to be realistic. We are right next to the United States, the epicentre of global cultural imperialism. We need to make sure we have the tools to protect Quebec and Canadian content and our ability to produce it. We have to protect our content and promote the use of local talent. Quebec and Canadian artists have to be able to participate and be in those productions. They need exposure and recognition. That is crucial.

Bill C‑11 misses the mark in that it fails to mention CBC/Radio-Canada. The government could have gone there. It could have included CBC/Radio-Canada. There is nothing in this bill about the independence of its board of directors or the role of advertising at CBC/Radio-Canada. That is something the NDP would have liked to see.

We have also been anxiously waiting for legislation that was promised by the federal government, including support for newsrooms to deal with the issue of online broadcasters using content created by journalistic sources. Sites like MSN take articles from here, there and everywhere without paying to use or disseminate them. This is a big problem.

Considering the situation in downtown Ottawa right now and the interference of far-right groups in some of the protests, I think a bill on online hate and radicalization would be extremely important. We really want the Liberal government to do something about this. We are still waiting for the Liberal government to take action to support journalism work and newsrooms, and to address online hate.

Online Streaming ActGovernment Orders

February 16th, 2022 / 5:15 p.m.
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Bloc

Monique Pauzé Bloc Repentigny, QC

Mr. Speaker, my question is on the official opposition's attitude rather than the substance of the bill.

It is no secret that during the study of Bill C‑10 in the last Parliament, the official opposition did everything it could to prevent it from getting passed by using a variety of different tactics.

Artists, creators and the entire cultural community are calling on us to do everything we can to get this bill passed quickly. They say that they have been waiting long enough.

Does the member for Perth—Wellington agree that we can be constructive by proposing amendments, but without slowing down the process?

Online Streaming ActGovernment Orders

February 16th, 2022 / 4:45 p.m.
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Conservative

John Nater Conservative Perth—Wellington, ON

Mr. Speaker, it is a great honour to rise in the House as the Conservative critic for Canadian heritage and present the official opposition's response to Bill C-11, the online streaming act.

I want to begin by recognizing and celebrating the contributions made by our creators, including artists, actors, musicians and everyone who works in the Canadian arts, culture and heritage sector. There is no doubt that Canada is home to world-class talent that has found success at home and around the world.

Meanwhile, our young talent continues to develop, which will contribute to our national culture for years to come. This is especially true of the exceptional Quebec and francophone talent that we all want to see flourish.

These creators and artists deserve to be treated fairly and to have the tools they need to succeed. They deserve an economic environment that allows them to be fairly compensated for their work as they tell our stories, whether through music, prose, movies, television or, increasingly, online content.

The Broadcasting Act has not been updated in any meaningful way since 1991. Believe it or not, times have changed a little since that time. When I was a seven-year-old kid in 1991, the phrase “be kind, please rewind” reflected so much of the broadcasting world. Now, three decades later, as a legislator, I can acknowledge that times have changed. Technology has changed, and how Canadians enjoy Canadian stories has changed.

What has not changed, as has been acknowledged, is the legislative and regulatory framework that governs this sector. The Government of Canada and, through the government, the CRTC must update their approach to the treatment of arts, culture and media to reflect the realities of the third decade of the 21st century. As many of colleagues know, my riding is home to some of the great cultural institutions in Canada, including the Stratford Festival, Drayton Entertainment, and the Canadian Baseball Hall of Fame and Museum. Moreover, our community has a vibrant music scene through events, such as Stratford Summer Music, and it is becoming an destination for television and film production.

When I was asked to serve as the official opposition's shadow minister for Canadian heritage, I was certainly honoured to do so. It has provided me with the remarkable opportunity to meet with so many arts and culture stakeholders from across the country. I have met with many artists, musicians and creators who are deeply invested in the future of the industry and the future of this very particular piece of legislation.

The Conservative opposition agrees that the existing system is outdated. However, we have watched the government fail and waver in its efforts to modernize the Broadcasting Act, adapt to our new digital reality and prepare for future disruptions that we cannot even predict today.

That is what the government and the CRTC ought to be doing. They should be there to ensure they are not in the way of the next disruption or the next innovation. Rather, they should be there to lay out the ground rules to ensure that when that next disruption happens, when that next innovation happens, it happens right here in Canada, and that it allows Canadians and Canadian creators to benefit from and export our top-notch talent around the globe.

In fact, in our 2021 election campaign platform, we committed that a Conservative government would conduct a full review of the CRTC to ensure that it better reflects the needs of Canadians and does not prevent Canadian broadcasters from innovating or adapting to changes in the marketplace. Speaking of election platforms, I want to be clear about where our Conservative opposition stands on updates to the Broadcasting Act related to foreign streaming service.

In our platform, we clearly stated that we would support legislation that updates the Broadcasting Act to deal with the realities of an increasingly online market and the need to provide businesses with certainty and consumers with choice.

We will require large streaming services like Netflix, Disney+ and Amazon Prime to reinvest a significant portion of their Canadian gross revenue into producing original Canadian programming, of which a mandated proportion must be in French.

If they fail to do so on their own in a given year, they will be required to pay the difference into the Canada Media Fund. The proportion chosen will vary based on the nature of the streaming service and would be determined based on the best practices of other jurisdictions, such as those in Europe and Australia, as well as the nature of the Canadian market.

Content reinvestment requirements will also recognize and incentivize partnerships with Canadian independent media producers.

We were also very clear in our platform that we would do this while ensuring that Canadians who uploaded content to social media platforms continued to enjoy freedom of speech and the ability to express themselves freely within the confines of Canadian law.

Let me be clear. Most Canadians understand and expect that large, foreign-owned streamers ought not to be given advantages over the regulated Canadian broadcasting sector. Large, foreign streamers should pay their fair share. What is more, it is logical to expect that those who benefit from the Canadian regulatory regime should also be expected to contribute to Canadian content. We want to see Canadians telling Canadian stories.

Much has been said about the origins of the current regulatory regime. In reviewing the interventions of past colleagues on this topic, I was drawn to the comments of the then minister of communications, the Hon. Marcel Masse, from November 3, 1989. At page 5,546 of Hansard, Minister Masse states:

...let us retrace the development of our broadcasting system. How did it start? How can we define it? Since its beginning, Canadian broadcasting has had to adjust to Canadian realities: the proximity to the United States, a vast and sparsely populated territory, as well as the existence of two official languages. Every measure taken by public authorities since the turn of the century can be explained by these economic, social and cultural challenges, which lie at the root of the bill before us today.

The minister goes on to state:

What has changed, however, is the technology of communications and the significant evolution of Canadian values.

With the important addition of the consideration of indigenous languages and culture, I would suggest that commentary, provided in the House on that November day in 1989, rings true today as well with the challenges and opportunities faced in today's broadcasting system here in Canada.

While we are going down memory lane, I want to turn back to something not quite as far back as 1989 and look at what happened in the previous Parliament with the former bill, Bill C-10. As all members of the House will remember, and many Canadians watching this debate will remember, in the previous Parliament the iteration of Bill C-10 was one of the most poorly managed and poorly messaged policy proposals that I have seen from the government.

The new bill, Bill C-11 picks up where the old Bill C-10 left off. That flawed bill made headlines for all the wrong reasons. The decisions that were made by the government seemed to fail from drafting to introduction to third reading.

Conservatives were not alone in our concerns with Bill C-10. Many individuals and organizations were concerned about free speech and the implications of government overreach and expressed strong concerns with the former Bill C-10. Professor Michael Geist, a University of Ottawa professor and the Canada research chair in Internet and e-commerce law, called the former Bill C-10, “an exceptionally heavy-handed regulatory approach where a government-appointed regulator decides what individual user generated content is prioritized”.

He further pointed out that “no one—literally no other country—uses broadcast regulation to regulate user [generated] content in this way.” Even the Senate, which is now filled with a plurality of senators who were appointed by the current Liberal Prime Minister and who generally share his agenda and ideology, refused to pass Bill C-10 before the Prime Minister called his unnecessary attempt at a power grab in the summer of 2021 election.

One of the main flaws with the former Bill C-10 related to user-generated content, which we will hear a lot about in my comments and the comments throughout this debate. Under that bill, there was originally an exception, proposed section 4.1, which would have allowed those who generated content on social media sites like YouTube and other content-sharing sites to be excluded. However, at committee, government members removed that exclusion, meaning the CRTC could have regulated the content individual users put up on those social media sites.

Further complicating the matter was the unclear and unaccountable authority Bill C-10 proposed to give the CRTC. Bill C-10 proposed to give the CRTC broad new powers, but not clear direction on what those regulations would be. With little to no government oversight, it was concerning that an unaccountable government agency would be enforcing and controlling what people see and do not see on social media sites, which brings us to the current bill before the House, Bill C-11.

I can appreciate a certain irony that this bill was introduced on February 2, groundhog day, because it certainly feels like we have been here before. When I was first appointed as shadow minister for Canadian heritage, I spoke with and I wrote to the Minister of Canadian Heritage and had wonderful, productive conversations with the minister. There were two things in particular that I urged him to do. First was not to reintroduce the flawed former Bill C-10 in the same form. The second request I thought was important was, should he introduce amendments to the Broadcasting Act, that the government not interfere with the work of the Standing Committee on Canadian Heritage and that we as parliamentarians be given the opportunity to properly study and, if necessary, amend this bill. That is still my hope.

I want to talk a bit about what this bill would not do. It would not reduce the current regulatory burden faced by incumbent Canadian broadcasters, nor would it reduce the costs to Canadian broadcasters. The government could take immediate action today to support Canadian broadcasters by adopting Conservative policies.

As I said in this place and elsewhere, the CRTC part II licence fees should be scrapped. These fees amount to a tax on Canadian broadcasters and do nothing but provide additional revenues to regulators and, by extension, the Government of Canada. In fact, in the 2019-20 fiscal year, these part II licence fees amounted to $116,594,742. In the 2018-19 fiscal year, they were $113 million. In those two years alone, that amounts to a quarter of a billion dollars that went to CRTC coffers, rather than contributing to Canadian programming. This bill, unfortunately, would not scrap part II licence fees.

As I hinted at earlier, we will be talking a fair bit about user-generated content. In the old Bill C-10, there was an exclusion for user-generated content, which was then excluded at committee in the melee that was clause-by-clause consideration of Bill C-10. In Bill C-11, the government has reintroduced an exclusion on user-generated content on social media and it is known as proposed section 4.1 of Bill C-11. However, in what can only be considered the ultimate in bureaucratic language, the Liberals added an exclusion to the exclusion as proposed section 4.2. This exclusion to the exclusion is so broad that the government, through the CRTC, could once again regulate wide swathes of content uploaded to social media.

I want to quote from key stakeholders who operate in the field. Matt Hatfield, from Open Media, said this:

Trying to exclude user generated content from CRTC regulation is a good step, and an acknowledgement by the government that last year’s Bill C-10 was a mistake.... The problem is that it isn’t clear if they’ve actually excluded user generated content. They’re working from a foundation of a clean separation of professional and amateur content on the Internet that simply doesn’t exist. Major Canadian Internet productions like podcasts could find themselves in the worst of all worlds—subject to CRTC regulation, while not able to seek CanCon funding.

What concerns me, and what concerns our official opposition, is the impact that this will have on creators, especially digital first creators who have found success in the digital world and should be encouraged rather than hindered.

According to a 2019 report from researchers at Ryerson University, “there are an estimated 160,000 Canadian content creators on YouTube, including 40,000 who have enough of an audience to monetize their channels. These 40,000 creators have in turn sparked the development of nearly 28,000 full-time jobs”. That is 28,000 full-time jobs through this type of digital first Canadian creation. This is just one small aspect, one positive economic part that we could realize through new media.

It is not Conservative politicians alone who are raising concerns about the impact this would have on digital first creators. We are raising these concerns on behalf of creators from across Canada.

Scott Benzie, the managing director of Digital First Canada, shared this about Bill C-11: “Bill C-11 still has many issues for Digital First Creators, the 'sandbox' that is said to be given to the CRTC is too broad and could include every piece of content online. Most concerning though is that there is still room in the bill for the government to force platforms to put 'approved' Canadian content ahead of independent Canadian content and artificially manipulate the algorithms. Even in the best case scenario this bill only has downsides for Digital First Creators while the traditional media industry gets their funding doubled.”

We can go on to Morghan Fortier, CEO of Skyship Entertainment, who shared these comments: “In Canada, digital content creators have built a successful thriving industry on platforms such as YouTube, TikTok and others that export a huge amount of Canadian content to the rest of the world. Creators bring revenue from other countries back home to Canada and use it to hire Canadian workers, and pay Canadian taxes. They've done this through their entrepreneurial spirit, their hard work, and largely without government interference or assistance. This achievement should be supported, celebrated and encouraged.”

I know my time is running short. I do want to offer a few final comments about Bill C-11, including the broad powers that are delivered to the CRTC. We, as parliamentarians, have a duty to examine and review proposals of the government. The challenge with this piece of legislation is the degree to which government envisions delegating its regulatory power to another entity, in this case, the CRTC. This is being done without, as of yet, clear policy direction from the government as to how these regulatory powers would be interpreted.

This “just trust us” approach does not inspire confidence. One example is the concept of discoverability, which could be so broad and vague that Canadians would be rightly concerned about what content the CRTC would have prioritized for Canadian viewing and, by extension, what would be further deprioritized for viewing by Canadians.

Also, Canadians want to know what constitutes Canadian content in the digital world. As I mentioned before, we want to see Canadians telling Canadian stories, but what is not clear is how the CRTC would adjust its criteria to ensure that real Canadian stories are captured within the CanCon rules.

We, as the official opposition, will be clear in our position on this bill. While we will not be supporting this bill at second recording, we will nonetheless fulfill our role as Her Majesty's loyal opposition in proposing reasonable amendments at committee. Our Conservative opposition will be there for Canadian creators, artists and broadcasters in asking the tough questions and raising important concerns here in the House and at committee.

February 8th, 2022 / 4:30 p.m.
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Chairperson and Chief Executive Officer, Canadian Radio-television and Telecommunications Commission

Ian Scott

I didn't expect to answer a question about broadcasting today.

I would imagine that we might well be asked to appear before the heritage committee to discuss it. I have only had an opportunity to look briefly at the new legislation as tabled.

What I perhaps would like to say about it is that the discussion I watched and heard at committee in relation to the predecessor bill, Bill C-10, and section 4.1 really went to how user-generated content would be treated. My understanding of the new legislation is that it says user-generated content won't be...unless it is subject to specific regulatory measures introduced by the CRTC.

February 8th, 2022 / 4:30 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

I'm pretty sure you've had time to make this your bedtime reading over the last few days.

Last year, when Bill C‑10 was being studied, a particular clause was removed. That created quite a controversy afterwards, which probably contributed to the failure of this bill. This is clause 4.1, which was reinstated in Bill C‑11.

I'd like to hear your comments on how the clause was worded in the current version of the bill.

Canadian HeritageOral Questions

February 4th, 2022 / 11:35 a.m.
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Conservative

John Nater Conservative Perth—Wellington, ON

Mr. Speaker, I think that the Liberals are also supporting Facebook, spending $4.2 million in advertising on Facebook alone in the last two years.

It was like Groundhog Day on the day this bill was introduced, because the challenges that were in Bill C-10 are there again in Bill C-11.

In the old Bill C-10, there was an exclusion for user-generated content, but then the Liberals excluded that exclusion in committee. This time, the exclusion for user-generated content is excluded by another exclusion.

Why can the government not simply exclude user-generated content that is on social media, and protect Canadians in that way?

December 13th, 2021 / 11:15 a.m.
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Conservative

John Nater Conservative Perth—Wellington, ON

Yes. I was probably in elementary school when it was last reviewed.

To that end, and again, recognizing that when it was originally created and when the Broadcasting Act was last reviewed, YouTube and TikTok and none of these entities existed, there is a reality that times are changing. For the user-generated content side of things, obviously in the first iteration of Bill C-10, prior to committee, there was a clear exclusion for user-generated content. It was excluded. Within the committee process, proposed section 4.1 was amended. It was taken out so that protection for user-generated content was excluded. That obviously created a lot of concern within the community.

Would you commit to ensuring that, in the new Bill C-10, user-generated content from those people who are uploading their videos directly to a platform—I don't want to mention any particular platforms, but we all know the main platforms—would be excluded?

December 13th, 2021 / 11:15 a.m.
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Conservative

John Nater Conservative Perth—Wellington, ON

Okay. Thank you, Minister. I do have to say that I probably still have late fees with Blockbuster that I haven't paid since high school, so I may singlehandedly be responsible for their downfall.

As you mention, and rightfully so, this hasn't been updated in some time. One of the challenges and concerns we've heard from digital first creators is that they weren't properly consulted on the first Bill C-10. We've heard that those primarily online, those primarily digital, were not consulted and were not brought into the process early enough—or at all—during the first process.

Would you commit to ensuring that digital first creators are part of that consultation, part of that development process, so that the new Bill C-10 doesn't leave out those people, those creators who are primarily online and digital?

December 13th, 2021 / 11:10 a.m.
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Conservative

John Nater Conservative Perth—Wellington, ON

Okay. We'll follow up on that off-line.

There certainly has been a lot of talk within the cultural and arts industry about the former Bill C-10 and your government's plan to reintroduce this at some point in the future. Originally, it was stated that it would be within the first 100 days. I'm curious to know if that is still the timeline and whether your government plans to table this legislation within the first 100 days of this Parliament.

Criminal CodeGovernment Orders

December 3rd, 2021 / 12:20 p.m.
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Bloc

Maxime Blanchette-Joncas Bloc Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I thank my colleague from Rosemont—La Petite-Patrie for his question.

My colleague knows that the Bloc Québécois has a tradition of supporting workers' rights and that it is also a steadfast ally of unions.

It is hard to explain why the government took so long to propose this bill. We can see that it wanted to put on a dog-and-pony show by making this election promise. Now it is bringing forward this bill, but we still do not understand why.

I am thinking of other bills that the government introduced in the last Parliament that are also very important, in particular the infamous Bill C-10 and the bill on the modernization of official languages. It is difficult to explain or justify the inexplicable.

Resumption of Debate on Address in ReplySpeech from the Throne

November 30th, 2021 / 6:05 p.m.
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Bloc

Alain Therrien Bloc La Prairie, QC

Mr. Speaker, first of all, I would like to let you know that I will be sharing my time with the hon. member for Repentigny.

If I had a title for my speech, it would be “autopsy of a failure”. Before we talk about the throne speech, let us go back in time, to last spring. I would remind my colleagues that we were in a pandemic last spring. There was only one MP on the other side. I say this often, because I cannot believe it. There was just the member for Kingston and the Islands. All the other Liberal Party members were in their basements or some such place. They were afraid of the pandemic. They were shaking under their desks. Once in a while, the Prime Minister would come and visit. I remember that we would give a start of surprise when we saw him coming. We were shocked to see that there were other Liberals in that party. He would arrive from time to time and answer questions.

Then, things improved. Quebec began opening up. We thought the Liberals would eventually see common sense. We talked about it with their leader and their whip. They said that they could not come to the House, that the situation was still terrible and that there was still a pandemic. They continued to hide under their desks in the basement. They said that they could not do it, that they could not handle the light of day and that they needed to adapt.

It made no sense. That was the Liberal approach. They were afraid of the pandemic.

People say a lot of things, but the Prime Minister can be very persuasive. He convinced those folks over there that it was time to call an election. Even though we were in a fourth wave of the pandemic, he convinced them that the time was right. Even though it was only two years after the previous election, it was the right time to meet the public. An election had to be called, the situation was critical, there was an emergency on the home front.

At the end of the day, one by one, Liberal Party members took the bait. They thought they were going to walk around, meet with people and shake their hands. Soon they were making human pyramids. They were happy; they were finally out.

They told people that they were calling an election and that everybody would have to line up to vote. We were in the fourth wave of the pandemic, but no big deal. They said they could not make Parliament work because of their minority situation, that it was not going well and that the opposition was behaving outrageously. They all said that.

I have been the House leader of the Bloc Québécois since 2019, and I remember that everything was going well. The opposition was making its contribution. There were discussions happening, and that was great. Bills were being improved because we were all working together. I would say that the main problem during that time was more the Liberal government's lack of organization in developing its parliamentary strategy and legislative agenda than the opposition from the opposition parties.

There were bills on the table, and the work was getting done. Bill C‑10 got all the way to the Senate. In Quebec, we had been waiting for years for the web giants to contribute to the culture sector. The bill died in the Senate because of the election. Bill C‑216 was meant to ensure that supply management would be protected in future trade agreements. It was on track. Everything was going well. Bill C‑6 on conversion therapy was almost wrapped up. The Liberals are coming back to that now with another bill.

The bill that made pensioners first in line to get paid when a company goes bankrupt was also coming along nicely. The one that made sure that someone with a serious illness was entitled to 50 weeks of EI benefits was moving forward. That is something to be expected, it makes sense, but they decided to throw it all away and call an election, because time was of the essence.

The Prime Minister looked people straight in the eye and told them that it was urgent, that the government needed their opinion because otherwise horrible things lay ahead. The public voted, and almost all members are back, except for a few changes.

The public said to stop fooling around, stop with the elections and get back to work. They said to get back to work because we are in a pandemic. That is what the public said. The public told the government to get its act together and return to Parliament.

Now the Liberals are returning to Parliament. They wanted a majority government, but that turned out to be a flop. Now they are saying that we need to take the bull by the horns, that it is extremely important, that it is urgent.

We sat around for two months. We waited for Parliament to be recalled for two months. Our clothes were out of style by the time we came back here.

They came back, claiming that the throne speech would be as amazing as a kangaroo on a trampoline and that we would have to wait and see. People were saying that the speech would be amazing, that it would be the highlight of the decade.

When we heard the speech, however, there was nothing there. The government should be ashamed of having given birth to a mouse. It is not even a mouse; it is a flea and you would need a microscope just to see what is there. No matter how many times you read it, there is nothing there.

In the end, we did find one thing. We learned that the government does not like its jurisdictions and prefers to interfere in provincial ones. The government asked itself how it could interfere in Quebec's and the provinces' jurisdictions. Someone a little smarter said that the provinces and Quebec would be stunned if the government were to interfere in health care.

The government talks about health but fails to mention that provincial health care systems are underfunded because the federal government has been starving them for more than 20 years. The federal government is saying that it is going to stop giving the provinces the money they deserve and is going starve them little by little. At some point, however, all hell is going to break loose. That is when the federal government will step in and say that the provinces do not know how to manage health care and that there are all kinds of problems in the sector.

However, the federal government has been starving the provinces' and Quebec's health care systems for 20 years. It is quite simple. The government must be told to increase payments as it should be doing and to increase transfers to 35% of the cost of health care for everyone in Canada and Quebec. Everyone agrees on this amount except for the federal government, which does not understand. The federal government is telling itself that it will say that the provinces are not doing a good job, so that it can go ahead and interfere in their jurisdictions.

The federal government is steadfast, and it does not like its jurisdictions. The rail crisis fell under federal jurisdiction, but it let the provinces deal with it. It says it will let the City of Montreal and Quebec deal with the firearms issue. When an issue falls under its jurisdiction, it does not want to deal with it, but it will meddle in the jurisdictions of Quebec and the provinces. If the Prime Minister wanted to run a provincial government, all he had to do was stand for election in British Columbia. However, he is the Prime Minister of Canada.

The federal government thought it came up with a good idea by announcing that it needs a minister responsible for mental health, an area that falls under the jurisdiction of Quebec and the provinces. However, the federal government said that it would be all right and that it would be fun. It went ahead with it.

This morning, despite being comfortably seated, I fell right off my chair when the leader of the official opposition said a minister responsible for mental health was a good idea. The Conservatives have been saying for years that they do not want to interfere in areas under the jurisdiction of Quebec and the provinces. Then, this morning, the leader of the official opposition said he was disappointed and ready to fight. The thing is, one cannot respect the provinces' jurisdiction by leaving them alone and support the idea of a minister responsible for mental health at the same time. That does not work, but that is what the Conservatives did, and they thought it was pretty great. Then they said it was because the government was no good. I think the root of the problem is not that the government is not good; it is that it did not do its basic job.

Quebeckers send half their taxes to Ottawa because they want to be taken care of during a pandemic that makes the problem even worse. What Quebec and Quebeckers want is to see the money they send to Ottawa flowing back to where it is needed: health care. The federal government does not have the authority to handle health care. It has never done so. It has never paid a doctor or a nurse, and it has almost never run a hospital, so it must send that money to the people with expertise in this area: my government, the Government of Quebec. That is what the Bloc Québécois wants.

We are also thinking about seniors, who suffered in isolation, who were the most affected by the pandemic in terms of health, who are on a fixed income and who are now being financially strangled by inflation. The only thing the federal government did was divide them into two classes. It said that it would help seniors 75 and up, but seniors 65 to 75 would have to wait.

In the House, three ministers said that if seniors 65 to 75 did not have the means to live comfortably, they would have to go back to work. Seriously? The federal Liberal government wants to send people 65 to 75 back to work? This government is already worn out only two months in. Good thing it spent two months resting, or it would be dead.

With a throne speech like that, I think the opposition will have its work cut out for it.

An Act to Provide Further Support in Response to COVID-19Government Orders

November 29th, 2021 / 1:30 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, I would like to inform you that I will share my time with my colleague, the hon. member for Thérèse-De Blainville.

Before I begin my speech, I would like to come back to the answer the colleague from Outremont gave me a few minutes ago. I realize that theatres and cultural enterprises will be able to continue to benefit from these programs, but artists and workers are not included in Bill C‑2. What is in the works is not a bill, but an assistance program, which is much more complicated to put in place and could be done much more quickly with Bill C‑2. I will stop there for the time being, because we hope to have the chance to come back to it.

Since this is my first time rising in the House in this 44th Parliament, I would like to take the opportunity to thank the constituents of Drummond, who have put their trust in me a second time. It makes me feel honoured and proud, and I will prove worthy of that trust.

I also want to thank the volunteers who gave it their all, their time, energy and passion, and spent long hours working on the campaign. I am thinking of two wonderful volunteers in particular: my parents, my mother and father who are 81 years old. They gave of their time and travelled around the riding, and they were very happy to do it. I want to be young like them when I am old.

I want to thank the team in my riding office, who are so essential. I want to sincerely thank them for their support and for the excellent service they provide to the people of Drummond. I am thinking of Andrée-Anne, Marie-Christine, Marika and Jacinte. I am also thinking of my assistant Mélissa, here on the Hill, and of Alexandre, who works with us. They are invaluable, and I care about them a lot.

I will close by thanking my family and friends. I mentioned my parents earlier. My colleagues in the House are all too familiar with the effect that political life can have on a family. My children, Lily-Rose, Tom, Christophe and Alexandrine, are wonderful. I want to thank my wife, Caroline, for being in my life. A wife is completely essential in the life of a politician.

I would like to take a moment to talk about the white ribbon I am wearing this week to express my support for women as part of the campaign to eliminate violence against women and girls, which runs until December 6. This problem concerns us all, and I wear the ribbon with pride. I hope there will come a day when we no longer need to wear this kind of symbol, because such violence is unacceptable.

I also want to say a special hello to Yvette Mathieu Lafond, whom I have already talked about in the House. Last year I celebrated her 100th birthday with her. When I saw her for her 100th birthday, Ms. Mathieu Lafond and I agreed to meet up again for her 101st. We have plans to get together this Friday, and I hope to celebrate her birthday with her for many years to come.

I mentioned my family and my children earlier. My nine-year-old son Tom is very funny. When he was little and something scared him or worried him, he would close his eyes and say that it would magically disappear that way. It was quite cute. Kids do that kind of thing. However, kids are not the only ones; the Liberals are doing the same thing.

Members will recall that is what they did with WE Charity last year. They prorogued Parliament to put an end to debate about the scandal so that it would disappear. They also did it this summer when they called the election. They thought they could get re-elected without anyone ever again talking about their missteps. By trying to win a majority, they were hoping that the opposition parties could no longer put the government's feet to the fire. The Liberals closed their eyes and hoped that it would magically disappear.

Here is the difference between the Liberals and my nine-and-a-half-year-old son. He plays soccer and is sometimes the goalkeeper. He knows that if he closes his eyes when faced with three opponents who have the ball, it might be kicked in his face, so he keeps them open, waits for his opponents and, in an effort to prevent them from scoring a goal, he faces them and stands his ground. We expect the same courage from those in charge of a G7 country.

I have to admit that I let myself be taken in somewhat this summer. When the Liberals called the election, I really believed they were doing it in the hope of wiping the slate clean, coming back quickly and taking charge of the situation. I believed they were going to deal with the urgent matters caused by the pandemic, such as the labour shortage and the recovery of affected sectors such as tourism, aerospace and culture, as quickly as possible.

I thought that we were going into an election campaign and that, when we came back from the election, we would sort it out without any nonsense, but that was not the case. We had been hammering away at these issues throughout the election period.

The election took place on September 20, and we waited until November 22 to return to Parliament. Five months have elapsed since our last sitting day in June. During this time when we looked the other way, did the pandemic and all its problems disappear? The answer is no.

When the election was called, a fourth wave was on its way, and here we are now again with a new variant to worry about. If Parliament had been allowed to work, we would not need to discuss Bill C‑2 today, because instead we could have developed assistance programs according to need and put in place the expected assistance for artists and self‑employed workers in the cultural sector. We could even have resumed work on Bill C‑10 after the Senate had finished hacking it to bits.

Everyone here knows how long it takes to pass legislation and get programs up and running. We have to debate in the House and in committee, meet witnesses, conduct studies and so on.

If we had truly put the public interest ahead of political interests, we would have had a normal return to Parliament, we could have done our work as usual and brought programs up to date. We could have also brought in new programs and adapted. Unfortunately, that is not what happened, and we ended up wasting time.

In the meantime, self-employed workers and artists in the cultural sector are saying that they are no longer getting any assistance or money, and they do not know what to do. Based on the Minister of Finance's promises, we would have expected some form of assistance for workers in the cultural sector this fall. That is not what is happening with Bill C‑2.

We know that the Minister of Canadian Heritage is currently working on a program to help artists and workers in the cultural sector, who are the hardest hit. That is good, and I promised, along with the Bloc Québécois, to co-operate to ensure this happens quickly. In fact, artists and artisans in the cultural sector have not received any income or assistance for a few weeks now, and they are getting worried.

Without this pointless election and reckless belief that if they close their eyes the problems will disappear, we could have moved forward and there would have been support for everyone.

It really makes me mad. I know that while everyone here continues to receive their paycheque, skilled and essential workers in the cultural sector are looking to reinvent themselves in other industries because they no longer see any way for them to manage. Some of my friends, people with whom I worked and spoke to recently, think they will not even be able to buy a little Christmas gift for their children. Previously, these people were not working small contracts here and there; they had a good, steady income.

I have friends in the world of performing arts who are technicians. They have taken different jobs since the pandemic began and they will never return to the cultural sector. It is a tragedy, because this type of expertise is difficult to replace. It is truly sad to see that we are abandoning a category of workers and especially people who are passionate about their work.

I have a group of friends, including actors and audiovisual technicians, who decided to do something productive during the pandemic, since there was no work. They decided to get together and go shoot a documentary abroad. This was before the fourth wave. They all travelled together to Bangladesh, India and Nepal, hoping to meet ordinary people. They just wanted to chat with them, to learn more about their culture and their reality during the pandemic. They did it at their own expense and did not ask anyone for money or grants. The idea was to put their talent to good use during the crisis. Hopefully, we will get to see the results of their work at some point. The government is failing passionate individuals like these by postponing the help that could be given to them now, through programs that are not yet defined.

I support Bill C-2, because it does include some important assistance and good measures. However, workers in the cultural sector have been overlooked once again, which is really sad.

Employment InsuranceOral Questions

June 23rd, 2021 / 3 p.m.
See context

Bloc

Claude DeBellefeuille Bloc Salaberry—Suroît, QC

Mr. Speaker, yesterday the Prime Minister appealed to opposition parties to be progressive and pass his bills. The opposition has enabled the passage of nine bills since June 1, including Bill C‑10, which would have died without the Bloc Québécois. Now it is the government's turn.

Sick people often need up to 50 weeks of special EI benefits. That is what our Bill C‑265 provides for. In order for it to pass, the Prime Minister has to give it a royal recommendation. Now I am appealing to his progressive nature as well as to his sense of compassion.

Will the Prime Minister grant a royal recommendation?

Motions in amendmentCanadian Net-Zero Emissions Accountability ActGovernment Orders

June 22nd, 2021 / 8:50 p.m.
See context

Conservative

Brad Redekopp Conservative Saskatoon West, SK

Mr. Speaker, it is my privilege and pleasure to speak tonight to this important bill. I am going to take a bit of a different slant on this.

As members know, I was first elected in 2019, so I am a relatively new member of this House. This period of time just before the session ends for the summer is a very busy time, as I understand. This is my first experience with it. It is the first time I have gotten to see the government trying to complete its agenda, which is kind of lagging. What I have been expecting is the very best the government has to offer to get its agenda through before the House rises for the summer.

My background, really briefly, is that I come from the accounting world, and specifically the management accounting area. Efficiency was one of the things I really focused on. I worked in a manufacturing plant and I helped people figure out the easiest way to do their job so that it required the least amount of labour and we could produce the best product, most efficiently, at the best price. Essentially, it is where I learned one of my mottoes, which is “Work smarter, not harder.”

As I have watched what has gone on here in the last couple of weeks from my lens, a relatively new lens, I have witnessed the exact opposite of efficiency. It has been quite fascinating. In fact, I imagine that when our Prime Minister was on his way back from his vacation trip to Europe a couple of weeks ago, he had to stop in a quarantine hotel like all other Canadians, except that he of course stayed in a special hotel that was close to his house and was only there for a few hours—but I digress. He probably would have called his government House leader to ask how things were going and how the legislation was coming along. Unfortunately, the government House leader would have had to give him the sad news that nothing had happened, that in fact everything had stalled out because of the many mistakes made by the government. In fact, everything was in chaos, as he could see if he looked at Bill C-30 or Bill C-10 or anything else.

As we look at this bill, the government House leader has denied many times that the Liberals are going to call an election shortly, saying it is the event that just is not going to happen. However, in April, on this bill, the Liberals seemed to suddenly realize that they needed to pass something, and that is where Bill C-12 came into the picture. They needed to pass something just in case the event that is not going to happen happens.

After months of inaction on this bill, suddenly there was a big panic. Why is the government willing to ram through a flawed bill just before the summer? It is just in case that event that is not going to happen happens. Of course, the Liberals could wait until September, but here we are instead. It is the last panic time before the event that is not going to happen happens. This is hypocritical, and it is very disrespectful to our democracy.

I want to look at Bill C-12 through my new eyes. I had a front-row seat to this bill because I am on the environment committee. I have been able to see this first-hand. One of the questions I was asking myself was, “How do we have success when creating a new law?” Of course, the first step is to write a good bill. When the minister came to our committee, the first thing he said was that he was open to amendments. I am assuming he said that because he knew that the bill was not well written and that it had many flaws.

He just opened the floodgates, because there were 114 amendments that came to committee, and 17 of those came from the government itself. The bill was only 10 pages long at that point. That is over 11 amendments per page, or four per clause. That is a lot of amendments. Those numbers alone should prove that this bill was flawed.

Every morning we are led in a prayer by the Speaker, and one of the lines in that prayer is “Grant us wisdom....to make good laws....” I cannot sit back and watch this law come into force. It is a bad law. The number of amendments also showed that this was true.

The second way that we could have success when creating a new law is to get feedback. There was a lot of feedback. There were 75 briefs received by the environment committee, which is great. A lot of Canadians put in a lot of hard work to write reports and provide information to the committee. The bad news is that only eight of those briefs were received before we started our study. That was because the study was jammed in. It was rushed into committee with a very short deadline.

That means that 67 briefs were received after we did our study. It means that the work of many Canadians was ignored, and the government was happy to ignore it. It was not particularly interested in listening to the views of people who submitted the briefs. It had a plan, an idea of what it wanted to accomplish, and that is what it was going to do.

The third way we could make sure to have success in creating a new bill is to let the committee do its work. The first thing the government did was make a deal with the NDP. It did not want the committee to get bogged down in any details of actually providing useful information. It wanted to be able to ram things through.

The Liberal-NDP coalition did exactly that. It rammed this bill through the committee. Almost every single vote at the committee was marked by the Liberal-NDP coalition. The Liberals and the NDP made no bones about their coalition.

The NDP member for Skeena—Bulkley Valley posted to his Twitter before the clause by clause started, “[T]he NDP will be proposing amendments that the government has agreed to support.... We have also jointly agreed to a number of other amendments.”

What was the practical result of this? The New Democrats and the Liberals fell silent. They did not ask questions. I am not even sure they read many of the amendments or even understood what they were. They had a plan. They just knew to vote for this and not vote for that. Therefore, it fell to the Conservatives and the Bloc MPs to scrutinize these amendments. As for me, I asked reasoned and thoughtful questions of the departmental experts as to the consequences of certain amendments, but the problem was that there were 114 amendments, as I said.

As I also mentioned, the government put forward 17 of its own amendments. That means that on 17 separate occasions, the minister messed up drafting the bill and he needed his MPs to fix it. That is like us buying a new car, driving it off the lot and just as we are leaving, the salesman says he has scheduled 17 appointments for us to come back for maintenance because the dealer messed up and there are a bunch of problems with the car. Therefore, we drive it off the lot, go back tomorrow and the dealer starts fixing it. It makes no sense.

The Liberals and the New Democrats on the committee were only interested in their amendments. They refused to engage with us on our amendments. To prove my point, there was kind of a funny example.

Subsection 7(4) of the original bill required that the minister would set national targets five years in advance. The government and NDP wanted to change that to 10 years in advance. The problem was the Greens put forward an identical amendment and because they got there first, we dealt with their amendment first.

As was the practice of the government and the NDP members, they did not want to support anyone else's amendments and certainly not the Greens'. Therefore, the Green amendment was voted on and was rejected. Next up was the government amendment that was literally identical. The chair, rightly so, ruled that it was inadmissible because we had just dealt with this at committee and we had decided not to proceed with it. That was a big problem. Everybody wanted to vote for that second one because the members actually wanted the amendment. However, I do not think they read the first one from the Greens, which was the same, and they did not realize they had just voted down, essentially, their own amendment.

In the end, after a very long discussion and a lot of time wasted, the government members finally realized that instead of saying 10 years, they could say “9 years 366 days”, which was different enough to get it passed. I found that quite humorous, that the government members were not able to accomplish this.

I have an amendment that was read tonight, and it is in a section of the bill referring to the work of the advisory body, specifically the annual report that it has to submit. My amendment would require that the minister make the annual report public and, further, that the minister publicly respond to this report. It would require the government to actually take action, which is something we all know the Liberals are quite allergic to. The Liberals tried to make an amendment on this section at committee, but theirs was sloppy and it left the legislation in very bad shape.

Essentially, the Liberal-NDP amendment added words but it did not remove redundant words, so the bill as it is written right now makes no sense in that section. It still includes a long sentence that should not be there and it starts with a partial word. It just does not make a whole lot of sense. My amendment allows that wording to make sense again.

The Green Party put forward some really good amendments. The member for Saanich—Gulf Islands was quite frustrated at committee. I want to quote her because it is quite telling. She said:

I have to say that this is the most dispiriting process of clause-by-clause that I've experienced in many years. Usually amendments are actually considered, people actually debate them and there is a good-faith process....

I condemn this government for what it has done: for telling people like me, who believed in good faith that there would be an actual appetite for change to improve the bill and who accepted it and prepared amendments, only to show up here and watch Liberals stay mute, the NDP stay mute and march through their amendments, passing them in force, and not listening and not caring about the possibility that other amendments might work.

What happens when there is a flawed committee process? Flawed legislation results. Bill C-12 is flawed legislation.

Government Business No. 9—Canadian Net-Zero Emissions Accountability ActGovernment Orders

June 22nd, 2021 / 7:45 p.m.
See context

Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Mr. Speaker, we live in a democracy, so it is up to citizens to decide who will champion their cause. If we look at Bill C-10, for example, the Liberals have sided with the Bloc, the NDP and the Greens to jam a bill through that quite honestly most Canadians do not understand. When they find out that their right to freedom of expression, as laid out under subsection 2(b) of the charter, is at risk, they will not like it.

It is up to the NDP to decide: Are they here to carry water for the government, or are they here to stand up for their constituents? Unfortunately, in this case, they do not seem to be doing much of anything. If I were a constituent of the NDP and I asked what they got, they would say they got an interim objective assessment in 2026 that the official from the Department of Environment and Climate Change said does not amount to a lot.

The government does not stand up to scrutiny. When will the NDP?

Government Business No. 9—Canadian Net-Zero Emissions Accountability ActGovernment Orders

June 22nd, 2021 / 7:20 p.m.
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Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Mr. Speaker, it is always a pleasure to rise on behalf of the good people of Central Okanagan—Similkameen—Nicola. There seems to be a bit of a sense of electoral urgency in the air, so let me just say that I have always appreciated the honour to be their representative, and I will always keep fighting for their interests. I am thankful also to my family, who allow me to continue that work.

If we hearken back just to the Government Business No. 9 debate when it originally opened up, we had the Parliamentary Secretary to the Minister of the Environment and me. I was interrupted part way through for the proceedings of this place. It happens all the time, so I do ask those watching at home to know I am continuing my speech. In essence, I was giving a litany of concerns raised by the committee process, which was hastened by the Liberals literally steamrolling through along with the NDP. It was a process where people who wrote in to the committee were not heard. There were no indigenous witnesses. In fact, even the Assembly of First Nations' brief along with over 70 other briefs were not translated and sent to the committee until after the period of amendment. This is something that has been raised by a number of people as being a concern, telling people they did not matter.

Returning back to my comments, I was speaking specifically about the need for different aspects to be included in the bill. I will just start where I left off.

What we wanted to do was to include in the assessment report a summary of the measures undertaken by the provincial governments to achieve the national emissions targets. Once again, that seems obvious. However, once again without any debate, the Liberals and the NDP rejected it. There were no reasons given. They just voted against it. Their changes would be to include only the key measures that the federal government was implementing together with the provinces. However, since the provinces will be doing many great things on their own, should there not at least be a record of them?

The Liberals truly believe that the provinces are subordinate to the federal government and that, unless something is done by Ottawa, it is not important. That is not what we believe. A Conservative government would work with the provinces to reach our climate objectives. We believe that the provinces are partners, not punching bags.

There is another problem that I am hearing a lot about, and that is how the big push towards transportation electrification is affecting our electric grid.

Now, I support electric vehicles. Our party included an electric vehicle mandate in our secure the environment plan. We are not against electric vehicles, but Canadians are questioning whether the grid can handle this change. That is why we proposed that the assessment report in the bill include an assessment of the grid's ability to deal with increased demand.

We cannot move forward if we do not have the full picture. This was another reasonable proposal that was rejected by the Liberals and the NDP. We persevered nevertheless.

A lot of concern about the bill, including from me earlier on, has been about the formation of the advisory group. A significant number of briefs, witness testimony and amendments from other parties were about this very topic. We came up with what we believed was a reasonable approach: Instead of the Minister of Environment and Climate Change appointing all 15 members, he would simply appoint six, then the Minister of Finance would appoint three, the Minister of Innovation, Science and Industry would appoint three and the Minister of Crown-Indigenous Relations would appoint three.

This would allow a more whole-of-government approach and for different ministers to put forward the priorities from their ministries into the advisory body. Conservatives believed this was the best way to ensure a wide variety of voices, not a body that includes people devoted to destroying a way of life for many Canadians, yet, sadly, the Liberals and NDP rejected it. Why did I list all these changes and talk about why the Liberals and the NDP rejected them without even debating them? It is because I wanted to show how much of a farce this process was.

Everything I mentioned was thoughtful and reasonable. We did not come in with a “Liberals admit they are terrible and should resign” amendment designed to be defeated, no. We came in with good ideas that the Liberals and NDP refused to even debate or consider, all of this after the minister said he was willing to work with all parties. Yes, sure. It was not just the Conservatives affected by this bad-faith deal between the Liberals and the NDP. I have already mentioned how an identical Green Party amendment was defeated. By the end of the process, the member for Saanich—Gulf Islands had started to withdraw her own amendments because it was clear the Liberal and NDP members were not even interested in listening.

The Bloc Québécois put forward many great amendments, not ones that Conservatives generally supported, but thoughtful and productive. The Liberals and the NDP opposed them all without debate, except for one at the very end and the NDP decided to support adding a five-year parliamentary review. No one could have watched that process in committee and not be sickened by what they saw. The Liberals and the NDP not only rejected any suggestion that was not their own, but a great deal of witness testimony to boot.

Indeed, the few amendments the Liberals proposed and supported did not do anything. Many were just spelling out that the minister must do things that the minister could already do. The biggest joke of them all was an amendment that the target of net zero by 2050 did not mean net zero could not be achieved earlier, which zero people thought was the case, yet before we were called just as bitter as the Liberals, we voted for a couple of government amendments we thought were good. We came in willing to work in good faith. Unfortunately, the government and the NDP did not.

What did the NDP get for seemingly selling out to the government and agreeing to be its coalition partner in all of this? It was not much, as it happens. Basically, every environmental witness and brief stated there needed to be a 2025 target in the bill, a milestone target. In fact New Democrats themselves said that over and over in debate on the bill, but did they get that by making a deal with the government? No. Instead, they got a 2026 interim objective, which is not actually a thing in the bill and only exists in the NDP amendments as a topic that must be reported on.

In the bill, targets have teeth. They must have plans and reports. The interim objective does nothing. That is what New Democrats got for their undying allegiance in this. They also say that they got the advisory group to be more independent. What that really means is they simply added the word “independent” to the name. Seriously, that is all they did, just added a word. The minister still appoints all of them and decides what they will do unilaterally, but the word is in the title, so it must be true. It would be funny seeing what little the NDP members gave up in exchange for their loyalty if it was not so sad.

I am sure the NDP member will rise after me and proclaim New Democrats made the bill better, that they got the Liberals to make these nothing changes and that means they are doing really good work. The reality is that the Liberal government pulled one over on the New Democrats, gave them almost nothing and got their dignity in return. They will have to answer to their friends in the environmental movement for this sellout. I expect some of those meetings will not be pleasant.

That is how we got to where we are. The Liberals and NDP rushed the process, refused to listen to witnesses or briefs, refused to debate anything and refused to consider any ideas not their own, and that is just disgraceful. While we, the Bloc and the Greens were trying to debate, trying to do the thing we have all been elected to do, the minister accused us of filibustering the bill.

There were over 150 amendments and they were moving through at less than 10 minutes each. We were not filibustering, we were asking questions and debating, the kind of thing one would expect to do at committee scrutiny. To the Liberals, I guess daring to ask questions is tantamount to heresy.

We saw what they did to Bill C-10, stopping debate and passing laws in secret. That is how they want this place to run: a rubber-stamp for their Liberal ideas. I reject that. My constituents sent me here to represent them and to try to make the country better, and yes, to debate.

Therefore, I did ask questions during debate, and it is not my fault the Liberals and NDP refused to. In the Liberal world, even asking questions is apparently now a filibuster, because how dare we question the member for Papineau, whose ideas are perfect as they are and should never be challenged no matter who someone is. Well, I will because that is what I was sent here to do. I will ask those questions.

Since I wrote my speech, we had a closure motion pass today. As I said, the process the government chose was to put forward a bill and let it drag along and drag along. I would have constituents ask about Bill C-12 and I would tell them the government just really has not decided to move it forward.

Suddenly Liberals get to the end of the session and they start remembering there is a bill they have to do. They rush it through committee, a process I have explained, as well as how difficult it was on the witnesses, and even for members. I am sure there are lots of things Liberals would have wanted to ask more questions on so they could do their job as backbenchers holding the government to account, but they could not. They agreed to a strategy and they stuck with the NDP faithfully.

Since then, this very night, the minister tried to say Liberals supported the Bloc Québécois in their parliamentary review. That was fundamentally out of synch with any sort of reality. It contradicts exactly the testimony we heard earlier. The closure motion did not just cut off debate for myself but for all members, including those backbench Liberal MPs who maybe thought their constituents deserved to see their members of Parliament in action, asking questions, showing up to debate and putting forward their own ideas.

Let us be mindful, the House leader actually called the Conservatives out for filibustering a bill. We were asking questions, and he had the gall to say that we were holding things up. In fact, the Minister of the Environment a week ago Wednesday, wrote to different parties and asked us to finish the bill, which we were almost finished anyway.

We finished it Wednesday night, waited to see what happened Thursday and nothing. Eventually, our chair for the environment tabled it Friday and then Liberals said that they wanted to debate it as early as Monday, so we expected it. Then we found out that Government Business No. 9 suddenly springs out of nowhere. It sounded like they did not even want to debate Bill C-12, they just wanted to have something on the Order Paper, maybe because they knew it would not be ready in time.

What I am saying is the Liberals are in control of the agenda. One of the few things the government largely still has control of is the agenda on this place. Despite all their talk about us filibustering, they did not bring the bill forward. In fact, we did not even debate debating the bill, as in this motion, Government Business No. 9, until yesterday, a full week and a half after the bill was tabled.

I hope I have impressed upon members tonight that the government has slowly tabled a bill that many witnesses did not support, and then decided to let it languish on the Order Paper. When the Liberals finally realized they had to get the engines hopping, they jammed it through with only six hours of debate. Then they jammed it through again at committee. Now they are jamming it through today, so that even Liberal members do not get the ability to hold their own government to account, let alone all other members in this place.

I am deeply dissatisfied with the government. Canadians should see that the Liberals, by their own actions, have used a process whereby Canadians do not feel heard and their representatives do not feel needed. This is a minority Parliament. No political party was given an absolute majority in deciding the views of all Canadians.

This is where we are supposed to debate ideas and to force compromise. Instead, the Liberals and the NDP have linked up and said that they do not need to hear from anyone else. During a minority, that is a shame. Shame on the government House leader and the Minister of Environment for doing so.

On this side of the House, we will call out what we see. On this side of the House, we will fight for ideas that help our environment and help us meet our targets on climate change, not simply talk about them and talk a good game. After an election, a Conservative government will do what is right on the environment and do right by Canadians.

Budget Implementation Act, 2021, No. 1Government Orders

June 22nd, 2021 / 1:45 p.m.
See context

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Mr. Speaker, once again, I get to speak to you while you are in the Chair. To anyone who is tuning in right now, I wish all the best to the Speaker in the Chair right now. I know that the next chapter of your life will be very fulsome. It has been wonderful working with you. Hopefully, we will be able to work together again in September.

I will continue with some of my thanks. I know so many people are involved in making sure that this chamber can run. I am thinking of all the House staff, the interpreters about whom we have heard so much, making sure we are not popping in the mike, the technical support folks for the hybrid virtual Parliament who have been very busy, and the table staff, especially one of my favourites, André Gagnon. I have always said that he is going to be stuck in my living room forever, because one of my favourite photos is of him and me at my second swearing in. Thanks to all of the great people working in our House and making sure the democracy of Canada continues.

It truly has been a great pleasure serving in the 43rd Parliament, 2nd session, as the deputy House leader for the Conservative Party. There has been a lot of learning to do and a lot of procedural things, as well. All of us are working together to get that done.

I thank my colleague who spoke before me, because when we talk about results, that is something we really focus on. I would like to see results. When I first got here in 2015, we would talk about the government. We would talk about what we had done in government for nine and a half years, and some of the positive changes that we saw here in Canada. Some very good legislation was put forward. Every single time I was on a panel, I recall that the words used against me were, “Ms. Vecchio, that's rich.” Those were the words of our Liberal government members, all of the time: “That is rich,” any time we asked for something to be justified or asked for verification on things.

The government just does not want to answer. When we see an omnibus bill like this budget implementation bill, we should not be surprised. When we try to have debates, we should not be surprised when we do not get answers. I know that shortly we will be going into Question Period where that will continue.

In this Parliament specifically, we have seen things, such as the WE scandal, prorogation and Bill C-19 being done wrong. I want to focus on that. As of yesterday, Bill C-19 was reported back and tabled in the House of Commons. The fear that I have, and the fear that I think so many other Canadians should have, is that we are putting forward bills that have no witnesses coming to talk about these things. When we wanted to discuss Bill C-19, there was a motion to have important organizations representing everyone from seniors to people with disabilities look at this legislation and ask what it means. We were looking to speak to chief electoral officers who were on the ground and could talk about some of the things we needed to do.

What would a pandemic election look like in London North Centre or London West? I am looking at the member of Parliament for London West right now. What would it look like for London West? What would it look like for Elgin—Middlesex—London? I am seeing that special member look at me right now. I would like to thank her for all of the work that she has done. It has been great having a person beside me in London West who is part of the government and who has always ensured that when I give her a call, she knows what is happening in Elgin—Middlesex—London.

On behalf of all the constituents of Elgin—Middlesex—London, on behalf of my municipalities, I know I can call that member and say that we need an announcement, and the member for London West will ensure that announcement is made. If it is sitting on a minister's table, she is one person I know who can get it done. I really appreciate all of her hard work.

Moving on, when I am talking about some important things, I see that we are truly not doing what we should always be doing. We talk about due diligence. Last night, I got to listen to the member for Winnipeg North talk about the Conservatives and how awful they are. Although the word “corrupt” was not being used, he loved to use the word “obstruction.”

I will tell Canadians what obstruction looks like. Obstruction looks like 101 days in a filibuster when we are talking about prorogation of the government. That is what obstruction looks like. I love looking at the member, because he is laughing. I think it is because he knows exactly what I am getting at. He knows. He has been in politics for over 30 years. He knows how to wing this. He knows when we are playing these games, and we know that when the member for Winnipeg North is coming to a committee, the plan is to filibuster. When some of the greatest speakers who can speak 700 or 800 times in Parliament are brought in, we know the government is bringing in the big guns to filibuster. I would like to commend my colleague for Winnipeg North because that is exactly the type of work that they are able to do.

We have seen committee reports delayed. As the former chair of the status of women and as the former shadow minister of the status of women, I am really concerned that the defence committee could not table a report. Why it could not table a report, I think, has to do with the obstruction in committee. There has not just been obstruction in the Procedure and House Affairs committee. There has been obstruction in the committees for defence, ethics and any other committee in which the reports and information going forward are not to the liking of the government. That is just the type of thing that I have been seeing.

I do a lot of outreach as well in my riding. When reflecting on this budget, what do we see and what is important? I like to go out and speak to my constituents. We do a lot of householders. We do a lot of mailers and get a lot of information back. I would say that we probably got the most information back ever from replies to our last householder. We looked at that data. Do not worry. We were not using Liberalist. We actually looked at this data in our own office to see what my constituents were saying. I did not send it off to somebody to ask them to please look at it analytically and then let us know, while targeting my voters. I actually wanted to hear what they have to say. It is not just about how I am going to get their vote the next time. I want to be sure that I am serving them with a purpose.

However, 66% of our respondents believe there should be an increase in health care funding to the provinces. The government can talk about the funding put forward through this pandemic when it comes to health care. It did have to put some forward, but why? It was not prepared for a pandemic. It had taken some of the money and it had taken some of the programs. We know that the system to alert us of a coming pandemic and its impacts was not there. The information we should have been able to receive was not there because of some cuts and things they were doing while thinking that it was not important.

Sixty-six percent of our respondents believe there needs to be more money put into this health care system, but in this budget we do not see an increase in health care. We can see some things when it comes to pandemic spending, but as the former speaker talked about, we need to look at long-term plans as well. They cannot just be short-term. They cannot just be about how we get people voting for us today. It is about how we can provide good lives and better opportunities for them.

Coming from a farming community, one thing I always talk about is sowing the field. How do we prepare the field so that people can be the best crop possible? How do we encourage great growth? I look at all of these programs coming forward from the government and I am very concerned. What do we see for these people moving forward? I look at my son, who is 27 years old, and know that if he were to try to purchase a house in Elgin—Middlesex—London and put down the $20,000 he has been able to save, it would get him nothing. Why? It is because we have seen a 46% increase in housing prices in my area alone.

Those are some of the things that I think the government needs to tackle, along with the fact that we see inflation going higher and higher. That inflation is going to impact us greatly, especially if the interest rates go up.

I look at my own children who want to buy houses. The rates for getting a mortgage are awesome, but how can they buy houses when the prices start at almost half a million dollars? How are they ever going to get into the housing market and out of renting? I think that 55% of renters have been paying more in the last six months than they were before. How are people able to move forward and go up the housing ladder? How will they be able to go from being renters to being home owners and into those next homes for retirement? How will they be able to do that? I just do not see the path, unfortunately. I am very concerned with that.

We have 73% of respondents who were concerned about Bill C-10, which we voted on last night. At about 1:30 a.m. we saw that some amendments went through. We also saw the bill pass, unfortunately. I can tell colleagues that in my riding of Elgin—Middlesex—London this was an issue about which I heard from tons of my constituents. They said they did not want Bill C-10, and that they believed it needed to be amended. The amendments we put forward did not, unfortunately, go through.

Finally, 86% of respondents were concerned about the level of debt in this budget. These are the types of things I talk about.

Budget Implementation Act, 2021, No. 1Government Orders

June 22nd, 2021 / 12:45 p.m.
See context

Conservative

Chris Lewis Conservative Essex, ON

Mr. Speaker, it is an honour to rise in the House today to speak to Bill C-30.

I want to thank the member for Edmonton Centre for his incredibly compelling speech, and he did a fabulous job. As well, to follow up on his comments, all the best to you, Mr. Speaker, in the future.

As I was walking up to the House today, I was given to thought. I thought about my family, my staff, my friends and the people of Essex, and the impact that Bill C-30 would have on each and every one of them. Each of us will be affected by the bill. I want to give many thanks to my family, my staff and my constituents of Essex for the opportunity to be in this place to speak to Bill C-30.

Fifteen months ago, after the government's failure to heed the early warning signs of the pandemic ravaging Asia, Parliament was shut down for three weeks to flatten the curve. These many months later, the government's record is characterized by bad ethics, poor decision-making, undemocratic measures and huge deficits.

The government, propped up by the NDP, Bloc and Green Party, has repeatedly failed Canadians, from its early and repeated power grabs, its failure to shut down international flights in the early stages of the pandemic, its failure to secure PPE and its disastrous back-scene procurement and rollout. On top of that, we had the ill-conceived Canada student support program and the resulting WE scandal that led to the prorogation of Parliament to avoid scrutiny. For 15 months, we have seen the Liberals reward their Liberal buddies with contracts and now judicial appointments.

Only the Conservatives, as the official opposition, have stood against the Liberal excesses. The NDP has voted with the Liberals basically at every turn, even joining with them to shut down committees to help the Liberals avoid scrutiny. At a time when Canadians needed true leadership, ideology partisan interests have trumped principle.

Why am I mentioning this record in a speech on the budget? Because post-COVID, Canada needs an economic recovery plan and, yet again, the Liberal-NDP-Bloc-Green Party alliance has failed to offer anything but shiny baubles. The record speaks for itself. The NDP-Liberal budget is a massive letdown for workers in my riding of Essex. This is not a growth budget, and it fails to put forward a plan to encourage Canada's long-term prosperity.

I have three children just entering adulthood, and my first grandchild was born just a few weeks ago. I think of families in my riding, generations that have made their home in Essex County, and I wonder if my children and their children will be able to have the things that previous generations took for granted: a well-paying job, affordable housing and saving for their children's education. I am receiving hundreds of emails from constituents who remember the Canada of my youth. They tell me that they have no heart to celebrate Canada this year. They see the writing on the wall.

Rampant corruption, unchecked, has tarnished our hallowed halls. Bill C-10 threatens our Charter of Rights, and deficit spending and high debt always leads to tax increases and program cuts down the road. It is an open question if we will be able to protect our social safety net and our senior's pensions, who should be able to enjoy their retirement worry-free.

As the government continues to print money against Canada's GDP, as Conservatives predicted, inflation has risen to 3.6%. The cost of housing has soared and, as I said previously, putting it out of reach for many young families. As the cost of living rises, so does the cost for basics, like food, which hurts the lowest-income Canadians and seniors on fixed incomes the most. The government spending today borrows against our children's future. It is not a cliché; it is a simple reality that everyone who has a personal or household budget to manage understands.

The Parliamentary Budget Officer has noted that a significant amount of the Liberal spending in the budget will not stimulate jobs or create economic growth. The Conservatives support getting help to those who have been hit the hardest by the failure of the Liberals to create jobs. In fact, the Liberal government has spent more and delivered less than any other G7 country. Canada's Conservatives were very clear that we wanted to see a plan to return to normal, that would safely reopen the economy and get Canadians back to work.

It is very clear that the Liberal-NDP budget was more about partisan politics than creating jobs or growing our economy. With their uncontrolled spending, the Liberals made it clear that they had no plan to return to a balanced budget. Throughout the pandemic, the Conservatives have made emergency support programs better for Canadians.

Alas, unemployed Canadians are hoping to see a plan to create new jobs and economic opportunities for their families. Workers who have had their wages cut and hours slashed are hoping to see a plan to reopen the economy. They were let down.

Layoffs at the Fiat Chrysler plant in Windsor mean that expectant mothers will see their maternity benefits cut, with all the money going out the door in income support. What has the government done for them?

Small business owners have been devastated by repeat lockdowns. Many have closed their doors permanently. Many are hanging on by the slimmest of margins.

Gyms like Xanadu in my riding have petitioned the government for ongoing aid. I have stood in the House for them. It will take months for them to recover, if they do at all.

Many hair salons and barbershops, many of them owned and operated by women supporting their families, do not qualify for business support.

Travel advisers went 15 months without any revenue. What does this budget do for them? Absolutely nothing.

Manufacturers in my riding whose entire business model is based on cross-border transactions have experienced losses of major contracts because the government did not see fit to deem them essential despite repeated appeals to their government. It is a tone-deaf government that cannot not grasp the concept that we cannot export goods without the free movement of the people who make and sell them. The effects of this will be felt for years. It will take many years for manufacturers to get back to where they were.

While they brag about the numbers, the Liberals fail to understand that the stuff manufacturers are working on now was negotiated two years ago, before the pandemic. Manufacturing is 13% of Canada's GDP. This sector is the largest contributor of taxable income. In Essex and Windsor, 54,000 jobs are represented in this industry. Eighty-five per cent of those goods produced go to the United States of America.

Manufacturers have done a good job. They were mandated to keep open and they did everything required, yet the government did not see fit to recognize their good work. When I first raised this issue with the minister in the House, and other government officials appearing before the special committee on Canada-U.S. economic relations, the government's response revealed its total ignorance and outright indifference.

Finally, I would be remiss if I did not mention the loved ones who have been separated by the Canada-U.S. border closure. Even when changes were made to broaden the definitions, many were left out or could not afford to quarantine for 14 days. To make matters worse, the government then added quarantine hotels and exorbitant costs with unsafe substandard care. The human toll has been deep. Here are but a couple of examples: grandparents unable to meet their grandchildren for the first time; parents looking to be with their son, graduating after 10 years.

The simple fact is that this budget does nothing to secure the long-term prosperity for Canadians. It does nothing to help my excellent riding of Essex. Canada's Conservatives got us out of the last recession. Canadians who are worried about their future know that we can and will do it again.

Budget Implementation Act, 2021, No. 1Government Orders

June 22nd, 2021 / 10:40 a.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and Minister of Intergovernmental Affairs and to the Leader of the Government in the House of Commons

Madam Speaker, what a pleasure it is to address the House on such an important piece of legislation. To be very clear, in budget 2021 the government has outlined a plan to allow us to finish the fight against COVID-19, heal the wounds left by the COVID-19 recession as much as we can, and ultimately create more jobs and prosperity for Canadians in the days and decades to come.

This is critically important legislation, and we would encourage all members of all political stripes to support it. Within it is a continuation of the government's focus on the pandemic. In the last federal election, Canadians wanted Parliament to work well together. They wanted us to come together to do the things that were necessary to facilitate a more positive environment for all Canadians, and being thrown into a pandemic made the priority fighting COVID-19: the coronavirus.

From the very beginning, our Prime Minister and this government have made it very clear that fighting the pandemic was our number one priority. We put into place a team Canada approach and brought together all kinds of stakeholders including different levels of government, indigenous leaders, individuals, non-profit organizations and private companies. We brought them all in to hopefully minimize the negative impact of the coronavirus.

It is because of those consultations and working with Canadians that Canada is in an excellent position today to maximize a recovery. The statistics will clearly demonstrate that. We have a government that has worked day in and day out, seven days a week, and is led by a Prime Minister who is truly committed to making Canada a better community.

I have, over the last number of months, witnessed a great deal of frustration from the opposition, in particular the Conservative opposition. The Conservatives continuously attempt to frustrate the process on the floor of the House of Commons. There was a time when all parties inside the chamber worked together to pass necessary legislation, and worked together to come up with ideas and ways to modify things so we could better support individuals and businesses in Canada. However, that time has long passed. The degree to which we see political partisanship on the floor of the House of Commons today is really quite sad.

Yesterday was embarrassing. I know many, if not all, of my colleagues found it embarrassing and humiliating to see one of Canada's most noble civil servants at the bar on the floor of the House of Commons. The New Democrats and the Bloc joined with the Conservatives to humiliate a civil servant who should be applauded for his efforts over the last 12 months. He was publicly humiliated by being addressed in the manner he was, on the floor of the House of Commons, and it was distasteful. I say shame to the NDP, the Bloc and the Conservatives.

There were alternatives. If they did not want to take shots at the civil service, they could have dealt with it in other ways. For example, the Minister of Health provided the unredacted information to the National Security and Intelligence Committee of Parliamentarians, which was made up of parliamentarians from all political parties. Instead of passing the motion they did, they could have passed a motion for that committee to table the documents they wanted from the civil service. After all, the civil service provided the unredacted copies to that committee, not to mention that documents that had been redacted for national interest and security reasons were sent to another standing committee.

The political partisanship we are seeing today is making the chamber, for all intents and purposes, dysfunctional. We have seen the official opposition, less than a week ago, come to the floor of the House of Commons and within an hour of debate attempt to shut down Parliament for the day. It actually moved a motion to adjourn the House. The opposition is oozing with hypocrisy. On the one hand, it criticizes the government for not allowing enough time for debate, and on the other hand it tries to shut down the chamber in order to prevent debate.

If we were to look up the definitions of the words “hypocrisy” and “irony” in Webster's, which I have not, I wonder if they would describe what we are seeing from the opposition party, which moves concurrence debate, not once or twice but on many occasions, so that the government is not able to move forward on legislation, including Bill C-30, which we are debating today. That legislation is there to support Canadians from coast to coast to coast. Members of the Liberal caucus have fought day in and day out to ensure those voices are heard, brought to Ottawa and ultimately formulating policy that will take Canada to the next level. However, we have an official opposition that I would suggest has gone too far with respect to its resistance and destructive force on the floor of the House of Commons.

I have stated before that I have been a parliamentarian for approximately 30 years, the vast majority of which were in opposition. I am very much aware of how important it is that we protect the interests of opposition members and their rights. I am very much aware of the tactics opposition parties will use, but at a time when Canadians need us to work together, we have an official opposition that is acting as an obstructive force. When we talk about how Bill C-30 will be there to support small businesses and put money in the pockets of Canadians so they have the disposable income necessary to pay the bills that are absolutely essential, the Conservative Party continues to play that destructive role. It continues to focus on character assassination and on ways to make something out of something that is often not real. The Conservatives are more concerned about political partisanship than getting down to work, which was clearly demonstrated last Thursday. They are more concerned about character assassination, as we saw the official opposition, with the unholy opposition alliance, take personal shots at a national hero, someone we all know as the Minister of National Defence. This is unacceptable behaviour we are witnessing.

We have critically important legislation before the House. We can think about the types of things Bill C-30 would do for Canadians. If we want to prevent bankruptcies from taking place, we need to support this legislation, as it supports small businesses through the extension of the wage subsidy program, a program that has helped millions of Canadians, supporting tens of thousands of businesses from coast to coast to coast.

This is the type of legislation that we are actually debating today. It is not the only progressive, good, solid legislation that we have brought forward. Yesterday, through a closure motion, we were able to push through Bill C-10. We can imagine that legislation not being updated for 30 years. It is a major overhaul. We can think about what the Internet looked like 30 years ago, compared to today.

The Liberal government understands, especially during this pandemic, and we see it in the budget, the importance of our arts community, whether it was with Bill C-10 yesterday, where the government had to push hard to get it through, or the budget implementation bill today, where we are again having to use time allocation. It is not because we want to, but because we have to.

If we do not take measures of this nature, the legislation would not pass. The opposition parties, combined, often demonstrate that if the government is not prepared to take the actions it is taking, we would not get legislation through this House. The opposition parties want to focus on electioneering. We have been very clear, as the Prime Minister has stated, that our priority is the pandemic and taking the actions necessary in order to serve Canadians on the issue. It is the opposition parties that continuously talk about elections.

In my many years as a parliamentarian, in the month of June we have often seen legislation passing. It happens. It is a part of governance. One would expect to see a higher sense of co-operation from opposition parties, in particular from the official opposition party, not the obstruction that members have witnessed, not the humiliation that we have seen on the floor of the House of Commons at times.

Liberal members of the House are prepared to continue to work toward serving Canadians by passing the legislation that is necessary before the summer break. We still have time to address other pieces of legislation. Minutes prior to going into this debate, I was on a conference call in regard to Bill C-19. Again, it is an important piece of legislation. I challenge my colleagues on the opposition benches to come forward and say that we should get that legislation passed so that it could go to the Senate.

I mentioned important progressive pieces of legislation, and the one that comes to my mind, first and foremost, is this legislation, Bill C-30. Next to that, we talk a lot about Bill C-6, on conversion therapy. We talk a lot about Bill C-10, dealing with the modernization of broadcasting and the Internet, and going after some of these large Internet companies.

We talk about Bill C-12 and net zero, about our environment. We can check with Canadians and see what they have to say about our environment and look at the actions taken by opposition parties in preventing the types of progressive legislation we are attempting to move forward with.

We understand that not all legislation is going to be passed. We are not saying the opposition has to pass everything. We realize that in a normal situation not all government legislation is going to pass in the time frame we have set forth, given the very nature of the pandemic, but it is not unrealistic for any government, minority or majority, to anticipate that there would be a higher sense of co-operation in dealing with the passing of specific pieces of legislation. Bill C-30 is definitely one of those pieces of legislation.

Unfortunately, some opposition members will have the tenacity to say they are being limited and are unable to speak to and address this particular important piece of legislation. Chances are we are going to hear them say that. To those members, I would suggest they look at the behaviour of the Conservative official opposition and remind them of the Conservative opposition's attempts to delay, whether it is through adjourning debates, calling for votes on those kinds of proceedings, concurrence motions or using questions of privilege and points of order as a way to filibuster, which all happen to be during government business.

Bill C-3 was a bill that initially came forward a number of years ago from Rona Ambrose, the then leader of the Conservative Party, about judges. We can look at the amount of debate that occurred on that piece of legislation. It is legislation that could have and should have passed the House with minimal debate. It was hours and hours, days, of debate. Even though the Conservatives supported the legislation, even back then they did not want to have the government passing legislation.

Their purpose is to frustrate the government, prevent the government from being able to pass legislation, and then criticize us for not being able to pass legislation. What hypocrisy this is. Sadly, over the last week or so, we have seen the other opposition parties buy into what the Conservative opposition is doing, which has made it even more difficult.

As much as the unholy alliance of opposition parties continues to do these things and frustrate the floor of the House, I can assure Canadians that, whether it is this Prime Minister or my fellow members of Parliament within the caucus, we will continue day in, day out to focus our attention on the pandemic and minimizing its negative impacts.

We are seeing results. Over 32 million vaccine doses have been administered to Canadians. We are number one in first doses in the world. We have close to 35 million doses already in Canada, and we will have 50 million before the end of the month. Canada is positioning itself well, even with the frustration coming from opposition parties. We will continue to remain focused on serving Canadians, and Bill C-30 is an excellent example of the way in which we are going to ensure that Canadians get out of this in a better position. We are building back better for all Canadians.

Government Business No. 10—Broadcasting Act

June 22nd, 2021 / 12:45 a.m.
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Green

Paul Manly Green Nanaimo—Ladysmith, BC

Mr. Speaker, it is an honour and privilege to rise again tonight to speak to Bill C-10. It is always an honour to speak from the unceded traditional territory of the Snuneymuxw First Nation, and to serve the community of Nanaimo—Ladysmith within the traditional territory of the Snaw-naw-as, Snuneymuxw, Stz'uminus and Lyackson First Nations. Hych'ka Siem. It is National Aboriginal Peoples Day today, a day to celebrate the rich cultural heritage, the languages, the governance structure and the traditions of the indigenous people of Canada.

I spoke to many organizations about this bill. As an independent party called the Greens, we do not have the same ability to question witnesses in committee, so I held my own meetings and asked my own questions. One of the meetings I had was with APTN and indigenous producers. I want to talk tonight about the importance of indigenous voices in our broadcasting system. If we left this content up to the United States, our views of indigenous people would continue to be the Disneyfied view seen in Pocahontas and spaghetti westerns. It is really important that indigenous voices are heard.

In the early 1990s, my father found a letter written by a woman in 1898 named Elizabeth Shaw. She wrote a scathing 18-page letter about the residential school system and the abuses that were happening at the Port Simpson school. We made a documentary film about her and a number of indigenous people were involved with it.

Afterward, indigenous people told me about some of the other experiences they had and they wanted to make films as well. I said that it was not really for me to tell their story. That is what they should be doing and I helped facilitate it. I worked with a lot of indigenous producers, young people and older people. These people were interested in getting into media production, and I facilitated training and mentorship so they could tell their stories.

What came out of that? I worked with a young guy, Don Claxton. I worked with his sister Dana Claxton as well, who is an indigenous artist, and played music with their sister, Kim Soo Goodtrack. They had an idea for a show. That was in the late 1990s and, lo and behold, APTN, the Aboriginal Peoples Television Network, was born. We produced a pilot for the first preschool show on APTN. I worked with them, a whole bunch of first nations and an indigenous technical crew, who we trained, to create 64 episodes of a show called Wakanheja.

The idea behind CanCon is to hear these important indigenous voices. We need to make sure that the independent producers creating Canadian content have access to the Canada Media Fund when they are producing for social media streamers like Netflix and others, rather than just for the Canadian broadcasters, because that is where a lot of this production is going.

I heard a lot of discussion about freedom of expression and that some YouTubers have to go down because Canadian content goes up, that somebody has to go down because somebody is going up. I do not know how many times I heard that at committee during filibusters. A Conservative member gave a great example of somebody they know who does coupon clipping and gives how-tos, and that is great. I looked at the top 100 Canadian YouTube producers and there were people doing nails, gaming commentators and spoof videos. There was lots of content that could be produced anywhere. People knew it was Canadian because they would drop an “eh”, say “get 'er done” or say “about” wrong, but that is not what the idea behind CanCon is all about.

This commercial content drives advertising dollars, and that is what the commercial Internet giants are all about: selling advertising. That is what the algorithms are designed to do. What is important in CanCon is indigenous voices, stories from Canada's north, Canadian documentaries, stories of new Canadians and emerging Canadian musicians. These are the programs that need to be discoverable, and that is what discoverability is about. It is about learning about each other and about Canadian stories, not being inundated by American culture or the dominant culture.

I missed my late show tonight. I want to talk about a Canadian story that needs to be shared and understood. In recent decades, Canadians have learned more and more about our former government's attempt to commit cultural genocide, to commit genocide, to wipe out indigenous cultures through the residential school system. The Truth and Reconciliation Commission has reported extensively and provided a path forward with 94 calls to action.

What most Canadians are unaware of is a parallel set of institutions, the racially segregated Indian hospital system operated by the federal government between the 1940s and 1970s, and those hospitals have their own horror stories. I first heard about the Nanaimo Indian Hospital about 15 years ago, and many people in my community have no idea it ever existed.

In 2013, I was commissioned to produce a film for the Hul'qumi'num Health Hub about cultural safety in the health care system within the Hul'qumi'num speaking areas. Part of that film was to give health professionals an understanding of the history of institutional racism in health care and why indigenous people did not seek help when they needed medical attention.

I interviewed elders who spoke about the trauma they experienced in the Nanaimo Indian Hospital. I heard about painful treatments and I heard about people going into the hospital who were never heard from again. As part of the research for the film, I spoke with researcher Laurie Meijer Drees, who is the co-chair of the First Nations Studies Department at Vancouver Island University. She has documented the oral stories of people who have been in these hospitals, and wrote a book entitled Healing Histories: Stories from Canada's Indian Hospitals.

Of course, not all these stories were bad. Some people went to the hospital sick, were given antibiotics and returned home feeling better, but the horrific legacy of the Indian hospitals was based on treating all indigenous people as wards of the state. Consent for medical treatment only came into being for the general public in the 1960s. However, as wards of the state, indigenous people were not asked to consent for their hospitalization or treatment. The system patronizingly viewed them as lacking the capacity to give consent.

An indigenous person could be arrested by the RCMP for not going to the hospital if instructed to do so by a doctor. That twisted, racist mentality facilitated and led to women being sterilized without giving consent and patients being subject to experiments with medication without their prior knowledge.

These hospitals were underfunded and understaffed. Family members and communities were not updated on loved ones in the hospital. People died, children were shipped off to residential school or adopted out and family members were never informed. Some children were taken to hospital and years later no longer knew who they were, what their real names were or where they came from.

Most of what is known about this dark history comes from oral accounts told to researchers and shared through the Truth and Reconciliation Commission, but the medical files are locked and researchers have not been granted permission to access them. Apparently the reason given is that those records contain personal information. It is important to protect personal information, however, we do not need to expose personal information to get to the bottom of what happened.

To heal from those past traumas, we need to know the truth. The truth is sealed in those medical records, and it is incumbent upon the government to give researchers and independent adjudicators appropriate clearance, access and analysis of this data to conduct a full independent inquiry. I am looking forward to a first nations producer, an indigenous producer, creating a documentary about this and having members of this place finding this through discoverability on YouTube. These are stories we need to hear. These are the truths we need to hear. We also need to hear about the rich cultural heritage of indigenous people.

Let us talk about censorship. We are worried about censorship. The real concern about censorship is these large corporations. On May 5, red dress day, the National Day of Awareness for Missing and Murdered Indigenous Women and Girls, family, friends and loved ones were posting about their missing loved ones. Thousands of those posts disappeared.

Right here in my community, I know Lisa Marie Young went missing years ago. What happened to all these posts? They were all pulled by Instagram. This is happening with other things like Black Lives Matter, Israel and Palestine, Sheikh Jarrah and SOS Colombia. I heard one of the Conservatives say that their posts were missing, right-wing posts, but this is clearly not Conservative posts.

Freedom of speech is important to me and we need to uphold it, and this bill would do that.

Government Business No. 10—Broadcasting Act

June 22nd, 2021 / 12:40 a.m.
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NDP

Heather McPherson NDP Edmonton Strathcona, AB

Mr. Speaker, I have watched my colleague in meetings with stakeholders. I have watched him in the House. I have watched him in the media, and he really is a friend who is fighting hard for the cultural sector in Canada. The work that he has done to stand up for our artists and our writers and folks who are in the creative sector is outstanding. While I am disappointed by the Conservatives' attempts to derail this legislation, I am not surprised. We know that they have never been friends of the cultural sector. That has been very clear all the way along. I am surprised by how badly the Liberals have managed this.

Could the member speak a little more about what he would have done to make sure this legislation was treated with the urgency and the importance that I know he thinks Bill C-10 has?

Government Business No. 10—Broadcasting Act

June 22nd, 2021 / 12:30 a.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I am pleased to take part in the debate this evening on such an important issue.

I just complimented my colleague from Drummond, and I also have some kind words for my colleague from Edmonton Strathcona. She did a masterful job on Bill C‑10 at the Standing Committee on Canadian Heritage. Her assistant, Laveza Khan, also worked very hard on it, and my assistant Samuel Fortin-Pouliot worked very hard too. I commend everyone. They truly put in the work, as they say.

I agree that we absolutely needed to amend the Broadcasting Act. It has been 30 years since that act was passed. It had become completely archaic and obsolete, and it still is. It does not fit with today's reality and the current context with the new digital broadcasters. I think we need to keep that in mind when we debate this bill.

That is why the NDP has always worked and remained in touch with various actors and stakeholders in Quebec's cultural sector, in particular the Coalition for the Diversity of Cultural Expressions and also ACTRA, Unifor and Music Canada. They have always counted on us. We worked with them to try to improve this very important bill.

Since the Yale report was released a few years ago, we have come to understand how necessary it is to update the Broadcasting Act and bring it into the 21st century. As progressives and New Democrats, we agreed with the broad strokes of the Yale report. It is so important, because it is a matter of cultural sovereignty. What we need to do is ensure that major new digital broadcasters participate, invest and contribute to the production of original Canadian and Quebec content. That is not what is happening.

It is vital to understand the ecosystem that we have been dealing with and continue to deal with, in the hope that it can change, and why the principle of this bill is so important in the first place. We have a system based on conventional broadcasters and cable companies that contribute to a fund to ensure we can invest in telling our stories on television, in film and other media.

However, big players, new players who are no longer quite so new today, had not contributed at all. It is great to be able to bring them to the table and force them to contribute to the growth and development of Quebec, Canadian and indigenous culture in general, just like conventional broadcasters.

Unfortunately, the bill that was presented to us was botched from the beginning. The NDP was prepared to collaborate. We have always been prepared to collaborate, to make amendments and improvements, to resolve the problems with the bill so that it best meets the needs of the cultural industry and our artists, artisans and technicians. We also want to make sure it best meets the needs of the public, because we need cultural content that brings us together and that we have some control over so that we can tell our stories, which our fellow citizens in Quebec and Canada love to hear. Think of all of the big television, movie and music success stories that we know of.

Unfortunately, we had to deal with very bad communication from the Minister of Canadian Heritage, who on numerous occasions could not for the life of him explain his own bill.

He was attacked under various pretexts by the Conservative Party and was unable to reassure the public and to continue in a constructive and positive direction for this bill.

Obviously, there has been a lot of talk about freedom of expression. It is an important issue, and we are not going to sweep it under the rug and say we do not care about it. As members of the NDP, as New Democrats and progressives, if there were a bill on the table that called into question the freedom of expression of people, of Canadians, we would obviously be very concerned.

The NDP has a strong track record when it comes to protecting freedom of expression and the rights of Canadians. This is not something we take lightly. We did our work in committee, as well as in the media, in the public sphere and in the House, to raise these issues and to take the time needed to get legal opinions, to hear from experts and to get the notices of compliance with the Canadian Charter of Rights and Freedoms from the Department of Justice. Those notices actually came twice, before and after the removal of clause 4.1.

We have always been in favour of the principle of the bill. We hope it will pass because our cultural sector will benefit when Internet giants contribute to and help fund the production of original works that tell Canadian and Quebec stories.

We did our work. We were open to arguments because we wanted to be absolutely sure we were protecting freedom of expression. That is what we did, and the NDP is committed to supporting the cultural sector and our artists, artisans and technicians. At the same time, we wanted to be absolutely sure everything was charter compliant and would in no way interfere with individuals' right to keep expressing their opinions and posting whatever videos they wanted on social media. Doing that work was very important, and we did it in a reasonable and responsible way. Unfortunately, there were some closure motions that prevented debate in some cases and violated our rights as parliamentarians.

The way the Liberals have been managing this bill strikes me as rather strange. They imposed closure on a committee, which has only ever happened three times. Despite this gag order, they had to resort to a supermotion. The Liberal government treated this bill as if we had neglected it and taken it lightly, while it was too important for equity in our Canadian programming ecosystem and for the defence of programming and content in French, as well as in indigenous languages.

We want our television, film and musical artists to have the chance to pursue their activities and be properly paid for the work they do, especially musicians on YouTube, and we want them to continue to tell our stories. It is a question of jobs and a very important economic sector. The cultural sector accounts for tens of thousands of jobs across the country.

What is more, culture is what defines us. It says who we are, what our vision of society is, how we approach the issues, social discussions and debates. It also gives us a chance to change our perspective and world view, and a chance to change the world.

I find it sad that on June 21, we still have to talk about this. The Liberals should have managed their agenda better.

However, I think that this bill does ultimately achieve the objectives that matter to our cultural sector, our artists and our artisans. The NDP will always be there to defend them.

Government Business No. 10—Broadcasting Act

June 22nd, 2021 / 12:25 a.m.
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Liberal

Tim Louis Liberal Kitchener—Conestoga, ON

Mr. Speaker, I am learning to speak French. It is important to me.

I know just how important Quebec culture is to Canada. How will Bill C‑10 support artists and culture in Quebec and Canada?

Government Business No. 10—Broadcasting Act

June 22nd, 2021 / 12:15 a.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, we have finally reached the end of this bill on which many people have worked very hard in the past few months. I commend the members of the Standing Committee on Canadian Heritage who have been working hard since Bill C‑10 was introduced.

As we have said many times, this bill was not perfect when it was introduced. I used a metaphor, comparing this bill to a brand new paint by numbers. We had a lot of work to do.

The way it works is that we all vote in favour of a bill and agree to send it to committee. The House of Commons speaks and democracy does its job. At that point, it is our responsibility to work on improving the bills that are introduced and that must be studied in committee, and we made the decision to work on this bill, even though the task was, quite frankly, monumental.

We decided to do this work even if the task was altogether daunting. We committed to do it and we did. It was going relatively well until the withdrawal of clause 4.1 gave the Conservatives the opportunity they had been waiting for. It was the perfect opportunity to speak out against a possible attack on freedom of expression.

The support of various experts who already did not have a very high opinion of this bill, which obviously had an impact on web giants, was all it took for the Conservatives to come down on Bill C‑10 like a ton of bricks by pointing out all of the problems with the bill and demonizing it as much as possible.

I am rather pleased that we are in the final stages of this bill, particularly because we have pretty much covered all of the arguments and the list of witnesses and experts on which the Conservatives based their fearmongering.

My colleagues have said this repeatedly, and I will reiterate that the Broadcasting Act and Bill C‑10 contain several provisions that specifically exempt social media users, regular people like us and the people we care about, from the Broadcasting Act regulations.

The provisions in Bill C‑10 apply only to broadcasting undertakings. However, if entities that use social media sites like YouTube also engage in broadcasting, we have to regulate those broadcasting activities.

That excludes the activities of users who share content and little videos with each other or who have somewhat more organized channels that might even earn them an income. This does not apply to those people, as specifically stated in Bill C‑10.

The campaign of fear has run its course. It has slowed the progress of this extremely important bill since April, with what is commonly known as organized filibustering. Who will pay for that? The artists, creators, culture and the cultural community in Quebec, but also in Canada. The only ones to profit from it are the Conservatives, who oppose the bill, despite the fact that the other parties of the House are working hard to improve it and move it forward. I remind members that this bill was imperfect, but certainly not as bad as what the Conservatives have been saying for weeks and weeks.

There is another principle that I would like to revisit. I am reminded of the mother who watches a military parade go by and notices that one soldier is walking in the opposite direction, against the parade. Upon realizing that the soldier in question is her son, she wonders why everyone else is marching in the wrong direction. That is kind of what this reminds me of.

Sooner or later, when someone realizes that they are the only one who thinks something and nobody else thinks what they think, they might consider a little open-mindedness. They might accept that they have expressed their point of view, that others disagree, that we are all working in a democratic system and that the majority is supposed to rule. They can tell themselves that they fought hard and that, even though they tried hard to defend their point of view, they now have to be a good sport and stop trying to sabotage things.

That is not what happened, however. This attitude prevailed to the very end. We saw the filibustering, at times very disgraceful, and we have reached a point where Bill C‑10 may be in jeopardy. We will have to keep our fingers crossed. I intend to stay hopeful until the end, but I think this could have gone better. We could have done much more and been more noble in what we needed to accomplish. Again, it is our artists and culture that are at stake.

The web giants are earning billions of dollars on the backs of our creators. It is only fair to subject them to the same rules as broadcasters operating in Canada and Quebec.

How many times have the Bloc Québécois been criticized for throwing up their hands and supporting closure with the Liberals? It is awful. I must say that we had to swallow our pride since we are against the use of closure motions. Nonetheless, it is a parliamentary tool that exists. It is not perfect and it is certainly not noble, but neither is systematic filibustering.

Sometimes, the only way to respond to a questionable tactic is to employ another tactic that may also be considered questionable. It definitely is frustrating to come up against a gag order. We have been there as well. However, a bill for artists, for culture and for the industry deserves the right tools. If someone is standing in the way, we will use the procedural moves at our disposal.

The Conservatives will probably take the heat for a long time for scuttling the bill, if it were to fail. Quebec's motto, on all of its licence plates, is “Je me souviens”, or “I remember”. Quebec artists and those who have a lot of influence in the cultural sector will remember.

Culture does not cost anything. In an interview with a local paper in her riding, the member for Lethbridge said that Quebec artists were outdated, that they were stuck in the 1990s and that they were reliant on grants because they produce things people do not want. That is not true. Canada's cultural industry generates billions of dollars in economic spinoffs every year. The industry costs nothing; it brings in money. The industry is valuable, and not just in terms of money. We are talking about our identity here.

I will end my speech on a positive note. Just now, we voted for something positive.

Bill C‑10 was not perfect, and the Bloc Québécois believed that it was important not to wait another 30 years to amend the Broadcasting Act.

This evening, we voted to include a sunset clause in the bill, which ensures that the act must be reviewed every five years. We live in a world that is evolving at an incredible pace. Where will technology be in five years? We have no idea.

It is very important to set a limit and to give ourselves shorter deadlines for a mandatory review of the Broadcasting Act. It should be reviewed more frequently than every 30 years. In my opinion, it is one of the best ideas that we have had. We will have the opportunity to review the bill every five years and to correct whatever flaws may remain in the legislation, if it is passed.

Government Business No. 10—Broadcasting Act

June 22nd, 2021 / 12:10 a.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, I listened to my colleague's speech, and I must say that it was shockingly chock full of fearmongering. I have seldom heard anything like that. On top of that, these words are from a former journalist. He himself said that he had been a journalist for 30 years.

I remind my colleagues that facts are important in journalism. They have clearly chosen party lines over the facts in this debate.

My colleague mentioned a few times that he was interested in Bill C‑10 and that he was fairly familiar with it. My colleague from Edmonton Strathcona said that there are numerous places in Bill C‑10 and in the act where freedom of expression is explicitly protected.

Could my colleague explain exactly which clauses in Bill C‑10 could potentially undermine freedom of expression? What are the specific sections he is referring to?

Government Business No. 10—Broadcasting Act

June 22nd, 2021 / 12:10 a.m.
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NDP

Heather McPherson NDP Edmonton Strathcona, AB

Mr. Speaker, I did notice the member spoke almost not at all about the bill, which is interesting because that is why we are here. Since I am sure he has read the bill and has read the act, he knows there are numerous places in both the act and the bill where freedom of expression is explicitly protected.

While the Liberals may not be trustworthy, members will recall that the Bloc, the Green Party and the NDP also support this legislation. New Democrats have always stood up for freedom of expression. They have a long history of that, and they have always stood up for net neutrality. The only party that is against this legislation is the Conservative Party.

I have heard from one Conservative MP that he has raised over $3,000 by fearmongering abound Bill C-10 in his riding. Would the member share how much money he has raised in his riding by fearmongering on Bill C-10?

Government Business No. 10—Broadcasting Act

June 22nd, 2021 / midnight
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Conservative

Kerry Diotte Conservative Edmonton Griesbach, AB

Mr. Speaker, Toronto's CN Tower is a Canadian landmark that is known worldwide. When it was completed in 1976, it was the highest free-standing structure in the world. It is 553 metres tall, or about 1,800 old-fashioned feet high. That is the length of five and a half football fields. It has actually been named a wonder of the modern world, right up there with the Golden Gate Bridge and the Empire State Building. The CN Tower gets a lot of attention, and tons of people visit it: two million a year.

Some of those visitors got more than they bargained for on July 16, 2001. On that day, two radical activists decided to do a dangerous illegal stunt. The two men scaled the outside of the tower and unfurled a banner. That banner bashed the Liberal government and the U.S. government for allegedly being killers of the planet. Not doing enough to fight climate change was the charge. The men had to be rescued by firefighters, and they were later charged and convicted for their dangerous stunt. The court heard that the whole ordeal cost CN $50,000, but the two men only had to pay $3,000 in fines in total. I guess the punishment did not quite fit the crime.

Who were those two men who created such havoc and made headlines worldwide? They were both Greenpeace activists. One was a British guy, Chris Holden. The other fella has really climbed to new heights. He is now a Liberal cabinet minister, the heritage minister. Two decades after his last dangerous stunt, this radical guy is pulling another one. In some ways, it is even more dangerous than his first stunt. He wants to censor our online free speech.

By now many Canadians have heard of Bill C-10. It is actually interesting that hundreds of bills are discussed in the House and most people do not pay attention. If we mentioned a random bill, the average Canadian likely would not know what it is about and probably would not care. We realize that a bill is controversial when regular folks know about it and know it by name and number. I did a virtual meeting with students from a grade 6 class a couple of weeks back and they knew about Bill C-10. They were very concerned about it. They should be.

I have a special interest myself in Bill C-10. I worked as a journalist for three decades in radio, TV, newspapers and news magazines, so free speech is in my DNA. For many years I was an opinion columnist for the Toronto Sun chain. Opinion columnists at Sun Media were the lifeblood of that organization. Every survey we did showed that many people bought the newspapers, and sometimes just to read one of the regular columnists.

I am not going to bore anybody by dissecting the intricate legalese of Bill C-10. Lots of lawyers and legal experts have argued the finer points in detail. I know the government will tout this bill as being all about supporting Canadian content. It has already done that. It claims it is not out to stop free speech in any real way, but I do not believe it. Most Canadians do not either. It is no wonder that we do not believe it. The government has earned a reputation, and it is not a good reputation. It cannot be trusted. I do not trust it and Canadians do not trust it.

The Prime Minister and his Liberals have a long string of botched files, ethics violations, broken promises and cover-ups. They failed to quickly close our borders when COVID hit. Then they failed on quickly getting Canadians vaccines. They tried to do a deal with the communist Chinese regime to get vaccines. Of course that failed miserably.

The Liberals have failed on many, many fronts: the SNC-Lavalin affair, the WE scandal, cash for access, cancelled energy projects, disgraced cabinet ministers and MPs, blackface, the trip to the Aga Khan's private island, no serious plan to open our international border and cover-ups galore. Ler us consider a recent one. It is about the Winnipeg National Microbiology Lab and a refusal to provide vital documents to a key parliamentary committee. Look for that to be in the headlines for a long time.

Is it any wonder that Canadians do not trust the Liberals? Is it any wonder they cannot be trusted with something so sacred as free speech? Is it any wonder that people do not trust the minister proposing Bill C-10, a guy with a radical past, a guy who got hauled off in handcuffs and was convicted by a court of law?

We have already seen censorship raise its ugly head on the Internet. It is already happening at an alarming rate. I bet every Canadian with a computer knows someone who has had a social media post flagged or deleted by big tech. It could have been for something as simple as a personal opinion about COVID rules. I bet many of us know people whose social media accounts have been suspended or even shut down by big tech. It is ridiculous that some self-appointed 20-something is a judge at a big tech firm like Twitter, Facebook or YouTube.

It also seems like conservative voices are the ones often targeted by these censors. It is strange how that works. Can members imagine what kind of censorship will happen if the Liberal government controls our online speech? I shudder to think of it.

Some people might say that since I am a member of the official opposition, of course I will slam any Liberal bill. Well, it is not just the official opposition. There are a lot of people against this Big Brother bill. Every constituent I talk to wants me to fight against the bill. I cannot recall one person coming to me to say, “Hey, Kerry, you have to support Bill C-10.” In fact, I have heard so much opposition to the bill that I decided to start an online petition against it. I was inundated with people signing it. I told them that I would send a letter of protest directly to the Prime Minister on their behalf, and that is exactly what I did.

Speaking of opposition to Bill C-10, members should check out what Tim Denton said. He is a former national CRTC commissioner, and he is also the current chair of the Internet Society Canada Chapter. Mr. Denton had this to say:

C-10 is clearly intended to allow speech control at the government’s discretion. Ignore the turn signals, look at where the wheels are pointed. They are pointed at your right to communicate freely by means of the internet.

This is scary stuff. Who would members trust to pass judgment on this bill, our heritage minister, with his radical past, or Mr. Denton? I know who I would trust.

How about the comment from Peter Menzies? He is a long-time journalist and former CRTC vice-chair. I worked in journalism with Peter. He is a good guy, a smart guy. He has summed up the Liberal bill really well. He said that Bill C-10 “will place the internet under the control of the...CRTC. Its nine unelected, unaccountable commissioners will decide if your Facebook post or Youtube video is appropriate internet content.” My former colleague goes on to point out that the heritage minister “has promised more legislation to establish another regulatory panel to oversee what sort of things people may say on social media. All of this constitutes an outrageous abuse of government authority”.

We can see where this legislation could go. Maybe a person does not like a government program or a policy or a politician and speaks out. Maybe they will get blocked or cancelled. There is a lot of cancel culture out there to go around, and the legislation before us would only make things worse.

The bottom line is that the Liberal government cannot be trusted with our free speech. The minister, with his radical, checkered past, cannot be trusted with our free speech. Our free speech is too sacred to be imperiled by this terrible, dangerous legislation. Canadians are saying that loud and clear. Bill C-10 must be defeated. Our very democracy in Canada is at stake.

Government Business No. 10—Broadcasting Act

June 21st, 2021 / 11:55 p.m.
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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, I find it troubling that we are being forced into closure, once again, on a debate that many have raised the concerns of censorship. It seems that the government is more worried about Conservative opposition to this than actually fixing what is deeply flawed legislation.

The minister has said that all artists support the legislation, and that is patently false. I have heard from some in my constituency and others across the country as well as those who I know have reached out to the minister directly, saying that they have concerns.

I am wondering if the member is willing to correct the record and acknowledge that there is not universal agreement from artistic communities on Bill C-10.

Government Business No. 10—Broadcasting Act

June 21st, 2021 / 11:45 p.m.
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Toronto—Danforth Ontario

Liberal

Julie Dabrusin LiberalParliamentary Secretary to the Minister of Canadian Heritage

Mr. Speaker, I rise today on the third reading of Bill C-10, a bill that would modernize the Broadcasting Act. This bill fulfills our government's promise to artists and creators, and will make Canada's broadcasting system more inclusive, accessible and equitable for all Canadians.

The Broadcasting Act has not been updated for 30 years. During that time, foreign web giants have stepped into the void. They have made money in Canada without contributing to our cultural creative industries. Bill C-10 seeks to modernize our broadcasting system and to level the playing field between our traditional broadcasters and these foreign web giants.

A modernized Broadcasting Act is urgently needed. It puts in place the right framework to support Canadian creators, producers and broadcasters to maintain the vitality of Canadian content creation and diversity of voices in the creative industry at large. It ensures that foreign web giants and streaming services contribute fairly to the Canadian broadcasting system, like our domestic broadcasters have for decades, and strives for fairness in the new digital world.

Even before tabling the bill, we heard from people who worked across the entire spectrum of the broadcasting sector about the importance of modernization. In June 2018, our government appointed a panel to review the broadcasting and telecommunications legislative framework. We received over 2,000 written submissions and heard directly from many people through conferences across the country. The Yale Report was released in January 2020, making recommendations based on this intensive study that created the framework for Bill C-10 and the modernization of the Broadcasting Act.

I want to underline this point. The consultations leading to this bill includes the work done by that esteemed panel that produced this report. Even before second reading, the heritage committee agreed to a pre-study and it ultimately took on the study of this bill. There were suggestions that we heard from people working in the industry as to how the bill could be improved. We have listened to these concerns and we took action.

Government and opposition parties proposed amendments. In many cases, more than one party proposed pretty much the same amendments, which were moments when there was better collaboration as we worked through them. In other moments, we had very heated debate and ultimately a Conservative filibuster, which kept members from being able to discuss improvements that could be made. Ultimately, the parties were able to work through the stack of amendments we had before us and to present an amended bill to the House.

Bill C-10 would level the playing field, supporting community broadcasting, inclusion and diversity and providing the CRTC with the proper tools to fulfill this modernization. The modernization includes bringing social media companies, and not their users, into the framework. This is because social media companies, for example, Youtube, have become major distributors for music in our country.

Users uploading content to social media are specifically excluded and the CRTC powers over social media companies themselves are restricted to only the following: first, request information from social media companies about the revenues they earn in Canada; second, require that they contribute a percentage of those revenues to cultural production funds; and third, make our Canadian creators discoverable on their platforms. I will break that down.

The first is to request information from social media companies about the revenues that they earn in Canada. Right now, we do not even know how much revenue these platforms such as Youtube generate in Canada. This seems like a reasonable step to take. I cannot see why the opposition parties, such as the Conservatives, want to let foreign platforms continue to operate in Canada without having to disclose this information. This is money made by foreign companies right in Canada.

The second requires that social media companies contribute a percentage of their revenues made in Canada to our cultural production funds. This goes to the core of supporting our artists. Broadcasters and radio pay into FACTOR or Musicaction to support our artists under the traditional system. It is time for these web giants, which have been getting richer during the pandemic, to pay into these funds as well.

The third is to make our Canadian creators more discoverable on their platforms. I would like to clarify on this point that the discoverability requirement is not the same as the one that applies to traditional TV and radio broadcasters. Social media companies do not need to show or play a proportion of Canadian shows or music. The discoverability requirement for social media companies is only to make our creators discoverable. This simply means to include them as suggestions in playlists, for example, or something of that type.

I would like to make one more point on the CRTC's restricted powers regarding social media companies. The CRTC will not have any powers relating to broadcasting standards that could be imposed on social media. Its only powers for social media companies are the three I have listed.

In debate at committee and in this place, there has been much that was raised about freedom of expression, and I want to address this point. The Broadcasting Act includes a specific clause that it must be interpreted in a way that respects freedom of expression and journalistic and creative independence. That has been there for the past 30 years.

At committee, we added a further clause that repeats this protection specifically for social media companies. The charter statement and amendment analysis from justice confirms that Bill C-10 does not impinge on freedom of expression. Bill C-10 levels the playing field and requires web giants to contribute to Canadian shows and music. It does not infringe freedom of expression.

Today, we are discussing a bill that will improve the representation of all Canadians in the programs that they watch. When most of the programming available to Canadians does not reflect their actual lived experiences, something needs to change.

That is why Bill C-10 makes advances to ensure that the Broadcasting Act promotes greater diversity. Programming that represents indigenous people, ethnocultural minorities, racialized communities, and francophones and anglophones, including those who belong to official language minority communities, the LGBTQ+ community and people with disabilities will no longer only be provided as resources become available. The offer and availability of such programming is essential for self-actualization.

The policies set out in the Broadcasting Act will ensure that our broadcasting system reflects Canadian society and that diverse and inclusive programming is available to everyone. That is essential so that the Canadian broadcasting system can help broaden people's perspectives, spur empathy and compassion for others and celebrate our differences, while strengthening the common bonds that unite our unique Canadian society.

Many of these aspects of broadcasting that have been simply migrated online have happened, and we need to bring them into the Canadian fold. It does not cover the whole of the Internet, as some might say. Bill C-10 includes clear authority for the CRTC to exempt certain classes of undertakings from regulation and to avoid regulation where such an imposition would not contribute in a material manner to the implementation of the broadcasting policy objectives.

Much debate has occurred about social media. Social media has clearly become an important tool for self-expression for Canadians. The bill would not interfere with the lawful use of this medium to express one's self.

The Conservatives stated that they would oppose this modernization of the Broadcasting Act even before changes were made at committee. While they raised issues about freedom of expression, which I addressed earlier, it seems like the objection from the start, and to this time, was about something else. A member of the Conservative caucus called artists who received support “niche groups”, that all of them must be stuck in the early 1990s because they had not managed to be competitive on new platforms and were producing material that Canadians just did not want.

I wonder if the member for the Conservative opposition was referring to shows from Alberta, such as Heartland, or Little Mosque on the Prairie, or maybe successful Canadian shows like Murdoch Mysteries, Kim's Convenience, Corner Gas, or Canadian musicians like Jessie Reyez, Gord Downie and the Arkells, all of whom received support through our cultural production funds.

Our government has crafted a carefully considered bill, and Bill C-10 would ensure our distinctively Canadian stories continue into the future.

Government Business No. 10—Broadcasting Act

June 21st, 2021 / 11:30 p.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

moved:

That Bill C-10, an act to amend the Broadcasting Act and to make related and consequential amendments to other acts, as amended, be concurred in at report stage with further amendments.

Motions in amendmentGovernment Business No. 10—Broadcasting Act

June 21st, 2021 / 10 p.m.
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NDP

Heather McPherson NDP Edmonton Strathcona, AB

Madam Speaker, it was a pleasure to work with the member on Bill C-10. He obviously cares about the Broadcasting Act, the broadcasting landscape, our creative producers in Canada, our artists, our writers and our community broadcasting stations. That was something that I was fighting for at committee, so we were often working hand in hand on some of that work.

However, that was not the case with all members of our committee. In early spring, we saw the Conservatives begin to filibuster, and I believe that was as a result of the minister's mishandling and inability to defend his own legislation. Does the member think that the Conservatives actually found an opportunity to fundraise off this? Does the member think that is why they in fact stopped being productive and stopped trying to fix the legislation and just obstructed the legislation?

Motions in amendmentGovernment Business No. 10—Broadcasting Act

June 21st, 2021 / 9:55 p.m.
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Green

Paul Manly Green Nanaimo—Ladysmith, BC

Madam Speaker, it is an honour to rise to speak today to Bill C-10 on behalf of the constituents of Nanaimo—Ladysmith and the Green Party supporters across Canada.

It has been 29 years since the Broadcasting Act was updated, so this legislation is long overdue. I have decades of experience in music, film and the television industry, so I have a keen interest in seeing this update done correctly. However, Bill C-10 was critically flawed from the beginning.

More than 120 amendments were put forward to fix this bill, including 18 from the government itself. I submitted 29 amendments to Bill C-10. Two of these amendments passed, and another two passed with subamendments. The focus of my amendments was to ensure that industry stakeholders outside of the big media conglomerates are properly represented in the act. This included non-profit community broadcasters; independent producers who work outside of the traditional broadcasting system; small, independent production companies that create much of the content that we watch on the big networks; and independent networks, like APTN, which are not part of the media conglomerates like Bell, Rogers or Shaw.

Some of the key amendments I put forward ensured that the community element is recognized under the Broadcasting Act. The community element consists of hundreds of non-profit community TV and community radio stations across Canada. In Nanaimo, we have CHLY radio, which is a community-based campus radio station with a non-profit mandate that supports local, commercial-free programming.

When I started out in the broadcasting industry, there was a large network of community TV stations across the country, which were originally tied to the local community cable companies. As those small cable companies were swallowed up by Bell, Rogers and Shaw, the community broadcasting element was slowly pushed out. As the cable giants became more vertically integrated, buying up channels and production companies and expanding service into cellular, they started to use their community stations as a way to promote their own products.

Community media plays an important role in a free and democratic society. These stations are not owned and controlled by commercial interests, and their mandate is to provide a platform to community voices that would otherwise be squeezed out of commercial radio and television. It is important to have the community element recognized as the third major element of broadcasting in Canada. I was glad to have some of my amendments regarding the community element pass, although it was disappointing to see the term “non-profit” removed from the definition, because that is precisely what the community element is, a non-profit element of our broadcasting system.

There has been a lot of talk by the government about the objective of this bill being to level the playing field and protect Canadian cultural producers in their relationship to large Internet giants. According to the Yale report, which was presented in committee, the playing field also needs to be levelled in the contractual agreements between independent production companies and large broadcasting or streaming services.

Much of what we watch is created by small, independent productions companies that bring their program ideas to the big companies. There is a power imbalance in the system that needs to be corrected. Two amendments I put forward were recommended by the Coalition for the Diversity of Cultural Expressions, the Alliance des producteurs francophones du Canada, and the Canadian Media Producers Association. Had they passed, those amendments would have created market-based solutions to a market-based power imbalance.

The U.K and France both have similar systems in place, which are working quite well. After the British Parliament passed legislation, the U.K. regulatory agency required negotiations of codes of practice between independent producers and the public service broadcasters. Every code of practice agreement was worked out by the players themselves, rather than dictated by the regulator. The result was a tripling of the size of the domestic production industry in under a decade. France implemented similar measures, with the effect being that the volume of independently produced productions has continually increased, including those commissioned by web giants like Netflix and Amazon.

In Canada, the CRTC has never attempted to directly regulate the commercial relationship between producers and broadcasters. It has always taken the position that codes of practice should be negotiated by the market actors concerned. It is essential, however, that the CRTC be given explicit authority in this area so that it can require players to negotiate codes of practice between themselves. Unfortunately, those amendments, which would have provided more protection to small producers, were opposed by both the Liberals and the Conservatives and did not pass.

There is no doubt that the Broadcasting Act needs to be modernized and we need to level the playing field to ensure that digital giants pay their fair share. For decades now we have had a system in which the broadcasting industry supports the creation of Canadian content, and this should extend to the Internet giants.

Currently, the streaming and social media giants get away with not paying their fair share of taxes in this country. They also contribute nothing to the creation of content except that which they choose to produce.

The Conservatives have been busy sowing a great deal of confusion about what is and what is not Canadian content and how that is determined. Our Canadian content rules are very straightforward. For music to be deemed Canadian content, there is the MAPL system.

To qualify as Canadian content, a musical selection must generally fulfill at least two of the following conditions: M, or music, means that the music is composed entirely by a Canadian; A, or the artist, is for when the music or the lyrics are performed principally by a Canadian; P, or performance, is when the music selection consists of a live performance that is recorded wholly in Canada or performed wholly in Canada and broadcast live in Canada; and L, is when the lyrics are written entirely by a Canadian.

If we fulfill two out of those four categories, we have Canadian content. It is pretty straightforward. Canadian content rules have made stars out of some great Canadian bands such as The Tragically Hip, a band whose lyrics are distinctly Canadian. Tragically, The Hip never made it big in the U.S.A., but it is great that they have become such Canadian icons, thanks to Canadian content regulations that led to the production of films that were later picked up by Canadian broadcasters and went through the procedure of having the film certified as Canadian content.

It is an attestation-based process where one makes a declaration, and it may or may not be audited in the future. There is a point system where people have must score six out of a possible 10 points. They get two points for a director, two points for the screenwriter, first and second lead performers at one point each, and points are awarded for production design, art design, the director of photograph, camera chief, camera operator, musical composer, etc.

The Conservatives spent a lot of time filibustering at committee asking how anyone could figure out if a production is Canadian or not. In question period, the member for Lethbridge wanted to know if Canadian Bacon was a Canadian film based on the name and one of the lead actors, John Candy, being Canadian. However, Canadian Bacon was produced and directed by Michael Moore, an American, and it was produced mostly with an American crew.

Yes, John Candy was one of the stars, and there was another lesser known but also great Canadian actor Adrian Hough in the film, but other than that, there was a long list of American stars like Alan Alda. According to the formula, Canadian Bacon was not a Canadian film, but it is a very straightforward system.

Social media users are exempt from Bill C-10 and the Broadcasting Act, but the content they upload to social media platforms would be covered under the act. It should be noted that under current CRTC rules, productions under five minutes or less do not require certification as Canadian content. TikTok videos and Instagram videos, which are all less than five minutes, would not fall under the current regulations for discoverability as Canadian content.

Can regulations under the act change? Yes, they can. Does the CRTC think it is a good idea to regulate TikTok and Instagram videos for Canadian content discoverability? I really doubt it. There is an ongoing debate about whether freedom of expression is protected under the Broadcasting Act. In the 1991 Broadcasting Act under part 1, the general interpretation, it states, “This Act shall be construed and applied in a manner that is consistent with the freedom of expression and journalistic, creative and programming independence enjoyed by broadcasting undertakings.”

This part of the act still stands. The CRTC is going to have to respect our constitutional right to freedom of expression under the act. That is just a fact. If it does not, then there will be grounds for a legal challenge to the bill, and it seems pretty clear that freedom of expression will be respected.

In conclusion, Bill C-10 is still flawed and there could be a lot more in the bill to protect small, independent producers and production companies, and to ensure that independent networks such as APTN get their products on those streaming services, so we need to do more to protect Canadian producers and defend them in their relationship to the big companies, and not just the big Internet companies, but also the big Canadian broadcasters.

Motions in amendmentGovernment Business No. 10—Broadcasting Act

June 21st, 2021 / 9:50 p.m.
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Conservative

Bob Zimmer Conservative Prince George—Peace River—Northern Rockies, BC

Madam Speaker, I have an article in front of me entitled “Heritage minister ignored his own officials over controversial Bill C-10, documents reveal”. It says:

Months before the Liberal government removed a section of Bill C-10 in a controversial amendment [the] Heritage Minister...was told by officials within his own department that it was an “important limitation” on regulatory powers.

What does the member say to all the critics of Bill C-10? It is not just the Conservatives, not just people on this side of the House who are criticizing this bill. What does he say to those people?

Motions in amendmentGovernment Business No. 10—Broadcasting Act

June 21st, 2021 / 9:50 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, there are a number of amendments on the table. I understand there was somewhat of a filibuster, but a great discussion that occurred at the standing committee. I do not want to say that I know all of the details per se, but what I do know is that, all in all, this is good, solid legislation. At the end of the day, it is legislation that is needed, and the vast majority of Canadians would support it. We have seen examples, from the Quebec National Assembly to not only the government of the day, but also at least one and possibly even two opposition parties. Once again, the Conservatives seem to be on the outside. They are trying to frustrate the government from being able to pass any type of legislation, especially Bill C-10.

Motions in amendmentGovernment Business No. 10—Broadcasting Act

June 21st, 2021 / 9:35 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and Minister of Intergovernmental Affairs and to the Leader of the Government in the House of Commons

Madam Speaker, it is a shame that I only get 10 minutes to speak to this legislation, with all those amendments. I will try to be as concise as I can and provide some thoughts in regard to the last speech and, in particular, that last amazing question from the Conservative member.

It is important to recognize at the beginning that the very core of Bill C-10, from my perspective and I believer the way my caucus colleagues look at it, is to promote Canadian music, storytelling and creative works. The bill is about fairness and getting American web giants to pay their fair share and contribute to our cultural sector. That is absolutely necessary.

Before I expand on that, it is a bit much to hear the Conservatives refer the legislative agenda and say that it has been mismanaged. It is somewhat ridiculous that the Conservative members would even suggest such a thing when they are at the core of the problem. The Conservatives will say that they do not have enough time to debate and will ask why the government is bringing in different forms of time allocation, yet it is the Conservative Party that consistently wastes time on the floor of the House of Commons. Last Thursday, we were just getting under way and the Conservatives tried to adjourn debate for the day, they wanted to stop debate. They did not want to work anymore, and we were only on a Thursday morning.

What about the motions for concurrence the Conservative Party continuously raise? What about the raising of privileges and points of order as a mechanism to filibuster on the floor of the House of Commons? Government business, unlike Private Members' Business or opposition days, has a process that makes it very vulnerable to opposition parties. Whenever there are 12 or more members, it makes it very difficult for government to pass legislation if one of those opposition parties wants to make it difficult.

The Conservative Party of Canada members in the House of Commons have made it their mission to prevent the government from passing anything. We have seen that destructive force in the House of Commons. I do not think they have a case whatsoever to complain about debate times on pieces of legislation. We tried on numerous occasions to bring certain bills up or to extend hours to facilitate their needs, but the Conservatives have said that if they cannot get what they want, they will waste time. The government then has to bring in some form of closure or time allocation or nothing will ever get passed. We have seen that, and Bill C-10 is one example. They need to wake up.

The minister has done a fantastic job of bringing forward to the House legislation that would modernize an act that has not been modernized for three decades. Is it absolutely perfect? There was some need to make some modifications. Some of those modifications have, in fact, occurred. However, the spin that the Conservatives put on this is that it is terrible legislation that should never, ever see the light of day. We know the legislation would never be able to pass if it did not get the support from at least one opposition party.

It is not the Government of Canada ramming the legislation through. Often it feels as if it is the Government of Canada pleading and begging opposition to recognize the value and try to drum up support within the House. Fortunately, once again, at least one political party is prepared to see this legislation advance. I truly do appreciate it.

Bill C-10, as I said, is, at the core, promoting Canadian music, storytelling and creative work. The Conservatives argue against it, that somehow it limits freedom of speech, and they cite a number of examples. However, the Department of Justice has done an analysis of the legislation and has clearly indicated that it is consistent with the charter guarantee of freedom of speech, and that is coming from civil servants.

I wish the Conservatives would recognize that the bill would ensure that the act would not apply to users of social media services or to social media services themselves for content posted by their users. However, to listen to what the Conservatives are saying, one would not think that, because it does not fit their narrative.

The bill aims to update some critical elements of the broadcasting policy for Canada. For example, it would ensure that the creation of Canadian content is reflective of Canadian society and accessible to all Canadians. The bill would also amend the act to ensure that there is a greater account for things such as indigenous cultures and languages. It would also recognize that Canada's broadcasting system should serve the needs and interests of all Canadians, including racialized communities and our very diverse ethnocultural backgrounds, socioeconomic status, abilities, disabilities, sexual orientations, gender identities and expressions of age.

I can tell my Conservative friends, in particular, that things have changed since the act was really updated. The Internet was in its infancy. When I first got the chance to speak to the legislation, I made reference to the fact that when I was first elected 30-plus years ago as a Manitoba parliamentarian, the Internet was accessed by dialing up through the telephone, and I think it was on a 256-kilobytes Compaq computer. Actually, I started off with a small Apple computer that I put floppy disks into. Contrast that to what the Internet is today and how advanced technology continues to push us. We, at least on the government benches, recognize that this is change that needs to take place.

Unlike the Conservative Party, we recognize the true, intrinsic value of culture and heritage, and Canada's diversity continues to grow on a daily basis. We need to modernize the legislation. It is there for all Canadians, which is the reason this government is bringing forward this legislation, as well as other important legislation, whether it is Bill C-6 or Bill C-12.

This is solid, progressive legislation that is going to make a tangible difference, and this is why it is so sad at times when we see the unholy alliance of opposition parties trying to frustrate the government in getting through a legislative agenda that we can all be proud of before the summer break, which is something that is done all the time in June when government gives that final push before the summer break.

I would ask members to get behind this legislation and do what I and my Liberal caucus colleagues are doing: support it, and let us move on to more legislation.

Motions in amendmentGovernment Business No. 10—Broadcasting Act

June 21st, 2021 / 9:30 p.m.
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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Madam Speaker, I thank my colleague who sits with me on the Standing Committee on Canadian Heritage and who works very hard, as we all do. To answer her question, unfortunately I do not at all agree with her.

At first, we agreed on the principle of Bill C‑10. The bill had several flaws and we were in a hurry to find common ground, but sadly, the government amended it along the way. I believe that is where the problem lies. The government, without notice and despite a pretense of collaboration, was paving the way so that social media could become official broadcasters with all the consequences that could have.

Even worse, the government's willingness to play partisan politics, by framing the issue as being between freedom of expression and the artists themselves, offended many people. Under no circumstance could we let the Liberals get away with that. We will always work to protect freedom of expression.

Motions in amendmentGovernment Business No. 10—Broadcasting Act

June 21st, 2021 / 9:20 p.m.
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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Madam Speaker, I want to thank you for giving me the opportunity to rise after you presented the long list of amendments to all parliamentarians and the people who are watching at home. Canadians are interested in Bill C-10 and the whole saga surrounding it since its introduction.

I will not go back over all of the amendments that you just read, but I would like to talk about the key amendment, which seeks to reinstate protection for the freedom of expression of social media users. The government tried to attack freedom of expression, as many law professors and legal experts across the country have pointed out.

Before I talk about this key amendment, it is important to explain to people how we got to where we are today and why members will spend so much time this evening voting on many amendments.

The story began last November, when the Minister of Canadian Heritage introduced a bad bill in the House. Members of the House all wanted to pass legislation that would strike a balance between Canada's digital and conventional broadcasters.

Everyone put a little water in their wine. We found ways to allow all members who had concerns to have their say. This allowed us to get information from the various groups involved around the country. Some people may not know this, but the Standing Committee on Canadian Heritage even unanimously agreed to form a pre-committee so as not to slow down the process at the beginning.

There was a willingness to find ways to improve this bad bill because it did not take into account the role of CBC/Radio-Canada nor the issue of copyright. There were several flaws and Canadian companies had no protection. We wanted to ensure that francophone and Canadian content was protected by certain safeguards, standards or basic criteria. There was nothing. If I remember correctly, the parties proposed more than 120 amendments, not counting the ones they added later.

Although the Leader of the Government in the House of Commons kept telling us that committees were independent, the minister, who is not supposed to interfere in committee business, suddenly decided on a Friday afternoon without warning to withdraw clause 3 entirely, which included proposed section 4.1. That removed the protection with respect to user content, including of small companies that use social media.

There is a lot of talk about YouTube, since that is something people understand. However, according to a memo from senior officials, this bill will affect all social networking platforms. Older people, and I would include myself in that group, since I have a few grey hairs, know about YouTube and TikTok, even though these networks are for younger people. However, this bill affects all of the other platforms young people use that we do not know about, such as social media games or all of the social networking tools that are not mentioned anywhere in the bill.

The real problem is that the government targeted freedom of expression. The minister and his Liberal members on the committee did everything they could to stop the Minister of Canadian Heritage and the Minister of Justice from testifying in committee and explaining why they wanted to withdraw clause 4.1. Work at the committee was stalled for two or three weeks as a result of members filibustering to force the government to explain itself and give us proof that freedom of expression was not in any jeopardy.

After three weeks, the Liberals on the committee ended up agreeing to have the ministers testify. Unfortunately, all we got was an explanatory document, not the legal opinion the motion had requested. That was yet another way the Liberals failed to honour the committee's wishes.

I think that the NDP members tried different ways of protecting freedom of expression, even if they did support Bill C-10. One NDP member, whom I am not allowed to name, but I forget the name of her riding, even suggested we work during the summer to improve this bad bill.

However, we suffered another serious blow when the government, with the support of the Bloc Québécois, which is important to point out, decided to impose time allocation for a bill whose core element was freedom of expression. Worse still, the time allocation imposed on the committee, which is supposed to be independent, was not even properly applied. The committee members, apart from those belonging to the Conservative Party, decided to reverse the decision of the committee chair, who was only reporting what the Speaker of the House had said, that members would have to vote in favour of the bill without even reading the 40-some amendments that were missing.

Therefore, we voted on the amendments one by one, without even reading them. The people who were interested in this controversial bill heard members say “yes” and “no” without even knowing what they were voting on. What a crazy story. This was completely contrary to what the Speaker and the House had decided.

In a dramatic turn of events, when the report was tabled in the House, we informed the Speaker that the committee had voted to overturn the Chair's ruling. The Chair agreed with us and overturned the 40 amendments we had voted on.

This means that we now have a bill in which some 40 amendments that attempted to correct its shortcomings were struck down after the vote. We are 48 hours away from the end of the session, and the government is trying to cram 20 or so amendments from several parties down our throats in just one hour of debate.

How will this play out? This bill will move on to the Senate. For the people who are listening to us, the Senate will not stand for this, as it is supposed to be independent. The Senate will therefore begin to study the whole matter from the beginning to make sure it was done right, because the government did not do its homework, because the government waited six years to introduce a bill, because the government did not listen to the recommendations of the various groups, because the government played partisan politics and suggested there was a war between the cultural community and freedom of expression and made the Conservatives look like the bad guys. Even members of the Green Party and the NDP spoke out against some of these tactics by the government, which, as we all know, with an election coming up in the fall, wants to play tough.

What is happening right now is really sad. We are being forced to rush votes on more than 20 amendments, some of which had already been rejected, and on the reinsertion of clause 4.1, which is the most important part. I hope my House of Commons colleagues will agree to vote in favour of that amendment at least. It will protect content created by social media users, which is what a number of former senior CRTC executives pushed for.

Law professors from several universities across the country condemned this bill. I hope people will listen to them, because we are headed for disaster. This will get hung up in the Senate, it will never get to a vote, and the legislative process will never be completed because of the fall election. The Liberals are setting us up for failure, and this will be challenged before artists can even get the help they have been asking for for so long.

Speaker's RulingGovernment Business No. 10—Broadcasting Act

June 21st, 2021 / 9:05 p.m.
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Liberal

Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

There are 23 motions in amendment standing on the Notice Paper for the report stage of Bill C-10.

Motions Nos. 1 to 23 will be grouped for debate and voted upon according to the voting pattern available at the table.

The House proceeded to the consideration of Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, as reported (with amendments) from the committee.

Motion That Debate Be Not Further AdjournedBroadcasting ActGovernment Orders

June 21st, 2021 / 7:15 p.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Mr. Speaker, I am baffled by the question from the member. She refuses to support us and help us move Bill C-10 along, but when we do, she says, oh my goodness, why are we waiting until the last minute? We have been trying for many, many weeks to move the bill along, and if the NDP had helped us, maybe we would not be in this situation to start with.

Motion That Debate Be Not Further AdjournedBroadcasting ActGovernment Orders

June 21st, 2021 / 7:15 p.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Mr. Speaker, the committee has had months and months to study Bill C-10 and in fact, before the Conservative Party started filibustering the work of the committee, things were going pretty well, but at one point the Conservatives decided that they would prefer to side with Google and Facebook instead of supporting Canadian artists, and then it was impossible to move the bill along. We could have had six more months of committee work and we would not have been able to get through Bill C-10 at the committee.

As I reminded members earlier, every month that passes deprives our artists and cultural sector of $70 million that is kept in the pockets of some of the wealthiest and most powerful companies in the world.

Motion That Debate Be Not Further AdjournedBroadcasting ActGovernment Orders

June 21st, 2021 / 7:15 p.m.
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Conservative

Bob Zimmer Conservative Prince George—Peace River—Northern Rockies, BC

Mr. Speaker, I asked the minister a question again in the House on the topic of Bill C-10, unfortunately not dealing with the subject of Bill C-10, but dealing with the issue of ramming it through the House.

Recently, we saw the government guilty of trying to ram through a bunch of amendments, much to the surprise of many of us here who respect the process, respect committee work and yet again, we see the government time after time simply trying to sidestep the parliamentary process. We saw that example today again in the House, where the health officer who was supposed to produce documents as requested by the House still refused to do it, on the advice of the government.

With such an important bill as Bill C-10, why does the minister feel he needs to ram it through the House?

Motion That Debate Be Not Further AdjournedBroadcasting ActGovernment Orders

June 21st, 2021 / 7:10 p.m.
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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Mr. Speaker, it is good to be able to ask the minister a couple of very important questions. First, I would ask him to correct the record because it has been made very clear that not all artists support Bill C-10. In fact, I have heard from many, and I know that other colleagues have, including those who have reached out to the minister directly, that they do not support Bill C-10, so that is misleading and incorrect rhetoric that he is speaking to.

Further, I would suggest that the minister should be careful how he references things because we saw time and again how he might say one thing on Sunday afternoon television and then his office would have to clarify and correct the record the next day. He would say one thing in question period and another thing at committee. I am curious which minister is actually speaking to us today, because there seems to be a lot of confusion from his office or from himself regarding Bill C-10.

There is one question I would really like to get an answer to. He talked about the example of Kim's Convenience being an epitome for Canadian success, whereas a recent report suggested that anti-Asian stereotypes were perpetrated through the production and what was in part government funding of that sitcom on Canadian television.

Does the minister support that sort of stereotypes being a part of Canadian culture and in his approach to legislating culture in this country?

Motion That Debate Be Not Further AdjournedBroadcasting ActGovernment Orders

June 21st, 2021 / 7:10 p.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Mr. Speaker, I would simply remind my hon. colleague that the organizations he mentioned, on top of the independent producers, have all come out in support of Bill C-10 and are all calling for its rapid adoption.

Bill C-10 will not solve everything. There are other issues we have to address when it comes to broadcasting and creation, and we will. However, Bill C-10 is a first step in that direction. It is not everything under the sun, but it is a first and very important step in the right direction.

Motion That Debate Be Not Further AdjournedBroadcasting ActGovernment Orders

June 21st, 2021 / 7:10 p.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Mr. Speaker, I would like to thank my hon. colleague for his advocacy as a member of the heritage committee and also as an artist himself for many years.

The member is absolutely right. There is this idea that the only people concerned with free speech in the country are the Conservatives. Artists have for decades, if not centuries, defended freedom of speech. The idea that they would all of a sudden forget about this just because they are in favour of Bill C-10 makes absolutely no sense. There are a number of safeguards in Bill C-10, and we have heard from Department of Justice, as well as in the body of the laws and regulations we have in Canada. The CRTC is not above the law.

Bill C-10 would not apply to individuals, and it says that very clearly in the bill right now.

Motion That Debate Be Not Further AdjournedBroadcasting ActGovernment Orders

June 21st, 2021 / 7:05 p.m.
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Conservative

Kerry Diotte Conservative Edmonton Griesbach, AB

Mr. Speaker, what is interesting is that in the minister's reality, this is all about artists, but to the real world, the non-Liberal world perhaps, to everybody I talk to about Bill C-10, it is about censorship, it is about what people can post on the Internet. It is the fear of government interference. We have seen big tech already clamping down on free speech. People are terrified of what Bill C-10 will bring.

I was giving a talk to a grade six class, and those children are worried about it. It seems like the whole world knows that this is all about censorship, but the minister thinks it is all about artists. We love artists, but this has nothing really to do about artists. The fear is censorship.

What would the minister say to these grade six children who are worried about their free speech because of the bill?

Motion That Debate Be Not Further AdjournedBroadcasting ActGovernment Orders

June 21st, 2021 / 7:05 p.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Mr. Speaker, first, the Conservative Party's position was that the bill did not go far enough, that we needed to do more and include, according to some of the member's colleagues, companies like YouTube. Then it decided to move the needle and said that it was about freedom of speech. Then when the justice department said that there was no issue with freedom of speech, the Conservatives moved the needle again and said that it was about net neutrality. When it was explained what net neutrality was and the fact that Bill C-10 had nothing to do with net neutrality, they moved the dial again and said that it was these secret amendments.

Every time we have spoken about the bill, the Conservatives have been against it. They have clearly decided that they are siding with Google, Facebook and some of the wealthiest companies in the world. We have seen the contempt, which are not my words but the words of many artists, that the Conservative Party has shown to artists and our cultural sector.

Motion That Debate Be Not Further AdjournedBroadcasting ActGovernment Orders

June 21st, 2021 / 7 p.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Mr. Speaker, the vast majority of artists support Bill C-10 and want it to be adopted. In fact, thousands of artists have signed a petition in favour of the bill. What the NDP is telling them and the chamber is that the NDP knows best, that artists do not know or understand. We have chosen to listen to artists, not the other way around.

Motion That Debate Be Not Further AdjournedBroadcasting ActGovernment Orders

June 21st, 2021 / 7 p.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Mr. Speaker, there are two things I would like to answer for the hon. colleague. The first is that I was with the leader of the Bloc Québécois and the leader of the NDP on Tout le monde en parle, during which all three of us committed to work together to ensure Bill C-10 would be adopted. Right after that, the NDP changed its mind, after committing in front of millions of Quebeckers and Canadians that the NDP would work with us to ensure that Bill C-10 would be adopted. Was that a lie to the Canadian public and to the viewers of this show, I do not know.

Motion That Debate Be Not Further AdjournedBroadcasting ActGovernment Orders

June 21st, 2021 / 7 p.m.
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NDP

Heather McPherson NDP Edmonton Strathcona, AB

Mr. Speaker, it seems that the minister may be quite confused. He keeps saying that he does not quite understand the NDP position in not voting with his government to push this through Parliament. The New Democrats have been clear. We are very supportive of getting help to our artists and we are supportive of Bill C-10. However, perhaps what the minister does not understand is the role Parliament plays in our parliamentary system, similar to the way the minister did not seem to really understand how broadcasting worked or, in fact, how his own bill worked before he tabled it.

We can be supportive of legislation and also find it very problematic to watch the way the minister has managed this file and is now trying to shove it through Parliament without giving parliamentarians time to get this bill right. I have offered time and again to work through the summer, to do whatever we need to do to get this bill through, and the minister just keeps asking why we will not support the Liberal time allocation. How is that respecting Parliament?

Motion That Debate Be Not Further AdjournedBroadcasting ActGovernment Orders

June 21st, 2021 / 6:55 p.m.
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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Madam Speaker, ever since the minister introduced Bill C-10 in November, everyone has been trying to improve it, despite its flaws. It did not address copyrights or CBC/Radio-Canada's mandate, and it was missing a lot of things to protect Canadian businesses and domestic French-language and Canadian productions.

Everyone tried to compromise to find a solution and improve the bill up until one Friday afternoon when the minister withdrew clause 4.1, which was supposed to be added to the Broadcasting Act, going after the content of social media users.

My question for the minister and the Liberals is quite simple. Despite the gag order that the government imposed on us in committee and the fact that the Chair called the government to order by ruling many amendments out of order at committee stage—amendments that we will be voting on this evening—will the government agree to vote in favour of reinserting clause 4.1 into the legislation to protect the content of social media users, whatever it might be?

Motion That Debate Be Not Further AdjournedBroadcasting ActGovernment Orders

June 21st, 2021 / 6:55 p.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Madam Speaker, the hon. member and I have had numerous exchanges about Bill C-10, and I know he is very passionate about this. Again, I would remind the hon. member that the very credible, very competent and very independent civil servants of the Ministry of Justice have looked into this issue and provided analysis and testimonies to accompany them to the heritage committee, and that confirmed that there is no issue regarding Bill C-10 and freedom of expression or freedom of creation.

Motion That Debate Be Not Further AdjournedBroadcasting ActGovernment Orders

June 21st, 2021 / 6:50 p.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Madam Speaker, what I find shocking and what the artistic community cannot understand is that the NDP refuses to support Bill C‑10 and that it has sided with the Conservative Party.

I do not think anyone is surprised to see the Conservative Party do this, but I must admit that it is a surprise and a major disappointment to see the NDP follow suit.

Motion That Debate Be Not Further AdjournedBroadcasting ActGovernment Orders

June 21st, 2021 / 6:50 p.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Madam Speaker, through you, I want to thank my hon. colleague across the aisle for his question and for his party's support for Bill C‑10.

He is quite right. This bill has the unanimous support of the Quebec National Assembly and the vast majority of artists. In fact, several thousand artists and organizations representing hundreds of thousands of artists in Quebec, of course, but also across the country, signed a petition in support of Bill C‑10.

My colleague is right about the wait. Every month that goes by deprives artists of $70 million. Some say that even if Bill C‑10 were to pass, it would not come into force immediately. I agree, but every month that the implementation of Bill C‑10 is delayed means $70 million less for our artists and arts organizations.

Motion That Debate Be Not Further AdjournedBroadcasting ActGovernment Orders

June 21st, 2021 / 6:45 p.m.
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Laurier—Sainte-Marie Québec

Liberal

Steven Guilbeault LiberalMinister of Canadian Heritage

Madam Speaker, I thank my hon. colleague for his comments. I would like to remind him of certain facts.

First, several members of his political party asked us to go even further with Bill C‑10. We heard the same thing from an impressive number of stakeholders from across Canada, who told us that now that a company like YouTube has become the biggest distributor of music in Canada, it has to be included in Bill C‑10. We did that.

The Department of Justice's highly independent and competent officials testified before the Standing Committee on Canadian Heritage. They carried out an analysis that demonstrated there are no issues with freedom of expression and Bill C‑10. In the bill, there are elements that provide for freedom of expression, freedom of creation and freedom of the press. My colleague opposite is also very aware of that.

Furthermore, the CRTC is not above Canadian law. The CRTC must also comply with Canada's many laws, including the Canadian Charter of Rights and Freedoms.

Motion That Debate Be Not Further AdjournedBroadcasting ActGovernment Orders

June 21st, 2021 / 6:45 p.m.
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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Speaker, here we are again to talk about the infamous Bill C‑10. We know that this bill has a direct impact on freedom of speech.

We were surprised to see that the bill originally contained a fundamental provision, clause 4.1, which clearly defined the terms of freedom of speech and clearly indicated that this bill would not affect those working on social media when it came time to produce and post music or cultural activities.

Unfortunately, the government withdrew that amendment. Members will recall that the second opposition party asked for that clause to be reinstated three times. When we proposed that amendment, the government and the second opposition party opposed it.

How can the government introduce a bill that does not protect freedom of expression as it should, particularly since that protection used to be set out in the bill in black and white?

Freedom of SpeechPetitionsRoutine Proceedings

June 21st, 2021 / 5:50 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, the third petition I am presenting is from Canadians who are very concerned about Bill C-10: the government's supposed reform of the Broadcasting Act, which would in reality give the government significant powers to control and limit speech online.

Petitioners note that Liberal members of the committee voted in favour of amendments that would include social media platforms within the jurisdiction of this regulation. Petitioners call on the Government of Canada to respect Canadians' fundamental right to freedom of expression, to prevent Internet censorship in Canada and not to continue with Bill C-10 as currently written.

EthicsOral Questions

June 21st, 2021 / 2:35 p.m.
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Honoré-Mercier Québec

Liberal

Pablo Rodriguez LiberalLeader of the Government in the House of Commons

Mr. Speaker, can my colleague tell me when the Conservatives will stop blocking the budget? Can he tell me when they will stop blocking Bill C‑10 so we can get the web giants to start contributing? When will they stop blocking Bill C‑12 so that we can continue working for the future of our children and grandchildren? When will they stop blocking Bill C‑6, on a process that harms our youth and the LGBTQ+ community?

When will they stop blocking these progressive bills, and when will the Bloc Québécois and the NDP stop supporting the Conservatives' antics and start helping us and all Canadians?

Bill C‑12—Time Allocation MotionCanadian Net-Zero Emissions Accountability ActGovernment Orders

June 21st, 2021 / 1:35 p.m.
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Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Madam Speaker, is this not a strange set of circumstances? When the government House leader said that we would be debating Bill C-12 last week, I foolishly assumed he meant the actual bill. Multiple times last week it looked like maybe Bill C-12 would be debated, but no. The Liberals say that we Conservatives are delaying. Unfortunately, instead of debating the bill today, we are debating a motion to shut down debate on the bill because the government cannot seem to manage the House agenda at all. To say this bill is urgent after not calling it for months, and indeed after proroguing the House and delaying everything, is the height of hypocrisy. Therefore, here we are.

This is not the first disaster of management on this legislation by the current government. Indeed, it is just the most recent in a long list of failures relating to the bill. I would like to go through some of those here.

When the bill was first introduced, I stood in the House and said I would support the bill. That is true and on the record. However, at that time, I made the mistake of taking the minister at his word: that he was willing to work in good faith with opposition parties. Very quickly I was disabused of this notion.

The first domino was when the government pre-empted the bill entirely. It ignored its own promises and appointed the advisory body. The minister had committed to working with us and with the oil and gas industry to develop the advisory group. In fact, the Minister of Natural Resources said, “We're not reaching net-zero without our oil and gas sector in this country. We're not reaching it.” I agree with this minister and expected direct representation from this critical industry on the group advising government. Unfortunately, instead, the minister appointed a body with no direct oil and gas representation. It was full of people devoted to the death of that industry and the jobs and prosperity it brings.

There were some choice quotes and statements from various members of the advisory committee. One tweet thanked Greta Thunberg for calling on the Prime Minister to stop all oil and gas projects. Another rejected that fossil fuels could co-exist with climate action, rejecting the industry and its workers entirely. Another advocated for stopping all fossil fuel exports and another said, “Tomorrow, I'll join thousands gathering around Canada to call on premiers to act on climate and reject pipelines.”

Members may think that I am done, but I am just getting started because all those were from one person: Catherine Abreu of the Climate Action Network.

Another board member, Kluane Adamek, again quoted Greta, advocating abandoning the fossil fuel economy. Simon Donner from UBC, another board member, called to halt all new oil sands projects and asked if we should cap production entirely.

To be clear, I am not saying that these people are not entitled to their own opinions and beliefs. We are a free country with free speech, until Bill C-10 passes I guess. However, the minister chose these people who are actively anti-oil and gas and put them on this group to tell him what to do in regard to policies relating to oil and gas.

We wanted to work with him on this advisory group and felt it could represent expertise in which Canadian industry excels. Instead, the minister would much rather reject industry entirely, so I for one have no interest in supporting his crusade or his legislation. It has become clear that the minister is completely focused on destroying Canada's oil and gas sector and all the people it employs.

Even knowing all that, we went into the committee process in good faith. I met with many groups from across the ideological spectrum, did a lot of research and worked to create productive and relevant amendments that would improve the bill. What did we find at committee? As many more people watch the House and committees, despite being wonderful entertainment, I will let those at home know what exactly occurred.

Initially, when the bill came to us at committee, all parties worked together to create a timeline for consideration that would have allowed enough time to hear witnesses, receive briefs and review the bill. However, when the committee next met, the Liberal members dropped a surprise motion to reverse all that had been agreed to in order to fast-track the bill and get it through as fast as possible. At the time, Conservatives warned that this schedule would make it difficult to properly conduct our important work, and how right we were.

The Liberals, with their NDP allies, were able to speed things up, so we started the study immediately. Witnesses were due the next day, so everyone had to scramble to do their best. Witness testimony was essentially limited to two days. We did hear some particularly good testimony from a variety of witnesses, yet on something clearly this important to the Liberals, why would they not want more evidence? It would become clear soon enough.

Many people do not know that when committees study a bill, there is a deadline to submit witnesses and amendments. As well, drafting amendments takes a couple of days. The incredibly hard-working staff, who assist in drafting these, are amazing to work with, but writing law takes time. The deadline for amendments in this sped-up Liberal-designed process was immediately after we heard the last witness testimony, so there was not much time to formulate ideas and get them ready. Even worse was how it affected the written submissions. This is what really gets me.

As soon as the bill got to committee, we put out a call for written briefs. These are quite common: Generally experts or interested Canadians send in their opinions on a piece of legislation. They are an essential aspect in ensuring that Canadians can feel included in the process and feel heard. I spoke to witnesses who, when invited to the committee, were told the deadline for submitting a brief was the day they were invited. These briefs are often technical and professionally researched articles. How is an expert supposed to write a submission with literally zero days' notice? The answer is they cannot.

Additionally, as we are a bilingual nation, all of the submissions had to be collected and translated before being sent to members of the public. All of this led to the farce that we saw at the environment committee on the study of Bill C-12. When amendments were due on a Friday before we started clause-by-clause review, only a small number of briefs were available to members. The next week, there were dozens of briefs. Over 70 were posted and then made available. That means that due to the Liberals' single-minded focus on passing the bill as fast as they could and limiting the witness testimony as much as they could, the vast majority of public opinion on the bill was not available until after amendments were due. This is a completely disrespectful act conducted by the Liberals and their allies in the NDP to ignore public opinion.

Ontario Power Generation, Fertilizer Canada, the Canadian Union of Postal Workers, the Canadian Nuclear Association and the Canadian Electricity Association all sent briefs after amendments were due. Even environmental groups were hurt by this. The briefs from Ecojustice, Citizens' Climate Lobby, Leadnow, the David Suzuki Foundation and the previously mentioned Climate Action Network all were not available until after amendments were due.

Perhaps the most egregious impact of the Liberals' behaviour on this bill is that no indigenous witnesses were heard from during the study. As par for the course, the brief from the Assembly of First Nations, as I am sure everyone has guessed, was available only after amendments were due.

Additionally, there were a great many briefs from individual Canadians who worked hard to have their voices heard. Thanks to the Liberals, they feel ignored. I heard from one Canadian who said she worked hard on her brief and was excited to have her voice heard, yet when she learned that amendments were due before her brief could even be read, she was totally disenchanted with the process. Our responsibility as elected officials is to ensure that Canadians feel heard, feel included and feel a part of something. What the Liberals and their NDP allies did during this process is disgraceful, and it is a terrible mark on the history of this place.

Now I will get to the clause-by-clause study itself. Despite all I said, we still went in with productive amendments and hoped for the best. Indeed, the minister said he was willing to work with all parties to make the bill better. Again, that turned out not to be true. It became clear very quickly that, instead of there being a willingness to debate or even engage on good ideas, the fix was in. The Liberals and the NDP made a deal to approve their own amendments and reject everyone else's, no matter how reasoned or reasonable.

Before I get to our proposed amendments, I just want to share an example that shows how ridiculous the whole process was. At one point during the study, the Green Party proposed an amendment that was identical to a government amendment. The Green Party's amendment came up first, and the Liberal and NDP members opposed it even though it was exactly the same as their own amendment.

It is clear that their strategy was to reject literally every other suggestion, regardless of what it was. For context, the amendment in question would have required emissions targets to be set 10 years in advance.

People who are familiar with the workings of Parliament and committees can probably guess what happened next. If an amendment is rejected, any subsequent amendment that says the same thing is automatically removed from the list because the committee has already expressed its will on the matter. The Liberals and New Democrats are so staunchly opposed to any amendment other than their own that they ended up killing one of their own amendments.

What followed was an absurd exchange during which the member for Skeena—Bulkley Valley proposed a new amendment that would require targets to be set 9 years and 366 days beforehand, instead of 10 years. I am not giving this example to poke fun at the Liberals and the New Democrats, even if it was funny, but because it shows to what extent they were reluctant to consider changes that were not theirs.

What were some of the reasonable changes we proposed? I think Canadians would like to know.

First, we think that solving the very real problem of climate change must be done through a whole-of-government approach. The federal government is famous for operating in silos. One group or department that is responsible for a problem or a particular issue does not usually work with others, or does not coordinate with them. I am sure anyone who has worked in Ottawa or for the federal government has many stories about this. That cannot happen when it comes to tackling climate change. Everyone must work together.

Of course, Environment and Climate Change Canada is the key department, but it also needs to coordinate with the departments of industry, finance, natural resources, employment, crown-indigenous relations and many others. We therefore proposed a series of straightforward amendments to remove the powers to set targets, create plans and approve reports from the Minister of Environment alone and include the entire cabinet. The Minister of Environment would recommend policy to cabinet, but cabinet would ultimately decide how to move forward. This is not exactly reinventing the wheel.

That is generally how policy is made in government: Silos are broken down as much as possible and other departments are included.

Perhaps the Minister of Environment did not consider the impact on industry, jobs and indigenous peoples. Bringing together cabinet to make decisions about these objectives and plans is the right thing to do. Unfortunately, the Liberals and the NDP even refused to debate, and they rejected every amendment we proposed for that purpose.

In their dream world, the Minister of Environment and Climate Change is an omnipotent figure who dictates every policy by decree. That is not how the Conservatives want to manage things. We believe in collaboration and the importance of working together, especially on the issue of climate change.

Another set of amendments that we proposed would have added that, when objectives were set or plans formulated, the minister would be required to balance social and economic factors, including the impact on employment and national unity. Climate change is real, and we absolutely need everyone to work hard to address it.

We cannot accomplish this by blowing the top off Canadian industry and the well-paying jobs that support Canadian families. We need to look at the big picture and make decisions that will improve the lives of all Canadians. That includes Canadians in the regions that will be most affected by these policies. Our country is stronger together, and we must do all we can to keep it that way. A government that is bent on destroying a region's main industry is not a government that knows how to build a nation. Therefore, it seems to me that examining how these policies will impact these factors would be a good idea.

However, the Liberals and the New Democrats refused to so much as debate the subject and rejected all the amendments, which, frankly, surprised me. The government loves to talk about how the green economy will create so many jobs. If that were true, our amendment would allow the government to brag about it, would it not? Instead, they rejected it. Why? Because it came from the Conservatives.

We then suggested that the progress report include the greenhouse gas emissions and sequestration from non-anthropogenic or non-human factors. This would include the amounts sequestered by our vast unmanaged forests and prairies and emissions from such things as forest fires and methane releases from melting permafrost. I personally feel that we cannot make a plan unless we have the full picture. Canadians often ask me what impact our forests have on emissions. Although this information is available in some places, it would be much easier for Canadians to have access to it in the main reports. Again, this seems like an obvious thing to include, but the Liberals and the NDP voted against it without debate.

After that, we proposed another great addition. As people know, Canada is a federation, and the provincial governments control many of the policy levers that are needed to achieve our climate goals. They manage the resource sector, the electrical grid and the building code.

We wanted the assessment reports to include a summary of the measures taken by the provincial governments to achieve the national greenhouse gas emissions targets.

Again—

June 21st, 2021 / noon
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Conservative

Colin Carrie Conservative Oshawa, ON

Thank you, Mr. Chair.

Mr. Therrien, I want to thank you for a number of things.

First of all, thank you for accepting an extension of your term. I think your institutionalized knowledge right now is extremely important. One of the things I'm getting a lot of emails about is trust—Canadians trusting the government. I think some of it's warranted, and some of it may not be warranted. I see you as somebody who is standing up for Canadian privacy rights. You mentioned privacy as a human right. Constituents of mine are concerned about that.

I would like to address a couple of those concerns with you now.

Mr. Barrett brought up the vaccination passport and whatever that's going to be in Canada. I was a little disturbed to hear that though you've been consulted, you really haven't been brought in on whatever it will turn out to be. There are meetings later in the week, you said, but the government is already making announcements on it today.

I'm going to be doing a survey in Oshawa on it, because I'm getting emails from some people who think the idea of some type of a vaccine passport is reasonable and sensible. Others say it's a bad precedent and are concerned about civil liberties and their privacy. With the whole thing about censorship and Bill C-10, people seem to be concerned.

Do you have some advice about what we could put in place to make sure that we talk about the Canadians who do have privacy issues or perhaps religious, health or conscience issues as we move forward with this type of vaccine passport?

June 21st, 2021 / 11:55 a.m.
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Bloc

Martin Champoux Bloc Drummond, QC

You lowered the average, but you recovered nicely afterwards, and so much the better.

What I am getting at is how important investing in culture is, and you talked about that.

We just completed a study on Bill C‑10, where we were trying to showcase the value of our artists and content creators. We often hear the rhetoric that artists are living off grants and not bringing in any money. But that is completely false.

I would like to hear your thoughts on this. You said that investing in culture is profitable in terms of the big picture. However, that message is not getting across.

Criminal CodePrivate Members' Business

June 18th, 2021 / 2:05 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, shame on the member for the interruption.

I have debated this issue. I have supported this issue's advancement, and I suspect that it will get through second reading at some point, as other private members' bills will. If there is keen interest such as I have heard today on the floor of the House from all members, I would suggest that they raise the issue with their respective House leadership teams. Maybe there is a way in which it can be accommodated.

Is this select group now going to prioritize all the other areas and bills that are before us and say these ones too should be rushed through the House of Commons without debate, let alone some debate? I could list Bill C-6 on conversion therapy. I could talk about Bill C-30, which is going to help millions of Canadians, many of whom are in desperate situations. Then there is Bill C-12, on net zero and the environment, and Bill C-10. That does not even go into the many private members' bills from many of our colleagues who are very interested in advancing their ideas, resolutions and bills.

That does not take away from the importance of the debate on this bill. I suspect that when it comes to a vote, every member will likely vote for it as they did previously. The ones who are trying to score political cheap shots today are the opposition parties. In the days going into summer, this is brought to the table. If the people who are pushing for this legislation really wanted to do a service for the audience, there is a better way of doing it. I suspect some of them know that, but they have chosen to do this in their partisanship, while saying the Liberal government is preventing it.

Out of respect for some of the individuals I have referenced, I will work within my caucus, as I know my colleague from Toronto who spoke prior to me will. We understand what the bill and the legislation will do, but we also understand that after today there are three days left of this session before we break for the summer. There are still opportunities to try to shame one political entity into unanimous consent for personal or political views, or to try to make others look bad. I believe that the manner in which this issue is being dealt with today is just wrong.

I have been on House leadership teams for 30 years. It would be nice to see this bill passed at all stages. If that is possible, then I would really recommend that members watching or participating use that same passion in talking to their House leaderships. There might even be some other members who have other ideas for legislation that may be important to them and to Canadians, and that could allow us to set a good example around the world.

Canada taking action can have a positive outcome for other nations. I recognize that, but I also recognize that at the end of the day, in order for us to succeed we have to have a process. If we are respectful of the process and work in collaboration as parties, we could probably achieve a lot more, as we did for the private member's bill the first and second go-round.

I would invite members who are following the debate to participate in a discussion afterwards with regard to how I feel, using my expertise, about what could be done with regard to this legislation.

I suggest this as an open gesture of goodwill, because I, like the former Liberal speaker, support the legislation.

Criminal CodePrivate Members' Business

June 18th, 2021 / 1:40 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and Minister of Intergovernmental Affairs and to the Leader of the Government in the House of Commons

Mr. Speaker, my question to the member is related to the request he has asked of the House. Would he agree that what he was attempting to do is best done through House leadership teams, where they can try to see if it is possible to do what he has requested?

For example, would the member support the quick passage of Bill C-30, which is the budget bill, given the implications for the pandemic and supports for Canadians? Would he support such a measure for Bill C-30, Bill C-6, Bill C-10 and Bill C-12?

Budget Implementation Act, 2021, No. 1Government Orders

June 18th, 2021 / 10:55 a.m.
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Liberal

Gary Anandasangaree Liberal Scarborough—Rouge Park, ON

Madam Speaker, this is important legislation, as is Bill C-12, Bill C-10 and Bill C-6. They contain important value-based measures for Canadians that we need to pass before we rise for the summer.

Business of the HouseOral Questions

June 17th, 2021 / 3:40 p.m.
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Honoré-Mercier Québec

Liberal

Pablo Rodriguez LiberalLeader of the Government in the House of Commons

Mr. Speaker, I want to thank my colleague and also thank and congratulate André Gagnon for his invaluable help and his kindness. I wish him a happy retirement.

To answer my esteemed colleague's question, this afternoon we will finish the debate on the opposition motion. This evening we will debate and vote on the estimates.

Tomorrow we will resume debate at report stage of the same bill, Bill C‑30, budget implementation act, 2021, no. 1.

Next week, priority will be given once again to Bill C‑30 at third reading stage because it is absolutely essential. We want to send this bill to the Senate as soon as possible of course.

Our other priorities will be Bill C‑12 on net-zero emissions, Bill C‑10 on broadcasting and Bill C‑6 on conversion therapy.

In closing, since this is my last Thursday statement before the House rises for the summer, I would like to thank you, Mr. Speaker, for the incredible and at times difficult work that you did all year to guide us in these hybrid sittings of the House, which added an extra challenge. I also want to thank the clerks, the interpreters, the support staff, the pages and all the parliamentary staff without whom we would absolutely not be able to do our job every day.

Many thanks to all of you.

Freedom of SpeechPetitionsRoutine Proceedings

June 16th, 2021 / 4:20 p.m.
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Conservative

Dave Epp Conservative Chatham-Kent—Leamington, ON

Mr. Speaker, it is my honour to rise today to present e-petition 3393 on behalf of many Canadians, particularly those from my riding of Chatham-Kent—Leamington.

The petitioners are extremely concerned that Bill C-10 unjustly infringes on citizens’ right to freedom of expression outlined in section 2(b) of the Charter of Rights and Freedoms, particularly that the speech Canadians engage in on digital platforms is crucial to their conveying of their basic individual expressions. Bill C-10 would provide the CRTC with the authority to control and regulate user-generated content on digital platforms that Canadians use every day and censor what Canadians post and see on social media and the Internet, providing it with sweeping powers over how Canadians communicate and express themselves online.

These Canadians want their rights upheld and due process followed. I commend you, Mr. Speaker, for so ruling yesterday.

Opposition Motion—Amendment to Section 45 of the Constitution and Quebec, a French-speaking NationBusiness of SupplyGovernment Orders

June 15th, 2021 / 3:20 p.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Mr. Speaker, this is one of the elements at the heart of Bill C-10, the discoverability of Canadian artists; francophone artists by anglophones in Canada, anglophone artists by francophones in Quebec or elsewhere in the country; the discoverability of indigenous artists, which are starting to emerge in different fields, whether it be music, dance, contemporary art; and so many other elements of our vibrant artistic scene.

That is why it is so important we adopt Bill C-10. That is why APTN and other indigenous organizations across the country have asked for the adoption of Bill C-10 as have quite a number of artistic and cultural organizations.

Opposition Motion—Amendment to Section 45 of the Constitution and Quebec, a French-speaking NationBusiness of SupplyGovernment Orders

June 15th, 2021 / 3:20 p.m.
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Liberal

Ken Hardie Liberal Fleetwood—Port Kells, BC

Mr. Speaker, a number of years ago a good friend gave me a really lovely collection of Canadian folk songs. In it are forgotten tunes from Quebec, which are absolutely delightful. It made me think that perhaps one of the best and most positive aspects of Bill C-10 was the notion that more of this Canadian content would be made discoverable to Canadians outside of Quebec, which would be an enriching experience right across the country.

Opposition Motion—Amendment to Section 45 of the Constitution and Quebec, a French-speaking NationBusiness of SupplyGovernment Orders

June 15th, 2021 / 3:10 p.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Mr. Speaker, I was saying that I want to take this opportunity to talk about how our government is supporting Quebec's unique and vibrant cultural sector.

I think all members will agree that, owing to its excellence and diversity, this sector plays a key role in promoting the French language both in Quebec and across Canada, and even beyond our borders.

It is no secret. Thanks to globalization and technology, our artists are finding audiences in every country around the globe. In fact, our government eagerly promotes Quebec culture internationally, in addition to making it part of our diplomacy.

We are also making sure that we do not drown in the ocean of U.S. culture, and our Bill C‑10 is helping us with that. A big part of the mandate that the Prime Minister has given me as Minister of Canadian Heritage covers areas of shared jurisdiction with the provinces and territories.

Hand in hand with Quebec, we have developed many of our cultural flagships. Together, we can continue to showcase our culture, while also ensuring that Quebeckers and all Canadians have an arts scene that reflects them and their stories in their language.

Our partnership advances our shared interests in different ways using a variety of collaborative mechanisms. All our levels of government are currently involved in extensive discussions, and we have very productive relationships. We already work together closely in many areas, such as cultural infrastructure, audiovisual production funding and arts funding in general. Our collaboration includes Canadian Heritage and the agencies and Crown corporations I am responsible for, such as the Canada Council for the Arts, Telefilm Canada, the National Film Board of Canada and a number of national museums.

The COVID‑19 pandemic hit our cultural sector hard, harder than almost any other economic sector. Many stakeholders and residents of my riding expressed their support and appreciation for the initiatives rolled out to support the sector during this public health crisis. We worked hand in hand with our provincial and territorial partners to do this essential work, each partner's actions complementing the other's to ensure the survival of organizations and directly support artists and workers in the cultural sector.

Since people had to stay at home for many months, musicians, singers, actors, stage technicians and other industry professionals found themselves out of a job. Our museums, art galleries and theatres had to close their doors.

Over the past year and a half, my team, the public servants at Canadian Heritage and I kept in regular contact with our provincial and territorial colleagues through frequent intergovernmental and bilateral meetings, telephone calls, video conferences and written correspondence.

Our federal, provincial and territorial forum on COVID-19 gave us an opportunity to work together so we could share best practices, discuss what we had heard from our respective stakeholders, and do our best to ensure that no one slipped through the cracks, cracks that we all worked hard to fill along the way so that no one would be left behind.

For decades, the Government of Canada has been supporting Quebec's cultural industry through significant, ongoing investments. Combined with the action taken by the provincial government, these investments led to impressive, undeniable results. This solid tradition of support continued during the pandemic when both Ottawa and Quebec City stepped up to help our cultural industry.

In June 2020, the Government of Quebec announced its $400‑million economic recovery plan for the cultural sector, from film and television production to music and festivals. There have been many announcements of additional support since.

For our part, our government has offered unprecedented targeted support. On May 8, 2020, I announced new emergency funding for cultural, heritage and sports organizations. This $500‑million emergency funding has helped maintain jobs and support business continuity for organizations whose very viability was in jeopardy because of the pandemic, allowing them to survive this crisis.

Of this $500 million, $412 million went to the culture and heritage sector, with $114 million, or more than 30%, going to Quebec.

That proportion reflects the historical strength of Quebec's cultural sector and the support it receives from the federal government, thereby ensuring the survival of the French language. More specifically, Quebec stakeholders received nearly a third of the emergency funding allocated by the Canada Council for the Arts, the Canada Arts Presentation Fund and the Canada Arts Training Fund. In the same vein, Quebec stakeholders received over 55% of the emergency funding allocated by the Canada Book Fund, as well as 25% to 35% of the funding available for the subsectors of magazine publishing, new media, television and radio.

Our government committed to supporting the arts throughout the recovery period. It is developing a strong recovery plan for everyone. Back in the fall of 2020, we created a $50‑million compensation fund for Canadian film and television production to stimulate the recovery of this sector, which supports tens of thousands of jobs across the country, many of them in Quebec. Since then, this fund has been doubled to allow for even more filming in the months to come.

Subsequently, the 2020 fall economic statement provided an additional $181.5 million for the performing arts sector. This investment will help artists begin to create works that can be presented once the restrictions are lifted, cover additional expenses for the presentation of shows that comply with health guidelines, and allow our creators to develop their digital offerings, in addition to stabilizing the theatre, dance, festival and music sectors.

The last budget went a step further with an historic $1.5‑billion investment to assist the cultural sector's recovery. In addition to these targeted investments, various universal programs have also played a critical role in the survival of organizations and direct support for artists, creators and other cultural workers.

We already had the Canada emergency wage subsidy, the Canada emergency rent subsidy and the Canada emergency response benefit, and now we have the Canada recovery benefit. Without these measures that our government has deployed, far too many would simply not have made it through the past 18 months.

Thanks to the vaccine rollout currently taking place at a steady pace across the country, we can look forward to the coming months with some optimism. The coming months will offer us opportunities to share our culture, both with Canada and with the world.

One example is the Frankfurt Book Fair this fall, at which Canada will be the guest of honour. By participating in the book fair, we can generate more international interest in our authors by showcasing creative content from Quebec and Canada to the rest of the world.

As I said earlier, the Department of Canadian Heritage has a long tradition of supporting Quebec's cultural sector, dating back well before the pandemic. For the 2019-20 fiscal year, Heritage Canada paid a total of $240 million in grants and contributions to Quebec-based organizations, including $101 million for culture, $73 million for official languages, $21 million for heritage and celebrations, $17 million for sports, and $9 million for diversity and inclusion.

Agencies connected to the department, such as the Canada Council for the Arts, Telefilm Canada and the Canada Media Fund, made financial contributions as well. Quebeckers identify strongly with many of these agencies, which have become veritable cultural institutions in their own right.

Just look at Radio‑Canada and the National Film Board, which have played and continue to play a very important role in the development and success of Quebec's cultural sector and Quebec society as a whole. These federal agencies help create jobs for thousands of people in Quebec and across the country. They are essential to the vitality of Quebec's film and television industry.

Funding for cultural projects and initiatives has also been provided. One such example is the Diamant theatre project. Two federal programs contributed funds to help a talented and world-renowned creator fulfill his dream in the heart of beautiful Quebec City. The investing in Canada infrastructure program contributed $10 million, and the—

The EconomyOral Questions

June 15th, 2021 / 2:30 p.m.
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Conservative

Pierre Poilievre Conservative Carleton, ON

Mr. Speaker, yesterday, the finance minister decided to delay her own budget by punting debate on that budget in order to ram through Bill C-10, this at a time when our unemployment is higher than the U.K., the U.S., Japan, Germany, the G7 and OECD, and there are half a million missing jobs. That same budget said that all the pre-COVID jobs would be recovered by this month.

Will the finance minister keep her word and guarantee that every single pre-COVID job will be recovered by this month when the numbers come out early next month?

Opposition Motion—Amendment to Section 45 of the Constitution and Quebec, a French-speaking NationBusiness of SupplyGovernment Orders

June 15th, 2021 / 12:25 p.m.
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Bloc

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

Madam Speaker, I would like to start by marking the 30th anniversary of my wonderful political family, the Bloc Québécois. Officially born at a founding convention on June 15, 1991, the Bloc Québécois has been the only federal political party dedicated solely to defending the values and interests of Quebeckers for the past three decades.

I would also like to point out that the first member elected following the creation of my riding of Laurentides—Labelle in 2003 was Bloc Québécois MP Johanne Deschamps, who served three terms between 2004 and 2011. It was in fact from Ms. Deschamps that I got to learn the trade. I worked as her political aide from 2009 to 2011. I have learned a lot over the past few months, and I am still learning. It was a privilege to have this experience.

The women and men who make up the great Bloc Québécois family have been working for 30 years. I just want to take a minute to show just how proud we can be of our achievements.

The Bloc Québécois is working for Quebec culture. For example, there is Bill C‑10, so ably defended by the member for Drummond.

We are working for agriculture, particularly through my esteemed colleague from Berthier—Maskinongé's sustained defence of supply management.

We are striving to protect the environment by frequently speaking in favour of climate accountability and ending federal subsidies for fossil fuels. This cause is being championed by the all-female duo of the members for Repentigny and Avignon—La Mitis—Matane—Matapédia.

We are working for Quebec's economy by presenting demands and applying pressure to obtain a real federal aerospace policy, support the development of Quebec's forestry industry and defend our Quebec businesses. My colleagues from Joliette, Saint-Hyacinthe—Bagot and Jonquière are doing remarkable work on these issues.

We are working for border security by calling for oversight of border management. I am thinking of our member for Avignon—La Mitis—Matane—Matapédia among others.

Of course, we are working for the sound management of government business by holding the government's feet to the fire on issues that represent a conflict of interest, whether it is the partisan appointment of judges or the awarding of contracts to Liberal friends. I salute the hard work of my colleague from Rivière-du-Nord. I have been working alongside him for the past 14 months.

I would like to highlight the Bloc Québécois's efforts to improve employment insurance by proudly proposing to increase the number of weeks of sickness benefits. I salute my colleague from Salaberry—Suroît and her Émilie Sansfaçon bill.

We are working for health care by continuing to demand that the government increase health transfers. My colleagues from Montcalm and Joliette are working on this file.

We are also working for seniors by continuing to press for an increase to old age security. I want to commend my colleague from Shefford for her work on this file.

Today is a big day, a very important day for us. On this, our party's 30th anniversary, we have moved a motion stating:

That the House agree that section 45 of the Constitution Act, 1982, grants Quebec and the provinces exclusive jurisdiction to amend their respective constitutions and acknowledge the will of Quebec to enshrine in its constitution that Quebeckers form a nation, that French is the only official language of Quebec and that it is also the common language of the Quebec nation.

Today we are not asking the House whether it agrees with Bill 96 or whether it thinks Quebec should enshrine in its constitution that Quebeckers form a French-speaking nation. We are calling on the House to acknowledge a reality.

The amending formula to section 45 allows, or rather would allow, since I am hoping to hear in all the speeches that each and every one of us supports the motion, Quebec and every other province to amend its Constitution. That is a fact. Quebeckers chose to use this tool to enshrine in their constitution that they form a nation, that French is the only official language of Quebec and that it is also its common language. That too is a fact. I remind the House that our motion merely asks that the House agree, as I said before, that Quebec has the right to do this and that the motion basically uses the wording of the Constitution Act, 1982.

To clarify the terms of our motion for those watching, I will simply give the example of the term “nation”. A bit of research will tell us that, when applied to a state or territory, it can be synonymous with “country”. That is what we mean when we speak of the United Nations, of which Quebec cannot be a member because it is not sovereign.

The motion states that Quebec is a nation. What does that mean? It is not about becoming a country. The motion calls on the House to recognize that Quebeckers form a nation. The Larousse dictionary defines the word “nation” as a large community of people, typically living within the same territory and having, to a certain extent, a shared history, language, culture and economy. The Robert dictionary defines “nation” as a group of people, generally large, characterized by awareness of its unity and a desire to live together. This is what today's motion is all about. I do not know what my colleagues think, but it makes me think a lot about Quebeckers and what we are experiencing today.

No matter how we turn the question over, it is obvious that Quebeckers form a nation, especially since October 30, 2003, when the Quebec National Assembly unanimously adopted the following motion: “That the National Assembly reaffirm that the people of Québec form a nation.” We agree that passing this motion will reinforce the consensus in Quebec.

There is a reason the Quebec National Assembly specified that it was reaffirming the existence of the nation of Quebec. In fact, this resolution reiterated what all Quebec governments have been saying for decades, namely, that the Canadian confederation is a treaty of union between two nations. Members spoke about this earlier.

Obviously, Quebeckers' conception of their nation has changed over the years. We see ourselves less and less as a minority within Canada and increasingly as a separate nation with its own territory called Quebec and a national government called the Government of Quebec.

Anyone who joins us on this great adventure to build a French-speaking society in North America is as much a Quebecker as the descendants of the 17th-century French colonists, and that is a good example of the Quebec nation's inclusiveness.

In closing, I would like to talk about an experience I had a few days ago. I want to recognize Jessy Gareau, a young graduate from the Centre collégial de Mont‑Laurier who signed an open letter in the Journal de Montréal. He is only 21 years old and he wrote the following, and I quote: “to adopt the necessary measures in our time to save French in Quebec”.

I commend Jessy, and I am sure that—

Admissibility of Amendments in the Fifth Report of the Standing Committee on Canadian Heritage —Speaker's RulingPoints of OrderGovernment Orders

June 15th, 2021 / 12:15 p.m.
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Liberal

The Speaker Liberal Anthony Rota

I would like to thank the member for Banff—Airdrie for his point of order raised yesterday regarding admissibility of amendments made to clauses 8 to 47 of Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, by the Standing Committee on Canadian Heritage, and contained in its fifth report.

The member argued that by putting the question on amendments after the expiry of the time provided for in the time allocation order of the House, the committee went beyond the provisions of the order. Accordingly, he asked the Chair to strike out from the report the amendments adopted to clauses 8 to 47 of the bill. In addition, he asked the Chair to rule out of order the amendment introducing new clause 13.1 because it was outside the scope of the bill.

Several principles come into play when considering the first issue of this point of order.

Time allocation allows for specific periods of time to be fixed for the consideration of one or more stages of a public bill. Its main effect is to determine a set amount of time for debate.

As was recently pointed out, we have few examples of time allocation motions applied to committee consideration of bills. Until last week, we had no example of such a motion being adopted since February 2001, when the House made important Standing Order modifications in regard to committee consideration of bills and the selection of report stage motions. There are few precedents involving the imposition of such an order on a committee.

The Chair is generally reluctant to involve itself in committee matters unless something extraordinary has occurred. This reluctance is even greater when the committee has not provided any insight through a substantive report to the House. While it is also generally understood that committees are masters of their own proceedings, this principle is not unlimited.

We know for instance that the Speaker may be asked to intervene when committees exceed their mandate when considering legislation. This is usually with respect to the procedural admissibility of amendments.

The member for Banff—Airdrie referred to page 779 of House of Commons Procedure and Practice, third edition, in his intervention. Were the principle and scope of the bill respected? Was an amendment infringing on the royal recommendation, or was it relevant? These are matters of interest for the Chair.

On June 7, the House adopted a time allocation motion concerning Bill C‑10 so that no more than five additional hours of debate be allotted to the Standing Committee on Canadian Heritage. At the expiry of the limit, after which the proceedings were to be interrupted, and I quote, “every question necessary for the disposal of the said stage of the bill shall be put forthwith and successively, without further debate or amendment.”

There is no question that the House, by adopting a time allocation motion, has decided to limit the study of the bill in committee. The committee continued its study of the bill, and committee members debated and proposed amendments until the end of the time allocated.

When the committee reached the five-hour mark, it had to interpret the House order and reconcile it with the decisions previously taken in regard to the amendments put forward by both independent members and committee members, as well as context surrounding its consideration of the bill.

The House order is silent about the amendments submitted by independent members deemed moved in the committee and about amendments for which committee members had given notice and that had already been distributed to members but not yet proposed.

Ultimately, the committee decided that all amendments received prior to its five-hour deadline would be put to a vote, but that no further amendments or subamendments would be considered.

It is clear that the committee considers all the clauses of the bill and that amendments submitted by representatives of all the recognized parties, as well as by a member belonging to a party that is not recognized, were proposed for the vast majority of them after the five-hour deadline had passed. The Chair is not empowered to pronounce itself on the circumstances surrounding the study of these amendments, it can simply note the result.

As mentioned earlier, the precedents in regard to the interpretation by a committee of a time allocation motion are very few. That said, in the view of the Chair, the terms of the House order were clear and stated that, at the expiry of the five hours, no further debate ought to take place nor amendments moved or adopted.

I therefore rule that the committee exceeded its authority by putting the question on amendments after the five-hour mark. However, in the list of amendments made to clauses 8 to 47, the Chair notes that the amendment made to clause 23, which added text to line 7 on page 20 and replaced line 8 on page 24 of the bill with new text, was the consequential result of an amendment previously adopted by the committee to clause 7 of the bill. Accordingly, this amendment will stand.

All other amendments made to clauses 8 to 47 are declared null and void, and will no longer form part of the bill as reported to the House. In addition, I am ordering that a reprint of the bill be published with all possible haste for use by the House at report stage to replace the reprint ordered by the committee.

Finally, with respect to the amendment that created new clause 13.1, I would agree with the member that this modifies a section of the Broadcasting Act that was not covered by Bill C-10. As such, it is a violation of the “parent Act” rule and it goes beyond the scope of the bill. Consequently, it is also declared null and void and will not form part of the bill. Report stage, the next step in the legislative process for this bill, will accord an opportunity for amendments to the bill to be made.

I thank the House for its attention.

Opposition Motion—Amendment to Section 45 of the Constitution and Quebec, a French-speaking NationBusiness of SupplyGovernment Orders

June 15th, 2021 / 11:30 a.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, I am pleased to be able to ask my question again, because I did not get an answer at all. I heard the hon. member talk about the importance that his party seems to place on the myth that Bill C‑10 would infringe on freedom of expression, but that was not the point of my question at all. I wanted his opinion on the importance that should be placed on protecting francophone and Quebec culture in the legislation that is voted on here in the House of Commons, and particularly on the urgent need to pass a bill, such as Bill C‑10 on broadcasting, in which specific regulations and a specific framework would be enshrined to protect francophone culture.

That is really what I want to hear from the hon. member, not rhetoric about freedom of expression. We have already heard a lot of that.

Opposition Motion—Amendment to Section 45 of the Constitution and Quebec, a French-speaking NationBusiness of SupplyGovernment Orders

June 15th, 2021 / 11:25 a.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, the member did give us a nice history lesson.

Today we are talking about the French language and about Quebec and francophone culture, and we are also in the midst of a rather heated debate on Bill C‑10, an important part of which is designed to protect francophone culture. However, there is a lot of opposition to this bill in my colleague's party.

I would like to hear my colleague from Chicoutimi—Le Fjord speak to how important it is to protect francophone culture through laws, such as the Broadcasting Act, which we are in the process of reviewing.

Government Business No. 10—Broadcasting ActGovernment Orders

June 15th, 2021 / 12:40 a.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, how is this possible?

At the beginning of her speech, my colleague said that she was an artist, a composer, so how can she not automatically be excited about the idea of promoting the talents of Canadian and Quebec artists? That is the purpose of Bill C‑10. The bill is designed to ensure that multinational digital corporations, the web giants, are subject to the same regulations that the traditional Canadian broadcasters have almost always been subject to. Bill C‑10 is good for artists and good for the cultural community.

I sincerely wonder why my hon. colleague does not support and embrace this bill, like the majority of Canadian artists do.

Government Business No. 10—Broadcasting ActGovernment Orders

June 15th, 2021 / 12:25 a.m.
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Conservative

Nelly Shin Conservative Port Moody—Coquitlam, BC

Madam Speaker, I will be sharing my time with the member for Sherwood Park—Fort Saskatchewan.

I would like to present today's speech based on the perspective I bring from my previous profession as an artist.

Being a professional artist, whether a composer or writer, is an extremely difficult vocation to pursue, attain and sustain. There is a huge gap between those who have talent but have not been able to get their big break, and those who have found stardom. Secure gigs as staff writers or contracts to long-term projects are limited and competitive, and most artists pursue other careers to pay their bills.

As a composer, I have been around creative people most of my life. Artists are dreamers with a lot of discipline with their art and tireless hope to find their rainbow's end. They give their best performances whether for a three-member audience at an open mike or at an outdoor concert with hundreds of listeners. Artists do not tire of doing their best and following their dreams, because they are driven by the love of creating and the dream of sharing their work with a captive audience. For most artists, it is a labour of love.

A talented artist gets their big break when they are discovered by a large enough following that will help their career become sustainable. That is why songwriters want their music to eventually make its way to radio, television and film, and writers want their stories on TV and the big screen. However, anyone who has navigated the entertainment industry knows that there are gatekeepers who ensure media platforms give precedence to major players and minimal opportunity to the small players. They also base their content on market reach and capital.

At the end of the day, we call them the arts, but they are a business that uses the arts for capital. I am speaking neither for nor against this. There is room for commerce and art to contribute to economic prosperity together. What I am concerned about is the inequity of opportunity when industry gatekeepers determine the culture of a nation because of their mass reach. It is not a level playing field for artists who have a lot of talent and simply want to express themselves without having to succumb to the matrix for marketability that large corporations define.

Broadcasters and artists continue to have a symbiotic relationship, but not all artists are welcome to participate in this symbiotic relationship. Having CanCon regulation is a good thing to the extent that it safeguards Canadian content, but in practice CanCon is applied by corporations to Canadians who have already found their success to a large degree and who fit the marketability matrix. Fortunately, with or without CanCon, Canadians artists are still rising to the top and I am pleased by the diversity of content that broadcasters are tapping into today. There has been progress.

The digital world turned the entertainment industry upside down. It allowed independents to enter the arena without having to pass through gatekeepers. With fewer CD and DVD sales, big-name entertainment corporations and independents turned to download sales, but download sales were hurt by pirated content. With the shift to online streaming, the revenue source for creative content producers has become fluid with the prominence of Internet usage. Now Canadian broadcasters are also threatened by foreign players, as foreign content enters the Canadian digital market.

In response, the government may have thought to update the Broadcasting Act by increasing discoverability for artists and levelling the competition for broadcasters, and voila: here is Bill C-10. Originally, Bill C-10 was supposed to level the playing field by regulating large online streaming services, such as Disney+, Netflix and Amazon, to meet Canadian content requirements, just as for Canadian radio and television stations.

Through the Broadcasting Act, the CRTC is given power to issue broadcast licences to allow radio and TV stations to operate, and to regulate broadcasting while meeting conditions on the kinds of programming they can air and community standards. A portion of their programs, often 20% to 40%, is allotted to be Canadian content, and broadcasters can also be mandated to pay licence fees and contributions to the Canada media fund: a federal agency that subsidizes Canadian television and film.

The update that Bill C-10 proposes is a new category of web media called “online undertakings”, which would give the CRTC the same power to regulate the web that it has for traditional TV and radio stations without having to apply for licences. It seems simple and straightforward, but there is a glitch that could turn this seemingly benevolent piece of legislation into a Trojan horse.

Bill C-10 defines web media as “an undertaking for the transmission or retransmission of programs over the Internet for reception by the public by means of broadcasting receiving apparatus”. This definition is so vague that it could include everything from Amazon Prime to anyone with a website or a podcast. Programs under the Broadcasting Act are defined to include images, audio or a combination, of which written text is not predominant. This would refer to podcasts, photos, videos and memes, but not the written content on news articles and posts. It could include everything from a multimillion dollar film produced for Netflix to a 15-second pet video on TikTok.

I was shocked to learn that, while Conservative heritage committee members proposed an amendment to Bill C-10 to set some safeguards to limit regulations to online undertakings with more than $50 million a year in revenue and 250,000 subscribers in Canada, which would apply only to large streaming services, the Liberals rejected it. That means that not only was the government aiming at big companies but also that broadcasting is now being used to control everyday Canadians.

Section 2.1 and section 4.1 were two exemptions in Bill C-10 for social media. Section 2.1 refers to users who upload onto social media platforms. Thus, the user would not be subject to conditions like Canadian content requirements or contributions to the Canada Media Fund, which the CRTC would impose.

That exemption remains on Bill C-10, but section 4.1 was taken out of the bill. It dealt with the programs that users upload on social media, indicating that the CRTC and the Broadcasting Act could not regulate programs that only consist of user-uploaded programs, but the Liberals removed that section in the bill.

In summary, section 2.1 regulates speakers, while section 4.1 regulates speech. With the deletion of 4.1, the CRTC can regulate the content uploaded on social media and also regulate the social media platforms that allow users to publish content, just as it regulates content licensed on regular traditional stations.

The Liberals keep telling Conservatives that 2.1 will safeguard users, but the absence of 4.1 removes a safeguard from content. Bill C-10 has expanded the powers of the CRTC and the Broadcasting Act to provide grounds for the CRTC to adopt regulations requiring social media sites such as YouTube to remove content it considers offensive and discoverability regulations that would make them alter the algorithms to determine which videos are seen, more or less. Violations for these regulations could be very high for the individual and the corporation. These are the details of concern. I take issue on the infringement of personal freedoms and freedom of expression of Canadians. Even the B.C. Library Trustees Association is saying it needs clause 4.1 back. These are librarians and libraries.

As I mentioned earlier in my speech, the gap between artists and their audience is discoverability, but if the discoverability is regulated through controlled algorithms, then it creates yet another barrier for artists. Why should the CRTC define what listeners should discover instead of allowing audiences to determine that for themselves? Why is the government trying to bring a barrier between artists and their audiences?

The minister keeps saying they want Canadians to tell their stories, but why is there a gap in the bill that would allow someone or an entity to determine which stories are to be discoverable? Artists have already faced an industry that was dominated by large companies to determine what was worthy of discovering and promoting through broadcasting giants, so why should the CRTC be given access to gatekeep discoverability?

The minister says he wants to protect the languages of minorities, but the minister should know that much of ethnic programming is created by underfunded, independent producers who never see any advertising money because it goes straight to the network. Where is the support these independent grassroots producers need? Again, the small players are left behind.

The minister says artists have said Conservatives are not supportive of them, but who is the minister speaking with? I do not think he has the numbers of small players on speed dial. Were they consulted for this bill? If any artist thinks that Conservatives are not supportive of artists, it is because the Liberals have created this wedge by refusing to reinstate 4.1. They are forcing Conservatives to bow for democracy, and we are the only ones who seem to be doing that. The Liberals have created a custody battle that I do not want to be a part of.

I want to support content, and I want to support our broadcasters, but why does it have to be a battle between choosing between them and democracy? We put forward a motion at committee calling for new charter statements to be provided, but the Liberals voted to shut it down.

I cannot help but wonder if the Liberals have an agenda for omitting 4.1. Artists who are still striving to find a rainbow are discriminated against and exploited. They face financial instability for following their hearts. Most will never get fully compensated for the investments they have made in their careers.

If the Liberals had simply fixed 4.1, I would not have my suspicions. The fact that they have not done something so simple with something that was originally there, makes me come to the conclusion that they are playing political games against Conservatives, at the expense of struggling artists.

Government Business No. 10—Broadcasting ActGovernment Orders

June 15th, 2021 / 12:10 a.m.
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Conservative

Warren Steinley Conservative Regina—Lewvan, SK

Madam Speaker, I will start from the beginning because I do not think we can pay honour to our fallen RCMP officer enough. For colleagues who missed it, this is the first time I have been on my feet since an RCMP officer in Saskatchewan was run over and killed in the line of duty. My thoughts and prayers are with Constable Shelby Patton's family.

I know his brothers and sisters are thinking about him. When one member is lost, the whole team is affected across the country. On behalf of the constituents of Regina—Lewvan, all Conservatives and all members in the House, our thoughts and prayers are with the Patton family. God bless them, and hopefully they can get through this very difficult time.

Moving on to Bill C-10, the bill talks about how we have to really make sure the rule of law is in place in our country. The member for Calgary Skyview brought up some very good points when asking the member for Yellowhead a question. There is a very diverse community in Calgary Skyview and the member talked about how many people have come to Canada because they see it as a beacon of light, a beacon of freedom, where people are not afraid to express themselves. They are not afraid to get in trouble with their government if they say something. We should always strive to be that beacon of freedom in Canada, where people are allowed to express themselves and have the freedom to put whatever they want online, where people can have independent thoughts without fear of government reprisal. A lot of the speeches on this side of the House have covered that topic again and again.

Our colleagues on the opposition and on the government side have asked why we are so against this bill. One of the fundamental beliefs in the Conservative Party of Canada is the belief in the freedom of speech. I have given a first reading speech on Bill C-10 as well. It is a 30-year-old piece of legislation, so there are some things that need to be renewed. Members on all sides of the House agree legislation does have to be renewed and reviewed in a timely manner. There are some areas where we agree.

One of the things that just came forward is that in the updated legislation, the Liberals have taken out the part that would regulate individual content and now the CRTC would have the power to take down content from individuals. We have no way of knowing if any of the amendments that were passed address this issue because there was a gag order put on the amendments and we do not know what is involved with them all.

Like my colleague, the member for Yellowhead, said, there are 120 amendments to this piece of legislation and a quarter of those were brought forward by the government that introduced the bill in the first place.

We are rushing through this and the government has brought in time allocation so we cannot study this bill to its final conclusion. I was in the legislature of Saskatchewan for eight years and have been here for two years. I do not remember seeing any piece of legislation in my 10 years that had 120 amendments to it. On its own, that shows there were some issues early and often with this piece of legislation.

Talking about time allocation and the duty of this House, I know my colleagues and friends from across the way, as well as the member for Kingston and the Islands and a few other of my Liberal colleagues, talk about us playing political games. They say that Conservatives are trying to waste time and are using stall tactics.

As this bill has to do with freedom of speech, we did a little run down of what has been going on in a few of the other committees lately. At the Standing Committee on Procedure and House Affairs, the Liberals have been filibustering for 73 hours and for more than four months. At the Standing Committee on Access to Information, Privacy and Ethics, the Liberals have been filibustering for 43 hours. That is a long time. At the Standing Committee on Finance, the Liberals have been filibustering for 35 hours. At the Standing Committee on National Defence, in its study looking into sexual misconduct in the military, the Liberals have filibustered for more than 16 hours and the Chair suspended unilaterally more than 23 times. That is impressive.

I know my colleagues in the Bloc bring up Mr. Harper and the disdain for Parliament. I do not know if Mr. Harper's government had a chair who unilaterally closed down debate 23 times.

The Standing Committee on Foreign Affairs was filibustered for 10 hours over three months, February, March and April, to prevent a study into Canada taking from the COVAX vaccine supplies.

This august House is where we are supposed to have debate and be able to talk about different ideas, whether it be Liberal, Conservative, Bloc, NDP. Right now, we are going through a time when the government continues to say the opposition is holding up debate, when we can clearly see, in committees, that the Liberals are trying to stifle any dissent among opposition parties on what kind of bills they are trying to bring forward. I have not even mentioned that the government prorogued Parliament for months because of the WE scandal.

Now, we are here talking about Bill C-10, about stifling debate, and I have given 12 examples of how the government has stifled discussion and debate in committees and in the House of Commons, in Parliament.

When we talk about this, why are Conservatives so against Bill C-10? It is because we are hearing it from our constituents. People are scared. They see Bill C-10 as a very slippery slope of what could be in the future. Many people have come to my office wondering what their kids are going to be able to put on the Internet to express themselves in five years. Are they going to be able to have any free, independent thoughts? Are they going to be able to criticize the government, or is someone in the CRTC, the czar, going to be watching content on YouTube or Facebook or Twitter or Instagram or TikTok? Are they going to get a knock on the door or a call to take down their content because it does not agree with the government's position? That is what people are actually calling about and what their concern is.

People can groan and say, “Oh my, how is that possible?” We are here to represent the people of our ridings, not to carry the water for the government. That is another thing. The government members are acting like it is up to the opposition side to pass bills. We listen to the Minister of Finance saying it is time for the opposition to help them pass bills. When has it been the government asking this and saying it is the fault of the opposition that it is not getting its legislation through? That is like a teenager who went out partying the night before blaming her friends for not getting her homework done. It is not our responsibility to make sure that the government implements its agenda. It has never been the opposition's responsibility and it never will be. It is time that the government took responsibility for its own actions.

Possibly, the Liberals are not getting their legislative agenda through because they prorogued Parliament, because they filibustered committees again and again, and that is why legislation never got to third reading and never got to this House. At some point in time, a member of the government will have to stand up and say that maybe they are responsible for the games they are playing now with time allocation, especially in committee, where it has not been done in 20 years. That could be a fact as to why the Liberals are not getting their agenda through.

Finally, one other thing that makes people concerned about Liberals bringing forward legislation that would regulate their free speech is the fact that even if it is not going to be this bill, people just do not trust the current government. Members may not believe this, and I was shocked myself when I found out, but since 2015 there have been over 35 failed Liberal promises. If they wonder why people do not trust the government, it is because it does not keep its word.

This is from a long-serving Liberal in Saskatchewan, and this is really when we get into the psyche of a Liberal politician. I will never forget this. He said, “You know what it means when you break your promise? It means you won.” That is unbelievable, because if they win they are able to break their promises. It is something that will stick with me for as long as I serve in this chamber.

When it comes to Bill C-10, the Conservatives will continue to stand up for the average Canadians to make sure their voices are heard.

Government Business No. 10—Broadcasting ActGovernment Orders

June 15th, 2021 / 12:05 a.m.
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Conservative

Warren Steinley Conservative Regina—Lewvan, SK

Madam Speaker, it is with a heavy heart that I stand today, and I hope my colleagues will indulge me for a moment.

This is the first time I have been on my feet in this place since a tragic accident in Saskatchewan where we lost a member of the RCMP, Constable Shelby Patton, who was killed in the line of duty. I send my deepest sympathies to his family, friends, colleagues and all of his brothers and sisters in the RCMP. Our hearts are with them at this very difficult time.

Constable Patton was killed in the line of duty at a traffic stop at Wolseley, Saskatchewan, and the people who committed this crime have been captured. Our hearts go out to the family of the slain hero and RCMP officer. Our thoughts and prayers are with everyone involved.

Moving on to Bill C-10, I think about everyone who enforces the rule of law in Canada and how everyone is able to express their opinions and say what they want. The member for Calgary Skyview just said that a lot of people from around the world see Canada as a beacon: A place where they can come without fear of censorship or of not being able to express themselves. I think this country should always be known as a beacon of that light and freedom. This is why we on the Conservative side are trying to fight so hard to make sure that Bill C-10 is right.

My colleague and friend for Yellowhead talked about some of the things in the bill that need to be reviewed. The Broadcasting Act has not been reviewed in 30 years, and a lot has changed in this country over that time. Conservatives are not disagreeing with renewing and reviewing legislation to make sure that it is up to date and current with the times—

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 11:50 p.m.
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Conservative

Gerald Soroka Conservative Yellowhead, AB

Madam Speaker, tonight I will be splitting my time with the member for Regina—Lewvan.

On February 5, I spoke to Bill C-10 before it was referred to the heritage committee on February 16. Here I am speaking to Bill C-10 again, a few months later, now that the bill has returned from committee. Most times when a bill returns from committee, we see a couple of amendments here and there to fine-tune it before passing it along to the Senate, but with BIll C-10, it is not a vew changes here and there. This bill is completely different than its previous form.

What is even more abnormal about this is the fact that so many of the amendments came from the Liberals, the ones who introduced the bill in the first place. The government owes it to Canadians to explain why so many amendments were introduced after the fact and why it is pulling every trick in the book to try to push legislation through without proper debate and while ignoring legitimate concerns.

The Minister of Canadian Heritage is using tactics to make people believe that Conservatives are anticulture and standing in the way of Bill C-10, when in fact, many experts who testified at the Standing Committee on Canadian Heritage agree this bill is flawed and needs further review.

Protecting Canadian content is important for Canadians, but what good do rules around Canadian content do, if Canadian content is not properly defined. The minister recently demonstrated in committee that even he does not know what classic Canadian movies actually count as protected Canadian content under this legislation.

Over the past month I have received countless emails and phone calls from constituents in fear of the government's legislation. They want to know what they can do to stop it. One man even said to me that this legislation embodies the same police-state-like control he emigrated to Canada to escape.

The question I get most often is, “Why?” Why does this legislation contain an amendment giving the CRTC this much power. Why is the government trying to push this through so quickly? Why does the government think it has a mandate to police the Internet?

Conservatives recognize that the Broadcasting Act is in need of updates. No one is arguing against that. When Conservatives raise legitimate questions about user-generated content being affected by this legislation, instead of providing answers, the minister diminishes our concern and proceeds with his carefully scripted paragraph about why the Broadcasting Act needs to be updated, even though we are already agreeing that it needs to be done.

I have to point out the irony in the fact that we are being censored here in the House of Commons on a debate regarding censorship. Instead of allowing Bill C-10 to go through full and proper review, the Liberals moved a time allocation motion to shut down debate on Bill C-10 early, and effectively censored our debate on censorship.

Here we are, around midnight, mid-June, speaking for the last time to a bill that would have the power to limit our freedoms and could change the way Canadians are able to use the Internet. The government imposing time allocation on this bill, which is fundamentally flawed, is wrong because it attacks freedom of expression. The minister is attacking our freedom of expression as parliamentarians, who are just trying to do their jobs. Instead of telling us Conservatives that we are preventing work from moving forward and that we are anticulture, the government members should be explaining to Canadians how they can possibly justify this time allocation motion, when the committee still has many amendments to review. This is deeply concerning to not only me, but also to many Canadians.

I also want to talk about the precedent legislation like this could create for the future. In a society that values freedom of speech and freedom of expression, Bill C-10 would leave the door open to a massive abuse of power concerning the rights of Canadians.

It is not enough for the minister to stand in the House of Commons and claim this bill is not meant to target ordinary Canadians. Words spoken by the minister mean nothing if they do not coincide with the wording of the actual legislation.

The amendment regarding user-generated content aside, Bill C-10 creates a regulatory mess of a streaming and broadcasting industry in Canada. There are real harms that could come with this legislation as it currently stands. This bill is far broader than many Canadians realize, and certainly broader than the minister has claimed. This has led to a lack of understanding of the consequences of the bill as it relates to the general public.

With so many amendments being brought forward in such a short timeframe, it is hard for the public to keep up and stay informed. One thing we must always remember as parliamentarians is that we work for the people. It is our duty to keep our constituents informed and to seek their input on legislative matters. With this amendment being added, and this legislation being rushed through the legislative process so quickly, I fear many members will not have adequate time to properly inform and consult their constituents on this issue.

It is with extreme disappointment that I am speaking on this legislation tonight, knowing that so many voices have been silenced and important dialogue on this bill will not be heard. The government claims that limitations are integrated into this bill, so that it is not too overreaching.

The minister said in the House of Commons, “user-generated content, news content and video games would not be subject to the new regulations. Furthermore, entities would need to reach a significant economic threshold before any regulation could be imposed.”

This claim made by the minister is false, as there is no specific economic threshold that is established by the bill, which means that all Internet streaming services carried in Canada, whether domestic or foreign owned, are subject to Canadian regulation. That would mean if someone has Canadian subscribers, this law would, regardless of where the service provider is located, apply to them.

The limitations the minister is referring to are that the bill gives the CRTC the power to exempt services from regulation. It also leaves it entirely up to the CRTC to establish thresholds for regulations once the bill is enacted. This is dangerous, and while I have confidence in the work that the good people working for the CRTC do, it is our duty to legislate, not the CRTC's, and that means properly defining the term “significant economic threshold”.

Bill C-10 now has over 120 amendments, of which about a quarter were put forward by the government itself, even though it wrote the bill. My Conservative colleagues at the heritage committee did everything they could to fix the problems with Bill C-10 in the time they had. My colleagues say that in review stage, the work at committee was going well and progress was being made. That is until the Liberals decided to bring forward an amendment to include social media.

This amendment was so large it changed the scope of the bill entirely. It was at that point people, including experts, former CRTC commissioners and thousands of Canadians across the country, starting raising objections.

As I wrap up my speech, I am thinking of all the flaws contained in this bill and worry for the future of freedom of expression. While I do not suspect this bill was brought forward with malicious intentions, the wording in this legislation could set a terrible precedent.

It is okay for the government to admit when it is wrong and when it has gone too far. Now is the time for the government to acknowledge that it needs to take a step back, re-evaluate and correct the course.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 11:50 p.m.
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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, the Green Party is representing its constituents very well and effectively in Canada's Parliament.

Bill C-10 was better before, because it was more effectively protecting individual users and their content. With the amendment that removed section 4.1, it took a lot of that freedom away. A lot of the benefits of this act have been destroyed because of that, and we would be better if that were put back in. The freedoms the minister keeps talking about are illusory. It is one thing to say content providers, people who add content to YouTube and platforms like that, are not being regulated, but if the platform is being regulated, then that freedom is illusory.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 11:45 p.m.
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Conservative

Warren Steinley Conservative Regina—Lewvan, SK

Madam Speaker, I was listening intently to my colleague and he referenced Michael Geist, one of the leading thinkers of free speech in our country and a very independent voice on this bill.

I wonder if the member could elaborate a bit on what Michael Geist has said about Bill C-10 and maybe some of the pitfalls the government has fallen into while trying to reduce free speech for Canadians across the country.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 11:35 p.m.
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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, I guess it should not have come as a complete surprise that the Liberal government would make strategic procedural moves to limit my freedom of speech as a member of Parliament wishing to speak up on exactly that topic: freedom of speech. I have heard from so many of my constituents that they were shocked at the government's attempt to limit their freedom by regulating the Internet, which, until now, has been a new-found tool of freedom of expression. People are starting to understand what the term “net neutrality” means and they want it protected. They are also starting to wake up to the prospect that their government wants to regulate this forum, the new public square.

The government members say they want to level the playing field. Canada's Conservatives support competition between large foreign streaming services and Canada's broadcasters, and we champion Canadian arts and culture, but a Conservative government would do so without compromising Canadians' fundamental rights and freedoms. We are calling on the Liberals to withdraw Bill C-10 or to amend it to protect freedom. If this is not done, a Conservative government would stand up for Canadians and repeal this deeply flawed legislation. While the NDP and the Bloc may be willing to look the other way on the freedom of expression, Canada's Conservatives will not.

What went wrong? The deeply flawed draft legislation, Bill C-10, became even more problematic after the Liberals had their way at committee. We have heard them say in this chamber on many occasions that user-generated content would not be regulated under the legislation, and they refer us to proposed subsection 2(2.1), which specifically exempts users from the new limiting regulations. However, proposed section 4.1 would have exempted social media sites like YouTube and TikTok, which consist of only user-uploaded programs, except that in committee the Liberals voted down this very important freedom of speech protector, even though their original draft legislation contained it.

Where does that leave us? Well, people using the Internet, speakers, are exempted, but the platforms they use are not, so the freedom really becomes illusory. That is what people are upset about with Bill C-10, and that is why Conservatives are fighting hard against it.

We have heard the Liberals say also that they just want big tech to be paying its fair share. In principle, we support that. The Conservative members of the heritage committee proposed an amendment to Bill C-10 that would have limited these limiting regulations to online undertakings with revenue of more than $50 million a year and 250,000 or more subscribers in Canada. If that amendment had passed, Bill C-10 would apply only to large streaming services, but the Liberals rejected it. I do not know why. This is a common-sense compromise put forward by the Conservatives to save the initial intent and the integrity of this legislation while still protecting Canadians' freedom of expression.

We have heard quite a bit about this. The idea of the CRTC regulating traditional media for Canadian content is deeply entrenched and widely accepted in Canadian culture, so why not the Internet too, which arguably is becoming the new preferred media? At first blush, that may make sense, but here is the problem. The legislation would regulate Canadian content by means of discoverability regulations that would require social media sites like YouTube to change their algorithms to determine which videos are more or less Canadian, all depending on a bureaucrat's opinion as to what is sufficiently Canadian.

We say, let the market decide. This is not what the Internet is, and it is not what Canadians want. We are hearing “hands off”. We are hearing about the democratization of the freedom of speech. The Internet is a new invention and it has given people, anybody with a computer, anybody with an iPad, anybody with a smart phone, the ability to publish on the Internet and to be heard, and it has led to the success of many, many artists, including Canadian artists.

Does that mean that the Internet and the contents posted on it should not be regulated at all? Of course not. The Internet is subject to all laws of general application, such as laws against promoting hatred and laws against inciting violence. There are laws for the protection of children, and there are laws against slander and libel, just to name a few.

Our freedom of speech, as protected by the Canadian Charter of Rights and Freedoms, is not unlimited. As my law professor explained on the first day of constitutional law, freedom of expression does not give a person the right to yell “fire” in a crowded movie theatre. Section 2(b) of the charter says everyone has the fundamental freedom of expression, but section 1 of the charter says that those rights and freedoms are subject to “such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”

Until the Liberals started talking about Bill C-10, that is what everyone understood to be the nature of this new medium called the Internet. The laws of general application should apply. Every other free and democratic country in the world understands that to be the case, and only Canada would go so far as to tell user-content social media platforms what to promote and what to demote. Therein lies our contention with Bill C-10.

We do not stand alone. This is what Peter Menzies, the former commissioner of the CRTC, had to say about Bill C-10 in its current state:

It’s difficult to contemplate the levels of moral hubris, incompetence or both that would lead people to believe such an infringement of rights is justifiable.

University of Ottawa professor Michael Geist stated:

In a free, democratic society we don’t subject basic speech to regulation in this way. Of course there are limits to what people can say, but the idea that a broadcast regulator has any role to play in basic speech is, I think, anathema to free and democratic society where freedom of expression is viewed as one of the foundational freedoms.

With the support of experts such as these, the Conservative Party has been promoting its opposition to Bill C-10 aggressively and, I might say, effectively. What is the government’s response? It is to shut down debate. Last week, with the help of the Bloc and the NDP, the Liberal government shut down debate at committee, and now it wants to shut down debate in Parliament. One has to love the irony of that. Here we are debating free speech and the government is aggressively shutting down parliamentarians’ right to be the voice for their constituents: Canadians who have come to appreciate the freedom, flexibility and effectiveness of having their voices heard on this 21st-century platform. Social media platforms are the new public square, and free speech on those platforms in the form of user-generated content must not fall under the regulatory purview of the CRTC.

Only the Conservative Party is standing up to protect this fundamental right that all Canadians enjoy. The government has misled Canadians about this bill. Exempting user content was a key part of Bill C-10's limitations. It was something we accepted and that helped get it through the parliamentary reading stages and committee without more dissent, but removing that exception at the very last minute makes Bill C-10 unacceptable. It is the most breathtaking power grab over online speech we have ever seen in Canada. The Liberal government wants to limit our rights to fight against that, and that is why Conservatives are standing up.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 11:25 p.m.
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Conservative

Greg McLean Conservative Calgary Centre, AB

Madam Speaker, we were talking about the very notion of the freedom of speech Canadians enjoy, one of the rights Canadians have enjoyed since being introduced by Prime Minister John Diefenbaker in 1960 and embedded in Canada's Constitution in 1982. Freedom of expression in Canada is protected as a fundamental freedom by section 2 of the Canadian Charter of Rights and Freedoms. The charter also permits the government to enforce reasonable limits.

I would say from experience that a large amount of Canadian communication between parties, individuals, businesses and organizations of all types, even governments and their agencies, happens via the Internet. Where does the problem arise in this legislation? Bill C-10 creates a new category of web media called “online undertakings” and gives the CRTC the same power to regulate them that it has for TV and radio stations. What is an online undertaking? Whatever one uploads onto the web is an online undertaking, such as videos, podcasts, music and websites. It is a huge regulatory stretch. However, Canadians should not fret as the CRTC will not act in the way the legislation is written, or so it has said.

Let us look back at that notion of freedom of expression and how we as legislators are supposed to ensure the legislation we consider abides by this fundamental piece of protection embodied in our constitutional bill of rights and freedoms. The Department of Justice Act requires the justice minister to provide a charter statement for every government bill that explains whether it respects the charter. The charter statement for Bill C-10 directly cites the social media exemption in its assessment that the bill respects this part of the Canadian Charter of Rights and Freedoms. Then, poof, at committee the Liberals removed the cited exemption from the legislation. When my Conservative colleagues rightly asked for a new assessment based on the new wording of the legislation, the Liberals decided to shut down debate at the committee.

At this point, I think Canadians would ask where the Minister of Justice is on this issue and why he will not seek and provide the legislative charter statement from his department. I have watched the Minister of Justice and let me illustrate how he operates in my opinion.

Regarding Bill C-7, an act to amend the Criminal Code (medical assistance in dying), admittedly no bill is perfect, yet this bill passed through committee here in the House of Commons and members from all parties voted in a free vote to pass the legislation. The legislation passed with the input of witnesses who wanted to respect the rights of disadvantaged Canadians and it worked through this House. The minister, despite that democratic process, manipulated the legislation with an amendment at the Senate and forced an amended bill back to this House, a bill that disrespects the input he received through witnesses and parliamentarians in the process. It was pure manipulation.

Regarding Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples, after one hour of debate on a bill that my indigenous constituents are asking for clarity with respect to the defined terms in Canadian law and how it affects them, the Minister of Justice shut down debate, saying it had been debated enough.

Perhaps it is unparliamentary to state openly here that the minister's remarks are completely disingenuous. I have watched him during question period while he brazenly denies that his judicial appointments have nothing to do with Liberal Party lists. That is disingenuous. I know why Canadians are losing faith in governments.

Now we have this, the refusal to provide an updated charter statement. Shame on the minister.

Coming back to the bill, if passed, Canadian content uploaders will be subject to CRTC oversight. Yes, the Canadian Radio-television and Telecommunications Commission will be looking at uploads all day long. That is in fact who is writing the bill and in fact the government organization trying to gain some relevance with it, but Canadians do not have to worry because it will not enforce the law as it is written.

Let me quote Timothy Denton, a former national commissioner of the CRTC, who now serves as the chairman of the Internet Society of Canada, who stated:

...their fundamental [principle here] is...that freedom of speech through video or audio should be in the hands of the CRTC — including Canadians’ freedom to use the internet to reach audiences and markets as they see fit.... The freedom to communicate across the internet is to be determined by political appointees, on the basis of no other criterion than what is conducive to broadcasting policy — and, presumably, the good of our domestic industry. As always, the interests of the beneficiaries of regulation are heard first, best, and last. Consumers and individual freedoms count for little when the regulated sector beats its drums.

Finally, let me congratulate the government on this one step. We have been through 15 months of an unprecedented time in our modern history, with lockdowns, economic dislocation and devastation, and literally a pandemic. The press does not cover what happens in the House and the myriad mistakes the government has made because governments make mistakes in unforeseen, unprecedented times. Canadians have given the government some benefit of the doubt about these mistakes and so do all people of goodwill, but it is our job in opposition to do our utmost for the country in oversight and to provide solutions to make our outcomes better.

I thank all my colleagues for the work in helping Canadians during these unprecedented times. I should thank the Liberal government for providing a coalescing issue that has Canadians from all backgrounds and political beliefs in my riding united in reaching out to make sure the bill does not pass. The bill and the government's responses to reasonable amendments to protect Canadians' rights show its ambivalence to Canadians and their rights.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 11:15 p.m.
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Conservative

Greg McLean Conservative Calgary Centre, AB

Madam Speaker, I am splitting my time tonight with my hon. colleague for Langley—Aldergrove.

It is my honour to address the House this evening and to address another faulty bill being pushed through Parliament by the Liberal government: Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts. To begin, let us look at the title of this bill, which says “to make related and consequential amendments”. They are consequential in that they have consequences.

In this case, it is safe to say that this bill, if passed as written and subsequently amended at committee by the government, will have serious consequences for Canadians. We could have a discussion about net neutrality, which Canadians have enjoyed largely in their online consumption choices these past decades. This bill would, in fact, seek to upend the very nature of what Canadians can do on the web. Of course that is not the intent. No, it could not be. It has merely been written that way, and amended and partially changed through a process Canadians became aware of through the efforts of stalwart parliamentarians: my colleagues in the Conservative Party in the House of Commons and the Standing Committee on Canadian Heritage. They identified the intrusion in not only the use of the Internet for uploads and downloads, and the overreach in regulating this activity, but the consequences it would have on the very notion of freedom of speech, one of the rights Canadians have enjoyed—

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 11:15 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, I would like to thank my colleague for Edmonton Strathcona for her amazing work on this bill. When I look at how the discourse around Bill C-10 has been so poisoned, I draw a parallel to the subject of climate change. We can look at Conservative discourse on climate change over the last decade. There was also a recent Angus Reid poll from April that showed only 41% of Conservative voters believed climate change was a threat compared with 90% and above for all of the other parties. The Conservative Party bears a lot of responsibility for that number because of the way it has spoken on this important subject.

Does my colleague see a parallel with the Conservative discourse on Bill C-10? The Conservatives bear responsibility for how poisoned it has become and the incredible amount of misinformation. Does my colleague see any of those parallels or have any thoughts on that particular comparison?

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 11:10 p.m.
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Conservative

Warren Steinley Conservative Regina—Lewvan, SK

Mr. Speaker, I appreciate the comments from my colleague for Edmonton Strathcona. I believe her heart is in the right place and I always enjoy listening to her speeches.

We are talking about the amendment. I am wondering how she felt about the amendment put forward that says to delete all words after “notwithstanding any standing order, special order or usual practice of the House” and substituting the following: “Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, be referred back to the Standing Committee on Canadian Heritage....”

I believe that the member is very studious. Does she think there should be a bit more conversation around Bill C-10? I have heard a lot from constituents in Regina—Lewvan and from across not only Saskatchewan, but western Canada, who have some concerns. I believe that the member is honest and forthright and that she takes those concerns seriously.

Would it not be right to have a bit more conversation around this bill? I know my colleague for Saskatoon—Grasswood said 40% of the amendments were not even discussed at the committee. Could there be some more work for the committee to do?

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 11:10 p.m.
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NDP

Heather McPherson NDP Edmonton Strathcona, AB

Mr. Speaker, it is very interesting to me that we are told that there are experts. I have a letter here that was written by 14 lawyers who have said that Bill C-10 would do none of the things that we have been accused of doing to it. We have gone through the legislation tooth and nail, and I have a document here that outlines every single time freedom of expression is protected. I could tell members exactly where in the act and where in the bill; if they want me to name it, I can. I know that is not the case with most of the members in the House this evening, but I can certainly tell them exactly how freedom of expression is protected, and I am deeply offended that any member of this House would think that my priority would not be to ensure that Canadians' freedom of expression is protected at all cost.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 11:10 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, I want to congratulate my colleague from Edmonton Strathcona on her speech.

We have the pleasure of serving together on the Standing Committee on Canadian Heritage. She and I have managed to move the bill forward and improve it, sometimes with opposing views, sometimes converging views, sometimes through excellent co-operation. It needed a little help to become a good bill.

Over the past few weeks, after the removal of clause 4.1, which actually had been strengthened with other provisions to ensure that social media users were protected, we have seen a slew of Conservative Party pundits suddenly take an interest in Bill C-10, although we have been working on it for months now. This is a complex bill that takes time to understand. It must be properly analyzed, and it is important to have a good grasp of the subject. Nevertheless, over the past few weeks, we have had a number of experts come to us to give their opinions and tell us that we have done our job all wrong.

I would like the member for Edmonton Strathcona to comment on this. How should we take this wave of insults from colleagues?

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 10:50 p.m.
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NDP

Heather McPherson NDP Edmonton Strathcona, AB

Mr. Speaker, I have been in the House for some time listening to the debate tonight, so it is an honour to finally stand and speak.

This past year, we have seen the very best and the very worst of government in our system of democracy. When all parties were working together as the committee of the whole to address the COVID-19 crisis, we saw how well the government could work together. I am going to talk about some of the ways it worked well before I get negative and talk about the ways it has not been working.

I want to make it clear it is not that all opposition party members supported everything the government did during the COVID period. I, for one, have stood in this House many times repeatedly challenging the government to do better, particularly when it came to protecting Canadians from COVID-19 and all of the detritus that came with it. I stood in the House to make sure there were public health rules in place, that there was sick leave, that Canadians could stay home if they needed to, that there were things in place to help fight the virus in Canada and around the world without having to choose between their own well-being and the health of others. I will keep doing that. I will keep standing in this House of Commons as an opposition member to urge the government to do a better job taking care of Canadians. I will stand in this House and get it to close loopholes in its legislation.

There is a company in my riding, Cessco Fabrication. I have brought up probably a dozen times in the House that the government's wage subsidy program is being used to pay for scab labour so that this company does not have to negotiate with its workers. I have brought it up time and time again, and I will continue to do that.

It is really important that I push for students, seniors and people with living with disabilities.

One thing members have heard me say so many times is that if we do not vaccinate people around the world, none of us is safe, and that I am disappointed in the government's response to that.

The government itself adopted many of the opposition solutions that were offered. The government did bring forward the 75% wage support, the CERB was $2,000 a month and there was limited support for students and paid sick leave. This is how the government should work. The government should propose and opposition members should make it better. I am proud, as a new parliamentarian, that I was able to do that. I am honoured to have been part of that effort.

However, this has not been the case with Bill C-10. In fact, the entire process, including the debate this evening, is an example of the worst forms of democracy and government. It started with an extremely flawed bill that the minister himself could not explain. When the bill was tabled in November, it was immediately apparent to everyone, the government included, that it was a flawed piece of legislation. The Yale commission clearly identified Canadians' concerns with how web giants were dominating our broadcasting and culture, but were excluded from the current Broadcasting Act and, thus not subject to oversight, not held to the same standards as Canadian companies and, worse yet, not contributing taxes or funds to the Media Fund. The bill, as it was tabled, ignored all of those issues and I stood with my colleagues in the NDP and said on the day that bill was tabled that this was going to be problem and we needed to fix this.

Facebook, YouTube, companies that make billions of dollars in revenue from Canadians and Canadian content were excluded from the bill. For anyone who was worried about what that proposed section 4.1 was, it was excluding social media. It was letting Facebook and YouTube off the hook. It was saying that they could use Canadian content and they did not have to pay for it. It was selling out our cultural sector. We needed to fix that legislation.

I was worried because we know that Facebook has lobbied the minister and the department over 100 times. Their incessant lobbying seemed to pay off. Representatives met over and over again and then, all of a sudden, they were not in the bill. The minister floundered in responses to questions about the bill and the lobbying. He was unable to answer questions about his own bill to Canadians, unable to answer questions about its application in committee and unable to defend its rationale from critics.

The result was a committee review process that at the very best of times was disorganized and at the worst was completely dysfunctional. I know that because I was there. I was on that committee.

Immediately, 121 amendments to the bill were filed. The minister has said that perhaps this is a normal number of amendments for a bill of such of complexity and the breadth and depth of this legislation means it is not surprising, but what was surprising was the number of government amendments filed. The government knew this legislation was flawed, so it was a clear indication the bill was not ready when it was tabled and that the minister was not ready to endorse and oversee it.

Still, and this is the most important point, Canadians need a broadcasting act. We have heard it time and time again in this House from everybody but the Conservative Party. We have a 30-year-old Broadcasting Act. It is well overdue for us to have legislation in this country that will fix the holes in the Broadcasting Act. Canada desperately needs an updated Broadcasting Act.

Canadian broadcasters, media companies, producers, filmmakers, writers and artists all need an updated Broadcasting Act. Canadians who value Canadian news and Canadian content need and want a broadcasting act as well. It was absolutely vital that we roll up our sleeves in committee and we fix this bill to create a broadcasting act that would work for Canadians. It was an excruciating process, because instead of working with my colleagues, many of whom I admire and who worked very hard in this committee, politics kept getting in the way.

Again, this is what I mean when I say the worst of government and democracy. The Conservatives saw a weak minister with a flawed bill, and rather than roll up their sleeves and do the work that needed to be done so we could fix this legislation, they smelled blood in the water and attacked. They took advantage of the committee process and the flaws in the bill to spread disinformation about the bill far and wide, and then they filibustered the committee so we could not even get to the amendments that would fix it. We could not even fix the things they raised as concerns because they would not stop filibustering the committee to allow us to do that.

All across Canada we were hearing the most outrageous accusations about the bill. I had one constituent tell me he had read that individual Canadians' tweets would not post until they had been reviewed for Canadian content by the CRTC. The things that were being told to Canadians by the Conservatives were absolutely outrageous.

I listened to the member for Lethbridge yell “freedom” so many times that I was in a panel with her and I thought maybe I was on a panel with Braveheart. All this did was waste time and confuse Canadians, and with a minister who could not adequately explain his bill, the disinformation campaign found oxygen it never should have had.

It brought us here to this evening to the last-second attempt to rush this bill through before the session ends. The government had six years to update the Broadcasting Act, and in the end, it served up a flawed bill that took so much work for us to fix.

As a member of the heritage committee, I worked very hard with my fellow members to close the Liberal loopholes and fix problems in the legislation. I voted in favour of a Conservative motion for a second charter review to ensure the Broadcasting Act would not infringe on personal freedoms of expression, and that review was done.

I supported a motion to force the ministers of justice and heritage to appear at committee to address concerns over freedom of expression. I proposed that the committee meet more often and for longer hours. I proposed to extend the deadline so more work could be done. I voted against closing debate and I even put forward a motion asking the committee to debate the bill through the summer months so we could get this work done. All the parties voted against that.

In the end, the Liberals closed the committee debate and we were forced to vote on amendments without even discussing them. It is not my idea of good government.

I fully welcome the attention that Bill C-10 has aroused in Canadians. The Broadcasting Act affects us all on a daily basis, and I am heartened to see so many Canadians engaged in the legislative process. It is true that many Canadians are profoundly misinformed about the bill, which is, of course, in no way their fault. I would say it falls very much on the shoulders of some of our members of Parliament who have taken great joy and have done an awful lot of fundraising off the idea, the misinformation that they are spreading and the fear that they are sowing among Canadians.

The issues addressed in Bill C-10 are complex and every country in the world is grappling with those issues right now, attempting to find a way to protect their own citizens, their own content, their own identity and their own media platforms from web giants that do not have to follow the same rules as everyone else, web giants that pull in hundreds of billions of dollars in revenue without giving anything back and companies that leave a swath of local and national media and entertainment venues languishing in their wake.

While I am dismayed by the disinformation permeating the debate on this bill, some of it coming from the web giants themselves in an attempt to resist and avoid regulation, I will vote for Bill C-10 because I worked so hard to fix this legislation. I worked so hard to make sure that people's freedom of expression was protected and that in the end web giants were held to account and that they were contributing to our broadcasting sector.

I have said it before and I will say it again: It is vital that we modernize the Broadcasting Act. The current version of the act was updated in 1991, before the Internet and before streaming services. The Broadcasting Act cannot, as it stands, address the new landscape. It cannot protect Canadians or Canadian content and it must be updated.

For me and my fellow New Democrats, the goal has always been to make sure that we had a bill that would make web giants like Facebook, YouTube and Netflix follow the same rules as Canadian companies and contribute to Canadian content just like Canadian companies are required to do. We have fought both to protect freedom of expression and to ensure that web giants are on an even playing field with Canadian companies. Canadian media and content are under extreme pressure and the web giants have a competitive advantage right now. That competitive advantage must end with this legislation.

Thanks in part to the amendments offered by all parties, Bill C-10 now would utterly protect individual rights to freedom of expression on all platforms. The CRTC powers are limited by this bill to broadcasters and the bill specifically excludes individuals from regulation. Users who upload content to social media services would not be subject to the act. In fact, the bill now contains four sections specifically exempting individuals from the act, and this bill would protect Canadian culture and heritage.

Arts and culture are at the heart of who we are. They are what make us Canadians. It is how we listen to and understand each other better. It is how we connect across the vast distances in our country and it is how we celebrate our identities. It is how we share our incredible stories with each other, in both official languages and with the entire world. We must protect our heritage and support a strong, independent arts and culture industry. Without that protection, Canadian talent will not thrive. We need Canadians to succeed on both digital and traditional platforms. Here at home and around the world, Canadian artists should be able to earn a decent living from their art, and this bill has an important role to play in making sure that the wide range of Canadian voices with stories to tell are those stories that we see on platforms.

When Bill C-10 is enacted, the next step is to increase the funding for CBC and Radio-Canada to help reverse the damage done by decades of funding cuts and unequal rules that have favoured foreign competition.

Our public broadcaster has a remarkable legacy of connecting all points of our country, and it needs a stronger future to help make sure Canadians have access to accurate, relevant information no matter where they live and no matter what language they speak.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 10:35 p.m.
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Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Mr. Speaker, it is hard to believe that less than 10 years ago the only way to get around if people did not own a car and they wanted something outside of public transit, was a taxi. Then all of a sudden, something called Uber came along and it disrupted the taxi industry, so there was a large change in the market. The taxi industry reacted. Its members lobbied municipal, provincial and even the federal government to try and ensure that the status quo was protected.

We always want to ensure that people have jobs. When there are major disruptions in technology or industry, it should happen with order and discipline. However, Uber was always going to enter the market. It was a fact and it brought wealth and jobs, and it took away the gatekeepers of the taxi industry, the taxi licences and made that profession more accessible to many other people.

What we are hearing tonight is the federal Liberal government wanting to take away the ability of YouTubers, Facebookers, Instagramers, influencers to make a living, uninterrupted and unmitigated by the federal government, in favour of the cable companies, what I like to call the cultural industry.

I was out with a friend and we were talking about watching a show. She wanted to know what I had watched recently that was good. We were talking about where a show was streamed, and they asked if cable was even a thing any more. Cable has been disrupted because of streaming services. Newspapers have been disrupted because of digital technology. The market has been disrupted. Rather than recognizing that reality and recognizing the new wealth and new voices that have come into play, the new platforms that have come into play, the Liberal government is trying to save the status quo for the benefit of the gatekeeper and to control the voices of Canadians. That is just the reality of it. That is what is happening here tonight.

We are in the House of Commons tonight debating this late at night because we do not want the bill to pass. The bill puts Canada in the dark ages. It silences. It has the power to silence the voices of many Canadians and it is obvious that the government is trying to do that with Bill C-10. We are fighting it with every action we possibly can because of the impact it is going to have on free speech as well as an entire industry in Canada.

I will give a brief history of time. Canada has always been preoccupied with ensuring that it is culturally distinct from the United States, because of the influence the American entertainment has had on Canada. Certainly when I was born in the early 1980s, when we only had radio and television and a certain type of content producers, that was the thing. We wanted to ensure Canadian voices were heard on the radio and TV. That is when existing Canadian content creation laws and programs came to be. It was to ensure that when a Canadian content creator, or specifically a French language content creator, was trying to put something into the market, it could compete with the Americans.

The Uber-style disruption in the market of cable television and things like that has levelled the playing field with zero dollars of government interference. It levelled the playing field. Voices that could never have the reach all of a sudden have a reach.

I want to give a shout-out to my cousin and her account Coupon Cutie on TikTok. She has 250,000 followers on TikTok where she teaches Canadians how to coupon. She wanted me to tell the Liberal Party that she does them a favour because she helps Canadians spend money, which the Liberals then spend on nothing. A shout-out for the Prime Minister from my cousin. She is equally as feisty as I am. She would not have had a voice. She would not have been able to go to Bell Media and get that type of a platform because she lives in rural Manitoba. She is a young woman.

These are the types of voices that are excluded by the big lobbying industries. The lobbyists and the telcos, the same people that jacked cellphone rates in Canada, the same people that protect our market such that we cannot have the same rates as Americans do, are the ones who gate-keep on the news on what content can be created. Of course, they do not want the government or my cousin and other people to have this type of reach because it challenges their artificial hold on the market.

Now the government wants to put these other voices to the side for the benefit of these big lobbyist groups. Does anyone think my cousin has a lobbyist? Does anyone think she could afford a $500-an-hour GRPR specialist to come and advocate for her? No, and she should not have to.

Why is this bill in front of Parliament? I am just going to call a spade a spade. This is about votes, and it is about votes in Quebec. It is. I fully believe that Quebec content and French-language content should be at the forefront of things we do in Canada. It is important for the French language to have a prominent place in the content that Canadians consume. All these platforms have done that.

Earlier today, a member of Parliament, in questions and comments, said that they had looked at the top 100 YouTube accounts and they kind of look American. They thought we should ensure that Canadian voices are heard. What does that mean?

What that is code for, and what the Liberals are doing, is that they want to be able to pick and choose who has a say. That is what it is. Members of the Liberal Party will want me to point to one area of the bill that I would like to see changed. There was a provision in the bill that specifically excluded individual social media accounts from the bill. What did the Liberals do? They removed it from the bill.

Over and over again the Liberals are saying that nobody can tell them what is wrong with the bill, but there it is. When I asked the minister why he did not include that, and why did he remove it, he could not answer. This bill is to the benefit of really rich and entrenched lobbyists who benefit from funding programs that are 40 years old, instead of people who have intersectional voices and people who have not had platforms.

Anybody in Canada could pick up their phone and have a voice. What the federal Liberal government wants to do is to give the regulator, the CRTC, the ability to say who gets to be seen, who gets to be seen in the Facebook algorithm or the YouTube algorithm or maybe at all. That is what this bill does.

The other thing Liberals are saying tonight is that it does not do that. I encourage people to go to the Toronto Star. On the weekend there was an article that asked if the CRTC was too cosy with the big telco companies. The Toronto Star was saying this. Of course they are, because the big telco companies benefit from the monopoly that is entrenched in Canada's regulations.

We are so archaic. We are so behind in Canada. Instead of further entrenching the status quo, we should be unleashing the ability of Canadians to create content. Frankly, at this point in time and at this juncture in our nation, why are gate keeping content creation funds through the government bureaucracy? We could do quadratic financing, a fancy way of crowd sourcing content creation funds for anybody in Canada.

Why are we still so focussed on that with CBC or the big telcos? It is actually, in some ways, racist, misogynistic and not inclusive. The Liberals are entrenching a system of gatekeepers. The CRTC is run by six old white guys. I am tired of this.

If this bill was so great for social media users and would not influence individual social media users, then why did the Liberals remove that position? This bill has to be stopped. Individual Canadians, regardless of how they vote, know that no politician in this place should be putting a chill on freedom of speech and content creation in an industry that is being disrupted the way that this bill is.

The Liberals are moving everything. They are trying to ram this bill through the House of Commons against the advice of experts at a speed we have never seen them move at in this Parliament. It is because they are preparing for an election, and they want to appease their masters that gatekeep these industries. That is to the detriment of French language creators in Quebec. It is to the detriment of every person who has a platform in Canada.

Enough with the censorship and enough on freedom of speech. Bill C-10 needs to be stopped. It needs to be repealed. The leader of my party has said that if we formed a government, we would repeal it, but I would like to stop it here tonight. I appeal to all of my colleagues of all political stripes to wake up and understand that this bill is not in the best interests of any Canadian.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 10:35 p.m.
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Bloc

Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC

Mr. Speaker, I heard my hon. colleague and a number of Conservative colleagues say how terrible it is to force closure on the opposition and pass Bill C‑10 under time allocation.

I would just like to remind my Conservative colleagues that one government used closure more than any other government in the history of their country, of Canada, and that was Stephen Harper's government. During his final term in office, a majority government from 2011 to 2015, he beat Jean Chrétien's record for 1997 to 2000, which had broken Brian Mulroney's record for 1988 to 1993.

Here is my question for my hon. colleague: Why was it okay for them to do it then and even break the all-time record for closure motions, but it is not okay now?

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 10:30 p.m.
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NDP

Heather McPherson NDP Edmonton Strathcona, AB

Mr. Speaker, my colleague spoke about the fear of freedom of expression being constrained, so I just wanted to check with him. I am sure he has read the Bill C-10 legislation, but I am not sure if he has read the act itself. The act still says, in section 2(3), “This Act shall be construed and applied in a manner that is consistent with the freedom of expression and journalistic, creative and programming independence enjoyed by broadcasting undertakings.”

In subsection 35(2), it states, “This Part shall be interpreted and applied so as to protect and enhance the freedom of expression and the journalistic, creative and programming independence enjoyed by the Corporation in the pursuit of its objects and in the exercise of its powers.”

Then it says, again, “The Corporation shall, in the pursuit of its objects and in the exercise of its powers, enjoy freedom of expression and journalistic, creative and programming independence.”

Does the member know that is in the act, and it is still in the act?

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 10:20 p.m.
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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Mr. Speaker, it is an honour and, from what I am seeing from the current government, possibly a privilege to be able to rise and speak to Bill C-10. I rise representing the good people of North Okanagan—Shuswap.

I will be sharing my time with the hon. member for Calgary Nose Hill.

Bill C-10 is the Liberal government's attempt to have the online streaming giants contribute their fair share to Canadian content and the retention of Canadian culture, but it has gone terribly wrong. World wars have been fought to protect our rights and freedom of speech, and we must never let those rights and freedoms be eroded. Freedom of expression must always be protected.

How did this bill go so terribly wrong? When the minister and the current government introduced Bill C-10 last November, the Minister of Canadian Heritage told the House that the bill's amendments to the Broadcasting Act were aimed at benefiting Canadian artists and musicians by forcing web giants to increase investments in Canadian content. That is something I think we all agree on. This initial commitment seemed reasonable, especially considering the need for our Broadcasting Act to be modernized in light of the major changes in where and how we now source music, television and film entertainment.

A couple of weeks later, the minister told the House that Bill C-10 was aimed at film, television and music-streaming services, like Netflix and Spotify, and that the government was committed to introducing another bill aimed at social media platforms, like Facebook and so on. At that time, the minister also stated that user-generated content would not be subject to new regulations.

Despite these assurances, the bill's progression took a sudden turn on April 23, when the Liberal members at committee suddenly amended the bill to extend its powers to the regulation of user-generated content on social media platforms. A bill originally presented as essential to protecting and ensuring continued Canadian content suddenly became a government bill seeking to regulate what Canadians say and share on social media. Smart phone apps were also added to the purview of the proposed regulations.

These amendments prompted strong reactions from my Conservative colleagues and me, but they also sparked a strong reaction from social media experts and Canadians. I have heard more from my constituents in North Okanagan—Shuswap about their concerns regarding the freedoms they could lose through this amendment and this bill than about any other topic in recent history. That is how concerned Canadians are for their freedom of expression.

What we see all around the world, and here in Canada today, is that social media has rapidly become the central platform used by citizens to express their rejections or protests against injustices, including those of government. The proposals of Bill C-10 open the door for the federal government and its regulatory agency, the CRTC, to undermine our ability to continue exercising our critical democratic freedom of expression. After 14 months of living with pandemic restrictions, many Canadians isolated at home and relying on social media for information, connectivity and entertainment, I strongly question why the government has chosen this time to radically change how Canadians can use social media.

I would also like to speak tonight about unintended consequences. It is something we have seen far too much of recently from the government, the unintended consequences of poorly drafted legislation. The case I want to tie into this debate tonight is the poorly drafted legislation in the government's Cannabis Act, Bill C-45, and how it is now having an impact on my constituents in North Okanagan—Shuswap.

I have now heard from constituents who are no longer able to get residential home insurance. Why? Because of poorly crafted and passed legislation. It has been disastrous for these constituents.

One man living on disability and trying to do things by the book was paying $1,000 for his home insurance. That bill then went up to $4,000 per year, then $5,500, then $6,500 and now more than $7,000 per year for a man living on disability. Why? Because he grows cannabis under a medical licence, but he grows more than four plants. Four plants is the maximum allowed under the government legislation. His insurance company has basically raised his rates to the point where he has to almost mortgage his insurance payments because the legislation has made it too costly for him to get insurance and pay for it up front.

He is not the only one. Another couple contacted me. They each have medical cannabis licences. Because the two of them grow more than the four permitted plants, they cannot find insurance.

This is just one example of how the government has failed to look at unintended consequences.

I will also tie in some of the experiences I have had on other committees in dealing with unexplained, non-scientific decisions of the government. It may seem unrelated to this, but I am trying to point out that this legislation is poorly drafted and should be taken back or at least have the proper time spent at committee to correct it.

Tying this to the fisheries committee, there was a regulation regarding the prawn harvesters in B.C., that had been in place for about 50 years. Everyone was operating under those rules. All of a sudden, the government decided it was going to reinterpret those regulations. Basically, it was going to shut down a huge portion of the spot prawn harvesters in British Columbia, simply by a reinterpretation of the regulation that had been in place for 50 years. There was no explanation, no working with the stakeholders to try to figure this out for the future. It threw the whole system into disarray because of unintended consequences of an decision that had not been researched or had any background.

I sat in on the heritage committee last week when it was going through the amendments, those that could be talked about. I tried to bring forward some of these issues about unintended consequences and the Liberal members on the committee tried to shut me down. They tried to censor what should have been my freedom of expression at that committee, pointing out the errors that the government continued to make. The member for Calgary Nose Hill was also in the committee at that time and witnessed how that took place. She may tie that session at the committee into her speech momentarily.

It was interesting to see how quickly the government seemed to want to censor Canadians, especially us parliamentarians by shutting down the debate at the committee stage of this bill to the point where amendments could not even be read aloud by the chair. They simply had to be listed by number and then voted on. Nobody could discuss what the amendment would do, the benefits or disadvantages of it, none of that. All of this was shut down by the government, trying to censor debate on this bill. Now the Liberals have limited the time we will have to debate it in the House, and it is a shame. Something as serious as freedom of expression deserves full and uncensored debate.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 10:15 p.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Mr. Speaker, that was a really important question. In fact, the member is correct. APTN and many other indigenous organizations that are involved in artistic creation in the production sector are supporting Bill C-10 for the very reasons he outlined. Basically, if we read the Broadcasting Act as it stands now, we are asking for broadcasters to invest in indigenous productions if they can. It is sort of an option. We want to make it mandatory to invest a certain percentage of the revenue that is generated in Canada into indigenous productions.

We have just invested $40 million in the last budget for an indigenous screen office, for the first time ever in this country.

That is a really important question that goes to the heart of Bill C-10.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 10:10 p.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Mr. Speaker, when the topic of freedom of expression was debated in committee, the majority of the expert witnesses said that Bill C‑10 was compliant and that it did not violate the Canadian Charter of Rights and Freedoms.

I have already said this publicly, and the member for Richmond—Arthabaska knows this: There are some people who should not be subject to any rules on the Internet. I recognize that. That is not the position of the majority of the parties in the House, it is not the position of the majority of the members in the House and it is not the position of the majority of Canadians. Study after study has shown that the majority of Canadians, nearly 80%, believe that the web giants should contribute their fair share.

There are some Canadians who disagree. We have seen this with the Conservative Party, but that is not what the majority of Canadians think and it is certainly not what the majority of—

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 10:10 p.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Mr. Speaker, there we have it again: It is all about YouTube. If people perform on YouTube, we consider them to be artists. If they are not performing on YouTube, we think what they are doing is simply no good and does not deserve our time of day, nor support from the state. For those who are already successful on YouTube, Bill C-10 would not change anything. Hopefully for them, they will continue to be successful.

What we want with Bill C-10 is for the web giants to pay their fair share. That is all we are asking. I thought if there was one thing the Conservative Party would be in favour of, it would be for everybody to pay their fair share, but it seems that no, they have decided to side with some of the wealthiest and most powerful companies in the world instead of supporting our artists.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 9:55 p.m.
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Laurier—Sainte-Marie Québec

Liberal

Steven Guilbeault LiberalMinister of Canadian Heritage

Mr. Speaker, I think it is fair to say that the debate on Bill C-10 went completely off the rails tonight. The Conservative Party is giving us a demonstration, and a fine one, unfortunately, that it has become the party of conspiracy theories.

To hear the Conservatives tell it, Bill C‑10 will take away every liberty we enjoy in Canada. The CRTC, one regulator among many in Canada, will be above all the laws and will be able to decide all sorts of things. The House will please forgive me for saying so, but it really feels like we are in a bad B movie. In a country like Canada, we might show a bad B movie on the big screen or on Netflix, but it would still remain a bad B movie.

Several members from various parties of the House have shown numerous times how many sections of the bill exclude individuals and protect freedom of expression, freedom of creation and journalistic freedom. Despite that, when the Conservative Party decides it has stumbled upon a fundraising gold mine, misleading people is no big deal.

The previous member talked about something absurd. What I personally find absurd is that we are allowing there to be two regimes: one that imposes rules on broadcasters, on independent Canadian producers and on all the companies that already exist, and another regime that imposes no rules on the web giants, on the world's biggest and wealthiest companies.

The Conservatives do not see that as a big deal; so be it. The Conservatives do not want those companies to invest in Canadian artists and talent. They want those companies to make money here but without paying their fair share. For a party that claims to be there for the people, for the middle class, for small and medium-sized businesses, I find this to be a complete aberration.

We have heard all kinds of arguments, including that emerging artists, those who are prominent on platforms like YouTube, were not consulted and no one spoke with them.

The Conservative Party claims to stand up for the French language, so I would refer it to the French-language article that appeared in the newspaper Le Devoir two weeks ago, on May 26, for which several vloggers were interviewed. Fred Bastien, a vlogger with 34,000 subscribers, talked about something that really bothers him. If nothing is done to make French content discoverable, he believes it will get lost in a North American ocean of people who essentially speak English. In his opinion, Bill C‑10 absolutely must get passed.

I could quote the great Canadian artist, Damhnait Doyle.

She was recently interviewed as well, and I think what she said is important. She said:

We are forgetting what happened 50 years ago. Fifty years ago, Canadians could not get played on the radio. It was all American music, it was all British music until the government stepped in and made sure that Canadians were played on Canadian radio. If it wasn’t for that, we wouldn’t have the Tragically Hip, we would not have Sarah McLachlan.

This is exactly what we are trying to do. Unless we modernize the Broadcasting Act, it is all going to be about American artists. Some Canadian artists will manage to emerge, but the vast majority of them will be forgotten. It is the same for French artists. It is the same for indigenous artists, who are just starting to emerge. We are going to quash their ability to do that. For those who are already successful on platforms like YouTube, Bill C-10 would not change anything.

I would like to quote Jean Yoon, Umma of the amazing Kim's Convenience series on CBC. She says, “My impetus as an artist has always been the creation of original Canadian work, from a culturally diverse perspective. That is always my preference as an actor in terms of film and television, to work on Canadian shows.” What she says next is really important. “A nation that doesn’t tell its own story doesn’t know who it is.”

That is really what is at stake. It is our cultural sovereignty, our capacity to continue telling Canadian stories. I watch American shows.

I really enjoy Scandinavian and South Korean series, but I think that as a country we have an interest from a cultural, artistic and certainly an economic perspective to continue to have the capacity to tell our own stories, to ensure that our creators are suitably compensated for the content that they broadcast on these platforms. That is what Bill C‑10 does.

The CRTC, contrary to what we have heard several times this evening, has never moderated content. It has never told a radio or television station that it can broadcast one program but not another. The CRTC will not acquire that power through Bill C‑10. We are told that experts say that if Bill C‑10 is adopted it will be the end of the world as we know it. Some Conservative MPs have even compared what Canada is doing to China and various dictatorships.

I would honestly and sincerely invite those members to go and see how things work in a dictatorship. To say that Canada is a dictatorship is ridiculous. It is pathetic and it misleads Canadians. It is completely false. The CRTC is not above our laws. The CRTC needs to follow the laws of Canada. Some parts of Bill C‑10 specify that the CRTC must respect freedom of expression and freedom of creation.

The law governing the CRTC specifies what the CRTC needs to do. As a regulator, the CRTC has some wiggle room, as do all regulators, but the CRTC must act within the limits of Canada's laws and regulations. The CRTC is not a state within a state. It is not a state that is above the state. That is absolutely ridiculous. I think that what we are seeing tonight is all the contempt that the Conservative Party has for our artists and Canada's arts.

The member spoke earlier about the excellent heritage critic, the member for Lethbridge, who had to publicly apologize for saying that artists, particularly those from Quebec, are outdated, stuck in the 1990s and out of touch with today's reality.

I think it is great that young entrepreneurs are able to succeed on YouTube. That is wonderful. Are the member and the Conservative Party telling us that that is what art is in Canada, succeeding on YouTube or nothing? That is not diversity. So much the better if some people are doing it.

I have had discussions with my counterparts in France, Germany, Ukraine and Scandinavian countries, and their governments are doing the same thing. They look at Bill C‑10 and say that is an excellent idea. They want to do that too. These are not Anglo-Saxon countries, except for Canada where obviously there is French and English, as well as indigenous languages. If we do not protect our linguistic and cultural minorities, Canada will become nothing less than a branch of the United States and Hollywood. I think it is great that major American productions are filmed here. It is great, but it is not Canadian artistic creation. It boosts the economy and puts people to work. It is great. However, the arts in Canada, support for the arts, the development of the arts and Canadian artistic creation represent much more than foreign productions that come here because we have skilled labour and it costs less.

Bill C‑10 is a bill for our artists. Our artists asked for it. Thousands of people were consulted on this bill. I have talked to more than 4,000 people over the past few months about Bill C‑10 and the Yale commission received 2,000 briefs.

The idea that the Liberal Party let the cat out of the bag with respect to Bill C-10 is false. The Conservatives have always opposed the bill. Even when the Yale report was released, they said that they opposed it. The report was over 200 pages long. Barely one hour after it was released, the then leader of the opposition said he would throw it in the garbage.

As soon as Bill C‑10 was introduced, the Conservative Party demanded that it be withdrawn immediately. The more things change, the more they stay the same. The Conservative Party's contempt for the arts sector is long-standing. We saw it under the Harper government. Members will recall when he said that everyone knows that artists and all those people go to cocktail parties.

I have news for the Conservative Party. Canadian artists earn $24,000 on average. They are far from being ultrarich jet-setters. Some are wealthy, and I congratulate them, but that is not the reality of most artists. That is why government support is important.

Rather than talking about these grand conspiracy theories that we have heard about tonight, the Conservatives should be honest with Canadians and with the cultural and arts sectors. They should admit that they do not believe in those sectors.

As I mentioned earlier, I spoke with more than 4,000 people. If there was one thing I did not hear once, it was the idea that the Conservative Party was there for them. I heard that about all the other parties. Out of over 4,000 people, no one told me that the Conservative Party was there to support them. I will not repeat in the House what I heard, but it was at the opposite end of the spectrum.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 9:25 p.m.
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Conservative

Eric Duncan Conservative Stormont—Dundas—South Glengarry, ON

Mr. Speaker, it is a pleasure to rise for the second time in the chamber to debate Bill C-10. I had the opportunity to debate it back in December at second reading.

I will be splitting my time with the member for Carleton.

Bill C-10 will be remembered as an iconic piece of legislation if it is passed, but not for the reasons the government would want. We have seen over the course of the last seven months a terrible rollout, terrible communication and a terrible committee process. As a result, we are in the House of Commons in person and virtually across the country going until midnight or later because of the desperation of the government trying to ram this legislation through.

I will state tonight that on all the issues we have dealt with on Parliament Hill, in the House of Commons, I have heard from constituents the most on this issue and a lack of trust for the government's actions on Bill C-10. The actions that we have seen take place at committee over the course of the last couple of weeks has only exacerbated those concerns even more.

Comments were made earlier about how the Minister of Canadian Heritage had handled this portfolio. I listened with interest earlier tonight when he spoke about how proud he was of this bill, how proud he was of the consultations that were held not only by himself, but by his predecessor to bring forward this legislation. We should ask why we find ourselves in this situation. There will be university professors teaching political science students in years to come, using Bill C-10 as an example of what not to do to build public confidence on an issue and have a bill successfully pass through Parliament.

If the consultations by the previous minister and the current minister were so well done, why did the government introduce a bill that, when it got to committee, and at one point I lost track, over 100 amendments were proposed, many from the industry and stakeholders. If they consulted and listened so well, why were they not included in the first place? The minister was on CTV's Question Period, as a prime example, and CBC's Power & Politics. His interviews were absolutely disastrous.

People ask why that matters in terms of legislation and policy. If the minister responsible for the bill cannot even give a decent performance in defending the merits of the bill, certain sections and concerns, that should tell us something. Not only were those media appearances terrible in explaining and trying to justify Bill C-10, on Monday morning the Prime Minister's Office had to issue retractions, saying that he did not mean that and it needed to be clarified. When that happens, it shows us what is happening with Bill C-10.

We are here tonight, and it is an absolute embarrassment for the government. I listened with interest to my other opposition colleagues from the Bloc Québécois and the NDP. They said that the government had done a terrible job with the legislation, that it did not consult properly, that it should have done it sooner, but they would back the government up to ensure the bill was passed. It does not matter how bad the bill is or what is not in it, they want to pass the bill to say they checked off a box.

Many of my colleagues spoke tonight about problems and concerns with the legislation. I want to elaborate and be specific. I want to take part of my time tonight to focus on an organization that is not very popular in the country these days, and for good reason: the CRTC.

In this updated legislation, the government and opposition parties have ganged up to take out the part that regulates individual content. The CRTC would have the power to take down content by individuals, and we would have no way of knowing if there were other amendments.

I want to thank a Canadian who I did not know of, but we have heard a lot about him in the debate on Bill C-10, and that is Michael Geist. I am kind of jealous of him. He has about 87,000 followers on Twitter now and has been an eminent voice, talking about the concerns with Bill C-10. If the government is so proud of its work and the bill before us, I want to read two tweets from Mr. Geist. He is a law professor and Canada Research Chair in Internet and E-commerce Law at the University of Ottawa. I would suggest he is an expert who is probably pretty well versed on this subject.

He has been following committees for weeks and weeks on end, many of those committee meetings being filibustered by the government. He has said two things.

He said, “The committee just passed a Liberal amendment to Bill C-10 that has never been made public. Committee is just reading amendment numbers with no information provided. Chair says he cannot given any details. Literally secret law making.”

He followed that up in frustration right afterward, “Having spent hours watching Bill C-10 committee hearings, I’m out. MPs are voting on amendments that have never been made public, no experts to ask, no discussion, no debate. This is what Liberals, NDP and Bloc voted for. This is not how laws are supposed to be made in Canada.”

I will agree with the NDP and the Bloc Québécois. The government has had six years to get this right. There is not an MP in the House who believes the Broadcasting Act of 1991 is still relevant in today's day and age. Back in the day when that law was passed, I was four years old. I was not watching it too attentively when it was passed under a previous government. To show members how outdated it is, I will do this again. Bryan Adams was topping the charts. Whitney Houston, Madonna, Boyz II Men and Vanilla Ice were some of the other names and, as my colleague from Kingston and the Islands says, we could only listen to them by radio back in 1991.

There is no denying that we need to update the Broadcasting Act, but I go back to the arguments that are technical and important. If this bill is so well-organized and if this bill is so wonderful, why has the government resorted to shutting down committee, ramming the legislation through and putting in amendments when we do not even know what they are. The government was mocking us earlier when we were raising our concerns and frustrations about the bill and the process. I have specified the role of the CRTC and I will get into that in a moment. However, it is hard to know what is in the final bill, because there is a gag order by the minister. I do not even know what the status of some of those parts and pieces are. That speaks volumes to this.

I want to take some time to speak about the CRTC. I have seen this before, and there is a perfect example. My colleague from Carleton is in the chamber and will speak to this after me. He asked the Minister of Innovation, Science and Industry a couple of weeks ago about the recent CRTC decision by the chair, Ian Scott, on wholesale internet rates in the country. The CRTC reversed its commitment to lower ISP rates around the country. It was a huge controversy with huge frustration.

I have heard it from small Internet service providers in my riding. I want to give credit to Birket Foster of Storm Internet in Chesterville who has spoken about this. The CRTC is singlehandedly spiking the cost of Internet affordability in the country. I asked the minister about it. He said that was the CRTC and that he was working hard and trying, but it was the CRTC. The same thing is going to happen with this legislation.

We see vague definitions like Internet regulation, what it means for users and all this chaos and confusion. The government is handing over, it is kicking the can down the road to the arm's-length CRTC to make decisions based on vague wording and poor legislation. Then what happens is that the Liberals will say that it is not them, that it is the independent CRTC. I have said this before in the chamber and I will say it again. It is our job to get the details right. We all support Canadian content. With the Internet and the tools available to us, we do not need to protect Canadian content as much as we need to let it flourish.

I believe in our Canadian artists. We have seen examples through YouTube. We have seen numerous creators across the country use those platforms, make a living and elevate Canadian content. My constituents do not want to search something on YouTube based on what the government thinks they should see. They want to do it based on algorithms that show what other Canadians and other people who are interested in like-minded subjects see. We have seen the success that this can happen.

The government's approach is wrong. The Liberals know it is wrong. That is why they are going through a secretive committee process and trying to ram this through before the summer. Canadians are getting more and more concerned by the day on this.

I appreciate the opportunity to, once again, put on the record my strong opposition to the bill and to this process.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 9:20 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, I honestly do not know where to begin. I am trying to find something relevant, interesting and enlightening in my colleague's speech, but honestly, I cannot find any such thing.

For months, I have had the so-called “pleasure” of working on Bill C‑10 at the Standing Committee on Canadian Heritage. Now I wonder, because I am hearing falsehoods. It is said that if a lie is repeated often enough, people will start to believe it. An argument can even be built on a false foundation.

I would like to know what my colleague thinks we can do to protect Quebec and Canadian culture and all its diversity. I am talking about protecting indigenous content, francophone content in Quebec, but also outside Quebec, in francophone communities across Canada. How does my colleague plan to protect this identity in a bill that is essential and that is recognized as such by every industry player? How does she think we can get there, when what I am hearing does not make much sense?

I would like her response and her idea of what exactly should be done to protect the Canadian broadcasting system, which needs protecting and should have been protected long, long ago.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 9:10 p.m.
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Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, I am proud to rise on behalf of the free-speaking riding of Renfrew—Nipissing—Pembroke.

When I spoke on Bill C-10 last December, I called this bill a fraud, an attack on freedom of expression, and a particular danger to the rights of Canadians speaking minority language. Since debate at second reading, this bill has become so much worse. The bill was already an assault on freedom of expression, but the process to ram this bill through Parliament is an assault on the foundation of parliamentary democracy. Undemocratic means have undemocratic ends. In the end, what we have is a bill so flawed, so regressive, so illiberal, the government must cut off all debate.

When I spoke against the Internet censorship bill at second reading, I highlighted how this bill is an offence against Canadian values. It is an attack on freedom. It is an attack on truth. It is an attack on multicultural heritage. Even before this bill was made worse in committee, it was an affront to freedom of expression. By removing the clause protecting social media, the Liberal government has made the violation so clear that every Canadian is now aware of the threat to their freedom.

This bill offends Canadians' sense of honesty by perpetuating a fraud and claiming video delivered over the Internet is the same as a video delivered by broadcast. Internet video streaming has more in common with video rental stores, movie theatres or book stores than they do with broadcasters. Internet video streaming, movie theatres and book stores sell a product to Canadians. Broadcasters turn Canadians into the product and sell them to advertisers.

One business model sells the work of cultural expression to Canadians. The other business model uses works of cultural expression to sell Canadians to big business. Broadcasters sell Canadians to advertisers using publicly owned airwaves and regulated cable monopolies. The federal government has the authority under the Constitution to regulate broadcasters. Movie theatres, video rental stores and book stores fall under provincial jurisdiction, even if they are foreign owned.

The bill is unconstitutional even before it attacks the charter. Canadians are already fed up with Super Bowl commercials being substituted. How do Liberals think they are going to like the idea of their favourite YouTube streaming video being substituted by some CRTC-approved Canadian video? They would never try this with books or movies.

Canadians are not forced to buy a Canadian book to read A Game of Thrones. Canadians are not forced to watch a Marvel movie filmed in Vancouver to attend a foreign film festival. If the Liberals tried this with books or theatres, it would be clear that this wrong. However, the problem with this bill is the violation to freedom is more subtle, at least it was until the government removed section 4.1. That is when it stopped being a subtle attack on a freedom of expression and became a full on assault.

The government will claim it has no interest in censoring Canadians' cat videos, but that is not the concern. The concern being expressed, since the removal of section 4.1, is not that the CRTC will take down YouTube posts, it is that YouTube would take down or de-prioritize videos in order to comply with regulations. A counter argument that we should not worry about cabinet putting its thumbs on the CRTC scales because of the regulatory system takes a hit when one considers that Bill C-10 streamlines the process of cabinet giving directives to the CRTC.

That is not to say the Prime Minister would go around ordering YouTube posts to be taken down. It is just the limitations on what any future cabinet could do is reduced. Deleting parliamentary committee oversight of cabinet directives to CRTC may not be Orwellian, but it is what an Orwellian-minded government would also do.

I do appreciate the attention being drawn to regulations because that is where the original threat to freedom of expression lies. Compliance with these regulations comes with a relatively fixed costs. For Netflix that cost can be spread out over seven million Canadian households, but for a smaller streaming service, that cost may be spread over 700,000, 70,000 or 7,000 households.

As the popularity of the type of expression decreases, the cost to receive it increases. The only cost to receive any broadcast expression is the cost of a receiving device, but streamers charge end users. The whole point of having that freedom is not to protect the majority or popular expression, but the minority or unpopular expressions. This is not to say that web giants cannot be regulated, but fundamentally they are not broadcasters and cannot be regulated as such without impacting freedom of expression.

As I said earlier, Internet streaming services are more akin to movie theatres and bookstores, both of which are currently restricted under provincial registration. Is that closure a limitation of freedom of expression? It sure is. Is that reasonable in a free and democratic society during a pandemic? Ultimately that will be for the courts to decide, but at least there is a public purpose other than to grab some cash for the well-connected.

The point is that movies, bookstores and Internet streamers can be regulated, but it has to be in the public interest and by the appropriate level of government. Just as we have regulations that say someone cannot build a bookstore made out of dry kindling, someone cannot build a digital service that threatens to burn down democracy and not expect some public interest.

Any opposition to Bill C-10 is being framed as opposition to Canadian culture or logically extending to opposition of the Canadian content system. It only furthers the attempt to force a new digital world into an old analog paradigm, which also cuts off discussion on how to update the Canadian content system to the digital world. The whole idea of needing a system to feature Canadian artists to Canadians comes from a time when we were culturally insecure, but we are not that country any more.

We are the most diverse country in the world. We import culture and we brag about it. We are a proud, confident country. We do not live next door to the United States on the Internet. We live next door to everyone online. Canadians are amazing and our artists are awe-inspiring.

At the end of the day, cutting through the government rhetoric about Bill C-10, it is not about protecting culture or online harms. It is about money and rent-seeking. The government needs money and needs industry interest groups with euphemistic names to say nice things about them in French.

Until now the cost of this rent-seeking was largely borne by advertisers or CRTC-inflated cable bills. The government likes to claim that it will go on to fund artists, but it really ends at the money going to producers and their lobbyists.

The difference now is that the costs will not be paid by web giants, but by consumers. The methods to collect the money are media fund levies, regulatory compliance costs, a new digital service tax and HST on top of all of it. Together this adds up to a massive regressive excise tax. There is an HST credit to offset the regressive nature of that tax, but there is no rebate for the GST or the Canadian content media levy.

The government is not forcing web giants to pay. It is forcing low-income Canadians to pay and to pay the most. It does not have to be this way. We can regulate online businesses in the interest of public safety, and we can do it without threatening freedom of expression.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 9:05 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, the parent act, the Broadcasting Act, has three sections that specifically articulate freedom of expression. The version of Bill C-10 that was passed by the House at second reading specifically had a section that protected anyone who is uploading programs for transmission over the Internet. Then when the bill was at committee, there were four specific amendments adopted to ensure freedom of expression; one from the Liberals, two from the Green Party and one from the Conservatives.

With all of those sections that are specifically articulating freedom of expression, why are they all together not enough for the member to be satisfied that it is, in fact, protected?

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 8:55 p.m.
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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Mr. Speaker, I will be splitting my time today with the member for Renfrew—Nipissing—Pembroke.

What could be more fitting for a bill that could limit the free speech of Canadians across the country and what they can see online, than a government trying to use tactics to limit debate in Parliament? I have heard, loud and clear, from my constituents in Kelowna—Lake Country, and we have heard, loud and clear, from experts from coast to coast to coast how poor Bill C-10 is.

Canadians do not want this deeply flawed, speech-limiting, online-viewing-limiting legislation. It is truly shocking that the government would attempt on more than one occasion to limit debate on a bill that has been so divisive. The government keeps raising the bar on what divides us. If the Liberals cannot even tolerate dissenting views in committee and in this House, how are Canadians supposed to expect them to act differently and respect their views online should this legislation come into force?

Back in May, I addressed this chamber through Statements by Members, outlining the overwhelming opposition to this troubling bill from my constituents in Kelowna—Lake Country. I outlined how hundreds, and by now hundreds more, have written me with their valid and real concerns. Residents in Kelowna—Lake Country have strong reservations about the government's attempted overreach to regulate individual Canadian Internet users and what they can hear and see online, concerns shared by University of Ottawa professor Michael Geist. Dr. Geist is not just some newcomer to the field. He is the Canada Research Chair in Internet and E-commerce Law. Not only could he be considered an expert, he is a vocal and non-partisan critic who has been fighting for the rights of Canadians by speaking out against this dangerous legislation.

Dr. Geist has outlined how, despite the empty words on the part of government claiming otherwise, this legislation, “represent[s] an exceptionally heavy-handed regulatory approach where a government-appointed regulator decides what individual user generated content is prioritized”. Dr. Geist has also called the recent manoeuvring by the Liberals at the heritage committee to effectively cover this legislation in a dark cloud of secrecy “disturbing”, when the committee began to vote on undisclosed amendments without any debate or discussion.

All of this came on the heels of the Liberals' teaming up with the Bloc earlier this month to severely limit debate by using an archaic parliamentary process, manoeuvres that have not been seen in over 20 years in this House. The Liberals may claim that this legislation is to modernize the Broadcasting Act, but that has not stopped them from using procedures to ram Bill C-10 through Parliament without proper debate or discussion. We heard in debate today, from my colleague the member for Saskatoon—Grasswood, how 40% of Bill C-10 was not even discussed or debated at the heritage committee with respect to other recommendations.

The voices of my constituents will not be silenced. Residents of my riding in Kelowna—Lake Country from all walks of life have written to me ever since the introduction of this draconian bill, stating, “Censoring free speech or shutting down debate is not acceptable.”

Another wrote that, “People should be able to speak freely on all platforms”.

One wrote that, “It is shocking that the current government has the audacity to even propose something as limiting to free speech as Bill C-10”.

Further comments were also expressed: “We must not tolerate this kind of censorship of free speech in a free country”; and, “Bill C-10 is the most appalling assault on free speech we have seen from any democratic government”.

I agree with my constituents of Kelowna—Lake Country, and that is why I am here today.

This legislation is an unacceptable attempt by the Liberals to target the freedoms of individual Internet users in Canada. It raises significant concerns about the ability to preserve net neutrality, which is an important principle that ensures free flow of content and that no content on the Internet is favoured over another. Net neutrality is basically the principle that Internet service providers should enable access to all content and applications, regardless of their source and without favouring or blocking particular products or websites.

The bill before us would give the Canadian Radio-television and Telecommunications Commission, CRTC, absolute control with no clear parameters. Furthermore, this legislation would give sweeping powers to the CRTC to regulate the Internet, including individual users with no clear guidelines for how that power would be used.

What are Canadian creators saying about this proposed legislation?

Well, J.J. McCullough, a well-known Canadian YouTuber, recently wrote an opinion piece in The Washington Post. Mr. McCullough has nearly 300,000 followers on YouTube and, by his own research, he says that this makes him the “1,483rd most popular Canadian YouTuber”. I would say that provides a pretty clear picture of the success that Canadian content creators have online. He goes on to note that there are “...well over 100 Canadian YouTubers with subscriber counts surpassing 3 million — a combined audience larger than the population of Indonesia”. He mentions how well Canadian YouTubers have done without this legislation. Mr. McCullough also notes with real concern that “If Bill C-10 passes, satisfying the needs of audiences — the formula that has produced countless Canadian YouTube success stories...may soon take a back seat to satisfying government regulators”.

His trepidation is justified, as the Liberals rejected an exemption to individual users who upload videos to social media and even took it a step further by promising to introduce a new amendment to regulate apps. We have also heard that digital first creators have not been consulted. It is smoke and mirrors to say that Bill C-10 is about charging big Internet companies to get tax dollars.

On Bill C-10, Conservatives propose to protect individual users and small players in the market by exempting streaming services and social media users with lower revenues. The Liberals rejected this common-sense compromise. The minister ignores these concerns despite the stated purpose of the bill being to promote Canadian content and support, not burden, Canadian creators. However, if history is any indication, the minister does not care about factual and thoughtful points such as these. His party only cares about shutting down debate so its members do not have to listen to the mounting evidence against this proposed legislation.

It is not just the residents of Kelowna—Lake Country, Canadian content creators or Dr. Geist who are speaking out against Bill C-10. A former commissioner of the CRTC has said in an interview that Bill C-10 “...doesn’t just infringe on free expression, it constitutes a full-blown assault upon it and, through it, the foundations of democracy”. This was from a former CRTC commissioner, and if anyone can speak on how the CRTC could interpret its new powers, he would be the one to ask.

The government claims that Bill C-10 is a priority and that is why it is using the tactics that it has chosen to employ. My Conservative colleagues and I will not apologize for doing whatever is necessary to defend the right to free speech and free viewing of the content of Canadians.

I think it is important that we examine exactly what has taken place in this Parliament leading up to this moment. We must not forget that it was the Liberals who prorogued Parliament to escape scrutiny for their ethical scandals. When it is something they want, they will ram it through in any way they can using procedures like the one we recently saw around Bill C-10, which we have not seen used in the House for over 20 years. There were amendments at committee that were never even read and debated. The Liberals had four years as a majority government and have been in power in this Parliament for almost two more.

We will be back here in September as, after all, the Liberals definitely do not want an election, right? So, I will not apologize for standing up for Kelowna—Lake Country and I will not apologize for standing for free speech and for net neutrality. This is deeply flawed legislation that should be deeply troubling, and it is troubling to the core to each and every one of us to consider here today.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 8:45 p.m.
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Bloc

Julie Vignola Bloc Beauport—Limoilou, QC

Mr. Speaker, I would like my colleague from Kingston and the Islands' opinion. I am on page 16 of Bill C‑10, specifically subclause 8(10), lines 7 to 14 of the English version, which states the following:

(4) Regulations made under this section, other than regulations made under paragraph (1)(i) or (j), do not apply with respect to programs that are uploaded to an online undertaking that provides a social media service by a user of the service — if that user is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them — for transmission over the Internet and reception by other users of the service.

My interpretation of that provision is that, if Videotron uploads content to YouTube, the company is subject to CRTC rules, but ordinary users who do likewise are not. I see no attack on freedom of expression there. Does my colleague interpret that provision the same way?

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 8 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, I have to be very sympathetic to our translators. They do a phenomenal job, ensuring all members can understand what is being said. I apologize for any popping noise that I might have caused.

In regard to the legislation, and as I was listening to the debate this evening, I was reflecting on a couple of points. One was the Conservatives' opposition to the legislation and the tactics they used to try to frustrate the House, and ultimately mislead Canadians on the second reading debate of the legislation. I can recall at least a good portion of that debate back then.

I realize I somewhat date myself as a parliamentarian now for about 30 years, both at the provincial and national level, but a lot of things have changed. When I was first elected, I had a Compaq computer. I think it was a 256 kB, and it had a five-and-a-half inch disk on which to back things up. To get on to the Internet in downtown Winnipeg, at the Manitoba legislature where my office was as an MLA, I would have phone into the Internet. I would get the long dial tone, a ding-ding sound and then I would be on it. It sure was slow as was the computer.

Things have changed. When I compare that to where we are at today, a couple of things that come to mind. We have underestimated for decades the impact the Internet has on society in many different ways. With regard to the legislation, for the first time we are taking steps forward to address that huge gap, those decades of doing nothing.

We have a Prime Minister who understands that technology has changed and he has mandated the Minister of Canadian Heritage to bring forward this legislation. Members within the Liberal caucus have been waiting very patiently for the legislation. We were glad to see it not only introduced, but get to second reading and then ultimately pass out of second reading. It has been long overdue.

Today, we have Wi-Fi. We can forget the telephone-dial-in type of Internet in downtown Winnipeg. We cannot even draw comparisons to the speed. I am learning this thing about music with the iPad and iPhone. It is called Apple Music, and I have acquired some music from that service. It has millions of songs. I suspect that if I were to start to listen to one song after another, I would be long gone before all the songs were played. In other words, any song one could possibly imagine can likely be found in its library. It is truly amazing what we can get on the Internet.

There are shows from the past like The Andy Griffith Show, or Three's Company orWKRP in Cincinnati. These are all shows from the past, and were fairly dominate outside of Canada. I remember The Beachcombers from British Columbia. There were many different kids' programs. I think of programs with great Canadian content. At one time, I suspect the rules sufficed, that they protected the industry, the consumers, our arts and culture and ensured we had a sense of Canadian identity.

As I have pointed out, over the decades, things have really changed. We can be very proud of some of the programs we have seen over the last number of years in particular.

I did not hear of Schitt's Creek until it won all those wonderful awards. A number of my caucus colleagues talked about the program, so I binge watched it. One gets a sense of pride that this is a first-class Canadian production. There is a very strong Canadians perspective to it.

When I think of programs of a Canadian nature, I think of Corner Gas from Saskatchewan and some of the personalities in that show. I think of some of the music industry stars such as Celine Dion and Anne Murray, just to mention a couple with whom I am familiar, as I am not really the most musically inclined.

However, Canada is rich in our heritage and in the arts, and we need to do what we can to protect that into the future. In good part, Bill C-10 is all about that. It is the part that interests me. I am very much concerned about Canadian content going forward and the opportunities for future songwriters, scriptwriters, musicians, actors, performers and the people who manage the stages. A healthy, vibrant industry exists and it needs to be supported. One of the ways we can support that industry and protect, in good part, our Canadian identity going forward is to support Bill C-10.

I find it amazing that the Conservatives have taken a hardened approach to it. I asked a question earlier about freedom of speech. I asked the member to be very specific, to provide me with a quote. A former member mentioned a couple of clauses, which I will have to take a look at, but the member I asked the question of did not even attempt to answer the question. I do not think she had any idea what it specifically was.

The Conservatives are very good at spinning things. I have been getting emails, as I am sure others have, about concerns with freedom of speech. It was even brought up at one of my virtual town hall meetings. A lot of Conservative spin out there is amplified for a wide variety of reasons. The skeptic side of me might say it has something to do with the Conservatives fundraising machine. Another reason might be that they are frustrated with other issues related to the pandemic, such as the government's performance in its work with other levels of government and Canadians and how reasonably well things have gone on that front, so they are trying to find something to complain about.

Based on today and what I heard coming out of committee, the Conservatives have definitely found something, and that is Bill C-10 and freedom of speech. I still do not understand the connection.

I do not remember the date, but the Prime Minister said:

Mr. Speaker, just as Canada's analysis confirms that Bill C-10 remains consistent with the charter's guarantee of freedom of expression, Bill C-10 aims to level the playing field between creators and web giants.

It requires big, powerful foreign streamers to provide information on their revenues in Canada, to financially contribute to Canadian stories and music, and to make it easier for individuals to discover our culture.

The bill explicitly says that obligations apply to web giants only: not to Canadian users. Web giants have gone unregulated for far too long. Our government has chosen action over reaction.

I appreciate that there have been some amendments, changes and modifications, but whether it is the Prime Minister or the Minister of Heritage, they have done a fantastic job representing what the legislation would do, considering the degree of support it is getting. I believe the National Assembly of Québec, listening to the minister, unanimously said that Bill C-10 was good legislation and it should be passed.

It surprises me that when Bill C-10 was in committee, the Conservative Party was determined to prevent it from moving out of committee. I genuinely believe that if it were up to the Conservative Party, Bill C-10 would never have left committee.

Some members say that they feel ripped-off because they did not get the chance talk to the amendments, because the government put time allocation on the amount of time the committee had for the bill. I would like to remind my Conservative friends that, as a minority government, for us to successfully put in any form of time allocation, we require at least one other opposition party to support that initiative. We cannot ram it through committee stage.

It seems to me that the Conservatives feel their rights have been walked on if the government brings in a motion for time allocation and gets passed. However, for the government to have the time allocation motion passed, it has to have an opposition party onside, and in this situation the Bloc Québécois provided the government the numbers necessary to ensure that Bill C-10 would get out of committee. If it were not for the desire to move this legislation forward and get the support to do so, it likely still would be in committee today.

Many members, including myself, would have thought the New Democrats would have supported that move. Those members are not what I would classify as naive. They understood what was taking place in committee. They seemed to understand what the Conservative Party was attempting to do with Bill C-10. However, we were able to move the bill out of the committee stage and get it to report stage and then third reading so we can get it passed. As I pointed out at the very beginning, this is critical legislation.

I have been in opposition in many governments for 20-plus years, and I have had the good fortune of being a part of a majority government. Typically, when we get to the month of June, hours are extended and we look at passing important legislation before the summer.

It is no different this time. We attempted to bring in extended hours and we were successful, but not because of the Conservatives. That is the reason why we are debating this legislation right now. We were able to get support, not from the Conservatives but from other opposition members, so that we could actually sit longer to debate the legislation we are debating right now.

Ironically, Conservative Party members would argue that they do not want extended hours. They did that. Let us remember that last Thursday the Conservatives tried to adjourn the House. They did not even want us to sit on Thursday. It is because the Conservative Party has no interest at all in seeing any legislation pass at this point. Conservative members will do what they can to filibuster and prevent the government from passing legislation. On the other hand, they will be critical of the government because they say we are trying to limit the amount of time in which they can speak to legislation. However, they were denying the opportunity to speak by having extended hours and by actually sitting as opposed to trying to adjourn debate for the day.

Just as the Conservative opposition continues to be a destructive force on the floor of the House of Commons, as it attempts to frustrate the government in trying to pass legislation such as our budget, the Liberal government will continue to be focused on Canadians and on ensuring, as much as possible, that we have legislation like our budget, Bill C-10, Bill C-6 and other progressive pieces of legislation that other progressive parties will see the merit of passing. This is as opposed to buying into what the Conservatives want, which is to prevent at all costs any legislation from passing in the House of Commons.

This legislation is good legislation. It is good for Canadians. It is good for the industry. I highly recommend that all members of the House support its passage.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 7:40 p.m.
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Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, it is an absolute privilege to rise in debate today. I must say, without commenting on who is or is not in the House, that the government benches have not looked this good in years.

I am happy to speak on Bill C-10, an act to amend the Broadcasting Act and to make related and consequential amendments to other acts. The idea or belief behind this act, and some of the goals that the minister espoused, are laudable. As the member for Saskatchewan said earlier, the Broadcasting Act absolutely does need to be updated, there is no doubt about that, but it infringes upon one of the most sacrosanct principles in our country, and that is our freedom of expression and freedom of speech. Freedom of speech and freedom of expression are really the pillars of all the freedoms we enjoy today. I would like to talk a bit about how people have talked about the importance of freedom in the past.

One of my favourite books in the entire world is The Republic written by Plato, the musings of Socrates. Socrates said a couple of things that are critical to this debate. I own a couple of horses. I love horses and think they are beautiful. Socrates talked about a horse in particular and said that someone may have a beautiful, fantastic horse, but in the absence of any type of motivation or being pushed forward, it would lose its strength. Socrates likened himself to a fly that kept the horse swishing his tail, kept the horse moving and getting stronger. That is what the discussion is in many ways on the Internet. It is that fly that keeps people and discussions going, keeps pushing our discourse to be better.

Alexis de Tocqueville, one of my other favourite political philosophers, said, “The health of a democratic society may be measured by the quality of functions performed by private citizens.” This was de Tocqueville talking about the Internet 200 years before the Internet existed. He captured the very essence of our democracy. The foundation of our democracy is the citizens that underpin it. Never before has there been such a democratization of information and the ability to contribute.

When members of other parties chastise Conservatives and say our concerns are not legitimate, it goes to the very heart of who we are. In fact, the reason I am so passionate about this is because I want members of the Green Party, the NDP, the Bloc and the Liberal Party to always be able to express themselves. That starts to be limited and gets pulled away. Oftentimes when we lose our freedoms, it is not in one swift blow. It is often bit by bit. Conservatives stand as the guardians not just for our freedoms, but for everyone's freedoms, including members of all parties in this House.

There is no doubt that there have to be some reasonable restrictions on freedom of expression and freedom of speech, but it is my contention that this legislation has gone too far. I have noticed there have been questions recently as to what specifically this bill would do to limit freedom of expression. Let me go through this and explain it specifically to members. This is not just bluster; there are legitimate concerns.

Bill C-10 defines undertakings for the transmission or retransmission of programs over the Internet for reception by the public by means of broadcasting apparatus. This means that we are now including the Internet in the Broadcasting Act. Conservatives are okay with the idea for massive followings with $100 million in revenue or the Netflixes of the world. There is some discussion to be had there, there is no doubt, but for the individual provider, as it says in proposed subparagraphs 9.1(1)(i)(i) and 10(1)(i), among other things to adopt, “requiring social insight such as YouTube to take down content it considers offensive and discoverability regimes.”

What that means is that within this bill, as it is currently written, there is the ability to push content up or down. What does that mean? That means a government, a bureaucracy, the CRTC can say, “This content, we believe, is more agreeable or more Canadian than this other content”.

The reality is that the misnomer in this whole debate is that Canadian content producers are not doing well. The opposite could be true. Canadian content producers are some of the largest producers per capita of YouTube content in the entire world. Our content creators are doing a fabulous job, and we need to reward them for that, not penalize them.

We should not just be pushing people down randomly, and that takes the most positive view. I would certainly hope that, if this legislation ever came into place and the CRTC became responsible for the algorithms pushing content up or down, it would stay non-partisan.

However, sadly, colleagues and all Canadians have witnessed something I thought I would never see in my lifetime. We saw a case where there could have been interference with the independence of the judiciary. That was the SNC-Lavalin affair. What happened there was a potential direction of the Prime Minister's Office to an actual investigation of SNC-Lavalin for deferred prosecution.

This should never, ever happen. In fact, prior to this case, to me the independence of the judiciary was sacrosanct. I did not think that even the Liberal government would consider it, or that it would even be in the realm of possibilities, but we saw that it was.

Seeing that is conceivable, is it then also conceivable that a government of the future could potentially put pressure on the CRTC to favour one particular political viewpoint? I would render to the House that, if in fact a government could potentially interfere with an independent legal investigation, it is completely possible that this could happen. That would be a limitation of our freedom of speech, which would be incredibly dangerous to our democracy. As I said, freedom of expression and freedom of speech are the underpinnings of all our freedoms. They are the shields that protect our freedoms, going forward.

When we get to this, the health of a democratic society may be measured by the quality of functions performed by the citizens. Those were de Tocqueville's words on the importance of democracy.

It is important that we hear from all the citizens, and that includes the House of Commons. Unfortunately, we have had a gag order put in place. The irony of all ironies is that we are here defending freedom of speech, and the government put a gag order on us defending freedom of speech, saying that there is not an issue of freedom of speech. The irony there is just too rich.

We need to go back. We need to peel back the boards here. We need to go right back to the studs and we need to look at this legislation and start over again. It is absolutely flawed. Anyone who heard the minister's interview on The Evan Solomon Show knows that there is a significant problem with this.

Long live freedom, and long live Canada, the greatest country in the world.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 7:40 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, with respect to my Conservative colleague, I did not really hear an answer to the previous question.

I have reviewed this bill's progress through committee, and its report back to the House. There were amendments adopted to the legislation to ensure freedom of expression. There are sections in the parent act that specifically articulate freedom of expression. Even in the original Bill C-10 that was sent to committee, there were sections dealing with freedom of expression.

I will ask the member, again, if she could point to a specific section in this bill that has been reported back to the House that she has troubles with, that sort of backs up all of the points she made in her speech.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 7:25 p.m.
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Conservative

Rosemarie Falk Conservative Battlefords—Lloydminster, SK

Madam Speaker, I will be splitting my time this evening with the member for Northumberland—Peterborough South.

Canadians expect that legislation passed through the House has been subject to rigorous and fulsome debate, and that the members they elect to this chamber have had the opportunity to represent their voices and to be heard. It really is unfortunate that we find ourselves here once again with the Liberal government moving to shut down debate. The scary and concerning irony here is that the primary concern that has been raised on Bill C-10 is its implications for freedom of speech. The Liberal government's persistent steps to silence members of Parliament from defending free speech in this chamber certainly do not alleviate the concerns that Canadians have raised with the legislation before us, including many of my own constituents in Battlefords—Lloydminster.

Bringing forward legislation to modernize the Broadcasting Act is not without merit, and we have heard that this evening. In fact, this act has not been updated since its adoption in 1991. I was only a couple of years old in 1991, but we all know that the broadcasting landscape has changed drastically in the last three decades. There is no doubt that the Internet, technological advancements and evolving platforms certainly require some form of modernization. That is why Conservatives support creating a level playing field between large, foreign streaming services such as Amazon and Netflix and Canadian broadcasters, but Conservatives do not and certainly cannot support deeply flawed legislation that would compromise Canadians' fundamental rights and freedoms.

Bill C-10, in its current form, leaves the door open for a massive abuse of power and abuse of the rights of Canadians. This proposed legislation would allow the Canadian Radio-television and Telecommunications Commission, or CRTC, to regulate user-generated content uploaded to social media platforms. The CRTC's regulatory power would go beyond television, radio and digital platforms if this legislation passes. It would extend the CRTC's power to regulate the free speech of individual Canadians on social media.

This legislation at the outset started with clear exemptions for social media that, due to amendments brought forward by the Liberal members on the heritage committee, are no longer included. If the intention of this legislation was not to regulate individual Canadians or to leave the door open to the possibility of restricting Internet content, then what was the motivation to remove the exemptions?

The Minister of Heritage has failed to provide Canadians with a sufficient answer to that question. The minister has also failed to provide Canadians with clear guidelines on how this power would be used. Giving unelected bureaucrats the authority to censor the Internet and regulate what Canadians post on social media is a radical change.

In our modern digital world, social media plays many roles. Social media is a powerful tool. It is a tool to speak truth to power, to raise opposition, to bring attention to issues and so many more items. The freedom to do that should be unencumbered in a free and democratic society. Those actions should not be subject to abuses of power. Around the world, countries that do not share our values may see fit to enforce such restrictions or regulations, but to move in that direction and to enshrine this power grab is simply unacceptable.

As it is currently drafted, this legislation does not belong in a society that values freedoms. It really is shameful that Conservatives are the only ones in this chamber who are fighting this attack on free speech and opposing Bill C-10. However, to be clear, it is not just Conservatives who are deeply concerned by the implications of this legislation.

The former CRTC commissioner, Peter Menzies, has called the Liberals' Bill C-10 a, “full-blown assault upon...the foundations of democracy”.

Timothy Denton, the former national commissioner of the CRTC has also said, “Forget about 'broadcasting': C-10 is clearly intended to allow speech control at the government's discretion”.

Those powerful and informed criticisms are not to be taken lightly. Free speech is a fundamental Canadian right. Why even leave the door open for any sort of abuse? Many of my constituents in Battlefords—Lloydminster have expressed grave concerns to me about the bill. Many have questioned the Liberal government's intention with the bill.

It has been promoted by the Liberals as a levelling of the playing field between traditional and digital broadcasters, but a look at the details reveals that it goes far beyond that. Will the criticisms of my constituents ultimately be silenced if this legislation is passed?

If those with any sort of following express discontentment with the Prime Minister's repeated attack on our energy sector, the government's failure to support our farmers and our farm families, or any other government policy, will they be subject to these regulations?

Ultimately, the question that gets raised in this debate is the question of whether this legislation is simply a tool to allow the Prime Minister to silence opposition and those who reject his agenda. If that is not the intention, why are we not taking the time to amend and draft the legislation so there is no question?

The concerns that have been raised about this legislation are very serious and the potential impact of this legislation's passage is wide-sweeping. Not only is it completely reasonable for Conservatives on this side of the House to want fulsome consideration of this legislation, I would suggest legislation of this magnitude demands it. That is not where we find ourselves.

The motion is not at the end of fulsome debate, extensive consultation and careful clause-by-clause consideration. In fact, we have not even considered the legislation at this stage, yet we find ourselves considering a motion this evening to limit and to once again shut down debate.

We find ourselves once again at odds with the Liberal government members as they act to silence the voices of those who disagree with them in the House of Commons, actions that will in turn give them the ability to silence the voices of those who disagree with them online.

Canadians can be confident that if this legislation is rammed through Parliament with the support of the NDP and the Bloc, Conservatives are committed to repealing it. However, I would sincerely hope that the Prime Minister and his government would recognize the need to withdraw this legislation and not to rush it.

Given this motion before us, it is clear that the Liberal government is doubling down on its efforts to ram this legislation through Parliament. The stifling of debate is becoming an all-too-common practice under the Liberal government.

First, the Liberals shut down debate on the legislation at committee, limiting the committee's ability to carefully consider every individual clause in this comprehensive bill and now without any debate, at report stage or third reading the Liberals are moving a motion to silence opposition to their flawed bill.

This motion pre-emptively shuts down debate on this legislation before this parliamentary stage, allowing only two hours of debate before sending it to the Senate. I urge my colleagues in the House to seriously consider the impact of this motion. I urge them to consider the serious concerns raised with the proposed legislation and I urge them to reject efforts to hurry it along without proper consideration.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 7:20 p.m.
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Bloc

Julie Vignola Bloc Beauport—Limoilou, QC

Madam Speaker, I read all 53 pages of Bill C-10, and when I listen to my colleagues in the official opposition, I have to wonder exactly which clauses indicate that our independent producers will be overtaxed or have the same obligations as the major broadcasters.

Even the preamble says that the CRTC will have to take into account the the variety of broadcasting undertakings and avoid imposing any obligations that could be harmful.

Which clauses are so frightening and need to be changed?

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 7:10 p.m.
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Conservative

Corey Tochor Conservative Saskatoon—University, SK

Madam Speaker, it is an honour to enter into debate on this faulty bill. I really hope there is some soul-searching by opposition members before this bill is passed. This bill is ridiculous. The minister has done a terrible job explaining it. He cannot explain it because I do not think he fully understands what this bill would do to Canada.

I am first going to talk a bit about my fears about this bill. Central Canada or any governments that believe they can fix a problem with a solution often create more problems. This is what this bill would do. This bill is garbage. It has to be defeated. It has to go back to committee. I get that there is a gag order on it, and I get that the Liberals are trying to push it through, but opposition members have to start asking themselves why they are in Parliament if they do not stand up to a government that is threatening to take away our freedom to express our opinions online. This is dangerous material.

Governments will try to find a solution to a problem. We know that the CRTC needs updating, and we know that helping artists is a valuable inspirational goal. I get that, but it would question our existence as a country and whether we are truly free. If governments are there to tell us what to say, what we can post, what we can hear, what we can see, we are entering a dangerous stage in our country where I fear what this would lead to.

Failed regimes resort to censorship. This is what this bill is. It is telling the citizens of Canada what they can and cannot post, what will be shared and what, through the labyrinth of programs out there, will be heightened on search engines, on Facebook. This bill is something one would see from a failed regime. This is what we are seeing out of Ottawa lately. If we were to crack open a history book, we would see that failed regimes around the world follow a bit of a pattern, and we are seeing that with this bill. We are seeing it with other things that the Liberal government has done. In our history on this planet, a cornerstone of failed regimes is censorship. Another one would be printing money, and that is exactly what the government is doing. We have seen this story play out and it ends terribly for our society.

Maybe that is why the Bloc is supporting it. Maybe Bloc members are the smartest ones and are laughing to themselves as they support this centralizing of powers because they do not want Canada to exist anymore. That is probably why. If that is their political game in supporting this bill, and the Liberals are willing to take separatist support on this bill because it gets Canada closer to, unfortunately, breaking up, maybe that is why the Bloc is supporting it.

However, why are New Democrats supporting it? This is a troubling trend. I have had numerous calls at my office from people saying they are not supporters of mine but of the NDP, and asking what the heck is going on with Bill C-10. It is not too late for NDP members. Constituents should contact their MPs, if they are NDP members, and explain why they are passionate about this bill not proceeding. That is the only way we are going to slow this bill down.

There are elements of it that can be improved at committee. It can get to the stated goal. That is the thing; the stated goal that the Liberals put forward on this bill is nowhere near what it would actually do for the CRTC, such as where it is reporting: from reporting to Parliament, which means 338 representatives from all over Canada, to reporting to the minister's office.

Who would trust the minister? Who would trust the minister after the way he has bungled this rollout and explanation of a censorship bill? I feel sorry for him, but this has got to get scrapped for the sake of our country. I am very hopeful that maybe the parties of other members here are whipping their support on this. I urge them to take a pause, because it is not too late to have those discussions in caucus.

Members can flesh out what would need to be changed for this to work. There is no need for this to be rushed forward in the dying days of this session before summer. There is nothing in here that requires urgency during the middle of a pandemic to force Canadians to change their ability and right to post what they want.

That is what creates fear for our country. There is this march toward centralized power in the Prime Minister's Office, because that is ultimately where the CRTC will report. It will report first to the minister, but we know that he serves at the pleasure of the Prime Minister. I do not believe the minister will stand up to, and not bend over backward for, the Prime Minister.

What does that mean for Canadians? It means that our rights to share our views and our beliefs will be censored in Canada. I cannot think of a more damaging thing for unity in this country than if Canadian citizens are not able to share their views. It is a fundamental freedom that we have cherished in this country. During a pandemic, the government decided that it would like to rush through a bill that would harm our ability to interact with other Canadians.

A lot of things on the Internet are silly and trivial, but there are some truths. We saw this at the G7 convention just recently. People on different social media platforms might have been embarrassed a bit by the Prime Minister talking about newspapers being used to wrap fish and some of the ridiculous comments he made.

Maybe in the future Canadians will not see that anymore. Maybe that is the point. Maybe that is what the government would like to do. It would like to stop the Internet's ability to share what is going on, be it a finance minister who wears no shoes at an international gathering and is mocked around the world, or someone who has embarrassed themselves by wearing blackface.

This bill gives power to the Prime Minister to stop those stories and stop people from being able to broadcast to anywhere in the world what they are seeing in their part of the country. That is the power of technology that has advanced in the last 20 or 30 years, which is our ability to tell our stories directly without going through the middleman of other broadcasters. The CRTC needs to be updated so that we can make sure that we have a modern act that would cover national broadcasts and make sure that we are modernizing our act to reflect the changes in the landscape. However, this bill does not do that.

I would ask all members to please do a soul-searching exercise and reach out to their supporters and the constituents they represent. They should ask them if they want the government to have more control. That is what this bill would do. It would give the government more control. Those who would lose are Canadians and Canadian stories.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 7:05 p.m.
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Laurier—Sainte-Marie Québec

Liberal

Steven Guilbeault LiberalMinister of Canadian Heritage

Madam Speaker, I have three questions for the member.

First, is it not true that the very day the Yale report was tabled, the Leader of the Opposition said that he would “throw it in the trash”, without even having a chance to read it?

Second, is it not also true that almost the minute Bill C-10 was tabled, the Conservative Party of Canada said it did not want this bill and it was going to vote it down?

Third, is it not true that the reason there is some controversy is that the Conservative Party created it by fundraising? No one else in this House did that, but you created a controversy, you fundraised on it, and now it is a self-fulfilling prophecy.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 6:55 p.m.
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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, I am pleased to be joining the debate on this bill once again, at a different stage. I am pleased that my colleague from Saskatoon—Grasswood has moved an amendment, so I am going to speak directly to it. It is about sending Bill C-10 back to committee.

Members know that he has had a 40-year career in broadcasting, which is probably longer than that of any other member in our caucus. We actually featured him in something called “member spotlight” at a caucus meeting, noting his 40-year career using different clips from different videos of his time in sports broadcasting and with CTV as well.

I will be splitting my time with the member for Saskatoon—University, another one of our colleagues from Saskatchewan who will be adding to this debate.

I first spoke to this bill on February 5. I warned Canadians then that the contents of the bill were going to attack free speech, were calling into question the difference between users and programming, and were trying to jam the Internet age into a broadcasting act that was meant for before the 1990s, for a totally different time before Internet, Wi-Fi, cellphones and everything else.

At the time, I brought up the example of content creators in my riding. A few of them run YouTube channels. They run very successful businesses. Since I am splitting my time with a member from Saskatchewan and the member who spoke before me is from Saskatchewan as well, I want to bring up one of my favourite Instagram TV shows. It is called Leroy and Leroy. I hope the members from Saskatchewan know these two. There is always something to do, and indeed there is. It is a fantastic online content.

One of the latest very funny videos has a sign in the middle of what seems to me like nowhere, and I apologize to all the members from the Saskatchewan caucus for saying this. It is a parking sign in the middle of nowhere, and these two gentlemen turn around and show us that there is nothing there. It is unclear why there is a sign that allows people to park. I assume they can park if they want to.

They are content creators, and they will fall within the ambit of Bill C-10 and its changes to the Broadcasting Act. All of their programming will. It is not them as users, but them as programming providers, as if they were the CBC, as if they were a show like Kim's Convenience or one equivalent to it. They are incredibly funny comedians. It is great content they are producing.

Every expert I have heard, including those from OpenMedia, Michael Geist, Peter Menzies and other former commissioners, has said the exact same thing: YouTube creators, people on IGTV and all others online who are running shops, creating content and trying to get noticed by perhaps one of the large broadcasters are going to fall within the ambit of this legislation. I warned Canadians on February 5 that this was going to happen, and now it is happening.

The minister completely botched the sale job on this legislation, from the time it was before the committee to the time it got to the committee. The member who spoke before me spoke about the fact that he was unable to explain in 15 minutes, on a national TV broadcast, what the bill was about because the bill is all over the place. As I said, the bill tries to jam together the Internet era, the different content creators and the total democracy that now exists. Anybody can create content and anybody can provide it. The middle man is gone now. Anybody can go out there and entertain others, make music for others, give acting classes or provide a how-to for fixing a Jeep. Everything is out there. However, now all of it will perhaps fall within the ambit of this piece of legislation.

We have gotten to the point now where the government is trying to ram it through the House of Commons before the June sitting days are done, because it has recognized that it has botched the management of the House calendar as well. This is entirely the Liberals' fault. There was no reason to rush this through. If they did not like the fact that members of Parliament wanted to provide amendments and hear from more witnesses at the committee, they should have allocated more time. The Liberals should have run the calendar appropriately to avoid situations like the one today. Now they find themselves trying to ram the bill through using undemocratic measures, hoisting it out of committee to ram it through half finished and sending it over to the Senate side. I shudder to think what senators will think of this bill, incomplete as it is.

There is a great Yiddish proverb for this, and members will know that I find Yiddish a charming language and use it very often. It goes, “From fortune to misfortune is but a step; from misfortune to fortune is a long way.” In the case of the minister, every time he has spoken to the bill he has further confused Canadians or made them fear even more for their liberty of expression and for their ability to communicate with others freely and post their opinions and thoughts online without having the government potentially interfere with them through the CRTC.

It is an open question how the CRTC is going to apply and use these powers. It is that uncertainty that is driving so much fear and so much public attention to this bill. This is one of the bills on which I have received the most emails and correspondence and phone calls in my five and a half years in Parliament now.

The member for Saskatoon—Grasswood, who spoke before me, said this was the worst piece of legislation he has ever worked on. I disagree with him. There is a lot of competition for that title coming from the government side, so I am going to disagree with him.

The great misfortune of the minister is that he has been trying to sell a bill that does not match with his words. He has been talking about anti-hate speech legislation. He has been talking about taxing the big web giants and online content providers. As the member for Lethbridge, who spoke before me, mentioned, that is already covered. That is already coming in July. There is already legislation in the books. There is new legislation the minister is going to add, so he keeps confusing the issue, much to his own misfortune, and it is going to affect the fortunes of Canadians. It is going to affect small-time content creators like the creators of Leroy and Leroy, whom I mentioned, and budding comedians, musicians and artists out there who are just trying to provide a service and trying to advertise for themselves using social media platforms.

It is really unfortunate that we find ourselves in a situation now, in the end days of the session in June, where the government feels the urge to just ram this through, push it through as fast as it can with as few eyes as possible on it.

I am just aghast that the Bloc is helping the Liberals along, that the Bloc is helping the most centralizing, free-spending, abusing-of-federal-spending-power government there is and has been in the last 40 years. It is worse than the Chrétien government and worse than the Martin government in its centralization of power in Ottawa. The Bloc is supporting them.

I will repeat that.

It is shameful to see that the Bloc Québécois supports putting an end to the debate on Bill C‑10, forcing a vote and sending the bill to the Senate. The Bloc is helping the most centralizing government we have had in the past 30 or 40 years, one that is worse than the Chrétien and Martin governments.

It is unbelievable. The separatists are helping the Liberals. I just cannot believe that we were brought to this situation, under the guise of getting through a piece of legislation that is so defective in its content.

I have always been a believer, and I have said it many times in this House, that when the government gets it wrong and it cannot be fixed at committee, we should just send it back and make the government redo the work. There is no harm in having the justice department and the heritage department sit down once again and draft a piece of legislation that this House could support. They could just send it back. There are thousands of civil servants whose sole job is to pre-draft legislation based on stakeholder consultation, based on the feedback that they are supposed to get. That is what they exist to do. Many of them are still working from home, so they could take on this task and bring it back in the fall session. Of course, if we do not have a fall session, they will not have it. Perhaps the government is thinking of toppling itself and ensuring that it can run in an election on the free-spending budget that it had in 2021.

However, now we find ourselves again in a situation where, in the span of just a few days, we are going to rush a bill through to the Senate that is incomplete, that would attack freedom of speech and that would not protect content creators. It would protect them as users, but it would not protect any of their content. What is the point of saying “I have free speech” if I cannot say anything online lest I anger the CRTC, lest I anger people? I do not know who they are. I do not know what rules they create. The very basis of our democracy is supposed to be that we know what the rules are so we can abide by them. We do not know what the rules will be. We do not know what the CRTC will like. I truly hope, if future CRTC commissioners are listening, that they will spare Leroy and Leroy.

This is a great amendment from my colleague. We have to vote for the amendment and against Bill C-10.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 6:55 p.m.
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Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Madam Speaker, everyone who is here virtually or physically is here, and I am very happy to state that. I am also really happy to be here physically on the government side to take this place.

My colleague, the Conservative member, has done such a fantastic job talking about Bill C-10 and what we can do to ensure that two things happen: that Canadian content is protected and that we have freedom of speech, with the ability to express ourselves online.

Can my colleague from Saskatchewan tell Canadians how we can protect both Canadian content and freedom of speech?

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 6:50 p.m.
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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Madam Speaker, this is a Canadian issue; this is not a Quebec issue. I can say to the hon. member from the Bloc that we talked to Mr. Péladeau, who owns several stations and media outlets in Quebec, and he is as disturbed about Bill C-10 as anyone in Quebec.

The member may have talked to certain groups that like this bill because they want the money to roll out right away, but this is a Canadian issue. Bill C-10 is disastrous. There are as many people in the province of Quebec who do not like this bill as there are in my own province of Saskatchewan.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 6:40 p.m.
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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, I should know better, and so should the Minister of Canadian Heritage. He made the statement that they made one mistake back in 1990 or 1991 when there was no Internet, and now 30 years later we have this bill. It is garbage, really. I talked for two full days. We sat the last two days in committee and we did nothing. The committee chair asked if an amendment should pass but no one knew what it was. We did, but we could not share it with people, and people were watching on the Internet.

It is interesting that the minister would quote 1990, because in my era, people will quote 2021, the worst bill that ever came out of the House of Commons, Bill C-10.

I am going to highlight how really deeply disappointed I am in the Bloc members. They went along with the government. It has been talked about in committee, and we did get along. Then, it went off the rails on that Friday when 4.1 was eliminated. It also went off the rails when the minister himself could not articulate the bill on CTV on a Sunday morning with Evan Solomon. He could not articulate his own bill on national TV in a 15-minute interview. If the minister could not articulate it, how could we articulate it?

It was one of the darkest moments of Bill C-10, because the next day the Liberals had to step it back. All the things the minister said Sunday morning were taken back Monday by the government. However, I am disappointed today with the Bloc members because they put a gag on this.

This bill is 30 years overdue. We have talked about that in the House, but it is a huge bill going forward. However, it is not a good bill, and everybody has talked about that in the last two hours. We are going to pass a flawed bill, then what happens? Who did we miss? Who could we have been helped with decent legislation? Some groups out there today are really going to be affected by the bill if and when it gets passed.

We cannot even talk about it properly in this place, and that hurts. As broadcaster for over 40 years, we all had consultations with conventional broadcasters and creators. We all knew the Internet was a big juggernaut, and we have seen it. However, we did not do our due diligence in committee, and we are not doing our due diligence today in the House of Commons, which is sad. When I look at my broadcasting career, today, half of the people are now laid off, and we have not helped them at all with this bill.

I did my consultations, and Bell, Rogers, Corus, Shaw, radio stations are all affected. We buy one radio station, we try to buy another and then we do satellite radio. All that means is that there are fewer people being employed. We really did not peel the onion on this bill, and now it is the worst piece of legislation I have seen in six years.

As I said before in a question to the NDP, I did not want to put my name on this in committee and I do not want it on the bill when it does come out of the House of Commons. I am embarrassed with the bill. I am embarrassed, because I spent 40 years broadcasting, and now I cannot talk about something that my union members want me to talk about. They are losing their jobs every day, and we never talked about that. We got mired in the weeds, if one so calls it, about free speech. We got tangled up in creators. Quebec got tangled up in musicians and actors.

We have had 14 months of hell with COVID. We understand the issues Quebec is having. It is no different than Edmonton—Strathcona or Saskatoon—Grasswood. We also have musicians. We also have actors. We also have people who are starving from day to day, because they cannot perform. That happens.

Here we are with Bill C-10. As I have said time and time again, it was the government's decision to remove 4.1, and then we went at it. The Liberals claimed 2.1 was the key to success over 4.1. That remains to be seen.

We all know, because we had the Minister of Justice at committee, that this bill is going to be challenged in the Supreme Court. Boy have we done our job. All we have done is taken a useless piece of legislation and given it to someone else to determine. Boy have I done my job. All of us should be ashamed of this bill, including the Minister of Canadian Heritage. That is where it starts. He should be embarrassed by this and the gag order from the Bloc to support it.

Therefore, I move, seconded by the member for Lethbridge:

that the motion be amended by deleting all the words after the words “notwithstanding any standing order, special order or usual practices of the House” and substituting the following:

Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, be referred back to the Standing Committee on Canadian Heritage for the purpose of reconsidering all its clauses with a view to protect individual users' content from being subject to broad and vague government powers to regulate their use of the internet, including on apps and social media platforms like YouTube and Facebook.

I never did have a chance to talk about the CRTC, so that will be for another day.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 6:40 p.m.
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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, I am happy to rise today to speak to the motion at hand, which concerns the government's desire to force through the disastrous bill, Bill C-10, to modernize the Broadcasting Act.

I will step back 40-plus years, when a young Kevin Waugh got into the broadcasting business. There were a lot of opportunities from coast to coast. I started as a midnight disc jockey in Yorkton. I came to Saskatoon. I worked at a radio station and did the summer news. Then I went over to Melfort to do farm news, which I knew very little about. Then I eventually went into sports and news. I was then hired at CTV Saskatoon where I spent nearly 40 years of my broadcasting career.

When the bill was introduced, I jumped at the chance to get involved. The broadcasting business has been talking about this for the last 30 years. We talked about the CRTC, broadcasters, stations going dark, layoffs in the industry. We talked about this for decades and it finally culminated in about the last five years. All of a sudden stations were going dark. Radio, TV, newspapers, everything in the business was turned upside down.

It was interested in what the Canadian heritage minister said a couple of moments ago when he said that they missed something when they introduced the bill in 1990. For the minister, when we look back at the bill if it does get passed, we will look at you and your ministry and say a lot has been missed.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 6:40 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, again, I would present to the House, and I am so glad the member is listening, that there are a lot of deaf ears in this place and, for whatever reason, a refusal to listen to digital first creators. I am uncertain as to why that is the case, why this cohort has been ignored, has been erased, has had its voice squelched.

Why are we not listening to these individuals who are making a go for themselves on non-traditional platforms? Why are they being punished through Bill C-10 rather than being celebrated for the tremendous contributions they make to Canadian culture? It is as if we are pitting one group of artists against the other, and it is wrong. It is wrong for the government and it is wrong for the minister.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 6:25 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, I will be splitting my time with the member for Saskatoon—Grasswood.

Last week culminated in a devastating assault on democracy as MPs were forced to vote on amendments that were not made public and vote on sections of the bill without any discussion or debate. There was zero openness and zero accountability, and it was absolutely wrong.

How did we get there? Earlier in the spring the Liberals brought forward an amendment to their own bill, which removed a section that originally protected the content that individuals would post online. When that section was removed, of course it caused disarray at committee and a great discussion ensued.

That was the case because Canadians deserve to be protected. They deserve to have their voices contended for and their freedoms established. When that part of the bill was taken out, of course the Conservatives went to bat. The Liberals did not really like that very much, so they moved something called time allocation in the House of Commons, which limited debate at committee to five hours.

This meant that hundreds of pages of material was only given five hours of consideration, after which time members of the committee were forced to vote on the bill, including its amendments and subamendments. Again, those were not made public and no discussion was allowed.

It was not exactly democracy in its finest state. It was a sham, and not how good legislation is meant to be created in Canada. This is not democracy.

Once again, the bill is now in the House. Although the Liberals have not moved time allocation, they have moved to have our debating time restricted again.

From here the bill will go to the Senate where it will be discussed further. My genuine hope is that the Senate will have the opportunity to examine this bill and hear from witnesses. In particular, it is my hope that the witnesses it brings forward include creators from digital first platforms because those individuals have been left out of the conversation despite being impacted to the greatest extent.

Let me back up and explain what this bill does for a moment. There are two things. The first is, as the government argues, it levels the playing field between large streaming companies and traditional broadcasters. The second thing this bill does in fact do, however, is censor the content we place online.

With regard to levelling the playing field, the minister claims this is about getting money from web giants, but if he is concerned about GST being paid, that is already taken care of because there is already an initiative starting in July that will require companies, such as Disney+, Netflix, Spotify, Crave, etc., to start paying GST, which takes care of levelling the playing field.

However, Bill C-10 goes far beyond just levelling the playing field. It is backed up by many lobby groups that are pushing for a 30% Canadian programming expenditure requirement as a share of revenue per year. What this will do is not simply increase the cost to these large streaming companies, it will actually pass that cost down to consumers. According to experts, costs are actually expected to rise by about 50%.

Canadians already pay some of the highest rates in the world, so with Bill C-10, they can expect to be taxed even more. This of course will have a huge impact on them with respect to money coming out of their wallets. Furthermore, the bill will impact the content Canadians can post and access, which brings me to my second point on censorship.

When I talk about censorship, I talk about the government getting involved with respect to what one can and cannot see and post online. I am talking about the government putting an Internet czar in place.

Peter Menzies, the former CRTC vice-chair, stated Bill C-10, “doesn’t just infringe on free expression, it constitutes a full-blown assault upon it and, through it, the foundations of democracy.” That deserves consideration. It is quite the statement.

Bill C-10 is in fact a direct attack on section 2(b) of our charter. Under this section, Canadians have the right to speak and to be heard. Much of that speaking takes place within our new form of the public square, the Internet.

The bill before us would infringe upon the ability Canadians have to post online and to express themselves freely. Furthermore, the bill would infringe upon the rights that viewers have to access that content online, which means that the right to speak and the right to be heard will be infringed upon if the bill passes.

Let us talk about viewers for a moment. Viewers go online in order to access the content they want. They go on YouTube perhaps looking for a video on how to fix a bicycle chain, or they may want to look up information having to do with the war of 1812. They are looking for content that is going to fit their needs.

However, if the bill is passed, they would go on YouTube, and the government would determine what that need might be. The government would dictate the type of material that they would be able to access. The government would dictate this based on how “Canadian” the material is.

The government would curate what we can and cannot see by bumping things up or down in the queue, which means that the content a viewer really needs to access might be pushed back to page 27 of a YouTube search whereas, normally, right now, according to the existing algorithms, that content would probably be found on page one. The government would actually infringe upon a viewer's ability and right to access that information, because it is going to curate and determine that, no, a viewer does not want what is on page 27, but rather what the government is putting on page one. It wrong. It is dictatorial. It is anti-democratic.

Canadians know what they like. They know what they want to watch, and they know how to find it. Platforms such as YouTube are curated in such a way as to point people to more of the content they desire. When a viewer searches for content, YouTube gives it, and then it might suggest more that is similar to it. However, that would not be the case going forward. Instead, the government would steer viewers in the direction that the government wants them to go, and it will do it through the power of its Internet czar.

I will talk about creators for a moment. They are amazing. In Canada, we are punching above our weight in terms of what creators are able to produce, and I am talking about individuals who are using non-traditional platforms in order to gain an audience. They share their talent, skill and ability with the world. Ninety per cent of watch time of Canadian content comes from viewers outside of Canada. That is amazing.

I think about Justin Bieber, and about how much popularity he has gained on the world stage. He started out on YouTube, a non-traditional platform. However, under Bill C-10, Justin Bieber probably would not have risen to the top, because the algorithms that the government would impose through its Internet czar would relegate him to the bottom. Why? Well, it is because his content just would not be Canadian enough to make the cut. Again, it is wrong.

Let us also talk about diversity. This government loves to celebrate diversity, but let us talk about the indigenous digital first creators or those who are members of minority groups. Instead of being able to make a name for themselves and follow the protocols that are already in existence, they would come under government scrutiny and, again, the Internet czar would determine whether or not their content can be accessed.

Now, members might ask who the Internet czar is. It is none other than the CRTC, which is the regulatory arm of the government. Who makes up the CRTC? I can tell members that the leadership of the CRTC is made up of six white men. It would be six white men who would be determining what type of content is Canadian and what content is not.

They would be determining whether or not indigenous first creators can be accessed or not. They would be determining whether visible minority content can be accessed or not. Six white men would be making those decisions on behalf of those individuals who are putting their content out online and on behalf of Canadians who wish to access that content.

I have not seen legislation this dictatorial since my time of first being elected in 2015. It is wrong and anti-democratic, and it is altogether harmful, not only to creators, but also to the millions of viewers who use platforms such as YouTube in order to access information and engage in the public square online.

It is wrong, and I would ask for Bill C-10 to be rescinded, at the bare minimum. When it gets to the Senate, I ask that, please do the due diligence; please research well; and please hear from witnesses who have not yet been heard from, namely the artists.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 6:20 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, that is a bit of a softball question. I see exactly where my colleague is going with this. It is a fair question.

The minister mismanaged the bill and explained it poorly. He did not take the time to make the bill watertight. Once the genie of doubt is out of the bottle, it is very difficult to put him back in. This is why the NDP agreed to pause the committee to bring in the heritage and justice ministers and to ask for a second opinion from the Department of Justice.

Yes, the minister himself bears a lot of the responsibility for all of the mixed messages and disasters surrounding Bill C‑10 so far, with the gag orders and today's supermotion.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 6:15 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I thank the parliamentary secretary for his comment and question.

The Conservatives will have to speak for themselves. People have raised legitimate questions. As I said earlier, when the issue is freedom of expression, taking our time, doing the work, checking, listening, talking to experts and getting opinions from the right people is the right thing to do.

However, I have to say that the Minister of Canadian Heritage did such a poor job of justifying and explaining his Bill C‑10 that the Conservatives saw a political weakness they could exploit. They jumped at the chance, hoping to score political points by occasionally manipulating the truth and the facts a little bit. The reason they were so aggressive is that the Liberals were so weak.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 5:50 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I am pleased to rise in the House today to speak to a bill that is important to me. It is not so much the bill itself, but what it will do and the sector it will affect. This bill could really change things in the future.

Before speaking about the principles and general thrust of Bill C‑10, and as we are officially discussing at this time a supermotion to expedite the business and the course of events in the House, I would like to come back to the question I asked my colleague from Drummond a few minutes ago, that is, how did we get here?

How did we arrive at a bill that nevertheless affects our cultural sovereignty, our ability to produce Quebec and Canadian cultural content, and thus an entire industry representing billions of dollars, thousands of jobs and people affected in every region of Quebec and Canada, such a crucial and important industry that we had failed to address for a very long time?

Not only is the bill behind schedule, but so is the government in its management of government business in the House and in parliamentary committees. We have seen it all with Bill C‑10. I have been doing this work for years, but some of these things are unprecedented, including the twists and turns, bad management, communication problems, breaks, questions, notices and many testimonies. I have seen contradictory things and rather odd processes, including this thing done by the Conservatives, which I have rarely seen: systematic filibustering in order to waste the committee's time, including on Conservative amendments. When a member proposes an amendment they usually want to see it passed because they think it will improve the bill. However, the Conservatives had the nerve to filibuster their own amendments. It is rather odd.

Things are coming to a close. Nobody wants an election, but everyone expects one. That means we need to get a move on because we might be on the campaign trail come August or September. That is up to the Liberals.

We could come back and work on the bill. There is a chance that could happen, but all signs point to the Liberals being in a hurry. Now they want to move so fast that they shut down a parliamentary committee. That is just the fourth time in more than 150 years this has happened. This time, they are not limiting debate to 10 hours but to five.

In order to make the best possible use of those five hours, the NDP and other parties agreed to schedule more meetings so the committee could meet more often than originally planned. Last week, instead of meeting twice, the committee met five times, if memory serves. Even so, here come the Liberals with their supermotion to expedite matters once again.

I can only conclude that the government dragged its feet. It said all kinds of things about how important culture and the cultural sector are, but none of that was true. Bill C‑10 was full of holes, things were not clear, the Minister of Canadian Heritage himself was often unclear, and the government did not put Bill C‑10 on the agenda early enough and often enough for it to make any headway.

It is all well and good to mollify artists and tell them we love them, that we support them, that this is important and the bill must be modernized, but now we have a bunch of amendments at the last minute that we did not have a chance to study, even though some of them would have been relevant and should have been included in Bill C‑10.

This is the reality we often face at the end of a parliamentary session. It is too bad. If the Liberal government had been serious about culture and cultural sovereignty, it would have done this long before now, and not just because the Yale report was released in 2018. Bill C‑10 could have been given more attention during House proceedings, but the Liberals chose not to do so.

Why did the Broadcasting Act need to be overhauled? It is because, over time and with changes and advances in technology, it has become completely outdated and obsolete.

In my opinion, it is important to remember that the traditional broadcasters are required by the CRTC to contribute to the production of cultural content, whether Quebec or Canadian, in French or in English. We will talk again about the importance of having works, films, and programs in French. The ecosystem of broadcasting content has changed a lot over the past few years.

One of the things the member for Drummond talked about was Internet access. Some people will remember that it was much harder to get online 10 or 15 years ago. Today, our system is completely imbalanced and unfair, which means the cultural sector is hitting a wall. This is putting the cultural sector in jeopardy. Year after year, cable companies are losing subscribers. Why? Because the technology has changed and the traditional broadcasters are being overtaken by digital broadcasters, who are becoming more prominent and taking up more space. That was the case before the pandemic, but the pandemic has shown us that platforms like Netflix, Disney+ and Crave have taken over.

Let me be clear: The big digital broadcasters, social medial companies and web giants do not contribute to the collective investment that is needed to create Canadian or Quebec cultural content in French or English. That is the problem. That is what the Conservatives and Liberals have been dragging their feet on for years. The Broadcasting Act should have been amended a long time ago.

The NDP is obviously in favour of making new players contribute. They are not so new anymore, but they are big. Traditional broadcasters contribute money to a fund to create Quebec and Canadian cultural content, but that fund is getting smaller and smaller. These new digital players need to contribute so that the industry gets more resources to create new works that will tell our stories, the stories of what is happening in our communities, cities, regions and our villages.

This is so important to the NDP that it was one of the issues we campaigned. I will read an excerpt from our 2019 platform:

Most Canadians now get their news from Facebook, and Netflix is the largest broadcaster in the country - but these web giants don't pay the same taxes or contribute to funding Canadian content in the same way that traditional media do. Canadian film, television, and media is up against a tidal wave of well-funded American content - and the Liberals have refused to take action to level the playing field [this notion is very important].

That's why...we will step up to make sure that Netflix, Facebook, Google, and other digital media companies play by the same rules as Canadian broadcasters. That means paying taxes [which is not in Bill C‑10. It is in the budget, but it seems we will have to wait until next year], supporting Canadian content in both official languages, and taking responsibility for what appears on their platforms, just like other media outlets....

New Democrats will make sure that Canadian talent can thrive on both digital and traditional platforms - here at home and around the world. We think that artists should be able to earn a decent living from their art, and that government has an important role to play in making sure that a diversity of Canadian voices tell our stories.

As members can see, we already knew that the act had to be modernized. Thirty years after it was passed, the act is outdated.

It is true that there is a real and well-founded appetite for such a long-awaited change in the cultural sector, whether it is television, film or music. YouTube is the platform most used for music, so it is really important to include social media platforms like YouTube on the list of entites that can be monitored and regulated.

However, we should not be regulating users, citizens who post their own videos on this platform. We need to target the professional use of this platform for commercial purposes.

I will come back to the questions that arose in the course of the Bill C-10 saga. To ensure the longevity of our cultural ecosystem, the NDP was obviously prepared to work in good faith to improve and enhance the bill, based on the premise that the old existing act had outlived its usefulness because it is jeopardizing this industry, our capabilities and some jobs.

What was the NDP looking for, exactly? We wanted a broadcasting system that remains essentially Canadian, with Quebec and Canadian ownership. We wanted Quebec and Canadian productions that are easily identifiable and accessible. We wanted local shows and content. That is something that we examined very closely.

We also wanted a broadcasting system that clearly recognizes the importance of the French language in this ecosystem. Unfortunately, the Liberal government had a hard time signing an agreement with Netflix a few years ago. We wanted to prevent that sort of thing from happening again, because we never got any real guarantees about the percentage of French-language content that would be produced under the agreement between the Liberals and Netflix.

We also wanted an equitable system without lowering our standards. Just because Canada is calling on web giants and digital broadcasters to participate financially should not mean that traditional broadcasters get a free pass or we will be no further ahead in terms of increased revenues for our artists and cultural production.

We wanted to ensure that there were indigenous language productions for indigenous peoples and for first nations. That was one thing we were watching for and wanted to find in Bill C‑10. Those are the principles that guided us in this work.

Now we are at the end of the process with a flawed and yet well-intentioned bill. This may create a dilemma for us as members and parliamentarians. We wanted to take our time to do the work properly, plug the holes and ensure that the bill could not be challenged in court.

The government has to accept a lot of responsibility for the misunderstandings and legitimate concerns people had about their freedom of expression, a topic I will now get into.

Is freedom of expression being threatened? There was much talk of that, many people reacted, many people called and wrote in and there were articles and editorials on the topic. Experts are divided on the issue, but one group is smaller than the other. The member for Drummond talked about that earlier. In Quebec, we just have to look at Pierre Trudel and Monique Simard, who are strong voices and feel very strongly about this.

It is also important to know that there are already guarantees in three provisions in the act, in sections 2, 35 and 46, that protect citizens' and ordinary users' capacity to publish and broadcast content on social media.

Obviously, the Canadian Charter of Rights and Freedoms still exists. We asked the Minister of Justice for a charter statement on two occasions, first before and then again after the removal of proposed section 4.1. In both cases, we were told that the bill was consistent with the charter.

To make sure that this important issue is properly dealt with and that we have all the possible guarantees, the NDP is also asking the government for a Supreme Court reference. That way, we would ensure our citizens' rights to freedom of expression are protected in the bill.

There are the sections of the bill, the overwhelming expert opinion and the two charter statements from the Minister of Justice. In addition, we are asking for a Supreme Court reference, to make sure that users cannot be regulated by the CRTC. That is very important: The CRTC will regulate broadcasting companies, not individuals.

I believe a member also mentioned it, but if I thought there was any possibility that my children or teenagers would be targeted by the CRTC or restricted in their freedom of expression on social media and online, I would be greatly concerned and I would not let that happen.

Why is it so important to take care of the cultural industry, our artists and our artisans? We may want to do it for economic reasons because this industry represents thousands of jobs and these sectors generally work well. Things were harder during the pandemic and it is more difficult for the cultural industry to get out of the crisis. What is more, things are not consistent across the cultural industry. Some sectors are doing well, while others are struggling. I am thinking of festivals, all the performing arts, the theatres and concerts. These sectors will need a little more time to get back on their feet. With regard to television and movies, activities continued, but we need to ensure that our system is sustainable so that we are able to continue creating our television shows and movies, telling our stories and hiring our local creators, artisans and technicians. There is therefore an economic argument because the cultural industry is an important economic driver.

However, the cultural sector is about more than just economics. It also brings us together as a society. It forges an identity, a vision of the world, and it also brings elements of beauty, tenderness and humanity into our lives. That is what makes the cultural sector different from any other economic sector. It changes who we are as human beings and how we see the world. The art that is produced says a lot about a society, whether we experience it through television, dance, paintings, performances, books or poems. Culture can change the world.

Allow me to read an excerpt of a poem written by Jacques Prévert.The sun shines for all mankind, except of course for prisoners and miners, and also for
those who scale the fish
those who eat the spoiled meat
those who turn out hairpin after hairpin
those who blow the glass bottles that others will drink from
those who slice their bread with pocketknives
those who vacation at their workbenches or their desks
those who never quite know what to say
those who milk your cows yet who never drink their milk
those you won't find anesthetized at the dentist's
those who cough out their lungs in the subway
those who down in various holes turn out the pens with which others
in the open air will write something to the effect that everything turns out for the best
those who have too much to even begin to put into words
those whose labors are never over
those who haven't labors
those who look for labors
those who aren't looking for labors...
those who simply rot
those who enjoy the luxury of eating
those who travel beneath your wheels
those who stare at the Seine flowing by
those whom you hire, to whom you express your deepest thanks, whom you are charitable toward, whom you deprive, whom you manipulate, whom you step on, whom you crush
those from whom even fingerprints are taken...
those who scatter salt on the snow in all directions in order to collect a ridiculous salary
those whose life expectancy is a lot shorter than yours is
those who've never yet knelt down to pick up a dropped hairpin
those who die of boredom on a Sunday afternoon because they see Monday morning coming
and also Tuesday and Wednesday and Thursday and Friday
and Saturday too
and the next Sunday afternoon as well.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 5:50 p.m.
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Bloc

Caroline Desbiens Bloc Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Mr. Speaker, I congratulate my colleague from Drummond on his most courageous and relevant speech.

I support my colleague and all of his efforts throughout this adventure that was Bill C‑10. I support all the artists on the ground, and I can say that they all agree that we did an enormous amount of work and that the legislation will probably never be perfect, but that we have come up with something that is really solid.

I agree with my colleague that things could have gone better, that closure is not a great idea, but that it was the path we had to take because a great number of artists, creators, writers and playwrights are at home, in their offices, in front of their monitors laying the foundation for the creative industry of tomorrow and its entire economy.

In conclusion, I would like my colleague to share with us just one thing that he would like to say to all the fine people involved in this creative industry on the eve of the deadline for Bill C‑10.

I want to tell all Canadians and all our colleagues listening that there is no reason to further starve creators, who are being severely impacted by the pandemic and who were impacted even before it started. Then—

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 5:50 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, I thank my colleague from Rosemont—La Petite‑Patrie for his question.

I want to remain focused on Bill C‑10 and I would say that things could have been done far more effectively a long time ago.

If you ask me, there was a bit of foot dragging at several stages in the process. In terms of time allocation, my leader made a proposition on the May 16 edition of Tout le monde en parle, which nearly everyone in Quebec saw. The government has been slow to act. If it had accepted the Bloc Québécois's olive branch on May 16, or the day after the Bloc Québécois made its unusual proposal, we might have avoided several of these delays. There may be a domino effect here.

Indeed, Bill C-10 could have benefited from a little more of the government's attention from the beginning.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 5:45 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I disagree with the member on some aspects of Bill C-10, but what I really want to ask him about is democratic norms and democratic process.

It is fair to take the position that the member does on a bill, and we can have debate about the bill, but what ended up happening, as a result of decisions made by the government as well as by the Bloc, is that we had amendments that were put forward and not read at committee, no opportunity for subamendments, and then a vote on amendments that had not been read. There was no opportunity for further discussion or consultation on the particular implications of individual amendments.

Of course, it takes time at committee, but when we are talking about over a hundred amendments, each of those amendments matters. It matters for artists, it matters for freedoms and it matters for Canadian society as a whole. As someone who works in international human rights and foreign affairs, I just think it sends a terrible message to other countries, to developing democracies, about what democratic decision-making is supposed to look like.

Could the member share his reflections on whether he thinks this is an appropriate way to proceed? It is fine to agree or disagree with the bill, but is this an appropriate way to proceed in a democratic legislature? What message does this send to the rest of the world?

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 5:25 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, I will now get back to the premise of my speech, the 2019 campaign in which every Bloc Québécois candidate made a serious promise to voters, a commitment made solemnly and with conviction: Whenever we are in the House, we will make decisions, take a position and support bills and motions that defend Quebeckers’ interests and values.

Even today, it is still the question we ask ourselves when it comes time to choose which direction to take, either here or in committee. A time allocation motion, closure, a gag order, whatever we may call it, there really is no good word for it and we find it chilling, because freedom of speech, parliamentary privilege, is fundamental. It is something we deeply respect and will defend at all costs, like we did with this morning's motion, which just squeaked by.

The Bloc Québécois has fervently defended this idea since its inception, 30 years ago tomorrow. I think that we supported a time allocation motion more often in the past two weeks than in all the 30 years of my party’s existence.

Sometimes, situations force us to step on people’s toes to defend our values, and sometimes that is justifiable.

The parliamentary toolkit contains another tool that is just as questionable, in my opinion, and many of my colleagues probably agree with me. It is the filibustering of debates, either here in the House or in committee. The filibuster consists in droning on endlessly, taking up debate time to prevent a vote or to prevent something that is against our convictions from happening. At that point, the other move that is just as questionable, time allocation, becomes equally justifiable.

In recent months, we have supported time allocation for Bill C‑6 and for medical assistance in dying, an extremely sensitive issue on which Quebec has reached a consensus. People were waiting for the bill. They were waiting for a decision from the House of Commons. They were enduring unbearable suffering and they wanted the freedom to decide when they could end it.

At that point, we asked ourselves the same question. We asked ourselves whether we were going to accept closure if it reflected the will, the values and the interests of Quebeckers. Since it was a simple question, and the answer was yes, we believed we were duty bound to do whatever was necessary to have these bills and motions adopted.

Bill C‑30 is also important for businesses. It is important for the economic recovery, since it will allow entrepreneurs in our regions to get back on their feet after the pandemic. Obviously, we would have preferred that the democratic process take its normal course but, when it is clear that someone is trying to delay the process by every means possible for reasons that are often purely ideological, in order to please their base or collect funds by plucking at the heartstrings of certain groups of Canadians, we believe that it is our duty to counter these manoeuvres using another parliamentary tool. We believe that, in those circumstances, it is reasonable.

That was the case with Bill C‑10. How did we get here? My colleague from Richmond—Arthabaska talked about that earlier. It is true that, at first, when the bill was tabled, we found a lot of holes in it. There were more holes in it than there are in Swiss cheese, like in a brand new paint by numbers. It took six years' preparation to come up with a bill and there was still an enormous amount of work to do.

I do not want to lay blame on anyone, but I think that, from the moment the bill was introduces, the opposition parties were unanimous in thinking that there were too many things missing for it to be acceptable. The industry was happy because a bill was finally being introduced to amend the Broadcasting Act, which had already been obsolete for several years and which was enacted in 1991, at a time when we were recording songs broadcast over the radio on four-track cassettes.

Since we were considerably behind, it was not surprising that the industry applauded the tabling of a bill to review the Broadcasting Act. It should have been reviewed 20 years ago, it should have been reviewed 10 years ago; it should be reviewed on a regular basis.

We soon realized how much work there was to be done. In a way, when a member of the House decides to vote in favour of a bill so that it can be studied in committee, that member is making a commitment to say that certain elements of the bill are not very good and need to be worked on. That work falls to us. It is unfortunate, but we have to do it. We have to improve Bill C‑10 because the cultural industry, our media and the field of broadcasting in Canada have drastically changed. Today's broadcasting industry is nothing like what it was in 1991, when the last version of the Broadcasting Act was passed. I was working in radio at the time. When I walk into a radio studio these days, in 2021, I am completely lost and I have to be shown around because I do not know what anything is. Everything is different today, except for the mike, which has not changed much.

When we agree to work on a bill in committee, we are committing to making improvements. That is how we ended up with more than 100 amendments. At first, there were about 120 amendments proposed by the NDP, the Green Party, the Conservatives, the Liberals and the Bloc Québécois.

Before proposing these amendments, we consulted people. We heard from people who were interested in sharing their concerns with us. A lot of people wanted to talk about the Broadcasting Act, because it affected a huge number of stakeholders, including community radio and television stations, broadcasters, cable companies, artists and online companies. A lot of people wanted to share their concerns and remind us to include certain things in the bill.

Independent broadcasters also depend on online companies, as well as conventional broadcasters, such as the traditional cable companies, to broadcast their content. In short, there were a lot of witnesses to listen to. We came to realize that this would be a monumental task. There is a reason there were 120 amendments: because there was a lot of work to do. We did it.

I met with representatives of the cultural industry. We exchanged many messages, emails and calls and held many meetings. These people represent more than 200,000 artists, creators, artisans, authors and other people who earn a living from the cultural industry, which has significant spinoffs. Canada's cultural industry generates billions of dollars in economic spinoffs. That is no trivial matter, and we cannot let an industry like that down. We love culture, the arts, our artists and our distinct culture, but we also like money. This is a profitable industry that does not cost us a fortune. Far from being a millstone dragging us down, we benefit from it. It sets us apart and identifies us. There were 120 amendments, but they were serious amendments. They were important. We worked hard, but then came the events of late April.

Did we do things the best way possible? In hindsight, that is a reasonable question. Was it right to eliminate clause 4.1? Maybe not. Is the result what the Conservatives say it is? It is not.

Bill C‑10 contains provisions that clearly protect social media users. As important as it was to protect social media users, it was also important to regulate social media platforms, which play a role in broadcasting and are involved in broadcasting. Social media has an impact on the broadcasting system. YouTube is the largest online music broadcaster in Canada.

We would have had to tell Apple Music that it was going to be regulated, but that YouTube was not because it also has a social media service. That makes no sense. Apple Music would have been right to tell us off, saying that we had done a horrible job and that we needed to go back to the drawing board.

We had to be able to regulate social media for their broadcasting activities, while protecting their users. That is what is clearly stated in the bill, and that is what will come out of the revised Broadcasting Act in the end.

There was never any question of limiting Quebeckers' and Canadians' freedom of speech. Freedom of speech is a value that Canadians of all stripes hold dear. Let us not compete to see who loves freedom of speech the most. It is fundamental for us, for Quebeckers and for Canadians. Of that there is no doubt.

What party in the House would have blindly voted for a bill that would actually limit freedom of expression? It does not make sense. It is merely a question of ideology. It is merely an attempt to fan the flames, to offend sensibilities. Perhaps it will pay off, I do not know.

When the problem arose in committee and the question was raised, the Conservatives said that we absolutely had to hear from the Minister of Canadian Heritage and the Minister of Justice. These ministers had to issue a charter statement. They had to see what was going on. We needed a guarantee from the minister that the bill complied with the Canadian Charter of Rights and Freedoms, and if we were going to do that, we should hear from experts. The Conservatives wanted to invite experts back.

We were wasting time on a bill when we already did not have much time to spare. We wondered what we should with that. Having reflected on it, I am convinced that what is in the bill will protect freedom of expression and social media users, in other words individuals, people. We decided that if there was any uncertainty, we needed to get to the bottom of it, and we had a duty to do so. It was early May, and we were running out of time, but no matter, we had to get it done, and that is what we did. We heard from the experts that the Conservatives wanted us to invite. We heard from law professors and people who believe that this bill goes against this provision of the Charter of Rights and Freedoms and who claim it jeopardizes freedom of expression. I want to listen to all sides before I form an opinion.

However, we also heard from experts such as Pierre Trudel, a professor of law who is renowned across the country. He, too, is a leading authority, and he had a completely different opinion. We heard from Ms. Yale, the chair of the major study that resulted in the Yale report almost a year and a half ago. She also testified and shared her views. Ms. Yale also did not think there was a threat.

There is nothing wrong with expressing doubts and saying that some experts have a certain view. However, at some point, we must respect the democratic process. We listened to everyone and showed good will and good faith. Other experts expressed different views before the committee. Through a vote, the committee decided that we would finally move forward and that there was no threat. The democratic process can come down on either side and we must respect it. Our Conservative colleagues decided to continue filibustering the committee by giving interminable speeches, and we saw things get out of hand.

I was really disappointed by the comments made by the member for Lethbridge in the Lethbridge Herald. She described Quebec artists as being a niche group who are stuck in the 1990s and unable to adapt, so they have to make a living off government grants. I spent 30 years working in the media, in radio and in television, surrounded by artists, being part of their community. If I had had more hair to begin with, I think whatever is left would have fallen out. That took my breath away. I cannot believe that we did not hear a heartfelt apology in the House, either from the leader of the official opposition or from the member herself. I found her comments, which have been denounced by arts organizations, beyond sad and terribly unfortunate.

When we started studying Bill C‑10, I decided that I would do exactly what the Bloc Québécois had promised to do during the 2019 election campaign in Quebec. My colleague from Jonquière once told me that if I really wanted to connect with and be attuned to my constituents' realities, I should lace up my shoes, hit the streets and listen to what my constituents want me to support. That is exactly what I did.

I have been in contact with the cultural sector from the beginning, especially in Quebec, but also, by extension, Canada, since the associations that represent the artists and the industry in Quebec also represent the industry across Canada.

We also listened to francophone communities outside Quebec, which were also needing the protections offered by this bill. We listened to them, we moved forward and we proposed amendments to protect francophone and Quebec culture, and most of these amendments were accepted.

We worked hard to improve this bill. As we were approaching the end of the road, or in this case, the end of the session, and we had made some major gains for the cultural sector, we knew that it was not the time to give up and call it a day because there would not be enough time.

This industry suffered during the pandemic. It has been waiting for a bill, a review of the Broadcasting Act, for far too long. Remember what things were like in 1991. We did not have high-speed Internet. We could not always connect. We had to listen to a sound like a fax machine for about seven minutes. When we managed to connect, we could not just download a photo. If we wanted to do that, we had to start the download the night before in order to see the photo in the morning. We were far from streaming music, downloading videos and watching shows online like we do today. The Broadcasting Act has been completely out of touch with reality for a long time.

As I was saying, we do not have much time left to finish working on this bill, which is so important for the cultural industry, the cultural community, broadcasters, independent broadcasters and creators, as well as for the unique identity that we have here with our culture. Whether we are talking about Quebec or English Canada, we are not the same as the United States and there are marked differences between our culture and American culture.

What should we do? Are we going to allow the web giants to rake in billions of dollars when we are not asking them for much? Are we going to say that it does not matter if they do not produce our shows, that it is a free market and that we should let them set up shop here with their billions of dollars and their means of production and let them do what they want? Come on. That is completely ludicrous.

The Yale report mentioned this last year, and it is just as relevant today: We must act quickly. When action is urgently needed, we must do what it takes to get results and achieve our goal.

The Bloc Québécois made an unusual but necessary decision in supporting time allocation for Bill C‑10 in committee. It is a rare measure and I hope we will not have to take it again, but it was necessary. We made a commitment to work for Quebec, the cultural community and our media. We are also committed to keeping our culture alive. In Quebec, we have been in the habit of fighting for our culture for quite some time. That is perhaps the difference: We have been rolling up our sleeves for a longer time now. We will not give up the fight.

Contrary to what our Conservative colleagues think, this bill is essential and it is urgent. We owe it to our cultural community, as well as to Quebec and Canadian media.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 5:20 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, I would like to thank my colleague from Richmond—Arthabaska. I know that he has been very emotionally involved in the issue of freedom of expression on the Standing Committee on Canadian Heritage in recent weeks.

After clause 4.1 was removed on that fateful Friday in late April, we were interrupted by the Conservatives, who saw a potential violation of freedom of expression, the important principle that all of us here respect and cherish. At the request of my Conservative colleagues, we invited experts to speak. The Conservatives called their own experts, and we heard from attorneys. The other parties called other experts with a completely different opinion. Some credible voices said that Bill C‑10 did not infringe on freedom of expression and that it contained provisions protecting it.

My question to the hon. member for Richmond—Arthabaska is this: If this is not an ideological matter, what would the experts have had to say to finally convince the Conservatives that Bill C‑10 does not infringe on the freedom of expression of Quebeckers and Canadians?

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 5:15 p.m.
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Laurier—Sainte-Marie Québec

Liberal

Steven Guilbeault LiberalMinister of Canadian Heritage

Madam Speaker, let us start at the beginning. On November 18, 2020, Bill C-10 had just been introduced when the member for Richmond—Arthabaska said this during oral question period: “There is nothing in it that would regulate social media or platforms like YouTube.” That seems pretty clear to me. The member himself was criticizing the government, saying that Bill C‑10 did not go far enough.

I am somewhat surprised, not to mention amazed, to hear an experienced parliamentarian like the member opposite say that the minister did such and such a thing in committee. I would remind my colleague that the Minister of Canadian Heritage does not sit on the Standing Committee on Canadian Heritage. I was invited to testify on several occasions, and I went every time.

The member says that there were 120 amendments and that that means the bill is a mess. That is a great way to try to mislead people, because it is perfectly normal to have many amendments. I could cite Bill C-69, another bill the Conservative Party opposed.

Finally, the member says that he is speaking on behalf of many people. I would like him to say on whose behalf the Conservative Party was speaking when the member for Lethbridge said that artists were a bunch of outdated people living off government handouts. Her comments were widely panned. On whose behalf—

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 4:55 p.m.
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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Madam Speaker, I am very pleased to be speaking today. Earlier, I listened to the Minister of Heritage talk about Bill C‑10, which he tabled, and I almost choked several times.

He began by pointing out that it was important to look back at the past to understand where we are now. I will give another version of the facts for everyone out there watching, and I would invite everyone to fact-check me by consulting the unedited transcriptions, the “blues”, of the various discussions at the Standing Committee on Canadian Heritage. People will be able to check if what I am saying is accurate and well informed and if it reflects everything we have gone through during the saga of Bill C‑10 leading up to the present day.

The minister was right to say that he had all the resources he needed to table Bill C‑10 for more than a year and a half and garner a unanimous response from the outset. The minister is confusing things, talking about web giants and insinuating how he will handle them and make them pay their fair share. The ultimate goal was to produce an act that ensures a level playing field between digital broadcasters such as Disney Plus, Spotify and Netflix, and conventional broadcasters such as TVA, CBC/Radio-Canada, Global and CTV.

The minister even chose to ignore the important elements that everyone wanted to see, including copyright issues and CBC/Radio-Canada's mandate, explaining that he divided these challenges into three parts and was only introducing one in the House of Commons so that the Standing Committee on Canadian Heritage could work on it.

When he introduced the bill, the committee worked diligently and co-operatively to improve it. This bill was clearly imperfect even though the minister had had a lot of time to draft it with his experts. More than 120 amendments were proposed by all parties. Surprisingly, these amendments were moved not just by the Conservative Party, but also by the Green Party, which had been given authorization to move them, the Bloc Québécois, the NDP, Liberal members of the committee and even the government. In fact, the government and the Liberal Party moved almost 30 amendments, not to mention all the amendments to the amendments along the way, to try to address all the shortcomings of this bill.

As the minister pointed out, the committe's study of the bill was moving along relatively well, which I can vigorously and honestly confirm. We even worked with the minister and his staff, who were telling anyone who would listen that the Conservatives were slowing down the process. That was completely false. All the committee members even agreed to do a preliminary study and use that evidence in the committee's official study, to avoid holding up the work.

At no point in the legislative process was the bill delayed, despite what the minister and his aides implied. I am saying so in all honesty, and I challenge everyone to take the time to read all the speeches and everything leading up to that infamous Friday when the minister, surreptitiously and without warning, withdrew clause 4.1 that he was proposing to add to the Broadcasting Act. This made the bill altogether different by including social networks, which had originally been excluded.

Why do I say that? It is because, when we did our job in good faith as Parliamentarians, each party had the opportunity to call witnesses to testify about various aspects of Bill C‑10. That gave us the opportunity to obtain as much information as possible to do the best we could, based on the knowledge of every member and staffer, to formulate proper opinions during our study of the bill in order to improve it. That is our job as legislators, of which I am extremely proud.

The problem is that the Minister of Canadian Heritage left social media out of the original version of Bill C‑10. Furthermore, despite the minister's assertion from the get-go that it is a historic bill, to my knowledge, only one organization has said that. The other organizations highlighted the bill's good parts and said that it was indeed time to modernize the act and to align the way we deal with digital with the way we deal with what we call conventional broadcasters. However, I met with all the organizations the minister mentioned, and every one of them pointed out several frightening provisions in Bill C‑10.

The Minister of Canadian Heritage said that the Conservatives delayed and filibustered. I am sorry, but it was not the Conservatives who did that. The Conservatives have merely given a voice to a number of organizations, individuals and experts who wanted to point out the flaws in Bill C-10. The minister can go ahead and play his partisan games in the run-up to an election to try to scare everyone into believing that the Conservatives do not support the cultural community. However, it is all complete and utter nonsense, pure theatrics, a show worthy of our Prime Minister, who is a great stage actor.

The heritage minister should stop with the games, because nobody is against culture. On the contrary, we are against censorship, against this attack and the way the minister undermined freedom of expression one Friday by removing section 4.1, which was supposed to be added to the Broadcasting Act.

That is when we began what could indeed be described as filibustering or slowing down the committee's work. We are talking about a maximum of three weeks during the six-plus years the Liberal government has been in power. Those three weeks have allegedly been catastrophic, but the Liberals are filibustering in many other committees with regard to the corruption scandals they were involved in, whether we are talking about the former justice minister, SNC-Lavalin, the WE Charity or the Standing Committee on Health, where we have been requesting access to the vaccine procurement reports. The Liberals have definitely done their share of filibustering.

Why have we been filibustering for approximately three weeks? The heritage minister was right. Let us give some background on all of this. It is important to understand it, so that people know how we got to where we are today, muzzled by the Liberals with the support of the Bloc Québécois.

By amending the bill one Friday afternoon, the heritage minister set off alarm bells all over the place. During the weekend, law experts and university professors sounded the alarm, telling us to look out because the government was doing something that would undermine freedom of expression.

What did the Conservatives do? We just asked to hear from the heritage minister again and get a legal opinion from the Minister of Justice stating that the rights guaranteed in the Canadian Charter of Rights and Freedoms were not violated by the removal of clause 4.1.

In response, the Liberals objected incessantly for more than two weeks until the member for Mount Royal moved a new version of the motion asking for exactly the same thing we had proposed, which was to have the justice and heritage ministers come explain the situation and answer our questions, as well as an opportunity to hear the other side of the story from experts who had concerns about Bill C‑10.

They ended up appearing, and we were finally able to put an end to the committee's three-week-long standstill. That is the truth about the delay that has the minister up in arms.

I have to wonder whether the minister really wants to pass Bill C-10, because the reality is that the work of the House will be over in just 10 days' time. When the bill is passed by the House at third reading, it will have to go to the Senate. The Senate will have to examine the bill, although 40% of the amendments will not even have been discussed by the Standing Committee on Canadian Heritage. It is pretty preposterous to hear the minister lecturing us, given his behaviour.

Earlier, the minister said that some 30-odd organizations from across the country had highlighted the importance of the bill for the cultural community. They are right, it is an important bill for the cultural community, but that does not release us from the obligation to make sure we protect freedom of expression. I can already picture the minister pointing out that the Minister of Justice tabled his report with his experts. I am sorry, but what he tabled was an explanatory document, which was not in the motion we had presented.

We did not get any answers to our questions, and people started to wake up. The committee heard from former CRTC officials including Timothy Denton, CRTC commissioner from 2009 to 2013, Konrad von Finckenstein, CRTC president from 2007 to 2012, Peter Menzies, the CRTC's vice-president of telecommunications from 2013 to 2018, Michel Morin, the CRTC's national commissioner from 2008 to 2012, and Philip Palmer, legal counsel at the Department of Justice and senior counsel at the Department of Communications from 1987 to 1994. The heritage minister never names them, but all those individuals said that what the minister was doing made no sense.

Peter Menzies went as far as to say that this was a full-blown assault on freedom of expression and the foundations of democracy. He said it is difficult to understand the level of hubris or incompetence, or both, that would lead someone to believe that such an encroachment on rights can be justified.

When the minister attacks the Conservatives, he is also attacking all those individuals, not to mention the thousands of Canadians who support us and have said they want us to keep up the pressure on the minister about his bill and his encroachment on their rights.

These are facts, and I have not even mentioned Michael Geist, who is very often referred to as a professor emeritus of law at the University of Ottawa. His expertise is so sought after that even the Liberal government supports his research in this field. He was one of the strongest critics of the Liberal government's attitude, and the Bloc Québécois's as well since it supported the Liberals' gag order. Imagine: a gag order that has not been used in 20 years, that the Conservative Party never used during its 10 years in power, a House of Commons gag order that the government imposed on a committee when the House leaders keep telling us that committees are independent every time we question them.

Given what the Liberals just did to the Standing Committee on Canadian Heritage, they can never again say that a committee is independent. This is something unique. Even when people used this measure in the past, they granted a minimum of 10 hours to work on the document in question. All we were given was five hours.

This law professor, Michael Geist, is not alone. There are others from other universities. I do not have the documents with me, but I have quoted them several times. People can go and check.

I therefore want to reiterate that, when the minister attacks the Conservatives, he is attacking all those who spoke out via social media, press releases, written correspondence, speeches and interviews with the media and who said that what the minister was doing did not make sense.

Does this mean we are against culture? No, absolutely not.

Does it mean that the minister made a mistake with his bill? The answer is yes.

If the work had been done properly to begin with, we would not be where we are today. It is because of all the delays that we are dealing with this mess, which will certainly not ensure a level playing field between digital broadcasters and conventional broadcasters.

My NDP colleague's question to the minister was entirely justified. That is what happened. Those are the facts.

Back when we started studying this bill, the government made a big show of saying that this was to be a partnership, so it is pretty funny that the opposition parties did not get so much as a phone call to let them know that clause 4.1 was being removed from the bill. That was the event that triggered this crisis.

No other conversations about collaboration raised problems when they were in the Liberal government's interest. I cannot talk about them because they happened in private, but I was involved in those conversations several times.

It is sad that things have come to this. It is sad that the minister is now stooping to partisan behaviour and attacking Conservatives over this file. As I said, we are just speaking on behalf of all these industry stakeholders, the ones who wanted to protect net neutrality and freedom of expression and avoid these flaws that will almost certainly be challenged in court.

The Canadian Radio-television and Telecommunications Commission now has more powers, even though former CRTC commissioners and chairs say that giving the CRTC that kind of power is not a good idea. I am not kidding.

At the beginning of his speech the minister talked about $70 million a month, which was an approximate amount, with the calculations planned for later. People deserve to be told the truth. The CRTC now has nine months to tell us on what percentage it will base the calculations, because no one knows. The only response from the minister is that if the CRTC uses the same calculations as conventional broadcasters, the amounts will be somewhere between $800 million and $1.1 billion, which leaves a margin of $300 million. We do not know anything about it, however, and neither do we know whether the CRTC is going to use the same rules. Once the bill passes we will no longer have any control over this.

That is the current reality of this bill. Time allocation was imposed, and over the past week we have been forced to hold many votes on amendments without those watching us having access to the text of nearly 40% of them. Imagine that scenario, where the only thing the audience heard was the number of the amendment, preceded by the abbreviation of the party proposing it and followed by the question on whether members of the committee were for or against it. What transparency. The Liberals said that the people would have access to the text at the end, when it was all over. It will be too late by then and we will not be able to move forward.

The minister says that we delayed the process, but I would have him know that the committee agreed to hold as many meetings as the chair wanted. We even held meetings every day of the break week, when we were meant to be working in our ridings. Some meetings were extended to four or five hours, on barely an hour's notice. That is the truth, but the minister never mentions that when he talks about his bill.

That really stings, because these kinds of politics hurt us all. The session is ending in a few days. We know full well that the Liberals will call an election before the House comes back. All the minister is trying to do here is play politics. He wants his bill to make it into the election platform, since he knows perfectly well that he will not get it passed in time.

The Bloc Québécois helped the Liberals out of some hot water. I do not recall ever seeing an opposition party support a government gag order. The Bloc members are proud of it. They are boasting about supporting a gag order. It is crazy to think about it.

At times, I found myself wondering what was going on. The minister was weaving a story that did not make sense and that was looking like a horror story for a while there. We have tried our best to do our jobs as legislators, but it has unfortunately been extremely difficult.

The minister, through his work, has attacked net neutrality. He has created a breach. It may not be a big breach, but it is a breach nonetheless. It will be challenged, that much is clear. On top of that, the CRTC is also being given increased powers. That is the reality.

If people listening right now think that my story is not true and that I lied, if they think, as the Prime Minister has implied in the House, that I misled people, I invite them to go back and look at the record, because it is all there.

People know that that is how it happened. They know that everyone started out in good faith, until that Friday when the Minister of Canadian Heritage removed clause 4.1 without any warning. Everyone knows what happens when something is done on a Friday. It means they want to slip it through quietly. After all the theatrics to try to make people believe we do not support the arts community, which is not the case, because it is censorship that we oppose, here is what the Liberal government did instead: It censored us by imposing time allocation.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 4:50 p.m.
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Conservative

Warren Steinley Conservative Regina—Lewvan, SK

Madam Speaker, I find it funny for the minister to be asking what happened to the Conservatives. We always have stood up and always will stand up for free speech. We believe that citizens across the country should not be censored on what they put on social media, like Facebook and YouTube. We believe people have a right to their own personal thoughts and opinions, unlike three-quarters of the front benches of the Liberal Party who want a basic dictatorship. Conservatives will always stand up for free speech and Bill C-10 curtails that. We will stand with all Canadians and their right to have their own opinions and own independent thought process.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 4:45 p.m.
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Bloc

Mario Simard Bloc Jonquière, QC

Madam Speaker, earlier the minister used a generic statement when he said that if we really want to understand where we are, we have to look at where we started.

I like this kind of statement. It reminds me that it took six years for us to even get Bill C‑10. It also took 120 amendments. My Conservative colleague alluded to this, but it seems as though we have the Bloc Québécois to thank for this. The Liberals did not seem very enthusiastic about working on Bill C‑10 until we intervened.

My question for the minister is the following: What inspired the Liberals' enthusiasm for working on Bill C‑10?

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 4:45 p.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Madam Speaker, the member for Kingston and the Islands is absolutely right. That is exactly what Bill C-10 is about and exactly what it aims to do.

As we know, web giants are taking more and more of the share of how we listen to music, watch TV and watch movies. Unless they are brought into the Canadian regulatory framework, then the very reason why we created those modifications in the early nineties will disappear, and we will lose our cultural sovereignty. That is precisely why Bill C-10 was brought forward and why we want it to be adopted as quickly as possible.

Government Business No. 10—Broadcasting ActGovernment Orders

June 14th, 2021 / 4:35 p.m.
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Laurier—Sainte-Marie Québec

Liberal

Steven Guilbeault LiberalMinister of Canadian Heritage

Madam Speaker, if we really want to understand where we are, we have to look at where we started.

Bill C‑10 came out of the work of the Yale commission, which worked on this for nearly a year and a half. The commission was created by my predecessors. It travelled across the country gathering input from experts and stakeholders, including groups representing people in music, visual arts, television and film.

The Yale commission received close to 2,000 briefs and submitted its report in early 2020. We took that input from the consultations and feedback from a group of leading Canadian experts, including the former director general of the CRTC, Ms. Yale, and started working on Bill C‑10. We worked hard to do what the previous overhaul of the Broadcasting Act in the early 1990s did when the Conservatives modernized it. The act was created to protect Canadian artists, organizations and businesses from the American cultural invasion.

We all know that the American cultural invasion is powerful and that it can steamroll any culture on the planet. I have discussed these issues with ministers in Europe, Asia, Africa and Latin America. Many countries worldwide are currently dealing with the issue of cultural sovereignty.

This is the spirit in which we tabled Bill C‑10. At the time, I was the first one to say that the bill could be enhanced, improved and amended. I would remind members that the last time the Broadcasting Act was amended, the government of the day overlooked one very important issue: the ownership of Canadian broadcasting companies. The act was amended in the early 1990s, and the Governor in Council issued an order in council a few years later, in 1997, to protect the ownership of Canadian broadcasting companies, because this had been overlooked.

All of this is to say that, when we propose a bill, we do our best to make sure that it represents the best of our intentions. I would like to remind all of the members in the House that Bill C‑10 was praised by cultural organizations across the country. According to many, its passage was a historic event.

Not only was the tabling of the bill saluted from coast to coast to coast, but the National Assembly of Quebec voted unanimously in favour of Bill C-10. It said that we need Bill C-10 and that it is a good piece of legislation. Among other things, it would help the French language, French producers, French artists and French composers to better perform in this environment. Another feature of Bill C-10 is that it would also further help and support indigenous creators, indigenous artists and indigenous producers in ways the previous incarnation of the bill unfortunately did not do.

This bill is not about content moderation. The CRTC, in its decades of existence, has never said to Shaw, CBC or TVA that they can do one program but cannot do another program. The CRTC has never had that power.

I heard one member talking about the sweeping powers of the CRTC. The CRTC is not above Canadian laws. It must comply with our bodies of laws and regulations, and it is a regulator. We have many regulators in different sectors, and the CRTC, from that point of view, is no different than existing regulators. What Bill C-10 wants to do is to ensure web giants pay their fair share.

As I have said many times in this House, as well as at the heritage committee, the independent, professional civil servants at Canadian Heritage estimate that, by asking web giants to pay their fair share, we would be adding revenues in excess of $800 million a year for our creators, artists, independent producers and musicians. That figure is an estimate, not an exact figure, as we would have to adopt the bill and implement the regulations to know exactly how much it would be.

I want to point out that, initially, when the heritage committee started working on the bill, things were going really well. The committee was able to go through roughly 20 amendments at every committee meeting. What has been really challenging to understand is the Conservative Party.

By and large, we have four parties in this House that recognize the need to modernize the Broadcasting Act and agree on the goals. We do not agree on everything, but between the Greens, the NDP, the Bloc and us Liberals, I think there is vast agreement on what needs to be done.

Frankly, I am trying to understand the position of the Conservative Party on this, as it has been a moving target. Initially, the Conservatives criticized the bill for not going far enough because we were not going after YouTube or integrating these really important companies in the bill, so we changed it. Then, all of a sudden, they changed their minds. It was not good enough. Not only was it not good enough, but they disagreed with their initial position.

Then they started talking about this idea that somehow the bill would lead to censorship, which was proven wrong by the independent professional civil service of the justice ministry. The deputy minister came to testify at the heritage committee to that effect and produced analyses that showed Bill C-10 did not go against the Canadian Charter of Rights and Freedoms. In fact, there are elements within Bill C-10 and the CRTC's own laws that state that the CRTC has to abide by the Charter of Rights.

Because of that, the Conservatives claimed that it was an infringement on net neutrality. We tried to explain what net neutrality is and what it is not. Basically, net neutrality is about telecommunications. It is about the hardware and the ability of people to have access to networks. Bill C-10 does not do that. It is not about telecommunications at all.

I think we are now faced with the fact that, because of the Conservative Party, we have lost months of work on Bill C-10. For every month that passes, artists, creators, musicians and technicians in this country lose roughly $70 million per month, so we must proceed with the adoption of Bill C-10. Artists, musicians and organizations across the country are asking us to do so.

Freedom of SpeechPetitionsRoutine Proceedings

June 14th, 2021 / 4:30 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, the eighth petition is about Bill C-10. It notes that the CRTC already has sweeping regulatory powers over traditional forms of media. The original mandate of Bill C-10 was to expand those regulatory powers to include online platforms, but Liberal members have since used their position on the heritage committee to amend Bill C-10 to include social media platforms and other Internet platforms. This would amount to a significant attack on freedom of speech.

The petitioners want to see the government reverse its position on this and defend the freedom of speech of all Canadians. This petition calls on the government to respect Canadians' fundamental right to freedom of expression and to prevent Internet censorship.

Admissibility of Amendments in the Fifth Report of the Standing Committee on Canadian HeritagePoints of OrderRoutine Proceedings

June 14th, 2021 / 3:55 p.m.
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Conservative

Blake Richards Conservative Banff—Airdrie, AB

Mr. Speaker, I am rising on a point of order.

The point of order concerns the report that was just tabled: the fifth report of the Standing Committee on Canadian Heritage respecting Bill C-10. I would respectfully submit that several of the amendments contained in that fifth report must be struck out because the committee exceeded its authority.

Last Monday, June 7, the House adopted a time allocation motion limiting committee deliberations to only five further hours. The part of the House's order that is relevant to this point of order says, at pages 104.3 and 104.4 of the Journals:

That, at the expiry of the time provided in this order for the committee stage, any proceedings before the Standing Committee on Canadian Heritage on the said bill shall be interrupted, if required for the purpose of this order, and, in turn, every question necessary for the disposal of the said stage of the bill shall be put forthwith and successively, without further debate or amendment.

At the committee's second meeting, on Thursday, June 10, those five hours had expired and the Canadian heritage committee proceeded to the disposal of the committee stage of the bill, in accordance with the House's order.

The chair of the committee, the hon. member for Coast of Bays—Central—Notre Dame, informed the committee that, by the terms of the House's order, the amendments that had been placed on notice could not be moved and therefore could not be voted upon by the committee. The Liberal-Bloc-NDP majority on the committee, however, then overturned the chair's ruling, thereby forcing the committee to consider these amendments without any debate, without any opportunity to question expert witnesses from the department of Canadian Heritage and without any opportunity to hear the wording of the amendment read aloud.

Those events are recorded in the relevant minutes of proceedings for the committee's second meeting on June 10. The amendments subsequently considered by the committee are recorded in those minutes of proceedings, as well, for the committee's meeting on Friday, June 11. Both sets of minutes, as noted in the comment in the fifth report immediately preceding the chair's signature, have been laid upon the table, among others.

House of Commons Procedure and Practice, Third Edition says, at page 779:

Since a committee may appeal the decision of its Chair and reverse that decision, it may happen that a committee will report a bill with amendments that were initially ruled out of order by the Chair. The admissibility of those amendments, and of any other amendments made by a committee, may therefore be challenged on procedural grounds when the House resumes its consideration of the bill at report stage. The admissibility of the amendments is then determined by the Speaker of the House, whether in response to a point of order or on his or her own initiative.

That is why I am rising today on this point of order. In overturning the committee chair's ruling and forcing amendments that had not been properly moved to be voted upon, I respectfully submit that the committee exceeded its authority by contradicting the House's order, which required that “every question necessary for the disposal of the said stage of the bill shall be put forthwith and successively, without further debate or amendment.”

To be clear, the questions necessary to dispose of the clause by clause consideration of the bill are questions on the clauses themselves, not amendments that have simply been placed on notice.

The Chair has previously considered a similar case, from which I believe in the current circumstances a distinction may be drawn.

On November 29, 2012, Mr. Speaker, one of your predecessors, the hon. member for Regina—Qu'Appelle, made a ruling at page 12,609 of the Debates, concerning the proceedings of the Standing Committee on Finance respecting Bill C-45, the Jobs and Growth Act, 2012. In that case, the committee had adopted a time-tabling motion concerning its study of the bil. It contained language that was similar to that which the House adopted last week in its time allocation motion concerning Bill C-10.

In the case of the finance committee, the chair made a similar ruling to the one made by the hon. member for Coast of Bays—Central—Notre Dame and, again, the committee had overturned that ruling.

Following a point of order in the House concerning the finance committee's report on the former Bill C-45, the former Speaker did not set aside the committee's report on the bill. The distinction between these two cases, I would argue, is that the finance committee was interpreting a motion that the committee itself had adopted. In the current case, seven members of the Canadian heritage committee substituted their own judgment for how an order of this House, voted upon by the entire House, should be interpreted.

We often refer to committees as masters of their own proceedings, but Bosc and Gagnon put that in a very important context at pages 1057 and 1058, which state:

The concept refers to the freedom committees normally have to organize their work as they see fit and the option they have of defining, on their own, certain rules of procedure that facilitate their proceedings.

These freedoms are not, however, total or absolute. First, it is useful to bear in mind that committees are creatures of the House. This means that they have no independent existence and are not permitted to take action unless they have been authorized or empowered to do so by the House.

While the case of former Bill C-45 was of a committee majority preferring its own interpretation of a committee motion, the current case of Bill C-10 is of a committee majority seeking to override the House's instruction. It was, to borrow the words of Bosc and Gagnon, taking an action that it was authorized or empowered by the House to do. Therefore, I would respectfully submit that the amendments made to clauses 8 through 47 of Bill C-10 must be ruled out of order and therefore struck from the fifth report.

I would further ask that the committee's consideration of amendments after the proceedings had been interrupted under the provisions of the time allocation order be disregarded by the Chair for the purposes of applying the note attached to Standing Order 76(1)(5) respecting the criteria considered by the Chair in the selection of motions at the report stage.

I do not make this point of order lightly. In fact, one of those amendments that I refer to was sponsored by my own party and several others were voted for by my colleagues, but that is beside the point. Our rules must be followed. Parliamentary procedure is not a body of play pretend rules that can just be set aside at the first moment of inconvenience. It does not matter whether these flawed decisions were taken by majority vote or even with unanimity because the rules of the House must be followed.

The hon. member for Regina—Qu'Appelle, in a different ruling on May 1, 2014, at page 4787 of the Debates, concerning Bill C-30, the Fair Rail for Grain Farmers Act, found that amendments that were adopted by the Standing Committee on Agriculture and Agri-Food, without procedural objection and without dissent, had to be struck from the bill because the committee had acted outside of its authority in adopting them, commenting:

The Chair has no difficulty agreeing with the parliamentary secretary that the amendment is relevant to the subject matter of the bill. Indeed, as a fellow Saskatchewan MP who represents a large number of grain producers, I can certainly agree on the importance of this issue. As Speaker, however, not only can I not simply act according to my personal beliefs, I must respect House of Commons precedents which, in the case before us, are only too clear.

The correct place to put forward the amendments to clauses 8 through 47 of Bill C-10, in light of the proper application of a time allocation order, is at the report stage here on the floor of the House.

Additionally, and in the alternative to the matter I have already raised, I would also draw your attention, Mr. Speaker, to the amendment known as amendment LIB-9.1 that was made by the Canadian heritage committee to clause 23. The Chair ruled the particular amendment out of order for exceeding the scope of the bill and that it breached the so-called “parent act” rule, which is explained by Bosc and Gagnon at page 771, by proposing to amend a section of the Broadcasting Act which was not touched by the provisions of Bill C-10. The committee, however, voted to overturn the Chair's ruling in that regard as well.

In that particular case, the Chair may simply have to regard the fifth report and note that the amendment on its face does something which the committee was not permitted to do and therefore should be ruled out of order and struck from the fifth report.

The solution for the government here is, like the case of the former Bill C-30, to propose an amendment at third reading to recommit Bill C-10 to the Canadian heritage committee so it may, once properly instructed and empowered, make Liberal-9.1 amendment in the proper manner.

Canadian HeritageCommittees of the HouseRoutine Proceedings

June 14th, 2021 / 3:55 p.m.
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Liberal

Scott Simms Liberal Coast of Bays—Central—Notre Dame, NL

Mr. Speaker, I would like to present, in both official languages, the fifth report of the Standing Committee on Canadian Heritage in relation to Bill C-10, an act to amend the Broadcasting Act and to make related and consequential amendments to other acts. The committee has studied the bill and has decided to report it back to the House with amendments.

Bill C-10Statements by Members

June 14th, 2021 / 2:10 p.m.
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Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, the priority for Conservatives is getting Canada’s economy reopened and back on track. The Liberal government’s priority is ramming through Bill C-10, its Internet censorship bill.

I have heard from constituents across my riding who want to see this bill scrapped. New Brunswickers in Liberal-held ridings are frustrated by their MPs' failure to commit to opposing this bill, a bill that fundamentally would alter how the Internet would operate in Canada. Canadians are even more bewildered by how the government is so focused on Bill C-10 rather than pressing issues that impact their health and the economy.

I will not support Bill C-10, a bill that puts freedom of expression in peril. The government should listen to Canadians who are telling it to abandon this poorly thought-out bill that is focused on political power rather than protecting the freedom of speech that Canadians so rightly enjoy.

Government PoliciesStatements by Members

June 14th, 2021 / 2 p.m.
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Conservative

David Yurdiga Conservative Fort McMurray—Cold Lake, AB

Madam Speaker, energy security should be a concern for all Canadians. Distribution of Canadian energy through networks of pipelines is paramount to withstand shocks from a wide range of sources, like natural disasters, geopolitical conflicts and other merging threats. Energy distribution like Line 5 potentially being shutting down will initiate shortages, causing astronomical increases in the cost of everything.

The Liberal government's lack of understanding of the importance of ensuring reliable and cost-effective energy has put Canada at a huge disadvantage compared to other nations. As the Liberal government continues to spin the narrative of our economic standing globally, it is only countered with the facts.

Thanks to the pending Bill C-10, the Liberals will be able to shut down what we can hear and see, just like North Korea. Canada was once a nation that embraced freedom of speech, but I guess that will be a footnote in history if not censored by Bill C-10.

Budget Implementation Act, 2021, No. 1Government Orders

June 14th, 2021 / 1:40 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and Minister of Intergovernmental Affairs and to the Leader of the Government in the House of Commons

Madam Speaker, it is a pleasure to address this issue this afternoon. There are a couple of aspects that I would like to provide some comment on, but first and foremost is the idea of Bill C-30, now at report stage, and how important passing it is to all Canadians.

The other day, I talked about a progressive agenda. The Government of Canada has put forward a very strong, healthy, progressive agenda that includes today's bill, Bill C-12, Bill C-6, Bill C-10, Bill C-22 and Bill C-21. Of course, I often make reference to Bill C-19 as well. All of these pieces of legislation are important to the government, but I would argue that the most important one is the bill we are debating today, Bill C-30.

The budget is of critical importance for a wide variety of reasons. I can talk about the benefits that seniors would be receiving as a direct result of this budget bill, in particular those who are 75 and over, with the significant fulfillment of our campaign promise of a 10% increase to OAS for seniors aged 75 and above, and a one-time payment coming up in the month of August for that group. During the pandemic, we have been there for seniors, in particular those 65 and over, with one-time payments closer to the beginning of the pandemic, and even an extra amount for those who were on the guaranteed income supplement. That is not to mention the many different organizations that the government supported, whether directly or indirectly, to support our seniors, in particular non-profit organizations.

We have done a multitude of things, many of which are very tangible. The Minister of Finance made reference to the extension of some of the programs, for example, which we brought in so we could continue to be there for businesses and real people. This was so important. At the beginning of the process, the Prime Minister made it very clear that this government, the Liberal Party and the Liberal members of the House of Commons were 100% committed to working seven days a week, 24 hours a day to ensure that the interests of Canadians in combatting and fighting the pandemic were going to be priority number one.

As to that priority, we saw the establishment of a large number of new programs that ensured money was being put directly into the pockets of Canadians. One was the CERB, which benefited somewhere around nine million Canadians. Virtually out of nowhere this program came into being, in good part thanks to our civil servants, who have done a tremendous job in putting in place and administering the many different programs.

We have seen programs to support our businesses in particular, whether it is the Canada emergency wage subsidy program, the emergency rent subsidy program, the emergency business account or the regional relief and recovery fund. We recognized what Canada needed. The Government of Canada worked with Canadians and with, in particular, provinces, non-profits, territories, indigenous leaders and many others in order to make sure that Canadians were going to be protected as much as possible. All of this was done with the goal of being able to get us, as a nation, out of the situation we are currently in.

We have put ourselves in a position where Canada will be able to recover, and recover well. It is interesting to hear the Conservative Party asking about the debt. Many of the things I just finished talking about are the reasons why we have the debt. The Conservatives in many ways are saying we should be spending more money, while the Conservative right is saying we have spent too much money or is asking about the debt. Some Conservatives are talking about the creation of jobs. The most recent Conservative commitment was that they would create one million jobs.

Between 2015, when the Liberals were first elected, and the election of 2019, we created over a million jobs. We understand how important jobs are. Jobs are one of the reasons it was important for us to commit to businesses of all sizes, and small businesses in particular, to get through this difficult time. We knew that by saving companies from going bankrupt and by keeping Canadians employed we would be in a much better position once we got ahead of the pandemic.

I am actually quite pleased today. I started off by looking at the national news. A CBC story said that when it comes to first doses Canada is now ahead of Israel, according to a graph that was posted. When we think of populations of a million or more, Canada is doing exceptionally well. We are ahead of all other nations in dealing with the first dose.

I am now qualified to get my second dose. Earlier today I had the opportunity to book an appointment for a second dose on July 7. Canadians are responding so well to the need for vaccination. We understand why it is so important that we all get vaccinated. We need to continue to encourage people to get those shots.

It goes without saying that we need to recognize many very special people who have been there for Canadians. The ones who come to mind immediately are the health care workers here in the province of Manitoba. They are a special group of people that not long ago, in a virtual meeting, the Prime Minister expressed gratitude for in a very strong and significant way.

Our health care workers, whether the nurses, doctors or lab technicians, and people in all areas of health care, including those providing and sanitizing facilities as well as a whole litany of people, have ensured that we have been there from a health perspective.

We can look at workers involved with essential items such as groceries. Whether it was long haul truck drivers, people stacking groceries or collecting money for groceries, or taxi drivers who took people where they needed to go, whether to the hospital or the grocery store, they were there. Public institutions were there. I think of Winnipeg Transit bus drivers who opened their doors not knowing who was walking onto their buses. They were all there.

This legislation we are debating today is a continuation of getting Canada in a better, healthier position to deal with the coronavirus. We needed to bring in time allocation because of the destructive behaviour of the official opposition. We wanted to work and the Conservatives wanted to take time off. There was an excellent indication of that last Thursday, which was the biggest day in terms of debate for government. The Conservatives attempted to end the session only moments after the day got under way. It is not right that the Conservatives are playing games. We need to pass this legislation. I would ask all members to vote for it.

Bill C‑30—Time Allocation MotionBudget Implementation Act, 2021, No. 1Government Orders

June 14th, 2021 / 12:05 p.m.
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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Speaker, unfortunately, for the second time in only a few days, the government will shut down debate to keep parliamentarians, the elected representatives of the people, from doing their job and participating in a fair and balanced debate where every point of view can be properly heard. Once again, as it did with Bill C‑10, the government is shutting down debate on Bill C‑30, an act to implement certain provisions of the budget.

It is never a win for Canadians when the government does this. Unfortunately, it has done this twice: last week on Bill C-10, which is an attack on freedom of speech; and today, on a main issue of the government, which is the debate on the budget.

Why did the government not do its homework?

Why did it not let us debate Bill C-30 when required? Why did the Minister of Finance move an amendment last week in the House when she very well could have done so at the parliamentary committee?

June 14th, 2021 / 11:45 a.m.
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Liberal

The Chair Liberal Scott Simms

Okay. If we need to discuss it on Friday at the end, I'll clear a few minutes for that as well. Friday and Monday, I have specific deadlines, and obviously Wednesday. Honestly, if you have someone in mind, please send it to us as soon as possible, given the tight time frame we are under.

That being said, is there anything further?

On these two meetings, do you want to do the format that we ended with before Bill C-10, which was a two-hour meeting with no break, and let's say we have...? Well, it doesn't matter how many witnesses we have.

Would you rather do the two hours with all witnesses, or would you rather break it up, hour to hour, and then have different witnesses?

Mr. Champoux.

June 14th, 2021 / 11:30 a.m.
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NDP

Heather McPherson NDP Edmonton Strathcona, AB

Certainly this is a topic that is very important to me, and it's very important to all members on this committee, I am sure, that we examine this. Unfortunately, as many have said, the work on Bill C-10 took much longer than we anticipated, and we have not been able to get to our other pieces of work.

The only thing I want to raise, which I think is important, is the motion Mr. Waugh brought forward regarding the minister visiting or the officials visiting with regard to the children who were found in Kamloops.

I say that because, of course, it's urgent; it's timely, and it's something we need to look at. I would not want the committee to let that fall off either, though I recognize that we are looking down the barrel of three meetings and that is all we have left together.

June 14th, 2021 / 11:25 a.m.
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Bloc

Martin Champoux Bloc Drummond, QC

You look happy to be giving the floor to someone, Mr. Chair!

I have some questions and proposals that could be discussed.

My first question is about the study on anti-Asian racism. I remember very well the context in which we passed the motion on this issue. Obviously, we're all very committed to completing the study, but didn't think at the time it was proposed that Bill C‑10 would take us so long.

On the one hand, I'd like to know what will happen if we don't meet the September 21 deadline. Since we aren't likely to be in session this summer and we don't really know what will happen this fall, what would the consequences of not meeting that deadline be?

At the same time, can we commit to giving this study priority upon returning to the House and request an extension on the deadline, given the circumstances and the fact that Bill C‑10 took longer to complete?

My second question is actually a proposal, and it has to do with Mr. Rayes and his expectations regarding copyright. Copyright is very important to me as well. We had made a promise to Mr. Rayes and to ourselves that we would deal with this issue, because it is urgent and needs to be addressed.

With respect to the issue of harassment and abuse in high-performance sport, I propose that we begin the study on Friday. We could call in officials and one to three representatives from sports federations that we would like to hear from as part of the study. On Monday, we could do the study we promised Mr. Rayes we would do on copyright.

This would make for a busy end to the committee's session, but an extremely efficient one as well.

I am throwing the proposal out there and comments are welcome.

We are also left with the September 21 deadline that we are unlikely to meet.

June 14th, 2021 / 11:20 a.m.
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Liberal

The Chair Liberal Scott Simms

That was very generous of you.

I'm not moving off of the issue about sports; I will get back to that in just a few moments. Right now, though, I will give you the broad context of what we're looking at over the next little while, upcoming studies or ones already before the committee.

The supplementary estimates (A) are to be considered, as we normally do. The seventh allotted day, Thursday, June 19, is really our deadline for reporting them back. It's too late to do votes on supplementary estimates (A), as Bill C-10 took a big chunk of the time, but we can study the estimates as subject matter. I'll just leave that right there, that we can do that if you so desire.

Let's get into the motion on anti-Asian racism that was adopted on March 26. I don't have to go through the whole motion. It was just talked about. I will say, however, that there was one stipulation in it that said, “no later than 180 calendar days from the adoption of this motion; and that, pursuant to Standing Order 109, the government table a comprehensive response.” Now, 180 calendar days from the adoption of the motion on March 26 is Tuesday, September 21. Please bear that in mind. That's basically when we come back. I forget the actual date.

On to the next one, which was adopted on April 12:

That the Committee devote at least one meeting before the summer recess to hear from witnesses on the continuing challenges for publishers, creators and artists as it pertains to fair compensation for their work in...educational publishing in Canada.

That's number three.

We also have this motion, which was adopted on June 11. It reads, in part, as follows:

That the Committee invite officials from the Department of Canadian Heritage to testify about the funding for the discovery of the remains of 215 Indigenous children on the grounds of a former residential school in Kamloops....

That was from Mr. Waugh.

We also have the ongoing issue of Facebook, and the correspondence we've had since our summons to Mr. Zuckerberg, about his appearing before committee. I can brief you on that so far, and perhaps Mr. Housefather can as well, as he's been involved. There is that issue.

We just adopted the motion by Ms. McPherson regarding the deal from 2017—the agreement between Netflix and the Department of Canadian Heritage.

The final one would be the independent body for complaints in sport as a study we look into, as we just spoke about.

Before I go for comments, I want to highlight those two things regarding a timeline.

We have the anti-Asian racism motion, which talks about “no later than 180 days from the adoption of the motion”, which takes us to September 21. The educational publishing issue asks for one meeting before the summer recess.

Now I'll ask for comments.

Oh, good. I see Mr. Champoux.

June 14th, 2021 / 11:05 a.m.
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Liberal

Julie Dabrusin Liberal Toronto—Danforth, ON

Thank you, Mr. Chair.

What I absolutely disagree with is the premise underlying the motion, about Netflix facing exclusions. I think most people who are Netflix subscribers have probably received a notice, in fact, of the company's intention to be contributing towards Canadian taxes. Regardless of that part, I actually think that in the interests of transparency, I would support this motion, but I disagree with the premise and think that there are some inaccuracies that would need to be addressed. Perhaps when everyone takes a good look at C-10, as well as their Netflix notifications and the actual budget implementation act, that might be clarified.

June 11th, 2021 / 3:15 p.m.
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Liberal

The Chair Liberal Scott Simms

That's, of course, what I meant by short order. They should have that done by then, and then it goes back to the order of the House.

By the way, we have a meeting on Monday. I'll update you at the very beginning of the meeting as to the progress of the reprint and report of Bill C-10 back to the House for report stage.

Go ahead, Ms. McPherson.

June 11th, 2021 / 3:15 p.m.
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Legislative Clerk

Philippe Méla

Thank you, Mr. Chair.

As you know, Mr. Champoux, there are a number of committees working on bills right now, and many of them are at the reprint stage. So all these bills end up in the same place for reprinting. That's why the process takes a little longer than usual.

In the case of Bill C‑10, a lot of amendments and subamendments have been passed, so it's going to take a little bit longer still. However, we will try to produce the report by Monday or Tuesday at the latest. We will do our best at the end of the week.

June 11th, 2021 / 3:05 p.m.
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Liberal

The Chair Liberal Scott Simms

You may be on the right path, Mr. Aitchison.

Let me just ask the question again.

Shall the title carry?

(Title agreed to: yeas 7; nays 4)

Shall the bill, as amended, carry?

(Bill C-10 as amended agreed to: yeas 7; nays 4)

June 11th, 2021 / 2:30 p.m.
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Liberal

The Chair Liberal Scott Simms

Next is the proposal for new clause 26.1, in amendment CPC-13.

The amendment amends subsection 71(3) of the act, which is not amended by the bill. In particular, we're talking about the corporation, CBC/Radio-Canada, and whether or not it is compelled to provide new information to its report to Parliament.

House of Commons Procedure and Practice, third edition, on page 771, states, “an amendment is inadmissible if it proposes to amend a statute that is not before the committee or a section of the parent Act”—the Broadcasting Act—“unless the latter is specifically amended by a clause of the bill”.

The bill goes slightly beyond its reach, meaning that by saying yes at second reading to Bill C-10, we've accepted its principle, but we've also accepted the scope of the bill. This particular measure does go beyond the scope of the bill. Therefore, I have to rule that CPC-13 is inadmissible.

That brings us to clause 27.

(Clauses 27 and 28 agreed to: yeas 7; nays 4)

Folks, could I just get everyone's attention for a moment? One of the things we tend to do in clause-by-clause, similar to this, is that if we have several clauses in a row, we can lump them together into one vote.

Right now, I have clause 29, 30, 31 and 32 with no proposed amendments from our amendment package or from PV either. We can lump them together into one vote, but to do that I would need unanimous consent. This will also come up again later on in the bill. I have not done it yet, but it just occurred to me that it can be done. I will put it in front of the committee. Clauses 29 to 32 would be voted on at once.

Do I have unanimous consent to proceed that way?

June 11th, 2021 / 2:30 p.m.
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Liberal

The Chair Liberal Scott Simms

We're on amendment PV-26.1.

For those watching us at home, PV is Parti vert, the Green Party. This has been submitted by the Green Party, by Mr. Manly.

Shall PV 26.1 carry?

(Amendment negatived: nays 9; yeas 2 [See Minutes of Proceedings])

That brings me to amendment CPC-12.

In Bill C-10, it amends section 46 of the Broadcasting—

June 11th, 2021 / 2:20 p.m.
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Liberal

The Chair Liberal Scott Simms

If you'll look at your hymn book, you'll see that G-16 is listed, but that was already carried. It was consequential to G-9. Therefore, we're going to just move on from there, because we're [Technical difficulty—Editor] the consequences of the G-9 vote to G-16, so you can take that one out.

That brings us to BQ-35(N). This amends the Broadcasting Act. It provides for a specific regime for the commission to impose a penalty to the corporation, CBC, under the proposed section 34.99. The circumstances cannot be done without holding a public hearing. That's basically what the amendment's saying.

The amendment aims at applying the same unique regime to a person carrying on a broadcasting undertaking, even though it's a different regime, and it does not contemplate a public hearing as proposed in the bill under proposed section 34.92, and I'm afraid that this goes beyond the principle and scope of the bill.

We are applying one to one, and you want to expand it to apply to the other. It's not envisioned within C-10. Therefore, I have to rule that it is, according to page 770 of the House of Commons Procedure and Practice, inadmissible for the purposes of the principle and scope of Bill C-10.

June 11th, 2021 / 2:05 p.m.
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Liberal

The Chair Liberal Scott Simms

Welcome back, everybody.

(On clause 18)

We left off at clause 18, so we're starting with PV-26.

I need to say this about PV-26 before we proceed any further.

Bill C-10 amends the Broadcasting Act to provide for the Governor in Council to be able to review a decision made by the CRTC under section 9 of the act. The amendment expands this power to the orders that the CRTC may make under proposed section 9.1 of the act, which is not envisioned in the bill. Again, we go back to page 770 of House of Commons Procedure and Practice, regarding an amendment being beyond the scope of a bill.

PV-26 expands the power of the Governor in Council to cabinet and that is beyond the scope of the bill. Therefore, I have to rule that PV-26 is inadmissible.

June 11th, 2021 / 1:20 p.m.
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Liberal

The Chair Liberal Scott Simms

Thank you very much.

We are on amendment CPC-11.2. This may sound eerily familiar. It proposes to amend the part of the act related to licences yet again. In the House of Commons Procedure and Practice—it's the third edition I'm speaking of, from page 771—it says:

...an amendment is inadmissible if it proposes to amend a statute that is not before the committee or a section of the parent Act, unless the latter is specifically amended by a clause in the bill.

I mentioned this was eerily familiar because it is the same as before. However, since it is before us, I am compelled to do it.

Since the part is related to licences, we're talking about section 22 of the Broadcasting Act, which is not being amended by C-10. As I mentioned earlier with the same genuine understanding, it was not touched upon in C-10. We voted that on principle. Therefore, the committee would be exceeding the scope of the bill if we amended something in the act that was not addressed by C-10, and here we are doing an amendment that wasn't.

I really hope that was clear enough for everybody. I'm not sure it was but nevertheless—

June 11th, 2021 / 1:15 p.m.
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Liberal

The Chair Liberal Scott Simms

Thank you.

We are now going to CPC-11.1.

In CPC-11.1, we had a great deal of conversation about it. It does amend the Broadcasting Act in many ways. The amendment proposes to amend part of the act related to licences. In this particular case they were talking about amendments to licences [Technical difficulty—Editor] they rendered necessary by other adopted amendments. I just want to read you something that is on page 771 of House of Commons Procedure and Practice. It says:

…an amendment is inadmissible if it proposes to amend a statute that is not before the committee or a section of the parent Act, unless the latter is specifically amended by a clause of the bill.

What we're doing here is talking about the parent act in the case of the Broadcasting Act, but in C-10 it doesn't discuss this particular way of amending. Therefore, I have to rule it inadmissible as it goes beyond the principle and scope of the bill that we agreed to on Bill C-10, which was accepted in the House at second reading.

June 11th, 2021 / 12:55 p.m.
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Liberal

The Chair Liberal Scott Simms

The first one we are dealing with is PV-24. This is the first of the PV amendments. As I ruled earlier, the amendments from the Green Party are automatically deemed moved due to an order that we decided upon at the beginning of this Parliament.

I wish to discuss it.

PV-24 attempts to remove the discretionary power of the CRTC to make regulations when needed, to force the CRTC to make them in all cases referred to in proposed subsection 11.1(1) of the act. As a result, this power was not originally envisioned in Bill C-10 itself.

That being said, according to page 770 of [Technical difficulty—Editor] goes beyond the principle and scope of the bill.

I'll repeat how that works. This bill has been accepted at second reading, which means we accept the principle and the scope that the bill puts out there. This particular amendment goes beyond the principle and scope of the bill, which we've already voted on. Therefore, it exceeds the will of the House in this particular case.

I have to make a ruling that PV-24 is inadmissible.

I'll give you a moment to reflect. I hope everybody's well.

Now, if you go back to your hymn books, we'll move on to LIB-8, moved by Mr. Housefather.

(Amendment agreed to: yeas 7; nays 4 [See Minutes of Proceedings])

June 11th, 2021 / 12:45 p.m.
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Liberal

The Chair Liberal Scott Simms

Welcome back, everyone, to clause-by-clause on Bill C-10 at the Standing Committee on Canadian Heritage.

To people listening to us, viewing us from afar on the web, on the Internet, you have my apologies. We had a technical problem there at the beginning. We are now overdue, obviously, but nevertheless here we are.

We're going to resume our consideration of clause-by-clause, under what we have received from the House of Commons and the procedure that we are going through.

Before I get into that, however, I want to address something that was raised by Mr. Waugh about a motion of his. I seemed to indicate on Friday that it would be okay. Unfortunately, in this case we cannot deal this since we are now under the ruling that came from the House. We're proceeding with the debate and the clause-by-clause consideration.

However, that being said, I just wanted to bring it up, because I wanted to assure you. Obviously, it fits within the confines of the 48 hours' rule. Therefore, when we finish with Bill C-10, and we have time left over, why doesn't the first order of business be your motion, once we are done?

Just to give everyone a heads-up, when we end we will go to Mr. Waugh's motion. You have received the motion. Please give it your due consideration before that meeting arrives. Following the finish of this particular bill, we'll go into Mr. Waugh's motion.

I think that's about it before we start.

I just also wanted to remind everyone about some of the rules we have here.

We cannot engage in debate. As we go through this there can be no amendments or subamendments, as directed by the majority of the House of Commons on a ruling that took place last week on time allocation.

The only time you will hear me talk more than perhaps you desire, nevertheless, is when I make a ruling on a particular amendment. All the amendments you received in your package will be discussed. If I need to make a ruling I will do so, and I will explain to the best of my ability as to why it is inadmissible.

I promise you, since there is no opportunity to talk about the particular motion by the person who moved it, I will pause—hopefully there will not be an awkward silence—and give time for all of you to consider, because you do have the option to appeal. You can challenge the chair's ruling.

We've already done that once, but I felt at the time I was probably moving a little bit too quickly, and for that I apologize. What I will do, if I have to make a ruling on inadmissibility, is that I will take a pause and you can decide whether you want to appeal that ruling.

Let's go back to where we were.

We are now moving—

Bill C-10Statements By Members

June 11th, 2021 / 11:10 a.m.
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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, this week the Liberals, with the help of the Bloc, pushed through their gag order to shut down debate on Bill C-10 at the heritage committee.

Several academic and legal experts have been clear. Bill C-10 leaves the door open to a massive abuse of power and the regulation of what Canadians can or cannot post online. Freedom of expression is a fundamental right in any democratic society, and it is shameful that the Liberals refuse to make the necessary amendments to protect it.

Conservatives cannot and will not vote for a bill that threatens the rights of all Canadians. Canada's Conservatives will always stand up for the free expression of Canadians, even if the NDP and Bloc will not.

June 10th, 2021 / 5:05 p.m.
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Liberal

The Chair Liberal Scott Simms

Before I go to the next one, when we do the voting, folks, I just want to be clear that when I call “shall it carry”, there are a couple of options that we've worked out. You can say “no”; however, if you agree with it, you don't have to say anything.

If nobody says anything, I'm going to let it carry. If you say “no”, I will go to a vote. If you wish to suggest that it carry on division or be defeated on division, you can make that suggestion at the same time. I can go back to the committee to find out if that is the way you wish to proceed.

Okay? If you agree with it, you don't have to say anything.

This brings us to CPC-9.6, and I have something a little different.

In reviewing CPC-9.6, it says it would add, in proposed section 9.2, in clause 7, after line 19 on page 8: “The Auditor General of Canada shall annually audit all the orders, conditions, regulations and decisions of the Commission”—meaning the CRTC—“with respect to the discoverability of programs”.

I don't need to proceed any further.

The reason I say that is that, if you look to page 770 in the third edition of House of Commons Procedure and Practice, it talks about “beyond the scope and principle of the bill”. In second reading, the House passed the bill, which means we accepted it in principle and scope, or at least the House did. I understand that not all of you do, but the majority of the House accepts the principle of it.

If we propose things that go beyond the scope of the bill, then it's my responsibility, as chair, to deem it inadmissible. What is going on here is that this particular amendment, CPC-9.6, calls on the Auditor General to do the work, but nowhere in Bill C-10 does it call on the Auditor General to do that. Not only that, it doesn't even require in the Broadcasting Act for the Auditor General to do that.

I'm not ruling on the intent of the amendment. In other words, I'm not saying I don't like the Auditor General. I'm saying that because Bill C-10 does not specify any function for the Auditor General to be involved, I have to rule it to be inadmissible. That's the ruling.

Mr. Rayes.

June 10th, 2021 / 4:55 p.m.
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Liberal

The Chair Liberal Scott Simms

Welcome back, everybody. Once again, this is clause-by-clause on Bill C-10.

I'm going to clarify once more what we're doing right now. The ruling was such that—

June 10th, 2021 / 4:45 p.m.
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Liberal

The Chair Liberal Scott Simms

I don't mean to prejudge what you're about to ask. It's just that I think I might be able to answer your question.

Right now I'm still dealing with the first ruling, so now that is done.

That brings me to my second ruling.

All the rest of the amendments here have not been moved. Therefore, under the guidance—and in this case it's fairly strict guidance—of the standing orders, we will not be able to vote on the amendments by the parties.

Does everybody now understand why? It's because they're not moved. I am under strict orders to look at clause-by-clause on Bill C-10. These amendments have not been moved, and we cannot vote on something that has not been moved.

Mr. Housefather.

June 10th, 2021 / 4:40 p.m.
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Liberal

The Chair Liberal Scott Simms

Welcome back, everybody.

As you know, we are now within the confines of Bill C-10, clause by clause.

What I am going to do right now is explain the process in relation to the order that we received from the House of Commons. It goes like this:

That, in relation to Bill C–10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, not more than five further hours shall be allotted to the consideration of the committee stage of the bill....

That is what we have just completed. It continues:

That, at the expiry of the time provided in this order...any proceedings before the Standing Committee on Canadian Heritage on the said bill shall be interrupted—

We've just done that:

—if required for the purpose of this order, and, in turn, every question necessary for the disposal of the said stage of the bill shall be put forthwith and successively, without further debate or amendment.

What we're going to do is go through this clause by clause. There are three things to remember. Because of the orders from the House of Commons, voted on by a majority of the members, for these clauses there can be no debates, no amendments from the floor or subamendments pertaining to any amendment that is possible. This is a voting exercise that I am sure you have done before, and I don't need to explain how that goes.

Here is an important part. I have two rulings to make regarding the package of amendments that we have. For those folks who are listening at home, we as members propose amendments in advance to be studied and distributed amongst committee members, but they are not officially moved. We have gone through several. We still have several on the schedule here, but I have to get to two rulings before discussing any further.

Before I do the rulings, remember, whenever this chair makes any ruling, there is no debate on that ruling, but there is a process of appeal in a challenge. It has to be done following the ruling that is made. Again, I have two rulings, so let me deal with number one first.

Pursuant to the routine motion adopted by the committee, I have an obligation to put to a vote amendments from any member who is not a member of a caucus represented on the committee left to deal with in the package of amendments. These amendments will be deemed moved.

What I am saying to you is this: Orders that were adopted a few years ago—and I mentioned this during the committee—deem that motions by any unrecognized party on the committee are deemed to have been moved. In this particular case, it comes from one source, which would be the Green Party. These are all the amendments that say PV, Parti vert, so they are PV-26 and PV-27.

According to the routine motions that we have adopted, those motions made by Mr. Manly, PV, have been deemed moved. That means we will be voting on Parti vert, Green Party amendments that were proposed, because they have been deemed moved. This is a rule in place.

Now, again, Mr. Manly does not have the right to vote, but he does have the right to propose amendments, and once those are in our packages, those are deemed moved. Therefore, we will be voting on those.

That is the first ruling.

By the way, there's something else I should mention. I'm going to go very slowly with this, because I want everyone to understand what we're doing and I want to make sure that everyone is aware of how the process goes. I'll probably go at the pace of the heartbeat of a hibernating bear, and I apologize if you find that frustrating, but I truly want everyone to understand.

Mr. Rayes, I see your hand up.

June 10th, 2021 / 4:25 p.m.
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NDP

Heather McPherson NDP Edmonton Strathcona, AB

I will be as fast as I can. Thank you.

I just want to respond and say that I think this is a good amendment. I'm happy to support this extra oversight. I think that's great and I'm very thankful to Mr. Rayes for bringing this amendment forward.

However, I want to also just bring up the idea and to flag that when Mr. Shields spoke about legal opinions, and the legal opinions being those of the ministry or the government or of those who are contracted by the CRTC, it's important that we recognize that there was a letter sent to the Prime Minister by 14 of Canada's pre-eminent broadcasting, telecommunications and entertainment lawyers, with decades of experience, who spoke very clearly about the concerns that have been raised by some of the Conservatives.

They made it very clear that the commission is not being given any powers to infringe on Canadians' charter rights, that this is clearly outlined in the Department of Justice's update to the charter statement and that these lawyers agree with the conclusion. They say:

Bill C‑10 would restrict the powers the Commission would have over social media services to: mandating financial contributions to support Canadian programming or the recovery of regulatory costs; discoverability, so Canadian creators can be more easily discovered and promoted online; registration, so the Commission knows which services are operating in Canada; and audit powers, to ensure compliance with all of these powers....

They also said it is simply false and completely ignores that:

Users who upload content to these social media services would not be subject to the Act, as specified in proposed Section 2.1. Moreover, the Commission would not have the power to constrain the content on social media services, set program standards for these services or the proportion of programs on these services that must be Canadian.

Also some very smart legal opinion around this country has come forward and said some of the concerns that are being raised by certain members of this committee are completely unfounded. I think it's important that we get that on the record.

I realize I'm at the very last and at the tail end here, but I do want to make sure that that gets put into the record.

June 10th, 2021 / 4:10 p.m.
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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Chair, thank you for allowing me to speak to my amendment once again.

Let me go back to what my colleague Mr. Champoux from the Bloc Québécois said: all's well with the world as long as there are no problems. I know that Mr. Ripley says that freedom of expression is protected; he's giving us the department's take on it. However, as Mr. Champoux has correctly pointed out, there are many voices in this country, including credible experts, who are expressing an opinion that is completely opposite to the department's vision.

At the heart of this issue is the CRTC, an agency whose approach is, in some respects, challenged by a number of people, including former senior CRTC officials. They are strongly questioning this bill.

I want to make something clear: I am not trying to digress from the subject, but I want to talk about an article that was published this week in La Presse, which is one of the most credible media outlets in the country. The reporter Philippe Mercure wrote this piece about a decision the CRTC made on Internet rates. Some may say that this is not relevant to the topic, but I simply want to illustrate how the CRTC works. Prime Minister Justin Trudeau had clearly said in 2015 that he wanted to lower people's Internet bills. Despite clear government directives, the CRTC went back on its 2018 calculation and made a decision that helped the big players, to the detriment of the public.

According to the reporter who is an expert on this issue, the CRTC made “a 180‑degree about‑face, which the federal agency explains... by 'errors' made in 2019” in its own calculations. As a result of this decision, people's future Internet bills will more than double, because of an error that the CRTC apparently made in 2019. The reporter adds: “They ask us to just believe them. Except that the CRTC refuses to present a new calculation to justify its pro‑industry shift.”

Toward the end of the article, he writes: “So the regulator is simply choosing to cancel the rate cuts and keep the current ones in place. In a stunningly casual manner, it states that, in any event, the new calculations would 'probably' arrive at rates that 'might approach' those currently in use.” The CRTC decides of its own accord to say that it will not even do the rigorous, scientific exercise that is required.

When I see such things happening with respect to people's Internet costs, I am led to wonder. What does this have to do with Bill C‑10, you might ask? Well, I'm talking about the organization that will be given all these powers tomorrow morning, when we don't even know how the CRTC will read the bill, as Mr. Champoux pointed out. The CRTC has nine months to tell us how it will read the bill and how it will apply it, because there are no guidelines. All of us on the committee, not just the Conservatives, added guidelines to the bill for francophone content, Canadian content, and so on, because none of those things were there initially.

It is all very well to say that, based on how the bill reads, freedom of expression is protected. However, it seems to me that amendment CPC‑9.5 that I am proposing provides an additional safeguard to ensure that the CRTC respects freedom of expression, which is fundamental and which many experts have called for. I am not just talking about regular Canadians, but also about recognized experts from various universities and the legal field across the country.

My amendment simply requires that the CRTC publish the legal opinion on its website confirming that the Canadian Charter of Rights and Freedoms is respected, and that this opinion be published in the Canada Gazette.

My colleague Mr. Waugh was saying that he had never read the Canada Gazette, and that's why we want the legal opinion to be published on the CRTC website as well. I understand not wanting to add unnecessary paperwork, but this is not too complicated. It would just take a fairly simple little 101 course. We can all relay the information afterwards on our web pages and social media.

Given the CRTC's track record, this requirement is just one more protective measure we are taking as a country, as Canadians. This will be good for artists, both those in associations and those who are independent and work from home.

Honestly, I do not believe that amendment CPC‑9.5 is asking for anything excessive at all. With respect, even if it required a little more paperwork, as Mr. Ripley said in response to a question from Mr. Champoux, would that be too high a price to pay to protect our freedom of expression? I'm sorry, but freedom of expression is priceless.

I move this amendment with all due respect to my colleagues, to the officials who are here and to all those who have worked on this issue. Regardless of the expertise of each of us, we are all human beings. We have tried as best we can to improve the bill. It was not perfect at the outset, which explains the multitude of amendments that have been introduced. In fact, many of them are going to be squeezed through without our having had a chance to discuss them.

One way or another, the bill will be challenged in court. It is actually not true that things will go smoothly tomorrow morning, despite what people would have us believe. The Conservatives will not be the ones responsible for blocking the bill, the courts will provide us with justice. In this case, law professors or those in this specific area will challenge aspects of Bill C‑10. I think that they too are entitled to have their expertise recognized whenever and wherever they comment.

I don't want to go any further, because I really want to see the vote on amendment CPC‑9.5. I would also like to have the opportunity to introduce amendment CPC‑9.6 afterwards, if we are not yet at the end of the five‑hour period we have.

Thank you, Mr. Chair.

June 10th, 2021 / 4:10 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Let me summarize how we interpret Bill C‑10 and the measures we want to put in place. I agree with my colleagues that we should not presume how the CRTC will interpret the act on which it will have to base its regulations. However, the current version of the bill doesn't raise concerns for users of online platforms, contrary to what some experts have suggested. According to several other experts, it doesn't represent an infringement of freedom of expression or of other principles in the Canadian Charter of Rights and Freedoms in general.

Furthermore, if by any chance people we did not have the opportunity to hear from are concerned and want to give their opinion, they could participate in the CRTC public hearing process.

Ultimately, if a decision made by the CRTC violates the principles of the Canadian Charter of Rights and Freedoms, including freedom of expression, there is recourse to the courts.

So there are several layers of protection, in my view.

Actually, this is not a question for you, Mr. Ripley. Rather, it is the conclusion I draw from the many responses you just gave me, for which I thank you very much.

I will try to stick to the amendment that we're talking about, Mr. Chair. I want to avoid doing what some of my colleagues seem to be doing, as you like to say, venturing off the playing field. We're talking about freedom of expression and adherence to the Canadian Charter of Rights and Freedoms and the tools we put in place to do that.

I believe we have listened carefully to everyone and we haven't muzzled anyone. I don't think we have censored anyone in the last six weeks. We've clearly heard the concerns of our Conservative colleagues. In fact, I think it's very unfortunate that we've come to a process like the one in place. Ultimately, we urgently need regulations to level the playing field in the Canadian broadcasting system.

We have artists in Quebec and in Canada who are anxiously awaiting this bill. It's urgent that it be passed. All these individuals are also eager to take advantage of the digital world, just as much as those who are already there or who have been discovered through digital media.

I very much hope that we will conclude this debate in a cordial and productive manner, and that we will all move forward with the best will in the world. As I said earlier, more than 200,000 artists, creators, craftspeople, technicians and authors, to name but a few, are represented by the handful of associations we've been in contact with over the past few months. They are imploring us to pass this bill before the end of the session.

I'm going to stop there, Mr. Chair. I know those individuals are listening. I just want to tell them that we stand firmly with them and we sincerely hope that we can deliver Bill C‑10, for which they have been waiting far too long.

Thank you, Mr. Chair.

June 10th, 2021 / 4 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

You have raised a good point: if someone feels that the CRTC has misinterpreted the act, they have recourse.

I don't want you to think that I'm making you repeat yourself, Mr. Ripley. In fact, I've been listening to you very carefully over the past few weeks. I'd like you to tell us whether you feel there is any cause for concern that the current wording of Bill C‑10 could allow the CRTC to misinterpret the act and violate the Canadian Charter of Rights and Freedoms in its regulations. Based on your interpretation of Bill C‑10 and the Broadcasting Act, do you see any cause for concern?

June 10th, 2021 / 3:55 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Thank you, Mr. Chair.

I will take a few moments to offer my opinion on this amendment. We are indeed discussing an amendment.

I'm going to have a question or two for our friends in the department, particularly Mr. Ripley.

First of all, I want to commend the member for Lethbridge for listening to the artists. We can see that she's sensitive to the artists' cause.

However, when she says that we haven't listened to the artists, that we haven't heard them, I'd like to point out that the artists we're talking to are represented by associations such as the Union des artistes, the Association québécoise de l'industrie du disque and the Association des professionnels de l'édition musicale. These are recognized and important associations. They are not lobbies; they are also unions and groups representing artists.

She talks about artists who, in her view, are in niches and stuck in the nineties. Yet the vast majority of these artists are using electronic platforms to distribute their art. So these artists are not so out of touch, these artists are not so far removed from the ones she's talking about, who she feels we should have listened to.

Furthermore, the artists she's talking about who she feels we should have listened to are often YouTubers, people who have platforms or channels on which they post content. Yet, these folks are not subject to the regulation proposed in Bill C‑10. That's one of the questions Mr. Ripley has answered a number of times.

It's easy to build a series of arguments out of falsehoods, to spin it all out of proportion and make a big deal of it. You have to be careful, you have to say real things too, and you have to speak to the real world.

We're talking about 200,000 artists represented by associations like the ones I just mentioned. These 200,000 artists do not have niches and are not stuck in the nineties. These are artists who would have deserved a much more heartfelt apology than what we just heard from the member for Lethbridge, based on the comments.

Having said that, I'd like to once again ask Mr. Ripley about the amendment we're talking about here.

Isn't this request that we would make in adopting CPC‑9.5 simply a way to make the CRTC's job much more cumbersome? Won't this amendment only complicate things, when they are already pretty clear in the bill we're in the process of passing?

June 10th, 2021 / 3:35 p.m.
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Liberal

The Chair Liberal Scott Simms

Welcome, everyone, to C-10's clause-by-clause consideration. Welcome back.

Before I get to resuming the debate we had, which was on CPC-9.5, I just wanted to let everybody know that there's been an addition. I think it's in your an inbox. A new amendment has been proposed that comes from Mr. Housefather.

If you look at the reference number, the last three numbers are 710. It's going to be labelled as LIB-9.1.

Now, where does that go? I'm glad you asked. I hope I get the page number right. It's going to be after CPC-11.2 and before the next clause, which is PV-26. I think that would now be page 106.

Mr. Maziade, did I get the page number right?

Bill C-10Statements By Members

June 10th, 2021 / 2:05 p.m.
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Conservative

Chris Warkentin Conservative Grande Prairie—Mackenzie, AB

Mr. Speaker, freedom to speak is a cornerstone of a free society. Bill C-10 will threaten that freedom and opens the door for the government to decide what is acceptable speech and what is unacceptable.

Democracy rests on the rights of a free people to speak freely, to freely debate and decide what are good ideas and what are bad ideas. I trust Canadians to engage in robust debates and wisely seek out truth without the government looking over their shoulders.

It is no wonder that it is the current government, whose entire philosophy is based on weak and faulty ideas, that is trying to ram this legislation through before an election. However, Canadians will not be silenced, and they know that Bill C-10 is simply an attempt to limit their ability to challenge those in power.

I will continue to fight against the passage of this flawed and dangerous legislation. Attempts to silence Canadians are wrong, and I will continue to fight and defend the rights of Canadians to freely challenge those in power.

Alleged Breaches of Privilege Presented in the Second Report of the Standing Committee on Access to Information, Privacy and EthicsPrivilegeRoutine Proceedings

June 10th, 2021 / 1:55 p.m.
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Bloc

Caroline Desbiens Bloc Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Madam Speaker, I appreciate my esteemed colleague's comments, and I am especially fond of his region.

I heard him talking about Bill C-10 earlier. I saw a leading public health scientist on television recently explaining to some journalists who were in front of her that some of the money allocated to public health should go towards culture, too, and not just to psychiatrists and psychologists. She believes that the remedy, the best antidote for the post-pandemic situation, will be culture and entertainment. That is why it is so important that Bill C-10 pass quickly, since that is the vaccine we need the most right now.

I would like to hear my colleague's thoughts on that.

Alleged Breaches of Privilege Presented in the Second Report of the Standing Committee on Access to Information, Privacy and EthicsPrivilegeRoutine Proceedings

June 10th, 2021 / 1:55 p.m.
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Bloc

Mario Simard Bloc Jonquière, QC

Madam Speaker, I may not have as much parliamentary experience as my colleague, but I am sure that Bill C-10 would have progressed much faster if the government had not prorogued the House.

Alleged Breaches of Privilege Presented in the Second Report of the Standing Committee on Access to Information, Privacy and EthicsPrivilegeRoutine Proceedings

June 10th, 2021 / 1:55 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and Minister of Intergovernmental Affairs and to the Leader of the Government in the House of Commons

Madam Speaker, I appreciate a number of the comments that have been expressed by the member from the Bloc. As I indicated to the previous speaker, Bloc members have demonstrated the need, from their perspective, to support time allocation and government legislation, and Bill C-10 is an excellent example of that.

If time allocation was not being used regarding Bill C-10, what would my colleague from across the way have anticipated to be a potential problem, whether at the committee stage or third reading, given the Conservative opposition to the legislation?

Alleged Breaches of Privilege Presented in the Second Report of the Standing Committee on Access to Information, Privacy and EthicsPrivilegeRoutine Proceedings

June 10th, 2021 / 1:45 p.m.
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Bloc

Mario Simard Bloc Jonquière, QC

Madam Speaker, as my charming colleague from La Prairie said earlier, we will support the motion because we like to be constructive.

I completely agree with everything my colleague said. This is like a bad relationship, and I am wondering how we ended up here. I am not here to blame anyone, but I do want to talk about the attitude we are seeing from my Liberal and Conservative colleagues.

The Liberals may have made our Conservative colleagues angry by refusing to provide all of the information required to Parliament. This anger has been evident in recent weeks, and it does not contribute to a productive and harmonious atmosphere here. As we have seen today, our Conservative colleagues have been misusing our time here in the House.

Furthermore, Madam Speaker, you may have missed this, but while our Conservative colleagues were requesting votes on some matters of questionable relevance, the charming member for Beauport—Côte‑de‑Beaupré—Île d'Orléans—Charlevoix was singing Qu'il est difficile d'aimer. That about sums up the day we have had.

In the context of the pandemic, the government and the Conservative Party often tell us that we have to take a team Canada approach, even if being part of the team makes it hard to love them at times. I think my colleague's song choice was quite apt because they give us little reason to love them. It is complicated. In the past few weeks between the Conservatives systematically obstructing our work and the Liberals withholding information, it is hard to identify with team Canada.

However, there were some very interesting things on the legislative agenda that were important to me, such as Bill C‑12 on climate. The federal government announced a recovery plan that was meant to be green, but there is no clear direction. It talks about the electrification of transportation and makes an announcement, that I found distressing, on grey hydrogen, which is an oil-based product. I fail to see how that can be considered green. We would be better off with more robust environmental legislation. We are not sure if we will get to the end of the study on Bill C‑12 in parliamentary committee because we are running out of time.

The same goes for Bill C‑10, the culture bill. I know that, in Quebec, the divide between our position and the Conservatives' position on that issue is deep and wide. We believe we should support our cultural sector, but the Conservatives see Bill C‑10 as an attack on freedom of expression. That does not justify bringing Parliament to a standstill by raising points of order that can be a bit silly, in my opinion. We could have made a lot more progress on this bill.

There is also Bill C‑6, the conversion therapy bill, which has aroused what I consider to be the epitome of bad faith. I heard some things last week, some absolutely outrageous things, that made what is left of my hair stand on end. To draw a parallel between sexual orientation and therapies widely justified by certain pathologies is, in my humble opinion, a demonstration of bad faith.

In my introduction, I asked myself how we got to this point. I get the sense that some members of the Liberal Party and the Conservative Party cling very tightly to their ideology. Instead of placing public welfare and the public good above all else, they favour private and partisan interests, which is the worst possible thing in politics. As a result, we have hit the limit of what we can do in a hybrid Parliament. We have to acknowledge the fact that dealing with the pandemic is slowing us down too.

The interpreters do an outstanding job. They are essential for us francophones. Everyone knows that there are two official languages in Canada: English and translated English. Without the interpreters, we cannot participate in democratic life. When we do more work in Parliament, they are the ones who end up exhausted. I do not think we take that into account enough.

The interpreters do an excellent job in committee and in the House. Many members of the House sometimes do not use the right equipment. They are not aware of the impact that can have on people's health. This shows the limits of technology in the context of a virtual Parliament but also the appreciation—I do not want to use the word compassion—that we should have for these people.

We need to commend the interpreters. In fact, I would like to take a moment to thank them. They are essential for us. I would also like to thank the members of the technical team. Some of the older members of the House have trouble using new technologies. Finally, I would like to thank the committee clerks. This is not an easy situation since we are going to increase their hours of work. I get the impression that they already have a very heavy workload.

One of the government's responsibilities is also to ensure that the necessary human resources are in place and that they do not burn out. I think maybe the government needs to become a little more aware of that.

In closing, I am not trying to brag, but my party has showed that we were prepared to co-operate. The expression “team Canada” does not really reflect who we are, but we showed that we were prepared to co-operate. I am sure that, if everyone works together, we will be able to finish the work on the important bills, Bills C-12, C-10 and C-6, in the next week.

Alleged Breaches of Privilege Presented in the Second Report of the Standing Committee on Access to Information, Privacy and EthicsPrivilegeRoutine Proceedings

June 10th, 2021 / 1:40 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and Minister of Intergovernmental Affairs and to the Leader of the Government in the House of Commons

Madam Speaker, with regard to Bill C-10, it was encouraging to see the Bloc support the time allocation motion so we could get the bill out of the committee stage.

I want to reflect on what has taken place in the last two and half plus hours. I will put it in the perspective of how the Conservatives squander opportunities and filibuster. In two hours, 24 members of the House could have, and should have, had the opportunity to debate the budget legislation. That would have allowed four members to debate at length and others through questions and comments. That is 24 members in two hours.

Could the member from the Bloc indicate whether he and his party would have preferred to have listened to what we heard today or to have debated the budget?

Alleged Breaches of Privilege Presented in the Second Report of the Standing Committee on Access to Information, Privacy and EthicsPrivilegeRoutine Proceedings

June 10th, 2021 / 1:35 p.m.
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Bloc

Alain Therrien Bloc La Prairie, QC

Madam Speaker, I am very sorry. My hon. colleague from Jonquière is absolutely right. I mentioned it, but I used my inner voice. I was unable to speak because my lips were zipped. It happens sometimes and I am very sorry.

You are very kind, Madam Speaker, to give us a chance to share our time. You will not regret it because the member for Jonquière is a great orator. You will be impressed by what he has to say.

Now, for the matter at hand. That reduced the amount of time we would have liked to have in the House. Of course, we must understand that these are extraordinary circumstances. In addition to the pandemic, which is complicating the work that we do in the House and in committee because of limited resources, there is something else going on. I will give my colleagues the scoop. They will be impressed by what I know. We are in a minority Parliament. No one seems surprised to hear that, I see.

This means that an election can happen at any time. Some may expect, and I say so with due regard, that elections may perhaps be called in August, September or October. Over the weekend, the Prime Minister appeared on different television stations. It is as though the Liberals are getting ready. It is as though he had put on his running shoes. It may not mean that he is going to call an election, but it might be about that. Now, we are going to prepare for an election.

There are lots of irons in the fire. A lot of documents are on the table and they just need a little push to be passed. In some cases, it represents the fruit of almost one year's labour. Some bills have been waiting for a long time, and we must try to pass them so we can say that our efforts bore fruit. That is always rewarding.

The Liberals recently told us that they have priorities, including Bill C‑6, an act to amend the Criminal Code with regard to conversion therapy, Bill C‑10, an act to amend the Broadcasting Act and to make related and consequential amendments to other acts, Bill C‑12, Canadian net-zero emissions accountability act, Bill C‑19, an act to amend the Canada Elections Act with regard to the COVID‑19 response, and Bill C‑30, budget implementation act, 2021, no. 1. Those are the government's absolute priorities.

The Liberals also have two other priorities that they would like to refer to committee. I will not speak at length about them, but I am talking about Bills C‑21 and C‑22. We need to move these bills along.

For reasons it has already given, the Bloc Québécois absolutely wants Bill C‑10 to be passed by Parliament and the Senate, because that is what the cultural sector wants.

Madam Speaker, you know Quebec as well as anyone. You are the member for Brossard—Saint-Lambert, and there are surely artists in your riding who have called and asked you to help get this bill passed because Quebec's cultural vitality depends on it.

Quebec's culture is very important; it is the soul of a nation. This bill must be passed. Quebeckers are calling for it, the Quebec National Assembly has unanimously called for it, and my colleagues know that Quebec's cultural sector is waiting for this bill. We want to be able to accomplish this goal we have been working so hard on.

Unfortunately, we must face the fact that the Liberal Party is in power. I have been in Parliament for a year and a half. I was expecting to be impressed. I thought it would be impressive to see 338 members of Parliament capably and efficiently managing a huge country. As I watched the Liberals manage their legislative agenda I was disappointed on more than one occasion, and even very disappointed at times. They did not seem to want to get anything done. It never seemed as though they were taking things seriously.

For example, the Standing Committee on Procedure and House Affairs worked very hard on Bill C-19, an act to amend the Canada Elections Act regarding the COVID-19 response. We held 11 meetings and heard from 20 experts at all levels, and we finished drafting the report after the Liberals had introduced the bill.

If I were a sensitive guy, I might have thought I had done all that work for nothing. It might have hurt my feelings. Think of how much work went into coming up with solutions to help the government draft a smart bill. Instead, the government chose to introduce its bill before the committee had even completed its study, without even looking at what we had to say. To top it off, the government waited another three months to bring it up for debate, and that debate lasted just four hours.

Then it decided to move time allocation because the matter was suddenly so urgent despite the fact that the government spent just four hours on it over the course of five months, choosing instead to engage in three months' worth of obstruction at the Standing Committee on Procedure and House Affairs, which wanted to move the bill forward but was working on prorogation and had asked the Prime Minister to appear.

Once the obstruction was over, we asked if we could carry on with our work, but the government accused us of delaying the committee's work when it was actually the Liberals who stalled things. Once again, the Standing Committee on Procedure and House Affairs had to get to work on Bill C‑19 at the last minute.

That is how the government is managing its legislative agenda, and I could go on about that for hours. On Bill C‑10, the committee wanted the ministers to appear but the government stalled, forcing the committee to wait and obstructing the committee's work. When we were finally able to begin, we were like excited puppies waiting for visitors, but the government said we were too late. However, it is the government that has created the problem we are facing today. We are being squeezed like lemons, and the government thinks that if the committee members are not studying an issue, there is something wrong with them. This is what happens when the legislative agenda is not managed properly.

Nevertheless, the Bloc Québécois will support this motion because we want to move things forward for Quebec.

June 10th, 2021 / 1:05 p.m.
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Director General, Broadcasting, Copyright and Creative Marketplace Branch, Department of Canadian Heritage

Thomas Owen Ripley

The government's position is that the CRTC is bound by the charter. It needs to respect the charter, and its independent legal counsel will help it do that. If ever there is a question about its not having respected the charter, there are meaningful avenues of recourse available where individuals or organizations can have oversight from the federal court system.

As I indicated to Mr. Rayes, if the objective is to make sure that there's a way that third parties can put legal opinions on record, have them made public and have them considered by the CRTC, the government's position is that this is already able to happen under the framework in Bill C-10, as Mr. Olsen outlined. There is a process whereby anybody can make a submission to any kind of CRTC proceeding. Therefore, if there are individuals or organizations wanting to put on record a legal opinion that speaks to the issue of charter and have that be part of the public record, part of the proceedings that the CRTC must consider, then there is already a way for them to do that under Bill C-10.

June 10th, 2021 / 12:50 p.m.
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Senior Director, Marketplace and Legislative Policy, Department of Canadian Heritage

Drew Olsen

Thank you, Mr. Chair.

Thank you for the question, Mr. Waugh.

Those commercials you refer to are part of the licence renewal process. They are an obligation that the CRTC imposes on licencees to make public the notion that the licence is being renewed and that people can make comments on the conditions of licence.

The situation in Bill C-10 is that the proposal is to move away from a conditions of licence model and towards a conditions of service model. The clause that this committee is currently debating—clause 7 of the bill, which would include proposed section 9.1—does give the CRTC the powers to make orders with respect to conditions of service that would need to be put on. The CRTC would, under the sort of umbrella, or the chapeau if you like, of proposed section 9.1, have the ability to make requirements related to CRTC proceedings, such as advertisements of various CRTC proceedings, if it chose to.

That, of course, also depends on what this committee and this Parliament ultimately decide to do on whether conditions of service will have a seven-year maximum duration or whether those will be subject to different periods of review.

Bill C-10 does give the CRTC the power to require, at any time that significant conditions of service are being looked at by the commission, that messages be broadcast by licencees to that effect.

June 10th, 2021 / 12:45 p.m.
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Director General, Broadcasting, Copyright and Creative Marketplace Branch, Department of Canadian Heritage

Thomas Owen Ripley

Thank you, Mr. Waugh.

I might make a couple of introductory points and then suggest that my colleague Mr. Olsen jump in, who is very well versed in CRTC processes.

Bill C-10 certainly envisions a transparent process when it comes to questions of regulations or orders. The intention is certainly that anybody who wants to participate in those proceedings would have an opportunity to do so.

Mr. Chair, if you'll permit me, perhaps Mr. Olsen can just quickly jump in and explain how this would work in a typical CRTC process, the kinds of things that would be naturally published on the CRTC's website and the materials that would be made available.

June 10th, 2021 / 12:35 p.m.
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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

That's fine.

Throughout the consultations that we held during the consideration of the bill, we heard from many witnesses, but no one representing individuals who use social networks came to speak. We did not invite them because it was not part of the initial version of Bill C‑10. The bill took a different turn only afterwards, when we started looking at the amendments. So the people who felt aggrieved by the bill along the way have not had an opportunity to speak out on this.

Let me ask you my question. This will be my last question, because I want to give the floor to my colleagues on the committee who would like to speak to this amendment.

Could an ordinary citizen, who is not a representative of an organization, have access to this fund to participate in public hearings?

June 10th, 2021 / 12:30 p.m.
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Director General, Broadcasting, Copyright and Creative Marketplace Branch, Department of Canadian Heritage

Thomas Owen Ripley

Thank you for the question, Mr. Rayes.

I would like to clarify the government's position. The issue here is not whether the CRTC is complying with the charter. As I mentioned, the charter applies to the CRTC, and mechanisms are already in place for people if they feel that the CRTC is not complying with the charter. For example, they can challenge a CRTC decision in federal court.

To answer your question, I should say that Bill C‑10 does propose to add paragraph 11.1(1)(c) to the Broadcasting Act, which gives the CRTC the power to make regulations respecting:

c) supporting participation by persons, groups of 10 persons or organizations representing the public interest in proceedings before the Commission under this Act.

Once again, the bill includes measures to ensure the sustainability of funding for public interest groups by providing funding for those groups, as required.

June 10th, 2021 / 12:25 p.m.
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Liberal

The Chair Liberal Scott Simms

We'll continue with clause-by-clause consideration of BIll C-10. When we left off we left off with CPC-9.5. I have Mr. Rayes who was about to ask a question.

You have the floor, sir, go ahead.

June 10th, 2021 / 11:35 a.m.
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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Thank you, Mr. Chair.

After that fine introduction of Mr. Ripley, I would like to thank him and all the other department officials who have been with us at each meeting. Even when we don't necessarily agree with their position, they provide sound information and guidance that helps us do the best possible job we can, given our respective knowledge and expertise. I want to thank them. I join you, Mr. Chair, in recognizing the contribution of Mr. Ripley and all the other department officials.

I have a question for Mr. Ripley. One of his previous comments might suggest that my amendment is unnecessary, but as the saying goes, you cannot be too careful.

Bill C‑10 gives rise to questions about freedom of expression. Some think that we are going too far or, at least, that freedom of expression is not really at risk, whereas others believe that the bill is flawed when it comes to freedom of expression. People have said that the CRTC will not use all of the powers it has been granted under the bill, but a number of experts worry that it might.

Why not impose certain obligations on the CRTC from the outset? Once the bill is a done deal, the politicians in power will say the same thing. They will say that the CRTC is an arm's-length organization that makes its own decisions. That's what happens whenever questions on the subject arise. That was the case recently when big and small telecoms imposed user fees for their services. The argument will be that the government no longer has the power to do anything once the CRTC has made a decision, because the CRTC supposedly operates at arm's length.

We experienced the same thing here, on the committee. The committee is supposed to be independent, but the government was able to interfere with the committee's work when it wanted to.

That makes me wonder whether my amendment has anything wrong with it, anything that might be detrimental. I may be asking for more protection than necessary, but in this case, it seems warranted. Once the bill comes into force, the CRTC will have nine months to do its homework and come up with a definition. After that, we will no longer be able to influence the guidelines it adopts or the manner in which it applies them.

My first question for you is this. Is there anything counterproductive in my amendment? Does it run counter to good old common sense? It may be overly protective, but if so, good. It puts additional safeguards in place to ensure freedom of expression is protected in every CRTC decision regulating the new space that is the digital world. Lobby groups and university teachers interested in freedom of expression can assuage our concerns by examining every CRTC decision or amendment, since it will be published on the commission's website and in the Canada Gazette.

June 10th, 2021 / 11:30 a.m.
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Director General, Broadcasting, Copyright and Creative Marketplace Branch, Department of Canadian Heritage

Thomas Owen Ripley

Thank you for that question.

There are a couple of things. One would be just to stress off the top—and again, this perhaps picks up on some of the committee's debate from yesterday—that the effect of proposed section 2.1 would mean that any individual who is unaffiliated with a social media company, no matter how big their following is or how much money they make, is not to be considered a broadcaster for the purpose of the act.

Again, even if you have millions and millions of followers, that provision means it's not a question of your being considered a broadcaster. Again, for the most part, individuals will not be participating in CRTC proceedings because the act will not apply to their activities on social media services, for example.

What we see in this space, Mr. Aitchison, is that you have individuals or organizations coming to the table to represent the public interest that may not be sophisticated corporations able to hire legal teams to represent them. A good example in this space is an organization called the Public Interest Advocacy Centre, which raises many of these issues on behalf of organizations or individuals.

One of the things the government is proposing in Bill C-10 is to actually ensure there is better support for public interest representation in CRTC proceedings. Right now, the CRTC really has no formal mechanism to ensure the activities of these organizations can be funded.

If you look at Bill C-10, the CRTC can seek contributions to support the participation of public interest organizations in CRTC proceedings. The government is doing that very intentionally, recognizing that, obviously, organizations and voices are needed at the table. The goal in that is to secure more long-term, sustainable support for those organizations so that they remain viable and can continue to bring those issues to the table and to CRTC proceedings.

June 10th, 2021 / 11:15 a.m.
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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Thank you, Mr. Chair.

With amendment CPC‑9.5, I am proposing that Bill C-10, in clause 7, be amended by adding after line 19 on page 8 the following:

9.2 (1) The Commission shall, for each regulation or order made, or condition imposed, under this Act in relation to an online undertaking, obtain an independent legal opinion as to whether any of the provisions of the regulation, order or condition are inconsistent with the protections provided to Canadians by the Canadian Charter of Rights and Freedoms, particularly those relating to freedom of speech under paragraph 2(b).

(2) The Commission shall publish the independent legal opinion on its website within 10 days after obtaining it and shall cause it to be published in the Canada Gazette.

I want to make clear that subsection 9.2(1), as proposed in the amendment, applies to online undertakings.

I'll explain the rationale behind the amendment.

Actually, before I do that, I want to thank everyone for adopting amendment CPC‑9.3, which the committee debated yesterday and voted on at the beginning of today's meeting. I had forgotten to thank my fellow members for their support.

Amendment CPC‑9.5 isn't very complicated, so everyone should find it quite straightforward. In light of all the concerns raised vis-à-vis the Canadian Charter of Rights and Freedoms, the amendment would require the CRTC to publish an independent legal opinion relating to the charter when it makes a decision or a new regulation regarding online content. The idea is simply to ensure that the rights guaranteed by the charter are protected.

Under the proposed procedure, the opinion would be published on the CRTC's website and in the Canada Gazette, to let all partners, traditional digital broadcasters and Canadians know that the regulation in question was consistent with the charter.

By adopting amendment CPC‑9.5, the legislator, the Parliament of Canada, would be ensuring that the freedom of speech of all Canadians was protected. We know that freedom of speech is at issue and that the bill will most likely be challenged by lawyers, lobby groups and special interest groups. We sense that many university teachers and lawyers have doubts about the work we are doing and the direction in which the bill is going. Accordingly, this amendment gives us another opportunity to ever so slightly improve the iteration of the bill currently before us.

Thank you, Mr. Chair.

June 10th, 2021 / 11:10 a.m.
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Liberal

The Chair Liberal Scott Simms

Welcome back, everybody. Welcome to clause-by-clause consideration of Bill C-10.

We are in the middle now of a five-hour debate, as was voted on by the House. We have just over two hours left, and we're going to jump right into that.

(On clause 7)

We left off with Conservative amendment 9.3. Just so you are aware, you did not get CPC-9.3 in your original package. The last three digits in your reference number are 641. That takes care of the hymn book.

Last time, Mr. Genuis had the floor. He is not here with us now, but I don't see anyone who wishes to speak to CPC-9.3. We will proceed to a vote.

(Amendment agreed to [See Minutes of Proceedings])

This is a viciously efficient start we have going here. I'm just saying that for the record. Since I'm on record for many other things, I might as well be on it for that too.

There was a CPC-9.4, but as you know, that falls later. No, I'm sorry, that's not right. We're going to CPC-9.5. Is that right? I'm going to check with the legislative clerk for just a moment.

Go ahead, Mr. Méla.

June 9th, 2021 / 8:35 p.m.
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Director General, Broadcasting, Copyright and Creative Marketplace Branch, Department of Canadian Heritage

Thomas Owen Ripley

Thank you, Mr. Chair. I never want to presume.

When you look at online services like Spotify, the reality is that you do see less Canadian, francophone artists, for example, surface in search results. Indeed, the reason that discoverability powers were included in Bill C-10 from the get-go was to recognize that if we want to make sure that our Canadian artists and creators are being surfaced on these platforms, the CRTC needs the tools to do that.

To your point, we expect that the impacted social media service or the impacted online undertaking would obviously still have control over how they did that, in a way that would continue to jive with their business model.

June 9th, 2021 / 8:15 p.m.
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Director General, Broadcasting, Copyright and Creative Marketplace Branch, Department of Canadian Heritage

Thomas Owen Ripley

As the committee is aware, Bill C-10 as tabled includes a definition of “programming control”. That term is used in a few places in Bill C-10. You will see a couple of references to it throughout the policy objectives section. With respect to regulatory powers, you will see it referenced in one place, in proposed paragraph 10(1)(c), with a discussion of programming standards.

The definition was included in Bill C-10 to recognize the fact that there are different business models out there. For some of those business models you have the distribution of content, but the entity distributing that content isn't exercising any control over the selection of those programs. Perhaps one of the most simple examples to understand is that in a conventional system, you have cable and satellite companies that transmit the TV channels of others. The TV channel exercises control over the programming that's included on their channel, but Rogers Cable or Bell or Vidéotron do not. This definition was included to make the distinction, again, between those business models where a company does and does not have control. This was intended to be a determination in fact that would be made about any given situation.

The amendment proposed by Mr. Rayes would essentially have the committee clarifying or making it “deemed”—I think that's the word used in Mr. Rayes' amendment—that in terms of content that is uploaded to social media services by unaffiliated users, that social media service is deemed not to have programming control over it.

With respect to the regulatory powers of the CRTC, it would only be a question of whether or not proposed paragraph 10(1)(c) would apply to social media companies. I know we haven't gotten there yet, but to my recollection from a few committee meetings ago, government members did indicate that the intention is to limit those powers as well and their application to social media services. That would be the point at which this amendment would come into play. It's not really directly relevant to proposed subsection 2(2.1).

Thank you, Mr. Chair.

June 9th, 2021 / 8:10 p.m.
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Liberal

The Chair Liberal Scott Simms

That is not a point of order. It is a very good point of generosity, but I'm afraid I'll have to rule it out of order.

Now we're all on a culinary track, so let's move off it for a moment and go back to Bill C-10.

Before I go any further, I see Ms. Dabrusin and Mr. Genuis. However, I think, Mr. Genuis, I referred to you earlier, so I'm going to put you first. Then I'll have Ms. Dabrusin follow.

Go ahead, Mr. Genuis.

June 9th, 2021 / 7:45 p.m.
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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Chair, thank you for allowing me to introduce amendment CPC‑9.3.

I apologize for earlier. In addition to voting, I made a gesture. As you all know, the lights in the committee room are automatic. Our meeting is long, the lights went out suddenly, and I am slightly claustrophobic.

Having said that, I'd like to introduce amendment CPC‑9.3 right away. It proposes that Bill C‑10, in clause 7, be amended by adding after line 19 on page 8 the following:

9.2 An online undertaking that provides a social media service is deemed not to exercise programming control over programs uploaded by any user of the social media service who is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them.

We are therefore proposing to add a new section to the Broadcasting Act.

I'd like to exercise my right to explain this amendment, as we may not all have had a chance to chat about it. It is quite consistent with what we are trying to do, which is to improve the bill as a result of the withdrawal of section 4.1 originally proposed in the bill, and the refusal to reinstate similar provisions through our amendment CPC‑9.1.

Earlier, the conversation was about protecting users or small players on social networks who are not part of the so‑called closed broadcasting system. The original intent of this bill was to regulate broadcasting companies like Netflix and Disney+. However, as we all know, it has taken a completely different turn since the beginning of the debate. So we see a loophole there.

According to the definition proposed in the bill, “programming control” means control over the selection of programs for transmission, but does not include control over the selection of programming services for retransmission. We believe that the CRTC should not consider that social media sites must exercise programming control over the content that users upload. The CRTC would be over‑regulating, which would make it extremely difficult for those users. It would increase the bureaucracy and cause some stress to those people who use social networks in a completely free way.

Not everyone sees this, but again, there is a real difference compared to a broadcaster in the so‑called closed system. Everyone has used Netflix before. When you log on to Netflix, you see the programming. In terms of discoverability, we can assume that it must be quite simple to access so‑called Canadian programming, or more specifically, French‑language or Quebec programs among all the programs that are offered.

When we think of Netflix, we think of a program in a specific setting. I'm thinking of the French series Lupin, whose second season we're all waiting for, which will be released on June 11. It will be in the programming, it's settled, it's clear to everyone. The programming can't change at any time. When one season is over, we wait for the release of the second season, which takes some time to be produced. All the better if it's done with artists from our country, whether they are Quebeckers, Canadians, francophones, anglophones, indigenous or anyone else.

Then we have the broadcasters of the so‑called open system, which includes social networks in some cases. It can involve everyone. I'm not a company like Netflix, but I can post things on social media. My colleague Mr. Poilievre, who spoke earlier, has many more followers than I do. I'm sure he doesn't want a federal agency to have a say in what he wants to post.

In a recent decision, a judge brought the CBC to heel over its criticism of the Conservative Party for posting a video with excerpts from public broadcasts. The last thing we want is for users, whether they are politicians, the public or artists, to be regulated in this way.

The purpose of the amendment is to remove the notion that social media sites have control over programming. The approach we are proposing today, in practical terms, is in line with that of the European Union in its Audiovisual Media Services Directive. It's important to say that we are not reinventing the wheel. This would allow us to conform to the international practices of countries that are trying to find a fair and equitable way to include social networks. What I am proposing in amendment CPC‑9.3 is nothing out of the ordinary. It is perfectly aligned with current practices in the European Union.

The European Union uses the concept of editorial responsibility, which roughly corresponds to our concept of programming control, to differentiate services like YouTube from other players in the so‑called closed broadcasting system and platforms like Netflix or Disney+. The European Union makes a distinction in this regard, which the current Liberal government and Minister Guilbeault do not. Perhaps that's why he has been so confused in the various interviews he has given. Not only the Conservatives and the opposition parties, but all Canadians, experts and political analysts could see his failure to understand the issue, which is extremely complex. This is something new; it didn't exist 30 or 40 years ago. With our proposal, we are trying to strike the right balance, or at least improve the bill as introduced.

So I was saying that the idea is to differentiate services like YouTube from other players in the so‑called closed broadcasting system and other platforms.

According to the European Union directive, editorial responsibility for programming means exercising effective control over both the selection of programs and how they are organized, chronologically, for example.

As I explained earlier, on Netflix, there is a set schedule. There is no to‑ing and fro‑ing programming, no algorithms that mean that all the content can change in real time. That simply makes it impossible to apply measures to control discoverability without penalizing certain artists and certain Canadians and Quebeckers who use social networks to make their voices heard.

We are therefore talking about control over the way television programs are scheduled or, in the case of on‑demand audiovisual media, listed. It is a way of providing service.

We believe it is necessary to make a distinction to include video sharing services.

The European Union has expressly recognized that a video sharing platform that uses algorithms and automatic means to organize content does not necessarily have editorial responsibility for it. This is extremely important. I want everyone to understand what I'm saying. It is not we who are saying this, it is the European Union. If these platforms do not have editorial responsibility for the content, how can they be forced to ensure discoverability?

It is important to note that some 500 hours of video are uploaded on YouTube every minute worldwide. I repeat: on YouTube, 500 hours of videos are uploaded every minute. We often use YouTube as an example because it is one of the biggest players, but there are all the other platforms that we can't name. We, as politicians, officials and the like, are sometimes in a bubble and we don't even know all the other platforms that young people are using right now, or all the ones that will be created in the future and used by the generations that will follow us. Technology is changing so fast. Five years ago, nobody knew about TikTok. Today, even politicians are pressured to use that platform and post videos of themselves dancing or singing on it. Some people do it; personally, I'm not there yet.

The YouTube model presents videos to users based on their search criteria. YouTube doesn't decide what content to suggest, the user requests do. If I want to see Canadian content or a Canadian artist, if I want to listen to a Céline Dion song and send it to someone afterwards, I do my own search. If I want to see Canadian content, I'll type “Canadian singer” into Google and, believe me, the answer will come up. People know how to program keywords to be discovered. We don't need to ask YouTube to do it for us. We are all capable of doing it. I can do it, the members of this committee can do it, everyone can do it.

People will make their own requests according to their preferences. In some cases, YouTube will recommend content based on users' search histories or the content that they have already listened to, among other things.

I personally subscribe to Spotify. I always have five lists available to me based on the type of music that I listen to. When I'm tired of listening to the playlist that my children prepared for me, because I'm unable to create one myself, I can choose another one from the five suggested to me. The suggested content varies. This gives me the chance to listen to something new.

Given the type of music that I listen to, especially music from Quebec, I discovered a young up‑and‑coming artist. You may not believe me, but he's the son of one of my wife's best friends. This friend lives a three‑hour drive from us. Coincidentally, Spotify introduced me to this young artist through my playlist, when I didn't even know that he was on the platform. I was very proud to call and tell him that Spotify introduced me to him and that my children were listening to him through my playlists, and so on. He's a young artist making his mark. His music is now being heard by people all over the French‑speaking world, not just in Quebec and Canada. You can imagine the boost that this can give to his budding career.

A social media outlet with an almost infinite supply of content can't be treated in the same manner as a platform that orders and acquires specific content, such as Netflix. It's impossible, even utopian, to imagine that, through Bill C‑10, we can ask the CRTC to manage players in the closed broadcasting system, platforms such as Netflix and Disney+, and social networks in the same way.

The CRTC hasn't even been able to establish clear rules between the big and small players in telecommunications with regard to competitive rates. We all know that. We're currently talking about this matter in the House of Commons. The CRTC found it too complex to strike a balance between the big players and the small companies, which drive down prices for all consumers.

We're now asking them to find a way to play within the algorithms of platforms where 500 hours of videos are uploaded every minute.

It makes sense to impose standards and obligations on the content controllers when the content is ordered and the controls can be implemented effectively. I want to say that to the people who are tuning in.

We can't consider that services with search engine‑like functions, which help users find content, contain organized content. This simply isn't possible. We can't consider that they selected content for their users either.

The European Union has acknowledged this difference in nature between open and closed platforms. How can the European Union understand this, but not the Liberal government and its minister? I can't believe it when I see this.

If we were to move forward, if Canada were to apply the same broadcasting standards and obligations to user‑generated content, whether we're talking about an open platform such as YouTube or a platform such as Disney+, we would be the only country in the world to do so. I repeat: we would be the only country in the world to do so.

After hearing the explanations provided by the minister in his various interviews, it worries me that we're the only country in the world to implement these types of regulations, especially when we don't have a good understanding of the technical details being discussed. We aren't experts. The experts came to talk to us about the topic.

I didn't speak extensively about freedom of expression or discoverability. I discussed a situation that's currently an issue. We must find a way to improve this flawed bill, despite the fact that a gag order has been imposed on us. In any case, the Liberals can do as they please, with the help of the Bloc Québécois and the NDP. The NDP expressed outrage and said that imposing the gag order made no sense. However, they took part in the discussions to sneak in today's meeting, which we were called to without notice.

Yet, when the bill arrives in the Senate, do you think that the senators won't try to address the flaws? They're smart as well. Moreover, we won't even have finished dealing with all the amendments before us. Senators certainly won't want to vote without having done the thorough work or without having studied all these amendments.

We have a week and a half left before the House of Commons draws to a close. We already know that the Liberal government is recruiting for the election that should be called as soon as the summer break is over. In other words, the cart is being put before the horse. There will inevitably be a hurdle when the bill reaches the Senate. Even if, through various tactics, the Liberals manage to speed up the process, there will be a challenge.

Some people may think that, with the passage of this bill, we can provide support for Canada's cultural infrastructure starting tomorrow morning. The minister is trying to make everyone believe that we're currently losing $70 million each month that could be reinvested in culture. In any case, when it comes to releasing funds, the Liberals have no problem. They print money. For them, money grows on trees. If there's an emergency and support is needed, they have no issue finding money. They come up with indirect ways to do so.

Today, through amendment CPC‑9.3, I'm proposing another attempt. Earlier, amendment CPC‑9.2 was rejected. Yet we proposed thresholds that were below those of Australia, supposedly the current model in this area. I chose lower thresholds, thinking that perhaps I would convince my colleagues in the Bloc Québécois, the NDP and the Liberal Party that basic guidelines were absolutely necessary and that we couldn't leave this completely in the hands of the CRTC without drawing any lines. We saw what happened in the case of French‑language content.

I'm thinking of my colleague, Martin Champoux. He knows how much I appreciate him.

By the way, Mr. Champoux, I have some muffins for you in my car. I thought that I would be seeing you. However, since I'm leaving after the meeting to pick up my daughter in Montreal, I won't be able to give them to you today. That said, I hope to see you again before June 23.

I can't understand why the Bloc Québécois would agree to give more powers to a Canadian organization that has difficulty managing these things, even though they wanted to prioritize francophone and Quebec culture. The current situation is completely illogical.

We're told to support the content. We'll do so. We want the legislation to apply to digital broadcasters in a fair manner, compared to traditional broadcasters. However, we're now in a completely different realm, since we're talking about all social media.

The open letters floating around are calling for the sharing of advertising revenue as a way to help our print media. This bill doesn't provide any support measures. There's a reason why all these publishers are saying loud and clear that the government hasn't done anything. It hasn't done anything in this bill to regulate the role of CBC/Radio‑Canada. It hasn't done anything for the writers, who are saying that nothing has been done for them.

Former commissioners and senior CRTC officials now represent several groups, including Timothy Denton, Konrad von Finckenstein, Peter Menzies, Michel Morin and Philip Palmer, who was legal counsel at the Department of Justice and, I believe, general counsel at the Department of Communications. All these people, who know the structure of the CRTC because they worked there, are saying that this must be stopped, that it simply doesn't make sense.

This is on top of the comments made by all the law professors. It isn't just Michael Geist. Many others have stood up. These people know that this bill, if passed, will be challenged immediately.

At this point, we can't play our role as legislators to help the cultural community at all. A gag order has been imposed on parliamentarians who are trying to correct and improve the current bill.

I'll stop here for now. I may have more comments to make later, since I'm sure that some people will be asking officials about the potential impact of our proposals.

I just want to remind people that, when considering this bill, they should take into account the difference between digital media or broadcasters that generate content within a defined structure, and social networks, which are platforms that generate so‑called open content. These are two completely different things. Netflix can't be treated the same as a social network. People can't upload content to Netflix, but they can upload content to YouTube. This platform can serve as a launch pad for artists to promote themselves to other users around the world. Afterwards, the Netflixes of the world or traditional broadcasters can raise the profile of these artists through documentaries or new shows. All this helps to increase the number of success stories and the discoverability of our Quebec, Canadian, francophone, anglophone and indigenous artists, or our artists of any origin.

I hope that you'll consider my recommendation through amendment CPC‑9.3.

Thank you, Mr. Chair.

June 9th, 2021 / 7:30 p.m.
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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Thank you, Mr. Chair. I welcome everyone to committee here once again.

I want to thank the member for Carleton and the member for Calgary Nose Hill, because both of them have huge followings on Facebook. This is the concern that we have at committee. When you get to 500,000-plus subscribers, the government or the CRTC will start looking into your activities.

We got rushed into this committee meeting today. I think the chair duly noted his disappointment with that here today, because we were scheduled for Friday morning. Now I see that we're also going to meet tomorrow morning, Thursday morning, from 11 a.m. until 1 p.m. We're rushing through this bill, as we all know. It is flawed, and this has been talked about for quite some time.

This amendment by Mr. Rayes I've talked to before, and I like it—no “fewer than 500,000 subscribers in Canada or receive less than $80 million per year in advertising”. We have used those numbers because they equal what they have in Australia more or less. When Mr. Rayes brought forward this amendment, this was well thought out. We had some information from Australia that he certainly followed.

That's why we put forward this amendment. It's a very good one.

I'm going to read its second proposed subsection:

(2) Every two years after the day on which subsection (1) comes into force, the Commission must, with the approval of the Governor in Council, review the subscriber and revenue thresholds and may make regulations to increase them as required.

We even talked about this earlier, Mr. Chair, because the commission might want to decrease them as required, per the regulations on the CRTC's part.

I think the member from Carleton brought up a very good point. We had not heard a lot from the CRTC until the chair was here. We all know this bill will have major ramifications for the CRTC's workload. You will have listened to me for months about the concern I have about the CRTC. I understand, with the recent changes on licensing, that some want the seven-year licences because they will keep everyone in check. Others don't because, to be quite honest, when and if this bill does get passed, we will put strenuous time restraints on the CRTC, the chair, Ian Scott, along with members. We all know, sitting around this table, that we're concerned about the CRTC's involvement with this bill.

I've seen it as a conventional broadcaster. I've seen it for four decades, where they hand off the licence, then don't return for another six and a half years, when the conventional broadcasters in this country have violated their agreement with the CRTC almost the first week into the seven-year contract. If you're going to give conventional broadcasters the white flag and say we're going to do away with the seven-year contract on a licence, that opens up another can of worms. I think, in this country, we all have concerns about this.

The National Post has a big base in this country. It was interesting that on the front page of the National Post today—and the Windsor Star, the Saskatoon Star Phoenix, all the newspapers that the Post owns in this country—they have a message to the Prime Minister. There are not as many Canadians today subscribing to our newspapers as they did in the past. We all know that story, but it was an interesting read by the publisher of the National Post, the owners, signalling that their business is in trouble. They are worried about Google and Facebook like the rest of us are.

I really question the timing of the front page article today in the National Post. Knowing that we have less than five hours to go through Bill C-10, as a former broadcaster, I really do question why today? Why June 9? You have a full-page editorial in all the newspapers that the National Post owns in this country—many of them—to give a signal to the Prime Minister to deal with Facebook, with Google and all the other social media.

It was strange timing. I am reading between the lines on it. They have had their hands out, as we know. They are part of the $600 million already guaranteed to many in this country for the newspaper industry, which the Liberals have given many owners of newspapers. Yet today, Wednesday, June 9, two days before we're going to shut down debate and the gag order on Bill C-10, here we have a full-page editorial in every newspaper owned by the National Post in this country.

I agree with the amendment. It was interesting today...and I'm glad that the members for Calgary Nose Hill and Carleton were on, because they are going to be targeted. They will easily have 500,000 subscribers. They will easily be in line with the CRTC's—they will be flagged. They may not have the $80 million per year in advertising, but they will have millions of followers on Facebook. To me, they are going to be flagged.

Mr. Chair, I really appreciate both the members coming forward this late in committee, because they are concerned. They are concerned about free speech—their free speech—as we don't really know what is going to happen after this bill.

How involved will the CRTC be? I think they're going to be heavily involved in social media, more so than conventional TV, conventional radio, which we really even haven't talked about a lot in Bill C-10. I've had many radio owners in this country who are concerned because this bill got off the rails. We were trying to save radio and television stations in the country, and then, thanks to proposed section 4.1, we got derailed into the social media. In talking to many radio and TV owners, I know they're concerned that this bill does nothing for them and does everything for social media.

Now the CRTC is directing all of their attention towards Google, Facebook and so on—Netflix, Disney and the rest of them. They are very concerned that going forward, if this bill does pass before we rise, and also in the Senate, that their concerns.... Their concerns have been talked about long ago. We all had lobbyists knocking on our door when we came back in the fall and we started this Bill C-10. It seems like a long time ago that we opened the doors to radio stations across this country, conventional networks, left and right. To me, they've been forgotten now.

We barely remember who came to committee on their behalf with their concerns, as we've been absorbed by the free speech debate we are having as a result of Bill C-10.

Proposed subsection 9.2(3) of the amendment is interesting, because it says:

The Minister must prepare a report on the Commission's review under subsection (2) and submit the report to the standing committee of each House of Parliament that normally considers matters relating to broadcasting.

In conclusion, Mr. Chair, I want to to thank you for your words when we reconvened today, on a Wednesday instead of Friday. Your comments we're well observed from coast to coast, as I'm seeing from social media. I, too, was surprised that we got called back early for this. I think we all agreed that we were going to do the five hours, which would have been two on Friday, two on Monday and maybe one more next week, and we knew that we could have extended meetings.

Having said that, I like this amendment. I like what Mr. Rayes has brought forward in proposed section 9.2, subsections (1), (2) and (3).

As we move forward on this, let's not forget the conventional television stations, the networks. My fear with this bill, if it does pass, is that we're going to see more carnage in that business, television and radio.

We've seen enough in the last year or two, but my fear now is that we have forgotten about those that we were to deal with first of all in this bill. The carnage with layoffs could be tremendous in the fall once this bill does pass.

Thank you very much, Mr. Chair.

June 9th, 2021 / 7:15 p.m.
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Conservative

Pierre Poilievre Conservative Carleton, ON

Orwell said, Mr. Chair, that if freedom of speech means anything at all, it means the right to tell people what they do not want to hear. Obviously, government members on this committee do not want to hear what I have to say, but I still have the right to say it. Regulators do not want to hear what Canadians have to say. They still have the right to say it.

If we have to stand alone as Conservatives in this fight for freedom of expression, so we will do. We will stand for the right of people to say what they like and express themselves freely without interference and coercion by the state. That is why we're here with such contention today. It's why we have fought so hard on the floor of the House of Commons and why we have committed, very proudly, to be the only party that will repeal Bill C-10 and restore free speech online for all Canadians.

Numerous senior ministers, including the Prime Minister, have said they see COVID as an opportunity for them to expand the power and scope of the state—to make people like them more powerful. That is why they have attempted to take over large parts of the economy, massively increase government spending, limit freedom of choice for parents in how they raise their kids, and now censor what people say online.

If members of the government think we're going to sit by and allow that to happen, then they've ignored 800 years of parliamentary history, where commoners have routinely stood up to defend their freedom through the system of Parliament that we have inherited through so many generations.

I am not surprised to hear that the Liberals want the federal government to have more power and that federal officials should control people's speech. However, I am surprised to learn that the Bloc Québécois, which claims to want to separate itself from Canada, and therefore from the authority of the Canadian state, is supporting a bill giving federal officials the power to control the speech and words of Quebeckers. The Bloc Québécois should be called the centralizing Bloc, since it now wants to give the federal government in Ottawa the power to control what Quebeckers say. How is this consistent with the independence of the Quebec nation?

We, the Conservatives, are the only party standing up for the freedom of expression of Quebeckers. Apparently, we are the only party that understands that people's speech, people's words are not under federal or provincial jurisdiction, but under individual jurisdiction. Everyone has the freedom to express themselves without interference from the state. We believe that all Quebeckers should be able to decide what to say, when to say it and how to say it.

I am shocked that a sovereignist party would give the Canadian state the power to control the way Quebeckers express themselves. It is ironic. Most Quebeckers would be really surprised to hear that this party, supposedly the Bloc Québécois, is in favour of giving the federal government much more power on this issue.

We, the Conservatives, are proud to defend the autonomy of Quebeckers. Everyone is free to say what they want and to choose how they express themselves on the Internet and elsewhere. Although the Conservatives seem to be the only ones willing to protect these freedoms, I am proud that we do. At the same time, I must admit that it is disappointing and surprising that no other party is willing to do the same.

From what I can see, the Bloc Québécois and the Liberals are listening to the lobbyists, the officials and the politicians in Ottawa, who simply want to protect their interests by excluding people and controlling content. The Liberals and the Bloc are attacking Quebec artists. Those artists will have the opportunity to choose the only party that supports freedom of expression, the Conservative Party.

Such is the nature of the debate we are having. However, there is still time. The Bloc Québécois may still have the opportunity to see that Quebeckers do not want the federal government to decide for them, and to understand that everyone, including Quebeckers, must have the freedom to express themselves.

That's really the choice. All of the other parties want to give more power to bureaucrats, lobbyists and politicians, and one party wants to give power back to the people. That's the Conservative Party. We're standing up all by ourselves to defend the principle that people should be able to express themselves even if the government and the political establishment close to the government disagree. Quite frankly, I'm proud that we're taking this principled stand, that we are speaking our mind and defending the millions of Canadians who are going to be voiceless if this bill passes.

What we've seen from the other parties is a desire to massively increase the power of the state at the expense of the people. When the state becomes more powerful, the people become weaker and smaller. That, of course, is the goal, the purpose of this bill and so many other power grabs that we have witnessed over the last year.

Remember, when this pandemic began, the first thing the Prime Minister did was try to pass a law empowering him to raise any tax to any level for any reason, without even holding a vote, for two years. He wanted to have that power locked in until the year 2022, the ability to just raise any tax with an executive order. That has never been done in our parliamentary system. The basic principle of no taxation without representation means that the government can't tax what Parliament doesn't approve. He tried to take that power away and impose higher taxes on the Canadian people.

Instead, we fought back, and to the credit of the Canadian people who joined us in the backlash, he backed down. We hope that he will back down again before this censorship bill becomes law. As you all know, there has been a massive outcry against this bill. You've heard it. Your leader has heard it. Unfortunately, here's the problem: Instead of recognizing the opposition, this Prime Minister has been threatened by it. He said the last thing we need is more dissent and debate in this country, because then people won't agree with him. Therefore, he needs to pass a law to shut them down, silence their voices and prevent them from speaking up in the future. That is exactly what this bill does.

The bill needs to be repealed in its entirety, every single word of it. Not only that, it's interesting that my original suspicions about this bill were fulfilled. I said on the floor of the House of Commons last year, before the bill got much notice, that it would lead to Internet censorship. However, the government had put in a proposed section saying that user-generated content would be excluded, user-generated content being the material that everyday Canadians post online. They were able to use that as a fig leaf to cover up their true censorship intentions, but then the fig leaf dropped about a month and a half ago when the government, with the backing of other opposition parties, removed that one protection that was supposed to let everyday Canadians continue to post what they wanted online.

They just eliminated that altogether, even though the department's own charter analysis had shown that the bill relied on that protection in order to keep the bill constitutionally viable. They said, “Don't worry, this bill won't touch freedom of speech—it's got this one key exclusion.” Then they took that exclusion out, and here we are with a bill that will control online content and allow government to dictate what people see and say online.

We're going to continue to fight this bill right through all the stages in our efforts to defeat it. I think the Prime Minister is in a mad rush to get it through so that he can have it in place and locked in before the next election. Perhaps he thinks that some of the censorship elements in the bill will help him to win the election, will help suppress criticism of him while he's on the campaign trail so that nobody can expose the corruption of his government, the mismanagement of the pandemic and his horrendous failures at the early stages of the outbreak. All of these things can be suppressed by preventing what people say online.

Then we'll be stuck, of course, with the model of a very small group of liberals in the press gallery dictating the narrative and campaigning for the Prime Minister, without Canadians having the release valve to speak out and spread information and thoughts of their own online. That is, I think, the model that the Prime Minister feels most comfortable with: where you have 30 or 40 liberal press gallery types who go around spreading his message and attacking his enemies and no one is allowed to speak up to the contrary because there's a government regulation to prevent their voices being heard.

I think a lot of liberals have been bewildered by this new social media environment that they can't control. For so long, of course, they had such an iron grip on the discourse, when a small oligopoly of media enterprises could dominate political press coverage. In that environment, liberals thrive, because a small group of elites tells everyone else what to think, and those who dissent are left in the wilderness. They want to bring back that model—a model that is threatened by open free speech and the free expression and circulation of ideas.

You can't maintain a small oligopoly of media voices when everyday people are able to compete in a free market. Trudeau needs to abolish the free market of ideas and bring back a small group of media sycophants and give them the exclusive ability to dominate the discourse. Then, when he gets back to that position, no one will be able to contradict him or the overall party line.

Rest assured that we as Conservatives will fight back against this, and in the end, we will win. We will win this debate. We will overturn this bill. Whether we do it before the election or after, this bill will be defeated and freedom of speech will be restored.

Thank you very much, Mr. Chair.

June 9th, 2021 / 6:45 p.m.
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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Thank you, Mr. chair.

It won't take that long. I don't think there are any more questions on the amendment I proposed, but I want to take one last little moment to remind all members of the committee that the ultimate goal is to set guidelines. We believe that the powers of the CRTC must be circumscribed. We all know how frustrating the deletion of clause 4.1 originally proposed in Bill C-10 as well as the changes made to that bill throughout the process have been.

I invite the committee to consider this request, which I repeat is quite reasonable, in my opinion. The thresholds we're proposing are below those recommended by Australia. They would provide a minimum level of protection for users and small players on social networks, so that they're not controlled and aren't subjected to additional regulations and paperwork. These people are asking for nothing more than the freedom to express their art, and not just at home but around the world.

I think that, as Quebeckers and as Canadians, we're proud to see artists succeed outside the country. In Quebec, we have Cirque du Soleil, which everyone knows and which has performed all over the world. If it had been restricted to Canada because other countries had prevented it from performing on their territory, I'm not sure it would have had the opportunity to enjoy the success it has.

The idea is not to close in on ourselves. We must instead show that we are proud and strong, and that there is talent here. We should be proud to see our home‑grown talent exported around the world and let everyone's creativity shine on social networks.

The game has changed. Digital players like Netflix and Disney+ have joined the so‑called closed broadcasting system. There is also the open system, where broadcasters use certain algorithms and let users choose the content they want to download.

As legislators, we have a responsibility to protect users and the content they broadcast. The proposed amendment to add section 9.2 to the Broadcasting Act does not amend Bill C‑10 perfectly, I agree. Personally, I would have liked there to be no standard. At least this amendment protects a certain number of users.

Also, as you know, under proposed subsections 9.2(2) and 9.2(3), the CRTC will have the opportunity to review these thresholds every two years, if I'm not mistaken. I'm going from memory, since the short notice we had for this meeting didn't give me a chance to get my notes from home.

I implore the members of the committee to consider this in their thinking before voting. I also ask them to rise above the direction they've received from their strategists. We now know that they have a kind of hold over the committee. We only have to look at what they did: the gag order was imposed on us and then, as a result of corridor discussions between the whips, this meeting was set up without all of us knowing about it.

I'm asking you to allow us to do our job and make sure we protect all Canadians and Quebeckers who use social networks to post content. We're not just talking about videos of dogs and cats, as some would have you believe, in an attempt to simplify the situation. We're also talking about artists who produce quality content, content aimed at informing people, such as documentaries. They create this content without a budget, using simple tools and democratized technology. Now, people can create high‑quality things just from their phones, thanks to a few low‑cost apps. These digital tools make it possible to democratize information and create content.

Thank you, Mr. Chair.

June 9th, 2021 / 6:30 p.m.
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Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Thank you, Chair.

Mr. Champoux, I had said I was wrapping up, but now I feel like I need to explain a few more things, unfortunately. If you had given me another 10 seconds, I would have closed. I was on the grand finale, but perhaps now I will take a few more minutes to discuss the motion at hand.

Again, to colleagues who are looking at the amendment, it reads:

9.2 (1) This Act does not apply in respect of online undertakings that have fewer than 500,000 subscribers in Canada or receive less than $80 million per year in advertising, subscription, usage or membership revenues in Canada from the transmission or retransmission of programs over the Internet. (2) Every two years after the day on which subsection (1) comes into force, the Commission must, with the approval of the Governor in Council, review the subscriber and revenue thresholds and may make regulations to increase them as required.

This is smart because it actually puts in place form and substance in a bill where these did not exist before. This amendment talks about what the materiality principle is in relation to the regulator, and that has not been described anywhere else in this law. Again, there are bodies of knowledge and work that have been undertaken, I think, to support that as a starting point.

What I like about the structure of this amendment is that it says, here's a starting point, but on a biannual basis there's a requirement for the commission to review whether or not that's adequate in terms of how Canadian content creators are actually growing. It has this built-in review process, and that's why it's elegant.

I know that some colleagues have asked—I believe it was Ms. McPherson—how he came up with this threshold. I believe that my colleague came up with it based on white papers that have been produced around the world. He has also built in this mechanism here to say that we will have a review process to ensure that it is adequate over a period of time.

I'm not going to propose a subamendment, but if I were to change it, I think that review process should also take into consideration the impact that the current incumbents and current system have. Why should we just give them a free pass here too? Why shouldn't we be talking about their actual views? The elephant in the room that nobody wants to talk about is how many views CBC News actually gets on any evening, or how many views CTV News gets on an actual evening, yet we are moving heck and high water, Chair, to protect them.

Perhaps that's something the committee could discuss as well. How are we putting checks and balances on the incumbents that would benefit from our maintaining the status quo? I do think that the review process that's built in here is elegant—it's nice—and it recognizes that this is an emerging field of regulation.

The need for a review process that's built into the amendment acknowledges that Bill C-10 is coming in almost ham-fisted, this very “bull in a china shop” approach to ramming through regulatory process that doesn't really reflect the reality of new content creation.

Again, I know that my colleagues are going to propose other amendments to try to do what we've been talking about, which is recognize that we shouldn't be putting a chill on freedom of speech and shouldn't be unduly burdening a new source of economic revenue for Canadians, but this is an excellent amendment.

I hope that my colleagues approach our amendments, not from that blind partisan perspective but more from the perspective of getting this right on behalf of Canadians—Canadian women, indigenous voices, Black voices, persons of colour and members of the LGBTQ+ community, who traditionally haven't had voices and now have voices and platforms. Put amendments in place to protect them, and be clear on what the role of the regulator is.

To my colleague, Mr. Rayes: good work, excellent, well done. You have served your constituents well.

I implore my colleagues on this committee to really think about this so that when we are looking back in 10 years time to these committee hearings, which will undoubtedly be referenced in numerous challenges, we're on the right side of history and the right side of the disruption that happened.

Thank you, Chair.

Extension of Sitting Hours in JuneRoutine Proceedings

June 9th, 2021 / 6:25 p.m.
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Conservative

Blake Richards Conservative Banff—Airdrie, AB

Madam Speaker, before I get to what I see as the government's real motives, I would like to speak to why we are here. We have a government that claims it needs extra time. Why does it need extra time? I suggest, to begin with, one of the reasons would be that it prorogued Parliament. That was time that could have been used to put forward its agenda.

The government waited two years to put forward a budget, and now the budget implementation act is not passed. It seems a bit rich for it to claim that it needs extra time when it had all that time. It took two years to present a budget and prorogued Parliament during that time. I do not know if it is just me, but if Liberals did not work for a while and now want to work overtime, it seems to me they could have done it during the time they chose not to come to work. We are here partly because of prorogation.

Ironically, one of the filibusters is tied back to the prorogation itself, but we are also here because the Liberals chose to filibuster in parliamentary committees. One of them was the procedure and House affairs committee, which was trying to get to the bottom of the prorogation. Liberals on the committee filibustered for hours upon hours. It went on for weeks and weeks. It was to try to prevent the Prime Minister from having to appear at committee to answer for why he prorogued Parliament. These are some of the reasons.

The opposition House leader laid out a number of other committees. He mentioned a committee where there were 73 hours of filibustering by the Liberals and other committees where the Liberals, the government members, filibustered for dozens and dozens of hours. It seems to me that they could have managed their time, but instead they were trying to cover up for a Prime Minister who is, frankly, corrupt. They were trying to cover up their misdeeds and incompetence. That is why we are here.

Beyond what I just said about the Liberals covering up their own incompetence, misdeeds and corruption, they are trying to ram through legislation. It is understandable that a government would try to get bills through. For example, right now Bill C-10 is before the House. It is a censorship bill. It seeks to censor everything that Canadians do on the Internet. It would censor the free speech of Canadians on platforms like Facebook, TikTok, Instagram and Twitter, places Canadians go to engage in discussions and debate. The Liberals are trying to ram through a bill that would censor all of that. It would censor Canadians' right to free speech. It is disgraceful and shameful that they would seek to do that, but that is what they are doing. They are trying to ram the bill through with a motion such as this.

Members of the opposition are here to ensure that Canadians maintain the right to their free speech. We are here to fight against the censorship that the government is trying to put in place. We will be opposing it all the way. If the Liberals manage to put it in place, Conservatives will repeal it when we form government, which I am sure will not be very far into the future.

The other motive of the Liberals is to stop committees from meeting. I will explain why that is. The effect of the motion they have put forward means that for every day there are extended sitting hours, it causes the cancellation of a couple of the parliamentary committees that meet. For Canadians who do not know, parliamentary committees play a very key role in this place in terms of studying in detail legislation that is put forward. We saw, not that long ago, mistakes that were made by the government in its legislation. When parliamentary committees take the time they need to study legislation in detail, they are able to uncover mistakes. They are able to propose amendments to that legislation to ensure that it is right, correct and does what it is intended to do in serving Canadians.

When the ability for committees to meet is removed, it also removes the ability for those kinds of things to happen, for that proper scrutiny to happen. It removes the ability for Canadians to get answers to important questions through their elected representatives, and it removes the ability to sharpen up legislation and to get to the bottom of things. In some cases, with some of the filibusters that we have seen from the Liberals, they would have been able to get to the bottom of some of the misdeeds or incompetence of the Liberal government.

By cancelling those committee meetings, which this motion would effectively do, the Liberals are covering for themselves, but they are doing that at the expense of Canadians. I will give a couple of examples. Members do not have to take my word for the effect of what this will do, because the Liberals are already trying to do it now, before the motion is even passed. They are trying to cancel committees.

They are trying to cancel a meeting of the Standing Committee on Government Operations and Estimates. That meeting was to talk to under-represented groups in our society and businesses. We are talking about indigenous businesses that would have come to speak at committee about the fact that they feel under-represented in some of the programs and services that are provided by government. I find it shameful that the Liberals would want to prevent indigenous business owners from being able to speak to some of the issues they have with the government. That is what they are already trying to do, prevent indigenous business owners in this country from being able to speak about the problems they are experiencing because of the Liberal government.

We were able to prevent the Liberals from doing that. Instead, they decided they would cancel a meeting of the Standing Committee on Citizenship and Immigration. New immigrants to this country, some of them possibly refugees fleeing persecution, were going to speak about the services that are provided to them in some of our smaller municipalities and outside of major cities, so those voices will be silenced by the Liberal government.

That is the effect that a motion like this has by preventing committees from doing their work. It prevents the voices of indigenous Canadians and new immigrants. That is the effect that we see from this motion. I think it is shameful that we are actually discussing this idea. It would shut down the voices of Canadians across this country and prevent new immigrants, indigenous peoples and others from having the chance to have their voices represented at committees. That is why we are fighting this motion. That is why we are fighting against this. That is what we are doing.

They also cancelled a meeting of the transport committee to avoid finalizing a report there on the Canada Infrastructure Bank. We are all well aware of the Liberal government's failures in regard to infrastructure. They are very good at making announcements and very terrible at delivering results.

Given that, I move:

That the motion be amended by deleting all the words after the word “commencing” and substituting the following:

“on Monday, June 14, 2021, and concluding on Wednesday, June 23, 2021, the House shall continue to sit on Mondays, Tuesdays and Wednesdays until 8:30 p.m.”

That way we can get business moving but not cancel very important committee meetings of this Parliament.

Extension of Sitting Hours in JuneRoutine Proceedings

June 9th, 2021 / 6:20 p.m.
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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Speaker, let me go back to Friday morning. There was talk of time allocation for a bill that is attacking the free speech of the people. It is very concerning to see that the government is attacking free speech with Bill C-10 and also using the tool of time allocation on that bill.

It was a big surprise, because the Conservative member who sits at that committee tabled an amendment to get back proposed section 4.1 of that bill, which was protecting the free speech of people on social media, but the party that had written this section in the first draft of the bill refused the amendment to get it back.

When we talk about free speech, I can assure the House that Conservatives will always fight for the free speech of Canadians.

Extension of Sitting Hours in JuneRoutine Proceedings

June 9th, 2021 / 6:10 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, I value the comment. I, like a majority of members inside the House of Commons, want to be able to sit these extra hours to ensure that we can contribute more to the debate on a wide selection of the very important issues I referenced, such as the environment with respect to net zero, the budget, the support of the Bloc to get Bill C-10 out of committee, which is so critically important, or the importance of the Bill C-6 legislation or Bill C-19. There is so much that is there that we can, through these additional hours, allow for more direct input from political entities in our respective parties and the individual opinions that members might want to express on the floor that reflect the concerns of their party or their constituents. At the end of the day, what we really want to be able to do is provide Canadians the types of supports they need to get out of this pandemic and at the same time—

Extension of Sitting Hours in JuneRoutine Proceedings

June 9th, 2021 / 6:05 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, I think the question is best answered with two specific examples. If we reflect on what took place last Friday, we were supposed to deal with Bill C-10 at committee stage. A majority of members inside the House wanted to see limitations put on the committee so we would be able to get the bill back to the committee. In my opinion, the games that were played crossed the line. We saw the Chair occupant challenged inappropriately and harassed, I would suggest. There were all sorts of issues that took place on Friday. If I was a Conservative, I would be embarrassed by the behaviour.

With respect to the election, the member is right. We knocked on doors telling seniors age 75 and over that we would bring that 10% increase. This budget bill, Bill C-30, which we want to pass, gives that 10% increase to those age 75 and over. It is the fulfillment of a campaign promise. That is why the Liberals are so passionate about getting our legislative agenda through, because in good part, they are commitments that we made in the last election—

June 9th, 2021 / 6:05 p.m.
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Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Thank you, Chair, and also for welcoming me to the heritage committee.

I've been following the procedure of this bill through various stages for some time now and I am concerned about the broadness of scope and the serious concerns that many well-placed advisers have brought up. I could speak to that at length. I will start by speaking to the amendment that my colleague brought forward.

On this bill, I just don't understand why the government and members on this committee aren't supportive of putting some restrictions and limitations on who this impacts. Again, some of the amendments that have been defeated at this committee would, I think, take away some of the fears of Canadians who are rightly asking questions about what this means for them.

Some of us have served longer than others here in the House and in Parliament, so I'll just speak to my experience. When I started my public service, social media was really still in its infancy in terms of its transformation of how we consume information, but today, the reality is that traditional broadcasting and traditional ways of creating Canadian content have been disrupted, much like Uber disrupted the taxi industry.

As parliamentarians, I think we have a responsibility to ask ourselves if putting in place certain government regulations benefits the country and creators as that disruption comes through, or if it's actually hindering the emergence of new voices, new content and Canadians actually engaging in cultural activities.

I do think this amendment that my colleague has put forward actually would benefit many Canadians and I want to explain why.

My colleague Ms. McPherson raised the issue of consulting with Quebec cultural influencers. I can name one off the top off my head: Cynthia Dulude. She has over 600,000 YouTube subscribers. I'm sure she has been able to monetize her account. This is a voice that wouldn't necessarily be eligible for the current structure of proceeding that we have. Rather than supporting her, this bill would allow the CRTC in many ways to essentially deem her to be a broadcaster. That's why I think amendments like this are beneficial to enshrining the rights of women especially, who have been typically excluded from the way we've done things in Canada for a long period of time.

When you look at the progression of legislation and regulations over the years, I fully support the strides that were taken to ensure that Canadian culture, content and heritage were promoted, but this bill doesn't work with the disruption that has been created in the industry. It just seeks to enshrine an old way of doing things, and in doing so, it marginalizes Canadian voices when we're looking at where the football is going to be10 or 20 years from now.

In a lot of ways, the way that social media has disrupted the development of Canadian content has really democratized the creation of content. It's a really exciting thing. There are voices that never had a platform before that now do have a platform and don't have to go through gatekeepers. I think that's a very positive thing for Canada, not a negative thing for Canada.

I understand why the gatekeepers want to gatekeep. I understand why the gatekeepers, the incumbent telco companies, those who have a stake in making money off grants and contributions without really promoting the advancement of heritage activities, want to protect the status quo, because they profit off it. Why can't we do both?

The amendments that my colleagues have been suggesting would allow us to support influencers, support those who have found platforms on social media, and protect them but also allow the current way of doing things to exist.

I guess, maybe, this is a different a way of looking at things. I'm glad we're having this debate, but I don't think that government should exist to regulate away disruptive influences in the marketplace that actually benefit Canadians.

We often see this. When I was vice-chair of the industry committee, I made some pretty bold statements about how we need to potentially look at disrupting the way that Internet is provide in Canada in order to address rural broadband issues, even access within urban centres.

You see those incumbents that benefit from the monopolistic structure that government protects. They are going to push back at that because their profit models are dependant on it. Again, I almost feel like I'm in the Twilight Zone here because we have the left arguing for the propping up of a monopolistic structure that doesn't benefit the people in any way, shape or form. I think it just benefits large companies that, arguably, I'm not sure have done the best job of promoting Canadian content and culture.

We have the opportunity here in Parliament to rethink how government interacts with content creators. Instead, we get this bill that seeks to enshrine the status quo. I don't know why we couldn't be looking at taking the best of the status quo, like supporting.... Ms. McPherson brought up the issue of Quebec content creators. I don't understand why we can't be looking at regulations and laws that support those content creators but at the same time acknowledging that disruption has occurred and ensuring that we're protecting those new voices and those new ways of doing things. I really think that's what is at the heart of the amendment that has been put forward today.

There was an assertion made that there was no research done on this particular amendment. I know that to be false. There have been white papers drafted around the world. I'm thinking of one. I can't remember the reference off the top of my head because, much like my colleague, Alain, I'm jumping into this meeting at the last minute, but it's important for me to be here on behalf of my constituents. I know that there was a white paper done out of Australia that did look at certain threshold limits based on the disruption that had occurred in their national market and a desire to protect those voices.

The account that I mentioned out of Quebec.... They're not a broadcaster; they're creating videos and giving a voice that is unique to their lens and their perspective on certain issues. For the government to try to come in and use a.... Frankly, we could have a whole other discussion about the CRTC's being an outdated institution that is desperately in need of reform. However, this amendment would actually limit the scope of what that outdated institution could do to the benefit of intersectional voices that all of a sudden have a platform in Canada.

I really think that if we don't put amendments like this in place, we're going to look back 10 years from now.... I think that Canadians will look back at this debate by parliamentarians and these types of amendments, and the parliamentarian who don't support these amendments and say, “Why were they supporting the old way of doing things? Why weren't they supporting my voice? Why did they regulate speech?”

Why should the CRTC have a say over individual YouTube accounts? Why wouldn't you put clarity to this? If the government is true when it says there is no intention to regulate individual social media accounts, why wouldn't we put those safeguards in there?

This isn't the Criminal Code. This is policy that influences how business will be undertaken, and it's the right to freedom of speech.

I'm going to reference another example that I've been deeply uncomfortable with: the subsidies for print media in Canada. I believe it's very important for our country to have a strong journalistic culture that holds all of us to account, regardless of political stripe. However, when the government puts in place a fund to support media and then it picks the recipients of funds, there's a direct linkage there. A direct bias is created and you no longer have independence in journalism. That's wrong. We can sit here and vociferously disagree on policy and politics, but we should be agreeing that we need independence of media. There needs to be a separation—a clear delineation—between media, the speech of Canadians and government.

There has been a lot of discussion about how the government should regulate hate speech. That's another thorny area because there is a lot of hate, even today. As a parliamentarian, I have received a lot of hate in the last 24 hours for statements I've made that I strongly believe in. That doesn't mean I should be taking away the right of people to make those statements, unless they fall under existing Criminal Code provisions related to libel or hate speech. We already have the Criminal Code for this.

If you port that concept over to Bill C-10,, why would the regulator be seeking to limit the activities of individual voices and Canadians? That's why I think Bill C-10 is a flawed piece of legislation. I don't support it in general, but at least the amendments that my colleagues are putting forward seek to separate this concept out.

Honestly, the point I want to make at this committee on behalf of my constituents is that you have this nexus right now where historically over time our country and the government have sought ways to promote Canadian content. However, we've had such a disruption in how that content is produced and consumed that porting the old style of supporting content creation onto a disrupted model is opening the door for government abuses on freedom of speech.

That's why it is so important for us to pass these amendments. There needs to be more structure. There needs to be more clarity. Even for user accounts that.... Consider the Quebec account that I mentioned earlier. I am sure she has a good business from that. I'm sure she is making money off of it. Good for her. That's awesome; that's fantastic. Why would the government seek to limit her voice?

These amendments give clarity and certainty for an emerging area of business that most Canadians are just waking up to. For us, it's about understanding that putting “influencer” on a CV is a thing. Influencing is a thing. People make money off of it. It's a new way of advertising. Yet, I feel like we are sitting here as legislators looking at this with a lens that is 30 years old. That's a huge problem.

I understand that there might be some really rote, basic politics. There might be a polarization here to score quick political wins one way or the other. However, I encourage colleagues on this call, from the bottom of my heart, to look past that and ask, what's in the best interest of this country? We should be seeking to support Canadian content creation, definitely ensuring that we are supporting French-language content creation as well. It should be all content creation, including marginalized voices that typically have not had platforms because of the gatekeepers. We should be seeking to do that while ensuring that we are acknowledging the fact that the structure of how we create content has fundamentally changed.

The amendment at hand that my colleague proposed puts clear limitations on and structure around intent. If the government's intent is X, Y or Z, this amendment makes sense, as did the one that was defeated in this committee. I was so disappointed. I honestly thought that the government was going to put this debate to bed by proposing the amendment that was defeated earlier that was in the media. I was shocked. My colleagues on here who have known me for a while, from all political stripes, know that it takes a lot to shock me. I was actually shocked.

Again, there are winners and losers with Bill C-10, and why would we be doing that? Why would we be picking winners and losers? Why would we be picking voices?

What I worry about is that groups who seek to promote the status quo have a very well-funded lobby. I know they have been in front of many of you. They seek meetings. They seek to spin their position.

The people who are emerging in this market disruption—the voices such as the account I mentioned—don't have a lobby. They don't have a well-funded group that's coming in and talking about how they're going to influence votes in our ridings. That is why I'm here at the heritage committee today. I'm trying to cut beyond the political bluster to try and honestly, from a place of reason, say, “Look to 10 years from now. Look 10 years from now and understand that if we put this legislation in place without some definitions...”.

. They're not coming in and talking about the polling based on the popularity of a spun question within our ridings. They're just doing their thing. They're new content creators. They don't have that lobby, but that doesn't mean we don't have an obligation to protect them.

The amendments that are being put forward here are designed to protect those people. They are people who haven't had a voice in our previous iterations of cultural content creation, and they don't have a voice with these big lobby groups right now either. Why wouldn't we be protecting them? Why wouldn't we add this in? It makes so much sense.

I really think we should go back to the drawing board. I get that parties are set in here. However, if we don't get this right, now, I really think we have opened up Canadian influencers to a chill on freedom of speech. I think that is absolutely possible. We have not done our jobs as legislators here to tell the regulator what they can and can't do. We haven't done the systemic reform of the regulator that's necessary. That's a problem as well. We also haven't.... We are trying to impose the regulatory structure of a system that was put in place before cellphones existed on to a disrupted system of how we create content. That is why these amendments are being put forward.

I would just say this to colleagues: If you don't like the amendments, if you don't like the set thresholds of subscribers or the advertising thresholds, then propose a subamendment. Bring forward other research. But this bill, as it is right now, is bunk. It needs to be fixed. It can't pass without this happening.

What I'm hearing, from watching the media coverage of this, is that there is a desire among all parties to ensure that Canadian content is created, is funded, is supported, particularly French-language content creation, which needs to be shared across the country.

I think there's a shared desire here.... I also hope that there's a shared understanding that we shouldn't be rushing to put in place systems that could inadvertently put a chill on our freedom of speech.

I'll put it this way, and I've said this to people: For those of you who were in Parliament under Prime Minister Stephen Harper and vociferously railed against him, if you would be uncomfortable with Stephen Harper having the power to regulate individual social media content, then you should also be deeply uncomfortable with Justin Trudeau being able to do that. No person, no government, should have the right to regulate freedom of speech in the way that this does.

At the same time, we should also be understanding that regular content creators have a right to proceed through this disruption. Canada went through a very sort of unsettled period of time—three to four years—when Uber disrupted the market.

There was a lot of back and forth, admittedly at the municipal level, about what bylaws should be put in place to regulate Uber and how taxi drivers were affected through that disruption, but at no time during that debate were higher-level issues like freedom of speech threatened. That's really what we have here with this bill.

I implore my colleagues here to really think about passing smart amendments. Again, if there's a problem with the amendment, propose a subamendment rather than just dismissing it outright.

I understand that people like Michael Geist and the former CRTC commissioner might be irritants to the government right now, but I know these people. They're not partisans by any stretch. These are informed people who have been working in the space for a long period of time and genuinely care about the flaws in this legislation, because they're coming from a place of academic understanding that this is flawed, deeply flawed, to the point where it is detrimental to the country. They're not doing this from a place of partisanship or politicking; they are genuinely concerned. We have a job as legislators to listen to those concerns in this period of time.

I know that my colleague Mr. Arnold wants to get on. This rant has been brewing for some time for me. It is so crucial that we get this right.

I would put this on the record. Colleagues, I'm sure many of you watched the American Senate committee hearings, over a couple of years ago now, when Mark Zuckerberg appeared before a Senate committee and the questions that he was asked were so pedantic. You could see him trying to explain to legislators what an email was. I'm being slightly facetious, but not that much.

I just feel as though we are here right now and the debate that we're having is so mired in a lack of understanding of this space, as opposed to really thinking about what the role of government is in the broader discussion of the disruption that has happened in media, in how we consume information and how we create information. I implore you that rather than just importing a regulatory structure that is 40 years old onto a beautiful new way of doing things, in a way that could put a serious chill on it, that silences voices of Canadians who have finally found a platform—

June 9th, 2021 / 6 p.m.
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Thomas Owen Ripley Director General, Broadcasting, Copyright and Creative Marketplace Branch, Department of Canadian Heritage

Thank you, Mr. Chair.

Thank you for the question, Mr. Shields.

The point I was trying to make during our last meeting was that Bill C-10, as tabled, does not have thresholds in the legislation, in terms of determining whether an online undertaking should be regulated by the CRTC and should be required to contribute. The test, as articulated in the bill as it was tabled, was a determination of the CRTC's part with regard to whether that online undertaking is well positioned to make a material contribution to the policy objectives.

One reason it was done in that way was to recognize that there is a very wide diversity of online business models out there. It is difficult to be categorical with where that material contribution threshold kicks in. The reason I referenced CBC/Radio-Canada was to give an example of how, as the committee knows, CBC's conventional services are licensed and overseen by the CRTC right now, just like TVA or CTV. The expectation is certainly that the CRTC would have jurisdiction over its online undertakings of TOU.TV and CBC Gem, just as the CRTC will have jurisdiction over Bell Canada's equivalent Crave TV service, Club illico, and those types of services.

The point I was trying to make was that based on the data we have, the threshold that's being put forward in this amendment may be so high as to exclude CBC/Radio-Canada's online undertakings, for example. The position of the government would be that CBC/Radio-Canada is very well positioned to make a contribution to achieving the policy objectives of the act. That was the point I was trying to make, Mr. Shields.

June 9th, 2021 / 5:50 p.m.
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Liberal

The Chair Liberal Scott Simms

Welcome, everyone, to clause-by-clause on Bill C-10. This is the resumption of the meeting. Welcome back.

We are going to pick up where we left off the last time, if you want to get out your song sheets once more.

Some hands are up.

Mr. Shields, do you want to move a motion? Go ahead; you have the floor.

Extension of Sitting Hours in JuneRoutine Proceedings

June 9th, 2021 / 5:40 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and Minister of Intergovernmental Affairs and to the Leader of the Government in the House of Commons

Madam Speaker, I am very glad that we were able to get to this point. I am concerned and disappointed, even in the last half-hour. I think we need to realize that, although members of the Conservative Party will say they want more debate time, in reality nothing could be further from the truth. I would argue that ultimately the Conservatives have been very much a destructive force on the floor of the House of Commons. I would like to explain why it is so important that we pass the motion that the minister of procurement has just presented.

The pandemic really challenged all of us. We needed to find new ways to get the job done, the job that Canadians have been very much relying on us to do. We gradually brought in a hybrid Parliament to ensure that MPs could do their job from wherever they are in the country. This was so it would be inclusive, whether they are up north, the west coast, the east coast or in central Canada, like me here in Winnipeg. We found ways for the House to debate and pass legislation that would ultimately help Canadians during the pandemic. Many bills were passed to ensure that millions of Canadians had the funds that they needed to put food on their table, pay the rent, cover mortgages and so on.

We have a number of pieces of legislation before the House in one form or another. I would like to give some examples of the legislation that are in limbo because the Conservatives are more interested in playing political games than they are in serving the best interests of Canadians. I would like to highlight a few of those pieces of legislation and then make a point as to why this particular motion is necessary.

We have seen motions of this nature previously. I have been a parliamentarian for 30 years now, and I have seen it at the provincial level and at the national level. Political parties of all stripes have recognized that there is a time in which we need to be able to bring in extended hours. In the most part it is meant to contribute to additional debate and to allow the government to pass important legislation. That is really what this motion is all about.

Looking at the last vote we just participated in, it would appear as though Bloc members, New Democrats and Greens are in agreement with the members of the Liberal caucus that we need to sit extra hours. My appeal is to the Conservatives to stop playing their political, partisan games and start getting to work.

There is nothing wrong with sitting until midnight two to four times between now and mid-June. Stephen Harper did it. He had no qualms moving motions of this nature. Yes, we will also sit a little extra time on Friday afternoons. I believe Canadians expect nothing less from all members of the House.

When Canadians decided to return the government in a minority format, it was expected that not only we as the governing party would receive a message, but also that all members of the House would receive a message. The Conservative opposition has a role to play that goes beyond what they have been playing and what we have been witnessing since November or December of last year. I would cross the line to say that it is not being a responsible official opposition.

I spent well over 20 years in opposition. The Conservative Party, with its destructive force, is preventing the government of the day and other members, not only government members, from moving the legislation forward. I appeal to the official opposition to not only recognize there is a genuine need to move this legislation forward, but also recognize that, at the end of the day, we extend hours to accommodate additional debate.

My concern is that the Conservatives will continue the political, partisan games, at great expense to Canadians. I will give an example. Bill C-30 is at report stage and third reading. We were supposed to debate that bill today. Chances are that we will not get to that bill today. We have not been able to get to other legislation because of the tactics of the official opposition, the reform Conservative Party, as I often refer to it.

The last budget legislation was Bill C-14. The first female Minister of Finance of Canada presented an economic update to the House back in late November, and the legislation was introduced in December. For days, the Conservatives would not allow it to pass. This was legislation that helped businesses and Canadians in many ways, yet the Conservatives saw fit to filibuster it. Bill C-30 will pass. It is budget legislation. It is not an option for the government.

Bill C-12 is the net-zero emissions legislation. If members canvass their constituents, they will find out that it does not matter where they live in Canada, our constituents are concerned about the environment and are telling all members of the House that we need to do more. Bill C-12, the net-zero emissions bill, is very important legislation. It answers, in good part, the call from Canadians from coast to coast to coast.

To a certain degree, we have seen a change in attitude by some Conservatives with their new leadership. Some in their caucus do not support it, but the leadership agrees that there is a need for a price on pollution. They seem to be coming around, even though they are five, six or seven years late. Surely to goodness, they would recognize the value of the legislation. Bill C-12 is stuck in committee.

What about Bill C-10? Bill C-10 would update very important legislation that has not been updated for 30 years, since 1990 or 1991. Let us think of what the Internet was like back in 1990. I can recall sitting in the Manitoba legislature, hearing the ring, the buzzing and then a dial tone. We can remember how slow it was.

I will tell my Conservative friends that things have changed. Now all sorts of things take place on the Internet. This is important legislation. The NDP, the Greens and the Bloc support the legislation. The Conservatives come up with a false argument, dig their feet in and then say they are not being given enough time, yet they have no problem squandering time.

Thankfully, because of the Bloc, we were able to put some limits on the committee, so we could get it though committee. If the Bloc did not agree with the government and with that concurrence, it would never pass the committee stage. There is absolutely no indication that the Conservatives have any intent of seeing Bill C-10 pass through committee stage.

If members have been listening to the chamber's debates in regard to Bill C-6, they have heard the Conservatives disagree with another piece of legislation. They say they do not support mandatory conversion therapy, and they are using the definition as a scapegoat to justify their behaviour on the legislation. Once again they are the only political entity inside the House of Commons that is preventing this legislation or putting it in jeopardy. The leadership of the Conservative Party might think one thing, but the reality is that the behaviour of the Conservative Party has put Bill C-6 in limbo.

I could talk about Bill C-21, the firearms legislation. Members know that the Conservatives have been using firearms as a tool for many years. Even when I was an MLA in the mid-nineties, I can remember the Conservative Party using firearms as a tool, and nothing has really changed. The bill is still in second reading. There is no indication at all that the Conservatives are willing to see that piece of legislation pass. Members can check with some of the communities and stakeholders that are asking and begging not only the government, but also opposition parties, to let this legislation pass.

That is not to mention Bill C-22, which is about criminal justice reform. That is another piece of legislation that, again, the Conservative Party has given no indication it intends to let see the light of day or go to committee.

Another piece of legislation that is important not only to me, but should be to all members of the House, is Bill C-19. I understand this important piece of legislation is going to committee tomorrow, but if we apply what we have seen at second reading to the committee stage, it is going to be a huge concern. This bill would give Elections Canada additional powers to administer an election in a safer, healthier way for voters and for Elections Canada workers. It is a good piece of legislation. I am somewhat familiar with it because of my role as parliamentary secretary to the minister, who I know has worked very hard on bringing this legislation forward and wants to see it passed. It is a piece of legislation on which the Conservatives have said we should have more debate.

The government attempted to bring this legislation in a long time ago. It tried to get it to committee a long time ago. One day I was ready and primed to address Bill C-19, and the Conservatives' game at that time was to bring in a concurrence motion, because if they did that they could prevent debate on Bill C-19. That is what they did, and it was not the first time. The Conservative Party does not even recognize the value of it. It is a minority situation. We do not know when there is going to be an election. It seems to me that the responsible thing to do is to get Bill C-19 passed. As I say, it is at the committee stage today. I hope that the Conservative Party will see the merits of passing that bill out of the committee stage.

At the beginning of the pandemic, there seemed to be a greater sense of co-operation. From the very beginning, the Prime Minister has been very clear: He and the Government of Canada have had as their first priority minimizing the negative impacts of the COVID-19 pandemic, and being there in a real and tangible way for Canadians. That is for another speech in which I can expand on the particular argument the Prime Minister put forward.

We can do other things. We have seen that in some of the legislative initiatives that we have taken. As I say, at the very beginning there was a high sense of co-operation and the team Canada approach applied within the House of Commons. The Conservatives started falling off the track last June. One year later, there is no sign that the Conservative Party recognizes the value of working together.

I would remind my Conservative friends that, as we in government realize, it is a minority government. If someone gives me 12 graduates from Sisler High School, or any high school in the north end of Winnipeg, whether it is Maples Collegiate, Children of the Earth High School, R.B. Russell Vocational High School or St. John's High School, I can prevent the government from being able to pass legislation. It does not take a genius to do that.

We need co-operation from the opposition, and the Conservative Party has been found wanting in that. It has not been co-operative in the last number of months. I find that shameful. Obviously, the Conservatives are not listening to what Canadians expect of them. In fact, what we have seen is delay and more delay, to the point that it becomes obstruction.

Conservatives have obstructed the work of the House as it has debated Bill C-14. If I were to draw comparisons, I would compare Bill C-14 and Bill C-3. Bill C-14 is vitally important to all of us. Canadians needed Bill C-14 passed, but look at the amount of debate and filibustering we had from the official opposition.

On the other hand, Bill C-3 was also a very important piece of legislation. All parties supported it. In fact, the initial idea came from the former leader of the Conservative Party, Rona Ambrose. Everyone supported it. We spent many hours and days debating that piece of legislation, when we could have been debating other legislation. Not that the other legislation was not important, but we all know there is no time process outside of time allocation to get government legislation through. That is in a normal situation, when we have an opposition party that recognizes the value of actual debate of government agenda items that they should pass through, but they did not. Instead, they would rather debate it.

We have moved motions to have extended sittings in the past to accommodate additional debate. I say, in particular to my Conservative friends, that if they are going to behave in this fashion they should not criticize the government for not affording time to debate bills. What a bunch of garbage. They cannot have it both ways. I appeal to the Conservative Party to recognize true value. They should work for Canadians and let us see if we can make a more positive contribution and start working together for the betterment of all.

June 9th, 2021 / 4:50 p.m.
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Liberal

The Chair Liberal Scott Simms

Welcome back, everyone. This is clause-by-clause consideration of Bill C-10.

I just want to point out to everybody in this room that I know the bells are ringing and that I'll be seeking unanimous consent in just a few moments.

Okay, I know I said some time ago that I would try to give you as ample notice as I could about a meeting, and when I seek out meetings, I will do just that. I will be cognizant of the time. I'll be cognizant of your situation.

The whips amongst our parties—again, I am not specifically pointing out any particular whip of any recognized party, and there are four groups in question—decided that they would put this meeting together. I received notice shortly before you did.

Now, because we passed a motion on March 26 that states that we will seek out meetings—and it didn't say anything about notice—we must have this meeting as of right now.

That being said, I'm going to say this publicly. I'm going to say this in front of you, my colleagues. I'm going to say this while we're in session. As chair, I have the floor, so I'm going to say it.

This is a message for the benefit of my colleagues, the staff, the analysts, the clerks, the interpreters, the technical staff, and everyone involved. I ask you to please consider the fact that these people have families, that these people live in rural areas like me. We are not emergency workers. We're not paramedics. We're not firefighters. We're not on call like that. These are planned meetings—normally.

So, to the four represented whips at this meeting—and I know you're on this call—please consider this when we do this again. I'm asking this not just as a chair but as a human being. Thank you.

That being said, do I have unanimous consent to continue?

Bill C-10Statements By Members

June 8th, 2021 / 2:05 p.m.
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Conservative

Corey Tochor Conservative Saskatoon—University, SK

Mr. Speaker, the residents of Saskatoon—University, in fact, all of Saskatchewan not to mention the rest of Canada, are deeply concerned about what we are hearing regarding this government's new censorship bill.

We live in an increasingly digital world, and one at risk of the influence of bad actors, such as this power-hungry, unaccountable government. I have heard from many people telling me that they do not trust this regime with these powers over what they can see and hear, and do not believe that Ottawa should have the power to decide which posts will be seen and which ones will be buried. Personally, I cannot blame them.

Now, we have the Liberals censoring their censorship bill. We have seen the script in other countries that this Prime Minister has expressed his love for. We do not want to see it here. The Conservatives are the only party that will keep Canada free and scrap Bill C-10.

Canadian HeritageOral Questions

June 7th, 2021 / 3 p.m.
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Conservative

Brad Redekopp Conservative Saskatoon West, SK

Mr. Speaker, the Liberal-Bloc coalition cutting off debate on its Internet-censorship bill is an act of cowardice by this government. It is doing this because it is afraid of the public backlash against going down in history as the government that trampled over Pierre Trudeau's Charter of Rights and Freedoms.

In my riding of Saskatoon West, constituents have made it clear that they do not want this Prime Minister to censor their social media posts. Bill C-10 will censor Canadians' Facebook and TikTok posts.

Will the government do the courageous thing, reverse course and stop Bill C-10 ?

Canadian HeritageOral Questions

June 7th, 2021 / 2:55 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, the member for Lethbridge told an Alberta newspaper that Quebec artists support Bill C-10 because they are outdated and rely on government grants as they are not able to make a living off of the art they are producing. She added that Canadians do not want the songs, films and material these artists produce.

Offering a weak apology on Twitter is not enough to make up for insulting thousands of artists across Quebec and Canada.

Will the minister join us in condemning these ignorant comments, which show a complete lack of knowledge of Quebec culture and unbelievable contempt for Quebec creators, and call on the Leader of the Opposition to apologize for his member's misguided comments?

Canadian HeritageOral Questions

June 7th, 2021 / 2:55 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, 30 years have passed since the Broadcasting Act was last updated. That was before social media.

Back in 1991, a “web giant” meant a massive spider in a horror movie. The Internet was slow as molasses, and people were more likely to have pagers than cell phones. Thirty years ago, the Conservative Party still had the word “progressive” in its name.

My question is for the heritage minister. Does he think we can afford to waste even more time before we pass Bill C-10 to modernize the Broadcasting Act?

June 7th, 2021 / 12:45 p.m.
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Director General, Broadcasting, Copyright and Creative Marketplace Branch, Department of Canadian Heritage

Thomas Owen Ripley

Thank you, Mr. Chair.

Thank you for the question, Mr. Housefather.

Perhaps I will begin by reiterating that the government's position, when it tabled Bill C-10, was acknowledging that there will be many smaller services that are not scoped into the act because of that requirement for there to be a material contribution. The goal was not to scope all those smaller services in.

I think the challenge is that there is a wide variety of business models in the online undertaking space. You have subscription-based services that we all know well, like Netflix or Crave. You pick your favourite subscription services. More and more we are seeing the launch of advertising-supported business models. You can stream your television content or your music content and not actually pay a subscription fee; rather, the service is selling advertising—

June 7th, 2021 / 12:45 p.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Mr. Speaker, what I find unexplainable is the fact that throughout the question and preamble of my hon. colleague he did not mention artists once, not once.

Yes, there is a sense of urgency that I am feeling and that our government is feeling regarding the adoption of Bill C-10, but that urgency comes from artists themselves. We have heard artists from coast to coast to coast saying to get Bill C-10 adopted, and there stands the NDP with the Conservative Party saying that they know better than the artists, the technicians and the musicians. I am baffled by the position of the NDP.

June 7th, 2021 / 12:40 p.m.
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Director General, Broadcasting, Copyright and Creative Marketplace Branch, Department of Canadian Heritage

Thomas Owen Ripley

Thank you, Mr. Chair.

Thank you for the question, Ms. Dabrusin.

I'm not able to give a definitive amount to that on the spot. It would take us going back and looking at some of the analyses the department has done underpinning that $830-million number to look at how it might intersect with some of the thresholds that are being put forward.

Bill C-10 put down the marker about material manner, but left it a little bit at the CRTC's discretion because not all services are comparable. For example, I would point the committee towards CBC Gem or TOU.TV, which are our national public broadcaster's online undertakings. The department's assessment was that right now those undertakings have about 200,000 subscribers and earn maybe somewhere in the $20-million to $30-million range in revenue each year.

The government's perspective would be that, obviously, our national public broadcaster and its online undertakings have a powerful role to play in contributing to the cultural policy objectives of the Broadcasting Act, yet the intersection with this amendment is that even those online undertakings launched by our national public broadcaster could be excluded if they don't meet the revenue threshold.

Ms. Dabrusin, we'd have to do some further analysis to actually look at the intersection with all the services and assess how that might change our analysis.

June 7th, 2021 / 12:40 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I would like to follow up on my earlier question, which was bizarrely not answered, which again reveals the problem here. The government is eager to shut down debate and cannot answer basic questions about what the bill does.

Is the government seeking, through Bill C-10, to give the CRTC the power to regulate social media algorithms, yes or no?

June 7th, 2021 / 12:40 p.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Mr. Speaker, since the last time the Broadcasting Act was reformed, we have seen the important and ever-increasing role of platforms on the television, movie and certainly on the music side of things. Our laws and regulations simply have not adapted to this new environment, which is costing our artists, musicians and technicians tens of millions of dollars every year. Bill C-10 aims specifically at correcting this so we can continue to have a thriving artistic and cultural ecosystem in Canada.

June 7th, 2021 / 12:35 p.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Mr. Speaker, the member opposite and the Conservative Party of Canada know full well that Bill C-10 has nothing to do with content moderation and what people can and cannot post online. In fact, professional independent civil servants from the Department of Justice, including the deputy minister, came to committee to testify to that effect.

It looks to me like the Conservative Party is continuing to mislead Canadians deliberately or unwillingly. I do not understand. It is simply not true. I do not understand why the Conservative Party would not want to force Google, one of the wealthiest companies in the world, to pay its fair share for Canadian artists.

June 7th, 2021 / 12:30 p.m.
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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Thank you for that clarification, Mr. Chair, but it's always a pleasure for me. I never try to shy away when I am asked questions, whether they come from a reporter or a colleague in everyday life. I try to answer them to the best of my ability and, if I am wrong, I apologize.

To answer your question, Ms. McPherson, I should say that I have consulted with over 40 organizations in the cultural community since we began our study of Bill C‑10. This is not to say that all cultural organizations agreed with us during these exchanges. However, for all of the amendments that we put forward, or almost—I just want to protect myself, because I don't have all of my data—we made it a guideline to make sure that they represented more than one entity, so that they were not too specific. I don't have the list at hand, because God knows how much documentation I have from all my meetings, but we based it on the concerns of some groups that weren't necessarily against this idea.

That being said, the bill changed along the way, and I apologize for that. If we had known that social networks were going to be included, as a party, we would have invited witnesses who represent those who were left out and whom we did not hear from in committee in the first place. So with this amendment, people that we never had a chance to hear from will now be able to come and talk to us about their concerns. We were surprised, as everyone else was, by what happened.

I repeat, this amendment is perfectly aligned with what Australia is doing. Moreover, the thresholds it proposes, which were recommended by former CRTC experts, are below those of Australia. So I find these thresholds to be legitimate.

June 7th, 2021 / 12:30 p.m.
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Juris Doctor Candidate and Advocate and Cybersecurity Researcher, As an Individual

Melissa Lukings

I think the current issue is that perhaps the penalties that currently exist in PIPEDA are not strong enough to deter corporations. I'm not saying to put in new regulations—I'm not saying that—but when you're going to do the digital charter implementation act and you're discussing things like Bill C-10 and Bill C-11, it's important to remember that.

I think there is room for improvement. Because we've found that financial penalties don't really seem to impact companies that make a lot of money, fines could instead be based on percentages. The key here is that we need to not have increased regulation. If what we're trying to do is in fact what we say we're trying to do, which is to reduce human trafficking and harm to young people, additional regulations are not going to help that.

Did I answer your question?

June 7th, 2021 / 12:30 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Mr. Speaker, honestly, it is very unfortunate that it has come to this. We have been working on Bill C-10 in committee for months. Things have been going well for months. Actually, I should say things had been going well for months.

There was goodwill from all parties to move forward on this bill. Everyone agrees that it was not perfect at the start, but once we begin working on a bill in committee, we agree to move forward and improve it. That has not been the case for several weeks. In committee, our Conservative friends have been filibustering on the somewhat false basis that the bill could potentially violate freedom of expression.

Recently, on Tout le monde en parle, Quebec's most-watched Sunday program, the Minister of Canadian Heritage said that the cultural sector was losing about $70 million a month without this law. I do not know if the cultural sector is losing $30 million, $50 million, $70 million or $100 million a month without this law, but it has been on the losing end for years since the digital giants entered the market.

We must revisit, review and revamp this act, which is over 30 years old. We must pass Bill C-10. The Quebec National Assembly is unanimous on this. The time for games is over. We must move forward and work on this bill with all the goodwill we can muster.

How long does the minister think we will need to wait before passing a bill like Bill C-10 for our cultural community?

June 7th, 2021 / 12:25 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, to the hon. minister, this is offensive to intrude on committee work. We have a fiction in this place that the committee is the master of its own destiny. It is increasingly a fiction from the day when, in the previous government, Stephen Harper instructed that every committee pass an identical motion that affected people such as members of Parliament in unrecognized parties, such as all Greens and independents, in that we were coerced to show up in committee 48 hours before clause-by-clause began. That process made a mockery of the notion that committee is the master of its own destiny and its own work. This intervention is another offence to this notion. This is the first time in more 20 years that this particular standing order was been utilized to get a committee to report back more quickly than it is normally able to do.

I do think that these principles matter. The irony here is that the hon. member for Nanaimo—Ladysmith who, within the Green caucus, carries the work on Bill C-10 and has done a tremendous amount of work, is right now in clause-by-clause in the heritage committee on Bill C-10 and cannot be here to defend his right to put forward every single amendment that we have worked on so hard.

I am sorry, but we have a bit of an interference—

June 7th, 2021 / 12:25 p.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Mr. Speaker, I thank my hon. colleague for the question. I completely agree with him on the significant support for this bill in Quebec and across the country. In Quebec, the National Assembly unanimously called for the adoption of Bill C-10, deeming it a major step forward for the artistic and cultural sector.

To quickly answer my hon. colleague's question, I think that time allocation motions remain exceptional measures that we use in exceptional circumstances.

June 7th, 2021 / 12:25 p.m.
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Bloc

Alain Therrien Bloc La Prairie, QC

Mr. Speaker, using time allocation to speed up our work is a drastic measure that should be used sparingly.

However, it was the right choice for Bill C-10. Dozens of amendments have been adopted. The Bloc Québécois critic was extremely effective and had several amendments adopted that greatly improved this bill.

We cannot allow the Conservatives to block this bill and jeopardize the future of our cultural sector. It is important because every week spent debating represents the loss of millions of dollars. Quebec's cultural sector and Quebeckers are calling for this bill to be passed before the end of the session. That is why we agreed to proceed in this way.

I have a simple question for the Leader of the Government in the House of Commons. Should time allocation motions continue to be used only in exceptional circumstances?

June 7th, 2021 / 12:25 p.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Mr. Speaker, I would like to thank my colleague for his question. I have a lot of respect for him but, in all honesty, I am a little surprised by the NDP's position on this matter.

Thousands of artists across the country signed a petition. The signers include francophone artists, anglophone artists, indigenous artists, and artists from racialized communities, as well as cultural organizations like the Canadian Independent Music Association, which testified before the Standing Committee on Canadian Heritage. Like many other organizations, CIMA, which is headed by a former member of the NDP, is asking that we pass Bill C-10 as soon as possible.

However, the NDP is siding with the Conservatives to deprive artists of $70 million a month. I never thought I would see such a thing. I am speechless.

June 7th, 2021 / 12:20 p.m.
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NDP

Peter Julian NDP New Westminster—Burnaby, BC

Mr. Speaker, back in 2015, I recall the Liberals saying that they would change practices, that they be more open in Parliament and allow for more of the fulsome debate that they saw being denied under the former Harper government. It is important to note that this manoeuvre that the government has put into place is something that even the Harper government did not try. We are talking about new ground with respect to not allowing the kind of debate that is so important.

I will be voting against this closure motion, because it would not allow the appropriate fixes to be made to the bill. When we look at it, the reality is that this has been a communications disaster. The minister has not clearly communicated, he has contradicted himself and has badly explained parts of the bill.

Is that not the real reason the Liberals are invoking this unprecedented closure motion? Is it not because the communications around Bill C-10 have been a disaster?

June 7th, 2021 / 12:20 p.m.
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Laurier—Sainte-Marie Québec

Liberal

Steven Guilbeault LiberalMinister of Canadian Heritage

Mr. Speaker, I would like to thank my hon. colleague for his question. I will remind him that the motion is before the House and that it is the House of Commons, and not the government, that will make the decision.

Why did we proceed in this fashion? I tried to answer this question last week, but I will try again. During the first four Standing Committee on Canadian Heritage meetings where Bill C-10 was being studied, the committee made it through 79 amendments. In the 11 subsequent meetings, when the Conservative Party began filibustering, the committee was only able to review and vote on seven amendments. If the committee can resume its initial pace, there is ample time to get through all of the amendments still before it.

Points of order raised on June 4 concerning the Time allocation motion for Bill C-10—Speaker's RulingPoints of OrderPrivate Members' Business

June 7th, 2021 / 12:20 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I rise on a point of order. I do apologize, but reflecting on the events of the day in question, first, I wish to thank you for the clarity you provided. I was the first to rise on a point of order, because, as the motion was read out, and based on the quick research I was able to do before we began, it seemed to me that the motion was not in conformity with the Standing Orders for a motion to instruct a committee. However, I did immediately accept the Speaker's ruling.

The difficulty before us, Mr. Speaker, if you check the record, is that I do not believe we can say six and a half minutes elapsed, because I was not able to hear anything from the questions or the comments that were being put to the hon. minister. I respectfully think we should restart the clock with the full 30 minutes, because this is a rather important matter. There are important motions that the hon member for Nanaimo—Ladysmith has before the committee in clause by clause.

The effect of passing this motion on Bill C-10 may be to pre-empt putting forward important amendments that could improve the bill. I do think it requires a full debate. I do not wish to dispute anything you have said, but I think, if you check the record, we did not have six and a half minutes of usable, comprehensible questions and answers.

June 7th, 2021 / noon
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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Thank you, Mr. Chair.

I'm not surprised by the outcome. As has been explained so well, we have to proceed in order.

Setting amendment CPC‑9.4 aside, I am coming back to amendment CPC‑9.4. I will read it and, then, explain it. The amendment states that Bill C‑10, in Clause 7, be amended by adding after line 19 on page 8 the following:

9.2 (1) This Act does not apply in respect of online undertakings that have fewer than 500,000 subscribers in Canada or receive less than $80 million per year in advertising, subscription, usage or membership revenues in Canada from the transmission or retransmission of programs over the Internet. (2) Every two years after the day on which subsection (1) comes into force, the Commission must, with the approval of the Governor in Council, review the subscriber and revenue thresholds and may make regulations to increase them as required. …

The amendment addresses the disagreement the committee is having over users who are not professional broadcasters in the digital space. We are in serious disagreement regarding the power to be given to the CRTC to regulate not only users, but also the content they post.

The committee heard from experts on both sides, so I will not rehash the great debate. Ensuring the bill sets out parameters for the CRTC is the lesser of two evils. That way, local artists with fewer than 500,000 YouTube subscribers will not be regulated by the CRTC and can continue to showcase their craft to people all over the world without leaving their homes. These artists who work for themselves online are not asking for any government help, and they do not comprehend why the government is interfering in these platforms.

Despite what some may think, some artists are outside the so‑called conventional system, the one we all know and support when we go to concert halls and buy tickets for performances. When the artists in question create content, we want to make sure they are not subject to Bill C‑10.

That is the purpose of amendment CPC‑9.2. I look forward to hearing the views of my fellow members, in both my party and the other parties, as well as the experts with us today.

Thank you, Mr. Chair.

June 7th, 2021 / noon
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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

All right. I will move it in due course. Thank you, Mr. Chair.

I imagine it's time for me to move amendment CPC‑9.2.

The committee is at an impasse given the disagreement over the various parties who post content on social media. As we understand Bill C‑10, the CRTC—

Points of order raised on June 4 concerning the Time allocation motion for Bill C-10—Speaker's RulingPoints of OrderPrivate Members' Business

June 7th, 2021 / noon
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Liberal

The Speaker Liberal Anthony Rota

I am now ready to rule on the multiple points of order raised on Friday regarding the time allocation motion for the committee stage of Bill C-10, an act to amend the Broadcasting Act and to make related and consequential amendments to other acts.

Immediately after the motion was moved, the member for Saanich—Gulf Islands asked whether a motion of instruction was not a more appropriate way for the House to direct the work of a committee.

The Assistant Deputy Speaker indicated that the time-allocated motion was in order.

The member for Lethbridge then argued that the time allotted under the terms of the motion was insufficient, as all previous examples of time allocations under Standing Order 78(3) at the committee stage had been up to 10 further hours, while the present motion provided only five additional hours. As the standing order provides that the amount of time allocated may not be less than one sitting day, and since committees do not have standard sitting days the way the House does, she contended that the House should be guided by past practices and allot at least 10 further hours.

The Assistant Deputy Speaker repeated that the motion was in order and that she would return with a more detailed ruling after the 30-minute period for questions and comments.

This was followed by multiple points of order by many members who continued to challenge the admissibility of the motion and the approach the Chair was taking. These continued until the House began Statements by Members, and resumed after question period until the House began Private Members' Business.

There are four points I would like to address in relation to this matter. The first is whether this time allocation motion is in order. The second concerns the manner in which the Chair considers points of order before coming to a decision. The third relates to respect for the Chair's authority. Finally, I would like to address the status of the time allocation motion, on which proceedings were not concluded.

First, it is clear to the Chair that it is possible to move a time allocation motion in relation to the committee stage of a bill. As the member for Lethbridge acknowledged, there are three previous examples of such motions under Standing Order 78(3) for bills before standing or legislative committees, all of which providing for 10 additional hours of study by the said committees. Time allocation was invoked under the terms of Standing Order 78(3)(a) for the purpose of setting a deadline, and I quote:

…in respect of proceedings at the stage at which a public bill was then under consideration either in the House or in any committee…for the purpose of allotting a specified number of days or hours for the consideration and disposal of proceedings at that stage; provided that the time allotted for any stage is not to be less than one sitting day...

The standing order makes no distinction between the stages of a bill, except for the possibility of moving one motion to cover the proceedings at both the report and the third stages. Moreover, while it is possible to allot a specific number of hours or days for the consideration of a stage, the minimum length of time is expressed in sitting days.

The member for Sherwood Park—Fort Saskatchewan argued that the Chair should look at the times at which committee meetings are normally organized in the course of a day, suggesting that this could be more than 12 hours. An argument could even be made that the usual length of most committee meetings is two hours. Truth be told, while the House is set to meet and to adjourn, this is not the case in committees. Thus, the Chair can only conclude that the intention was indeed to specifically refer to the length of a sitting of the House.

What, then, is the equivalent of a sitting day when a motion is expressed in hours?

In a ruling made on June 18, 2012, a previous Speaker, the member for Regina—Qu'Appelle, offered a historical review on the application of Standing Order 78. In his conclusion, he stated that the average length of time for the consideration of Government Orders in a typical week is approximately 4.7 hours per day, and that accordingly a motion allotting a rounded-up number of five hours was the equivalent of a sitting day. There have been multiple examples of time allocation motions under Standing Order 78(3) allotting five hours for the second reading stage, for report stage and for third reading stage.

For all these reasons, the Chair does not see why the committee stage would be any different. I therefore rule that the motion is in keeping with the requirements of Standing Order 78(3).

The member for Sherwood Park—Fort Saskatchewan expressed concerns that the motion would prevent him from proposing amendments in committee that he considers important. Indeed, one of the consequences of a time allocation motion may be that certain amendments and arguments will not be presented at the committee stage consideration of a bill. In fact, the Standing Orders provide for such situations. It is not for the Chair to consider the consequences of a motion properly before the House. That is a decision for the House. The Chair's role is limited to determining whether the motion is in order.

The second point I wish to address is the power of the Chair in relation to Points of Order.

Some members argued on Friday that the Chair is required to hear as many points of order as are raised, even equating a failure to do so with censorship or a suspension of the Standing Orders. Certain members also asserted that the Chair is required to give reasons for decisions, and that a failure to do so immediately enables members to continue questioning the Chair’s ruling. This is not the case.

In a ruling given on June 4, 2018, at page 20170 of the Debates, my predecessor, the member for Halifax West, stated, and I quote:

It is well established that when making a case on either questions of privilege or points of order, members are expected to make brief presentations on the issue being raised. The Chair, once satisfied that sufficient information has been given, may inform the member accordingly....

Acting Speaker Devolin explained this well on June 13, 2012, at page 9374 of the Debates, when he stated, “...the floor is not the members' until they choose to stop. The Speaker has a right to terminate that discussion....That is left to the judgment of the Speaker.” This is to say that members do not have unlimited time to speak.

Additionally, once the Speaker has ruled or determined that sufficient information has been presented, it is not in keeping with our practices that members use new points of order, for it can be perceived as undermining and questioning the authority of the Chair.

This makes clear that the Speaker has the authority to decide how long to listen to an intervention in order to ascertain the argument being made. The Speaker can also decide how many points of order to hear on a matter before closing the discussion. Members do not have an unfettered right to raise as many points of order as they want for as long as they want.

I wish to especially insist on this point in the context of our hybrid sittings. By activating their own microphones, members can interrupt the proceedings, cancelling out the audio of the members duly recognized, and making it impossible for the interpreters to do their work. When the Chair has indicated that a decision has been made and the discussion is over, members are expected to respect the statement and not persist in raising points of order.

When considering a point of order, the Chair may rule right away or take the matter under advisement and return with a decision later. However, it is also possible for the Chair to provide an immediate ruling and return with more detailed reasoning at a later time.

For example, on March 21, 2007, Speaker Milliken ruled that an opposition motion on the Notice Paper was out of order, returning with a more detailed explanation as to why on March 29, 2007. An even closer parallel would be on June 12, 2012, when the Deputy Speaker heard several points of order in the middle of the question and comment period on a time allocation motion. She gave a brief ruling at the end of the period, allowing the vote on the motion to proceed, with the Speaker providing a more expansive ruling on July 18, 2012. This is the ruling I referenced earlier about the length of a sitting day. Therefore, it was perfectly acceptable for the Assistant Deputy Speaker to proceed as she did on Friday.

This brings me to my third point, about the need to respect the authority of the Chair. The Speaker is elected by members to apply and enforce the rules that members themselves have adopted to govern the conduct of business in the House. In this, I am assisted by the three other Chair occupants. But to carry out our work, we rely on the support, cooperation and good will of all members.

House of Commons Procedure and Practice, third edition, reminds us, at page 641, that and I quote: “Once the decision is rendered, the matter is no longer open to debate or discussion and the ruling may not be appealed.” It also states, at page 620, and I quote: “Reflections must not be cast in debate on the conduct of the Speaker or other Presiding Officers. It is unacceptable to question the integrity and impartiality of a Presiding Officer.”

The tone of debate has recently taken a turn for the worse. This past week, both sides of the House openly challenged rulings of the Chair. On Friday, derogatory remarks toward the Chair were heard. I recognize that there are moments when tensions run high and when disagreements are strong. However, disregard for our rules and established practices is not only disrespectful to those entrusted with the responsibility of maintaining order and decorum in deciding procedural questions, it is also disrespectful to the House as a whole.

On March 14, 2008, in a similar context, Speaker Milliken said, at page 4183 of the Debates:

Like all Canadians, and indeed all hon. members, I realize and respect that political exigencies often dictate the strategies adopted by parties in the House. However, as your Speaker, I appeal to those to whom the management of the business of the Parliament has been entrusted—the House leaders and the whips of all parties—to take leadership on this matter....I ask them to work together to find a balance that will allow the parties to pursue their political objectives and will permit all members to carry on their work. I am confident that working together in good faith they can come to an agreement that will return us to the equilibrium that our procedures and practices have been designed to protect.

I come now to my final point, which concerns the status of the time allocation motion moved Friday. For the first two decades of their existence, time allocation motions were subject to a two-hour debate. However, since 1991, such motions are no longer subject to debate. In 2001, following a recommendation of the Special Committee on the Modernization and Improvement of the Procedures of the House of Commons, the House instituted a 30-minute question and comment period when a time allocation motion is moved under Standing Order 78(3). The intent of this change was to promote accountability and to require the government to justify its decision. This change did not, however, render a time allocation motion debatable, set down on the Order Paper and carried over from sitting to sitting. It is to be decided forthwith, meaning immediately, that is, during the sitting in which it is moved.

Time allocation motions and closure motions are non-debatable motions where the question is not put on them right away because of the 30-minute question and comment period. What then is to be done when the House cannot complete this period?

The Chair has looked at a variety of precedents. On March 7, 2012, the House began a question and comment period at approximately 5:10 p.m. Proceedings were not interrupted at 5:30 p.m., but instead continued until 30 minutes were completed. On April 30, 2015, the question and comment period was interrupted for the first time in order to proceed to Statements by Members. In so doing, the Acting Speaker stated that he was only doing so as there would be an opportunity to complete the proceedings after Oral Questions. On June 6, 2017, the Speaker interrupted the proceedings at 5:30 p.m. to move to Private Members' Business, but the sitting hours had been extended and there was an opportunity to return to the motion later that day.

In those cases, the House resumed the question and comment period where it had left off, completed it and proceeded to the vote. Friday was the first occasion where the proceedings were interrupted for Private Members' Business and the House had no opportunity to resume the question and comment period before adjourning. In the future, the question and comment period on a time allocation motion or closure motion will only be interrupted if there is an opportunity to conclude proceedings in the same sitting. Where this is not possible, the House will continue with proceedings until a decision is made on the motion.

The Chair's role, as I said earlier, is to apply the rules the House itself has adopted. The House has provided for the time allocation motions on bills, including at committee stage, and has provided that they are to be decided forthwith after a question and comment period of 30 minutes. In the case of this motion, the appropriate notice was given, the form of the motion respects our Standing Orders, the motion was duly moved and seconded and the question and comment period began. So far, six and a half minutes have been used in that period. The appropriate course of action is now to conclude the remaining 23 and a half minutes and then proceed with a vote.

I thank the members for their attention.

Questions and comments.

June 7th, 2021 / 11:55 a.m.
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Liberal

The Chair Liberal Scott Simms

We're back.

First of all, I want to say a huge thank you to our technical staff for all of these breaks, suspensions and so on. Our technical staff handled it masterfully, I might add. We don't say that enough, but we thank you so much.

Let's get back to the amendments at hand. These are amendments regarding clause 7 that just came to us from the Conservative Party.

Mr. Rayes, I want to point something out before we go any further. I feel it's only necessary I do this in the course of debate.

We have from 9.2 up to 9.6 regarding clause 7, and they follow in succession. However, I would like you to have a look at CPC-9.4. The last three reference numbers are 725. I want you to have a look at that for a moment. There is a problem here in the sense that, as you know, we propose these amendments in the order in which they come in the bill itself, which is C-10.

What you're aiming to do in this case, by adding after line 2 on page 8 of clause 7, should have been moved before PV-21.1, which we debated at the last meeting and voted on at this meeting. It should have been done just before that. So CPC-9.4, 725, is not in its right order. The others are. I'm bringing this to your attention now in case you were hoping to incorporate that into your overall debate. Normally, I'd get to it and make a ruling, but I thought maybe you should know now before you proceed any further.

With that in mind, we return to our clause-by-clause consideration.

Right now, we are on amendment CPC-9.2. Again, the last three numbers of the reference number are 583.

Mr. Rayes, I'm going to give you the floor. If you need any points of clarification on the ruling I just made about 9.4, by all means, ask. In the meantime, you can proceed with CPC-9.2. We're still on clause 7.

Go ahead, sir, you have floor.

Sorry, sir, you're on mute. It's still Monday.

June 7th, 2021 / 11:35 a.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

I want to start by saying that the Internet and the sexual exploitation of children on the Internet existed before 2015. Your party was in power for 10 years. On the one hand, you did nothing about this issue, despite the existence of this phenomenon.

On the other hand, the sooner your party stops its systematic obstruction of Bill C‑10, the sooner...

June 7th, 2021 / 11:35 a.m.
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Conservative

Jacques Gourde Conservative Lévis—Lotbinière, QC

Could Bill C-10 have helped, yes or no?

June 7th, 2021 / 11:35 a.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Once again, your party opposes the passage of Bill C‑10, which has nothing to do with content moderation, while the hate speech and online harm bill specifically addresses the issue of content moderation.

Yet you say you oppose content moderation. You and many of your colleagues say that the government wants to take away your freedom of expression. The exploitation of persons bill will ensure...

June 7th, 2021 / 11:35 a.m.
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Conservative

Jacques Gourde Conservative Lévis—Lotbinière, QC

Thank you, Mr. Chair.

We have had some very disturbing testimony about underage children being exploited by platforms, and we need to take action. You told us you would put in place a new provision, new legislation, which probably won't come into effect for a year, a year and a half. We need to move much, much faster than that. We live in a society where our children are not protected, currently, from web giants.

How are you going to speed up the process? Why couldn't C‑10 close the loophole for now?

June 7th, 2021 / 11:35 a.m.
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Liberal

The Chair Liberal Scott Simms

No, we adjourn the debate. It's as simple as that. We then go on to what we were dealing with earlier, which was clause-by-clause on Bill C-10.

Is everybody okay?

June 7th, 2021 / 11:35 a.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Thank you for the question.

I find your question very cynical, as your party consistently opposes the passage of Bill C‑10, which is not about content moderation, but rather about web giants contributing to our cultural sector's artists and musicians.

June 7th, 2021 / 11:35 a.m.
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Conservative

Jacques Gourde Conservative Lévis—Lotbinière, QC

Minister, would it have been possible to include a provision in Bill C‑10 to regulate platforms like Pornhub so as to finally protect our children, who are going through unspeakable things right now?

June 7th, 2021 / 11:30 a.m.
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Bloc

Martin Champoux Bloc Drummond, QC

When someone moves an amendment to a motion, a debate is obviously supposed to follow.

Fundamentally, I'm somewhat resistant to the idea of doing things out of order. I am of the mind that we should discuss Bill C‑10 as long as possible because I firmly believe that we should pass it. Obviously, my first choice is not to extend into the summer, but if we must, let's do it.

I put forward an amendment to ensure that, if Ms. McPherson's motion was adopted, the discussions under way between the party leaders would not interfere with the decisions we made here, in committee. I simply wanted to make sure we were going to do things in an orderly way.

That said, as was pointed out earlier, there is no point holding additional meetings if we are going to spend them dragging things out, filibustering and preventing Bill C‑10 from ever seeing the light of day, because there are groups who are strongly opposed.

I wanted to make clear my intention, which is essentially to give us some peace of mind in light of the discussions between the party leaders, should Ms. McPherson's motion be adopted.

June 7th, 2021 / 11:30 a.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

It will not be done through Bill C-10, yes, that is correct.

June 7th, 2021 / 11:30 a.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

I just need you to say yes or no. Bill C-10 is not going to be the means by which you regulate Pornhub. You'll have something else—another regulator or some other process?

June 7th, 2021 / 11:30 a.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

It's not about content. BillC-10 is not about content moderation, which is also something I've said a number of times in the past.

June 7th, 2021 / 11:25 a.m.
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Liberal

Julie Dabrusin Liberal Toronto—Danforth, ON

Mr. Chair, I want to revisit the point that there's absolutely a need to move to time allocation, because we could sit all summer. We are going through entire meetings without voting on a single amendment. For the past several meetings, even when we do vote on an amendment, it's one or two a meeting. At that pace, we will not complete the study of Bill C-10 . We will just keep going for months and months and months.

I do believe there's a bit of a disconnect, if anything, on that, to say that if we just add in a few more meetings this summer we'll be able to complete it. That's clearly not what's been shown over the past weeks and even, I would say, months.

June 7th, 2021 / 11:25 a.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Bill C-10, as I've said a number of times, is about cultural content. It's about ensuring that the web giants pay their fair share, and that our artists are fairly compensated for their—

June 7th, 2021 / 11:25 a.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Are you saying that Bill C-10 is not covering Pornhub?

June 7th, 2021 / 11:25 a.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

That's an excellent question.

I would like to clarify something first. Regarding online cultural content issues, which are addressed in Bill C‑10, obviously some political parties have decided to join the big companies like Google and YouTube rather than support our artists. As for media compensation, Facebook reacted very strongly in Australia.

As for online harm and hate speech, several social media platforms have publicly called for government intervention, perhaps because they feel they are losing control of the situation. I'm not saying that they all have. I've personally met with most of these large platforms that have a presence in Canada. They obviously won't agree with everything that's going to be in the legislation—I've never seen a company agree with all of it. They do agree that more and more governments need to step in on this issue to help them.

Let me come back to the argument about the dark web. It's somewhat like saying that we should not put criminal sanctions in the laws, and eliminate them all instead, otherwise people will hide to commit their crimes. It may happen, but that's no reason to do nothing.

Honestly, the percentage of people who have the technical skills to access the dark web is very small. So we need to put the necessary laws in place. We won't solve everything, but with these laws we will solve a lot of the problem.

June 7th, 2021 / 11:20 a.m.
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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

That's fine.

Ms. McPherson, I think what you're trying to do is very noble. We, on our side, have no problem continuing the discussion on Bill C‑10. As we have repeatedly pointed out, the bill has numerous flaws. It's a complex piece of legislation that was poorly thought‑out from the get‑go; it has undergone all kinds of amendments, with more on the way—very significant ones, I might add. I do not see how we can pass this bill without having had the time to take a comprehensive look at it.

Ms. Dabrusin said it was a bit late. Personally, I find it a bit early since we are expecting a time allocation motion to be put forward today. That would bring the committee's work to an end. With a time allocation motion, the Liberals are choosing to put an end to the work before the committee, even though we are constantly told that committees are independent.

I don't necessarily want to propose an amendment to your motion, Ms. McPherson, but I do have something to suggest, ever so politely, of course. Should we not put off consideration of your motion until Friday, to see whether the Liberals follow through on their ultimatum and move a time allocation motion? If they do, it will render your motion unnecessary. If they do not, your motion will be entirely appropriate.

That is my humble suggestion.

June 7th, 2021 / 11:20 a.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Thank you, Ms. Gaudreau. Good morning. I wish you a good Monday as well.

I am as disappointed as you are to see the lack of ambition of some of the other parties in the House with respect to the passage of Bill C‑10. However, we are not here to talk about that.

Canada is among the lead countries in addressing this issue. The countries I named earlier, which can be counted on the fingers of one hand, are among the only ones that are currently taking action.

It was at Canada's initiative that a coalition of countries was created that are committed to working together, not only on the issue of hate speech and other online harm, but also on cultural issues. Several countries are very interested in what we are doing with Bill C‑10 and with respect to media compensation. This sort of informal coalition of countries is working collaboratively at Canada's initiative. In a few weeks, an announcement will be made about this joint international work.

Of course, a country like ours needs to have legislation that addresses the issue of online harm. However, this is indeed a global problem, and it needs to be addressed on a global level. That's why we formed this coalition of countries. Right now, there are only five of us, but I suspect that before long, many more people will be around the table.

June 7th, 2021 / 11:20 a.m.
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Bloc

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

Thank you, Mr. Chair.

Good morning, Minister. I hope you are well on this Monday, as we approach the end of the parliamentary session.

First of all, I congratulate you on all the work you have done on Bill C‑10. Of course, I am very disappointed with what is happening right now. In December, the committee made a point of meeting with witnesses to get to the bottom of everything that was going on with child pornography. However, because we are on the Standing Committee on Access to Information, Privacy and Ethics, we had to address other issues.

Today, I would like to shed some light on all of the testimony that we have heard. Initially, our motion was to invite Pornhub executives. We've heard a lot of comments, and I'd like to express a concern that I have.

We talked about the Five Eyes group and how this is a global issue. That being said, our current position is unfortunately not at the forefront. As you said earlier, other countries have already introduced similar legislation or are in the process of doing so. Canada does not have any concrete bills in the works on this topic.

How is Canada positioning itself? How do we position ourselves internationally in terms of protecting our fundamental rights?

June 7th, 2021 / 11:15 a.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Thank you, Mr. Chair.

I support and applaud what my fellow member Ms. Dabrusin just said in relation to the Conservative member's recent comments in the Lethbridge Herald about her party's position on the situation of artists. Frankly, I was very concerned by the party's view of the cultural sector as well as its read on Bill C‑10, which I think is completely wrong. No doubt, we'll have a chance to revisit the matter later.

I want to speak to Ms. McPherson's motion. As everyone knows, the party leaders are in the midst of negotiating next steps regarding a summer schedule. The committee can't decide to sit in hybrid format until the powers that be have come to an agreement.

In light of that, I think we would do well to propose an amendment to Ms. McPherson's motion, specifying that the motion is conditional on the outcome of the discussions between the party leaders.

I am not suggesting Ms. McPherson's motion has no merit, but I do think we should take into account the talks under way, which will certainly override some of the committee's decisions.

I therefore move that the motion be amended by adding wording to the effect that it is conditional on the outcome of the discussions between the party leaders.

Canadian Multiculturalism ActPrivate Members' Business

June 7th, 2021 / 11:15 a.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I would first like to say how much I appreciate Quebec, its culture and its people.

Quebec makes an enormous contribution to Canadian culture. I understand that some Bloc members doe not really like multiculturalism, but I personally believe that Canadian multiculturalism helps Quebeckers preserve their culture and share it with the rest of the country.

As a result of Canada's openness to different cultures, including French culture, we have French-language schools across the country, including in my riding of Sherwood Park—Fort Saskatchewan in Alberta.

My riding also has English-language, Christian and other educational institutions, which offer students a diverse range of educational options. Having other schools does not have a negative impact on our local French-language school, because all these schools coexist.

We can say the same thing about the global culture of Sherwood Park—Fort Saskatchewan. My riding has a diverse population with people of different backgrounds, but we stand united behind our Albertan and Canadian identity while maintaining personal cultural traditions. That is multiculturalism.

Multiculturalism is not new to Canada. There are hundreds of indigenous nations in Canada. The French and the British arrived later in this country, followed by other Europeans. We were already a multicultural people before Confederation, and when Canada was founded, people started to share their nationalities with others from different cultures and religions. It goes without saying that this process was not seamless, but we must accept that a multicultural society is not a utopia.

Nothing in this world is perfect, but I believe that the advantages of a multicultural society outweigh the disadvantages. I support the principle of pluralism, which is a political philosophy holding that people of different beliefs, backgrounds and lifestyles can coexist in the same society and participate equally in the political process. I believe that Canada is an example of a successful pluralism, in which people from all cultures, beliefs, faiths, races and sexual orientations are proud to call themselves Canadians.

As some may know, multiculturalism is something I am passionate about. Quite often I feel like we underestimate it both in terms of what it demands of us and the possibilities it represents. Multiculturalism can be challenging when it calls on us to live with and understand things that are unfamiliar to us, but it also provides us an enriching opportunity to have a deeper and intimate understanding of a much broader range of human experiences that we get through different cultures and traditions.

In a society with limited diversity, we would be ignorant without knowing it. In a more diverse society, ignorance can lead to moments of discomfort, but those moments of discomfort can give us the opportunity to learn and grow if they are associated with grace and humility.

When diversity leads to learning and growth we end up with a society where we all know much more about the world around us, one where we can not only savour all sorts of differences, but where our thoughts and conversations can be imbued with the wisdom of teachers and statesmen around the world.

The creation of this type of multicultural society that works has value and presents tremendous opportunities.

Multiculturalism and the knowledge that is gained from it can make us better artists and philosophers, better able to search for individual and collective happiness because we have access to more data, thanks to our personal relationships and conversations. Multiculturalism can help us resolve more problems by applying various problem-solving techniques, allowing us to become unique world leaders who use our cultural understanding to negotiate peace agreements that previously would have been unimaginable. Finally, multiculturalism is an opportunity to create wealth through our ability to engage in respectful trade with countries from all over the globe without being intimidated or manipulated.

There is a lot more we need to know to practise multiculturalism properly, but the knowledge that we gain about other cultures along the way will help us to do much more than simply avoid offence. When we do not understand a culture, it is easy to make erroneous snap judgments and engage in xenophobia. It is important to be open-minded when trying to understand people. If we do not, we will never have a successful, diverse society. That is why diversity of opinion is so critical. It enables members of an ethnically diverse society to co-exist and understand each other.

I would like to take a moment to talk about the Canadian Multiculturalism Act and explain why it is important that it apply to all of Canada, including Quebec.

The purpose of the act is to preserve and enhance Canada's cultural diversity. It was introduced in 1971 with the hope that it would guarantee the cultural freedom of all Canadians.

Freedom is a Canadian value. I am someone who values freedom, and that is one of the reasons why I am opposing this Bloc Québécois bill today.

I always oppose attacks on freedom. That is why I am also against Bill C-10. The government says that Bill C-10 seeks to advance diversity, but, in my opinion, freedom of expression is essential to do that.

Quite frankly, I am concerned about the repercussions on religious minorities if the Canadian Multiculturalism Act does not apply in Quebec.

Discrimination against religious and ethnic minorities is a problem in all regions of Canada. Conservatives understand the constitutional jurisdictions of each level of government, but we will always act within the federal jurisdiction to protect minority rights.

I do think it is important to recognize that the discourse on the issue of multiculturalism is a little different in Quebec than in other provinces. Given that Quebec francophones are a minority in Canada, I can understand why they want to protect their culture and especially their language.

Unlike some members, my Conservative Party colleagues and I recognize that the French language in Quebec is in decline, and this issue must be addressed. However, unlike some other members, I do not believe that assimilating minority communities or opposing multiculturalism are effective responses to this problem.

The fact is that many immigrants who settle in Quebec speak French, especially those from Haiti, Africa, Morocco and Algeria and from Middle Eastern countries such as Lebanon. All these cultures are proud of their French while maintaining their cultural and religious traditions.

Multiculturalism can be a major asset for Quebec when it comes to attracting new francophone immigrants and strengthening the presence of French in North America.

I would now like to briefly address the issue of religion in this debate because it appears in the preamble to the bill. I understand that when an individual or community has a negative experience with a religious organization, that causes pain and a desire to get as far away as possible from the source of that pain. However, hypothetically, repression in the name of secularism can happen too and can be just as harmful as repression in the name of a given religion.

I believe that the political community should focus on freedom, pluralism and freedom of religion. I do not think the state should impose a particular point of view on religious matters or practices. That is the real idea behind the separation of church and state. The idea is not about actively marginalizing people for practising their faith; it is about giving people the ability to decide what they believe in and how they interpret these beliefs.

Multiculturalism and pluralism are an expression of the universal human desire for freedom of choice and freedom to seek the truth on fundamental issues without interference from the state. Multiculturalism is important and must not be exercised at the expense of Quebec's rich culture. I think it can even improve Quebec culture, especially with respect to the French language and the fact that more immigrants speak French.

Although I am in favour of preserving Quebec's rich culture, I do not support a bill that could wind up leading to cultural assimilation. We need to work on improving multiculturalism—

June 7th, 2021 / 11:10 a.m.
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Liberal

Julie Dabrusin Liberal Toronto—Danforth, ON

Thank you.

I agree with Ms. McPherson that extra time would have helped, certainly at the beginning, to try to move this forward. In fact, several times at the beginning of the study of Bill C-10, I tried to get extra time for extra meetings so that we could move through this quickly.

We have now reached a point where, in the last meeting, we did not vote on a single amendment. Adding extra meetings during the summer isn't going to help us get to where we need to be because at this point, we have just reached a standstill. Quite frankly, Ms. McPherson is well aware that there is a motion for time allocation and I would hope she would support that so that we can put this important bill forward and make sure that we are doing what we need to have web giants pay their fair share and to support Canadian artists.

I would point out that the Conservatives have been filibustering here at committee, as is their right to do by parliamentary procedure, the same as it is our right to bring forward a motion for time allocation.

I would like to point out to Ms. McPherson that I think it's been laid bare at this point, when I am looking at statements that have been made by the Conservatives, that the issue here isn't about freedom of expression that they are really pushing for. In fact, I would just point out what Ms. Harder stated to her local press about Bill C-10 specifically, and what is trying to be done. The quote I have is:

These artists are not able to make a living off of what they are producing, so they require grants that are given to them by the government. And so these little, niche lobby groups composed of outdated artists are going to the Liberal government and asking them to charge these large streaming companies in order to bring about more money to put into these grant funds so these outdated artists can then apply for that money so they can continue to create material Canadians don’t want to watch.

That's the fight we're in about Bill C-10 right now. That is saying that artists like the Arkells or shows like Heartland are not things that Canadian want to watch, and that we shouldn't be supporting, as a government. I don't believe that's true.

My question for Ms. McPherson is, is she going to support time allocation so that we can move forward to support artists, or is she going to take the position that these are outdated artists whom we don't need to be providing support for?

June 7th, 2021 / 11:10 a.m.
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NDP

Heather McPherson NDP Edmonton Strathcona, AB

Thank you, Mr. Chair.

I brought forward a motion last week for this committee because I am quite concerned that we are not progressing through Bill C-10 at the rate that I think we all want to. I hope that everybody on this committee is interested in making sure that we get the very best piece of legislation that we possibly can at the end of this clause-by-clause process, and that we are all being very propositional to add amendments to try to make this the very best legislation we can, which will protect the Canadian broadcasting landscape, protect Canadian artists and our cultural sector, which is vitally important, and also ensure that Canadians' freedom of expression is protected.

I want to be as propositional as I can. I want to work with all committee members to make this happen. I know it's extremely important legislation. As we know, it has not been updated in 30 years and it's well overdue.

I know there are times during July and August that we are unable to sit, and I do also realize that this would mean we would be sitting, in person, in Ottawa, but I would like to propose that the committee take the decision to sit into July and August to ensure that we have time to complete this work. I think that allocating to stop the debate and to stop the conversation on Bill C-10 would cause a lot of problems, because we won't have had time to go through the important amendments that I know all parties are putting forward.

That said, I also think that filibustering and not letting us get this work done is also a mistake. This gives us a little bit more space, a little bit more runway to get a good piece of legislation.

June 7th, 2021 / 11:05 a.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

I respectfully disagree with the premise of the question. What we see here in Canada, and frankly, all around the world, is that the tools we have to deal with these harms in the physical world just aren't adapted to deal with them in the virtual world.

Let me give you an example. In 2019, the RCMP saw a 1,106% increase from 2014 of reports regarding child sexual exploitation online. This exploitation disproportionately impacts girls. In 2019, the RCMP found that girls made up 62% of identified Canadian victims depicted in online child sexual exploitation material.

I did say I was hoping to introduce this legislation in January. Unfortunately, the systemic obstruction by the Conservative Party regarding Bill C-10 has prevented me from doing so. However, I am still hoping to table this bill as soon as possible.

June 7th, 2021 / 11:05 a.m.
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Conservative

Shannon Stubbs Conservative Lakeland, AB

I'll take that as a “no” for Bill C-10.

Witnesses said previously that Canada's Criminal Code “child pornography” definition is among the world's broadest. It bans images, audio and written forms. Platforms are already liable for circulating illegal user-generated content. There are circumstances in which a company becomes liable for something that somebody else said or did if the company knew about it in advance and published it anyway, or if the company was notified about it after the fact and failed to take action. These situations are very well documented with MindGeek and Pornhub. It seems the real and disturbing issue is a lack of application of the law and its enforcement.

In January, you said that within a few weeks you were going to create a regulator to stop child sexual abuse material and sharing of non-consensual images online. I'm just wondering why there hasn't been any serious progress on that. I have a couple of questions about that for you from survivors. What's the delay?

June 7th, 2021 / 11:05 a.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

I was invited to talk about our upcoming legislation regarding online harms, which I'm happy to do. If this committee would like to invite me to talk about Bill C-10, I would be happy to appear at another time to do that.

June 7th, 2021 / 11:05 a.m.
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Conservative

Shannon Stubbs Conservative Lakeland, AB

Thank you, Chair.

Minister, thanks for being here.

Just to start, do you think Bill C-10 is adequate to combat child sexual abuse material and rape and non-consensual material online?

June 7th, 2021 / 11:05 a.m.
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Liberal

The Chair Liberal Scott Simms

Welcome back, everyone, to clause-by-clause consideration of Bill C-10. This is meeting number 40.

(On clause 7)

As you know from the last meeting, we left off with amendment PV-21.1.

Ms. McPherson, you have your hand up. Is there something I can address?

June 4th, 2021 / 2:40 p.m.
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Liberal

The Chair Liberal Scott Simms

I'm not going to make a ruling on that, other than to state the fact that there have been discussions outside committee. That is true. I would not want us to get into a full-fledged conversation, although two parties in this committee have now discussed it.

I please ask, once again, that we stick to the clause-by-clause that is before us, on Bill C-10, and we are currently on PV-21.1, an amendment moved by Mr. Manly.

Ms. Harder, you have the floor again.

June 4th, 2021 / 2:40 p.m.
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Liberal

The Chair Liberal Scott Simms

Hold on one second, everybody, please.

I gave Mr. Housefather quite a bit of latitude here to talk about the process we're working through here. I'm affording Ms. Harder the same, although Ms. Harder might.... That can only go on for so long, because, as Ms. Dabrusin pointed out, we are on PV-21.1.

Some people refer to the debate that has happened in the House. I have absolutely no instruction from the House, other than what we are doing right now, which is that we're in the middle of clause-by-clause on C-10.

Ms. Dabrusin, yes, she does have the floor following Mr. Housefather.

Ms. Harder, you have the floor.

June 4th, 2021 / 2:40 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Thank you so much.

Mr. Chair, interestingly enough, the member who just spoke before me brought up a really good point, and that is that he feels the members of this committee—in particular, I think referencing the members who are on the Conservative side of the table—are frustrating the process. I can understand that he feels maybe a little bit frustrated by that process.

Nevertheless, there is something very important that is going on here. In the same way that he felt it was necessary to clarify that for the Canadian public who might be watching today, I feel that it's very important to further clarify.

Right now at committee, we are discussing Bill C-10, clause by clause, which means that we're going through it line by line and we're determining which parts of this bill are great and should move forward and which parts of this bill may be questionable. Perhaps there are some that need to be amended. Maybe there are even some subamendments that are necessary in order to help strengthen this piece of legislation. In addition to that, there may be some parts of the bill that need to come out altogether.

June 4th, 2021 / 2:15 p.m.
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Director General, Broadcasting, Copyright and Creative Marketplace Branch, Department of Canadian Heritage

Thomas Owen Ripley

What the minister had said, Mr. Waugh, was that he intended to bring forward the policy direction following royal assent of the bill and to ask for the first tranche of regulatory work to be completed in the nine months. That first tranche primarily includes putting in place a framework whereby the online undertakings—the online broadcasters—would be required to contribute.

I think there is recognition that it would ambitious to expect everything related to C-10 to be completed in nine months. That's why that first phase would focus on having the online undertakings contribute, with a two-year horizon for all of the work to be completed.

June 4th, 2021 / 2:05 p.m.
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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Thank you, Chair.

Welcome to the officials of the Department of Canadian Heritage.

I, too, want to thank Mr. Manly for his efforts in bringing forward amendments to the Broadcasting Act. As you've all talked about, it hasn't been updated for 10 years. I think for the last several months we forgot about the conventional broadcasters. We've dipped into the digital world, and when we first started this it was all about the conventional broadcasters, who are suffering badly in this country.

Many radio and television stations are leaving the airwaves almost monthly. Mr. Manly would know that because he was a part of community radio for many years. He's a producer. It gets harder and harder to sell a product when there is black on TV channels. I look at B.C. and see that all the radio stations out there have gone dark over the last year, and he's seen that too.

I want to thank Mr. Manly for talking about the point system, because it's very complicated. You need the score of six out 10. When we talk about Canadians.... Where is it being shot? Where is it being produced? Who are the actors or actresses involved? Then there's the MAPL system. Those are the discussions we can't forget about here in committee, Mr. Chair. I want to thank Mr. Manly for bringing that out, because he's been involved in community radio for decades, and as a producer he gives us some insight into that.

To the department officials, this is an interesting proposition, because Ian Scott, the current chair of the Canadian Radio-television and Telecommunications Commission, came to the committee on March 26. Now what we're seeing, and the departmental officials have acknowledged this today, is that this will be an operational challenge. Since proposed section 4.1 was eliminated in April, Mr. Scott hasn't had the ability to talk about the CRTC.

When Mr. Scott was in committee and I asked him point-blank whether he had the capability to enforce Bill C-10, the first answer coming out of his mouth was “yes” but that he had to go to Treasury Board. We all know what that's going to be, asking for more money on behalf of the CRTC to operate this. It is a concern.

Mr. Ripley, I'm just going to ask you this, because like I said, on March 26 we had the CRTC in front of us, and then we've seen all of these changes and operational challenges. What you've told us here today will be front and centre with the CRTC. Could you elaborate on those operational challenges, not only money-wise but with the capacity of the CRTC?

You have heard me and Mr. Manly talk about the capacity of the CRTC for years. They give the seven-year licences and then walk away, and then come back six and a half years later to have a peek. When I hear operational challenges tied into the CRTC, wow, I see a red flag.

I will leave it up to the department officials. I would like you to explain the operational challenges to the committee as we move forward with this amendment. What are the operational challenges that you, as a department, see the CRTC will have to be aware of going forward here?

This is for anyone in the department.

June 4th, 2021 / 2 p.m.
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Director General, Broadcasting, Copyright and Creative Marketplace Branch, Department of Canadian Heritage

Thomas Owen Ripley

Perfect. Thank you, Mr. Chair.

Bill C‑10 sets out the regulatory power to implement a registration system to help the CRTC administer the system. The CRTC would then know whether an online undertaking was operating in Canada, for instance. That is why the bill grants the power.

Of course, with the removal of new section 4.1, as initially proposed, and the inclusion of social media in the bill, regulations governing registration could apply to social media. However, I want to point out that the bill does not apply to users. Again, the powers granted under new sections 9.1, 10 and 11.1 really apply to online undertakings and traditional broadcasters.

The idea is not to establish a registration system that would apply to users. Again, the exclusion in new subsection 2(2.1) very clearly states that users are not considered to be broadcasters and are not subject to CRTC regulations. The requirement to register with the CRTC applies instead to social media services and other online undertakings.

June 4th, 2021 / 1:35 p.m.
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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Thank you, Mr. Chair.

I want to start by thanking Mr. Manly for explaining his amendment, because it was clear he had concerns about the freedom of expression of certain creators and Canadians who post content on the web. I think he has the right idea in mind. Like us, he is trying to remedy Bill C‑10's failings.

I do have a few questions for the experts, though. Perhaps Mr. Manly can chime in as well.

As per Mr. Manly's amendment, the end of new paragraph 9.2(a) reads “except where the Canadian creator of a program has voluntarily chosen to be subject to the Act for discoverability purposes”.

I have to wonder because the explanatory note provided to the minister by justice officials does not refer solely to Canadian creators of programs, as we imagine them when we think of traditional broadcasters. The purpose is to apply the act to digital broadcasters in the same way it applies to traditional broadcasters.

Like a number of experts, former senior CRTC officials and other Canadians, the Conservatives are concerned about all Canadians who upload content on social media platforms or use web-based applications, whether for exercise or gaming. The explanatory note even states that, under Bill C‑10, the CRTC could possibly regulate audiobooks and podcasts. It refers not just to Canadian creators of programs as we think of them, but also to anyone who currently downloads or transmits information via web-based platforms and applications.

How will the government or CRTC make sure 38 million Canadians have prior knowledge that they can voluntarily choose to be subject to the act for discoverability purposes? That is my first question for the experts.

Second, who will that obligation fall to? The CRTC or the government? Am I mistaken to think that, should it be adopted, Mr. Manly's amendment would give rise to an obligation to inform all Canadians of this option?

Mr. Manly can give his take, if he likes, but I'd like to hear from Mr. Ripley first. Actually, Mr. Chair, you can decide who should have the floor.

June 4th, 2021 / 1:20 p.m.
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Liberal

The Chair Liberal Scott Simms

I was going to say meeting 40, but I knew that was wrong.

This is meeting 39. We are dealing with clause-by-clause consideration of Bill C-10.

Welcome, everyone. As was pointed out earlier, we are virtual except for two members who are sitting in our committee room. That might be a positive sign of things ahead.

(On clause 7)

Nevertheless, we will start with PV-21.1. As I mentioned, it has been deemed moved. It's from the Green Party.

Mr. Manly, you have the floor.

June 4th, 2021 / 1:20 p.m.
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Liberal

The Chair Liberal Scott Simms

Welcome everyone to the continuing study of Bill C-10, clause by clause.

Welcome to everyone although I know we are missing one member at this point. We'll [Technical difficulty—Editor] shortly.

The way this normally works is that when the bells start ringing—I'm of the understanding they will be 30-minute bells—we break at that point. However, in the past when we've faced that, I have extended it to kind of finish what we were thinking about, as it were. To do that, I would need unanimous consent.

Before we came online, Mr. Rayes and I had the discussion about whether to continue or to end or suspend when the bells start ringing.

Mr. Rayes, do you want to start?

Procedural Role of SpeakerPoints of OrderRoutine Proceedings

June 4th, 2021 / 1:15 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Thank you, Madam Speaker, for recognizing me on the House of Commons floor.

Madam Speaker, according to the green book, the role of the Speaker is as follows:

The office of the Speaker must be distinguished from its incumbent, who requires the support and goodwill of the House in order to carry out the duties of the office. The Speaker’s authority and responsibilities as Presiding Officer in the House of Commons flow in large part from the Constitution and from the written rules of the House.

It goes on to say:

The duties of the Speaker of the House of Commons require the balancing of the rights and interests of the majority and minority in the House to ensure that public business is transacted efficiently and that the interests of all parts of the House are advocated and protected against the use of arbitrary authority. It is in this spirit that the Speaker, as the chief servant of the House, applies the rules. The Speaker is the servant, neither of any part of the House nor of any majority in the House, but of the entire institution and serves in the best interests of the House as distilled over many generations in its practices.

That is a powerful statement, “over many generations”.

Today, I rose in the House immediately following the party opposite moving a motion that called for time allocation on Bill C-10 in committee. When I rose in the House and I called a point of order, Madam Speaker, you immediately rolled your eyes at me. You did not know what I was going to say, which means that you made a judgment against me presuming that you knew what I would say.

Regardless, it is my right as a member of Parliament, my privilege, to be able to stand in this place and to have my voice heard. As the Speaker of the House, according to the green book that I hold in my hands, which is the document that directs this place, it is your responsibility to gain the support and goodwill of this place. When you fail to show respect and honour to each and every member on the floor of this chamber, you produce a lack of decorum, because chaos will ensue when there is no respect and when there is not mutual honour.

Madam Speaker, the fact that you started by rolling your eyes at me and then proceeded to ignore me every single time I rose in the House to raise a point of order is absolutely inappropriate. When I rise here, I rise as the member of Parliament for Lethbridge. I was duly elected by the people of Lethbridge to have their backs right here in this place. I do not speak with my own voice. I speak with their voices, and so, Madam Speaker, when you roll your eyes at me, you roll your eyes at more than 120,000 constituents who have elected me to be here on their behalf. That, Madam Speaker, is incredibly disrespectful and in disregard for democracy.

I invite you to consider those actions and I invite you to take the next steps forward.

Bill C-10?Time allocation motionPoints of OrderOral Questions

June 4th, 2021 / 12:15 p.m.
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NDP

Brian Masse NDP Windsor West, ON

Madam Speaker, I rise on a point of order. In response to the minister on Bill C-10, the NDP has supported the process to this point for Bill C-10, but we are waiting for a full discussion and the final bill to make our decision.

Canadian HeritageOral Questions

June 4th, 2021 / 11:40 a.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Madam Speaker, we are talking about free speech. The government's Bill C-10 intends to censor artists and creators who are achieving success online.

We were in the middle of going through Bill C-10 clause by clause in committee, which is the normal and right legislative process here in this place. The government does not want any more problems to be discovered with its bill, and it is plagued with them, by the way.

Why is the government shutting us down? It is nothing less than a gag order.

Canadian HeritageOral Questions

June 4th, 2021 / 11:40 a.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Madam Speaker, no other democratic country in the world uses its broadcasting act to censor what Canadians post online. Let that sink in for just a moment.

It would appear that the Prime Minister wants Canada to be likened to countries like North Korea and Communist China. Experts have called Bill C-10 the most regressive piece of legislation they have ever seen.

Why is the Liberal government so determined to rush it through, to silence our voices and to move on this piece of legislation that it is shutting down debate within committee?

Canadian HeritageOral Questions

June 4th, 2021 / 11:40 a.m.
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Laurier—Sainte-Marie Québec

Liberal

Steven Guilbeault LiberalMinister of Canadian Heritage

Madam Speaker, I would like to remind my colleague that the Bloc Québécois supports Bill C-10. The NDP supports Bill C-10. The Greens support Bill C-10. Obviously, the government supports Bill C-10 and artists across the country support Bill C-10.

The real question is, why has the Conservative Party decided to side with some of the wealthiest companies in the world, such as Google, instead of supporting our artists?

Canadian HeritageOral Questions

June 4th, 2021 / 11:35 a.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Madam Speaker, “how low can they go” is the name of the game when it comes to free speech with the Liberals and their attack, time and time again.

Bill C-10 undeniably threatens the voices of Canadian creators. MPs have contended for them by standing up for their voices and their right to both freely express and be freely heard. What the government is doing now is nothing less than a gag order. Censoring the voices of creators was not enough. Now it is having to stop members of Parliament from debating this atrocious bill at committee.

Why is that?

Canadian HeritageOral Questions

June 4th, 2021 / 11:35 a.m.
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Laurier—Sainte-Marie Québec

Liberal

Steven Guilbeault LiberalMinister of Canadian Heritage

Madam Speaker, the Conservative Party is attacking our artists and artisans. Every month that goes by, the Conservative Party is depriving Canada's artistic community of $70 million. Bill C-10 will make web giants pay. I do not understand why the Conservative Party has decided to stand with some of the richest companies in the world, such as Google, rather than support our artists.

Canadian HeritageOral Questions

June 4th, 2021 / 11:35 a.m.
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Laurier—Sainte-Marie Québec

Liberal

Steven Guilbeault LiberalMinister of Canadian Heritage

Madam Speaker, I would remind my colleague that Bill C-10 is the result of the Yale report, issued by a commission that worked for over 18 months and received 2,000 submissions from across the country.

Furthermore, Bill C-10 is supported by the entire arts community across the country. A petition signed by several thousand artists supports Bill C-10. As recently as last week, The Globe and Mail published a letter signed by several leading Canadian artists who also support Bill C-10.

The problem with Bill C-10 is that the Conservative Party unfortunately does not want to support artists.

Canadian HeritageOral Questions

June 4th, 2021 / 11:35 a.m.
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Laurier—Sainte-Marie Québec

Liberal

Steven Guilbeault LiberalMinister of Canadian Heritage

Madam Speaker, first, I would like to say that the premise of my colleague's question is completely false because public servants who are independent from the Department of Justice Canada conducted an independent analysis of Bill C-10 and the deputy minister appeared before the committee to say that Bill C-10 falls completely within the framework of the Canadian Charter of Rights and Freedoms.

The committee has already adopted a clause in Bill C-10 that states that the CRTC must exercise its power within the limits of freedom of expression, journalistic freedom and creative freedom—

Canadian HeritageOral Questions

June 4th, 2021 / 11:35 a.m.
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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Madam Speaker, in Bill C-10, the Liberals are attacking freedom of expression and net neutrality. Now, they are attacking the freedom of expression of the parliamentarians who are examining the bill in committee by imposing a gag order. That is unbelievable. The problem with the bill has to do with freedom of expression, and to solve it, they are imposing a gag order with the help of the Bloc Québécois.

Is there a Liberal in the House, a single one, who will have the courage to speak out against this undemocratic move?

Bill C-10—Time Allocation MotionBroadcasting ActGovernment Orders

June 4th, 2021 / 10:35 a.m.
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Bloc

Christine Normandin Bloc Saint-Jean, QC

Madam Speaker, I am pleased that we have come back to questions and comments. I will take the opportunity to say that despite the uproar around the current debate, there is no reason to abandon our decorum and lose our dignity as MPs. Some of the comments we have heard are cringeworthy to say the least.

The government's decision to move a time allocation motion to speed up the work in committee is not without consequence, as we have seen this morning. For months, Bill C-10 has been held up because it was so late getting passed at second reading and because of the Conservatives' systematic obstruction at the Standing Committee on Canadian Heritage.

Far too often we have seen the Liberals filibuster to impede the will of the majority of members of a committee. We saw that at the Standing Committee on Procedure and House Affairs, the Standing Committee on National Defence and the Standing Committee on Access to Information, Privacy and Ethics.

However, when it comes to Bill C-10, it is not just the committee that is being held hostage by the Conservatives, it is the entire cultural sector. We have a responsibility to be reasonable. Time allocation must be an exceptional measure—

Bill C-10—Time Allocation MotionBroadcasting ActGovernment Orders

June 4th, 2021 / 10:25 a.m.
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Liberal

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

Madam Speaker, as I was saying when making my fourth point, which was about freedom of expression, the deputy minister of justice appeared at committee and said that Bill C-10 was entirely consistent with freedom of expression in Canada.

Furthermore, with respect to legislation governing the CRTC, I would point out that the CRTC is not a state within a state and must also abide by Canadian laws, including the Canadian Charter of Rights and Freedoms.

Bill C-10—Time Allocation MotionBroadcasting ActGovernment Orders

June 4th, 2021 / 10:20 a.m.
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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Madam Speaker, the minister is using every trick in the book to make people believe that the Conservatives are anti-culture and standing in the way of Bill C-10. We all know the bill is bad. Many experts who testified at the Standing Committee on Canadian Heritage said so.

The bill now has over 120 amendments, more than one-quarter of which were put forward by the government itself, even though it wrote the bill. Every member of the committee did everything they could to fix the problems with Bill-C10. What the minister is not telling us though is that the work hit a roadblock when he decided to amend the bill midstream to include social media. That was when people, including experts, former CRTC commissioners and thousands of Canadians across the country, started raising objections.

The only reason why it is taking so much time to study a bill with over 120 amendments, not to mention all the proposed ones, is the work of the minister himself, who introduced a bad version of Bill C-10.

The government is therefore imposing time allocation on a bill that is fundamentally wrong because it attacks freedom of expression. The minister is attacking the freedom of expression of parliamentarians who are trying to do their job. I would like to know one thing. Instead of telling us that we are preventing work from moving forward and are anti-culture, could the minister explain to us how he can justify imposing—with the help of the Bloc Québécois, I might add—time allocation on parliamentarians while we still have 40 amendments to study together?

In committee, the main problem was that the Liberals opposed our request to hear from the Minister of Justice for two weeks before finally agreeing. If they had agreed from the beginning, we would have had two more weeks to work on this. If they had agreed to reinstate section 4.1 of the Broadcasting Act, as we tried to get them to do, we would be moving forward in a logical manner to try to fix this bad bill. How does the minister explain his mistake and his mismanagement of this file, which has brought us to a complete dead end?

Bill C-10—Time Allocation MotionBroadcasting ActGovernment Orders

June 4th, 2021 / 10 a.m.
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Ottawa—Vanier Ontario

Liberal

Mona Fortier LiberalMinister of Middle Class Prosperity and Associate Minister of Finance

moved:

That, in relation to Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, not more than five further hours shall be allotted to the consideration of the committee stage of the bill; and that, at the expiry of the time provided in this order, any proceedings before the Standing Committee on Canadian Heritage on the said bill shall be interrupted, if required for the purpose of this order, and, in turn, every question necessary for the disposal of the said stage of the bill shall be put forthwith and successively without further debate or amendment.

Canadian HeritageAdjournment Proceedings

June 3rd, 2021 / 8:15 p.m.
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Liberal

Julie Dabrusin Liberal Toronto—Danforth, ON

Madam Speaker, well, at least we have avoided repetition, but today we were talking about Bill C-10.

The government understands the need to act quickly. The regulations for the broadcasting industry need to be reformed because the current version of the act is over 30 years old and because, today, Canadian content is created in a very different context than it was in 1991.

I am happy to speak in support of Bill C-10. I look forward to the opportunity for our creators to travel all across our country, even to Alberta, to create these wonderful stories.

Canadian HeritageAdjournment Proceedings

June 3rd, 2021 / 8:10 p.m.
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Toronto—Danforth Ontario

Liberal

Julie Dabrusin LiberalParliamentary Secretary to the Minister of Canadian Heritage

Madam Speaker, Bill C-10 is an absolute priority for our government and for the cultural sector. It has been 30 years since the Broadcasting Act was modernized, before Canadians turned from video stores to streaming services to access their movies and shows. Over that time, foreign web giants have stepped into that void and they made money in Canada without any requirement that they contribute a portion of those revenues to our cultural industry.

We have an uneven playing field where traditional Canadian broadcasters have regulatory obligations and the foreign web giants do not. We are levelling that playing field, while creating greater support for an important part of our economy. I am happy that the member opposite raised the issue about cultural productions in Alberta because the Canadian cultural sector employs many Canadians across our country on shows like Heartland, which is filmed in Alberta.

Since Bill C-10 was introduced on November 3 of last year, the proposed legislation has received more than 20 hours of debate in the House of Commons. Even during that first debate in this place, the Conservatives vowed to block the bill. There have been more than 40 hours of dedicated study at the Standing Committee on Canadian Heritage. Witnesses provided over 100 in-person testimonies; dozens of written submissions were accepted and looked at. The bill itself is the response to a 2019 report called, “Canada's communications future: Time to act”, which received more than 2,000 submissions. All that is to say there has been considerable study and debate on this bill.

Having witnessed the Conservatives in power for the 10 years previous, once we formed government we ensured that all bills must be accompanied by a charter statement. The Department of Justice Canada's analysis has confirmed that Bill C-10 remains consistent with the charter's guarantee of freedom of speech, as has our supplemental analysis after amendments were made at committee. I would like to add that the original Broadcasting Act contains a section that remains unchanged, which states that it must be interpreted in a way that respects freedom of expression and journalistic and creative independence. That has been there for the past 30 years. We added a further clause, at committee, that repeats its protections specifically for social media companies. The bill is consistent with our right to freedom of expression.

I would like to go back to the amount of time that has been put into the study of this bill, which, over the past weeks, has included tremendous amounts of repetition. Every moment lost as a result of the Conservative Party of Canada's filibuster has deprived the Canadian economy of important investment in our culture and jobs. Each month, an estimated $70 million that Bill C-10 would add to our broadcasting, audiovisual, music and media sectors and would support the 170,000 people who work in those sectors is lost. Instead of going to our artists, creators and cultural workers, and Canadian stories, we are seeing that money remaining in the pockets of foreign tech companies.

In conclusion, Bill C-10 would even the playing field. It is not fair the way the system is working now. I understand the Conservatives have opposed levelling this playing field from the very beginning. That is their choice, but Canadians want fairness and that is what Bill C-10 would deliver.

Canadian HeritageAdjournment Proceedings

June 3rd, 2021 / 8:05 p.m.
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Conservative

Martin Shields Conservative Bow River, AB

Madam Speaker, tonight I will talk a little about Bill C-10. We have talked about free speech and net neutrality. There have been a lot of words mentioned by the minister about foreign big tech and the Conservatives supporting them. When I look at lobbying, and I look at all of those people from big tech, the Amazons, the Netflixes, the YouTubes, they are not coming to lobby me. There is a registry that shows who gets lobbied, and they seem to spend a lot of time in the minister's office, not mine, so I am not sure where he is getting that from.

There has been some discussion about tax. Yes, if businesses are doing business in Canada, we agree there should be a tax, but we are going to be honest about that because the users are going to be paying up to 50% more because of that tax. The Biden administration is saying that, if we tax those companies like that in Canada, there are going to be tariffs, so where is that cost going to go to?

We are talking about funding this for culture, but who gets it and where does it go? The parliamentary secretary was the chair of the heritage committee when we looked at where our funding was going for cultural groups in Canada. Is it a surprise that Alberta got 50% less per capita than the rest of the country?

Who decides where it goes? The CRTC is involved in this, but who is the Canadian Radio and Television Commission? It is made up of nine appointed commissioners, and if we look at the Yale report, which a lot of this supposed legislation in Bill C-10 is based on, it recommended that one has to live in Ottawa, the national capital area, if one is on the commission. That is interesting.

There are no minutes for the CRTC. It has no record of debates and no record of votes. Is this transparent and accountable? We know that in the private sector, algorithms have been developed for Amazon or Netflix. They have developed the algorithms, so, if people like a movie, it will suggest some more like it, or if we are buying one thing, it will suggest more we might like.

They are driven by profit and data. We know that, but now we are taking the content, which is what we object to at the CRTC. It did protect individuals, but it pulled off the protective content, so now the CRTC, these non-transparent commissioners, are going to develop algorithms that are driven not by data but by content.

Would someone have a concern about the content of an organization that is going to develop algorithms based on Canadian content? That means they are going to look at whatever they think is Canadian content and develop algorithms that say this one is more Canadian than that one. It will say we should be watching these Canadians more than those Canadians.

That creates winners and losers in our creators of Canadian content. We have 200,000 people who have created and uploaded their content. We have 25,000 people in Canada who have been very successful at making a living. Our concern is to protect individual rights, and the content should be left alone. That is freedom of speech and it should be net neutrality. That is why we are concerned about Bill C-10.

Bill C-10—Notice of time allocation motionBroadcasting ActGovernment Orders

June 3rd, 2021 / 5:40 p.m.
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Hamilton West—Ancaster—Dundas Ontario

Liberal

Filomena Tassi LiberalMinister of Labour

Mr. Speaker, it was not possible to reach an agreement pursuant to Standing Orders 78(1) and 78(2) with respect to the proceedings at committee stage of Bill C-10, an act to amend the Broadcasting Act and to make related and consequential amendments to other acts.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Canadian HeritageOral Questions

June 2nd, 2021 / 3:10 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, I am not sure it gets any easier than this. I mean, I am just asking some simple Canadian cultural questions to a Prime Minister who wants to protect Canadian culture. I thought this was going to be pretty simple, but he is right. It is not considered Canadian content, which is interesting.

This is important because, under Bill C-10, the government will instruct the CRTC to regulate what is Canadian and what is not, what makes the cut and what is out. Under the current stipulation as we have explored, Ultimate Gretzky does not make it and Canadian Bacon does not count.

Again, what is Canadian enough to make the cut under Bill C-10?

Canadian HeritageOral Questions

June 2nd, 2021 / 3:10 p.m.
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Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, Bill C-10 aims to level the playing field between creators and web giants. It requires big, powerful foreign streamers to provide information on their revenues in Canada, contribute financially to Canadian stories and music, and make it easier for individuals to discover our culture.

That is the part this government has always stood for, defending Canadian creators, defending Canadian content and promoting it the same way Canada has for decades by ensuring that there is a Canadian proportion on radio shows and TV networks. It is something we have always done to protect Canadians and Canadian culture, and we will continue to do so.

Canadian HeritageOral Questions

June 2nd, 2021 / 3:10 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, with Bill C-10, the government would promote and demote content based on its level of Canadianness.

Last week, I asked the Prime Minister if he thought the film Ultimate Gretzky fit within this category of Canadian. He seemed to think so, and of course most Canadians would also think so. After all, it is a film about a famous Canadian, and it is largely filmed in Canada. However, surprisingly, it is not. It is not Canadian. It does not make the cut, which is odd.

Under Bill C-10, what exactly will make the cut, Mr. Prime Minister?

Canadian HeritageOral Questions

June 2nd, 2021 / 3:05 p.m.
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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Speaker, it is depressing to hear our Prime Minister. The fact is that he is proving his opposition to net neutrality, he is attacking the freedom of expression Canadians enjoy on social media and he is looking for any means possible to give the CRTC more powers.

If he had been sincere in his desire to help the country's artists, he would have accepted our amendment on Monday. The Prime Minister is himself solely responsible for the failure of Bill C-10, along with his Minister of Canadian Heritage.

Why is he insisting on going down this path?

Canadian HeritageOral Questions

June 2nd, 2021 / 3:05 p.m.
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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Speaker, through Bill C-10, the Liberals are attacking freedom of expression and web neutrality. On Monday, the Liberal members of the committee voted against our motion to protect Canadians' freedom on social media.

Can the Prime Minister tell us why he insists on giving the CRTC more power to regulate the web and thereby attack the freedom of expression of thousands of Canadians?

Canadian HeritageOral Questions

June 2nd, 2021 / 2:30 p.m.
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Bloc

Yves-François Blanchet Bloc Beloeil—Chambly, QC

Mr. Speaker, it is all hope and no action.

Last week the Prime Minister made numerous statements about recognizing once and for all and without conditions the Quebec nation as a nation whose only official language and only common language is French.

However his commitment to French in Quebec and across Canada needs to be meaningful. He needs to put his proverbial money where his mouth is. Bill C-10 is a measure that also helps protect and promote French, creators who create in French and performers who act and sing in French.

Does the Prime Minister not believe that he has a duty to bring in everything—

Canadian HeritageOral Questions

June 2nd, 2021 / 2:30 p.m.
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Bloc

Yves-François Blanchet Bloc Beloeil—Chambly, QC

Mr. Speaker, 17 days ago, the current member for Laurier—Sainte-Marie accepted my proposal to limit time for debate to ensure the passage of an act to amend the Broadcasting Act.

The goal is to make sure it passes before the end of the parliamentary session in order to protect Canadian ownership, new Canadian content and new French-language content, thanks to amendments the Bloc Québécois successfully introduced.

Instead, the Prime Minister prefers to bicker with the Conservatives on the sidelines, perhaps so that Bill C-10 will be defeated without him having to take the blame.

Are the Liberals really serious about protecting Canadian, Quebec and francophone artists and creators?

June 1st, 2021 / 4:25 p.m.
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Conservative

Kerry Diotte Conservative Edmonton Griesbach, AB

Ambassador, it's really good to see you. It's unfortunate that with COVID we can't be in person, but hopefully soon...all that good stuff.

I know Yvan was talking about having gone and observed the election. I did the same, and it really was one of the highlights of my career, especially seeing how Ukrainians really cherish democracy. There's a real lesson for Canadians in that whole thing.

As you know, we were both journalists, and you were probably more famous than I ever was. You actually worked very hard on the movement against censorship. We're kind of working right now, as the official opposition, against Bill C-10, which is kind of a censorship bill. That's neither here nor there, but why is it that the world is not hearing more about what's going on at the border with Russia? It just seems like the media's not there. What can be done? What's happening?

Canadian HeritageOral Questions

June 1st, 2021 / 2:20 p.m.
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Bloc

Yves-François Blanchet Bloc Beloeil—Chambly, QC

Mr. Speaker, the arts and culture sector expressed concerns about the initial version of Bill C-10, which amends the Broadcasting Act.

The Bloc Québécois proposed significant changes with respect to the ownership and effective control of businesses, new Canadian programming and new French-language programming. The Bloc Québécois also offered to ensure that Bill C‑10 is passed before the end of the session.

However, the government is squabbling with the Conservatives instead of moving ahead on Bill C‑10. Does the Prime Minister intend to ensure that the Broadcasting Act is passed this month?

Criminal CodeGovernment Orders

May 31st, 2021 / 6:10 p.m.
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Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Mr. Speaker, it truly is an honour to be standing here to speak about this very important bill, Bill C-6. As usual, I do my research, I write my notes and then I stand in the House of Commons and decide I am not going to talk about all the things in my notes, but will share some of the experiences I have had as an ally to the LGBTQ community, recognizing some of the relationships that I have built in this community as an ally and speak with their support.

Back in 2018, I was invited to view the documentary The Fruit Machine in Ottawa. The director brought forward this documentary speaking about what happened in the Canadian Armed Forces to members of the LGBTQ community from the 1950s up to the 1990s. It is their stories that we need to hear today; we need to talk about what actually happened.

To begin, I would like to thank Sarah Fodey for her work to bring this story to light. Sarah was the director of this documentary and stated:

I want people to leave this documentary angry that this [injustice] happened, and committed to talking about it in their own communities. I also want people to cry and laugh in parts of this film.... [Many of the survivors] have used humour as a way to cope, I suspect.... They are magnetic. You want to hear more from them because they make you laugh on the heels of making you cry. It's a beautiful combination.

We need to look at the history of discrimination against the LGBTQ community in Canada to reconcile what has happened and see how we can move forward. That is why Bill C-6 is something to move forward. I will be honest that there are some concerns. Those concerns are not so embedded in me that I feel we cannot overcome them, but I do understand some of them. We need to look at the history in Canada and what has happened to members of the LGBTQ community. We should have great shame. I know that back in 2018 there were formal apologies from all of the party leaders in the House to the members of the Canadian Armed Forces, the RCMP and some members of the civil service, who lost their positions and careers because they were identifying as members of the LGBTQ community.

I want to back go to the history. As I indicated, this goes back to when the fruit machine was being used. During the Cold War, Canada investigated federal employees and members of the Canadian Armed Forces deemed susceptible to blackmail by Soviet spies. This is 2021 and we do not see that anymore, but back then there was a huge concern that members of the LGBTQ community would be used as collateral. They would be used and held as collateral and they did not know what to do in those positions.

Homosexuality was grounds for surveillance and interrogation by the Royal Canadian Mounted Police under the directive of the newly established security panel. Over the course of four decades, thousands of men and women had their privacy invaded, their careers ruined and their lives destroyed because of this scientific machine and a disgraceful mandate that was put forward.

We ask what this machine was all about. To be honest, when we look at it, we can say it is like conversion therapy. They used this machine. They would hook people up and see whether their pupils dilated. For three years, members of the Canadian Armed Forces, the RCMP and the civil servants were put into this situation and had to prove they were not members of the LGBTQ community. This fruit machine was being used to test them, just like a lie detector machine. They were asked personal questions. The types of responses they gave, whether were they stressed or lying, were looked at. We have to understand the discrimination that so many members of this community had gone through while all they were trying to do was serve our great country.

The development of this machine was very riveting. Lots of people wanted to know about it, but it was a failure and after three years, its use was discontinued. The fruit machine story captures the imagination and is truly symbolic of what members of the LGBTQ community were feeling, like conversion therapy. I look at these two things as coinciding.

I look at the way members of our Canadian Armed Forces were treated and think of a story that was published in The Washington Post by Todd Ross, who was in naval combat. I want to read this to look at what we have done in Canada, how we can do better and how this bill would move us forward.

It states:

Todd Ross was a naval combat information operator on the HMCS Saskatchewan in 1989 when he was called out over the public address system, escorted off the destroyer by officers and told he was the subject of an espionage probe.

Over the next 18 months, Ross was given six polygraph tests and interrogated about his sexual orientation and loyalty to Canada.

Eventually, he broke down. Facing a two-way mirror, he admitted to a stranger what he had not yet told some close confidants.

“Yes,” Ross said. “I'm gay.”

The 21-year-old seaman was given an ultimatum: Accept an honourable discharge or lose his security clearance, effectively extinguishing any prospect of career advancement. He chose the discharge and returned home to New Brunswick, where only a few years earlier he had been named the province’s top army cadet.

Ross was one of thousands who lost careers in the armed forces, the Royal Canadian Mounted Police and other government agencies during the country’s notorious “gay purge” from the 1950s to the 1990s. A legal challenge brought the policy to an end in 1992. Now its victims are gaining greater recognition.

I want to talk about the person who actually started this process. I have been so fortunate to meet her, not only at the status of women committee as a witness, but also through this work she has done on the LGBTQ purge. Her name is Michelle Douglas. Many people are probably very familiar with Michelle Douglas here in Ottawa and the great work that she has done for the LGBTQ community. She was talking about her time in the Canadian Armed Forces. I want to read from a committee report. It said:

The Committee heard testimony that was consistent with the findings of the Deschamps Report: many witnesses described a sexualized and male-dominated workplace where a culture of abuse, discrimination and harassment based on gender, gender expression and sexual orientation exists. Women and individuals who identify as lesbian, gay, bisexual, transgender, queer, two-spirit or as other gender identities and sexual orientations...are disproportionately affected by sexual misconduct and harassment in the CAF. The Committee was told that, although there is a belief that the CAF is a “gender neutral” workplace, it is not the case. While women can perform brilliantly in military roles, some do so by conforming to and adopting “highly masculine behaviours and, for some, masculine world views, attitudes and values.” For this reason, witnesses stressed the need for cultural change to create a more respectful and inclusive workplace for all CAF members. Michelle Douglas, Chair of the LGBT Purge Fund, said:

I believe that the military's policy regarding inclusion, particularly towards women—both cisgender women and transgender women—is actually quite good. The military has, of course, all of the things that they must have: pay parity, access to career paths, family support and so on. The establishment of the Sexual Misconduct Response Centre is a good thing and so was the establishment [of things and practices to ensure that we can move forward.]

These are things that I want to talk about because I look at the fact that we are sitting here today and can see how far we have moved forward, but the journey is not over. For members of the LGBTQ community, it is a very important time. That is why I want to talk about what is occurring starting tomorrow, which is the beginning of pride month here in Canada.

I will be honest. Back in 2018, I was really excited to do 160,000 steps for pride. I had gone on the pride circuit and was joining members of the community across this country to celebrate who they are and the fact that they are just the same as me. They deserve the same rights, the same opportunities and equity in this great country.

As I said, pride is such an important time. With pride starting tomorrow, we have to understand where it started. This truly was a political movement. This was because of things that happened in places like the Canadian Armed Forces. We can also talk about New York and things that were happening down there.

This was born out of a fight for the rights of LGBTQ communities. We are doing a really good job when it comes to education, engagement and bringing people together to have these conversations. This is exactly why I am so proud to be a member of Parliament and to have great friends even within this chamber.

Outside the chamber, I also think of my dear friend Anthony who I love dearly and who should be clapping out there. It is great conversations with people like Anthony that help me move forward with my own thoughts. Having those types of conversations is very vital to understanding and education.

I will never walk in the shoes of a member of the LGBTQ community. I am a heterosexual woman who is married with five children. I have never been discriminated against because of who I have chosen to love, but I do understand that members of the LGBTQ community have. That is why I think we need to look at these important milestones.

We look back at 1969, when Canada decriminalized homosexual acts through the Criminal Law Amendment Act. Then we look at some things that happened in 1971. There was the first gay rights protest. Across the cities of Ottawa, Montreal and Toronto and in some smaller communities, hundreds of people gathered to protest and to bring forward the rights of LGBTQ communities. It was 1971. That was the year I was born. Fifty years later, we are still talking about it; we still can do better, and Bill C-6 is one of those ways.

I look at 1973, and pride week in 1973. It was a national LGBT rights event held in August 1973 in Ottawa, Vancouver, Toronto, Montreal, Saskatoon and Winnipeg, so even in two years we saw the growth of this.

However, there was still a lot of discrimination. We can look back at 1981 where, in Toronto there was Operation Soap. These were raids that took place. The police actually stormed bathhouses in Toronto and they arrested almost 300 men for being gay. This was Canada's stonewall. We hear a lot about the stonewall that happened and the movement of pride in the United States that had started to occur in 1969. Operation Soap was one of the largest mass arrests in Canada, and it was over 35 years ago.

When we look at those things, what can we do? We know that the police officers have apologized. The Toronto police chief actually came out and formally apologized. Those are ways of making amends. Those are ways of bringing us together so that we can start having those conversations. Once in a while, it is okay to say, “I did not understand” or “I did not get it”. Understanding what some of these men had gone through during Operation Soap is so important, and I really thank them.

In 1988, here in our own House of Commons, MP Svend Robinson came out as the first openly gay member of Parliament. Today, I know that there are many others and I am so proud because, at the end of the day, we are all here representing Canadians. Regardless of who we love, we are all people first and that is what we always have to remember when we are having these conversations. We are all equal. It does not matter who one loves. We are equal.

In 1990, we saw that there was a change, and the indigenous community started to gather in this, and that is when the term “two-spirited” was coined. This was just taking in the concept that when we are speaking about LGBTQ, we understand the rights of the indigenous people who are also of this community.

In 1995, sexual orientation was included in the Canadian Charter of Rights and Freedoms. These are things that are progressively getting better, making things better for all Canadians. I am so proud of that. We do know that back in 2000, once again there was another raid. This took place in Toronto and it was a lesbian nightclub that police raided this time. We ask, “why did they do this?” It was because people were homophobic. People were concerned with people's actions and sexual orientation. To me, it is no one else's business.

However, as we are talking about this, I do understand also some of the concerns I am hearing from those who are saying there needs to be a better definition. I can still have that conversation. I know that many members in this chamber will sit there and say someone is either right or is wrong. Sometimes they do not have to be right or wrong. Sometimes, there is just something that is so minute that it could make things a bit better. I was listening to my friend from Sherwood Park—Fort Saskatchewan and I know he is always pushing for just a bit better.

The reason I am looking at this is the testimony that was brought forward in committee. Timothy Keslick had an English interpreter there, and I want to read his introductory statement. It is just a little phrase, but this is where we need to talk and this is where talking always comes out better and we do not have to think of it as conversion therapy. Sometimes it is just understanding. In Timothy's opening statement, he stated:

Under this bill, this kind of therapy would be taken away from me. The bill doesn't make any distinctions between good therapy or bad therapy. The bill would capture my therapy as one that wants to reduce non-heterosexual attraction or, more specifically, sexual behaviour. Without realizing that my therapy isn't actually trying to stop me from dating any guy, it's simply trying to stop me from dating the wrong guy. It's there trying to help me avoid people and situations that would harm me and have already harmed me.

That is why I wanted to bring this up. When we talk about this, there are so many discrepancies on what conversations are, what “talk” is. I do understand. When we see bills like Bill C-10 that are just so poorly written come out from this House of Commons, I understand why many people will say that they cannot trust the current government, that they do not think the government is going to do exactly what they want.

That is why, when I look at this bill, I understand how the government so poorly writes legislation. I get it. It does not mean I have to agree with it, but I understand why there is some conflict within people.

If we look at Bill C-10, for instance, we know that it needs an amendment, but when the government gets the idea that it is right, it doubles down. On this bill it has doubled, tripled and quadrupled down. At the end of the day, I think it is so imperative that we have open and honest discussion. This is why we are having this discussion on what is good and what is bad therapy.

When we are talking about families, I think therapy helps remove the stigma, which is probably one of the most impressive things I have seen over the last couple of years. With COVID, we see that a number of people need to talk to people. I need to talk to people. My colleagues need to talk to people. Once in a while, we just need to bounce an idea off somebody else who is not a family member, or we need to bounce something off somebody who has been in the same situation.

I think of my own case. I do not know of any members of my family who are LGBTQ, and that is fine. Regardless, I am saying it is important that we have these conversations with our children, that freedom of conversation. I think of my son, who will be 18 years old in two weeks. It is important that I talk to him about sex. Members may ask why I want to talk to my 18-year-old about sex. It is because I want to ensure that he understands consent. I want to ensure he understands how to treat a woman. I want to ensure that he has a healthy relationship.

I have come from unhealthy relationships in the past and that is not a good thing. It takes a lot of time for people to be able to find that bright light, so sometimes having these talks is exactly what somebody may need. That is why when I hear some of my colleagues say that Bill C-6 is not a good bill, I understand why they would say the government writes poor legislation. We want to get it right.

I want to go back more to pride, the members of the LGBTQ community and why I will be supporting this bill overall. I look at the fact we have seen things such as the fruit machine here in Canada. We have seen this in our own backyards, where members of the RCMP, the Canadian Armed Forces and members who serve this great country were told they could not participate because they were gay or lesbian.

There is no space in this world or this country for people to not have equal opportunities because they are gay and lesbian. To me it does not matter who people love, as long as they can love. Those are the things I look at. These are the conversations we should be able to have, but because it is so political, we cannot have them all the time.

I have walked on behalf of the LGBTQ community out there, supporting it as an ally, because I know it is the right thing to do. I know that discrimination continues to happen. I have been in pride parades and had people yelling at me for walking in them.

I felt shame for that person who was yelling at me for walking in that parade, but I was so proud to be walking with those other thousands of people who are walking in them. If I am being yelled at as a heterosexual, I can only imagine how the people of that community feel. Sometimes that is what we need to look at.

This is about compassion. It is about how we help people. It is not about changing their sexual orientation. I do not believe that is something we should be focusing on. I believe in healthy lifestyles. I believe in healthy relationships. I believe in talk therapy when it is good therapy, not bad therapy.

I do not support conversion therapy and I never will, but I thank everybody for having these conversations, and I ask that we do better once in a while. When we have these conversations, let us not tell people they are wrong just because they are a Conservative. Instead, let us figure it out and find a way of getting there together. Unfortunately, in this place, sometimes we find that extraordinarily difficult.

I will be supporting Bill C-6. It is not perfect, but I believe in the principle. I feel eternally inside of me that I must support members of the LGBTQ community, and that is what I will do.

Criminal CodeGovernment Orders

May 31st, 2021 / 5:55 p.m.
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Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, I am pleased to rise in the House to debate this bill about a social issue. However, in 2021, we should not have to rise in the House under such circumstances because conversion therapy obviously no longer has a place in our society.

The Bloc Québécois supports Bill C-6. Why? The reason is that the Bloc Québécois is deeply committed to protecting and promoting the rights and freedoms of Quebeckers and has always been quick to combat discrimination based on sexual orientation. Equality between Quebeckers is a fundamental value and an inalienable right in Quebec.

Practices that deny the existence of a person's core identity must be condemned. Historically, Quebec has been a leader in human rights protection. The Quebec Charter of Human Rights and Freedoms has recognized sexual orientation as a prohibited ground of discrimination since 1977, and same-sex marriage was legalized by the National Assembly of Quebec in 2002, when it instituted civil unions.

From a moral perspective, within a democratic society, it is legitimate to affirm fundamental community values. In Quebec, respect for the gender identity and sexual orientation of all people is a value that the practice of conversion therapy undermines.

From a medical perspective, conversion therapy is pseudoscience. Not only is it dangerous and degrading for the patient, but many studies have also proven that it does not work.

The Bloc Québécois recognizes that the groups promoting these practices are tiny and in a minority. Moreover, the Bloc wishes to state that respect for beliefs must go hand in hand with respect for differences and the assurance of equality among people. I would add that the Quebec and Canadian societies are distinct societies, but they have much in common, particularly in terms of values.

Also, it is fitting that, on a number of subjects, they agree and adopt concordant policies that move toward the advancement of rights. The Bloc Québécois acknowledges the Quebec government's initiative to protect human rights and welcomes Quebec justice minister Simon Jolin-Barrette's Bill 70. The bill aims to put an end to conversion therapy.

The Bloc Québécois is also pleased that the Canadian government recognizes by means of this bill that, as a democracy, it is appropriate to affirm shared values and pass laws that govern practices arising from beliefs that are in conflict with those values.

For all these reasons, the Bloc Québécois feels that the Criminal Code amendments in Bill C-6 are appropriate.

What is conversion therapy? Here is the definition from a Radio-Canada article:

Conversion therapy, or sexual reorientation therapy, is psychological or spiritual intervention meant to change a person's sexual orientation or gender identity with the use of psychotherapy, drugs or a combination of the two.

In Canada, 47,000 men belonging to a sexual minority have been subjected to conversion therapy. According to the World Health Organization, these practices are a serious threat to the health and well-being of affected people.

The Canadian Psychological Association says that conversion or reparative therapy can result in negative outcomes, such as distress, anxiety, depression, negative self-image, a feeling of personal failure, difficulty sustaining relationships, and sexual dysfunction.

In 2009, the American Psychological Association released a study entitled “Resolution on Sexual Orientation Change Efforts”. According to the study, contrary to claims made by those who administer these treatments, they are ineffective and potentially harmful. The study also noted that attraction to individuals of the same sex is a normal variation of human sexual behaviour and that those who promote conversion therapy tend to have very conservative religious opinions. That might be the crux of the problem.

I would like to talk about an interesting point my colleague from Shefford raised. The government finally chose to not only prohibit conversion therapy but to criminalize it. According to people with first-hand experience, some of these therapies were more like torture than therapy.

I think we can all agree that this practice, which is promoted and supported primarily by religious groups, is based on the idea that homosexuality is unnatural and wrong, that it is one of the most serious sins and that it could lead a person straight to hell.

Unfortunately, homophobia still exists in 2021. Expressions of it can be seen practically every day. It is frankly unacceptable that religious groups continue to stigmatize homosexuality. People in this community should not have to live in fear any longer. Human beings should not be subjected to goodness knows what kind of therapeutic process to become someone they simply are not. Many of us know people in our circles who have admitted how hard it still is to come out of the closet and affirm their identity. This bill does not solve all the problems of the LGBTQ2S+ community, but it is clearly an important step in advancing the debate.

Today is May 31, and we only have 17 sitting days remaining before the break. As we know, Bill C-19, which will change how an election is held during a pandemic, was passed under a gag order. Parliament needs to act quickly. I think there is a good chance that an election will be called, and any bills left on the Order Paper would therefore die. As I said, we only have 17 days left to move forward with this bill and all the others.

I am thinking of my colleague from Drummond who has been working very hard to ensure that Bill C-10 is given priority in the House and that it passes quickly. There is also the Émilie Sansfaçon bill to increase EI sickness benefits from 15 weeks to 50 weeks. In the context of a serious illness, such as cancer, we must be able to do something. Now, the question is not whether we are for or against conversion therapy. I think we can agree that it has no place today.

The important thing now is to act urgently on this issue. We have a responsibility as parliamentarians to do so. We have no control over the timeline, since that is up to the government. If it were up to me, a government would have to complete all four years of its mandate and get through all of the debates that arise, so that bills can be carefully studied.

Bill C-6 on conversion therapy reminds us that we must act urgently. I urge all members of Parliament to reflect and remember that we still need to vote and the bill has to be sent to the Senate. We urgently need to move forward.

Also, we need to reflect on the importance of secularism, which is highly valued in Quebec. There are some ultra-conservative religious groups that are having a significant impact on people's lives. We have a moral responsibility to protect these individuals, given the rejection they often feel and the trauma that conversion therapy can cause. The purpose of this government bill is to provide protections.

Criminal CodeGovernment Orders

May 31st, 2021 / 5:10 p.m.
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Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Madam Speaker, I will begin my contribution to this sober discussion of Bill C-6 and the need to protect Canadians from conversion therapy with experiences in my own life where individuals have been harmed by being directed unknowingly or forced into inappropriate treatments against their will.

My first experience was in the medical field, when I was employed at Souris Valley Mental Health Hospital. From its beginnings in 1921, it was considered on the cutting edge of experimental treatments for people with mental illness. The facility had a reputation of leading the way in therapeutic programming. Early techniques included insulin shock therapy, hydrotherapy, electroshock and lobotomy.

A lobotomy is a form of psychosurgery, a neurosurgical treatment of a mental disorder that involves severing most connections in the brain's prefrontal cortex. It was used for mental disorders, usually defined by a combination of how a person behaves, feels, perceives, and thinks, and occasionally other conditions as a mainstream procedure in some western countries for more than two decades, despite general recognition of frequent and serious side effects. While some people experienced symptomatic improvement with the operation, the improvements were achieved at the cost of creating other impairments. The procedure was controversial from its initial use, in part due to the balance between benefits and risks.

One of the patients in my care was Annie, one of the few remaining lobotomy patients at that time in Canada. Today, lobotomy has become a disparaged procedure, a byword for medical barbarism and an exemplary instance of the medical trampling of patients' rights.

What is remarkable to me is that the originator of the procedure shared the 1949 Nobel Prize for Physiology or Medicine for the “discovery of the therapeutic value of lobotomy in certain psychoses”. Clearly, what we know now would have made this award reprehensible.

Another personal experience with a method of conversion therapy was 30 years ago, when a family dear to me was navigating a behavioural problem. At a young age, a child was suffering anger and rebellion issues, and the treatment recommended to the parents was participation in a wilderness camp experience that taught discipline and built peer relationships. The parents’ grief was overwhelming, learning their young teen was coerced into submission with no compassionate support or counselling and had attempted suicide. Upon extraction from that place and hospitalization near home, they later learned that at an innocent age their child had been traumatized by sexual abuse.

In both of these scenarios, what was considered to be cutting-edge, state-of-the-art or appropriate treatment at the time was clearly abusive and wrong.

Today, in this bill and in the scientific and medical realms, conversion therapy is defined and only applied to the LGBTQ2 community. I support a conversion therapy ban, but not this conversion therapy ban, because this bans more than just conversion therapy. Bill C-6 clearly violates the fundamental Charter of Rights and Freedoms for LGBTQ2 and other Canadians.

The definition of conversion therapy conflates orientation with behaviour. The Bill C-6 definition states:

...conversion therapy means a practice, treatment or service designed to change a person’s sexual orientation to heterosexual, to change a person's gender identity or gender expression to cisgender or to repress or reduce non-heterosexual attraction or sexual behaviour or non-cisgender gender expression. For greater certainty, this definition does not include a practice, treatment or service that relates to the exploration and development of an integrated personal identity without favouring any particular sexual orientation, gender identity or gender expression.

The definition actually defines conversion therapy to include providing counselling for someone to reduce their unwanted sexual behaviour. This means that if counselling is about reducing porn use or sexual addiction but is not seeking to change someone’s orientation, it would still be a criminal act if it is non-heterosexual behaviour.

There are legitimate reasons why people of any orientation may want to reduce their behaviour. This definition, though, would allow only straight Canadians to get that support but not LGBTQ2 Canadians. This would directly violate the Canadian Charter of Rights and Freedoms' equality provisions. It would criminalize any conversation including conversations initiated by LGBTQ2 individuals seeking answers to sexuality questions they wish to explore with family members, friends or faith leaders.

No medical body or professional counselling body in North America uses this definition created by the government for Bill C-6. The Canadian Psychological Association actually defines a psychologist as someone who helps clients change their behaviour, stating, “A psychologist studies how we think, feel and behave from a scientific viewpoint and applies this knowledge to help people understand, explain and change their behaviour.”

In addition to no medical or professional counselling body in North America using this definition, the bill’s definition contradicts itself. The government says that LGBTQ2 Canadians can still explore their sexuality, but exploration cannot happen if they cannot also choose to reduce behaviours that every other Canadian could get help with.

There are many reasons why someone would want to reduce unwanted behaviour without changing their orientation, but the bill would prevent any directional support that would reduce non-heterosexual behaviours. No one suspects that straight persons seeking to reduce sexual behaviour such as pornography use or sex addiction are attempting to change their sexual orientation. LGBTQ2 persons seeking the same kind of professional help could also just be wanting to reduce that behaviour without changing their orientation. Under this bill, however, they would not be able to get help because of their sexual orientation or gender identity. An exploration clause would not protect this treatment.

The language applies to conversations between and with parents, with trusted friends, discussions between individuals and faith leaders, as well as sensitive interactions with guidance counsellors. It also contains no exceptions for the right to conversations between parents and their children. Counsel from these individuals, people who are appropriately looked to for wisdom and support, would effectively be criminalized to the same degree as the damaging and unacceptable practices that all members of the House seek to prohibit. Currently, any course of counselling whereby individuals are seeking to reduce their sexual activities could be considered conversion therapy and therefore subject to legal intervention. This could be corrected.

In Bill C-6, the exploration clause itself directs patients’ counselling outcomes. Even professional counsellors seek not to do that for their patients, so why is the government directing outcomes with this bill? Professional counsellors are like a GPS: They only give directions, but the client decides the destination.

The government’s definition of conversion therapy is not used by governments around the world. No conversion therapy ban in the world bans counselling for unwanted non-heterosexual behaviour. I have reviewed and would be pleased to provide a research document listing 152 definitions of conversion therapy used around the world, including by all the governments that have passed a law or bylaw that are listed on Wikipedia, the United Nations, the United Church of Canada and LGBTQ2 activists like Kris Wells. None of them include sexual behaviour counselling independent of orientation change.

Bill C-6 is much too expansive, based on the fact that Canada's ban actually bans two kinds of counselling: sexual orientation change counselling and reduction of sexual behaviour counselling independent of orientation change. This is why the ban is so dangerous. No medical body or government in the world defines conversion therapy that way.

The UN definition, as follows, would better reflect what the definition of conversion therapy should be in Bill C-6:

“Conversion therapy” is an umbrella term used to describe interventions of a wide-ranging nature, all of which have in common the belief that a person's sexual orientation or gender identity can and should be changed. Such practices aim (or claim to aim) at changing people from gay, lesbian or bisexual to heterosexual and from trans or gender diverse to cisgender.

That is a good definition that this bill should reflect.

As a direct consequence of the flawed definition of conversion therapy, this bill would restrict freedom of choice and expression for LGBTQ2 Canadians. While the bill would allow for measures to change a child’s gender, including surgery and counselling, there is no such liberty afforded for those who wish to transition back to their birth gender. It would restrict intimate conversations intended to limit sexual behaviour, as well as individuals’ attempts to detransition.

This all-encompassing bill would not only criminalize people who listen or speak to those transitioning or having transitioned, but also those who have gone through the process of transitioning, have detransitioned, and are now sharing their stories with others. A simple search of the Internet will expose members to a wide range of thought, opinion, and the personal stories of those who have struggled with gender dysphoria. Not only would these individuals be criminalized by Bill C-6, but they would also be silenced by the implementation of Bill C-10, because of their communications on social media.

Many of those stories include decisions taken at a young age to begin the use of hormone treatment or to surgically alter one's body. For many, these decisions did not satiate feelings of gender dysphoria and, in many cases, worsened feelings of self-image and self-identity.

I will share a handful of these testimonies to have on record today.

In the case of one YouTuber, she, Elle Palmer, started taking testosterone at the age of 16. She had struggled for years with issues of self-hatred and, in her words, began the process of transitioning not in order to look more masculine but in order to hide elements of her body. In her opinion, transitioning was the ultimate form of self-harm. She wanted to change everything about herself and did not see a future in which she could be happy in her own body. At the time, she did not realize that it was possible not to hate her own body.

In another piece of personal testimony, Max explicitly states that gender transition was not the solution to her severe depression. In her words, she feels that she needed a transition in her life, but not from female to male.

Cari's advice to others is that, from her own experience and from her conversations with other detransitioned and reidentified women, “transition is not the only way, or even necessarily the best way, to treat gender dysphoria”. She speaks to her own experience, where she was prescribed hormones after four sessions of therapy. She notes that no attempts were made at these therapy sessions to process personal issues that she raised. She notes that no one in the medical or psychological field ever tried to dissuade her from her gender transition or to offer other options, other than to perhaps wait until age 18. She says, “I detransitioned because I knew I could not continue running from myself...because acknowledging my reality as a woman is vital to my mental health.”

Lee spoke to her experience: “There were all these red flags and I honestly wish that somebody had pointed them out to me and then I might not have transitioned in the first place. If I had realized that somebody with a history of an eating disorder, a history of childhood sexual abuse, a history of neglect and bullying for being a gender non-conforming female, a person with internalized homophobia and misogyny should not have been encouraged to transition.... I wish that somebody had sort of tried to stop me...transition...did not work for me.”

There is another story, which I transcribed from a post on YouTube from July 2019, which has now been made private, so I am going to respect the author's anonymity while sharing her thoughts. She said the following, and I am quoting her.

“I was transgender since I was 15. I’m 21 now.

“I don’t want to be a life-long medical patient. I don’t want to be psychologically dependent on hormones that are made in a lab and injected into me.

“What I want, and what I’ve always wanted, is peace with myself. Not surgically altered self, but my own self. I want to feel an organic love for my body. This body that I was born into, that I was lucky to be born into and inhabit.

“I wanted to find ways of dealing with my gender issues that aren’t medically transitioning, and those ways were not presented to me. Now is my time to make peace with femaleness. With womanhood.

“Even though I’m not good at being a woman, in the sense that I get gender dysphoria, a woman is still what I am. A dysfunctional, wonky, weird, gay, autistic, and completely authentic woman.

“I think I was possessed by some-thing. By an ideology. I can’t understate the role social media has played in all this.

“It’s glaringly obvious to me now that which part of the internet you inhabit for large chunks of time has serious effects on your brain, and your view of the world.

“When it feels right, I’ll tell my parents. And I know they’ll be happy to hear it, because the concerns they had about my 16-year-old self are the ones that I’m just starting to understand as a 21-year-old. I suppose wisdom really does come with age, doesn’t it.

“But, um, yeah, you try telling that to an isolated, self-loathing, gender non-conforming 16-year-old who wants to transition. I mean, you’re going to run into some issues.

“It’s just gender dysphoria that I deal with in my own way now, and I don’t want to go through all the things that I was kind of being, I guess, pressured by these online spaces to go and do.

“I know there are lots of people who are just like me, really, who are going through this same thing, and I have a funny feeling that there will be lots—lots more of us in the next few years as more people who are sort of teenagers, and non-binary and trans at the moment get into their early 20s.

“So, if I can make this resource that maybe people can relate to, because we are, we are, people like us, sort of um, masculine girls and butch lesbians, who were born between sort of the years 1995 and 2000 that have really been the guinea pigs for this.

“For this, whatever this is, going on in the trans community at the moment. We’ve been the guinea pigs and I’m at the other side now, and I really hope that some more people who are struggling with this can get out to the other side. Cuz it’s nice.”

These are not my fabrications. They are the personal, emotional testimonies of those who found that gender transition was not a permanent solution to their gender dysphoria and who found worth in their own process of detransition. These individuals have made their stories of detransitioning, or deciding not to surgically or hormonally transition, public and they stress that they are in no way being disrespectful toward the personal choices of others. This is important. They have friends and, as it stands, Bill C-6 would criminalize people like them. We cannot restrict the free, respectful and exploratory speech of those with valuable lived experience. The overreach of this legislation will harm those who seek to detransition as well as those who, of their own free will, seek support and counselling to change behaviour as LGBTQ2 individuals.

This ban censors conversations. It is not the definition of conversion therapy in Bill C-6 that would censor conversations about sexuality and gender, but the clause on advertising. At the justice committee, the government added the word “promotion” of conversion therapy as a criminal act. This means that free advertising, including verbal advertising, would be banned as criminal as well.

The original wording of the advertising ban states, “Everyone who knowingly advertises an offer to provide conversion therapy is”, and the updated clause states, “Everyone who knowingly promotes or advertises an offer to”. Because the bill defines conversion therapy as merely getting support to reduce behaviour, verbal promotion of a religious event that encourages people to remain celibate, a column that supports detransitioning or any kind of verbal advertising for a counselling session to reduce non-heterosexual behaviour would be made criminal.

Free to Question is an alliance of detransitioners, medical experts, parents, LGBTQ2 people and feminists who want to protect the right of health care professionals to offer ethical and agenda-free psychotherapy services and assessments to gender-dysphoric youth. I think it would be helpful to repeat the list of those participating in this alliance: detransitioners, medical experts, parents, LGBTQ2 people and feminists. They call for an addition to the bill to ensure health care professionals are able to support youth effectively. They wanted this in the bill:

For greater certainty, this definition does not apply to any advice or therapy provided by a social worker, psychologist, psychiatrist, therapist, medical practitioner, nurse practitioner or other health care professional as to the timing or appropriateness of social or medical transition to another gender, including discussion of the risks and benefits and offering alternative or additional diagnoses or courses of treatment.

Every one of us in the House has a responsibility to balance individual rights and freedoms within a diverse society. While the charter protects a pluralistic society, this bill creates a zero-sum game of winners and losers and puts pluralism at risk because the definition of conversion therapy being used causes more harm than good.

Bill C-6, like so many other bills and regulations the Liberal government has brought forward, intentionally seeks to control outcomes based on ideological indoctrination. It goes far beyond the agreed need to ban conversion therapy to controlling thought, speech and behaviour, and stifling democratic freedoms through overreaching legislation.

I support a conversion therapy ban, but not this conversion therapy ban, because this bans more than just conversion therapy. Therefore, I cannot support Bill C-6. Let us do better.

Criminal CodeGovernment Orders

May 31st, 2021 / 3:55 p.m.
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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Speaker, I just find this unfortunate. Perhaps it feeds that member's narrative in her own riding to spread disinformation or untruths about what we were doing as a government, but Bill C-10 would not affect individual users of social media, which we have said about 45 to 50 times every day in the House of Commons.

This bill would not regulate private conversations with a parent, a teacher or a religious leader. What it does do is ban a harmful and degrading practice, whether it would be forced on an adult or performed on a minor. Those are important steps in 2021, when we believe that everyone has the right to be free to love whomever they want.

Criminal CodeGovernment Orders

May 31st, 2021 / 3:55 p.m.
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Conservative

Tamara Jansen Conservative Cloverdale—Langley City, BC

Madam Speaker, the word “promotion” was added at the justice committee to the ban on advertising conversion therapy. Unfortunately, this wording encompasses simple verbal communication, meaning that even private conversation among family members would be included. Because of the government's broad definition of conversion therapy, which is not used anywhere else in the world, private conversations would then fall under their jurisdiction.

First, the Liberals want to regulate the internet under Bill C-10. Now they want to regulate private conversations in Bill C-6. Why does the Liberal government think it can tell Canadians what they can watch, post or discuss in the privacy of their own homes?

Canadian HeritageOral Questions

May 31st, 2021 / 2:35 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, this bill has everything to do with attacking Canadians and nothing to do with going after these web giants.

Canadian content creators from minority groups are doing better than ever on platforms like YouTube. They are able to reach a global audience without any interference from the government. Now we are hearing from leaders in these groups that these artists will be among the hardest hit with with Bill C-10 should it go through.

Why is the government so adamant on picking what is and what is not Canadian, and thereby suppressing the voices of minority groups in Canada?

Canadian HeritageOral Questions

May 31st, 2021 / 2:35 p.m.
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Toronto—Danforth Ontario

Liberal

Julie Dabrusin LiberalParliamentary Secretary to the Minister of Canadian Heritage

Mr. Speaker, the Broadcasting Act has not been updated for 30 years and during that time foreign web giants have stepped into that void. They have made money in Canada without contributing to our cultural creative industries. Bill C-10 seeks to modernize our broadcasting system and to level the playing field between our traditional broadcasters and these foreign web giants.

Why have the Conservatives vowed from the very beginning to block Bill C-10 and let these web giants make money in Canada without contributing to our Canadian jobs and creations?

Canadian HeritageOral Questions

May 31st, 2021 / 2:35 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, we often hear it said that diversity is our strength. At least, that is what the Prime Minister often says. The irony with this is that Bill C-10 would actually attack diversity by narrowly defining what is constituted as Canadian content and therefore what will be demoted and what will be promoted online. Government-censored choice is not choice and government-approved diversity is not true diversity.

Why is the minister insistent on hindering the expression of those who do not fit his mould?

Canadian HeritageOral Questions

May 31st, 2021 / 2:30 p.m.
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Toronto—Danforth Ontario

Liberal

Julie Dabrusin LiberalParliamentary Secretary to the Minister of Canadian Heritage

Mr. Speaker, I answered that question.

The Broadcasting Act has not been updated in 30 years. Foreign web giants have come onto the market since then. They are making money in Canada but are not contributing to our creative cultural industries. Bill C-10 is designed to modernize our broadcasting system.

Why have the Conservatives been promising all along to block the passage of Bill C-10 and to let these web giants make money in Canada without contributing to Canadian jobs and Canadian content?

Canadian HeritageOral Questions

May 31st, 2021 / 2:30 p.m.
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Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Speaker, last week, the Minister of Canadian Heritage suggested that Bill C-10 would not limit net neutrality in any way. However, in Bill C-10, the Liberal government is giving the CRTC more powers to regulate social networks, blogs, online gaming sites, apps and even audiobooks.

Does the Minister of Canadian Heritage honestly think that regulating these platforms is in keeping with the principle of net neutrality?