Online Streaming Act

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

Sponsor

Pablo Rodriguez  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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) specify that the Act does not apply in respect of programs uploaded to an online undertaking that provides a social media service by a user of the service, unless the programs are prescribed by regulation;
(c) update the broadcasting policy for Canada set out in section 3 of the Act by, among other things, providing that the Canadian broadcasting system should
(i) serve the needs and interests of all Canadians, including Canadians from Black or other racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages, and
(ii) provide opportunities to Indigenous persons, programming that reflects Indigenous cultures and that is in Indigenous languages, and programming that is accessible without barriers to persons with disabilities;
(d) enhance the vitality of official language minority communities in Canada and foster the full recognition and use of both English and French in Canadian society, including by supporting the production and broadcasting of original programs in both languages;
(e) 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 English, French and Indigenous language broadcasting and the different conditions under which broadcasting undertakings that provide English, French or Indigenous language programming operate,
(ii) takes into account, among other things, the nature and diversity of the services provided by broadcasting undertakings,
(iii) ensures that any broadcasting undertaking that cannot make maximum or predominant use of Canadian creative and other human resources in the creation, production and presentation of programming contributes to those Canadian resources in an equitable manner,
(iv) promotes innovation and is readily adaptable toscientific and technological change,
(v) facilitates the provision to Canadians of Canadian programs in both official languages, including those created and produced by official language minority communities in Canada, as well as Canadian programs in Indigenous languages,
(vi) facilitates the provision of programs that are accessible without barriers to persons with disabilities,
(vii) facilitates the provision to Canadians of programs created and produced by members of Black or other racialized communities,
(viii) protects the privacy of individuals who aremembers of the audience of programs broadcast, and
(ix) takes into account the variety of broadcasting undertakings to which the Act applies and avoids imposing obligations on any class of broadcasting undertakings if that imposition will not contribute in a material manner to the implementation of the broadcasting policy;
(f) amend the procedure relating to the issuance by the Governor in Council of policy directions to the Commission;
(g) 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;
(h) provide the Commission with the power to require that persons carrying on broadcasting undertakings make expenditures to support the Canadian broadcasting system;
(i) 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;
(j) 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;
(k) 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;
(l) 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
(m) 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

March 30, 2023 Passed Motion respecting Senate amendments to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
March 30, 2023 Failed Motion respecting Senate amendments to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (reasoned amendment)
June 21, 2022 Passed 3rd reading and adoption of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
June 21, 2022 Failed Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (hoist amendment)
June 20, 2022 Passed Concurrence at report stage of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
June 20, 2022 Passed Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment)
June 20, 2022 Failed Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment)
May 12, 2022 Passed 2nd reading of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
May 12, 2022 Failed 2nd reading of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (amendment)
May 12, 2022 Failed 2nd reading of Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (subamendment)
May 11, 2022 Passed Time allocation for Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

Damien Kurek Conservative Battle River—Crowfoot, AB

Thank you very much, Mr. Chair.

I appreciate our witnesses being here, although I do find it astounding that the NDP and Dr. Ge just suggested that somehow the Leader of the Opposition was guilty of a criminal offence for standing up for Jews' having the right to their own state.

Ms. Van Geyn, Bill C-11

Jacques Gourde Conservative Lévis—Lotbinière, QC

Thank you, Mr. Chair.

I want to thank all of the witnesses.

My first question is for Mr. Rainville.

Bills C‑11, C‑18 and C‑63, among others, attempt to establish a framework for freedom of expression in Canada. The line between what is possible and acceptable and what is not is nonetheless very thin.

Where do you draw the line?

October 30th, 2024 / 5 p.m.


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Litigation Director, Canadian Constitution Foundation

Christine Van Geyn

I would add to that list Bill C-63, which has the potential to be one of the most censorious pieces of legislation that I have seen in a really long time. Bill C-63, the online harms act, would increase penalties for criminalized speech and for hate-motivated crimes to life in prison. Part of the concern around that is using these heightened penalties to overcharge criminal defendants and to create pressure for plea deals for lower-level offences when there is an argument that the Crown might make that there is a hate element. Even if it's not present, it can be charged, and this overcharging leads to pressure to plead out.

Another concern we have about Bill C-63 is that it would allow for someone who fears a future hate crime speech to request a judge to put conditions on the would-be speaker. Those could be things like an ankle monitor or even imprisonment, and this is for future speech that has not yet taken place. This is incredibly chilling.

Bill C-63 would also create a civil mechanism for people to complain to the Human Rights Commission about speech. It's a return of section 13 of the Canadian Human Rights Act, which was rightly repealed for dragging before the commission journalists and members of the clergy. There is no cost to bringing a complaint, but there's great cost to the person complained about. We have seen human rights tribunals bring before them comedians—that's in a Quebec context, though.

Giving this power to these commissions will chill expression. I did not have time in my five minutes to mention Bill C-63. I understand that there is a separate committee hearing that will address that, but I wanted to put on the record our serious concern about that.

With respect to the Online News Act and the Online Streaming Act, while perhaps not censorship in the most classic form, I do share the concerns of millions of Canadians who have lost access to news as a result of the Online News Act. I share the concerns of a lot of academics and of Canadian content creators about the regulation of user-generated content on social media platforms like YouTube. I'm a YouTube creator myself. I have one of the largest...or I think probably the largest YouTube channel about Canadian constitutional law, perhaps—

Jamil Jivani Conservative Durham, ON

Thank you, Mr. Chair.

Certainly, this is a very important topic, and I appreciate the witnesses for being here.

I have some questions for Ms. Van Geyn, who I think gave an excellent set of opening remarks.

Ms. Van Geyn, I'd like to speak with you in particular about Justin Trudeau's censorship agenda, which has been implemented by the Liberal Party with help, certainly, from the NDP. When we talk about the censorship agenda, we're talking primarily about two pieces of legislation: Bill C-11 and Bill C-18.

I'm sure you're familiar with them, but just for the sake of being on the same page, Bill C-11 refers to Prime Minister Justin Trudeau and the federal bureaucracy gaining more control over what Canadians can access on streaming platforms online. Bill C-18 refers to Justin Trudeau and the federal bureaucracy having more control over the news that Canadians can see, which has limited access to news on platforms like Facebook and Instagram.

I'd like to start by asking you, Ms. Van Geyn, if you share the concerns of many Canadians, who are worried about Justin Trudeau's censorship agenda and Bill C-11 and Bill C-18.

Canadian HeritageCommittees of the HouseRoutine Proceedings

October 29th, 2024 / 11:35 a.m.


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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, yes, we did some great work on Bill C‑10, the first version of Bill C‑11, which would later become the Broadcasting Act.

The reason is that the Conservatives do not want anything that could possibly improve CBC/Radio-Canada. They are constantly looking for the little irritant, the little blip, something they can blow out of proportion to ensure that people do not to see the positive aspects, do not think about the positive aspects and only focus on what appears scandalous or reprehensible.

At the end of the day, we cannot move forward unless everyone is willing to move forward.

Reference to Standing Committee on Procedure and House AffairsPrivilegeOrders of the Day

October 25th, 2024 / 10:50 a.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, it is always a pleasure to rise and speak in the House, but I am disappointed that we are on week three of speaking about parliamentary privilege.

Those who are watching at home want to know why we are here and how we got here. It all started with Sustainable Development Technology Canada. This is a fund that was designed to support initiatives for green technology, emissions reduction and things like that. The fund started in 2001, and under Liberal and Conservative governments, it went along just fine until this corrupt bunch of Liberals got involved.

Cabinet ministers decided to give a billion dollars to the fund. They picked their friends to be on the committee to decide who was going to get the money, and the friends gave the money to their own businesses. The Auditor General found 186 conflicts of interest; 80% of the projects had conflicts of interest, and there was a whistle-blower within the Sustainable Development Technology Canada department who said that there was criminal activity involved.

As such, as parliamentarians, we wanted to look into the matter. The documents related to this fund were requested in June, but the government, the Liberals, did what they normally do: They delayed. Then, when they sent the documents, they blacked out all the useful parts. The member for Regina—Qu'Appelle stood up on a question of privilege because it is our right, as parliamentarians, to get whatever documents we need to do our good work. The Speaker absolutely correctly ruled that, yes, this was a violation of our privilege, and he ordered the Liberals to deliver the unredacted documents so that we can turn them over to the RCMP.

We have been waiting for three weeks and debating this matter of privilege every day. No documents have been delivered. That is why we are here.

I am going to spend my time today talking and pushing back against the Liberals' very weak arguments about why they cannot bring the documents forward. I will start with one of the myths they are spreading. They say that they cannot produce the papers, because giving them to the RCMP would violate the charter rights of Canadians. This is not true at all. The police and the RCMP get tips all the time: They get tips from Crime Stoppers, as well as phone calls and documents alleging criminal activity.

The law says that the RCMP must do due diligence by looking at the evidence presented. If they find evidence of criminality, then they have to go to the court and order those documents through the court in order for them to be used at a trial. That is the law, so it is ridiculous to suggest that the government cannot produce the papers for that reason.

The other thing I would say is that it is very hypocritical of the Liberals to say that they are concerned about the charter rights of Canadians. They have violated nearly every charter right. They are what their record says they are, so let us look at their record.

First, let us start with freedom of expression. There is Bill C-11, the censorship bill, by which the government-appointed CRTC can take down an individual's content if it finds the content objectionable. Let us also talk about Bill C-63, which is the online harms bill. It would put someone in jail for life if the government thought that person might commit a hate crime in the future. That is utterly chill on freedom of expression.

Let us talk about freedom of religion. There are people crying “death to Jews” from coast to coast to coast. The government has done nothing to stem the flow of vandalism and harassment that is happening at synagogues and at Jewish businesses in our country. The Hindus are being persecuted by the Khalistanis; again, the government has done nothing. There are 112 Christian churches that have burned. The government has said nothing. Therefore, there is no protection for freedom of religion from the Liberal government.

If we want to go down the list of other freedoms, let us talk about mobility rights. Every Canadian has the right to freely enter and leave Canada. That is in the Charter of Rights. However, during the pandemic, Liberals trapped four million people in the country for over two years, even after it was medically proven that people who were vaccinated could get and transmit COVID in the same way as the unvaccinated. Therefore, 90% of vaccinated people were allowed to go wherever they wanted, to leave and enter Canada. However, 10% of people, who were not a higher risk, were trapped in the country. This separated them from their families and caused a lot of trauma.

Then we get to the Emergencies Act, which was ruled by the courts to be illegal. I am not sure why there were no consequences for that. If I were convicted of something, I could appeal, but I would have to appeal from prison; therefore, I am not sure why there has been no action on that. However, Liberals froze people's bank accounts. That is unlawful search and seizure, so they violated another charter right.

When it comes to freedom from discrimination, people are not supposed to discriminate against anybody based on race, religion, age, etc., but we have seen that the Liberals do. The Canada summer jobs program discriminated against people of faith who would not sign the attestation. Moreover, the Liberals discriminated based on age when they decided to give an increase in OAS to people over 75, but not those between 65 and 74.

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

I know that famed Canadian creators, such as Margaret Atwood, likened this legislation to Soviet-era censorship. I'm wondering, Ms. Patell, with the bill having been enacted, do you or would you still recommend the repeal of this online censorship bill, Bill C-11, that came from the Trudeau government?

October 24th, 2024 / 4:35 p.m.


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Director, Government Affairs and Public Policy, Canada, Google Canada

Jeanette Patell

Of course, and thank you for the opportunity to speak to that.

As you may recall, when Bill C-11 was originally tabled, it was not intended to capture UGC, user-generated content. That was really important for our creators, because creators rely on their content being recommended to audiences who will love it, no matter where they are in the world. Think about it: Canada has about 2% of the world's population, and YouTube has a global audience of over two billion monthly logged-in users. That's the market Canadian creators care about so deeply, and when we were advocating on Bill C-11, our main message was that we wanted to ensure we were protecting the creative ecosystem these creators had built businesses on—really successful businesses—so it was not about prioritizing Canadian creators to Canadians; it needed to be about providing a level playing field for them to find their audiences all over the world. That was what we were advocating.

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

My question is for Ms. Patell.

YouTube chief product officer Neal Mohan, in response to Bill C-11, said the bill “has the potential to disadvantage the Canadian creators who build their businesses on our platform”.

Can you tell me, Ms. Patell, about the “keep YouTube yours” campaign that was launched in response to Bill C-11?

Access to Information, Privacy and EthicsCommittees of the HouseRoutine Proceedings

October 9th, 2024 / 4:50 p.m.


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Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Madam Speaker, the government has failed on the fronts that my colleague mentioned in two ways: action and omission. On action, the government has censored Canadians through Bill C-11, which has had a massive effect on YouTube creators, censoring who gets seen and who does not. Bill C-18 has resulted in a news ban for online media platforms, so Canadians cannot get the news. It has also put many newsrooms out of work, so now the government cannot be held to account. Now the government is proposing Bill C-63, which will lead to a kangaroo court, wherein any Canadian could be dragged through with vexatious complaints based on their political opinions.

As well, through omission, by not putting limits on facial recognition software, the government can overreach and use Canadians' biometric data without any limitation. All of that leads to a police state, a censorship state, and something that every Canadian, regardless of political stripe, should be absolutely opposing with every fibre of their being.

Reference to Standing Committee on Procedure and House AffairsPrivilegeGovernment Orders

September 26th, 2024 / 6:20 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, it is unbelievable to me that the government House leader is worried about the Charter of Rights and Freedoms when the government has violated every single Charter right there is. It has violated the freedom of expression with Bill C-11 and Bill C-63. It has violated the mobility rights of millions of Canadians, as well as life and security of the person. I could go on and on.

Then the member says she is concerned with making sure there is separation from the RCMP. When has the RCMP been separated from the government? In the WE Charity scandal, the Prime Minister took an action that benefited him, his wife, his brother and his mother, which is against subsection 119(1) of the Criminal Code. What about SNC-Lavalin? When did the government start taking action? It was four years after the event.

How can the member look herself in the mirror and not see the problem on that side?

Opposition Motion—Confidence in the GovernmentBusiness of SupplyGovernment Orders

September 26th, 2024 / 10:40 a.m.


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Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Madam Speaker, this is the most centralizing government in Canadian history. Bill C-11 has given more power to the CRTC over what is considered to be Canadian. That also includes content from Quebeckers. The member has essentially voted to give more power to Ottawa, to the bureaucracy, over people's online expression.

The Prime Minister has doubled the Canadian debt. That means Quebeckers will have to put more money each and every year to service that debt, to Ottawa, instead of to their own interests.

The member talks about a bill that the Bloc Québécois has put forward in regard to seniors. The Prime Minister has changed the way the Senate works. The government can get a royal recommendation from the Minister of Finance, but can it get through the Senate? I do not think so. It is like the equivalent of Jack and the Beanstalk; Bloc members are asking for some magic beans, and that is what the Liberal government will offer them, but they will not grow anything except bigger Ottawa.

Online Harms ActGovernment Orders

September 23rd, 2024 / 1:15 p.m.


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Conservative

Eric Duncan Conservative Stormont—Dundas—South Glengarry, ON

Mr. Speaker, it is always an honour to rise on behalf of the people of Stormont—Dundas—South Glengarry in our part of eastern Ontario. In this case it is to contribute to the debate going on today on Bill C-63, known to many Canadians, through the media or the debate on the bill, as the online harms bill.

I want to take the time I have today to lay out a case to Canadians that I think is getting clearer by the month and the year. After nine years of the NDP and the Liberals in office, crime is up significantly in this country. It is their record and it is their actions, or in some cases inactions, that have undone what was successful in keeping our streets safe.

When we looked at the metrics by Stats Canada before the Liberals came into office, we see that crime was decreasing across the country. After nine years of their legislation, their bills, their ideas and their policy proposals, here is what Stats Canada says is the record of the Prime Minister, the NDP and the Liberals working together: Violent crime has increased 50% in this country. Homicides are not down; they are up 28%. Sexual assaults are up by 75%, and gang murders have nearly doubled in this country over the course of the last nine years. A crime wave has been unleashed across this country.

I make the case. Sadly, now there is not one part of this country, a province or a region, that has not heard the stories in local media or by word of mouth in communities of crime going up: violent crime, robberies, theft and car theft. Auto theft is up 46%. The justice minister's own car in fact has been stolen three times. That is how bad crime has gotten under the Liberals' watch.

Extortion has exploded in this country under the Liberals' watch. It is up 357%. This side of the aisle, through our deputy leader from Edmonton, the member for Edmonton Mill Woods, proposed a private member's bill that would crack down and toughen up on Canadians who try to extort others. I would suggest that when there is a 357% increase, the status quo of whatever the Liberals are doing is not working. We proposed a common-sense private member's bill from this side of the aisle that was voted down, only to continue the status quo by the Liberals and NDP.

Recently, through our work in asking questions, we finally got some answers. The Liberal government was forced to admit that 256 people were killed in 2022 alone by criminals out on bail or another form of release. It is unacceptable and speaks to the many broken policies that the government has implemented in the last nine years. It is not by accident.

The province of Ontario paints a picture when it comes to the Liberals' public safety record. In Ontario, the total number of violent Criminal Code violations is up 51% to 164,723. Homicides in Ontario are up 50% to 262. Total violent firearms offences, for all the action the Liberals have claimed to have taken, and I will get to that in a bit, is up to 1,346. That is a 97% increase in violent firearms offences in Ontario alone. Extortion is up 383% in Ontario, at just under 4,000 cases.

Theft of a motor vehicle has gone up. When the Liberals came in, there were 16,600 vehicle thefts in Ontario. It has exploded 167%. Now, under their watch with their soft-on-crime approach, including Bill C-5, Bill C-75 and so forth, it is up to 44,459 thefts of a motor vehicle.

That is the Liberals' record. Bill C-75 was passed and implemented by the Liberals and the NDP, who implemented catch-and-release bail policies. Despite the legislation demanded by Conservatives and by every premier in this country, it did not go far enough, and Bill C-75 is still wreaking havoc on our law enforcement and on public safety in this country.

Bill C-5 passed, again by the Liberals and the NDP and supported by the Bloc in that case, I specifically remember as well. When it started to be implemented and Canadians saw the wacko examples of criminals of a violent, repeat nature being arrested and back out on the streets, the Bloc members tried to pretend they were not for it anymore, but they voted for Bill C-5. That bill removed mandatory minimum sentences for major crimes, ensuring again that violent criminals are out on the streets.

After all those numbers I took the time to lay out, that is the Liberals' record. They cannot go back and blame anybody else, but for the last nine years that the Liberals have been in office, it has been their government legislation that has allowed the crime wave to be unleashed across Canada, and here we have a justice minister who is touting how great the Liberals' latest solution is with Bill C-63.

Rightfully, Canadians have major distrust in the current government. Its record on public safety speaks for itself by the numbers and the examples that people are living and breathing. However, it was the current justice minister, on his first days on the job, who did a media interview and said he thought it was empirically unlikely Canada is becoming less safe. He said it is in people's minds; it is in their heads and is not really a problem. People are just envisioning that.

That just goes to show the mindset and perspective when it comes to public safety, to protecting our streets and getting the violent crime wave down in this country. That is the perspective: It is just all in our heads and there is nothing to think about.

I have mentioned Bill C-5 and Bill C-75. The debate today is actually timely because it was just last week that we got an updated answer. Four years ago, the Prime Minister did a big stunt of a photo op and an announcement that he was going to ban assault rifles; he was going to clamp down and resolve all of this by way of the Liberals' legislation and their will. Well, the numbers are out. Four years later, after saying that, zero firearms from criminals are off our streets, and the only winner in this is the bureaucracy.

Sixty-seven million dollars of taxpayer money has been spent on a program that is not even running, not even active and has taken precisely zero firearms from criminals and gang members off our streets in this country. That is the Liberals' record. Worst of all is that we know what the Liberals are proposing to do and the reason there are all the delays. They are rightfully being called out that it will not affect the gang members and those involved in criminal enterprises who are committing the car thefts, violent crimes and firearms offences in big cities, suburbs and rural communities alike. They are not going to be participating in this terrible program, this costly, useless program, frankly.

The Liberals are targeting law-abiding firearm owners, hunters, sport shooters and indigenous communities that follow the law and have never been a public safety issue. They are going to be the ones paying the price on this, and it is taxpayer money, $67 million alone, going out.

One of the things I have said to many folks in our part of eastern Ontario and in my travels across the country is that there are not too many prerequisites to becoming a member of Parliament and sitting in the chamber. Members are democratically elected, which is obviously the right way to go. However, I feel if there were a little asterisk of what every member of Parliament must do before debating or voting on public safety legislation such as this, it would be that the member should do a ride-along with the frontline law enforcement in this country.

We are very blessed in Stormont—Dundas—South Glengarry to have the OPP, the Cornwall community police, a force in Akwesasne and the RCMP. One of the most rewarding events or annual visits I make is to those detachments, getting in a vehicle with a frontline law enforcement member and seeing first-hand and on the front lines what they have to go through day in and day out.

Officers are extremely frustrated after nine years of a soft-on-crime approach, a broken justice system, a broken bail system and a Liberal government that continues to make life easier for those criminals of a repeat violent nature, which takes valuable police resources and time away from important things. Instead, they are repeatedly arresting and re-arresting many of the same folks despite being out on bail.

I raise that today because under the Liberals watch and the broken bail system, where repeat violent offenders are back out on the streets within about 24 hours, on average, police are being redirected and dealing with the same percentage. The Vancouver Police Department said that in one year there were 6,000 police interactions, many of them arrests of the same 40 or 50 people. This means that every other day there was an interaction, an arrest, a bail hearing and back out on the street. That is a waste of police resources.

How much longer will it take? How many more calls from the Conservatives, premiers and law enforcement agencies will it take to fix our broken bail system? Instead, today, when we talk about the broad terms of protecting folk online, protecting children, or cracking down on Internet child pornography as the bill states, the basis of this legislation is admitting failure on the part of the government.

Our court system and existing law enforcement resources are so overloaded with the increase in crime, the broken justice system and the broken bail system, that now the government is proposing a brand new federal bureaucracy, with hundreds and hundreds of federal bureaucrats, to administer what it says cannot be done through existing means.

If we were able to go back to common sense, the way it was before the Prime Minister and the government came into office, we could revert and allow law enforcement and, in many cases, our existing laws to be enforced and protect Canadians, protect children, families, victims of child pornography, victims of all ages, and clamp down on the rising hate crime numbers happening under the government's watch.

I correlate it again to the government's record. We had legislation a couple of years ago passed under its watch, Bill C-11, an act to amend the Broadcasting Act, which I basically called a censorship act, where the government would hire hundreds of new bureaucrats at the CRTC to watch and regulate the algorithms of Internet searches in Canada. At that time, the Liberals said not to worry, that it was not that big of a deal, that it would not cost that much. It is getting very expensive, and they are just getting started in the cost of the bureaucracy.

I am proud of our common-sense Conservative team on this side. Very early on, when the government came forward with Bill C-63, we asked the Parliamentary Budget Officer to look at what the cost of this proposal would be, an independent look to understand the true cost to administer the government's proposal. A little while ago the analysis came forward. Posted on the website, the Parliamentary Budget Officer found that would cost a staggering $200 million to establish, the government's own data provided to the Parliamentary Budget Officer, 330 new bureaucrats and a brand new bureaucracy to administer this. When does this madness stop?

The Liberals keep adding new bureaucracies, new commissions and new layers, but they do not tackle the problem we have in our existing justice system and law enforcement community. Whether it be the RCMP, a provincial force or local municipal force, they are stretched thin because of the broken policies that the government has implemented. Now its proposal is to separate all that into a new bureaucracy. Worst of all, when asked, there is no time frame. A lot of the regulations and details of what it is proposing will be dealt with later, of course, behind closed doors. A lack of transparency and details, that is what the Liberals are providing to Canadians.

We know how Ottawa works. We know how the Liberals work with the NDP. They make a great, big announcement of how wonderful the legislation would be and that it would solve every problem possible. They never follow through, it is never done cost-effectively and it is delay after delay, and more and more frustration and backlog. We will see the exact same thing when it comes to the new bureaucracy proposed under Bill C-63. For context, if we took the $200 million and invested in frontline law enforcement, if we hired more police officers, we could hire over 200 more per year to work the front lines each and every year.

I want to thank the member for Calgary Nose Hill, who has been on the file of protecting women, children and all Canadians and victims of child pornography, of exposing intimate images and, in many cases, new emerging technologies of deepfakes and AI. We need to realize that this legislation is inadequate for many reasons. She, our shadow minister for justice and the Attorney General of Canada, and many other colleagues with a law enforcement background in the legal community have spoken up against the bill.

As Conservatives, we have said that, as always, the Liberals get it wrong again. They claim that we should pass this, get it to committee and just be fine with it, because for four years they have consulted experts in the field. They have tabled legislation before that they had to pull because they got it wrong. There are still many voices in the country speaking up against the bill in its current form and what it would do on the infringement of free speech. The Liberals are making decisions through regulation, through back-channel means and behind closed doors, putting the power in the hands of way too many people who do not deserve it, for example, Meta, Facebook, other tech companies that have these massive lobbying efforts they can use to pressure this new bureaucracy.

Instead, our common-sense Conservative private member's bill, Bill C-412, would enforce the existing laws in the country when it comes to hate crimes. The laws are there, but the government lacks the political will use those tools. If we are going to modernize legislation, which it does need at times, we could go after AI and deepfakes, which is not even addressed in Bill C-63.

The Liberals, like they have with Bill C-5, Bill C-75 and now with Bill C-63, talk a big game. We can look at other legislation such as their firearms confiscation program of law-abiding hunters and anglers who own firearms and so many other pieces of legislation. We can look at the Liberals' own numbers. The longer they are in office, the more they spend and the worse it gets from a financial situation, but, most important, from a public safety perspective.

Bill C-63 does not need to be as omnibus as it is. For the number of years the Liberals claim they consulted experts, they have gotten it wrong again. It is time to bring forward not this bill, but the common-sense Conservative bill, Bill C-412.

Let us get to the root causes, protect children, women and all Canadians from the abuse and hate and violence seen online through child pornography and other means. Let us trust our law enforcement on the front lines, with the tools and resources, to get that job done. They do not need a new bureaucracy or to be thrown aside. Law enforcement needs to be empowered with good legislation and support from this federal government, not the record we have seen after nine years of the Liberal-NDP government.

September 23rd, 2024 / 12:55 p.m.


See context

Associate Assistant Deputy Minister, Department of Canadian Heritage

Thomas Owen Ripley

There are two things, MP Noormohamed.

The first is that obviously Ms. Ashton is best placed to speak to what the objective of the proposed amendment is, but from where I sit, it seems to be ensuring there is a broader range of perspectives brought to the table in terms of this obligation to consult, and that it wouldn't be just provinces and territories but also official language minority communities who, again, may have a different perspective from the provincial government that they wish to be considered.

The second thing, in relation to your question, is.... There was a lot of debate about this in the context of the Online Streaming Act, Bill C-11. Parliament ultimately did put in an obligation on the CRTC to proactively consult with official language minority communities when making decisions that could adversely affect them.

You see that at subsection 5(2) of the Broadcasting Act, where there's a positive obligation. There's a positive obligation on the CRTC to share information with them, to consult them before decisions are made, to support their participation in the consultations, and then, at the end of the process, even to provide them with feedback after a decision has been made.

The Broadcasting Act was already significantly strengthened to ensure the participation of official language minority communities during public proceedings and consultations by the CRTC.

Martin Champoux Bloc Drummond, QC

Thank you, Mr. Chair.

I'd like to make a couple of comments on what was said earlier about the fact that the minister had written to all the premiers, or all the provincial governments, and to Quebec, to get their input and to invite them to participate in the hearings. Indeed, a call has been made, as is done every time, to all stakeholders, organizations and groups interested in the legislative changes or the regulations that are in the works.

However, that is not at all what Quebec is asking for. Quebec's request to be consulted applies when it comes to French culture, the French language and francophone media, i.e., something that will have an impact on Quebec's cultural distinctiveness; it is not asking to be lumped in with the numerous other interested stakeholders. We do not want to hear that if Quebec considers itself a stakeholder, it should raise its hand, put its name in a hat, get in line, and then wait until it is its turn to speak.

Quebec has the right to be treated as a nation, as the House of Commons has recognized.

When the subject matter falls under Quebec's jurisdiction, such as the French language and its protection, I think it is entirely natural and justified for Quebec to make that request. That has been done. The Quebec Minister of Culture and Communications wrote a letter. We all became aware of it here following the study of Bill C‑11. The minister never received a reply to his letter from the government or Canadian Heritage. Bill C‑354 is the beginning of a response to Quebec's request.

I think we are looking at this issue in two different ways, and the right way to do it is to consider what Quebec is. Quebec is a nation and is recognized as such by the House of Commons. Quebec is therefore asking to be considered as a government that has responsibilities with respect to these specific matters we are talking about. I don't see that in any way as a threat to the operation of the CRTC. I don't see it as cumbersome either. It's a simple process to put in place. The commission consults the Government of Quebec.

It's really quite simple. We're asking for a little transparency, and the amendment proposed by the Conservatives requires that a report be published on the discussions that will have taken place between the CRTC and the Government of Quebec. It's a very simple request, and I think we're making it complicated. We are making it more cumbersome to implement this measure, which simply responds to a request from Quebec, which only wants, once again, to protect French, to protect francophone culture, and to protect vehicles for francophone culture, such as the media, cultural products, and so on.

I just wanted to make that point, because we're touching on a lot of subjects that are making the process a little too cumbersome, a little too complex, something that, when all is said and done, is really simple and seems to me quite natural to put in place, i.e., consultations when it comes to the jurisdiction of the Government of Quebec and francophone groups outside Quebec. I just wanted to say that I think we're going around in circles here, Mr. Chair.

It felt good to get that off my chest. Thank you.