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 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) 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

May 29th, 2023 / 11:15 a.m.
See context

Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Certainly they need to have criteria. My concern is that before they've consulted and before they received a policy directive and criteria from the government, the CRTC is already considering decisions about whether or not they're going to allow the streaming of certain U.S. news outlets to Canadians. It was a concern of President Biden that perhaps Bill C-11 would result in something that would violate the United States-Mexico-Canada Agreement.

What would you say to Canadians who are concerned that the CRTC may be already starting to talk about what things they can see and what things they can't see?

May 29th, 2023 / 11:10 a.m.
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Liberal

Pablo Rodriguez Liberal Honoré-Mercier, QC

I agree with you that Bill C-11 and Bill C-18 are major steps and that the CRTC will be playing an important role.

I remember that we put in place an additional amount of, I think, $1.9 million for the CRTC regarding Bill C-18. As for the rest, we have to see exactly where we go in terms of regulations and the amount of work that's going to be done, but the CRTC will be fully funded for that, and they are confident that they can do the job on both bills.

May 29th, 2023 / 11:10 a.m.
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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Thank you, Chair.

Thank you, Minister, and your department executives, for being here today.

Because of the work that's been done with Bill C-11 and Bill C-18, the CRTC is going to have a huge amount of work to do, but I notice in the estimates that they've not been given any additional money in this budget, and there are words there that suggest that additional money could be added.

Can you give us an idea of how much it will cost for the CRTC to fully implement the provisions of Bill C-11 and Bill C-18 when they get royal assent?

Criminal CodeGovernment Orders

May 16th, 2023 / 1:10 p.m.
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Bloc

Caroline Desbiens Bloc Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Mr. Speaker, it was December 6, 1989, at École Polytechnique de Montréal, January 29, 2017, at the Quebec City mosque and so many other dates. Those dates need to resonate with my colleagues when they consider voting on this bill.

The Bloc Québécois will vote in favour of Bill C-21. We can say without hesitation that the Bloc Québécois's contribution is undoubtedly why this bill is finally acceptable. I would like to note the exceptional work of my colleague from Avignon—La Mitis—Matane—Matapédia, without whom this bill would certainly not have progressed in the same way.

That said, it is far from perfect, as it was initially botched by the government. We can see that, as with Bill C-10, Bill C-11 and so many other bills, the Liberal signature is to introduce flawed bills and be able to brag about having done this and that. In reality, it is others who improve them and deal with the problems and shortcomings of each bill that the government proposes. Bill C‑21 is a flagrant example.

The bill was tabled in May 2020. It was essentially a freeze on handgun acquisitions and a grandfather clause. In that respect, the government did in effect prohibit most models of assault rifles with its order in council on May 1, 2020, which was issued quickly, a short time after the killings in Portapique, Nova Scotia, but several models were not covered, while new models continue to enter the market. Also, the prohibition on May 1, 2020, did not cover all “modern” assault weapons, thus allowing weapons like the very popular SKS, which is frequently used in mass shootings in Canada, to remain legal.

In the briefing to members and political staffers, officials also confirmed that the government planned to amend the bill to add other measures, which was unheard of for a newly tabled bill. There was no rhyme or reason.

In other words, the bill was not at all ready and the government only tabled it to ride the wave of support for gun control following the latest unfortunate shooting. That is called opportunism. I would even add a real lack of desire to be truly effective. In short, the government was not necessarily able to bring forward a fair and reasoned bill, but action was required because it was the right time and looked good. The results are there.

In fall 2022, the government tabled a package of amendments to its own bill. More than 400 pages of amendments were submitted to the Standing Committee on Public Safety and National Security, although the studies were already completed. These amendments included new measures to combat ghost weapons, but also a definition of a prohibited assault weapon and a list of more than 300 pages of prohibited weapons.

Here is another demonstration of what the Liberal government has made us accustomed to: anything. These amendments were tabled without explanation, without briefing and without a press scrum. Even Liberal members of the Committee seemed unable to explain these amendments. The various positions of the advocacy groups have become entangled—that is normal, of course—in a mish-mash of various readings and interpretations, most of which were justified or unjustified, since we were in a sort of grey area.

By drawing up this list, the government created a host of ambiguities and possibilities for circumvention, and, at the same time, penalized hunters and airsoft sport shooters. This does not include the weapons market already trying to circumvent the list. The concerns kept growing.

Hunters' fears are a good example. The Bloc Québécois listened to hunters. We therefore proposed reopening the study so that experts could be brought in to testify on the matter of assault weapons. The Bloc Québécois opposed the list in the Criminal Code because it made it needlessly long. The Criminal Code is not a real-time reflection of models of weapons and their classification.

It is my colleague from Avignon—La Métis—Matane—Matapédia who was a guiding light and kept the reason for logic throughout the process. Through pressure from all over, her team's research and her consultations with scientists and advocacy groups, she and the Bloc Québécois research team made a big difference in the study process of this bill.

It makes me very proud, today, to take the floor and re-tell the entire story. The government then tabled a gag order to quickly conclude the study of Bill C-21.

However, the government itself is responsible for the slow progress of Bill C-21. It preferred to bring forward an incomplete bill quickly after the killings rather than take a few more months to table a complete bill.

Despite these shortcomings, the Bloc Québécois will vote in favour of Bill C‑21. Initially, the bill was criticized by hunters, pro-firearms control groups and air gun enthusiasts. Thanks to the Bloc Québécois, it was improved and satisfied most of the groups. Again, the Bloc was proactive and made such fair proposals that they could not be refused.

The government has acted softly for years, leading to gun violence everywhere, particularly in Montreal. Prohibited weapons are circulating illegally. Bill C‑21 is a poultice on a wooden leg, as my father would say. It is not nothing, but it is little, and the time wasted with the parliamentary exercise of cobbling together a badly designed bill does not save time. However, time is running out.

It was a mistake to try to create a bill full of shortcomings, that practically put hunters, sports enthusiasts and killers in the same boat. What a lack of will and respect for the afflicted, the victims, and for the innocent. In fact, the ultimate urgency was to table a bill developed by experts and scientists and improved by consultations with associations and as many representations as needed. The government is proposing quite the contrary, and that is unfortunate.

As usual, the Bloc is being valiant. We have done the work by bypassing and adapting the limitations and mistakes of the government. The next step is urgent. Weapons are flowing into Canada. What will the names of the next victims be? Who will lose a mother, a father, a daughter or a neighbour? What does the Liberal government plan to do to prevent illegal weapons from crossing the border?

I hope it will learn from its mistakes. Above all, I hope that the next steps in the fight against crime will be firm and frank gestures, based on clear legislation and taking into account the realities and needs of organizations that oversee, that work and that intervene in the area of public safety.

Opposition Motion—Immigration LevelsBusiness of SupplyGovernment Orders

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

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.

An Act for the Substantive Equality of Canada's Official LanguagesGovernment Orders

May 10th, 2023 / 4:15 p.m.
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Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, as a member of Parliament who represents a great many anglophones, a minority community with unique needs in the Quebec context, I have studied Bill C-13 with a critical eye.

First, I would like to say that my community is not impressed by the Quebec government's pre-emptive, and one could say almost perfunctory, use of the notwithstanding clause to escape judicial and political scrutiny of its recent language legislation, Bill 96, and its law on religious symbols, Bill 21.

Quebec anglophones have a unique political perspective because they are a minority within a minority. This makes the community particularly understanding of the importance of minority rights, including francophone minority rights. This perspective leads to an inherent sense of fairness and moderation among Quebec anglophones that makes the community wary of government overreach that can harm not just minority-language rights, but minority rights generally.

My colleague from Mount Royal has put it well. Section 1 of the Charter of Rights and Freedoms allows for an override of rights where reasonable in a democratic society. Recourse to the clause when section 1 is otherwise available but deemed insufficient by the legislator is by definition a tacit admission that rights are being unreasonably suppressed.

The timing of Bill C-13 unfortunately intersects with the Legault government's heavy-handed approach to a legitimate objective, which is the strengthening of the French language against unrelenting pressures in the proverbial sea of English, pressures heightened by the new Internet-based communications technologies, a challenge our government is addressing through Bill C-11 and Bill C-18.

I believe Bill C-13 and Bill 96 have been conflated and a narrative has taken root that obscures key facts about this legislation and minority-language guarantees in Canada. Anglophones in Quebec have legitimate grievances with aspects of Bill 96, but Bill C-13 is not Bill 96.

As former Supreme Court Justice Michel Bastarache said, the objective in Bill C-13 is to give special attention to the French-speaking minority outside Quebec and it is not inconsistent with the interests of the anglophone community in Quebec. Let me quote the former Supreme Court justice:

I don't really know what it is in the bill [Bill C-13] that worries them. I don't think that promoting French takes anything away from anglophones.... One can help a community in trouble [that is, francophones outside Quebec] without harming another.... I don't think the anglophone issue in Quebec has anything to do with the federal government, but rather the Quebec government.

That said, in my view, we could have done without the preamble in Bill C-13, with its reference to the Charter of the French Language, and the confusion and controversy this has sown. In fact, there was an attempt to remove the reference, but that attempt was blocked by the opposition parties in committee. One would not expect co-operation from the Conservatives or the Bloc, but the lack of support from the NDP was disappointing.

Bill C-13's preamble refers to the fact of the existence of the Charter of the French Language, just as it also makes reference to iron-clad constitutional guarantees for minority-language communities across Canada, including the anglophone community in Quebec.

For example, the preamble states:

the Government of Canada is committed to enhancing the vitality and supporting the development of English and French linguistic minority communities—taking into account their uniqueness, diversity and historical and cultural contributions to Canadian society—as an integral part of the two official language communities of Canada, and to fostering full recognition and use of English and French in Canadian society;

Preambles, however, are not the substance of a law. They are not normative, nor determinative. In fact, they have not always been included in Canadian legislation. According to an article by Kent Roach in the McGill Law Journal, between 1985 and 1990, only nine statutes had long and substantive preambles. Since then, there has been an increasing trend to incorporate preambles into legislation. As Mr. Roach puts it, “Once departments and ministries saw their colleagues using preambles, this created a demand for more preambles.”

The same article outlined different types and uses of preambles. In some cases, preambles are meant as a recognition of “the complexity...of modern governance” and as “an appeal...to embrace tolerance and diversity as part of what it means to be Canadian.” Roach gives the example of the preamble of the Canadian Multiculturalism Act, which states that “the Government of Canada recognizes the diversity of Canadians as regards race, national or ethnic origin, colour and religion as a fundamental characteristic of Canadian society”.

He continues by saying, “The symbolic nature of preambles means that they are often concerned with the politics of recognition” and they “frequently recognize goals that are in some tension with each other.”

He then adds, “By definition, preambles will be better in securing expressive as opposed to instrumental purposes because they do not impose rights and duties.” Here is a final quote: “courts have frequently been reluctant to give great weight to preambles.”

This all sounds a lot like Bill C-13's preamble. I will quote from the preamble: “the Government of Canada recognizes the diversity of the provincial and territorial language regimes that contribute to the advancement of the equality of status and use of English and French in Canadian society”.

In response to those who argue that preambles are interpretive, I would say that this is typically the case only when the body of law in question is not clear, which is not the case with Bill C-13. I will quote British case law in Attorney-General v. Hanover: “It is only when it conveys a clear and definite meaning in comparison with relatively obscure or indefinite enacting words that the preamble may legitimately prevail.”

I will quote Ruth Sullivan, from her book The Construction of Statutes, in chapter 14 on page 445: “Preambles must be measured against other indicators of legislative purpose or meaning, which may point in the same or a different direction. If there is a contradiction between the preamble and a substantive provision, the latter normally prevails.”

Finally, I will quote former Supreme Court Justice La Forest: “it would seem odd if general words in a preamble were to be given more weight than the specific provisions that deal with the matter.”

Bill C-13, in its body, is specific in its language, including with respect to the need to protect the interests of Quebec's anglophone minority. This would avoid any confusion that would otherwise require the courts to rely on the bill's preamble for interpretation.

For example, Bill C-13 would add, in black and white, the following to section 3 of the Official Languages Act: “For the purposes of this Act...language rights are to be given a large, liberal and purposive interpretation”. The body of the text also reiterates phrasing from the preamble on the federal government's commitment to enhancing the vitality of the English and French linguistic minority communities in Canada and supporting and assisting their development.

This brings me to the fear that Bill C-13's preamble endorses the pre-emptive use of the Constitution's notwithstanding clause.

Some contend that the reference to the Charter of the French Language in the preamble of Bill C-13 endorses the Quebec government's pre-emptive use of the clause, but the federal government has been clear that it does not approve of the pre-emptive use of the clause, whether against organized labour in Ontario or in both Bill 96 and Bill 21. The Attorney General has said clearly that the federal government will argue the point in court, specifically when Bill 21 reaches the Supreme Court.

Parliament also made its view known when it recently voted against the Bloc motion seeking to affirm the legitimacy of the pre-emptive use of the clause. I note that the Conservatives voted with the Bloc to support the motion affirming pre-emptive use. However, both together failed to carry the day.

These official parliamentary and governmental expressions of opposition to the pre-emptive use of the notwithstanding clause matter. As the Supreme Court said in 2023 in the case of Murray-Hall v. Quebec, “To analyze the purpose of a law, courts rely [also] on...extrinsic evidence, such as parliamentary debates and minutes of parliamentary committees”. This would include, in my view, statements by the government and votes in Parliament.

As such, there should be no confusion in a future court's mind that the federal government has no intention of legitimizing Quebec's pre-emptive use of the clause by referencing the Charter of the French Language in Bill C-13.

Finally, something that has been lost in this debate is that the notwithstanding clause cannot override minority-language education rights, nor the right to speak English in Quebec in the courts or in the National Assembly.

Some suggest that Bill C-13 would allow the Quebec government to ignore obligations to the anglophone community under federally funded programs delivered through negotiated agreements with the province, but those agreements are governed by section 20 of the Charter of Rights and Freedoms, which refers to the right of the public to communicate with and receive services from federal institutions in English and French, and by part IV of the Official Languages Act, which is meant to implement section 20.

Motion that debate be not further adjournedGovernment Business No. 25—Proceedings on Bill C-21Oral Questions

May 9th, 2023 / 4:10 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, one of the observations I have made during my time in this place is how much the Liberal government loves to hinder Canadians and their freedoms.

We saw Bill C-11 get rammed through the House. We more recently saw how Beijing interfered in our elections in this country. An hon. colleague of mine, and his family in Hong Kong, were threatened and intimidated, and the government did nothing. We have seen the government move time allocation on bills over and over again to ram them through.

Specifically, with Bill C-21, we see a government that wants to take away rifles from hunters, again wanting to thwart the freedom Canadians have, and not entrust them with the tools for a basic lifestyle. I am curious as to why the government is so distrusting of Canadians.

Reference to Standing Committee on Procedure and House AffairsPrivilegeRoutine Proceedings

May 9th, 2023 / 12:05 p.m.
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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, I too want to add my voice to the conversation we are having here today in this debate on privilege. The issue of a member's vote in this place is really what we are after today. Our ability to vote without influence from other countries is very important.

I would note that the vote in question had to do with the recognition of the genocide of the Uyghur people in China. The Beijing government has been focused on repressing the Uyghurs through things such as forced abortion, forced sterilization, re-education camps and concentration camps. Members may have seen the photos of Uyghur folks lined up at the bus terminals and being loaded onto the trains. We have stated often in this place “never again”, and here we are watching “never again” happen again.

That vote that took place in the House of Commons was historic. The Canadian Parliament was one of the first parliaments around the world that voted to recognize that. It was something many members had worked fairly hard on, and we had also felt pressure from various corners to ensure that we got that right.

What is fascinating is that the member for Wellington—Halton Hills voted for that motion while the entire Canadian cabinet did not. That is telling, perhaps, as to the weight of that vote. However, it also raises the question of foreign influence happening here in Canada. What kind of influence is that having on the Canadian cabinet, given the fact that we have discovered now that the government knew for over two years that the member for Wellington—Halton Hills' family was being harassed because of this particular vote? What was happening to members of the cabinet in their personal lives and how was that being influenced? That is what this whole debate is about. It is about the privilege of members of Parliament to be able to do their job.

Probably one of the most important things we do as members of Parliament is to vote from our seats in this place. That is what we are elected to do. We are elected to take our seats in this place to vote on things. Votes are a moment in time. Votes are a very binary thing. We vote for something; we vote against something.

In many cases, when we have a vote, those are weighty moments. Members must consider all the ramifications and impacts of the position they take on that. There is nothing that brings more clarity into a situation than having a binary vote on a particular piece of legislation because that is when we get to find out about who is affected, what the ramifications are and all of these kinds of things. Particularly if people are upset about that vote, we get to hear about it after we cast that vote. Our ability to vote in this place is incredibly important.

The member for Wellington—Halton Hills has been a stalwart defender of democracy. This may be due in part to his roots, as he comes from Hong Kong, so he has a firm understanding of the relationship with the Beijing government and the world. Just due to the nature of his heritage, the member has some fortitude when it comes to understanding how democracy works, and he has worked very hard in this place to ensure that democracy works better. He has a very good grasp of the history of this place and the history of our mother Parliament over in England. He worked on the Reform Act, which is an act that has empowered individual members of Parliament. That is something that the member has been passionate about.

He has argued for increased members' budgets. He has argued for more members of Parliament, so we have more representation for individual Canadians. His allegiance to democracy, parliamentary democracy and the House of Commons is unquestioned.

I want to thank him for that. I know his passion and diligence on these democracy issues are so important. That is perhaps the great irony of this particular situation. Of all members of Parliament for this to fall upon, the member for Wellington—Halton Hills has impeccable credentials in the defence of democracy. That is why it is so frustrating to see that the government sat on this information for over two years, only for us, as individual members of Parliament, to find out about this through the press. That goes to show why the freedom of the press is so important.

This is something the Liberal government has been undermining over the last number of years, just as we have seen with Bill C-11. We see how voices that may disagree with the government may be repressed online. We see that with the funding of journalism across the country. We see this with the subsidization of CBC, how that money influences the reporting that we get.

This particular instance shows that the freedom of the press, the ability for the press to be unencumbered by owing the government a favour of any sort, is necessary. We see, with The Globe and Mail and Global News, that if it were not for the work they had done, we would never know about this. We would never know that, for over two years, the government and the Prime Minister sat on the information that a member of the House and his family were being threatened because of a vote that had taken place here.

We have heard, over the last couple of days as we have been having this debate, over and over again how the Liberals are trying to spin this, and it is classic gaslighting. My working definition of “gaslighting” is that whatever someone is doing, they accuse their opponents of doing the same. I would like to address a couple of those things.

One of the things they say is that the Conservatives did nothing when they were in power. The fact of the matter is that the Liberals have done nothing to stop this. They have allowed it. They have watched it grow. They have watched the foreign influence grow in Canada and have done nothing to prevent it over the last number of years.

The other thing that is interesting is that, under Stephen Harper, there was a different leader in China. When Stephen Harper was the prime minister, there was a different leader. China had a different outlook on the world under the other leader. There has been a significant shift.

If someone wants to look it up, they can google “wolf warrior”. The current leader of China, Xi Jinping, has openly stated that China is moving into a wolf warrior pose in the world. Instead of biding its time, which was the previous leader's line, it is looking at being a wolf warrior. They are looking to be dominant in the world. There is no doubt about that. They are much more aggressive.

That is a completely different context. I know the member for Winnipeg North will probably stand up to talk about Stephen Harper and the great job Stephen Harper did when he was the prime minister. The point is that, when Stephen Harper was the leader, Canada was seen as a strong player on the international stage. We were convening meetings to take on ISIL. We were a valued partner of the Five Eyes. Australia, the United States and the U.K. looked to Canada to provide a leadership role in many of these discussions. Now we are ignored, sidelined and not trusted by the international community when it comes to dealing with things like China.

The Beijing government worked much more carefully. It was much more concerned about what Canada had to say about what it was up to. Today, we have a completely different context.

Today, we see the Chinese run roughshod over Canadian values and institutions. They have set up police stations on Canadian sovereign soil. We have seen this over and over again. We just know that a lot of this is about posture. We know that, under Stephen Harper, Canada had a proud posture on the international stage. We had a posture that said we were open for business but that we had rules that everybody had to follow. Canadian sovereignty was something we were very concerned about.

In fact, we spent a lot of time mapping the north. The entire search for the Franklin expedition was a mapping exercise to establish Canadian sovereignty in the north. This was a nation-building exercise. It was something that we told the Canadian people about. It was a source of pride for Canadians. However, we also said we needed to establish Canadian sovereignty in the north because of threats from China.

Threats from China were something that the Harper government took very seriously. It was something that we went into with both eyes open. We dealt with China, but we said that we knew it was a Communist country and that Communism is not something that is equivocal. We cannot make equivalencies between Communism and democracy, and therefore, the rules of engagement that we deal with when dealing with France, Germany, Holland or the United States are going to be different from those we have when we are dealing with China.

Because it operates on a different system, we need to ensure that we deal with China appropriately. To some degree, this comes back to ideas around humanity and whether people are basically good. Maybe it is postmodernism that the government really espouses, with ideas around equivalency, and we just have to basically trust that everybody is good. There are evil actors in the world. There are nefarious actors, and China is one of them. China has not been a force for good in the world over the last number of decades.

That is a major difference between Conservatives and Liberals. Liberals have a naive view. They want to equivocate. They want to say that it is a different system, but it is just as good. I would argue that this is not the case and that there are threats and nefarious actors in the world. These are threats and actors that we must take seriously and challenge. We must stand up for democracy and make the arguments for why democracy is better and why the Western systems are better.

Those are important things to do, and I do not think it is good enough to say, “You do it your way, and we will do it ours.” I think we should say, “This is the way we do it because it is better, because it is moral and because it is the right way to do things.” I see this postmodern idea that there is no truth, or that the truth is relative, as a failure of the current government. All of these kinds of things have really been worked into it.

The other area of gaslighting I see happen through this debate, particularly in questions from the Liberals, is how this is the member's fault and how the member should have known about this. Of course—

Intimidation Campaign Against Members of ParliamentPrivilegeRoutine Proceedings

May 8th, 2023 / 10:35 p.m.
See context

NDP

Heather McPherson NDP Edmonton Strathcona, AB

Mr. Speaker, listen, if I had my way, there would be no dinners that are pay to play. There should be no $1,000-a-plate dinners. However, come on. Let us not pretend that the Conservatives do not do the same thing. Let us not pretend there is not fundraising being done on the backs of bills like Bill C-11, and that there is no politicization of them. That is not accurate.

In terms of making sure the government acts seriously, I have to say that I agree with the member on that. It feels to me like the government has had to be dragged to do the right thing, kicking and screaming. We brought the Minister of Foreign Affairs to the foreign affairs committee, and basically she had to be dragged kicking and screaming to do the things that are so easy to do, like expel this diplomat. Frankly, this diplomat is not expelled, of course. He has just been listed as persona non grata and is no longer protected. However, for these things the government should be taking action on, it is not. It is not acting fast enough. It is not participating in building a stronger democracy in ways I would like to see.

May 8th, 2023 / 11:40 a.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Thank you.

About three weeks ago, Bill C-11 was rammed through the Senate. There were amendments suggested originally, but they weren't taken by this government. Then it was sent over to the Senate. Yet again, the Senate did not give it the sober second thought it deserved, so it got pushed through. It now gives this government unprecedented power to control what people can see, say or hear online.

Then at the Liberals' convention this weekend, they put through another intention—a proposal—which is that they would actually regulate news sources. Basically, the state would have to approve a journalist's news source. If the government gives that news source a stamp of approval, then that article can be published. If the government—through the CRTC, I would imagine—doesn't give that stamp of approval, then of course that article would not be publishable. It's form of censorship.

What's interesting is that a journalist, Paul Wells, who traditionally is very liberal and very much inside the pockets of the Liberals, wrote an article on Friday outlining what's happening here.

He said, “It is impossible for any government to subsidize journalism without deciding, at some early point, to exercise its prerogatives as an owner.”

What's interesting is that this government has funded the media to the tune of about $600 million. As the owner of much of the media here in Canada.... Of course, there are many fantastic independent sources and alternative sources of media, but the mainstream tends to be largely owned by the government, because they're the ones that are keeping them afloat or propping them up with this massive amount of grant money.

Now it would appear, based on their convention, that the Liberals are looking to cash in on this. They're looking to exert their power. Some might call it bullying. In fact, I believe that is how many members of this committee have referred to it when power is misused. It's called bullying.

May 4th, 2023 / 3:45 p.m.
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Conservative

Rick Perkins Conservative South Shore—St. Margarets, NS

Thank you, Mr. Chair.

Thank you for the break—well, question period, anyway.

Just to let you know, Mr. Chair, out of courtesy and assistance to our translators, I've given them some copies of the study and a few other things that I may be referring to, in order to make the translation easier. Bear with me. As I go through it, I will make sure I refer to the documents and the occasional pages to make it easier on the translators.

For those who have not been part of the discussion but are watching now, what we are doing in the finance committee is this: The government has proposed a budget implementation bill, as it's called. It amends a great many acts of Parliament, a number of which have nothing to do with the budget. Nonetheless, this is an omnibus budget bill. The government promised they would not bring in omnibus bills, and we are dealing with one.

What we have is a motion before us, and an amendment. The amendment to the main motion is what we're dealing with. The amendment to the main motion is MP Blaikie's amendment, which I think had a revision from MP Lawrence. It is asking that the Minister of Finance appear for two hours to defend the budget implementation bill. It's not unreasonable, but apparently it's a bit of a stretch for this committee, since the minister has frequently not responded to the committee's request to appear on various things.

Indeed, by my calculation, the minister has appeared in the House of Commons, as I mentioned earlier, five times since January. This budget bill, the budget implementation act, has a fiscal framework that spends $3.1 trillion over the next five years. In fact, the annual budget for the government will have almost doubled since it took office. In year five of this fiscal framework, it will be over half a trillion dollars. By my calculation, at five appearances, that's—let me get my math right—$100 billion per appearance by the minister. That's an hourly wage charged to the government taxpayers of Canada that is obviously something McKinsey would envy. I'm sure she's setting a new standard for them in the many new contracts they will get from this government.

For the sake of the translators, what we're talking about here is ministerial accountability and the parliamentary tradition in our Westminster system of parliamentary accountability. I've been enlightening the committee and those watching about an important academic study done on this issue, and I was citing the text of it before we went on break to go to question period. Just so the translators and the people watching know what document I'm referring to, it's the Australian Journal of Public Administration, volume 73, number 4.

Its summary reads:

This study examines the convention of individual ministerial responsibility for departmental actions in the four key Westminster countries of Australia, Canada, New Zealand and the United Kingdom. The chain of ministerial responsibility traditionally began in the bureaucratic hierarchy of the public sector up to the minister, who is responsible to the parliament, which is responsible to the people. Many New Public Management reforms changed the roles and responsibilities of senior public servants, which arguably weakened the first link in the chain, despite being premised on increased public sector accountability. Various codes of conduct, guides, manuals, handbooks and legislation—

What they're referring to there, for example, in the current Liberal government, is a handbook—not law—that was issued when this government was elected, called “Open and Accountable Government 2015”. I'm not sure many of the ministers have actually read it, given their performance in the House and what it requires in parliamentary accountability.

The summary of this paper goes on to say:

—have attempted to codify and clarify politico-bureaucratic relationships. They have generally captured the complexity of executive accountability and better reflect the original convention, while emphasising the preeminent role of the prime minister in upholding individual ministerial responsibility.

When we left off, I had just finished the section on Canada, where it gets into the detailed analysis. Like every academic paper, it spends pages and pages outlining the academic process of doing the study. It first examines Australia, and then Canada. I had finished that off, but, just to give you a sense, New Zealand and the United Kingdom come next. I have to go through those. I think it's important for us to refresh, because we may have people watching who weren't privy to this insightful piece before we broke for question period. Perhaps I could begin with the section on Canada, at page 474.

By the way, it is written by Dr. Brenton and is entitled “Ministerial Accountability for Departmental Actions Across Westminster Parliamentary Democracies”. That section of this academic study begins like this:

Written guidance in the form of official documents or legislation is comparatively less extensive in Canada [that's relative, I guess, to Australia], with calls for a Cabinet Manual or something similar (see Russell 2010).

We should remember that this paper was written in 2015, just before the current government's “Open and Accountable Government” document came out. It goes on to say:

Accountable Government: A Guide for Ministers and Ministers of State “sets out core principles regarding the roles and responsibilities of Ministers...[including] the central tenet of ministerial responsibility, both individual and collective, as well as Ministers' relations with the Prime Minister and Cabinet, their portfolios and Parliament”. The current edition was issued in 2011 by the Privy Council Office, under Prime Minister Stephen Harper.

I know we can all agree he is one of Canada's greatest prime ministers.

Just to make sure we're clear, part of what we're trying to do is find Freeland. It's the “finding Freeland” effort. With only five appearances, this is as rare, I guess, as the dodo bird, or perhaps as rare as a DFO fisheries enforcement officer arresting poachers of elvers in Nova Scotia and New Brunswick.

This is about the code set out by one of Canada's best prime ministers, Stephen Harper:

Under Section I.1., “Individual Ministerial Responsibility” is firstly defined in terms of accountability to the prime minister, with the prime minister able to ask for a ministerial resignation.

That's something I don't think this Prime Minister has ever done. I don't think so. We've even had many instances of breaches of Canada's ethics act by ministers, but that apparently isn't good enough for a resignation. The report goes on to say, “Ministers are also accountable to Parliament”. That's why we're here today. We're talking about the Minister of Finance's accountability to Parliament, which seems to be a challenge in our “finding Freeland” effort. The paper goes on to say, “Ministers are also accountable to Parliament...for all areas of responsibility, whether they are assigned by statute or otherwise”. That's in section I.1 of Prime Minister Harper's guide for ministers.

According to this study:

The most detailed section is I.3. “Ministerial Accountability”. Ministers are required to be in parliament to answer questions on the discharge of their responsibilities and use of public monies, with political judgement resting with parliament.

That's our role: the political judgment that parliamentarians play in deciding whether or not what the government, the executive of our governing structure, puts forward in legislation and spending is acceptable to the people we represent. That's why ministers have to be held to account, not only in Parliament but also in committees.

The idea of answering questions, either in Parliament or in the committee, seems to be a challenge for the Minister of Finance, having not been here in the House more than five times since January, at $100 billion a day. I'm not sure where the Minister of Finance is in her outside time, but she is not answering questions there and has refused on at least three occasions when this committee asked her to come before the committee to answer questions.

I've actually never encountered that. I'm on the fisheries and industry committees, and I have encountered the Minister of Fisheries agreeing to appear before for two hours and then showing up at the meeting and saying, “I'm only going to show up for one.” I know we can't compel ministers to appear before a committee, but a courtesy to Parliament and parliamentarians, of which they are a part, would dictate that. The odd hour here and there from these very busy ministers could be spared for their accountability to democracy.

The study goes on to say:

However, the prime minister can reaffirm support or ask for a resignation. Consistent with the principle of responsible government, it is said that ministers are accountable to parliament for all organisations within their portfolio and the “proper functioning” of their department.

We've seen a lot of those issues in obfuscation and answers in question period. I misspoke. We don't get answers in question period. We get responses.

Even today, there was the issue of the public safety minister not informing the House of when the Prime Minister was informed that a member of Parliament was threatened by a foreign government because of his vote in Parliament. This government has known about this for two years, according to the leaked security memos that apparently went to the Privy Council Office. The chief of staff to the Prime Minister, as we know, said the Prime Minister reads everything he gets and he certainly reads everything from security.

While the Minister of Public Safety may not have known, perhaps he should ask the Prime Minister why the Prime Minister didn't inform him two years ago that this was going on. It's hard for the minister to be accountable to Parliament if the Prime Minister isn't sharing with him such critical information that goes to the root of our democracy.

The academic study here goes on to say this with regard to Canada:

However, reference is also made to “appropriate ministerial oversight”. Therefore, in relation to arm's-length bodies—

This is the RCMP or CSIS, in the case of the Minister of Public Safety, and the CDIC or, perhaps, the Bank of Canada, in reference to the Minister of Finance.

—“the Minister's engagement will be at a systemic level”.

Then it goes to quote directly from “A Guide for Ministers and Ministers of State” by Prime Minister Harper:

Ministerial accountability to Parliament does not mean that a Minister is presumed to have knowledge of every matter that occurs within his or her department or portfolio—

The executive makes it clear every day that they do not know everything that is going on within their department or portfolio.

—nor that the Minister is necessarily required to accept blame for every matter.

We certainly know they won't accept blame even for their own actions of giving friends and family direct contracts untendered, like the Minister of International Trade, or taking personal vacations at $9,000-a-night resorts in Jamaica, as the Prime Minister has done, or a $6,000-a-night hotel in London.

The Prime Minister, I believe, has gone off to London for the very important event of the swearing in of the king and his investiture as our sovereign. I wonder if he's staying in the Holiday Inn in London, or whether he's gone back to having a requirement to have a butler and a chef in his suite, and a piano so he can sign Bohemian Rhapsody again.

The report goes on to quote directly from Prime Minister Harper's guide for ministers on ministerial accountability, which is what this motion is about. It says:

It does require that the Minister attend to all matters in Parliament—

That's a revelation. Other ministers have clearly done it in the past, but it's a little tough when you show up five days since January, as the “finding Freeland” effort continues.

—that concern any organizations for which he or she is responsible, including responding to questions.

What a unique idea, in our Westminster system, that a minister would have to respond to questions from the opposition to be held accountable in Parliament to the people who are elected to represent our communities across the country. But it's pretty hard to do that when the minister has refused to come on three occasions to the finance committee to answer and be accountable for the financial things that she is responsible for. This baffles me.

This is a friendly group. I don't see it as an acrimonious committee. I have been on some committees.... I can think of the heritage committee last year, where I went on Bill C-11. That wasn't exactly a collegial committee at the time, but this one seems very.... I don't know why the Minister of Finance would be so intimidated by the members of this committee as to not be willing to come and answer questions—but she can only answer that if she comes.

The report continues to quote from the Harper guide:

It further requires that the Minister take appropriate corrective action to address any problems that may have arisen, consistent with the Minister's role with respect to the organization in question (3).

It's very clear that for a long time, at least during Conservative governments, we held them accountable. We even had ministers resign for their expenses. But apparently that doesn't happen in this government, because it comes from the top. The Prime Minister sets the tone on accountability. When the Prime Minister is found guilty three times of ethics violations and doesn't resign or recognize that he has caused a problem and is entitled to his entitlements, he sets the tone for his management team, the cabinet; all they have to do is make mistakes and apologize and everything's okay. That's not in the traditions of the Westminster system, as we'll find out here in the next section of this report, which talks about New Zealand.

It says here “While lacking a formal written constitution”. Some members and people watching may not know that New Zealand doesn't have a constitution. As a parliamentary democracy, it is like Britain. It doesn't have a constitution. It relies on case law and common law and goes back to the Magna Carta for its precedents and how it does things.

The article says about New Zealand:

While lacking a formal written constitution, the Cabinet Manual is self-described as “an authoritative guide to central government decision making for Ministers, their offices and those working within government”, as well as “a primary source of information on New Zealand's constitutional arrangements”. It is endorsed by each new government, with the current version updated in 2008.

This was in 2015.

Section 3 of the Manual deals with “Ministers of the Crown and the State Sector”. In terms of roles and responsibilities:

They quote directly from this manual:

Ministers decide both the direction and the priorities for their departments. They should not be involved in their departments' day-to-day operations. In general terms, Ministers are responsible for determining and promoting policy, defending policy decisions, and answering in the House on both policy and operational matters (3.5).

You see, New Zealand has it right. They have it right, as the Harper government did—it's part of accountability and ministerial responsibility to answer in Parliament. In our country, Parliament means the House of Commons, the Senate of Canada, and all parliamentary committees in both Houses, to be held accountable. To not come at the courteous and very friendly invitation of this committee—three times by the minister for $100-billion-a day work—Minister Freeland, in the “finding Freeland” effort here, is not even following the traditions in other Westminster parliamentary systems.

Point 3.21 refers to “Individual ministerial responsibility for departmental actions”:

It quotes again directly from the manual from New Zealand:

Ministers are accountable to the House for ensuring that the departments for which they are responsible carry out their functions properly and efficiently. On occasion, a Minister may be required to account for the actions of a department when errors are made—

That's quite a bit by this government.

—even when the Minister had no knowledge of, or involvement in, those actions. The question of subsequent action in relation to individual public servants may be a matter for the State Services Commissioner—

Obviously, this is a title or role that's different in New Zealand as we have no such role.

—(in the case of chief executives), or for chief executives if any action to be taken involves members of their staff.

The study goes on to say, on page 475:

A series of “Accountability documents” help to monitor departmental performance, including one-year performance information, statements of intent for at least the next three years, an output plan—

There's a novel idea. An output plan is required in New Zealand for ministers and their accountability. I think all we get is input plans. There are input plans of spending, input plans of intent, input plans of good wishes and fairy dust, but not much in the way of output. The measurement of success of this government is how much you spend, not how much you produce.

I don't think many of these ministers would survive very well in the private sector, except maybe Navdeep Bains, who left. He's done well for himself. Navdeep Bains was the minister of industry responsible for bringing down cellphone prices. When he left, we had the highest cellphone prices in the world. In fact, you'll be shocked to learn that when the minister of industry, Navdeep Bains, who was responsible for cellphone rates when we had the highest rates.... Every minister in Canada has a two-year cooling off period. Before the ink was dry on his cooling off period in January of this year, Navdeep Bains decided to negotiate with Rogers Communications to be in charge of their government relations. Can you believe that? Minister Bains, in his accountability, who feather-bedded the telecoms to have the highest prices in the world, went to work for Rogers.

Let me tell you about Rogers. They have the highest cellphone rates in the world. It's not just in Canada, but in the world. It's not shocking to me that the minister in charge of the highest cellphone prices in the world, after his two-year cooling off period, would be rewarded by Rogers with a cushy job in charge of government relations. It's the very same company he was responsible for regulating and allowed to become the most expensive cellphone company in the world.

Where was I? The study continues: “Crucially, responsibility for financial performance is vested solely in the minister”. Financial performance? Why, just in the fall, this minister, in her economic statement on the budget of the finances of this country, projected—this is something they hadn't said in quite a while; in fact, they hadn't said it since the 2015 election—a balanced budget. I think it was by 2027-28, a four- or five-year mandate. That was just in the fall. If the minister had shown up here at the finance committee subsequent to that, she could have been questioned, as Westminster parliamentary tradition requires, on the financial performance of that.

We know the financial performance of that. In this document, in the budget implementation act that we're talking about, there is no balanced budget projected in the next five years. In fact, it goes a long way out before it's even considered. In fact, this budget, in the five-year framework, adds $130 billion to Canada's national debt.

I know that people watching and the members of Parliament here were all listening intently when I led off the debate for the official opposition in the House of Commons on this bill, the budget implementation act. You'll recall that I went through the sins of the father and now the sins of the son. When you take the combined financial performance of the father, former prime minister Pierre Elliott Trudeau, and the son, Prime Minister Justin Trudeau, the total addition to Canada's national debt between those two members of the same family is $1.1 trillion.

It would be enormously helpful for the Minister of Finance, in this “finding Freeland” exercise, to be able to come here and explain to us why she thinks that a balanced budget in the fall no longer can be balanced, and why it is a prudent fiscal thing—for all of us and all of Canada—for the Trudeau tradition to continue adding $1.1 trillion. This government has never met a target that it has set, financially. It's blown the doors off, financially, with bigger debts than it ever has before.

One of the most interesting things is that, in order to meet that $1.1 trillion or to add only $130 billion to the national debt in the next five years, this government has to not introduce or spend one dollar more on anything new in the rest of its mandate. I don't think the odds of that are very strong. We see a lot of betting commercials now during the NHL playoffs, and I'd like to see some of those companies place a bet on the likelihood.... Vegas will do bets on anything. I'd like to see Vegas do the odds on this government's meeting any of the targets in this budget plan. I wouldn't take that bet. I'll tell you, though, that if you put $1 down, it would probably make you a gazillionaire if the government actually did it once, by the odds that you would get. Maybe that's what's going on here. Maybe the Minister of Finance, in trying to understand this, is trying to understand her own numbers and figure out how this government put Canada in such a mess.

On New Zealand—and we're coming up to the United Kingdom, the mother of all Parliaments—the report goes on to say, “Crucially, responsibility for financial performance is vested solely in the minister”. Well, it's hard to do that if you're mysteriously not attending committee. I wish we could compel her more. I know we can subpoena witnesses in committees, but I doubt that...although it would be great if MP Blaikie and the other opposition parties would agree, because I suspect that's the only way you're going to get the Minister of Finance here for two precious hours.

What does that work out to, two precious hours of her time? Let's see. Well, it's five days at $100 billion a day to show up in Parliament on her spending. What does that work out to? My colleague, Marty Morantz, could work on that.

May 4th, 2023 / 1:20 p.m.
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Conservative

Rick Perkins Conservative South Shore—St. Margarets, NS

Oh, right, it's the Prime Minister as well. He hasn't admitted to it, I don't think, but everybody else on the trip to London for the Queen's funeral denied, including the Governor General, that they spent $6,000 on a hotel room with a chef and a butler. There was only one butler. I'm sure that was a hardship for the Prime Minister. But it wouldn't have been a hardship for the “finding Freeland” future prime minister, who maybe is out campaigning for his job now and not staying in $6,000-a-night hotel rooms. That might be the inspiration for her campaign.

The paper continues, “Predictably Labor pledged to improve ministerial standards upon returning to government in 2007, and under Prime Ministers Kevin Rudd and Julia Gillard committed to a more compact set of Standards of Ministerial Ethics. This has largely remained intact, although renamed as the Statement of Ministerial Standards by new Liberal Prime Minister Tony Abbott in 2013.” So there were new ministerial standards and there was an open and accountable government.

I'm not sure we're getting open and accountable government when the Prime Minister and the public safety minister were briefed about Chinese interference in our elections and threats to an MP and yet did nothing for two years. That's not very open or accountable, in my mind.

In section 1 of Prime Minister Tony Abbott's updated code, under “Principles”, a couple of references are made to individual ministerial responsibility, particularly in carrying out their duties. Paragraph 1.3(iii) of the code states, “Ministers must accept [accountability] for the exercise of the powers and functions of their office...and the conduct, representations and decisions of those who act as their delegates or on their behalf—are open to public scrutiny and explanation.”

Furthermore, “Ministers must accept the full implications of the principle of ministerial responsibility. They will be required to answer for the consequences of their decisions and actions”.

That's paragraph 1.3(iv). What a concept, actually being answerable for the consequences of your decisions and actions.

When there's a decision to spend $3.1 trillion over the next five years, I think it's not a very high threshold to say that the Minister of Finance, in this “finding Freeland” exercise, needs to be held accountable by the duly elected members of Parliament who are scrutinizing this record level of spending.

Section 5 of that updated Australian ministerial accountability policy is called “Accountability” and it goes on to say, “Ministers are required to provide an honest and comprehensive account of their exercise of public office”. What a concept. I'll repeat that one because that's really apropos of what's happening in the House of Commons these days.

Ministers are required to provide an honest and comprehensive account of their exercise of public office, and of the activities of the agencies within their portfolios, in response to any reasonable and bona fide enquiry by a member of the Parliament or a Parliamentary Committee.

I think I should repeat that because I'm not sure everyone was paying attention. So let me repeat that. Section 5 of the Australian code, called “Accountability”, says:

Ministers are required to provide an honest and comprehensive account of their exercise of public office, and of the activities of the agencies within their portfolios, in response to any reasonable and bona fide inquiry by a member of the Parliament or a Parliamentary Committee.

So let's just apply that to the current situation of whether or not we have ministerial accountability in this government. We don't have it, clearly, given the difficulty that the House of Commons finance committee has been having in getting the Minister of Finance—the “finding Freeland” exercise—to committee to be held accountable. How can you, when the total number of appearances in the House of Commons since January is five, each worth $100 billion, as I said earlier?

The current Minister of Public Safety—and I know we were dealing with a subamendment on public safety—refuses to answer a simple question. On what date was he briefed on China interference?

Oh, did he? I'm told he did answer about the date.

What was the date? Was it Monday? It was Monday.

So the Minister of Public Safety was kept in the dark on the issue of China's interference with the member of Parliament, but as we know from the appearance of the Prime Minister's chief of staff, Ms. Telford, before a parliamentary committee—and she would never mislead a parliamentary committee, I'm sure—the Prime Minister reads everything, and in particular national security briefs.

So it's unbelievable that the Prime Minister wouldn't have known about this two years ago when the note came up. If he had, there's something wrong about Ms. Telford's testimony, and it says a lot about the Prime Minister's leadership that if he was briefed on this important public safety issue two years ago, he didn't inform his Minister of Public Safety about it—the person, and I'll quote from the Australian document, who is responsible for “the activities of the agencies within their portfolio”.

Why would the Prime Minister and the Privy Council Office not ensure that the Minister of Public Safety knew? Why would he know only on Monday, two years after the fact? That's incredible.

Ministerial accountability seems to be something very odd here, or maybe it's just a pattern, since apparently the Prime Minister rarely spoke to the former minister of justice about anything until the time he wanted to interfere in the charges against SNC-Lavalin, again, trying to override ministerial accountability. The Attorney General of Canada and independent head of lawmaking had integrity that we don't often see in this government and said no. She told the Prime Minister she wasn't going to interfere.

Now that's accountability, under the Australian position on ministerial accountability, that we don't seem to be getting from the Minister of Finance in her five $100-billion appearances in the House and her desire to avoid being accountable for a budget that plans to spend $3.1 trillion in the next five years.

While Australia also has a cabinet handbook, which was publicly available for the first time in 1984 and which has existed in some form since 1926, its focus is on internal operations of cabinet and ministerial codes, and the conduct more explicitly addresses individual ministerial responsibility.

It's much like the open and transparent 2015 Liberal government guide that guides all of cabinet, which primarily dictates how you conduct yourself in cabinet and that kind of thing. It has a very thin section on ministerial accountability and the role of Parliament. This is from a government that said, in 2015, that it would restore integrity to parliamentary committees, restore openness and transparency, return ministerial accountability and remove parliamentary secretaries from driving the agenda in parliamentary committees.

I sit on two other committees, and I've seen the parliamentary secretaries drive those. Certainly last year, on Bill C-11, I sat in and saw the Parliamentary Secretary to the Minister of Canadian Heritage whipping everybody and driving every single issue of debate. It was yet another promise broken.

May 1st, 2023 / 5:05 p.m.
See context

Chair, Council of Canadian Innovators

Jim Balsillie

Yes, a hundred per cent the government can keep up. You have to focus on it deliberately.

I've spent the better part of a year working on predecessors—Bill C-11 and Bill C-27. On the Centre for Digital Rights website, we have a 50-page set of proposed amendments to it.

Canadian HeritageOral Questions

May 1st, 2023 / 3 p.m.
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Liberal

René Arseneault Liberal Madawaska—Restigouche, NB

Mr. Speaker, last week, Bill C‑11 received royal assent. It was a painstaking process and, as we know, the Conservatives and their leader chose to support billionaires and web giants instead of supporting and defending the interests of our Canadian artists.

Now that Bill C‑11 has passed into law, can the minister tell us the impact it will have on our Canadian culture?

Message from the SenatePrivate Members' Business

April 27th, 2023 / 6:30 p.m.
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Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

I have the honour to inform the House that a message has been received from the Senate informing this House that, in relation to Bill C-11, an act to amend the Broadcasting Act and to make related and consequential amendments to other acts, the Senate agrees to the amendments made by the House of Commons to its amendments and does not insist on its amendments to which the Commons disagreed.

The Senate takes note of the Government of Canada's public assurance that Bill C-11 will not apply to user-generated digital content and its commitment to issue policy direction to the Canadian Radio-television and Telecommunications Commission, accordingly.