Evidence of meeting #5 for Bill C-32 (40th Parliament, 3rd Session) in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was copyright.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Giuseppina D'Agostino  Professor of Intellectual Property, Osgoode Hall Law School, York University, As an Individual
Michael Geist  Canada Research Chair, Internet and E-commerce Law, University of Ottawa, As an Individual
Barry Sookman  Partner, McCarthy Tétrault, Co-Chair of Technology Law Group, As an Individual

3:55 p.m.

Conservative

Royal Galipeau Conservative Ottawa—Orléans, ON

I'm proposing unanimous consent for 15 minutes.

3:55 p.m.

Conservative

The Chair Conservative Gord Brown

Do we have the consent of the committee?

3:55 p.m.

Liberal

Dan McTeague Liberal Pickering—Scarborough East, ON

Might it not be better to leave, if we are going to do so, say, five minutes beforehand? It's just down the hall. I don't think we need 15 minutes. I mean no offence, but it's five minutes, and then we'll come back.

3:55 p.m.

Conservative

The Chair Conservative Gord Brown

Okay. Are we agreed?

3:55 p.m.

Some hon. members

Agreed.

3:55 p.m.

Conservative

The Chair Conservative Gord Brown

Okay, we will continue. Thank you.

Mr. Rodriguez, you have the floor.

3:55 p.m.

Liberal

Pablo Rodriguez Liberal Honoré-Mercier, QC

The people from the Barreau du Québec said that Bill C-32 was not...

3:55 p.m.

Bloc

Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC

Excuse me, but my colleague reminded me that the whips, if they believe that everyone is present in the House, can move things forward and start before the half hour in question is up. It is therefore not a good idea to go on in this way, up until the very last minute.

3:55 p.m.

Liberal

Pablo Rodriguez Liberal Honoré-Mercier, QC

Okay, 15 minutes--

3:55 p.m.

Bloc

Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC

Mr. Chairman, we heard the bell announcing a vote to be held. Why do we not close our books and come back right after the vote? I believe that that would be the most reasonable thing to do.

3:55 p.m.

Conservative

Royal Galipeau Conservative Ottawa—Orléans, ON

What's she's doing is denying unanimous consent.

3:55 p.m.

Bloc

Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC

No, it is because I do not agree.

3:55 p.m.

Conservative

The Chair Conservative Gord Brown

We've already asked for unanimous consent. We got 15 minutes and there was a general consensus for 20, so let's go for 15 minutes from now.

3:55 p.m.

Bloc

Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC

But we do not have unanimous consent, Mr. Chairman.

3:55 p.m.

Conservative

The Chair Conservative Gord Brown

We did get unanimous consent for 15 minutes so we'll continue until 4:15 p.m. Members can go if they wish, but we did get unanimous consent for 15 minutes.

Continue, Mr. Rodriguez.

3:55 p.m.

Liberal

Pablo Rodriguez Liberal Honoré-Mercier, QC

Can I go for sure now?

3:55 p.m.

Conservative

The Chair Conservative Gord Brown

You're back on. We'll start the clock when you commence.

3:55 p.m.

Liberal

Pablo Rodriguez Liberal Honoré-Mercier, QC

So I still have five or six minutes, right?

3:55 p.m.

Conservative

The Chair Conservative Gord Brown

No, you have one minute and 50 seconds, Mr. Rodriguez.

3:55 p.m.

Liberal

Pablo Rodriguez Liberal Honoré-Mercier, QC

The people from the Barreau du Québec said that Bill C-32 is not consistent with international standards. Do you agree with them?

3:55 p.m.

Canada Research Chair, Internet and E-commerce Law, University of Ottawa, As an Individual

Prof. Michael Geist

Absolutely not. When you take a look at some of the provisions with respect to fair dealing or with respect to digital locks or whatever, it's clear the bill has been vetted by those who recognize what the standards are in international law, and I believe the law is compliant as currently drafted. That doesn't mean I don't want to see changes, but I think it's compliant in the way it's drafted.

4 p.m.

Liberal

Pablo Rodriguez Liberal Honoré-Mercier, QC

Ms. D'Agostino?

4 p.m.

Professor of Intellectual Property, Osgoode Hall Law School, York University, As an Individual

Prof. Giuseppina D'Agostino

I can see the sentiment animating the comment. Perhaps if we go back to a three-step test and the creators' rights, if we look at the fair dealing provision and maybe the UGC provision, then it may contradict international law.

4 p.m.

Partner, McCarthy Tétrault, Co-Chair of Technology Law Group, As an Individual

Barry Sookman

In my view, several provisions would not comply with a three-step test. In my view, education, as currently drafted, is not a special case. It would affect the market and it would unreasonably prejudice the interests of the authors. The UGC provision as well is not a special case. It applies very extensively. It would undermine the market and it would have unreasonable prejudice.

4 p.m.

Liberal

Pablo Rodriguez Liberal Honoré-Mercier, QC

So this should be debated because it's not clear if some sections comply or not.

Do I have any time left?