Evidence of meeting #39 for Canadian Heritage in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was acta.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Charles Vallerand  Executive Director, Coalition for Cultural Diversity
Daniel Drapeau  Counsel, Smart & Biggar, Coalition for Cultural Diversity

3:45 p.m.

Bloc

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

Thank you, Mr. Chair.

Welcome gentlemen.

If I am not mistaken, the Convention on cultural diversity, that is so precious to your coalition, is designed to impress upon signatory and non-signatory countries alike that our culture is so important and fragile that it requires protection and should not be negotiated away in future treaties.

Am I right?

3:50 p.m.

Executive Director, Coalition for Cultural Diversity

Charles Vallerand

Indeed, that would be one way of looking at it.

In actual fact, it states that cultural goods and services are also economic commodities, and as such, embody culture, identity, meaning and values. They occupy an entirely different space from commodities such as carpets, trains and cars in the lives of our societies.

3:50 p.m.

Bloc

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

Consequently, one of the first sections of any free-trade agreement should refer to the Convention on cultural diversity, to which we are a signatory, and specifically exclude culture or cultural products.

3:50 p.m.

Executive Director, Coalition for Cultural Diversity

Charles Vallerand

You have it. That could be included in the preamble for example.

3:50 p.m.

Bloc

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

Therefore, including it in the preamble would specifically prohibit protocols or negotiations on audiovisual or publishing.

3:50 p.m.

Executive Director, Coalition for Cultural Diversity

Charles Vallerand

That is right. It could even be more detailed than that. Past treaties, for example, have included definitions, lists and inventories as well as an explanation of exempt culture.

3:50 p.m.

Bloc

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

In terms of these current negotiations, why does the European Union, which was one of the first signatories to the Convention on Cultural Diversity, want to negotiate sectors such as audiovisual, publishing and a co-operation protocol in one treaty? Surely, by signing the Convention, they have agreed that these areas are off limits?

3:50 p.m.

Executive Director, Coalition for Cultural Diversity

Charles Vallerand

Publishing is a clear-cut case. However, I do not see what you are referring to when you mention audiovisual since the Europeans have made no representations in this area. At least, I am not aware of any.

It was really Quebec that floated the idea of the protocol, not the European Union.

3:50 p.m.

Bloc

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

As far as audiovisual is concerned, I seem to remember hearing here that the Europeans do not share our definition of culture. They want to exclude audiovisual from culture. That is what I heard.

3:50 p.m.

Executive Director, Coalition for Cultural Diversity

Charles Vallerand

The scope of the exemption is more—

3:50 p.m.

Bloc

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

I think it was either the Minister of International Trade or one of his representatives that raised the issue.

3:50 p.m.

Executive Director, Coalition for Cultural Diversity

Charles Vallerand

Indeed it was. In this case, it applies more specifically to audiovisual rather than to culture industries as a whole.

3:50 p.m.

Bloc

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

I would like to understand why, when 27 of the 29 member countries have already signed the Convention on Culture, the European Union has brought this back to the table.

3:50 p.m.

Executive Director, Coalition for Cultural Diversity

Charles Vallerand

I have already explained that, as far as we understand the discussions between the negotiating teams, the Europeans want to understand our definition of the provision and how it applies to the agreement as a whole. This is what the minister explained last week. It is basically an issue of form. Should this broad provision apply to the whole agreement? Should it also naturally apply to intellectual property? They are asking these legitimate questions. We have to provide answers. If our responses are not the right ones, we will be in trouble. However, if we provide convincing answers and succeed in rallying the Europeans to the appropriateness of our point of view, we will, in my opinion, carry the day.

3:50 p.m.

Bloc

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

Has your coalition been involved in any way shape or form in these negotiations? Have you had access to privileged information?

3:50 p.m.

Executive Director, Coalition for Cultural Diversity

Charles Vallerand

As I said earlier, we are in conversation with the negotiators. They share information with us that is generally confidential. We endeavour to keep that information confidential.

3:50 p.m.

Bloc

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

Imagine that you become aware of initiatives, which you feel are inappropriate, such as the co-operation protocol. You have said it does not belong in a treaty of this type. What opportunities are there for you to lobby to ensure they are not adopted?

3:50 p.m.

Executive Director, Coalition for Cultural Diversity

Charles Vallerand

Our appearance before this committee today is one opportunity. We also widely promote our positions that are already known to the negotiators and to Quebec. Our members also talk about these issues. Everyone is in favour of co-operation, but there needs to be agreement on the format and substance of any co-operation protocol.

3:50 p.m.

Bloc

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

Preventing the protocol is a matter of principle for you, is it not?

3:50 p.m.

Executive Director, Coalition for Cultural Diversity

3:50 p.m.

Bloc

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

However, it is pretty inoffensive. Take the agreement with India for example. I read up on the issue some time ago. In any event, a co-operation agreement on the film industry was reached. The whole process was rather tentative, but an agreement was developed.

3:50 p.m.

Executive Director, Coalition for Cultural Diversity

Charles Vallerand

As I explained earlier, the danger is that an exemption agreement be followed immediately by discussions on a protocol. This might tempt those whose business initiatives have been stymied by the exemption to interfere in the debate on cultural co-operation. There could be attempts to link the substance or format of the exemption with that of the protocol. The exemption and the protocol need to be dealt with in separate frameworks. They are totally different concepts.

3:50 p.m.

Conservative

The Chair Conservative Michael Chong

Thank you.

Mr. Angus.

3:55 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Thank you very much for coming here today.

The issue is fascinating, but I'm concerned about what exactly we're talking about in terms of an exemption, because Europeans are tough operators when it comes to trade, and so are the Americans. I don't think the Europeans or the Americans mind that we have clog-dancing in some communities and that we might speak two official languages. They're thinking products.

When you're dealing with trade, culture comes down essentially to discs, to films, to their competition against your competition, so if we start to say that we want to ensure cultural diversity, are we talking about maintaining a certain domestic right to ensure that we can set policy in terms of how we use our domestic production and what we limit? That's something they'll certainly take a dim view of, so is that part of what the exemption is?

3:55 p.m.

Executive Director, Coalition for Cultural Diversity

Charles Vallerand

Yes, clearly.