Canadian Heritage Committee on June 10th, 2021

[The Chair, Liberal, Scott Simms]

Welcome back, everybody. Welcome to clause-by-clause consideration of Bill C-10.

We are in the middle now of a five-hour debate, as was voted on by the House. We have just over two hours left, and we're going to jump right into that.

(On clause 7)

We left off with Conservative amendment 9.3. Just so you are aware, you did not get CPC-9.3 in your original package. The last three digits in your reference number are 641. That takes care of the hymn book.

Last time, Mr. Genuis had the floor. He is not here with us now, but I don't see anyone who wishes to speak to CPC-9.3. We will proceed to a vote.

(Amendment agreed to [See Minutes of Proceedings])

This is a viciously efficient start we have going here. I'm just saying that for the record. Since I'm on record for many other things, I might as well be on it for that too.

There was a CPC-9.4, but as you know, that falls later. No, I'm sorry, that's not right. We're going to CPC-9.5. Is that right? I'm going to check with the legislative clerk for just a moment.

Go ahead, Mr. Méla.

[Philippe Méla, Legislative Clerk]

Mr. Chair, yes, indeed, we are going to CPC-9.5 now, because CPC-9.4 was dealt with earlier at the previous meeting where unanimous consent was asked for because it was not in the right place. Now we are at CPC-9.5.

[The Chair, Liberal, Scott Simms]

If you recall, CPC-9.4 was the motion that should have been placed before. We did not get unanimous consent to return to that, so that brings us now to CPC-9.5. The last three digits for the reference number are 200.

To move that, I'm looking at Mr. Waugh.

Mr. Waugh, the floor is yours.

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

I have a point of order here, Mr. Chair.

I did do a notice of motion that went through the clerk yesterday, but I was wondering if I could move it today instead of Friday.

[The Chair, Liberal, Scott Simms]

I can tell you that it's not a point of order, and you can't move a motion on a point of order, Mr. Waugh.

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Okay.

[The Chair, Liberal, Scott Simms]

I'm going to have to—

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

I was going to get clarification through you.

[The Chair, Liberal, Scott Simms]

Absolutely. I'll give you that clarification in just a few moments, if you wish, but I'm going to go to Ms. Ien right now.

Go ahead, Ms. Ien.

[Marci Ien, Liberal, Toronto Centre, ON]

Thank you, Mr. Chair.

I just wanted to talk a little bit about CPC-9.5. Is it okay to do that now?

[The Chair, Liberal, Scott Simms]

It hasn't officially been moved yet. We have to have a mover to do that.

[Marci Ien, Liberal, Toronto Centre, ON]

I shall wait until it's moved.

[The Chair, Liberal, Scott Simms]

Okay, we're on CPC-9.5.

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Don't worry, Mr. Chair. Let's do it tomorrow. We're fine.

[The Chair, Liberal, Scott Simms]

Okay.

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

We have a long day ahead of us.

[The Chair, Liberal, Scott Simms]

I'm glad you said that.

As you know, everyone, we are having another session at 3:30 p.m to 5:30 p.m. eastern time. You do not have the Zoom coordinates yet, but they will be emailed to you near the end of this meeting. The reason you don't see it is that it hasn't been sent to you yet.

Now we're back to CPC-9.5. That is in our schedule right now. Do I see someone who's moving CPC-9.5?

Is there somebody?

[Alain Rayes, Conservative, Richmond—Arthabaska, QC]

Yes.

[The Chair, Liberal, Scott Simms]

I'm sorry. I didn't see you, Mr. Rayes.

You have the floor, sir. Go ahead.

[Alain Rayes, Conservative, Richmond—Arthabaska, QC]

Thank you, Mr. Chair.

I thought it was automatic, so that's why I waited until you recognized me. Now I realize that I am supposed to move each amendment formally. I'll try to be quicker on the draw next time.

[The Chair, Liberal, Scott Simms]

Mr. Rayes, I'm sorry, but we're not receiving the English translation. Could you very eloquently say the name of your riding so we can do a test?

[Alain Rayes, Conservative, Richmond—Arthabaska, QC]

I am Alain Rayes, the member for Richmond—Arthabaska.

On my end, I do not hear the French interpretation of what you are saying, Mr. Chair.

[The Chair, Liberal, Scott Simms]

We're good now.

I will do a test of my own. Give me the thumbs-up. There you go.

Mr. Rayes, welcome to the virtual world. The floor is yours.

[Alain Rayes, Conservative, Richmond—Arthabaska, QC]

Thank you, Mr. Chair.

With amendment CPC‑9.5, I am proposing that Bill C-10, in clause 7, be amended by adding after line 19 on page 8 the following:

9.2 (1) The Commission shall, for each regulation or order made, or condition imposed, under this Act in relation to an online undertaking, obtain an independent legal opinion as to whether any of the provisions of the regulation, order or condition are inconsistent with the protections provided to Canadians by the Canadian Charter of Rights and Freedoms, particularly those relating to freedom of speech under paragraph 2(b).

(2) The Commission shall publish the independent legal opinion on its website within 10 days after obtaining it and shall cause it to be published in the Canada Gazette.

I want to make clear that subsection 9.2(1), as proposed in the amendment, applies to online undertakings.

I'll explain the rationale behind the amendment.

Actually, before I do that, I want to thank everyone for adopting amendment CPC‑9.3, which the committee debated yesterday and voted on at the beginning of today's meeting. I had forgotten to thank my fellow members for their support.

Amendment CPC‑9.5 isn't very complicated, so everyone should find it quite straightforward. In light of all the concerns raised vis-à-vis the Canadian Charter of Rights and Freedoms, the amendment would require the CRTC to publish an independent legal opinion relating to the charter when it makes a decision or a new regulation regarding online content. The idea is simply to ensure that the rights guaranteed by the charter are protected.

Under the proposed procedure, the opinion would be published on the CRTC's website and in the Canada Gazette, to let all partners, traditional digital broadcasters and Canadians know that the regulation in question was consistent with the charter.

By adopting amendment CPC‑9.5, the legislator, the Parliament of Canada, would be ensuring that the freedom of speech of all Canadians was protected. We know that freedom of speech is at issue and that the bill will most likely be challenged by lawyers, lobby groups and special interest groups. We sense that many university teachers and lawyers have doubts about the work we are doing and the direction in which the bill is going. Accordingly, this amendment gives us another opportunity to ever so slightly improve the iteration of the bill currently before us.

Thank you, Mr. Chair.

[The Chair, Liberal, Scott Simms]

Thank you.

Mr. Shields, you have the floor.