Thank you, Madam Chair.
Members of the committee, colleagues and fellow participants, good morning.
I am a professor of law at the University of Montreal and, since 1979, I have taught the Broadcasting Act. I participated in the drafting of the new Broadcasting Act of 1991, including as research director of the Caplan-Sauvageau Task Force, which was responsible for the current version of the Broadcasting Act.
The purpose of Bill C‑11 is to ensure that all undertakings engaged in the business of broadcasting and distributing programming by means of the Internet or otherwise operate in harmony with the requirements of Canadian broadcasting policy, which is set out in section 3 of the Broadcasting Act and which the bill in fact proposes to amend and supplement. By proceeding with this long overdue update, Parliament will be engaging in a necessary catch-up exercise in the development of the legislative framework for the broadcasting of audiovisual creations, which are increasingly dependent on online environments.
This upgrade is essential to ensure that our communications system functions as a conduit that carries information of all kinds, and also gives Canadians the effective opportunity to choose programming or to produce and broadcast programming that reflects the rich diversity of our society and the existence of Canada's official languages and the languages of indigenous peoples.
Since 1991, the Broadcasting Act has had very clear provisions prohibiting the CRTC from making decisions that would violate freedom of expression. It is unfortunate that because of unsubstantiated allegations that the proposed amendments to the Broadcasting Act may result in regulations that would infringe on freedom of expression, the legislation has ended up with all sorts of exclusions and supposed clarifications that only make the text more cumbersome.
Nonetheless, the wording that Bill C‑11 proposes for paragraphs 3(1)(q) and 3(1)(r) of the Broadcasting Act is to be welcomed. These additions explicitly address the need to promote the discoverability of Canadian works. In this sense, the legislation adjusts Canadian broadcasting policy to the context of online environments.
On the other hand, subclause 9.1(8) that clause 10 of Bill C‑11 proposes to add to the Broadcasting Act, as drafted, would introduce an unnecessary and dangerous exclusion. This subsection removes the ability of the CRTC to require or regulate the use of particular computer algorithms or source codes.
Taking away this ability of the CRTC to mandate the use of technological tools that are consistent with the ways in which online environments operate would paralyze the regulator's action. It would be forced to limit itself to the tools of the past in order to regulate future technological situations.
In my view, there is no rational reason to exclude the possibility of imposing the use of software tools to ensure that undertakings operate in accordance with the principles and objectives of Canadian broadcasting policy. I remind you that that policy aims to be inclusive of minorities, such as persons belonging to racialized groups and sexual minorities, as well as to ensure the place of indigenous peoples in the overall system.
I will conclude by saying that to ensure the transparency of the act, it would also be appropriate to ensure that the making of orders by the CRTC under clause 16 of Bill C‑11 be subject to public hearings.
I am, of course, available for further discussion and to answer your questions.