Mr. Speaker, I rise to speak to Bill C-47 because this is an bill respecting the protection of marks related to the Olympic Games and the Paralympic Games, and protection against certain misleading business associations and making a related amendment to the Trade-marks Act. That is what this bill is going to do.
Bill C-47 was introduced, as always is the case when there are going to be Olympic Games in any country, to protect existing trademarks, for words and symbols associated with the Olympics and Paralympics. It was also introduced to prevent unauthorized third parties from advertising in a manner that would suggest a link between their business, goods or services and the games. This is known as ambush marketing. This bill is being put forward to prevent ambush marketing.
The House needs to know that for those of us on this side of the House, especially those of us who live in Vancouver, these 2010 Olympic Games are for us an important moment in the life of British Columbia.
I recall being in cabinet when our government supported fully and whole-heartedly these 2010 Olympic Games. I recall standing there and watching our Prime Minister at the time, Jean Chrétien, standing shoulder-to-shoulder with our provincial Premier Gordon Campbell and others, absolutely shouting in glee when we won those games. We have the province, the federal government, business, and consortiums of people in British Columbia and across Canada for whom the 2010 games are an enormous issue for our province.
We know that British Columbia is a gorgeous province. We know that Vancouver is a beautiful city. We all know this. We also know that when Expo came about in the eighties in British Columbia and Vancouver that Vancouver moved from just being a pretty town to being a beautiful lady. We know the 2010 Olympics will actually make this beautiful city of mine a diva on the world stage.
There is huge support from this party, on this side of the House, when we were in government and now that we are the official opposition, for the 2010 Olympic Games. We understand fully and we support fully the principle of this bill that seeks to ensure that the existing trademark protection for words and symbols associated with both the Olympic and Paralympic Games are in fact enshrined.
Having said that, there are a couple of cautionary words that I want to put on the record. When this bill first came to my attention, I thought as critic that I would actually speak with many people within British Columbia, with the Canadian Federation of Independent Business, with athlete's groups, et cetera, to see if this bill was fine, if they liked it as it was, or if there were any amendments that they felt would make the bill better.
I heard some things that caused me to have a bit of concern. For instance, I actually talked with the Canadian Federation of Independent Business and it had no problem with the bill at the time.
I also spoke to many other people. The Canadian Business magazine had a huge article on this issue. There is some concern that what this bill is doing is actually changing the important part of the legislation. This bill would remove the usual criteria that has been in existence to date wherever Olympic and Paralympic Games have been held. It would remove the criteria that courts usually require if someone were to bring an injunction against a third party to demonstrate that in fact the games or the sponsors would suffer irreparable harm. That has now been removed.
In fact, this is causing some problems because there may be small businesses and other groups who unwittingly might do something that might cause them to have an injunction if they were to have their property and their goods, that they have been selling, seized without first demonstrating that they have caused irreparable harm and allowing them the ability to actually pay for damages that were done.
First and foremost, I think this is a little bit disconcerting to everyone involved, that people are going to be found guilty and then have to prove that they are innocent. It is completely different from the way the laws are applied. The bill would be seeking injunctions against businessmen and entrepreneurs who work in grey areas.
VANOC, to its credit, has said that it is very sensitive to this issue and that it will use its own good judgment and promised not to use this particular new power indiscriminately or without thinking carefully about it. That is good. I am glad to hear that. I have no reason to believe that this will not happen.
There are those who are slightly concerned. For instance, the BCBusiness Magazine was a little concerned about the enforcing of unregistered trademark rights where some general words in the Olympics are now going to be used, words that concern everyone like the simple word “winter”. Used alone, “winter” could be an infringement of a trademark. The simple word “gold”, which is a word that one uses all the time, could be used to infringe on a trademark. The simple word “medal”, or the word “tenth”, may infringe this particular piece of legislation. There are 58 such words and symbols that are going to be brought in and may cause concern.
Many people, especially legal people who have been involved in looking at intellectual property laws et cetera, have asked for some caution. For instance, we have heard from a Canadian research chair in Internet and ecommerce law, from the University of Ottawa Faculty of Law, who has said that experience in other countries during an Olympics suggests that this legislation would create a chill for artists, bloggers, and social commentators who fear that their legitimate expression may lead to a date in court.
What does this mean? What is it going to mean to them carrying on their ordinary work and in fact even asking questions about the games in a blog or asking questions in an email about the games? This could infringe on their rights. This could infringe on their ability to simply put forward any kind of social commentary on the games.
Second, because the bill gives VANOC the power to obtain an injunction to stop the distribution of goods that might violate the law, this provision eliminates the traditional requirement, as I said earlier, to demonstrate irreparable harm. Many people are concerned that they will be found guilty before they have even proven that they will not.
We have heard from a UBC professor, who does intellectual property law, who has said that she has a problem with the games because while everyone understands, and we on this side of the House are in full agreement, that one must protect the interests of corporate sponsors of the games, this is going to make it very difficult for the little entrepreneur who does not have the ability to go to court to support his or her claim in terms of not infringing this property right. This is another problem.
I am going to give the House two examples, one of them is quite humourous. In 2005 a small group was trying to get funds in order to save endangered ferrets. This group organized something called the ferret olympics in which ferrets were going to do feats of daring and out of that this group would raise money to protect the ferrets.
As a result of the 2005 U.S. Olympics committee's changes and protection, the organizers could not call their games the ferret olympics so they had to cancel them. We heard very clearly that the decision came as a special disappointment to a ferret named Spaz who was actually hoping to win the gold in the ferret olympics. We can see how this, which was well meaning, can have some consequences. This case is humorous but another case may not be.
I have a pizza parlour in my riding called the Olympia Pizza and Pasta Restaurant. Many Greeks use the word “olympics”, “olympia” or “olympian” because this is a part of Greek tradition and Greek mythology. The owner has been asked to remove signs from his restaurant because of these coming Olympics. It is alarming because we have found in the Vancouver region alone 15 businesses that use the word “olympic” and have been using it for years, ranging from a real estate office to a boat centre, and actually to a local sex therapist who uses the word “Olympics” in the name.
We have to be careful of the unintended consequences of what in effect is a very good bill and one that this side wishes to support. Of all of the principles that it entails, we feel that there are some elements that should be looked at.
We would like to see the bill actually go to committee. We would like to see the committee ask for witnesses to come forward, not only VANOC alone, but representatives of small business, some of the legal teachers and professors who deal with intellectual property law. We would like to see the actual athletes because we have spoken to Athletes Canada and it has told us that it has some concerns.
For instance, an Olympic athlete living in a small town in Canada will have all of the little sharks in the area wanting to help the guy or the girl to get there and win gold, so they raise money to help the athlete with travel and with all of the things he or she needs. In raising that money, they may hold an event in the city, in the little town, and the event may say “Help Joe Smith get to the Olympics” and “Help Joe Smith win gold at the 2010 Olympics”. Right now Athletes Canada fear that it may not even be able to say that because that would be infringing on the trademark. The fundraising that goes on in little communities who are so proud of their athletes may be jeopardized. I am not saying it will be, but I am saying it may be.
I am asking for a bit of caution to occur at committee and that we ask certain groups to attend. Athletes Canada should come and be present as a witness. We would like to ask the intellectual property law people to come and be present as witnesses. We would like to ask small business communities to come and the Federation of Independent Business should come as well as VANOC.
If there are any things that could create negative, unintended consequences in the bill, then we would be able to amend it at committee. Therefore, we will not have some of these negative, unintended consequences, which I know, having spoken with VANOC and having been a strong supporter of the games, is really something that it would not like to see happen.
I do think we would like the bill to go to committee. We would like the right number of witnesses to come to committee, so that this could be dealt with and then we would be able to stand in the House and, in an unqualified manner, fully and completely support an amended Bill C-47.
Right now I support Bill C-47, but with the qualifications that I spoke about. They are simple things to do. With good intentions we can all come to committee and deal with these issues very clearly in an open and transparent manner, get them fixed, get some of the little things that concern people looked at, so that we can be able to finally say that here we go, these will be the best Olympic Games that Canada has ever seen. And of course, Whistler and Vancouver will shine and we will suddenly have everyone wanting to come to a province and to a city, to the most unusual Olympic Games that have ever happened in the history of the Winter Games.
People will come to a place where they can ski on the mountains, and play golf and soccer on the green grass of Vancouver at the same time. I do not think there have been any other Olympic Winter Games anywhere that people could do that because it has always been winter everywhere. People can have winter up in Whistler and come to Vancouver and cycle under the cherry blossoms that tend to bloom in early March and February in my province of British Columbia in the city of Vancouver.
We are proud of the games and support them. We support the intent of Bill C-47.
I would just like to reiterate that we do have some concerns. This did not just come out of the Liberal caucus. We have spoken to business. We have spoken to professors of intellectual property law. We have spoken to many people who would like to have some assurances and some clarification that in fact this will do exactly what it was meant to do, which is to protect the Olympic and Paralympic symbol, but that it will also protect the small business people who are also trying to be part of the games and who want to ensure that their athletes get to do the best they can. They want to join in the support. They want to use with pride some of the things that at this moment they are very concerned that they may not be able to use.
Having said that, I am prepared to answer any questions that anyone may have to ask me and to make it very clear that I hope the bill will move to committee, so that we will get the kinds of problems we are concerned about discussed and amend the bill so that everyone can enjoy what I know will be the greatest Winter Olympics that the world has ever seen. They will be held in a multicultural community having huge cultural and artistic forms of expression, with the aboriginal people of the west coast, a proud people, being there to display the beauty of aboriginal culture along with all of the many other cultures there including the Chinese, Asians, Ukrainians, Scots and Celts, all of whom have a huge role to play in our part of the world.
One of the things that sold us on the 2010 Olympics was that this was not just going to be about winter sports but this was going to be a place where Canada would show that it is the global nation. Canada is going to show that it is a place where everyone from every culture can come together and stand together with common values and experiences while being very proud of that global culture that is theirs. They want to showcase it to the world, to showcase a remarkable city and a remarkable mountain that is Whistler. It can be a winter Olympics at its best with beautiful green grass and flowers as one travels half an hour down from Whistler to see what Vancouver can be like during the winter, green and beautiful.
This is going to mean a lot for Canada. We wish that the games will be successful. We wish to see this piece of legislation being amended in a way that makes it extremely successful.