Mr. Speaker, I am rising today to speak to Bill C-8, An Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts.
Today, I want to express my support for this bill. It is difficult to disagree with the principle. Clearly, combatting counterfeiting is important for Canadian businesses and consumers. I will certainly not speak out against virtue.
However, I would like to express a few reservations that I have, particularly with regard to this government's true commitment to protecting copyright in Canada and the enforceability of the bill. I hope that the government will listen to what I have to say and that my comments will help to improve the measures that will be taken if this bill is passed.
I think that everyone here can agree that we have to crack down on counterfeiting, both because of the negative impact that counterfeit goods can have on our economy and the economies of our neighbours and because of the danger they can pose to Canadians' health.
The clandestine nature of counterfeiting prevents us from being able to accurately determine the scope of the problem for our economy. According to the RCMP, in 2011, 80% of counterfeit goods came from China, a 46% increase as compared to 2005.
According to Industry Canada, counterfeiting has increased in recent years:
The retail value of counterfeit goods seized by the RCMP increased from $7.6 million in 2005 to $38 million in 2012.
Of course, that is only counting the goods that were seized.
In 2009, in a report entitled “Magnitude of Counterfeiting and Piracy of Tangible Products: An Update”, the OECD estimated the value of counterfeit and pirated goods in international trade at $250 billion. These numbers speak for themselves. There is an urgent need for effective measures to combat this growing phenomenon.
The Standing Committee on Industry, Science and Technology recently conducted a study on intellectual property. Many businesses testified in support of taking action at the border to fight the increase in illegal counterfeit goods.
In its 2013 report entitled “Intellectual Property Regime in Canada”, the committee made a number of recommendations regarding action to be taken at the border to prevent the import of counterfeit goods.
Similarly, in a dissenting opinion, the NDP members of the committee argued that the Canada Border Services Agency should be given sufficient funding to combat counterfeiting without compromising the other important responsibilities it has in protecting Canadians and defending our border.
Of course, because this was an NDP recommendation and would require an increase in government spending, even though this measure would protect the Canadian economy, the NDP was forced to submit it in a written dissenting opinion, because the Conservatives are too blinded by their ideology to see the benefits of such a measure for our industries. It makes no sense, but this is not the first time something like this has happened, and it probably will not be the last.
This government is full of contradictions. Only now has it come forward with Bill C-8, a nice collection of good intentions, although for years now, our American neighbours have been calling on Canada to bring in tougher measures against counterfeit products.
In its 2012 Special 301 Report, the Office of the U.S. Trade Representative made a statement regarding the Americans' position.
It said, in part, that the United States “continues to urge Canada to strengthen its border enforcement efforts, including by providing customs officials with ex officio authority to take action against the importation, exportation, and transshipment of pirated or counterfeit goods”.
This bill adds two new criminal offences under the Copyright Act for the possession or export of infringing copies and creates a prohibition against importing or exporting infringing copies and counterfeit goods.
Those are great principles. This could help fight counterfeiting, thereby protecting copyright, and help prevent counterfeit goods from entering the Canadian market—which hurts our economy—or passing through our borders and entering the U.S. The problem is that this will take mare than just words.
I actually have to wonder how this government can possibly claim to be serious about fighting counterfeit goods when in their 2012 budget, the Conservatives announced cuts totalling $143 million over three years to CBSA funding. Some $31.3 million was cut in 2012-13 and $72.3 million in 2013-14, for a total of $143.4 million that will be cut from the CBSA budget by 2014-15.
It is not hard to see that these very cuts will reduce the number of front-line officers and impair our ability to monitor our borders.
What is more, this year's report on plans and priorities indicates a loss of 549 full-time equivalent jobs by 2015 at the Canada Border Services Agency. This will reduce the agency's ability to discharge its responsibilities.
In other words, the government is speaking out of both sides of its mouth yet again. On one hand it says it wants to fight fraud, which is a good thing, but on the other hand it makes cuts that will prevent our border services from doing their job.
This bill gives even more responsibilities to CBSA just as the government keeps reducing the agency's ability to discharge them. Is that really what the government is proposing? I fail to see the logic in that.
Jean-Pierre Fortin, national president of the Customs and Immigration Union, commented on the 2012 budget cuts to the Canada Border Services Agency and how they would reduce border officers' ability to do their work:
These proposed budget cuts would have a direct and real impact on Canadians and our communities across the country: more child pornography entering the country, more weapons and illegal drugs will pass through our borders, not to mention terrorists, sexual predators and hardened criminals.
That is frightening.
In 2012, the union president was already saying that the agency would have a hard time protecting our territory. I wonder where the government thinks the necessary resources will come from for combatting the import of counterfeit goods, protecting Canadian industries, their transit from Canada to the United States, or for protecting Canadians from counterfeit products that might be dangerous for their health and safety, when it keeps cutting the agency's budget.
To effectively combat the entry into Canada of counterfeit goods, we need a lot more than words and good intentions. We need the means.
The NDP supports the measures that would help Canadian businesses keep jobs and production here, instead of transferring them to countries that have stricter copyright protections.
The NDP also wants to ensure that enough funds will be available so that laws like the one proposed in Bill C-8 can realistically be enforced, and so that the agencies responsible for enforcing them do not have to make choices that could compromise their other responsibilities, thus jeopardizing the safety of Canadians.
In this case, if the government is truly serious about wanting to crack down on counterfeit products coming into our country, it will have to give Canada Border Services the means to fulfill all of its responsibilities. The government will have to revise its decision to decrease the agency's budget and reverse the trend of reducing the number of front-line officers.
As I mentioned at the beginning of my speech, the New Democrats support the underlying principles of the bill and will vote in favour of the bill. We just want to ensure that this is not in vain.