Madam Speaker, I will take over my colleague's spot.
While I would like to commend the government for tabling legislation that seeks to bring about long overdue changes to bring Canada in line with advances in technology and current international standards--changes that New Democrats have been recommending since 2004, I might add--I cannot commend the bill in its current form, and will not, unless the government is willing to amend the digital lock provisions and restore royalty provisions for artists. The government has yet to create a copyright reform that would balance the rights of creators and the public. Rather, the legislation it has brought forward would satisfy the demands of large American content owners and trump the rights of Canadian consumers.
Canadians did not give the government a mandate to cater to the needs of already hugely profitable content owners while restricting the rights that consumers currently possess. They also did not elect it to waste time fixing problems that never existed in the first place. The government's own clause-by-clause analysis of the bill, obtained under the Access to Information Act, states that the digital lock provisions apply even when there is not an infringement of copyright and the defences to infringement of copyright are not defences to these prohibitions.
It is not hard to fathom why the government would not attempt to find balance in its legislation. We all know that nothing the government has done since May 2 has ever had anything to do with balance. In committee, witness after witness testified that while the bill brings to life some of the much-needed modernization of our outdated copyright laws, major flaws exist within these digital lock provisions. Witness after witness said these flaws could be fixed and that a balance could be found in the same way that many of our trading partners are achieving, including many European countries and now even the United States.
It is clear from everything the government has done since May 2 that the government is simply not interested in anything to do with balance. All of its actions and all of its legislation have been very obviously one-sided and, frankly, ideological. Nothing the government does has anything to do with consultation or with balance. One would think that it had a mandate from a majority of Canadians, but of course we all know that it has a mandate from fewer than 40% of Canadians. The majority of Canadians support neither the government nor its actions, yet the government has the arrogance to completely ignore the concerns of any Canadian who may question its rigid and inflexible agenda.
Ignoring the concerns and advice of witnesses testifying in committee comes as no surprise to anyone in and around this chamber.
Canadians need to know that the Conservative government is making a complete mockery of the time-honoured parliamentary committee process. Governments have used this process for many years to examine proposed legislation and to garner input and feedback from Canadians. This government does not want input and feedback from anyone with a different point of view.
Canadians need to know that this government wants to effectively shut down the committee process, and not just the committee looking at this bill, but most, if not all, committees. The government simply wants to act as a bully, forcing its narrow agenda on the Canadian public and on the majority of Canadians who did not, and do not, support its agenda.
What witnesses have told the government on the bill is that the provisions on digital locks will create problems, problems that do not exist now. They could have serious implications for many creators in the entertainment industry and also for students, who presumably, as has been demonstrated many times over, will have to destroy their notes after 30 days. This is insane. Frankly, it reminds me of Inspector Gadget and Mission Impossible, where notes self-destruct within 30 days.
It makes absolutely no sense that the government would adopt such restrictive digital lock rules, which have, by the way, been described as the most restrictive in the world. A more balanced approach is not only available but is being used with apparent success in most other jurisdictions. What is wrong with balance and flexibility? What is wrong with fairness? It seems those are rhetorical questions when dealing with this government, which knows nothing of the meaning of fairness, balance or flexibility.
It is clear to the majority of Canadians that digital locks as proposed in this legislation will have a devastating effect on our cultural community, a sector that currently contributes $85 billion a year to our economy and supports over 1.1 million jobs. These are very large and significant numbers, especially in the troubling economic times we are currently seeing. Representatives from this sector cannot simply be ignored, but the government is doing just that.
The Writers Guild of Canada told the government that digital locks might work for software. However, from my own background in technology, I would take a different point of view and remind the House that locks keep honest people out. There is a way around every single lock, and I think the hackers of the world have proven that point in their attacks on governments and industry. If a lock is there, somebody will find a way around it.
Also, according to the Writers Guild of Canada, digital locks
are likely to be selected against in the open market as they were with music. They are neither forward-looking nor in the consumers' or creators' best interests. Digital locks, at their best, would simply freeze current revenue streams for creators.
That is pretty clear advice.
The Canadian Internet Policy and Public Interest Clinic told the government that:
Overall, these digital lock provisions are some of the most restrictive in the world.
To achieve a fair balance between users and copyright owners, the government needs to fix the digital lock provisions before this bill passes into law.
I could go on quoting from the cultural community, which told the government that it had a problem with the bill and that the government needed to change the digital lock provisions. Did the government listen? No.
It is as if the government is operating in a cone of silence. I would like to say that it is time to get smart. While we may not be using shoe phones, all of our phones nowadays do have the ability to download and receive copyrighted information. The levies and provisions that existed in former forms of media should be advanced onto the new forms.
The government has to start listening to Canadians. Trying to fix the situation after the demise of a whole industry will simply be too late. I call on the government to go back to the drawing board, rework this legislation and protect our vital cultural industry and the jobs it provides. If not, let us do it in committee.
