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Crucial Fact

  • His favourite word was reform.

Last in Parliament March 2011, as Conservative MP for Kootenay—Columbia (B.C.)

Won his last election, in 2008, with 60% of the vote.

Statements in the House

Cultural Grants Acknowledgement Act March 17th, 1997

moved for leave to introduce Bill C-387, an act to require that in the advertising and at the opening of a cultural project supported by public money a public acknowledgement of the grant be made.

Mr. Speaker, I am pleased to present the bill in light of the amount of discussion at the moment concerning issues like Canada cultural grants and things of that nature.

If there were the ability to be able to understand public involvement in some of the cultural projects with public money, two things would happen. First, the public at large would be able to assess the value it has received from its dollars.

Second, it would give ability to the people of Canada to understand the support for cultural events. This would be particularly applicable in areas where federalism seems to be getting a black eye at the moment.

(Motions deemed adopted, bill read the first time and printed.)

Criminal Code March 17th, 1997

moved for leave to introduce Bill C-386, an act to amend the Criminal Code (probation order).

Mr. Speaker, I am pleased to be able to present the bill to the House of Commons, although I am very sad about the conditions which led to my presentation.

Last summer there was a situation where a father beat up his 28-day old son. The judge recommended that there be changes in legislation that would allow judges to attach probation periods to federal sentences.

When sentences are put by a judge where there is full understanding of the situation, the judge at the time of sentencing should be able to set probation standards so that they are not established at some future point in time by people who are unaware of the absolute horror and tragedy of many of these situations.

(Motions deemed adopted, bill read the first time and printed.)

Copyright Act March 13th, 1997

Mr. Speaker, there are times in this parliamentary life when one has to wonder what in the world the government is up to. This particular blank tape levy certainly is one of them.

It was pointed out by the consumers association in its presentation to the committee that the mark-up, which is going to be applied by the government as an additional cost to everyone

buying blank tapes, will be applied at the point of entry into Canada. As everyone knows, about 95 per cent of all of the blank audio tapes sold in Canada are imported.

Therefore, if a nominal 35 per cent charge is applied on to a60 cent tape, now it becomes a 95 cent tape. When it was a 60 cent tape it would have gone from the original importer to some kind of a jobber or distributor, possibly to a wholesaler but more likely directly from the jobber or wholesaler directly to a K-Mart, a Wal-Mart or Eaton's or wherever it would go and we would have a lot of 99 cent tapes or $1.29 tapes with the mark-up applied to the 60 cent landed cost of the tape.

We have been promised what will now happen is the addition of 35 cents, more or less. I do not buy that but let us take 35 cents. Instead of a starting point of 60 cents it will be 95 cents and we will never see 99 cent tapes again. We are going to see a sale price of $1.49 or $1.89 instead of a 99 cent tape.

I do not understand the thought process of the government because if the $12 million it says this tape tax will end up creating was going to be ending up in the hands of the people who they intend for it, I would like to ask who is going to pay the administrative cost to collect the money in the first place? Who is going to pay the administrative costs to be able to distribute the$12 million?

We are going to create a business of collecting and distributing a certain portion of the money that will be extracted from the consumer. The consumer will be paying substantially more because of the decision not only to apply, if it is indeed a 35 cent charge, but the place in which it is applied in the feeding change of the mark-ups. It is applied right at the very start.

If the 35 cents is applied to a 60 cent tape, 95 cent starting point, $1.49 sale price, then on top of that will be the provincial tax and GST applied to the mark-up that was applied to the 35 cent charge. It is absolutely crazy.

This money is not going to get to the people who the government says it is going to get to because of the cost of administration, collection and distribution, really makes me wonder why we are doing this. The minister seems to pride herself very frequently on talking about protecting Canadian culture.

What really goes on more often than not-we just need to take a look at Sports Illustrated for an example-is we end up punching Uncle Sam in the nose. Unfortunately the people on the other side of the 49th parallel have a tendency to get a little bit agitated when we do that.

The industry in the United States is going to say now: "Just a second. Is it not true that the majority of the things that are being recorded from, in other words the CDs and the tapes, is it not a fact that the majority of the music in that medium that is being purchased in a Canadian store is actually an American product?"

The answer to that question is, yes, the vast majority of it is. About 70, 80 to 90 per cent of the product that is being purchased in a store comes through U.S. distribution.

How much logic does someone need to realize that the industry on the other side of the 49th parallel is going to say "you say you are collecting $12 million, we want 80 per cent of the $12 million, we want to collect the money that is due us because the music that is being copied is our property in the first place".

To turn around and make this money available, which will be coming from the blank tapes, exclusively to Canadian based artists and organizations is absolutely going to draw the attention of the U.S. We have already had a warning shot across our bow on this one.

If we are going to be saddling the Canadian taxpayer with taxes on taxes on mark-ups that are created to create this $12 million pool which is going to be attacked by the U.S. government, what are we accomplishing? We are just creating another trade irritant. It does not make any sense.

Furthermore, there is the matter of principle, which we have talked about from a very pragmatic perspective. When the minister was before the heritage committee she said that the vast majority of the 44 million tapes purchased in Canada every year, and there is some question about that number, are being used for the illegal copying of prerecorded material.

What about the churches? What about the colleges? What about the reporters? What about the people putting on sale seminars? What about people who have a legitimate use for these blank tapes? They are guilty by association and they are guilty by virtue of having the audacity to buy a blank audio tape. Suddenly they are guilty of some kind of crime. They are not guilty.

Any law in Canada that as a matter of principle assumes the guilt of a person who is undertaking a normal commercial transaction or indeed doing anything fundamentally in principle is wrong.

In collecting this $12 million, I predict this here and now. I look forward unfortunately with some chagrin to knowing that five years from now we will look back on this speech and be able to say "He was right, we created a trade irritant. That trade irritant actually spilled over to something to do with lumber and to something to do with wheat. It spilled over to something to do with the wool suit trade we have out of Quebec. It was a trade irritant that became part of a conflict between Canada and the United States, all over $12 million that the artists, composers and producers will never ever see".

Why are we doing this? The only answer that I can come up with is that it is very typically Liberal and with due respect to the minister, very typical of the way she does things. If the government does not do it, it will not get done. If the government does not interfere, if the government does not mandate, if the government does not take control, it will not get done.

The mischief that is going to be caused by the blank tape levy I predict within five years will be very measurable. I hope I am wrong but unfortunately I know I am right.

Copyright Act March 13th, 1997

moved:

Motion No. 55

That Bill C-32, in Clause 50, be amended by deleting lines 21 to 38 on page 82, 1 to 47 on page 83, 1 to 41 on page 84, 1 to 46 on page 85, 1 to 44 on page 86, 1 to 44 on page 87, 1 to 46 on page 88, 1 to 46 on page 89, 1 to 42 on page 90 and 1 to 34 on page 91.

Copyright Act March 13th, 1997

moved:

Motion No. 40

That Bill C-32, in Clause 19, be amended by deleting lines 1 to 28 on page 46.

Motion No. 41

That Bill C-32, in Clause 19, be amended by deleting lines 29 to 41 on page 46, and lines 1 to 17 on page 47.

Copyright Act March 13th, 1997

Mr. Speaker, the issue of ephemeral exemption or time shifting as it is sometimes referred to falls into the category of the discussion the parliamentary secretary and I had previously. Frequently measures are brought forward by the government that are not what we would consider to be adequate. Although I recognize that they were brought forward in response to the concerns that had been expressed over the issue of ephemeral or time shifting, the measures that have been proposed by the government, unfortunately in my judgment are singularly inadequate.

It is going to put a tremendous onus on charities and cable companies. I recognize that tapes can be maintained for a period of time. But it is my judgment that period of time is simply not long enough.

Many programs that are captured by the local cable companies during the late summer and fall are broadcast at Christmas time. I do not see how the amendments brought forward by the government would capture that. In other words, the exception proposed by the government will not permit that to happen.

I would like to look now on the impact of copyright in Bill C-32 on francophone broadcasters in general. I read from a brief I received: "Even if the proposed ephemeral exemptions limitation respecting the promotion of a cause or institution were removed, other qualifications of the exception would still make it possible for the stations to use the exception. The proposed exception is currently worded so that it will not apply where a collective can licence an ephemeral reproduction".

It is in this area of collectivity that we were speaking earlier today. As a matter of fact, in the province of Quebec with SODRAC, Société du droit de reproduction des auteurs, compositeurs et éditeurs au Canada, because a collective exists and because of the patchwork the legislation actually represents, a problem remains in spite of the government's move to try and alleviate it.

The bill was originally intended to take 1924 legislation and bring it forward into 1997. It has not occurred in this instance. I used the example earlier today of a small market radio station where a person would be faced with row upon row of CDs that someone will be taking down manually and putting into the CD player as opposed to going into a medium or larger market area where cuts from those CDs have been transferred on to a direct drive and can be accessed at the drop of a pin.

This bill does not recognize the difference between physical manual labour filing and electronic filing. Electronic filing is simply lifting those digital impressions from the CDs or from other medium and transferring them to a direct drive or some other medium. The legislation does not reflect the reality of electronics today. That is a real shame.

Broadcasters across Canada are going to be squeezed as undoubtedly the government is going to be forcing neighbouring rights through. This means that some of the larger operations are going to be looking at a fairly sizeable bill. It is not the $100 bill for the small operation, it is the larger bill for the larger operations. Because of the sheer size of these operations and the number of people that work for them, they will be able to make choices to use electronic equipment, possibly to replace some of their staff so they can pay the neighbouring rights. Then they are going to be faced with a dilemma because they do not have a true ephemeral exemption. There is really no transfer of medium possibility that is a sure thing. We could end up with some kind of a collective or some artist coming after us because we electronically transferred a signal back and forth. Then they are caught on double horns of the dilemma.

The first dilemma is that the government is asking them to pay higher fees in the form of neighbouring rights. The second

dilemma is that they do not know if they will be able to pay for that by laying off one or two people or whatever it is going to take to pay that bill. They do not know if they are going to be able to make use of the electronics that are available today because there is no surety with this legislation.

It was repeated time and time again in committee that what the broadcasters and those in the broadcasting business so desperately need is the assurance of knowing where they are going.

I respect the artists who came before us as I respect the collectives and the artist organizations when they say: "We do not intend to use our privilege of having these copyright privileges". That is all very well and good but if a business is making a $20,000, $200,000 or $200 million decision on what it is going to be doing about new electronic equipment, would it not be nice if it had a bit of an idea of what the rules were going to be when a new crop of artists or perhaps some new people are involved in managing that collective?

This is one of the most flawed parts of the legislation in that a dollar and cent number cannot be applied to it. This is going to create an insecurity within the broadcast industry that should have, would have and could have been resolved with a little bit clearer intent expressed by the government. I think it is a shame.

All I can say is that contrary to all of the wonderful catcalls that we get from the other side, I really believe that at some point, probably in this next election, Reform is going to prevail and when we become government we are going to straighten this sucker out.

Copyright Act March 13th, 1997

moved:

Motion No. 38

That Bill C-32, in Clause 18, be amended by adding after line 8 on page 42 the following:

"30.9 It is not an infringement of copyright for any broadcaster to a ) reproduce any work or other subject-matter that it is legally entitled to broadcast, where it does so for the purposes of transferring that work or other subject-matter to a technical format that is appropriate for the purposes of its broadcasts, providing that the reproduction:

(i) is essential for the compatibility of the broadcast medium,

(ii) is used solely to facilitate the day-to-day operations of the broadcaster, and

(iii) is, when the broadcaster ceases to be legally entitled to broadcast the work or other subject-matter, immediately destroyed by the broadcaster; or b ) make a single reproduction for backup purposes of any work or other subject-matter reproduced under paragraph ( a ), providing the reproduction for backup purposes is destroyed by the broadcaster immediately following the broadcast of the original subject-matter for which a backup was made.''

Copyright Act March 13th, 1997

moved:

Motion No. 35

That Bill C-32, in Clause 18, be amended by replacing line 6 on page 42 with the following: b ) within six months after the day on which ''

Copyright Act March 13th, 1997

moved:

Motion No. 28

That Bill C-32, in Clause 18, be amended by replacing line 10 on page 41 with the following:

"after the six months, the programming under-"

Copyright Act March 13th, 1997

moved:

Motion No. 25

That Bill C-32, in Clause 18, be amended by replacing line 3 on page 41 with the following:

"six months after making it, unless"