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    New Wikileaks Docs Show Ex-Minister Bernier Offered To Leak Copyright Bill to U.S.

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    Saturday September 03, 2011
    Copyright, U.S. lobbying, and the stunning backroom Canadian response gets front page news treatment today as the Toronto Star runs my story on new revelations on copyright from the U.S. cables released by Wikileaks. The cables reveal that former Industry Minister Maxime Bernier raised the possibility of leaking the copyright bill to U.S. officials before it was to be tabled it in the House of Commons, former Industry Minister Tony Clement’s director of policy Zoe Addington encouraged the U.S. to pressure Canada by elevating it on a piracy watch list, Privy Council Office official Ailish Johnson disclosed the content of ministerial mandate letters, and former RCMP national coordinator for intellectual property crime Andris Zarins advised the U.S. that the government was working on a separate intellectual property enforcement bill.

    The disclosures are particularly relevant since Parliament is set to resume in several weeks with the reintroduction of a copyright reform bill slated to be one of the government’s top priorities. The bill is expected to mirror Bill C-32, the previous copyright package that died with the election in the spring.


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    Prentice Backtracks On Treaty Policy

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    Monday February 04, 2008
    The Hill Times turns itself over to copyright this week with no less than four articles and op-eds on the topic (including one from me revealing a secret meetings between CRIA and the Canadian Ambassador to the U.S. Michael Wilson).  The most important of article is a front page, lead article that is freely available titled "Prentice Backtracks on Treaty Policy, Copyright to Be Exempted."  The article, which includes coverage of the Copyright MPs, notes that just one week ago Foreign Minister Maxime Bernier unveiled a new policy to table international treaties in the House of Commons for debate before proceeding with steps toward ratification.  This policy, which mirrors policies found in the UK and Australia, fulfilled a campaign promise from 2006.

    Yet one week later, Bill Rodgers, Prentice's communication director, is quoted as saying that they plan to introduce the copyright bill first and deal with ratification later.  That is in direct contradiction to the stated policy and clearly counter to the Foreign Minister who says in the same piece "I'm very pleased with this new policy and we'll see in the future what we'll do with that."  If Rodgers is right, what the Conservatives plan to do with it, is ignore it.  As NDP MP Charlie Angus notes, Bernier and the government are about to look fairly foolish as they try to talk their way out of their own policy and their own campaign promise.
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    Why The Conservative Treaty Policy Issue Won't Go Away

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    Thursday January 31, 2008
    I've posted a couple of times this week on the Government's new policy that commits to a House of Commons review of international treaties before introducing implementing or ratifying legislation.  This policy mandates that the Conservatives bring the WIPO Internet treaties for review before tabling their copyright bill.  The policy, which was included in the 2006 Conservative election platform, is based on models in the UK and Australia.  An Australian correspondent has written to note that the Australian government of John Howard abided by this policy as it put the WIPO Internet treaties before the Joint Standing Committee on Treaties for review (it was included with the US - Australian FTA) before it introduced the domestic copyright reform that enabled it to ratify the treaties. 

    Now consider the current Canadian situation.  The Conservative policy leaves little wiggle room - Prime Minister Stephen Harper made the pledge during the election campaign and he has now implemented a policy that states when legislative change is required, "the government is committed to delaying the legislation until the 21-sitting-day period has passed." Note that the Conservatives are already being criticized for not going far enough - the Liberals say it is a misleading policy, while the NDP claims that the policy is not consistent with putting treaties before the House for ratification, not just review. 

    To ignore the policy is to invite even greater criticism.  If Industry Minister Jim Prentice argues that the policy does not apply, he is effectively saying that the bill is not about WIPO ratification, despite consistently claiming otherwise for months.  If he acknowledges that it applies but chooses not to follow the policy, he undermines Foreign Minister Maxime Bernier, his cabinet colleague and the most popular Conservative Quebec MP, who has trumpeted the policy in the House of Commons.  The path is therefore clear - live up to the Conservative campaign promise and current policy by tabling the WIPO Internet treaties before the House of Commons for the 21 sitting day period before moving forward with copyright legislation.
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    Angus Calls for WIPO Debate Before Copyright Bill

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    Wednesday January 30, 2008
    NDP MP Charlie Angus has issued a press release calling on Industry Minister Jim Prentice to abide by the government's commitment to table international treaties in the House of Commons before introducing ratifying legislation by tabling the WIPO Internet treaties before introducing copyright reform legislation.  Last week, the Conservatives unveiled a new policy that injects greater transparency and accountability into Canadian treaty commitments by pledging to table treaties in the House before ratification (the policy was promoted by Foreign Minister Maxime Bernier during Question Period on Monday).  The treaties will be accompanied by an explanatory memorandum and given at least 21 sitting days for debate.  The move follows from the 2006 Conservative election platform that states "a Conservative government will place international treaties before Parliament for ratification."

    Angus rightly notes that "this government has made a commitment to debating treaties. Clearly Mr. Prentice is bound to bring this treaty to the House for a fair and open debate."  I think he is absolutely right on this one.  This was a clear Conservative promise that they've now fulfilled.  It's a good policy (one mirrored by the UK and Australia) that would be completely undermined if the government were to ignore it within days of its announcement.  Before introducing the copyright bill, the government should table the WIPO Internet treaties and the explanatory memorandum in the House of Commons and invite debate from MPs and comments from the general public. 
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