Bill C-11 – and its predecessor Bill C-10 – have long been driven by the government’s view that the bill was a winner in Quebec. Bill C-10 was headed for easy passage in 2021, but was derailed by the government’s decision to remove safeguards over regulating user generated content that came largely from the Quebec-based music lobby. Nearly two years later, Canadian Heritage Minister Pablo Rodriguez and his staff have ignored the concerns of thousands of digital creators, disrespected indigenous creators, and indicated that he will likely reject Senate amendments designed to craft a compromise solution, all in the name of keeping Quebec lobby interests satisfied. Yet as the government considers the Senate amendments, the Quebec legislative assembly this week passed a last minute motion calling for further changes to the bill, including scope to enact its own rules and mandatory consultations with the province on the contents of a policy direction to the CRTC that Rodriguez has insisted on keeping secret until after the bill receives royal assent (a full copy of the motion is contained at the bottom of this post). The Conservatives have been calling for the Quebec motion and the Senate amendments to be sent back to committee for further study, which the Globe reports may delay the government’s response to the Senate amendments.
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Apologies Without Accountability: Canadian Heritage Committee Seeks Answers on Government Funding an Anti-Semite
The Standing Committee on Canadian Heritage conducted a long-overdue hearing yesterday on the department’s funding of Laith Marouf, a known antisemite, as part of its anti-hate program. The hearing, which was held almost seven months after the issue began to attract to public attention, featured departmental officials answering questions from MPs seeking to understand how this could have occurred. While most of the discussion emphasized fixing the grant approval process to ensure this doesn’t happen again, that framing misses that there were at least two failures: a process failure that led to the approval and a response failure once officials knew or ought to have known about the process failure. The process failure, including the lack of due diligence, can be addressed by fixing the systems and engaging in greater antisemitism education. But response failure is harder to address since it requires accountability from the department and its ministers that has thus far been absent.
SOCAN Tosses Senators and Digital Creators Under Legislative Bus With New Bill C-11 Misinformation Campaign
SOCAN, a leading Canadian music copyright collective, has launched a misinformation campaign seeking to convince the government to reject a Bill C-11 Senate-backed amendment designed to ensure that the bill covers sound recordings but excludes user content from CRTC regulation. SOCAN has written to all MPs arguing that the amendment should be rejected on the grounds that it could hamper the regulation of “future online services, whose model for delivery of content is not yet known.” In other words, its primary argument is not that the amendment harms its interests today, but rather it is possible that it might restrict some unknown future application. Given its inability to identify a current problem with the amendment, the SOCAN campaign actually serves to confirm that it is consistent with the government’s objectives.
Why Margaret Atwood is Right to Criticize Bill C-11 and What the Backlash Teaches About the Risks of Challenging Government Policy
Margaret Atwood, the famed Canadian author, has been the target of a predictable backlash for her comments criticizing Bill C-11. Her comments, which came in the aftermath of Senator David Adams Richards forceful denunciation of the bill on the Senate floor, describe the bill as “well meaning”, but express concern about the uncertainty over how it will be interpreted, the role of government officials in determining what counts as Canadian, and the secrecy associated with the CRTC. The reaction has led to columnists suggesting she’s speaking nonsense and one writer group calling her comments “misguided and uninformed”. Yet the reality is that Atwood’s comments are consistent with longstanding criticisms raised by many stakeholders. So why the backlash?
Actions Speak Louder than Words: Ministers Rodriguez and Champagne Post Mandate Letter to New CRTC Chair Vicky Eatrides
Canadian Heritage Minister Pablo Rodriguez and ISED Minister François-Philippe Champagne publicly released what amounts to a mandate letter to new CRTC Chair Vicky Eatrides this morning. The letter contains many laudable goals and aspirations: a more timely, transparent, and inclusive commission, an emphasis on competition in telecom, and an affirmation of the importance of freedom of expression in broadcast. Yet what matters when it comes to the current government and communications issues is not what it says, but what it does. The letter may represent a tacit acknowledgement of the disaster that was the Ian Scott era – the ministers themselves note the waning public trust in the CRTC – but the problems go beyond its chair.
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