It is thankfully not everyday that a sitting Member of Parliament uses social media to suggest that you are racist. Yet that is precisely what happened to me last week when Chris Bittle, the Parliamentary Secretary to the Minister of Canadian Heritage, suggested that my public comments on Twitter calling for Heritage Minister Pablo Rodriguez to say something about his department funding an anti-semite as part of its anti-hate program was grounded in racism. Bittle has since deleted the post and apologized. In light of considerable media coverage (CBC, Postmedia) and words of support that came from friends, colleagues, and elected officials from across the political spectrum, I spent the weekend thinking about the incident and decided to offer some reflections.
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The Staffieri or Scott Quiz: Can You Tell the Difference Between the Rogers CEO and the CRTC Chair?
The Standing Committee on Industry, Science and Technology hearing into the Rogers outage was notable for how similar Tony Staffieri, the Rogers CEO, and Ian Scott, the Chair of the CRTC, sounded on key issues related to the outage and the state of Canadian telecom regulation. In fact, Conservative MP Tracy Gray noted during the hearing that “listening to the answers from the executives at the CRTC, I felt like I was actually questioning senior telecom executives not the regulator.” Ms. Gray wasn’t wrong. While it is obviously the role of the CRTC to regulate the industry, the two were often indistinguishable, leading me to create this quiz with actual quotes from the hearing from Staffieri and Scott. Can you tell the difference?
Supreme Court of Canada on Copyright: “Copyright Law Does Not Exist Solely for the Benefit of Authors”
For much of the past two decades, copyright groups have steadfastly sought to deny what the Supreme Court of Canada has repeatedly endorsed, namely that the purpose of Canadian copyright law is to serve the public interest by balancing users’ and authors’ rights. Last week provided the latest episode in the ongoing series as the Court delivered yet another strong affirmation on the importance of copyright balance and the role of technological neutrality, confirming that “[c]opyright law does not exist solely for the benefit of authors.” The decision – SOCAN v. Entertainment Software Association – can read on at least four levels: (1) as a repudiation of SOCAN’s effort to establish a new, additional royalty for the “making available” of music; (2) as a confirmation of the importance of technological neutrality and copyright balance; (3) as an example of the flexibility associated with implementing the WIPO Internet treaties, and (4) as the undeniable entrenchment of Canadian copyright jurisprudence that now features deeply layered precedents on users’ rights.
Why The Government’s “Policy Intentions” For Bill C-11 Don’t Trump the Actual Text
Parliament may be on a summer recess, but the debate over Bill C-11, which is now in the Senate, continues. Yesterday, I engaged in a Twitter debate with Matthew Gray, an official in the office of Heritage Minister Pablo Rodriguez that ultimately focused on the relative importance of the government’s “policy intention” vs. the actual text of the bill. While officials and Minister Rodriguez regularly point to what they intend the bill to do, experts note that the text does not reflect those intentions.
Bill C-11 Now a Trade Issue: U.S. Warns Canada About Online Streaming Act Concerns
Bill C-11, the government’s online streaming legislation, has caught the attention of the U.S. government, which raised it as a concern during a recent meeting between U.S. Trade Representative Katherine Tai and Canadian Minister of International Trade Mary Ng. The issue is cited in the U.S. readout of the meeting, though the Canadian readout of the same meeting notably excludes any reference to the issue. The readout specifically states that “Ambassador Tai expressed concern about Canada’s proposed digital service tax and pending legislation in the Canadian Parliament that could impact digital streaming services.” The reference to concerns with a digital services tax has been raised before, but the inclusion of Bill C-11 is new. The concerns may reflect Canadian Heritage Minister Pablo Rodriguez’s decision to regulate user generated content, an approach not found in any other country in the world.
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The Law Bytes Podcast, Episode 229: My Digital Access Day Keynote – Assessing the Canadian Digital Policy Record
