Cultural policy in Canada can be contentious, but there is one issue – support for Canadian content or Cancon – that unsurprisingly enjoys near unanimous backing. Given the economic benefits, federal and provincial policies encourage both domestic and foreign film and television production in Canada, but there is a special place for certified Canadian content, which is typically defended on the basis of the need to support cultural sovereignty by promoting “Canadian stories.”
Columns
The CUSMA Culture Poison Pill: Why the Broadcast Panel Report Could Lead to Millions in Tariff Retaliation
As Parliament continues its review of legislation designed to implement the Canada-U.S.-Mexico Trade Agreement (CUSMA), I have had the honour to appear before both the International Trade and Industry, Science and Technology committees to discuss the digital implications of the trade agreement. While Members of Parliament have expressed concern with copyright term extension that could cost millions of dollars and restrictions on future privacy safeguards, the issue that has sparked the greatest surprise arises from a provision frequently promoted as a “win” during the negotiations.
My Globe and Mail op-ed notes that the inclusion of a cultural exemption was viewed as an important policy objective for the government, with Prime Minister Justin Trudeau insisting “defending that cultural exemption is something fundamental to Canadians.” The USMCA does, indeed, feature a broad cultural exemption that covers a wide range of sectors. The exemption means that commitments such as equal treatment for U.S., Mexican and Canadian companies may be limited within the cultural sector.
A Demonstrably False Premise: Why “Inevitable” Canadian Internet and Cancon Regulations Won’t Level the Playing Field, Support Canadian Stories or Save a Thriving Industry
Later this week, a government appointed panel tasked with reviewing Canada’s broadcast and telecommunications laws is likely to recommend new regulations for internet streaming companies such as Netflix, Disney, and Amazon that will include mandated contributions to support Canadian film and television production. In fact, even if the panel stops short of that approach, Canadian Heritage Minister Steven Guilbeault and Canadian Radio-television and Telecommunications Commission chair Ian Scott have both signalled their support for new rules with Mr. Guilbeault recently promising legislation by year-end and Mr. Scott calling it inevitable.
My Globe and Mail op-ed notes that the new internet regulations are popular among cultural lobby groups, but their need rests on a shaky policy foundation as many concerns with the fast-evolving sector have proved unfounded.
Platforms or People?: The Liberals and Conservatives Outline Competing Visions of Internet Responsibility
In recent years, there has been growing concern worldwide with the privacy risks associated with mass data collection online, the potential for rapid dissemination of hate speech and other harmful content on the Internet, and the competitive challenges posed by technology companies – often labelled “web giants” – that are enormously popular with the public but which do not fit neatly into conventional cultural and economic policies. My Globe and Mail op-ed argues the Internet policy proposals contained in the Liberal and Conservative platforms offer dramatically different answers to the question that sits at the heart of these policy issues: who should bear responsibility for the potential risks that arise from the Internet?
CBC vs. CPC: Why the CBC’s Attempt to Use Copyright to Stifle Expression Backfired Badly
The CBC’s copyright infringement lawsuit against the Conservative Party over the use of seven short video clips in a campaign ad and several Twitter postings sparked a torrent of criticism as even CBC supporters wondered what executives were thinking. My Globe and Mail op-ed notes that the public broadcaster claimed it was defending the independence of its journalists and journalism, yet the opposite predictably occurred, with many believing that the lawsuit itself demonstrated a political bias.
Recent Posts
My CRTC Appearance on Bill C-11: Why Isn’t the Commission Concerned with Competition, Consumer Choice, and Affordability? 
The Law Bytes Podcast, Episode 187: Jeff Elgie on What the Bill C-18 Deal With Google Means for the Future of the Canadian News Sector 
Skillful Negotiation or Legislative Fail? Taking Stock of the Bill C-18 Deal With Google 
Salvaging Bill C-18: Government Upends Legislation To Bring Google Onside the Online News Act 
Accountability and Antisemitism: The Canadian Heritage Committee Needs To Step Up
