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Why The Secrecy on Bill C-10?: How the Liberals Abandoned Their Commitment to Consultation, and Transparency in Pushing Their Broadcast Reform Bill

I have not been shy about expressing my concerns with the Bill C-10, the Broadcasting Act reform bill. From a 20 part series examining the legislation to two podcasts to a debate with Janet Yale, I have actively engaged on policy concerns involving regulation that extends far beyond the “web giants”, the loss of Canadian sovereignty over broadcast ownership, the threat to Canadian intellectual property, and the uncertainty of leaving many questions to the CRTC to answer. Yet beyond the substance of the bill, in recent days an even more troubling issue has emerged as Canadian Heritage Minister Steven Guilbeault, his Parliamentary Secretary Julie Dabrusin, and the Liberal government abandon longstanding commitments to full consultation, transparency, and parliamentary process.

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February 9, 2021 6 comments News
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Conservative MP Files Amendment Calling on the Government to Withdraw Bill C-10

The second reading debate over Bill C-10, the Broadcasting Act reform bill, took a notable turn on Friday as Conservative MP Michael Kram called for the bill to be withdrawn, adding that politicians could do Canadians a lot of good by “rewriting it from scratch.” The House of Commons debate over Bill C-10 has run far longer than the government or Canadian Heritage Minister Steven Guilbeault anticipated with the bill still not passing second reading and receiving a referral for committee study. The Conservatives have become increasingly critical, pointing (as I have done in my series on the many blunders in the bill) to the expansion of powers of the CRTC, the government secrecy on key policy issues, the uncertainty the bill creates, and the increased costs to consumers during a pandemic.

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February 8, 2021 4 comments News
The Law Bytes Podcast, Episode 76: Higher Consumer Costs and Less Choice – My Appearance Before the Heritage Committee on Broadcasting Act Reform

The Law Bytes Podcast, Episode 76: Higher Consumer Costs and Less Choice – My Appearance Before the Heritage Committee on Broadcasting Act Reform

The Standing Committee on Canadian Heritage last week started what it is calling a pre-study on Bill C-10, the Broadcasting Act reform bill. The hearings raises some significant procedural concerns given that the bill has not yet passed second reading so the committee is technically conducting a study about the bill, rather than studying the bill itself. Moreover, committee members have indicated that they have already been invited to provide potential amendment to a bill that hasn’t even made it out to committee, much less been the subject of any study.

Despite those qualms, I was pleased to be invited to appear before the committee and discuss some of the concerns that I’ve identified with the bill. This week’s podcast features my opening statement and the full exchanges that I had with Conservative MP Keven Waugh and Liberal MP Marcie Ian. The audio isn’t ideal, but I hope that the recordings give a sense of both the policy concerns with the bill and the kinds of questions being asked.

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February 8, 2021 0 comments Podcasts
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The Law Bytes Podcast, Episode 75: The Digital Taxman Cometh

Digital tax policy has emerged as major issue around the world. Canada is no exception. Late last year, the Canadian government announced plans to act on all three fronts: Bill C-10 seeks to address mandated Cancon payment and Finance Minster Chrystia Freeland has promised digital sales taxes by July and what sounds like a digital services tax in 2022.

What is a DST and how might Canada’s digital tax plans play out on the international front?  I spoke with Georgetown University professor Itai Grinberg, a leading expert on cross-border taxation and digital tax issues on December 15, 2020, shortly after the government’s announcement. He joined the Law Bytes podcast to talk about the longstanding approach to multi-national tax policy and the emerging challenges that come from the digital economy.

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February 1, 2021 1 comment Podcasts
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The Law Bytes Podcast, Episode 74: Heidi Tworek on the Challenges of Internet Platform Regulation

The Law Bytes podcast took a breather over the holidays and into early January, but there seemingly is no break for digital policy issues. Over the past few weeks, Internet platforms have found themselves squarely in the public eye as company after company – from Shopify to Twitter to Facebook de-platformed former US President Donald Trump in response to the events in Washington earlier this month. Dr. Heidi Tworek of the University of British Columbia is one of Canada’s most prolific thinkers on Internet platform policies. She joins the podcast for a conversation about the role and responsibilities of Internet platforms, proposals for payments in the news sector, and insights what governments should be doing about better communicating with the public about the COVID-19 global pandemic.

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January 25, 2021 6 comments Podcasts