Site blocking has been on the policy and regulatory radar screen for several years in Canada, starting with the Bell-led Fairplay proposal to the CRTC and demands for site blocking as part of the copyright review. With both the CRTC and elected officials rejecting site blocking proposals, rights holders have turned to the courts. Last month, a Federal Court of Canada judge issued a major website blocking decision granting a request from Bell, Rogers, and Groupe TVA to block access to a series of GoldTV streaming websites.
The case is an important one, representing the first extensive website blocking order in Canada. I’ve argued that it is also deeply flawed from both a policy and legal perspective, substituting the views of one judge over Parliament’s judgment and relying on a foreign copyright case that was rendered under markedly different legal rules than those found in Canada. Allen Mendelsohn, a Montreal based Internet lawyer and sessional lecturer at McGill University joins the podcast this week to help sort through the issues.
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One of Canada’s longstanding digital and economic policy concerns has involved innovation, with fears that the Canadian economy is failing to keep pace with other, more innovative economies. Some point to intellectual property as a critical part of policy equation, arguing that stronger IP laws would help incentivize greater innovation. Economists Nancy Gallini and Aidan Hollis recently released an interesting report for the Institute for Research on Public Policy examining the role of patents and patent policy in Canadian innovators’ decisions to sell their IP rather than continue to develop it in Canada, and the incentives driving this decision. Professor Hollis joins the podcast this week to discuss the report, its link to innovation policy, and what the government could consider to address ongoing concerns.
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Is the Canadian media in a state of financial crisis? Stories on newspaper closures and journalist layoffs have become frustratingly commonplace in recent years, leading to increasingly vocal calls for policy reforms or public funding measures. But Marc Edge, a longtime journalist, editor, and professor at universities around the world, has studied the state of the industry for years and offers a different take. While he is quick to point out the crisis of journalism given cutbacks, he argues that a journalism crisis is not the same as a media crisis. He joins the podcast this week to discuss the historical development of the Canadian media and what the data tells us about the current situation in Canada.
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The cost of wireless services emerged as a political issue during the recent national election, with most parties taking turns promising measures to increase competitiveness and lower consumer costs. The Liberals based their platform on a commitment to reduce costs by 25 per cent over the next two years, a measure that some analysts suggested had already been met. I argued that the 25 per cent reduction target was measuring the wrong thing, noting that “the 25 per cent price decline may sound attractive, but if other countries experience declines of 30 per cent or 40 per cent, it means that Canadians would actually be paying even more relative to consumers elsewhere.”
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In the closing months of the last Liberal majority government mandate, I spoke to a government official about the lessons learned from the prior four years. Their response? If we knew then what we know now, we would have moved much faster on policy. The four years moves very quickly and if you don’t manage to lay the groundwork and introduce proposed legislation within the first 12 – 24 months, it becomes very difficult to enact given competing policy priorities, demands on committee time, Senate review, and a myriad of other challenges.
As I think about what comes next for Canadian digital policy under the new Liberal minority government, those words strike me as more relevant than ever. Even if the government runs more like a majority than a minority (which certainly seems likely on digital policy as no one is forcing an election over privacy or wireless pricing), the same ministers return to their portfolios (which may or may not happen) and the same committee structures return largely unchanged (which will not happen since that INDU chair Dan Ruimy was not re-elected), picking up where the government left off in June will not be easy. Further, the Liberal platform provides the roadmap for future reforms, but moving rapidly on these issues – particularly given expectations that a minority government’s mandate may run shorter than a majority – suggests that quick wins will be preferred to extensive legislative reform.
So what are likely next steps on digital policy?
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