The Canadian Bar Association appeared before the Standing Committee on Industry, Science and Technology earlier this week as part of the nearly-concluded copyright review. The CBA submitted an odd brief that focused on a mix of issues, including anti-counterfeiting, notice-and-notice, and artists’ resale rights. The notice-and-notice comments captured the attention of at least one MP, who was left puzzled by the position.
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“Why Are You Recommending Notice and Takedown?”: The Canadian Bar Association’s Puzzling Position at the Copyright Review
Over the past two days, I’ve posted on the extremely disappointing review of Bill C-51 with Conservative MPs rarely asking substantive questions of critics and the difficulty the government had in finding expert supporters of the bill. The clause-by-clause review of the bill held earlier this week was not much better. Not only did the Conservative MPs reject all opposition amendments, but the discussion remained acrimonious with attacks against both critics of the bill and opposition MPs.
One of the most worst examples involved a proposed amendment from Green Party leader Elizabeth May which incorporated suggestions from the Canadian Bar Association. The CBA, like many witnesses, expressed serious concern about the inclusion of a provision in the bill that appears to grant judges the right to issue warrants that violate the Charter of Rights and Freedoms (Craig Forcese writes about the government’s anomalous effort to justify this provision). The CBA noted in its brief:
With Justice Minister Peter McKay insistent that the government will not be splitting Bill C-13 into the lawful access and cyber-bullying components, the Canadian Bar Association heads to Parliament hill today to appear before the Justice Committee to discuss the bill. The CBA’s submission features 19 recommendations, including the need […]
The Chair of the Canadian Bar Association’s IP Committee, Torys lawyer Andrew Bernstein, has sent a public letter to the thousands of IP Committee members responding to the media reports of pressure to withdraw a CBA copyright submission. The CBA letter not only debunks claims of secrecy and plagiarism, but […]