French language policy has emerged as a hot-button issue in the breakdown of trade talks between Canada and the U.S. While the U.S. has denied that French is a concern, Prime Minister Mark Carney pointed to U.S. demands involving culture and the French language in his weekend press conference and Canada’s Ambassador to the U.S. Mark Wiseman confirmed that the dispute included the levels of French-language content on U.S.-based streaming services. My post this week speculated that U.S. objections likely extend beyond the CRTC’s discoverability requirements arising from the Online Streaming Act to Quebec’s Bill 109, which is a provincial version of the law focused on French-language content on streaming services. I argued during the legislative process that the Quebec law is unconstitutional, unnecessary, and unworkable, since it encroaches on federal jurisdiction over broadcasting. If the law takes effect, a constitutional challenge will follow, and the federal government will almost surely support it. In other words, the law now cited as evidence that Canada would not cave on culture is likely to be opposed by both the U.S. and Canadian governments, albeit for very different reasons.
Post Tagged with: "Culture"
Culture Off the Table? What the Collapsed Canada-U.S. Trade Talks Reveal About the Carney Government’s Cultural Policy
The Canada-U.S. trade talks collapsed on Friday night with 50 percent tariffs on billions of dollars in Canadian goods now in effect and Prime Minister Mark Carney promising dollar-for-dollar retaliation by early next month, supported by a strong sense of the need to defend Canadian sovereignty. The push for “digital trade alignment”, which I unpacked in a post last week, does not appear to have been a major source of contention, though Carney pointed to late U.S. demands on culture, autos, and sovereignty in a press conference over the weekend and the Globe reports that the inclusion of discoverability rule reforms was rejected by Canadian negotiators. But with the major outlines apparently agreed to, how can Canadians reconcile general agreement on digital policy with the government’s insistence that it would not budge on cultural protections?
Quebec Demands Changes to Bill C-11 as it Wakes Up to the Implications of Losing Control over Digital Culture Regulation
Bill C-11 – and its predecessor Bill C-10 – have long been driven by the government’s view that the bill was a winner in Quebec. Bill C-10 was headed for easy passage in 2021, but was derailed by the government’s decision to remove safeguards over regulating user generated content that came largely from the Quebec-based music lobby. Nearly two years later, Canadian Heritage Minister Pablo Rodriguez and his staff have ignored the concerns of thousands of digital creators, disrespected indigenous creators, and indicated that he will likely reject Senate amendments designed to craft a compromise solution, all in the name of keeping Quebec lobby interests satisfied. Yet as the government considers the Senate amendments, the Quebec legislative assembly this week passed a last minute motion calling for further changes to the bill, including scope to enact its own rules and mandatory consultations with the province on the contents of a policy direction to the CRTC that Rodriguez has insisted on keeping secret until after the bill receives royal assent (a full copy of the motion is contained at the bottom of this post). The Conservatives have been calling for the Quebec motion and the Senate amendments to be sent back to committee for further study, which the Globe reports may delay the government’s response to the Senate amendments.
Canadian Heritage Minister Guilbeault Says Social Media Sites Linking to News Content Without Payment is “Immoral”
Canadian Heritage Minister Steven Guilbeault appeared on The West Block over the weekend in an interview that provides a strong – and disturbing – sense of where the government is headed on Internet regulation. Most problematic was the discussion on compensation from social media companies such as Facebook to news organizations for allowing their users to link to news articles. As I discussed in a post last week examining recent developments in Australia:
Facebook users post many things – photos, videos, personal updates, and links to various content online, including news articles. Those news articles do not appear in full. Rather, they are merely links that send users to the original news site. From Facebook’s perspective, there is enormous value in referring users to media sites, who benefit from advertising revenue from the visits.
Facebook has said that it will block all news sharing on its platform in Australia if the government proceeds with a mandated payment system, noting the limited value of the links and arguing that its referrals that are worth hundreds of millions to the news organizations. If Canada were to pursue the same strategy, Canadian news sites would also likely be blocked and a trade complaint under the USMCA would be a virtual certainty.
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.
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