The Senate Bill C-10 debate wrapped up yesterday with several speeches and a vote to send the bill to committee for further study. Given that the Senate declined to approve summer hearings for the bill, the earliest possible time for the study to begin is the week of September 20th. If there is a late summer/early fall election as most observers expect, Bill C-10 will die. Without an election, Bill C-10 will be back for Senate hearings in the fall with many Senators emphasizing the need for a comprehensive study that features the myriad of perspectives that were excluded from the failed House review.
While the debate in the Senate was marked by consistent calls for more study (my recap of day one, day two), the final debate was punctuated by a powerful speech from Senator David Adams Richards. One of Canada’s leading authors, Senator Richards has won the Governor General’s Award for both fiction and non-fiction, the Giller Prize, and is a member of the Order of Canada. Senator Richards, appointed by Prime Minister Trudeau to the Senate in 2017, warns against government or cultural decision makers and the parallels to Bill C-10:
Read more ›
Last week, I appeared before the Senate Standing Committee on Foreign Affairs as part of its study on the impact and utilization of culture and arts in foreign policy and diplomacy. I was asked to consider the impact of Canadian copyright in foreign diplomacy, leading to an interesting and engaging discussion that touched on everything from the changes to the IP provisions in the TPP to the legality of streaming services. My opening remarks, which emphasized the potential for Canada to engage in copyright diplomacy by serving as model for other countries, is posted below.
Read more ›
The trial of Senator Mike Duffy featured several notable revelations last week about the inner workings of the Prime Minister’s Office. One of the most important was found in a 2013 memo written by former chief of staff Nigel Wright that focuses on the control exerted by the PMO over the Senate. While the Senate is nominally an independent body of “sober second thought”, the memo highlights how the PMO expects Senate leadership to follow directions from the Prime Minister and to avoid developing policy positions without advance consultations and approval.
For anyone who has followed Senate committee reviews of legislative proposals, the Wright memo is not particularly surprising. This past spring, a Senate committee review of Bill C-51, the controversial anti-terrorism legislation, heard from experts such as the Privacy Commissioner of Canada about much-needed reforms. Yet once it was time to vote, the committee left the bill unchanged, lending an air of theatre to the entire process.
My weekly technology law column (Toronto Star version, homepage version) notes that assuming that policy control over Senate committee remains a priority, a recent batch of Senate reports provides new insights into future Conservative policies. Weeks before the election call, Senate committees began releasing long-awaited reports on a wide range of issues including national security, digital commerce, and the future of the CBC. In fact, more Senate committee reports were released in June and July (15 in total) than in the previous 18 months combined.
Read more ›
The Senate is expected to conclude its debate on Bill C-11 with a vote later today. Yesterday, Liberal Senators who heard testimony at the Banking, Trade and Commerce committee brought forward a motion for three amendments to the bill. Senator Wilfrid Moore raises several concerns during debate, but brought a […]
Read more ›