It is open access week and this year I had the honour of delivering the keynote address at a terrific open access event co-sponsored by the Ryerson University Library and Archives and the University of Toronto Libraries. My talk – which can be viewed in full here or from the embed below – starts with a review of the remarkable success of open access over the past 15 years, but quickly shifts toward the continuing connection between balanced copyright and open access.
Open Access Promo Material by Biblioteekje (CC BY-NC-SA 2.0)
Open Access
Too Much of a Good Thing: What Lies Behind Canada’s Emerging Consultation Crisis
After years of often feeling excluded from the policy making and legislative process, many civil society groups were excited by the prospect of a new government committed to public consultations and feedback. The Liberal government moved quickly to consult on all manner of issues, providing hope that an emphasis on participatory democracy would lead to better policies and an opportunity to incorporate a broader range of perspectives.
My op-ed in today’s Hill Times notes that two years into the Liberal mandate, the consultative process is now a well-established part of how policy is developed. It is nice to be asked for your opinion, but Canada is increasingly facing a consultation crisis as the sheer volume of hearings, notices, and consultations can be overwhelming.
Why the Government’s ATI Reform Bill is a Promise Broken: Proactive Disclosure ≠ Access to Information
When political parties find themselves in opposition, promising to fix the access to information system invariably seems like a good idea. The public is often skeptical about whether the government is transparent and when combined with a woefully outdated Access to Information Act, reform provides a ripe target. Stephen Harper’s Conservatives promised a long list of access to information reforms before taking power, most of which were never acted upon. Justin Trudeau’s Liberals made similar promises when in opposition, unveiling a 32-point plan in June 2015 that pledged a fair and open government backed by access to information reform.
The government introduced Bill C-58 yesterday, the bill promoted as fulfilling its commitment on access to information reform. Discouragingly, it fails to do so. The bill does include some notable improvements, including implementing order making power for the Information Commissioner and establishing a requirement to justify, with written reasons, why information is redacted. However, the bill does not live up to the campaign promise nor does it fully address longstanding concerns with the law.
Toward a Canadian Knowledge Transfer Strategy: My Appearance Before the Standing Committee on Industry, Science and Technology
The House of Commons Standing Committee on Industry, Science and Technology recently launched a study on intellectual property and tech transfer, which it hopes will feed into the government’s national IP strategy. I appeared before the committee yesterday, which provided an opportunity to provide a perspective that shifted away from encouraging greater university patenting and instead emphasized that the real goal should be knowledge transfer, not just tech transfer. I noted that knowledge transfer certainly incorporates tech transfer but it also includes research papers, data trials, educational materials, and highly qualified students and personnel. My opening remarks also highlighted potential strategic reforms including emphasizing open access, crafting an anti-IP abuse statute, and expanding fair dealing with additional categories or adopting fair use provisions. The ensuing discussion touched on a wide range of issues, including patent and copyright trolls. My opening remarks are posted below.
Ontario Government Placing Big Bet on Open Textbooks
The Creative Commons Global Summit was held in Toronto over the weekend, bringing hundreds of people together from around the world to discuss issues ranging from copyright reform to enhancing collaboration and sharing. As part of the opening of the event, David Lametti, the Parliamentary Secretary for the Innovation, Science and Economic Development, and Deb Matthews, the Ontario Minister for Advanced Education and Skills Development as well as the Minister for Digital Government, both provided words of welcome. Their presence demonstrated how far openness, access, and balanced copyright have come in recent years. Lametti, a leading voice on copyright as McGill law professor, emphasized the important role of balance and flexibility in the copyright system, while Matthews provided a unequivocal endorsement of openness and access.
Matthews provided more than just encouraging words, however. She used her opening remarks to promote the creation of a new Open Textbook Library for Ontario that will feature hundreds of openly licensed, professionally created textbooks providing students with access to free digital texts in dozens of university and college courses.
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Government Doubles Down in Defending Bill C-2’s Information Demand Powers That Open the Door to Warrantless Access of Personal Information
