44th Parl. 1st Sess.
June 13, 2022 11:00AM
Madam Speaker, the hon. member knows very well that there has been extensive debate on this bill. There were more than 15 hours of debate at second reading, where we heard from 48 speakers, the overwhelming majority of whom were Conservative speakers, and there has been extensive debate at committee, 21 hours. The reason we are here today is that the Conservatives have been filibustering so much that they will not even let the bill get to clause-by-clause consideration, and they literally filibustered their own motion in committee.
They do not want to debate this bill; they just want to block it. They are fundraising off of fearmongering. We are going to make sure that broadcasters pay for great content in Canada. That is what this is about.
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Madam Speaker, we have seen what has happened at committee. I have seen it first-hand. It is unbelievable. We had the witnesses selected; then the Conservatives started filibustering the witnesses, including the CRTC chair and the minister, refusing to let them come to committee. Then the Conservatives filibustered some more and basically stopped all the committee's functions.
As members know, the job of the committee is actually to improve the bill. There were a number of intervenors. The vast majority of those who came forward at committee were in support of the bill, but they wanted to see improvements, and Conservatives are refusing to allow those improvements to be adopted.
I want to ask my colleague why the Conservatives are blocking everything and why they do not do their job as official opposition and actually improve the bill. That is the reason we are here.
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Madam Speaker, quite frankly, there has been debate at committee, and the Conservatives continue to block. They filibustered for seven hours in 29 hours of debate and 48 speakers. It has been a great amount of time.
While we are reluctant to be at this stage, this is critical legislation. Canadians asked us to pass it. They want us to move on this. This is going to help us shift from cable, which came to my town of Morinville in 1982. Here we are now in 2022, and we can now stream from our cars, backyards or apartments. It is a streaming world. The CRTC needs to catch up. It needs the legislation to do it. We have to get this out and we have to get this bill passed.
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Madam Speaker, fact: We have had Conservatives in this House who obviously have not even read the bill, as they are comparing it to things like the government following people on cellphones. The disinformation has been unbelievable.
Fact: We had witnesses before the committee, including the chair of the CRTC, who were filibustered by Conservatives so they could not come to testify.
Fact: The majority of witnesses overwhelmingly want to see Bill C-11 pass, but want to see improvements. They want the committee to do its work.
Fact: As we found out last Friday, even the Conservatives have submitted amendments, and the NDP, Liberals and Bloc Québécois submitted their amendments a week and a half ago. The committee should be getting to work.
What I do not understand is that we have two block parties in this House: the Bloc Québécois and the block-everything party. The Conservatives are blocking everything that comes forward.
Why are they doing that when the vast majority of witnesses want to see this bill improved?
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Madam Speaker, there is a dull rumble in the room because everyone is so outraged about this motion that they cannot constrain themselves, given the concern they have.
Folks at home might have read the newspaper over the weekend and wondered why there is a rush with this programming motion. The Minister of Canadian Heritage himself said that he was not going to force it through the Senate and that it is not going to become law before the summer, so why the rush to force it through the House? In fact, in The Globe and Mail this week, an article by Bill Curry and Michelle Carbert said this:
The Liberal government says it will not press the Senate to rush the Online Streaming Act into law before the summer recess, even though it moved Friday to shut down debate on the bill in the House of Commons.
In a statement to The Globe and Mail, Canadian Heritage Minister Pablo Rodriguez said the government does not expect the Senate to rubber stamp the bill after it receives final approval in the Commons.
He does not expect a rubber stamp in the Senate, but here in the elected House of Commons, where each of the 338 of us was elected by 100,000-plus constituents to represent 100,000-plus constituents, we are expected to rubber-stamp this piece of legislation. We are expected to rubber-stamp the largest change to the Broadcasting Act in over three decades.
The government wants to say that the bill has had plenty of debate, that it has had tons of time for debate. Do members know when the bill first came before the heritage committee? The first day of meetings on Bill C-11 at the heritage committee was May 24, less than three weeks ago. We have had less than three weeks to hear from parliamentarians and hear from witnesses across the country.
After that, we were still receiving requests to appear before committee, requests from concerned stakeholders across the country who were not able to testify before the committee. These are Canadians and owners of small businesses who will be personally and directly affected by this piece of legislation, but Parliament and its committee could not hear from them. That is what has brought us to this programming motion to force the bill through the House without meaningful debate.
We as parliamentarians have a duty. We as opposition parliamentarians have an exceptional duty and a role to play. I would like to draw the House's attention to one of the great former leaders of Her Majesty's loyal opposition, the right hon. Bob Stanfield. In a memo to his caucus, he said this: “Not only is it unnecessary for political parties to disagree about everything, but some acceptance of common ground among the major parties is essential to an effective and stable democracy. For example, it is important to stability that all major parties agree on such matters as parliamentary responsible government and major aspects of our Constitution.”
Like the great Bob Stanfield before us, we agree on the importance of parliamentary responsible government, whereby Her Majesty's loyal opposition holds the government to account. When certain parties decide that this is no longer necessary and we are derelict in our duties as opposition parliamentarians, we get a motion like this.
I always like to use a thought exercise. What would members of the House, members of the Liberal government and members of the New Democrats say if Stephen Harper had brought forward a motion as draconian as this one? They would be up in arms. They would be up in question period. They would be up in the House complaining about the draconian measures. However, members of the Liberal government, who for years ridiculed and raised the alarm on closure and time allocation, are the worst perpetrators.
As I mentioned, the bill did not come before the heritage committee until May 24, yet here we are. This is not the first time, either. We will recall that this is the same playbook the Liberals used for Bill C-10, the predecessor to this piece of legislation. They used Motion No. 10 to force Bill C-10 out of committee and into the House.
The government wants to say that we need to get this bill through immediately, but what happened with Bill C-10? The government called a summer election and killed its own legislation. It is awfully rich today to hear the Liberals say that we need to act with great haste to pass this piece of legislation when it is just going to sit in the Senate all summer long.
Many of my colleagues have not yet had a chance to speak to this bill, and will not have a chance to speak to it because of the government using time allocation. This is a piece of legislation that will not only impact the entire broadcasting industry, but also every Canadian who listens to music or watches videos online. This motion is being rushed through to meet an arbitrary deadline.
Last week, on Tuesday, the clerk of the Standing Committee on Canadian Heritage sent to members 20 different submissions. Among them were submissions from the Broadcasting Accessibility Fund, the Canadian Association of Film Distributors and Exporters, the Canadian Ethnocultural Media Coalition, Blue Ant Media and Spotify, all of which have been denied a chance to appear before the committee by the government. Now, the government House leader has decided they do not deserve an opportunity to speak before the committee.
There are, in fact, many witnesses who have yet to be heard despite the fact that Bill C-11 would have detrimental impacts on their businesses. These include Anthem Sports and Entertainment, the Consumer Technology Association, the Ontario Association of Broadcasters, which represents radio stations, Blue Ant Media, which I mentioned earlier, the Canadian Communication Systems Alliance, the Canadian National Institute for the Blind and Ethnic Channels Group.
The government could have taken a different approach to how to modernize the Broadcasting Act that meets both the needs and technological realities of today, but does so without impacting digital-first creators and new technologies moving forward. Unfortunately, instead of modernization, it is forcing a 30-year-old regulatory system onto Canadians using new technology that old rules are not compatible with. Perhaps most disappointingly, the government ignored those in the digital media sector and went so far as to accuse them of spreading misinformation.
The tactics the Liberal government has used have been an attempt to discredit anyone who has raised legitimate concerns about the implications of this bill. It has been shameful, and it is not up to the standards of decency Canadians expect from their government.
There are obviously several crucial flaws with this bill that need to be fixed. First and foremost is section 4.2. It is a legislative pretzel: an exception to an exception, and a clause in the bill that leaves open to regulation content that indirectly or directly generates revenue. It seems the government does not even understand how the Internet works or how indirectly gaining revenue works.
I draw the House's attention to an expert, Morghan Fortier, who runs the largest YouTube channel in our country and has found great success globally by using new technology. She says the following when referring to the bill:
It's been written by those who don't understand the industry they're attempting to regulate, and because of that, they've made it incredibly broad. It mistakes platforms like YouTube, TikTok and Facebook for broadcasters like the CBC, Netflix and Amazon Prime. It doesn't understand how those platforms operate, and it ignores the fundamental importance of global discoverability. Worst of all, proposed section 4.2 hands sweeping power to the CRTC to regulate...small businesses like mine that are not even associated with broadcasters.
This is from the person who has Canada's most successful YouTube channel. She has found success globally, yet this piece of legislation would constrain and restrain that success globally.
They have said time and again that the CRTC will not regulate user-generated content, but the bill, in black and white, gives it the power. Worse yet, despite repeated requests, the government has refused to release its policy directive to the CRTC that would provide the interpretation of how this bill would be implemented. This “just trust us” approach that the Liberals are following does not inspire confidence.
In fact, just last week, the Minister of Canadian Heritage appeared before committee and told us outright that he would not provide the policy directive until after the bill had received royal assent. After the legislation has been passed, after parliamentarians have passed the legislation, only then will the government tell us how it will be interpreted and how the CRTC will do so.
What is more is that during the minister's appearance at committee, he refused to offer a definition of discoverability. In fact, discoverability is mentioned in the piece of legislation. It is mentioned in Bill C-11, but it is never defined. Until we see the policy directive, we do not know how the CRTC will be directed to implement discoverability.
It comes back to what the Liberals said they would never do. In their 2015 election platform, the Liberals said, “We will also change the rules so that Ministers and Parliamentary Secretaries no longer have a vote on committees.” That did not last very long, because now parliamentary secretaries not only sit on committees, but they also have votes and are directing the work of committees.
In fact, last week in the House of Commons, the government House leader said, “let us talk about some of the things we do not do. What we do not do is use parliamentary secretaries in committee to control committees and not allow members to ask questions.”
A little more than one hour after the government House leader said this, it was none other than the Parliamentary Secretary to the Minister of Canadian Heritage who, at the beginning of questioning witnesses, filibustered witness testimony to try to move a motion without debate and to move to clause-by-clause. This not only prevented members from questioning witnesses, including the Minister of Canadian Heritage himself, but it also would have had the effect of preventing dozens of other witnesses who wished to testify from testifying.
On Monday and Wednesday of last week, it was again the Parliamentary Secretary to the Minister of Canadian Heritage who introduced motions to end study and proceed to clause-by-clause, while dozens of witnesses who wished to appear had been prevented from appearing.
Perhaps what is most concerning is that last week, the Liberal chair of a committee accidentally let it slip that the Liberals had been instructed by their party leadership to have the bill sent back to the House quickly. The member for Vancouver Centre said, “we do not have a lot of time to stretch anything out, because this bill is supposed to be reported back to the House before June 23”. It is supposed to be by who? It is by the Liberals.
The Liberals are directing the chair of a committee to report a bill back. It is shameful. In fact, this closure motion, Motion No. 16, I would dare say is a vote of non-confidence in the Liberal chair of the committee: the member for Vancouver Centre.
I also want to share the words of a digital-first creator, Oorbee Roy, one of the very few digital-first creators who had the opportunity to appear before our committee. She said, “I literally have never gotten a seat at the table—except now, as a digital creator, I'm getting a seat at the table. Representation matters.... Please don't suppress my voice.” Again, that is from Oorbee Roy who found success online as a digital-first creator. As a skateboarding mother, she found success in that market globally. Under this bill, the Liberals are trying to prevent that success.
We in Her Majesty's loyal opposition want to see Canadian creators succeed here in Canada and around the world. We want to see them be able to access and use the tools available to them through the Internet to find that success globally so that Canadian stories, Canadian voices, Canadian music, Canadian television and Canadian film can be enjoyed around the world. Is that not what it is about? It is about sharing the talents of Canadians globally.
I have been very clear that we support making sure that the major streamers, the international foreign streamers, contribute to Canadian productions. We want to see that happen more, and we applaud those companies that are already doing it. We applaud the billions of dollars that Netflix and Disney are investing in Canada and in Canadian-made productions. We want to see more of that. We want to encourage more of that. What we do not want to see happen is Canadian creators being hampered by their ability to export.
We have made some clear commitments about what we want to see changed with Bill C-11. We want to see the removal of section 4.2 to ensure that user-generated content is not subject to CRTC regulation. We want to see a clear definition of discoverability, so we can ensure that one Canadian performer is not lower down to another. We want to see an equality on the Internet to ensure that Canadian arts and Canadian programming are able to excel. We want to see a threshold so that small, independent creators are not captured in a large, cumbersome bureaucratic process.
We want to see updates to the Canadian content definition so that Canadian stories are being told by Canadians. The current definition often sees Canadian stories not being considered Canadian. A perfect example is The Handmaid's Tale. It was written by the great Margaret Atwood and filmed in Ontario, but is not Canadian.
Before we move forward with Bill C-11, we have to get the definition of Canadian content right. Finally, we need to see the policy directive. We need to see the government's instructions to the CRTC of how it will interpret Bill C-11. In the former Bill C-10, the government did that. It released its draft directive before debate in the House of Commons. This time, it refuses to do that.
Bearing in mind these important things and the lack of witnesses we have yet to hear from, I move, second by the hon. member for Chatham-Kent—Leamington:
That the motion be amended:
(a) in paragraph (a),
(i) by substituting subparagraph (i) with the following:
“(i) the committee be instructed to continue hearing from witnesses, including especially Canadian content creators, this month and through the summer adjournment,”,
(ii) by substituting, subparagraph (ii), all the words after the words “11:59 p.m.” with the following: “on Monday, September 19, 2022”,
(iii) by substituting, in subparagraph (iii), all the words after the words “no later than” with the following: “Tuesday, September 27, 2022, provided that the committee has reported back to the House in relation to its order of reference of Thursday, June 2, 2022, in relation to Hockey Canada”,
(iv) by deleting subparagraph (iv) and (v); and
(b) by deleting paragraphs (b) and (c).
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Madam Speaker, as much as I enjoy his voice and how he delivers so eloquently the point he is trying to make, I do disagree with the member. He speaks of witnesses not being able to be heard in committee. I hope the member does not intend to mislead Canadians. Let me remind the member that it is actually members of his party, the Conservatives, who filibustered at committee for the past 29 hours straight and prevented witnesses such as APTN, which the member mentioned, from actually giving testimony.
Will the member let the committee do its work and stop the filibuster?
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