SoVote

Decentralized Democracy

Hon. Tony Dean: Honourable senators, I will preface my prepared remarks by just making a few points about what I have seen unfold this afternoon and this evening.

I think that it is fair to say that this has been a bit of a raucous debate about a pre-study. We have seen increasing degrees of rhetoric, and I think it is fair to say that the words and intentions of Senator Gold and his colleagues have been unfairly mischaracterized repeatedly.

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The Hon. the Speaker: I am sorry, Senator Plett, but Senator Dean’s time has expired.

Senator Dean, are you asking for more time?

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Senator Dean: And I’m not convinced by colleagues in this place who watched the previous government routinely impose time allocations, sometimes allocating bills within a single day, lecturing us on the efficacy of the processes of the Senate.

My last prefaced remark is that I look around this room, and I look in all directions and I look at those from all groups and parties and I see nothing but impressive colleagues, both veterans and recent appointees, who will not allow this institution to slide into irrelevancy, which is a comment that I heard earlier. I’m proud to stand among all of you for that reason.

Now let’s get back to the motion.

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Senator Dean: Well, are you done?

Colleagues, I want to speak briefly to support pre-study of Bill C-11. I want to start with a very short overview of the complexities surrounding the bill to preface my remarks. I have just three pages of remarks.

As you all know, Bill C-11 is designed to modernize broadcasting regulation in the face of revolutionary changes in the creation and consumption of online content in a context that is very much without borders.

Bill C-11 also aims to achieve more inclusivity of people who have been somewhat marginalized in the broadcasting landscape. Large swaths of this landscape are entirely unregulated, and they remain outside the requirements of other producers to create or contribute to the creation of Canadian content.

It is multivariate in nature, as Senator Simons pointed out, and some vocal opponents of Bill C-11 would like to keep it that way. Or, at the very least, they would prefer not to be enveloped by a regulatory framework developed previously for what they might term as “legacy broadcasters.”

Now, colleagues, there is nothing unusual about this in the world of regulation; absolutely nothing. There is nothing unique about it. In the regulatory sphere, colleagues, when it comes down to it, the unregulated rarely embrace regulation in any field. This is not a digital issue; it is a regulatory issue.

As you know, the first effort to regulate this ever-evolving and expanding landscape of digital content creation and consumption was represented in Bill C-10, which was set aside and has made way for Bill C-11. For its part, the government maintains that it has addressed in Bill C-11 some of the concerns raised by opponents of Bill C-10.

Now, colleagues, we have a considerable range of views on Bill C-11 with compelling arguments from those in the streaming services, traditional broadcasters, Canadian artists and creators and consumers of their content. These stakeholders have all raised big, complex issues that require a lot of time to examine. We will not be able to get a grasp of all of them, but a pre-study would allow us to look at four or five big-issue areas, to unpack them a bit and start to explain them to senators. This will be an iterative process, which makes sense. I don’t believe that anybody is rushing into anything. It is about learning, not rushing.

This would be a good pre-study service. It would mean we were all starting from the same point, and we need sufficient time, as a lot of people in this room have said, to start unpacking the bill and move us along a learning curve.

With the revised bill, with all of its complexities on its way into the Senate, why would we not start to carefully weigh the bill and the issues and questions arising from it to reduce the burden of a cold start, to complete an assessment, to get us started and to see if differences can be reconciled?

Colleagues, a pre-study could pass issues, dig into the issues and move this beyond the current polemic. The study of former Bill C-10 in the House of Commons heard from 128 witnesses over 28 meetings. We are now being told that Bill C-11 cures some of those issues identified by witnesses. Why not take a look at that? Why not hear from some of the same witnesses? That would be a good start.

Colleagues, I see this as part of the start of a linear process, not a race to the finish line. To allude to a comment made earlier, I see no buffalo in the room.

Similarly, many colleagues in this chamber have cited problems with the former Bill C-10 during second reading debate, and this would also be an opportunity for them to assess the changes in Bill C-11. We would all benefit from these sorts of analyses.

We did this in various ways with legislation on medical assistance in dying. We did it with cannabis reform, albeit more informally; we initiated vigorous research and debate among those interested in learning about that bill, and that included both supporters and detractors — and I can tell you that there were more detractors than supporters in this place when we started the debate of Bill C-45.

It readied us for our formal debates on those bills and for proposed amendments. This has, obviously, been done in many previous pre-studies in the Senate, including bills that had recently been referred to committee in the House of Commons. I’m not going to repeat the history of Bill C-91 and Bill C-92, both of which were studied concurrently with committee work in the House of Commons.

So, colleagues, I am not sensing that we’re breaking new ground here. I’m not seeing anything revolutionary in this. I am not seeing anything radical in this. The Senate has done it before in similar circumstances, and in doing so, the Senate has contributed to positive outcomes.

I am not sensing a rush. I am not sensing a runaway train. I am hearing a lot of rhetoric about runaway trains, though.

This is exactly what we should be doing, and what I suspect many of us want to do, because it is consistent with our constitutional mandate and responsibilities — to study bills. I am not hearing anyone talking about rushing this work, other than critics of the pre-study. This is not an emergency.

I am not supporting the pre-study because it is rushing anything; I am supporting the pre-study because it is important and I believe it can add value. I am saying nothing more than, “Let’s get on with it.”

Let’s contribute and add value to proposed government legislation. Let’s roll up our sleeves, colleagues, and give the very best of our advice and experience. That is what we should be doing. That is why we are here. That is our responsibility, and I am saying, “Let’s get on with it.”

Thank you.

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Senator Plett: Thank you, Senator Dean.

Let me start with a quote: “I disapprove of what you say, but I will defend to the death your right to say it.”

Senator Dean, I would hope that you would do the same thing, and in your preamble, you chose, rather, to drive wedges again in saying or intimating that when people don’t agree with you, they somehow don’t have the right to their beliefs.

This is a political chamber. I take no issue with somebody scrapping with me in this chamber and then going and having a drink with that individual after the chamber rises. This is a chamber of debate where different opinions are expressed.

Senator Dean, first of all, I do not disagree with probably 85% of your speech, which said, “Let’s roll up our sleeves; let’s get to work.” I agree with all of that. I don’t think any one of us here, any one of us that voted against the pre-study of Bill C-13, can be accused of not wanting to do their job or do their work. We happen to have a disagreement with you on what is important and how we should do things. That is why we have a vote. That is why we have bells. That is why we get together, and when the vote is done, it is over. I have accepted fully the results of the vote we had a few hours ago.

And then you feel the need to come in here and chastise us because of our beliefs. Senator Dean, my question to you is: Do you believe in the democratic system? Do you believe that I have the right? Would you defend to the death my right to my opinion?

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Senator Dean: Well, of course I would defend your right to your opinion, and I would defend the right to the opinions of other people in this room. Absolutely. That is why I’m here. That is part of my responsibility. That is part of who I am.

If you took from my remarks that I was attempting to shut down anybody’s opinions, then I think you are mischaracterizing me, and I regret that.

I commented on the nature of the debate, on its divisiveness, on the fact that I thought that there was an excessive use of rhetoric and that I thought some of the comments that had been made by our colleagues in the Government Representative Office had been mischaracterized.

I stand by all of that without in any way acknowledging — nor do I want to shut down anybody’s right to talk and express their opinion. I have sat here, not left the chamber and listened to everything that everyone has had to say.

I was talking about the tenor of our debate, about the heat and the rhetoric of this debate, which is about a pre-study and a process. I will be honest in saying that I thought that I was hearing the intentions and the words of my colleagues in the Government Representative Office being mischaracterized. That is the way that I felt and I stand by that.

In that way, I was expressing my opinion freely, just as everyone else has in this room today. I am sorry if you did not like it, but we all have that right in this place. We have earned that right. We earn it every day and re-earn it.

Sometimes it is important to make a comment about the nature and the atmosphere of the debate, and that is all that I was doing. If I have offended anyone in doing that, I am happy to apologize. I do not think that I did. That was not my intention. I think the large majority of people in this room understand that.

Thank you, Senator Plett. I acknowledge your comments. I have nothing more to say. Just like anyone else in this place, I have stood up and offered my opinion. I am not going to make any apologies for that.

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The Hon. the Speaker: I am sorry, Senator Plett, but Senator Dean’s time has expired.

Senator Dean, are you asking for more time?

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