Senator Wallin: I have a comment in response to that. I want to put on the record what Attorney General David Lametti said when he spoke about Bill C-10, and when asked specifically about federal regulation of legal internet content. He said that rights and freedoms can be limited. In particular, he said:

. . . when Parliament legislates, it may have an effect on charter rights and freedoms. This may include limiting people’s enjoyment or exercise . . . . This is entirely legitimate. The rights and freedoms guaranteed in the charter are not absolute . . . .

Hon. Pamela Wallin: For the record, Senator Gold, the constitutional design does allow for the Senate to challenge the House of Commons and not just once. You cited the cases yourself. I would also add that declaring “mission accomplished” is also a bit of a risky move when we heard from dozens and dozens of witnesses speaking on behalf of literally thousands of content creators about their concerns. We also heard from former CRTC chairs, from federal judges that this bill would have and could have unintended consequences on a free and open internet.

If I could focus again on what my colleagues have said, if you believe — yes, we have heard the minister say it repeatedly and we’ve heard you say it repeatedly — this bill does not apply to user-generated digital content, why would you not put it in the law itself for clarity? This just continues to raise questions and doubts and it’s just what we do with legislation here. There are, as you know, many questions in the public about the intent of this bill. You have gone so far as to say that you want this to apply to content and generators, other forms of media that have not even been imagined yet into the future. You’re asking us to give you a blank cheque on that. Could you just start and answer the question of why you have not put this in the bill in black and white, in clear language, which is what thousands of people asked you to do?

Senator Wallin: The reason we are all asking you questions that seem similar is because it is not clear in the bill. Senator Miville-Dechêne and Senator Simons presented language — a compromise — inside our own committee. They presented language that would have given the government the right and the opportunity to be clear about what you promised and what they promised publicly, on television shows and in front of the committee.

If you really believe it, then put it in the bill. That’s why we keep asking the same question. A promise in a response to questions and in appearances on television is not law, and we would like to see it written in the bill.

Senator Wallin: On that point, in fairness, Senator Gold, you did raise the issue of the constitutional role of the Senate, but that’s for another time.

To stay on topic, I will read the language of your rejection that you’ve shared with us here. The government has rejected the key amendment that we are talking about here on user-generated content:

. . . because this would affect the Governor in Council’s ability to publicly consult on, and issue, a policy direction to the CRTC to appropriately scope the regulation of social media services with respect to their distribution of commercial programs, as well as prevent the broadcasting system from adapting to technological changes over time . . . .

These are your words — the government’s words.

This rationale, of course, makes it quite clear that the government wants the power to continue to direct the CRTC on user content today, and maintain that power into the future. That’s what it states.

Obviously, these questions remain: Why are you so adamant to regulate user content online? What is your fear?

I ask this because in the discussions over Bill C-10, Minister Guilbeault, who was the minister in charge at the time, suggested that he was concerned about the criticisms of the government that he was seeing online. We have heard very clearly from Minister Lametti that he thinks it is okay to restrict rights and freedoms online if the government chooses to legislate in that direction.

Any bill that requires government policy direction to provide guidance on regulating user expression is leaving too much uncertainty on the most fundamental questions of freedoms.

Why does the government insist on having the ability to directly instruct the CRTC on user-generated content — the actual content — when this is supposed to be an arm’s-length institution?