- Member of Parliament
- Liberal
- Lac-Saint-Louis
- Quebec
- Voting Attendance: 67%
- Expenses Last Quarter: $123,581.21
- Government Page
Madam Speaker, it is an honour for me to rise at second reading stage of Bill C-26, an act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts.
When we consider the opportunities and challenges before us in this area, we see that the theme of collaboration underpins all that we do. Take, for example, the prevalence of cybercrime in an increasingly online world, improving cyber-defence posture in an unstable global environment, deep thinking about what the future holds in a world where innovation and change are exponential, a critical look at whether our policies and laws are up to the task, and the protection of content and intellectual property as data becomes one of the world's most precious resources.
In Canada, being online and connected is essential. Now more than ever, Canadians rely on the Internet for their daily lives. It is about more than just conducting business and paying bills. It is also about staying connected with loved ones across the country and around the world. We should be able to do all these activities safely and securely.
I would like to offer a few words about what we are doing here in Canada to get that balance right. I would like to reinforce the importance of our commitment to protecting the cyber systems that underpin our critical infrastructure.
The emergence of new technologies such as 5G is one clear reason we need to redouble our efforts. Think about our increased reliance on technology in light of the COVID-19 pandemic. Think about international tensions amidst Russia's unprovoked and unjustified invasion of Ukraine, with threats ranging from supply chain disruptions to state and non-state malicious cyber-activity.
Through all of these remarkable events, the government has been working tirelessly to keep Canadians safe. We recognize that, now more than ever before, secure and reliable connectivity is a necessity for our daily lives and our collective safety and security. It underpins the delivery of critical services, such as energy production, financial transactions, safe transportation and emergency communications.
As part of his mandate, bestowed by the Prime Minister, the Minister of Public Safety is seized with the opportunity and the challenge of developing a renewed national cybersecurity strategy. We need to make sure we articulate Canada's long-term plan to protect our national security and economy, deter cyber-threat actors, and promote norms-based international behaviour in cyberspace.
The Government of Canada is working to enhance the cybersecurity of the country's critical infrastructure. The work to identify cyber-threats and vulnerabilities, and to respond to cyber-incidents, is ongoing. Unfortunately, we have seen that malicious actors continue to attempt to take advantage of the current environment to exploit certain sectors.
However, we are not starting from scratch in our fight against this threat. Since 2018, the Government of Canada has invested a total of approximately $2.6 billion in cybersecurity. Through the national cyber security strategy, the Government of Canada is taking decisive action to strengthen Canada's defence, preparedness and enforcement against cyber-threats.
The strategy was paired with the largest investment in cybersecurity ever made by the Government of Canada, totalling nearly $800 million in the 2018 and 2019 federal budgets. In the 2021 budget, the government allocated an additional $791 million to improve and defend cyber-networks, enhance data collection and protect taxpayer information.
In the 2022 budget, another $852.9 million was committed to enhance the Communications Security Establishment, or CSE, and its ability to conduct cyber-operations, make critical government systems more resilient, and prevent and respond to cyber-incidents on critical infrastructure.
Under the strategy, two flagship organizations were established. One is the Canadian Centre for Cyber Security, under CSE, and the other is the National Cybercrime Coordination Centre, or NC3, under the RCMP.
The Canadian Centre for Cyber Security is a single, unified team of government cybersecurity technical experts. The centre is the definitive source of technical advice, guidance, services, messaging and support on cybersecurity operational matters for government, critical infrastructure owners and operators, the private sector and the Canadian public.
The NC3 coordinates Canadian police operations against cybercriminals and established a national mechanism for Canadians and businesses to report cybercrime to police.
Public Safety Canada's Canadian cybersecurity tool also helps owners and operators of Canada's critical infrastructure to evaluate their cyber-maturity against established benchmarks and by peer comparison. It offers concrete guidance on how they can become more cyber-resilient.
Public Safety Canada also coordinates and delivers cybersecurity exercises for the critical infrastructure community to test and develop capabilities to respond to and recover from malicious cyber-activities. More broadly, the department, as the federal lead on cybersecurity policy, promotes communication and collaboration to raise awareness of cyber-threats and risks, including with our international partners.
Public Safety Canada works closely with CSE's Canadian Centre for Cyber Security to enhance the resilience of critical infrastructure in Canada. The Canadian Centre for Cyber Security shares valuable cyber-threat information with Canadian critical infrastructure owners and operators, in addition to providing public advisories.
Today, I am very proud to say that we can start debating a new bill to further strengthen what we have built. Today we are starting the debate on Bill C‑26, an act respecting cyber security. The objective of this bill is twofold.
First, it would amend the Telecommunications Act to add security as a policy objective, bringing the telecommunications sector in line with other critical infrastructure sectors. This would allow the government, if necessary, to mandate any action necessary to secure Canada's telecommunications system, including its 5G networks. This includes authority to prohibit Canadian telecommunications service providers from using products and services from high-risk suppliers.
Second, it introduces the new critical cyber systems protection act. This new act will require designated operators in the federally regulated sectors of finance, telecommunications, energy and transportation to take specific actions to protect their critical cyber systems, and it will also support organizations' ability to prevent and recover from a wide range of malicious cyber-activities, including electronic espionage and ransomware. Cyber-incidents involving a certain threshold will be required to be reported.
The bill will also give the government a new tool allowing it to take action in response to threats and vulnerabilities with respect to—
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Madam Speaker, this is the second time I am rising in the House to speak to this bill. I also spoke when Bill C-10 was introduced and first debated. I have been very interested in this subject for many years.
I would like to share an experience I had before I was elected. I was a legislative assistant to my predecessor, the well-known Quebec and Canadian politician Clifford Lincoln, who, at the time I worked for him, was the chair of the Standing Committee on Canadian Heritage in the 1990s. Mr. Lincoln is a visionary. He wanted the committee to undertake a fairly thorough, wide-ranging study of the Canadian broadcasting system. The study was spread over several meetings, over several weeks and months. In the end, the committee produced a huge document, an extraordinary tome, on Canada's broadcasting system. I think it was even used in some post-secondary courses, because it essentially became the bible on our broadcasting system.
We realized, even then, that the system was changing very quickly with the new technologies. The committee hired two researchers on contract for the adviser: an academic from the Université de Montréal and an academic from the University of Calgary. I remember that one of the academics, who was an expert, said that in a few years, everyone would be their own documentary filmmaker. He said we would have a device that we could use to film all sorts of things and create our own videos and our own high-quality films, real documentaries of everyday life. In fact, that is where we are now. The broadcasting system has changed extremely quickly.
This bill is essential if we want to adapt to new realities, and we need to adapt urgently. Franco-Canadian and Quebec culture are under constant pressure—obviously we all know that, it has been said in the House—by the cultural machine that exists for the most part in the United States. It is well funded, very powerful and it attracts a wide audience on a regular basis. That means there is enormous pressure on Canadian culture, including Quebec culture.
When the Conservatives constantly challenge this bill and, before that, Bill C‑10, they are not doing any favours to those who want to protect and promote Canadian and Quebec culture. By dragging their feet, the Conservatives, in my opinion, are harming our Canadian creators, including our Quebec creators.
We keep hearing from the Conservative opposition that Bill C-11 is a form of censorship and citizen control by the government, and that Canadians will somehow have their freedom of thought limited by seeing a streaming service menu with a smattering of Canadian works visible on it. I ask members to think back to the 1970s, when the federal government created the MAPL system for radio. Suddenly, we had to listen to a minimum percentage of Canadian music on the radio. Imagine: a kind of music dictatorship.
The boost to Canadian musical performances was significant after the MAPL system was instituted. By the 1990s, Canadian music artists dominated the charts around the world in multiple categories. Actually, by the 1990s, Canadian women music artists dominated the global market. Alanis Morissette, Shania Twain and Diana Krall come to mind.
We do not hear the Conservatives referring to the introduction of the MAPL system as the dark age of radio censorship by the Liberal Pierre Trudeau government. After all, unlike today, there was a limited of number of musical outlets available to access music then. There were no Internet-based music platforms, only a finite number of radio stations owned by corporations, not listeners.
Why did the Conservatives at the time not cry “censorship” or “lack of free choice”? Why did they not say, “We cannot choose what we want to listen to”, “There are no alternative sources”, “There is a limited number of radio stations”, or “If we want to listen to something else, we have to pay at the music store, which is a form of taxation”?
Why did the Conservatives not say, “Stop telling us what to listen to on the radio”? They never asked, “Why will these Liberals in Ottawa not let us listen to what we want?”, or “Why do we have to listen to The Band, The Guess Who, Susan Jacks, Robert Charlebois, Ian and Sylvia, and Michel Pagliaro, alongside the Rolling Stones, Led Zeppelin, Bob Dylan and so on?”
Do members know why? It is because the Conservatives had moderate and reasonable leaders in those days, such as Robert Stanfield, Joe Clark and Brian Mulroney. Do members know why the Conservatives do not object to CanCon in radio today? It is because they know Canadians love their Canadian music and Canadian music artists, and to attack Canadian music would be unpopular, even among the members of their base.
To say the government would be censoring the Internet through Bill C-11 is laughable. No, it is actually preposterous. Such talk creates unfounded fears, and it alarms Canadians for no reason. To say one can censor the Internet today is akin to standing next to Niagara Falls and saying that one can stop the massive and endless flow of cascading water. There is as much chance of the government being able to censor the Internet as there is of me capturing air with my hand, so let us stop the hyperbole and let us stop the antics. They are not worthy of this place.
I received an email from a constituent the other day who strongly opposes Bill C-11. They were obviously on the Conservative Party blast email list. I could tell by some of the themes that kept coming up. I wrote back to explain the facts about the bill, including the reference to charter guarantees in the body of the bill, so I think I will take a moment to read some of these charter guarantees.
It says this quite clearly in the bill:
10.1 For greater certainty, the Commission shall make orders under subsection 9.1(1) and regulations under subsection 10(1) in a manner that is consistent with the freedom of expression enjoyed by users of social media services that are provided by online undertakings.
It is here in black and white. It is in the law.
We can tell the opposition not to worry about it, that it is in the law and that all these guarantees are laid down in the law, but they will not believe it. They still send those emails to their supporters saying the Liberal government is trying to censor their thoughts and trying to influence the way they think for political purposes. It is in the law.
It says this as well, in proposed subsection 2(3), under “Interpretation”:
(3) This Act shall be construed and applied in a manner that is consistent with
(a) the freedom of expression and journalistic, creative and programming independence enjoyed by broadcasting undertakings
It is not even legalese. It is extremely clear, and even a non-lawyer like me can understand it.
When I wrote back to this individual, I also referenced the mandatory charter statement that accompanies all bills tabled by the government, a requirement, as members know, that was instituted by our Liberal government. This was not a requirement before 2015. At that time, when the government introduced a bill, there was no independent charter statement by Department of Justice lawyers, who have the professional responsibilities of integrity and calling it like it is. There was no independent charter statement on a bill, so we saw a lot of bills being introduced by the Harper government that really pushed the limits of charter rights.
I told the individual who wrote to me that the bill is an extension of the decades-old policy of taking measures to ensure Canadian culture is supported in a cultural marketplace dominated by a powerful cultural industry centred outside of Canada and whose priority is not, understandably, Canadian cultural content, to be honest. The person wrote back and said that if Canadian cultural products cannot stand on their own and if they cannot compete in the Canadian cultural marketplace, those products should be left to wither. I thought deep down that this is exactly the Conservative mindset when it comes to culture.
The problem with this view is that it is based on a naive conception of the marketplace and on how the marketplace works in today's reality. It is the ideological belief that today's marketplace is Adam Smith's marketplace: a small town square market where there are no power imbalances between buyers and sellers, and no one buyer, seller or small group of these distorts transactions and bends them to their financial interests. However, that is not an accurate description of the modern marketplace, and I think members will agree.
The fact is that whoever controls distribution controls the market. They control what the market has the opportunity to choose from and consume. This is true in the market for goods and services, which is why, as we know, the banks want to get their hands on insurance. They want to monopolize that market and make sure we buy insurance from them in addition to everything else. This is a normal impulse on the part of market actors, but it is the job of the government to make sure that there are measures in place to prevent this natural tendency toward market dominance from taking place.
In the cultural marketplace, the distributor decides what the audience will see. That is why we have worked so hard to maintain a Canadian-owned broadcasting system in Canada. It is about maintaining an independent distribution system for programming, domestic homegrown programming. If we did not have CTV, Global, CBC/Radio Canada and Télé-Québec, and only had ABC, CBS and NBC in the Canadian broadcasting space, none of the popular Canadian programs we have come to know and love over the years would ever have seen the day. It is that simple.
It is important to mention that streaming services are both distributors and producers. They therefore have an interest in showcasing their own content. The Internet and streaming services are, by definition, not traditional broadcasters, but they are distributors of cultural products nonetheless, and powerful and ubiquitous ones. There is no reason they should not contribute financially to the creation of Canadian cultural products. There is no reason they should not pay their fair share like everybody else.
It is time for the Conservatives to get on board, stand up for Canadian culture and creators and stop telling Canadians that there is a conspiracy to control what they see, think and feel. Such persistent efforts, in my opinion, are a nefarious form of disinformation, and that is why we are at this point here today where we have to get on with the bill. It is a bill that has covered two legislatures and time is pressing. The cultural sphere is galloping ahead with new technologies and new streaming services surrounding us and, of course, providing cultural content that we like to consume. It is not all going to be Canadian, but we should be able to see what the Canadian offerings are.
Somebody asked me the other day if I guessed this means that the CRTC, that great force of evil in the Conservative mind, is going to be writing algorithms for Netflix and Crave TV and whatever other streaming services that we have. The bill says, in black and white, on page 14 of the bill, “The Commission shall not make an order under paragraph (1)(e) that would require the use of a specific computer algorithm or source code.”
Why does the opposition not come clean and mention this in its speeches? It is here in black and white in the bill. The opposition does not care. Even if it is in the legislation, somehow it does not exist. Let us keep going with the talking points that we probably see, I do not know as I do not subscribe, in those blast emails that are moving around the cybersphere as part of the Conservative leadership campaign.
It is here in black and white in the bill. It is also in black and white that the bill does not apply to users of social media. I think it is time to move on. Canadian culture needs the support. It needed the support yesterday. It certainly needs it now. It is time.
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