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- Bloc Québécois
- Shefford
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- Sep/21/23 2:03:15 p.m.
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Mr. Speaker, what do Jean Leloup, Pierre Lapointe and the member for Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix have in common? They have all participated in the Granby International Song Festival, also known by its French acronym, FICG.
This summer, the FICG celebrated its 55th anniversary. For the occasion, the team decided to rename the top prize “Fabienne” in honour of one of its most illustrious winners, singer Fabienne Thibeault.
The festival has a well-earned reputation for promoting the French language. We need only think of all the francophone artists who have performed there over the years. With such original ideas as the young songwriter contest and the country music weekend, the festival raises the profile of not only the region, but also francophone music and culture as a whole, even on the international stage.
As a friend and admirer of the FICG, I would like to congratulate Josée, Erick-Louis and the entire festival team on their excellent work, and I wish the Granby International Song Festival many more years of success.
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Madam Speaker, I rise today to speak about Bill C‑316, an act to amend the Department of Canadian Heritage Act, specifically with respect to the court challenges program.
The Bloc Québécois supports this bill in principle. We would like to look at Bill C‑316 in committee and make recommendations. The Bloc Québécois's current position already favours the continuation of the court challenges program, especially considering the important role it plays in promoting the rights of francophones outside Quebec. We therefore support the idea of ensuring the program's future by including it in the Department of Canadian Heritage Act.
However, in my speech, I will go over the Bloc Québécois's reservations concerning the program's terms and conditions, especially the lack of clarity surrounding its management and the process for deciding which cases and organizations will receive funding. Next, Bill C‑316 proposes measures designed to make the program's administration more transparent. On the surface of things, it seems to answer a Bloc Québécois demand related to one of our major criticisms of the program, namely, its claim to operate at arm's length from the executive.
Finally, I will address the fact that this program is currently being implemented and administered by the University of Ottawa, but it is impossible to prove that decisions about cases are not politically driven because of the lack of transparency and accountability measures.
First, in terms of transparency, Bill C‑316 states that the organization responsible for administering the court challenges program would be required to report annually on its activities, including disclosure of the list of cases funded during the year. These reports would be tabled before Parliament. The Bloc Québécois believes it is imperative that the reports include not only the cases, but also the recipient organizations, as well as the amounts of money allocated. That is one way Bill C‑316 could be improved. We would also then be able to assess the amount each part of the program receives, in other words, official language rights and human rights. It would be interesting if the report also had to include a list of the unsuccessful applicants.
Second, the fact remains that the court challenges program can be used to fund challenges to Quebec laws, such as the Charter of the French Language and the state secularism law. The crux of the problem is that we cannot pick and choose, based on our political views, which laws should be challenged and which ones should not be, even if we have good reason to believe that some laws that do not pass the test in the Canadian courts would be deemed constitutional under a future constitution of Quebec.
A partial fix for this problem as far as the official languages component of the court challenges program is concerned could involve a program framework that takes an asymmetrical approach to Canada's official languages. Since the Liberal government recognizes that only one of the official languages is at risk, then it should agree to grant program funding only to cases that defend the rights of francophones.
The text of Bill C‑316 amends the Department of Canadian Heritage Act to specify that, in exercising the powers and performing the duties and functions assigned to the Minister of Canadian Heritage under that act, he or she shall maintain the court challenges program.
Here are a few explanations. From the Bloc Québécois's perspective, the court challenges program has two major flaws in its design. The first is the fact that, historically, the program has helped to undermine the protection of French in Quebec. The second is that, historically, the program was politically oriented and acted as the judicial arm of the executive branch.
Bill C‑316 could potentially fix, or at least mitigate, the second problem we see, namely the program's lack of transparency and independence. This would be brought about by adjustments and improvements, in particular by disclosing in the annual reports not just the cases funded, but also all the amounts granted and the recipient organizations.
As for the first problem, it could also be addressed, but this would require refocusing the vision of Canada's official languages policy, which the Liberal government and its NDP ally just rejected in the review of Bill C‑13. This problem could be solved with amendments to this bill or with future legislation.
The court challenges program has gone through three historical phases. First, the date of the program's creation is significant. The court challenges program was established in 1978 in a very specific context of heightened language tensions and Quebec-Ottawa confrontations following the election of the Parti Québécois in 1976, and the adoption of the Charter of the French Language the following year. We know that Canada's prime minister at the time, Pierre Elliott Trudeau, and his government very much disliked Bill 101.
The year after Bill 101 was passed, Ottawa created the court challenges program to subsidize anglophone lobby groups' legal fees from challenging Bill 101. It was not originally a formal program. The Department of Justice decided which cases would be funded and how much they would receive based on its own objectives. This approach obviously put the government in a conflict of interest.
Between 1978 and 1982, the court challenges program funded six cases, half of which challenged Bill 101. At the time, the program was not at all independent. The cases that would be brought before the courts were selected and funded by the executive branch. To assess applications for funding for language rights, a committee was formed by selecting members from among a small group of candidates proposed by agencies that dealt with official languages.
The third version was initially called the language rights support program. The Stephen Harper government, which had cancelled the first program, was forced to create this new program following an out-of-court settlement with the Fédération des communautés francophones et acadienne du Canada, or FCFA.
The new and current court challenges program arose from a Liberal campaign promise in 2015. The administration of the program was entrusted to the University of Ottawa. The program relies on two committees of experts to decide which cases can be funded according to two streams, namely human rights and official language rights. We know that there is a bit of bias here.
Currently, through an access to information request, it is possible to find out which cases were supported, but it is impossible to find out who the recipients were and how much money they got from the program. This means that taxpayers cannot find out how the money allocated to the program is being spent. Since the year 2000, the names of individuals or organizations receiving money cannot be disclosed, after a court ruled that applications and funding contracts are protected by attorney-client privilege. That has made it difficult, if not impossible, to access accurate information for at least two decades. Annual reports, when available, contain only general information and mention only examples.
To ensure transparency and accountability, a report by the Standing Committee on Justice and Human Rights recommended that, after a case is filed, the names of those who received funding from the court challenges program and the nature of the cases be disclosed in each annual report, unless such disclosure would prejudice the litigants. It appears that no follow-up has been done in this regard.
During the committee's consideration of Bill C‑13 on modernizing the Official Languages Act, the Bloc Québécois tabled an amendment to have the program administered transparently, with consideration for the rights granted by provincial and territorial language regimes, and mirroring the position of the Standing Committee on Justice and Human Rights, to ensure as much transparency as possible. The amendment was rejected with the NDP's support, despite the party's claims about supporting Quebeckers' right to self-determination.
Issues related to the program's transparency and independence came into clear view during the controversy surrounding the $125,000 in funding provided to the English Montreal School Board to mount a legal challenge to Quebec's secularism law.
The Liberal government is hiding behind the program's alleged independence to avoid having to address the fundamental issue: the Canadian government's financial commitment to supporting challenges to Quebec's secularism and language laws.
In addition to the transparency issues, the other problem with the court challenges program is that, although it has been used to advance the rights of francophone minority communities in other provinces, it has also been used to challenge Quebec laws that are designed to promote and protect the French language in Quebec.
That problem stems from the main flaw in Canada's official languages policy, which assumes that there is symmetry between the anglophone and francophone minority communities. That structure, which was designed by Pierre Elliott Trudeau and which the Liberals just refused to change when they modernized the Official Languages Act, pits the interests of Quebec against those of francophones in Canada.
In closing, the francophone communities of Canada have good reason to care about the existence of the court challenges program and to hope that it will be around permanently because it advances their language rights. That is the main reason the Bloc Québécois is not calling for the program to abolished. Rather, we are asking for it to be regulated and modernized.
There are some good things about the court challenges program, but it falls into the official languages trap. This would not be an issue if the Liberal Party and the NDP were willing to accept the solution proposed by the Government of Quebec and the Bloc Québécois, which is to use a differentiated approach in the implementation of the Official Languages Act, or in other words, to stop putting both official languages on equal footing.
If the Liberal government recognizes that only one of the two official languages is at risk—
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Mr. Speaker, I humbly rise today following my wonderful colleague from Berthier—Maskinongé's speech about this bill, which is important for Quebec culture and is central to the very mission of the Bloc Québécois. I would also like to commend my colleague from Drummond for his superb work on this file.
Broadcasting is without a doubt the most effective tool for spreading culture, and it helps define our national identity. Given the rapid development of information and communication technologies, the Bloc Québécois obviously supports the idea of modernizing the Broadcasting Act, which has not been updated since 1991. Back then, I was still listening to music on cassette on my yellow Walkman, and I was only just beginning to take an interest in CDs. I had scarcely even heard of the Internet. The Bloc Québécois contributed substantially to improving the previous version of this bill, the infamous Bill C-10.
I will briefly address the new version, Bill C-11, in my speech. First, I will talk about protecting and promoting original French-language content. I will then discuss the misinformation circulating about the bill. I will conclude by discussing the importance of the bill for local media.
First, let me mention a few crucial aspects regarding the protection and promotion of original French-language content: the discoverability of Canadian programming services and original Canadian content so that there is more original French-language content, proportionally speaking; the promotion of Canadian programming in both official languages, as well as in indigenous languages; a compulsory contribution to the Canadian broadcasting system should a company be unable to use Canadian resources for its programming; the presence of first-run French-language content in order to ensure that platforms like Netflix have new French-language programs, not only old shows; and a sunset clause ensuring an in-depth review of the act every five years.
The Minister of Canadian Heritage promised us that the Bloc Québécois's amendments would be included in the new version of the reform, and indeed they are almost all there. Since nothing can be left to chance in such a bill, we are making sure that we can course correct in the event that changing one simple word has a major impact on the effect of the clause. We have to keep in mind that we want a piece of legislation that will not be obsolete as soon as it is passed. Technology is developing very quickly, and we need a long-term vision to ensure that the act does not become outdated after just a few years. Flexible legislation is important.
From day one, the Bloc, backed by Quebec's entire cultural sector, was the party that worked the hardest on improving Bill C‑10 and getting it passed before the end of the parliamentary session. During the last election campaign, making sure that Bill C‑10, now Bill C‑11, was passed was even the first item on our election platform under arts, culture and heritage. Quebec's and Canada's cultural sectors have been waiting for decades for this act to be updated. The cultural sector made a simple demand just a few days after Bill C‑11 was introduced. It asked us to ensure that this bill passed quickly, because the sector had waited long enough.
Essentially, the objective of the bill remains the same: to apply the Broadcasting Act to the web giants by forcing them to contribute financially to the creation and discoverability of Canadian cultural content. The Canadian Radio-television and Telecommunications Commission, or CRTC, will receive new powers that will allow it to determine which online services will have to be regulated and what quotas will need to be met.
Bill C‑11 will help better regulate video streamers such as Netflix, Apple TV+, Disney+ and Amazon Prime Video, but also companies that specialize in streaming music online such as Spotify, YouTube and Apple Music. Bill C‑11 will require these companies to contribute to Canadian content when commercial items such as albums are downloaded and distributed on their platforms.
The exclusion clause, namely clause 4.1, addressed earlier, has been revised. Now creators, users and social media influencers are exempt from the legislation. It still needs to be taken into account. The money a creator earns from their content is immaterial in the eyes of the new legislation. So-called amateur content on social media would be exempt. The legislation focuses specifically on commercial products.
The CRTC will also have the option to impose conditions associated with discoverability and the development of Canadian content. The bill will not touch the algorithms that can influence the recommendations made to users. The department says it wants to focus instead on discoverability outcomes and not intervene directly with respect to web giants' algorithms. Quebec, francophone and Canadian content must be much more accessible on platforms. Ottawa is trying to give the CRTC the power to hold discussions with each of the digital companies to determine how much they could contribute to Canadian content based on their business model.
Second, I would remind members that the Liberals, the NDP and the Bloc supported and tried to improve this bill that the Conservatives were against from the outset. They engaged in a smear campaign and tried to find all kinds of far-fetched flaws. They really used their imagination. In Parliament, they used a variety of stratagems to slow down the process, both in committee and in the House. They took the House hostage under false pretenses, claiming that the bill infringes on freedom of expression.
However, since 1991, there has been a provision that forces the CRTC to respect freedom of expression. This provision has always been respected, and there is nothing to indicate that that will change. Pierre Trudel, a law professor at Université de Montréal who is an expert on the CRTC and information technologies, reassured us of that. He categorically stated that the freedom of Internet users is not at risk. There is no thought police on television, and there will be no thought police online.
Given the popularity and growing use of online platforms, there is no doubt that the legislation needs to be reviewed. According to ADISQ statistics on the music consumption habits of Quebec francophones over the age of 15, 50% of users follow YouTube's recommendations when choosing their playlists. When it comes to streaming services, 26% of users choose music suggested by the platform through playlists, and 17% follow recommendations. This is based on their past listening habits. These figures illustrate the importance of making Quebec and Canadian francophone content easily discoverable to users on online platforms in order to give it a boost.
Solutions do exist to address the algorithms. One option to consider would be for Spotify and Apple Music to offer a lot more francophone playlists.
Part of the CRTC's mission is to ensure the proper functioning and development of the Canadian broadcasting system. In doing so, it must respect freedom of expression and the other foundations of the Canadian Charter of Rights and Freedoms.
Third, both Quebec's and Canada's broadcasting industries are in crisis. According to an August 2020 report from the Canadian Association of Broadcasters, or CAB, local television and radio broadcasters were projected to face a revenue shortfall totalling $1.6 billion between 2020 and 2022. According to the CAB, 50 radio stations were at risk of shutting down within four to six months of the report's release, and another 150 could go silent within 18 months, resulting in 2,000 job losses, or 24% of 2019 employment levels. The report added that at least 40 of the 95 private and local television stations in Canada would cease operations by 2023.
The most vulnerable operations are AM stations, independent stations and other private radio and TV stations in smaller markets across Canada. Radio and television revenues have been declining for several years, and COVID-19 exacerbated these disconcerting trends.
We know that the Internet has revolutionized the way Quebeckers, particularly young Quebeckers, consume their favourite TV shows, movies, radio stations and music. Consumption trends have drastically changed. The online broadcasting market is dominated by foreign players. We need to take that into account.
Young Quebeckers are especially likely to skirt the traditional broadcasting system. The vast majority of young francophones aged 15 and up frequently listen to music on YouTube. We therefore need to ensure that they are offered francophone content.
A study conducted by CEFRIO, a research and innovation organization, found that over eight in 10 Quebeckers used a social media site in 2018, an increase of 16% compared to 2016. It is clear that the Internet is changing usage and listening habits.
Since I have only about a minute left, I just want to give a few statistics from the Canadian Audio-Visual Certification Office. Canadian content production decreased by an average of 12.4% per year between January 2017 and December 2020. It is important to remember that media outlets are currently in crisis, mainly because they have lost their advertising revenue to web giants.
In conclusion, the Yale report was clear: Canadian content is important. It said that if we do not tell our own stories, no one else will. That really made an impression on me. That was why the report set out a suite of recommendations on financing Canadian content with public funds, imposing spending requirements on foreign online broadcasters, and strengthening CBC/Radio-Canada.
One last thing before I wrap up: Last night, I met with Martin Gougeon from the Théâtre de l'Ancien presbytère. He is an artist who has made it his mission to promote our francophone culture to young students. I have also met with local media representatives many times. They are all unanimous. Quebec's cultural and media communities want this. Let us pass Bill C‑11. Enough dawdling.
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