SoVote

Decentralized Democracy

Kevin Waugh

  • Member of Parliament
  • Member of Parliament
  • Conservative
  • Saskatoon—Grasswood
  • Saskatchewan
  • Voting Attendance: 68%
  • Expenses Last Quarter: $133,761.32

  • Government Page
Madam Speaker, I will be sharing my time tonight with the member for Sarnia—Lambton. It has been really interesting to sit here listening to the debate because I have sat on the heritage committee for years and went through all the testimony on Bill C-10 and Bill C-11. The only thing I agree on is that the former heritage minister knew nothing about Bill C-10 and that is why he was replaced. I would say the current heritage minister knows very little about Bill C-11, and he too should be replaced. This is an interesting conversation we are having here tonight. I say that because, when one sits in committee and hears testimony after testimony twice a week for four years, it is kind of interesting. It is true that this bill a dumpster. We have seen it since day one when the former heritage minister tried to explain it. It came back to the House early in June and then we shoved it off to the Senate, only to have the unnecessary election and the bill died. How serious were the Liberals on that? They had an election that did not have to be called if Bill C-10 were so important, but, no, they shoved it to the Senate, called an election that did not need to be called and the bill died. We had to start all over and two years later, here we are again on Bill C-11, and the Liberals are still arguing the same points as they did on Bill C-10. It is interesting. Now we are dealing with the Senate's proposal on this bill. I will say that the Senate, in my estimation, did a fairly good job on this. It worked hard on this. It spent weeks on Bill C-11. It did not like what we sent it, we being the House of Commons and the committee, so it spent weeks going over this. In fact, it had 26 amendments that it recommended the government look at and put in the bill. That speaks volumes. We never get that many amendments from the red chamber. Out of the 26 amendments, we understand the government took 18, but it did not take eight. For whatever reason, the government did not like eight amendments from the Senate, which I will get to in just a moment. The concern remains on all sides of the Senate. I know they are flipping each way over there, but they all agreed this bill is a disaster. In the Conservative caucus, we have talked about this since day one. We have been very vocal on this bill for very good reason. We are very concerned with the Canadian Radio-television and Telecommunications Commission's involvement in Bill C-11. I am very concerned. I do not think it has the capability, in fact I will say that I know it does not have the capability, to really do what is necessary in Bill C-11. It is not just the Conservative caucus talking about its concerns with Bill C-11. We have heard it from industry experts. We have heard it from academics, content creators and digital platform users. Everybody who came to committee over the last number of years expressed the same concern. Former CRTC vice-chair Peter Menzies spoke twice in committee about his concerns with Bill C-10 and Bill C-11. Dr. Michael Geist has been the most vocal on this, and he should be because he is Canada research chair in Internet law. I think he is one of the foremost thinkers in the country when it comes to Internet regulation. He has written oodles of articles not only denouncing Bill C-10 but also, recently, Bill C-11. The government claims the platforms must pay their fair share. I have heard over and over today the government claiming that platforms must pay their fair share. This just in: They actually do. The government says it is long overdue. Platforms are among the biggest investors today in Canadian film and television production. There are all-time records in Toronto, Winnipeg, Regina and Vancouver. The business has never been so good. Why is that? It is because Americans are hiring Canadians to do their productions from Toronto, Calgary, Regina, Winnipeg and Vancouver. I could go on and on about the tremendous support in this country for working, paying taxes and shooting documentaries. TV networks, such as CBC, CTV and Global, do not do documentaries anymore because they are too expensive. However, Netflix and Amazon do documentaries because there is skin in the game. They put well over $1 billion into this country's film and TV production, which is later shown either on streaming devices or sold to the traditional broadcasters. The Liberals say that we need to support the next generation of Canadian artists. However, Bill C-11 would hurt Canadian artists the most. The Senate was absolutely convinced on this issue. We were, too, on Bill C-11, as were many digital creators, who risk being harmed by the CRTC regulation. I heard the member for Nunavut the other day, and again a couple of moments ago, explaining that there is concern with this. The concern should be up north, where their voices have never been heard. CBC does not go up there. CTV would not go up there, and Global does not go up north to tell indigenous, Inuit stories. It is too expensive. However, here we have Netflix and Amazon giving us the stories of Canadian people. TV and film production is at its all-time high in this country. We were told in committee by the largest entertainment workers union, Unifor, that streamers are now the largest employer in this sector. No longer is it CTV, Global or CBC. It is the streamers that are the largest employer in the sector. We can see how it has grown. I am a 40-plus year veteran of television. I have seen the decline in television, but the gap has been filled by streamers and production houses from others that had to come into this country to put money on the table to produce some of the greatest innovation this country has ever seen. My fear now is that CanCon demands and higher regulatory costs would mean that many streaming services from around the world could block Canada. The biggest concern, and I have talked about this, is regulating user content. This was one of the eight Senate amendments rejected by the government. I pointed that out. It appears that the government wants to retain the power to regulate. Instead of listening to experts, the Liberals are catering to the needs of big telecom companies, which basically hold the monopoly, and they have for decades, over broadcasting in this country. One more time, I am going to talk about the CRTC because I am fearful of it today. The CRTC, as we have seen, is a body with little or no accountability. I would argue it is one of the least effective regulatory bodies in the whole country today. It is a body that can barely handle the responsibilities that it has. For starters, the CRTC has been totally ineffective at managing Canadian telecoms. We have the least competitive and most expensive telecommunication industry in the world. I blame the CRTC. Canadians today pay the highest prices for cell phones and Internet. Many, in fact, do not even have broadband in this country. Then there is that three-digit suicide prevention line, which this place unanimously voted for in December 2020. How easy would that be to put into action? The CRTC, in its wisdom, has taken a year and a half for a simple three-digit suicide prevention line. How can we expect the CRTC to address the problems of broadcasting when we already know it has no idea how to handle its responsibilities? The big issue with Bill C-11 is the CRTC and the Governor in Council. Canadians have woken up. I have gotten lots of emails in the last couple of days. I can share them during questions and comments. This is a bill that Canadians should be very fearful of.
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  • Nov/24/22 12:34:52 p.m.
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  • Re: Bill S-4 
Mr. Speaker, it is my privilege to speak to Bill S-4. I will be sharing my time with the hon. member for Tobique—Mactaquac. We are looking forward to hearing his comments as well. As we all know, the goal of this bill is to increase the efficiency, the effectiveness and the accessibility of the criminal justice system in response to the challenges that we had with the COVID-19 pandemic, which has contributed to the enormous backlog that we have in the criminal justice system today. The Conservatives have been raising concerns about delays and potential for criminals to simply walk free due to the Supreme Court's decision on Jordan. That decision said that no more than 18 months could pass between laying a charge and the end of a trial case in provincial courts or 30 months for cases in superior courts. We have seen a number of cases throughout Canada, provincially, certainly exceeding the 18 months over the last couple of years. In the interest of serving justice, why would we not implement all the modern tools and resources at our disposal today to maximize productivity? The resources being considered include amending the process for peace officers to apply and obtain a warrant using telecommunication rather than appear in person and expanding the ability to conduct fingerprinting of the accused at a later date, in exceptional circumstances, should fingerprinting not previously have been taken. The justice would have the discretion to determine what would be considered necessary in these circumstances. Also being considered is expanding the power of courts to make case management rules permitting court personnel to deal with administrative matters for accused who are not presented by counsel. We currently have a case in Saskatoon to which this certainly applies. Currently, this only applies to those represented by counsel. Also being considered is expanding the ability for the accused and offenders to appear remotely by audio conference or even video conference in certain circumstances and the allowing of the participation of prospective jurors in the jury selection process by video conference if deemed appropriate and if the prosecutor and the accused consent, as well as using electronic and automatic means to select jurors. Some of these modernizations are beneficial from both a safety and a financial perspective. For example, participating virtually would cut down on the transportation time and the cost and the resources needed to transport and protect the accused. As we know, transportation costs are skyrocketing, it seems like every day. We all know that. It is not an insignificant consideration, considering the price of diesel and gas, especially in remote and northern communities. The federal ombudsman for victims of crime has also raised a number of concerns regarding the impact of COVID-19 on the justice system, which must be carefully weighed in the consideration of Bill S-4. The ombudsman pointed out that accessing justice in remote areas of the country, where bandwidth and Internet access remain an issue, could have a negative impact on the delivery of justice. We would not want to see that. She also flagged the issue of ensuring that jurors remain anonymous and the potential to compromise their privacy with facial recognition software. For some victims and their families, it is an important part of their healing process to see the accused and the offenders in person or by video conference. In these situations, the use of a telephone would certainly deprive them of this opportunity. The needs of the victim must, and I repeat, must always be weighed when considering an amendment to the Criminal Code. Access to the Internet for rural Canadians has been a long issue in our country. The current government has promised for years to improve access to the Internet, and we know that this is a big issue in rural Saskatchewan, where I live, and certainly in remote and northern spots in Canada. It is blotchy at best, as it cuts in and out, and it has been an issue for the last seven years that the government has been in office. Not everyone has access to the Internet. We saw this during COVID where schools tried to participate in classrooms and some did not even have access to a computer. There are issues with the Internet, which is a concern for prospective jurors to appear by video conference during the jury selection. A jury summons, as we all know, is a very serious responsibility. However, I think many Canadians simply cannot take time off, particularly if one is a small business owner. It is near impossible for many to be compensated properly. As we all know, time is money and for the majority in our country, the two are certainly hard to fit in when someone does open that letter up and has been selected for jury duty. Our legal system, without question, and we have talked about it for the last two days in this place, needs to improve. Bill S-4 aims to increase the efficiency, effectiveness and accessibility of the criminal justice system in response to the challenges that we have heard of over the last two years with the pandemic. The bill would also clarify and somewhat broaden the circumstances under which accused individuals, the offenders and others involved in criminal proceedings, may appear by audio conference or video conference. I want to step back and have members think about the horrible incident we had at the James Smith reserve in my province of Saskatchewan, where, unfortunately, 11 people lost their lives over a warrant that had been out for months for Myles Sanderson. If members recall, Sanderson became one of the worst mass murders in Canadian history. That day was September 4. Sanderson murdered 11 and injured 18 others during an early morning killing spree. In total, when Sanderson did die, he had been charged with 125 crimes. James Smith is a small community, roughly about 1,900, in northeast Saskatchewan. Therefore, when we see tragedies like this occur, we often have to ask ourselves if we could have prevented this. The warning signals were there for months, if not years. It is not a coincidence that, since 2015, the violent crime rate in Canada has gone up 32%. This is a staggering statistic that for which the government must answer. The community of James Smith is now left to pick up the pieces of this senseless act. The community has been victimized. Victims should be given at least as much consideration as offenders, but in Bill S-4, they are not even mentioned once. This soft-on-crime agenda by the Liberal government is not serving justice in our country. The bill follows other pre-pandemic efforts to modernize the criminal justice system and reduce the delays in court proceedings. Delays in the criminal justice were already a serious issue before the pandemic. The measures contained in Bill S-4 would both modernize and make it more efficient, hopefully, for certain aspects of the delivery of justice. Several family members have come forward in recent weeks with traumatic stories from the James Smith Cree Nation tragedy. Their stories are a crucial part in the healing process in the delivery of justice on that reserve. These are people we must be mindful of when crafting, carefully, this legislation. If we get the bill right, it will balance the need to improve efficiency with the rights of the people it serves, and always consider the victims and their families as a cornerstone of any justice legislation.
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Madam Speaker, before I get under way here this afternoon, I just wish to tell everyone that I am going to split my time with the member for Langley—Aldergrove. We get the good 10 minutes at the later part of the speeches, so I will set him up for it. I am very thankful to speak to the bill today, Bill C-11. It is the programming motion regarding the online streaming act: the successor to, or should I say the copy of, Bill C-10, which we debated here in the House of Commons. Let us step back. We really did not have any debates last June on Bill C-10. It was pushed through the House with no amendments to it. I am really desperate on this one because I thought the government learned last June about Bill C-10 and the flaws that we moved forward now on Bill C-11. As most remember, the Liberals tried the same tactics here in the House with the deeply flawed Bill C-10. It was wrong and undemocratic then. Nothing has changed. It is still wrong and mostly undemocratic now. The Senate is not even going to deal with the bill. To say that we need to pass it in the House today is ridiculous because the Senate, at best, will not see the bill until October. Bill C-10 drew much controversy in the previous Parliament, and I talked about that, due to the proposed infringements on free expression, and massive granting of powers to the CRTC. I have talked for over a year and a half on the CRTC, and I will have more to say on that body and the potential to open up the Internet to broader regulations in a moment, among other serious concerns that I have. Bill C-11 is the same flawed Liberal bill that could have potentially disastrous consequences for Canadian content creators, and most importantly for consumers. Conservatives said then that Bill C-10 needed more study, and we continue to say that today with this bill, Bill C-11. As a former broadcaster, members can believe that I completely understand how desperately the Broadcasting Act needs to be upgraded. It has been 31 years since we started. The act is indeed badly outdated. It does not address the realities of modern broadcasting and content creation, and Canadian broadcasters and creators today are struggling because of that. We absolutely need to put foreign streaming services and Canadian broadcasters on a level playing field, whatever that looks like. However, the solution, I feel, is not simply to force new realities into this old and outdated structure, or to have the CRTC regulate to its heart's desire. The CRTC is in charge of broadcasting. Seventeen months later, it still has not updated the licence of the Canadian Broadcasting Corporation. It has been 17 months, and we have heard nothing. That is the CRTC's responsibility today: local licensing. We have heard nothing from chairman Ian Scott on CBC, saying, “We are busy. We are going through it.” Seventeen months later, the public broadcaster still does not have a licence, because the CRTC is looking at it. I do not have to tell everyone in the House, all 338 of us, that we desperately want a three-digit suicide line. As of the month of June the request is a year old. We still have not got it. Why? It is because of the CRTC. Do we see where I am going on this? It is not capable today of doing anything. As for its chairman, Ian Scott, his five-year term is up and he is leaving in September. We are going to have a new chair. He or she will get a five-year term and they will have to be re-educated on what the CRTC actually delivers to the citizens of the country. Regulating the Internet, the Pandora's box that is being opened up in this legislation, is also simply not in the best interests of Canadians. We need to make sure that we are protecting the fundamental rights and freedoms of Canadians. Ensuring those protections cannot start by regulating the Internet and restricting the free speech that we have in the country today. These are issues that need further study at committee. There are dozens of important witnesses that still wish to be heard. As for one of those witnesses, it is kind of interesting to listen to everyone talking about indigenous voices, because we have not heard from the indigenous peoples television network, APTN. We have not heard from it. The Aboriginal Peoples Television Network has not come to committee to speak about what Bill C-11 would do for that network, which was started years ago because the public broadcaster did little with indigenous programming. That is why APTN started: it heard voices. In fact, I was at an event on Saturday in Saskatoon, and the Filipino community is asking about Bill C-11. The Filipino community does a half-hour televised tape show in Saskatoon on cable, and they have asked about whether they can continue if this bill passes. I had no answers for them. This is the diversity we are hearing in our country that Bill C-11 has not answered in committee. We have not had a chance to even slice through the first level of onion to get to this bill, and now the Liberal government, as it did last year with Bill C-10, is pushing it through the House, but this time there is no excuse for it. The Senate will not even look at this bill until maybe late in September or early in October. We have all summer to deal with Bill C-11. I remember when the government came into power, and we all remember when it came into power in 2015. It promised sunny ways and made a commitment not to use closure and time allocation as the Conservatives did in the previous government. They have forgotten that in six and a half short years. All I have heard is “Harper this,” and “Harper that”. Now, I am going to suggest that it is the member for Papineau who is shutting everything down in the House of Commons. Now, whenever there is the slickest push-back against the Liberals' agenda, they go straight to time allocation and, today, the programming motion. I participated in the study on Bill C-10 in the previous Parliament, when the government passed a similar programming motion. Several legal and industry experts came before the committee and raised concerns about the legislation. They were the same concerns from 2021 that have come in 2022. As legislators, have we looked at this bill and said we have done the best we can with it? That is our job. We 338 are elected to get the best bills coming out of the House. Have we done that? We have not done that at all, and the Liberals agree with that, yet they are moving forward today. Tomorrow we will have a full day, going through from noon to nine o'clock, with amendments, then we will push the amendments through from nine until midnight without a word we can say or object to. We proposed further witnesses and debate in the last Parliament, and Canadians deserve better on this bill. The government, however, is clearly sick of hearing about the problems with the legislation. We have gone through two heritage ministers already, and probably will a third when we come back in the fall, and shut down Bill C-11. Thankfully, Bill C-10 did not complete the legislative process because of a useless election. What is it going to be this summer? Now, the chamber has a second chance to get this bill, Bill C-11, right. This time we have the opportunity, as members of Parliament, to give Canadians what they want out of this bill, Bill C-11. First of all, despite claims to the contrary by the minister, Bill C-11 absolutely would leave the door open to the CRTC regulating user-generated content online. In other words, the CRTC could still, under Bill C-11, decide what Canadians can and cannot see. These powers pose a clear threat for free expression in this country, which is the most fundamental right in a democratic country. Under Bill C-11, the CRTC could regulate away free expression online. Second is the fact that the powers the bill grants to the CRTC are so broad and wide-ranging that they empower the commission to essentially regulate any content in a manner it sees fit, and I have talked enough about the CRTC, but that second bullet should be a concern to everyone in the House of Commons. What will happen to the foreign services that are small players in this Canadian market? Where did the Canadian market go? In a small part of the user base, we have new regulations and requirements that we can thrust upon them. Third, the government is asking us to vote on legislation that we do not have all the pieces to. The government says it will address the problems through ministerial order, but it has not shown us what the orders will be. Bill C-11 is a flawed bill.
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  • Feb/8/22 1:25:41 p.m.
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Madam Speaker, it is a pleasure to rise in the House. I will be sharing my time with the hon. member for Souris—Moose Mountain. It has been kind of a history lesson here today. We have heard about the Hudson's Bay Company, the Meech Lake accord and the Charlottetown accord. It has been refreshing to go back over 100 years today as we talk about the Saskatchewan Act. I give credit to the member for Regina—Lewvan for bringing this very important motion to the House today. I chair the Saskatchewan caucus and, for the second consecutive election, we returned 14 out of 14 Conservative MPs to the House. It is very important that we open the dialogue today to have a wholesome discussion on the Saskatchewan Act and what it means to my province, which has a population of 1.2 million. When we see CP Rail's profit of $341 million, I do not have to say that $341 million to a population of 1.2 million is a very substantial amount. We can start way back on October 21, 1880. I am going to give some history, as there has been many history lessons in the House this morning and this afternoon. It was the Government of Canada that entered into the contract with the Canadian Pacific Railway syndicate for the construction of the Canadian Pacific Railway, which we all know back then was trail-blazing. It opened this country up from east to west, part of that was Saskatchewan. In clause 16 of that 1880 Canadian Pacific Railway contract, the federal government agreed to give a tax exemption to the Canadian Pacific Railway company, and that is what we are talking about here today. In 1905, as everyone knows, the Parliament of Canada passed the Saskatchewan Act, which created my home province of Saskatchewan. Canadian Pacific Railway has paid applicable taxes to the Government of Saskatchewan since the province was established. That has been a topic of conversation today, but I want it on the record that it has paid taxes to the Saskatchewan government. CP is currently attempting, though, to use a clause in the Saskatchewan Act as justification to avoid paying any provincial taxes on its main line. This represents, as I said, an enormous revenue loss for the provincial government and the people of Saskatchewan, which only 1.2 million strong. It is only fair that CP, as a corporate giant, pays its share, on which I think we all agree in the House. In 1966, Ian Sinclair, then the CP Rail president, agreed to a constitutional amendment to eliminate this tax exemption. The constitutional change is the quick and efficient way to make this happen, and it should happen without delay. The Province of Saskatchewan has adopted the motion to amend the Saskatchewan Act and the Constitution of Canada during the fall sitting. In December, the Saskatchewan Conservative regional caucus urged the federal government to support the Saskatchewan government's approved motion to repeal section 24 of the Saskatchewan Act. Section 24 of the act contains a contentious exemption for Canadian Pacific Railway from various Saskatchewan provincial taxes. In order for this section to be removed, though, a similar motion must now be passed at the federal level, here in the House and also in the Senate. That is why Canada's Conservatives are calling on the federal government to listen to the Saskatchewan government and support the motion that we have put forward today in the House to repeal section 24 of the Saskatchewan Act. The tax loss to Saskatchewan would hurt provincial services if the Liberal government refuses to stand up for tax fairness and ensure that CP Rail pays its fair share to the people of Saskatchewan. CP Rail, as I mentioned, is a corporate giant. There is no reason it should enjoy an exemption from provincial taxes. There is also no reason the government should delay responding to the provincial government's request. Canada's Conservatives are always on Saskatchewan's side. Those tax dollars need to stay right at home in my province of Saskatchewan. CP Rail and the Saskatchewan government have been engaged now for about 13 years in a legal battle with the railway seeking roughly $341 million. It is coming out now because the provincial legislature in Saskatchewan passed a motion unanimously on November 29, 2021. In Saskatchewan legislature, just to fill us in, there are only two parties. The Saskatchewan Party is the official government and the official opposition is the NDP. Here we have the Saskatchewan Party and the NDP agreeing on one thing, that the Saskatchewan Act has to come to the House of Commons and later to the Senate. I have spoken to the Saskatchewan justice minister, Gordon Wyant, a couple of times, dealing with the Saskatchewan Act. The Saskatchewan justice minister was quoted as saying, and I quote, “We are going to vigorously defend the claim that has been brought by the railway to defend the interests of the people of Saskatchewan”. This resolution needs to be approved by the federal government, passed through the House of Commons right here in front of 338 members, and then on to the Senate. Minister Wyant has had conversations, I know, with the federal justice minister on the issue of the Saskatchewan Act. We are hoping today that the motion will move forward. It is my understanding that several MLAs in my province have even reached out to Saskatchewan senators to start the dialogue. If we can pass the motion through here, it goes to the Senate. The conversations have started not only here today in the House of Commons, but also, more importantly, in the Senate where they will have to deal with this. As members of the House are likely aware, CP Rail is suing the Government of Saskatchewan for the $341 million. They claim a broad tax exemption under section 24. This matter is currently before the courts, so most of us really do not want to talk about that, because it is before the court. Therefore, the Government of Saskatchewan believes that today it is time to repeal section 24 regardless of whether it is in force or not. If the tax exemption remains in force, I do not have to tell the members of the House, it creates a substantial inequity within our own province. $341 million would be eliminated from the taxes of only 1.2 million in our province. As a matter of the tax policy and business competitiveness, there must be a level playing field for all businesses in our province of Saskatchewan. We all agree that all businesses should pay their fair share of taxes, and by supporting this motion, it would send a strong signal to my province of Saskatchewan. Saskatchewanians desperately want the motion today regarding the Saskatchewan Act passed. It would show federal support from that side of the house and the opposition parties. It would show that we do care about the province of Saskatchewan. This is an important motion put forward today by the hon. member for Regina—Lewvan. He was a member of the Saskatchewan legislature before he became a member of Parliament. He knows very well the pressures on the provincial government in Saskatchewan. He was in their caucus for a number of years and he knows first-hand that Saskatchewan, being a small province, does not have a lot of corporate businesses. CP Rail is one of the biggest, and as has been mentioned today, it makes a lot of profit. Profit is good, but at the same time, CP Rail must pay its fair share of taxes. On behalf of residents of Saskatoon—Grasswood, it has been a pleasure to speak to the motion moved by the member for Regina—Lewvan on the Saskatchewan Act.
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