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Decentralized Democracy

House Hansard - 167

44th Parl. 1st Sess.
March 9, 2023 10:00AM
Mr. Speaker, as I was just saying, when I heard the comments made by my colleague from Lethbridge suggesting that the artists would not benefit from the reform of the Broadcasting Act, I made a few phone calls. I contacted a few of my artist friends to ensure that the bill would benefit the cultural associations and businesses and not just the broadcasters. They all told me that artists and creators have been awaiting the bill just as eagerly as cultural businesses have. In all humility, I have to say that I am not the most artistic member of the Bloc caucus. The member for Longueuil—Saint-Hubert, Caroline Desbiens, had a brilliant career in television and theatre. There is also the extraordinary artist we call “La Marsouine”, the member for Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix. She is a songwriter whose work is well known among the international francophonie. There are people in the Bloc Québécois caucus who know what they are talking about. We were inspired by these people and we fought for this bill on behalf of our colleagues who were themselves part of the arts scene. They can tell us how regulating the broadcasting sector benefits our artists. Here we find ourselves at another stage of Bill C-11. This may be the last step; we hope it is. As we have seen, our Conservative colleagues are once again trying to kill this bill. After finding some particularly creative ways to delay its study in committee, yesterday they even brought forward an amendment to completely gut the bill. All this after accusing the Bloc Québécois of failing to stand up for the demands of the Quebec National Assembly. Let us talk about the demands of the Quebec National Assembly. I found it quite rich to hear the Conservatives say that the National Assembly opposed the passage of Bill C-11 as is when, in June 2022, the National Assembly unanimously adopted a resolution that stated the following: Whereas the federal government is under pressure from multiple sources to ensure social media is not subject to Bill C-11, while many companies commercially stream musical and audiovisual content; THAT the National Assembly recall that Québec’s cultural production and its uniqueness are strongly disadvantaged by the lack of regulation of online streaming platforms and social media; THAT it affirm that it is essential that all online streaming platforms, including social media, be subject to federal and provincial laws, such as C-11, so that all digital broadcasters, whether Canadian or foreign, contribute to the creation, production, broadcasting, promotion and discoverability of Québec content; I will spare members a reading of the full text of the resolution. It concludes as follows: THAT, lastly, it urge the federal government to include social media governance in Bill C-11 to amend the Broadcasting Act. Obviously, that does not align with the Conservative position. I want to talk about Quebec's Minister of Culture and Communications, Mathieu Lacombe, who did a bunch of interviews recently, answering journalists' questions about the mandate he took on last fall. When asked, “Should streaming platforms be forced to highlight homegrown content?”, he instantly replied “Yes, this is about Quebec's distinct culture”. Speaking to various media outlets, Minister Lacombe emphasized the importance of discoverability for francophone content from Quebec, meaning how easy it should be to access homegrown content on major digital platforms like Netflix and Spotify, for example. That is what Minister Lacombe said. The National Assembly is hoping for a speedy passage of Bill C‑11. Certainly, Quebec had demands, legitimate demands, such as being consulted on regulations that will impact broadcasting in Quebec and Quebec culture. The unanimous National Assembly motion that set tongues wagging recently reads as follows: THAT the National Assembly acknowledge that the federal government could soon pass Bill C‑11, which aims to amend the Broadcasting Act; THAT it underline that this bill does not recognize the application of Québec laws regarding the status of artists; THAT it recognize that this bill, as it is currently written, grants Québec no rights of inspection on the directions that will be given to the CRTC, and that those directions will have a significant impact on Québec’s cultural community; THAT it remind the federal government that Québec’s linguistic specificity must be respected; THAT it highlight for the federal government that as a nation, it is up to Québec to define its cultural orientations; THAT it demand that Québec be officially consulted on the directions that will be given to the CRTC regarding the bill and that, for this purpose, a formal mechanism be added to the bill; THAT it affirm that Québec will continue to apply, in its areas of jurisdiction, the laws democratically passed by the National Assembly; THAT, lastly, the National Assembly inform the federal government that Québec will use all the tools at its disposal to continue protecting its language, culture and identity. The minister has the means and the tools needed to respond to these demands from Quebec. The real question is whether he will do the right thing through ministerial directives to the CRTC. We will see over the next few days, but I really hope he does. We in the Bloc Québécois will continue to properly and faithfully stand up for Quebec's demands to ensure the protection of its culture and broadcasting sector. Recently, my colleagues and I have all been getting a rather impressive number of emails from people who are opposed to Bill C-11. Oddly enough, they are not well-crafted emails written by an organization representative like the ones we received in previous weeks and months. They are very short emails that are more focused on the issue of censorship and control over what Quebeckers and Canadians will be able to watch online once Bill C-11 is passed. I have no qualms about saying that this is blatant misinformation. However, I want to talk about it a little and explain to the millions of Quebeckers and Canadians who are watching right now what these scare tactics are all about. The word “censorship” is one that has been coming up a lot. People are talking about a law that is going to censor Quebeckers and Canadians and undermine their freedom of speech. If we stop for a second and think about this, we realize that a person would have to be totally disingenuous or a complete conspiracy theorist to believe that, here in Canada, in our current system, a government could impose censorship with impunity like they do in totalitarian states. Feeding that fear is an act of bad faith and intellectual dishonesty. I am not sure that that is very healthy. It may be politically advantageous, but that is another issue. People wrote to us with concerns about the control the government will have over what we can see online and what it wants to ban from being seen online. Bill C‑11 does not say that the government will be able to force people to binge Les filles de Caleb on the weekend. Bill C‑11 seeks to have content produced by creators from here, to showcase stories from here, that our culture and the talent of our creators have their place on streaming platforms. No one is saying that people have the right to watch or not watch this or that. No one is preventing any content from being streamed. I have lost track of how many times I have heard about the manipulation of algorithms. Web giants talked about it at committee meetings. It was like we were asking those companies for the recipe to build a nuclear bomb. It was a bit excessive. I do not think that anyone at the CRTC is going to tell Spotify to open its code so they can mess with it. That is just silly. However, we need to give the CRTC the latitude and the tools it needs to ensure that the objectives are met. Traditional radio used what were known as logger tapes. For younger folks, such as the member for Thérèse-De Blainville, these were reels that turned at very slow speed and recorded 24‑7. It was easy because radio programming was a continuous broadcast on a single frequency. Obviously, the same mechanism cannot be used with online platforms. However, it is important that the regulator responsible for verifying that the objectives are being met actually has the means to verify that they are, in fact, being met. Algorithm manipulation should therefore not be permitted. It is essential to keep the door open to allow future verifications, if this is how verifications must be done. Then, there is the age-old issue of infringement on freedom of expression. I do not understand how anyone could believe that we could pass laws that literally infringe on freedom of expression. For some, any attempt to address disinformation and ensure that people have access to reliable, verified information amounts to an infringement on freedom of expression. We are certainly going to hear about it at length when we debate Bill C-18, but freedom of expression will not be violated by Bill C-11. In any case, a law passed by the government that would infringe on freedom of expression obviously would not stand up in court and would be quashed very quickly. I do not see a problem with imposing discoverability obligations, obligations to promote Quebec, Canadian, French-language and indigenous content, and to showcase the distinct nature of the Quebec nation and of Canada on the online platforms of digital giants. I came up with what I thought was a useful analogy. For those opposed to regulating GAFAM, the major online broadcasting companies, I will present the following analogy. Imagine if, instead of offering cultural content, these businesses were serving food. Would there be any objection to these food service companies being subject to the same health regulations that traditional restaurants are? I doubt it. I doubt there would be any objection if the rules set by MAPAQ, Quebec's department of agriculture, fisheries and food, which apply to restaurants, were also applied to any business that serves food. Even though we talk about a free market on the Internet, there are limits that must be applied there as well. I thought that was an interesting analogy for illustrating the importance or relevance of regulating online businesses as well. I do not want to spend all day debating this. We have debated it extensively, and we are at the stage where we want to come to an agreement as quickly as possible and return this bill to the Senate so that it ultimately gets approval. Then we can move on to the much-anticipated implementation stage of this bill, which is eagerly awaited by the entire cultural community and by broadcasters. However, I am going to move an amendment in closing. It is an amendment to the amendment moved yesterday by the member for Lethbridge. My amendment to the amendment is as follows: that the amendment by the member for Lethbridge be amended by replacing all the words after the word “that”; the motion be amended by adding to the last paragraph “further calls on the government to establish a process for consultation with the Quebec government so that Quebec's specificity and the unique reality of the francophone market are adequately considered by the CRTC” and recalls that the federal Status of the Artist Act respects Quebec's jurisdiction and is consistent with Quebec legislation on the status of the artist.
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  • Mar/9/23 10:55:37 a.m.
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  • Re: Bill C-11 
Mr. Speaker, I have sat beside my colleague at the heritage committee a number of times over the years, and I very much appreciate the discussion on artists. I remember one time in the committee when the minister was there asking how many of us have memberships to the national gallery and the National Arts Centre. It seemed like I was the only one in the room who did. When they say they will do what they say by actually practising what they believe, I am not so sure. I have been in Quebec City, and I have purchased art in Quebec City and Île d'Orléans that is on my wall and in my office. In my home, I have several pieces of art that I acquired in Quebec. Why does he believe that they need social media to sustain Quebec artists, when I find that there are a lot of people there, a lot of people who buy this this fantastic art? Why does he believe that they need social media to support it?
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  • Mar/9/23 10:56:37 a.m.
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  • Re: Bill C-11 
Mr. Speaker, at the beginning of my speech just now, I commented on how much I appreciated the collaborative atmosphere at the Standing Committee on Canadian Heritage. To be clear, I was speaking directly to my colleague from Bow River, who is a big fan of culture. He was right at home on the heritage committee. I really enjoyed our conversations. Now, visual arts—painters and that whole side of things—are holding their own. However, in today's world, a world where things are opening up and borders are disappearing, the digital world, social media and major broadcasting platforms have to be accessible. It is much harder for a small francophone market in an anglophone sea to gain access. That is why Quebec artists, francophone artists, our very own creators, need that support in order to be seen, to get their names out there. They do not want to force themselves on the rest of the world. They just want a way to be visible on those platforms. That is what this is really about.
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  • Mar/9/23 11:23:02 a.m.
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  • Re: Bill C-11 
Mr. Speaker, I want to thank my NDP colleague for his intervention today, and I could not agree more with the vast majority of what he said. I reflect on the committee's work. At one point, a member from The Tragically Hip, Gord Sinclair, came forward to the committee. Obviously, I am very biased, being from Kingston, about The Tragically Hip, but he specifically pointed to the Canadian content rules that the band emerged within and how that allowed them to flourish and become, in my biased opinion, Canada's band. Gord Sinclair specifically talked about how we need to ensure that Canadian content continues to have access to our markets so that bands like the The Tragically Hip can continue to be found, become known and have the exposure they need, especially when we are competing against a market that is 10 times the size, that of the United States. I wonder if the member can comment on how he sees future opportunities for new artists, given the incredible requirements and the words that Gord Sinclair spoke at committee.
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  • Mar/9/23 11:24:25 a.m.
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  • Re: Bill C-11 
Mr. Speaker, yes, The Tragically Hip comes from Kingston, and I congratulate the member on that. The Tragically Hip embraced the entire country. It is really one of Canada's bands and one of Canada's musical giants. As the member points out, there are so many musical giants that came as a result of Canadians standing up for themselves, with Canadians actually saying and Canadian parliamentarians saying, “You're not going to stop Canadian musicians from broadcasting in Canada any more. You're not going to dump foreign content in Canada to block Canadians from emerging.” We see with big tech, as I mentioned earlier, that the algorithms are not innocent. They have had a tendency not to favour Canadians. In fact, it is disturbing, as I pointed out from other organizations, what they do tend to favour, and Canada needs to stand up for itself. Canadian parliamentarians need to stand up for Canadian musicians. The impact is boundless in terms of the possibilities for Canadian artists, musicians and film directors that we actually take pride in Canada and take pride in the jobs that come from Canadian culture.
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  • Mar/9/23 11:28:57 a.m.
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  • Re: Bill C-11 
Mr. Speaker, I congratulate my colleague from New Westminster—Burnaby on his speech. In his speech, he talked a bit about certain artists. I was also listening to my colleague from Kingston and the Islands talk about the Tragically Hip. We could talk about Rush, Bryan Adams, the Montreal band The Box, from the 1980s and 1990s. Goodness, there are tons of many Canadian artists who broke through and went on to have great careers. Thanks to these pioneers who benefited from measures that were implemented to promote and highlight Canadian content and francophone content, especially in Quebec, an entire industry developed, and now it is flourishing and reaching audiences around the world. Without the discoverability measures that were put in place in the traditional media to allow Quebec and francophone content to grow, it simply would not exist. I know that my colleague talked briefly about this earlier in his speech, but I would like his thoughts on the potential that this new bill holds for all creators, including digital creators from Quebec and Canada.
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  • Mar/9/23 11:30:01 a.m.
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  • Re: Bill C-11 
Mr. Speaker, we know how prolific and vast Quebec culture is. Earlier I talked about Canadian artists in general who have made their mark around the world. Artists from Quebec have also made a name for themselves in Europe, Africa and everywhere else. The problem is that big American companies did not want to give Quebec that space. They were not interested in creating space for francophone artists. These regulations made it impossible to keep hiding Quebec artists, so they now have a presence in Quebec and Canadian media. Many Quebec artists go to Vancouver and are extremely popular in British Columbia and around the world. That is because we know we have to stand up for our artists and give them exposure by asking big corporations to make space for them, whether they are from Quebec, B.C. or anywhere in Canada.
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  • Mar/9/23 11:59:14 a.m.
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  • Re: Bill C-11 
Mr. Speaker, as a border MP, I am really concerned about the fact that if we do not stand up for Canadian artists, producers and culture I do not know who will. During the debate, I could not help but think about the story of Freddie Freeman, with the World Baseball Classic taking place right now. He is a Canadian born in California, whose Canadian mother, Rosemary, passed away from melanoma when he was 10. He has chosen to play for Team Canada. He is a six-time all-star, a three-time Silver Slugger Award winner, as well as MVP winner and Gold Glove Award winner. This just brings up for me the choices we need to make in trying to fix this bill. What does it say if we do not, in Parliament, stand up for our artists and our culture at this point when others are doing that?
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  • Mar/9/23 12:55:49 p.m.
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  • Re: Bill C-11 
Madam Speaker, it is true. Disinformation is all we have been hearing from the Conservatives since we began debating this bill. As I said in my speech, it is time to make room for Canadian content, to make sure that Canadian content has a place, to stand in solidarity with our artists and creators and provide them with the support they need so much after two tough years. This bill shows our willingness to stand behind them and with them.
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  • Mar/9/23 1:07:41 p.m.
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  • Re: Bill C-11 
Madam Speaker, the only amendments this government did not accept were amendments that created loopholes that would have allowed streaming companies to get out of their obligations. This is all about supporting Canadian culture and Canadian artists.
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  • Mar/9/23 1:10:06 p.m.
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  • Re: Bill C-11 
Madam Speaker, at the Standing Committee on Canadian Heritage, we heard that creators need this bill to support them. It would give them some support in their communities. Streamers pay into this system. We have programs that support young artists. We appreciate the contributions from the Province of Quebec, and we would not have as much access to all the Canadian content we have now if it were not for the 1991 Broadcasting Act. Our artists today need that same lift that artists in 1991 got with the original Broadcasting Act.
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  • Mar/9/23 4:02:33 p.m.
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  • Re: Bill C-11 
Madam Speaker, some great Canadian content that has come out of the province of Quebec is an absolute favourite of my wife, and that is Celine Dion. My wife loves Celine Dion not because the government told her to but because Celine is Celine. That is the kind of content that we do not need the government to tell us we have to like. Although I am not familiar with the artists my hon. colleague has referenced, I am sure that if they bring him great enjoyment, they should be available on the streaming service. He should have the option to be able to listen to that if he likes it.
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  • Mar/9/23 4:05:30 p.m.
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  • Re: Bill C-11 
Madam Speaker, I think my point was made though. The member for St. Albert—Edmonton is making a lot of content today with the very unfortunate comments he made in that committee meeting, if anybody is looking for content. I would like to say that I am just the warm-up act today for the member for Vaughan—Woodbridge, who will be speaking after me. Please applaud the member because he deserves it. I want to read a quote from Gord Sinclair, a member of The Tragically Hip, who appeared before the committee when it was studying this bill. He said: Gord Downie wrote in our song Morning Moon that if “something's too cheap, somebody's paying something”. Every song ever recorded can now be streamed for less than $10 a month. The somebodies in this case will be the future you and me when we realize that we've undervalued the contribution of Canadian musicians and songwriters. He went on to say, “Streaming is here to stay, but the platforms...must contribute to the long-term health of the arts”. I bring that up because I am obviously very proud to come from and represent my riding. Part of my riding is a municipality that The Tragically Hip calls home. If we dive a little deeper into Mr. Sinclair's testimony in committee, the band attributes its entire success and becoming so renowned in Canada to having the proper tools in place to make sure that its content got exposure. Why is that important? It is important because we are a country of rich cultural diversity that has a lot to offer in the arts. However, the concern is that we have another market right over the border, literally fewer than 10 kilometres from my riding, where the market is 10 times the size. It would be very easy for the Canadian market to be consumed into the American market. When we think about it, it has 10 times the population and effectively 10 times the number of artists. To compete against that is very difficult, regardless of the incredible contributions that Canadians give to the arts. That is why, in the 1970s, legislators said that we needed to preserve the culture and the unique identity that comes from having Canadian artists able to perform and create. I have been listening to this debate since it started yesterday. I heard the member for Lethbridge tell this story about how back in the day, all an artist needed to do was bundle together their best hits, put them on a tape, bring the tape to a radio station, beg them to play it and hope to get on the air. The successful ones would make it, and the others would not. She left out a very important point, which is that the radio stations were required to play a certain amount of Canadian content. The number has changed, it is not relevant, but at the time, 30% of the content had to be Canadian. Yes, those Canadian artists had to compete against every other emerging artist, collaborator and songwriter, but they only had to compete within the realm of that 30% against the other Canadians. They did not have to compete with a market 10 times our size right over the border. I get the Conservatives' angle on this. They like to take the free market approach and say everything is about the free market. I get it. That is where they come from on this. What they need to do is come to terms with the fact that they just do not want to support Canadian content. They think that Canadian content needs to go up against the market 10 times our size to the south and just let the chips fall where they may. I think the majority of Canadians disagree with that position. We have seen the success of The Tragically Hip, which I will always use as my reference. It was able to get into the Canadian market and become known as one of Canada's best bands as a result of having that incredible opportunity to gain exposure when it would have been difficult otherwise. Therefore, I cannot help but wonder why the Conservatives are doing this. Why are they so insistent? It became quite obvious a couple of days ago, when I saw a fundraising email sent out by the Conservatives. This contained a screenshot of one of my tweets and basically said that I was agreeing with a reporter's assessment of Bill C-11. They know they can raise money off this. That is what this comes down to: politics as usual. I have said this many times in the House because it is true. All they are interested in is the politics around it. The email talked about censorship and the right to freedom of expression. It talked about how they know that we are not telling the truth and asked Canadians to help kill the bill, with a big “Donate Now” button underneath. That is what this is about for the Conservatives. That is it. We can recall when the first version of this legislation came about, when in all honesty, the Conservatives were able to get a lot more attention on the issue than they are now. I think Canadians have now seen through them. However, they were not as interested in this until they were able to make it a sensational issue like they are now and like they did then. I do not think they are really that successful at doing it now because the vast majority of Canadians realize that Bill C-11 is not about censorship, infringing on rights or trying to do anything malicious. Rather, it is about ensuring that Canadian content continues to get exposure and that Canadian content creators have the opportunity for their material to be shared. If members do not agree with that or think that government should play a role in it, it is a legitimate policy and a legitimate position to take. That is at least taking a position. They would at least be coming in here and saying that they do not believe in CanCon, they do not think it is relevant or necessary anymore and artists should fend for themselves. If that is the position of the Conservatives, which it looks like it is from the writing on the wall, then they just need to come clean about it and say that. They should not dress it up with these words about censorship and freedom of expression being infringed upon. That is absolutely ludicrous. The member for Lethbridge, although quoting someone else, said that with Canada going down this road, it likens us to North Korea. Can members imagine that? That is talking to one's fringe base. What Canadian witnessing that would actually sit there and think that Canada is going to be like North Korea if this passes? Nobody would ever actually think that, except— Mr. John Barlow: Is Margaret Atwood our fringe base? An hon. member: Oh, oh! Mr. Mark Gerretsen: Madam Speaker, they are heckling me, but nobody would think that except their base. Good news. The fringe in the Conservatives' base is super-duper happy with their position on this, and they are certainly representing this fringe. I am sure they will raise a bit more money off this when they send out the speech by the Leader of the Opposition by email. However, it is certainly doing nothing for Canadians or content creators. Moreover, it is certainly doing nothing to advance, protect and enhance the cultural identity of Canada.
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  • Mar/9/23 4:30:32 p.m.
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  • Re: Bill C-11 
Madam Speaker, how does my colleague explain the fact that all of Quebec's creators and artists, regardless of their sphere of practice, are eagerly awaiting this bill? If anyone is sensitive to the issue of censorship, it is our creators and artists. How is it that they are looking forward to us passing Bill C‑11, yet the Conservatives alone see it as censorship?
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  • Mar/9/23 5:23:29 p.m.
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  • Re: Bill C-11 
Madam Speaker, I want to thank the hon. member for Nunavut, who is good friend, colleague and strong member of the New Democratic Party. I want to thank her for her tremendous work in ensuring that the digital kind of media, both audio and visual work, of indigenous people is valued, heard in this place and truly funded, governed and regulated in such a way that it brings to light the incredible contributions of indigenous artists. Would the member like to highlight some of the remarkable artists in her riding of Nunavut who are contributing to the arts in phenomenal ways?
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