By Denis Carmel
OTTAWA – During its May 10th meeting, the Standing Committee on Canadian Heritage Committee all agreed to invite the Ministers of Canadian Heritage and Justice to its next meeting, once a revised Charter statement on Bill C-10’s conformity with the Canadian Charter of Rights would be produced, and to suspend the clause-by-clause consideration of the bill until that happened.
Well, the Charter statement was produced, it said the partly examined C-10 is just fine, and the Minister of Canadian Heritage showed up for questioning on Friday. However, the Minister of Justice, David Lametti turned down his invitation, much to the chagrin of the members of the committee.
The first hour of Friday’s meeting was devoted, at least by Conservative, NDP and Bloc members, to Heritage Minister Steven Guilbeault, while the Liberal members ignored him in order to ask questions to the Deputy Minister of Justice, who attended with Justice Department officials.
Heather MacPherson, NDP MP from Edmonton Strathcona, chastised Guilbeault for his muddled communications on what this bill will allow the CRTC to do, leaving Canadians, experts, MPs and committee members confused and worried that things like social media posts will be policed for Canadian-ness. “If we don’t get this right, the legislation will be challenged in Court and will not apply for years which would put all of our cultural sector at a real disadvantage. Do you have a plan to address the concerns of Canadians that their content will be subject to CRTC regulation?” she asked.
To which the minister first responded that many Canadians and organizations support Bill C-10. Macpherson interjected “So your plan is just to tell us that lots of people support it? To reassure Canadians, it’s “don’t worry. I have a list of organizations that support it’. That’s that’s your plan?”
“There is no situation where a user even with millions or revenues and views have to deal, in any way shape or form, with the CRTC.” – Heritage Minister Steven Guilbeault
He went on to give an answer to a question which seemed like one Cartt.ca had asked the minister’s office the previous day: “There is no situation where a user has to respect any type of CRTC regulation. There is no situation where a user even with millions or revenues and views have to deal, in any way shape or form, with the CRTC. Let me remind that the sole regulation that the CRTC can impose on social media platform has to do with discoverability of Canadian creators.”
“We all understand that this legislation is not as strong as it needs to be. This is why there are 120 amendments to this legislation that the committee is trying to get through.” – Heather McPherson, Edmonton Strathcona NDP MP
It still did not satisfy an exasperated MacPherson. “We all understand that this legislation is not as strong as it needs to be. This is why there are 120 amendments to this legislation that the committee is trying to get through. But, but in your recent interviews on C-10, minister, you seem to want to go after experts that want to protect one of the most important rights in our democracy, and that is the freedom of expression,” she said.
“So, what is the goal of attacking them when we should be working with them to find a solution… It feels very much like you’re trying to divide Canadians on this issue and not work collectively to find a solution. I wonder why that is?”
Minister Guilbeault did not answer that question.
McPherson then noted the reason they’re working with such speed on C-10 is the assumption an election will be called in the fall, so she pleaded with the Minister to say the Liberals will not call one so that the committee can take the time to study this bill carefully and get it passed at normal speed. Of course, he did not respond.
The second hour of the meeting was devoted to the drafting of a motion to re-invite Minister of Justice, David Lametti, to appear Tuesday or Wednesday of the following week, after the expert panel on Monday at 2:30 p.m. (Michael Geist, Canada research chair in internet and e-commerce law, Faculty of Law, University of Ottawa, Pierre Trudel, professor, Public Law Research Centre, Université de Montréal and a member of the Broadcasting and Telecommunications Legislative Review Panel, as well as its chair, Janet Yale, and Andrew Cash, president and CEO of the Canadian Independent Music Association).
There was some discussion about forcing Lametti to appear or saying the committee would not resume the clause-by-clause examination of the bill until and unless he appears, but the committee does not have the power to force anyone to appear, even by threat-vite. This wasn’t just opposition MPs expressing regret the Justice Minister didn’t show. Liberal MP Anthony Housefather also said he was disappointed his colleague didn’t show.
So, a motion was passed to ask Minister Lametti again to attend on Tuesday or Wednesday this week.
We don’t yet know what his answer is.
