Senate showdown ahead? Minister rejects some Bill C-11 amendments
After taking weeks to consider the Senate's changes to the Liberals' contentious online streaming legislation known as Bill C-11, Canadian Heritage Minister Pablo Rodriguez confirmed he's rejecting several of the amendments made.
While the Liberals are poised to accept the majority of legislative adjustments made in the upper chamber during its longest-ever study of a piece of government legislation, they are turning down a few of the Senate's more consequential changes and suggesting further tweaks to others.
This means Bill C-11 may be heading for a legislative showdown.
The long-languishing legislation is aimed at substantively updating Canada's Broadcasting Act regime for the first time since 1991, to ensure social media and streaming giants like TikTok and Netflix are subjected to Canadian content requirements and regulations comparable to traditional broadcasters.
While many in the "CanCon" music, film and television industries are backing the proposal, Bill C-11 has been the subject of heavy scrutiny from industry stakeholders, content creators and opposition MPs who fear it will result in censoring what content gets seen online.
In a message sent to the Senate, Rodriguez outlined which of the 26 amendments to 12 clauses the Liberals will be allowing. The federal government's response was then debated by MPs in the House of Commons on Wednesday evening, with likely more debate ahead.
If the take-some-and-leave-some approach is accepted, Bill C-11 will pass and soon become law, allowing the Canadian Radio-television and Telecommunications Commission (CRTC) to get to work on implementing the coinciding regulatory changes granting that body new powers.
But, should the Senate seek to stand its ground on certain changes, the amendments may become subject of procedural ping-pong between the two chambers.
"I want to thank the senators for all their work on this very important bill," Rodriguez told reporters on Wednesday. "This is a bill that spent the most time in the Senate in the history of Canada… There's been lots of debate."
"And we're accepting a vast majority of the Senate amendments but some that could create a loophole, we're not accepting," the minister said.
WHAT AMENDMENTS ARE BEING REJECTED?
Among the Senate changes being turned down—or "respectfully" disagreed with, per the official notice provided to Parliament—is the attempt from senators to impose age-verification methods on certain content, to prevent children from accessing material online that is "devoted to depicting, for a sexual purpose, explicit sexual activity."
Rodriguez said this proposal is being passed over because it "seeks to legislate matters in the broadcasting system that are beyond the policy intent of the bill."
This was also the reason given for turning down a Senate amendment seeking to change the way the CBC handles advertising content, an issue the minister said requires "further study… on how best to position our national public broadcaster to meet the needs and expectations of Canadians."
Another amendment hitting the cutting room floor was aimed at further instilling protections for user-generated content.
This change was brought forward by senators after numerous witnesses expressed concerns that the new Canadian content requirements would have knock-on effects for content posted on platforms such as YouTube by individual creators, something the Liberals continue to deny.
This change is being declined, Rodriguez said, because it would impact the government's ability to "publicly consult on, and issue, a policy direction to the CRTC to appropriately scope the regulation of social media services."
Other amendments are being rejected due to Liberal concerns that they would cause "interpretative issues," or could impact the CRTC's ability to impose conditions around the diversity of programming and what is considered Canadian content.
As for what changes the House is willing to accept, the Liberals are backing efforts from the Senate to ensure platforms are mindful of promoting and reflecting diversity, including Indigenous languages, and instilling protections around the new category of online broadcasts referred to in the bill as "undertakings."
WHAT'S BEING SAID ABOUT C-11 AS IT STANDS
Asked whether he's bracing for the federal government's response to the Senate changes to spark a stand-off, Government House Leader Mark Holland said no, because the Liberals’ approach has the backing of the Bloc Quebecois and the NDP, and because there's been productive dialogue with the Senate.
"We’re dedicated to passing this legislation, so I think you’ll see very broad support from the elected House on this legislation… And I’m very confident that the Senate will accept our verdict."
NDP Leader Jagmeet Singh affirmed his party's support for Bill C-11 on Wednesday, suggesting the Conservatives are siding with tech giants who are trying to get out of paying their fair share.
"Web giants don't contribute to Canadian culture, don't pay into a fund to support local Canadian artists, musicians, movies, films, culture in general. And we think that's unfair… and we stand by our position that they should they should also be contributing their fair share," he told reporters on Parliament Hill.
The Official Opposition Conservatives remain adamantly opposed to Bill C-11. In anticipation that the legislation is near passage, Conservative MPs have been ramping up their social media campaigns imploring supporters to call their MPs and tell them to "kill Bill C-11."
During debate, Conservative MP and heritage critic Rachael Thomas claimed that the legislation would give the government control over what Canadians see online, which is a claim the bill's advocates have repeatedly rejected.
Before moving an amendment to the government's response, seeking to delete Rodriguez's proposal and replace it with wording that would see the legislation withdrawn entirely, she alleged that if Bill C-11 passed Canada would be comparable to "North Korea, China, and Russia."
"YouTube would be forced to give more of what the government wants us to see, rather than more of what Canadians wish to see," she said.
In presenting the amendments made by the Senate Transport and Communications Committee, chair and Conservative Sen. Leo Housakos said the changes made all improved Bill C-11 but "there remained many concerns."
He echoed this in his initial reaction to Rodriguez' rejections in a tweet on Wednesday, pointing to analysis by Michael Geist, a University of Ottawa law professor and the Canada Research Chair in internet and e-commerce law who said the Liberals’ approach "reveals its true intent: retain power to regulate user content."
"Bang on," Housakos said.
Responding to some of the Conservatives' comments on Bill C-11 during the debate, Liberal MP and Rodriguez's parliamentary secretary Chris Bittle said it was "truly shocking" to see the Conservatives rely on "talking points" from the tech companies that have been fighting the bill throughout its "long journey" in Parliament.
"These companies don't need lobbyists, Mr. Speaker, they have the Conservative Party," Bittle said.
STAKEHOLDERS MIXED ON AMENDMENTS ACCEPTED
Reacting to Rodriguez' mixed response to the Senate changes, advocacy group for Canadian content creators Digital First Canada called it a "slap in the face to the creators who spoke up and participated in this process, and to the senators who recognized these creators as the future of Canada’s digital economy."
In a statement, Digital First Canada director Scott Benzie called for MPs to push back and save the Senate amendment regarding user-generated content to protect digital creators' businesses.
"It's shocking that the Senate's sober second thought was dismissed, and that the government continues to act as though digital creators are not legitimate artists and entrepreneurs. But the voices of creators and their communities will not be ignored. We aren’t going anywhere – and this government and legacy media are just going to have to get used to it," he said.
Taking a different view, the Canadian Media Producers Association (CMPA) commended Rodriguez for supporting "key" amendments that they said "recognize the vital role independent producers play in Canada’s broadcasting system and ensure that they can significantly and equitably control and benefit from their own stories."
"It has been a long road, but the finish line for Bill C-11 is in sight," said CMPA president and CEO Reynolds Mastin in a statement. "We have long called for the government to level the playing field between foreign streaming services and domestic producers, creators and broadcasters."
The CMPA cautioned that there remains room for improvement in a portion of the bill that they say would create a "two-tier" system that would hold foreign streamers to a different standard and may result in fewer Canadian creators being used in their productions.
IN DEPTH
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
DEVELOPING 122 active wildfires burning across Canada, 32 considered 'out of control'
The 2024 wildfire season has begun, and it's shaping up to follow last year's unprecedented destruction in kind, with thousands of square kilometres already consumed.
B.C. parents sentenced to 15 years for death of 6-year-old boy
A British Columbia Supreme Court judge has sentenced the mother and stepfather of a six-year-old boy who died from blunt-force trauma in 2018 to 15 years in prison.
Veteran TSN sportscaster Darren Dutchyshen has died
Veteran TSN broadcaster Darren 'Dutch' Dutchyshen, one of Canada’s best-known sports journalists, has died. He was 57. His family says 'he passed as he was surrounded by his closest loved ones.'
Miller scores late as Canucks grind out 3-2 win over Oilers in Game 5
J.T. Miller scored in the final minute of the game and the Vancouver Canucks came back for a 3-2 victory over the Edmonton Oilers in Game 5 of their second-round playoff series Thursday.
Think twice before sharing 'heartbreaking' social media posts, RCMP warn
Mounties in B.C. are urging people to think twice before sharing "heartbreaking posts" on social media.
Police issue Canada-wide warrant for Regina homicide suspect
Police have issued a Canada-wide warrant for a man wanted in a homicide which occurred in Regina on May 12.
Trudeau calls New Brunswick's Conservative government a 'disgrace' on women's rights
Prime Minister Justin Trudeau assailed New Brunswick's premier and other conservative leaders on Thursday, calling out the provincial government's position on abortion, LGBTQ youth and climate change.
Kevin Spacey receives star support as he fights to get his career back
Kevin Spacey is pushing back on the 'rush to judgment' against him and is being backed by some big names as he seeks to reclaim his acting career.
Speaker cuts ties with Sask. Party, alleges he faced threats, harassment from gov't MLAs
The Speaker of the Saskatchewan Legislature Randy Weekes has severed ties with the Sask. Party after accusing some members of harassment and intimidation tactics, including a situation he claimed saw the Government House Leader bring a hunting rifle to the legislative building.
Local Spotlight
Starbucks fan on decades-long journey to visit every store in the world
A Starbucks fan — whose name is Winter — is visiting Canada on a purposeful journey that began with a random idea at one of the coffee chain's stores in Texas.
'Sacred work': Sask. First Nation learning how to conduct its own underground searches
Members of Piapot First Nation, students from the University of Winnipeg and various other professionals are learning new techniques that will hopefully be used for ground searches of potential unmarked grave sites in the future.
'It could mean a cure': Cautious optimism for groundbreaking ALS research at Western
ALS patient Mathew Brown said he’s hopeful for future ALS patients after news this week of research at Western University of a potential cure for ALS.
B.C. musician's song catches attention of Canucks
When Adam Kirschner wrote 'Slap Shot,' he never imagined the song would be embraced by his favourite team.
'We're on standby': Team ready to help entangled right whale in Gulf of St. Lawrence
A team is ready to help an entangled North Atlantic right whale in the Gulf of St. Lawrence.
Thieves caught on camera stealing pet chicken from North Vancouver backyard
A $200 reward is being offered by a North Vancouver family for the safe return of their beloved chicken, Snowflake.
Adopted daughter in the Netherlands reunited with sister in Montreal and mother in Colombia, 40 years later
Two daughters and a mother were reunited online 40 years later thanks to a DNA kit and a Zoom connection despite living on three separate continents and speaking different languages.
'Reimagining Mother's Day': Toronto woman creates Motherless Day event after losing mom
Mother's Day can be a difficult occasion for those who have lost or are estranged from their mom.
Chris Hadfield inspires youth musical in Sudbury
YES Theatre Young Company opened its acclaimed kids’ show, One Small Step, at Sudbury Theatre Centre on Saturday.