Canadian Coalition for Electronic Rights
 

It’s official, Tony Clement is now the Minister of Industry as Jim Prentice is shuffled to the Environment portfolio. This means Prentice will not get the chance to see the Canadian DMCA through to fruition. Will Clement pick up where Bill C-61 left off??? most likely!

Although Industry pretty much spearheaded C-61, Copyright is still jointly controlled by Industry and Heritage. We see Josee Verner out as Heritage Minister and James Moore is in.

From the outside looking in, The Intellectual Property and Trade Advisory Group set up by the Ministry of Industry may seem like a good way to study the proposals of the forth-coming Anti-Counterfeiting Trade Agreement (ACTA), however, the superb work of Michael Geist and Canada’s Access to Information have revealed the usual one-sided perspective that the Conservative Government continues to subscribe to.

Instead of a broad cross section of educators, small business owners, creators, content owners artists, musicians and concerned citizens, the “insider” group will be comprised solely of government departments and industry lobby groups. Just as these “insiders” had free rein with Bill C-61, it seems here again they will have the ear and the law making powers of Ottawa at their beck and call.

And what about the supposed made in Canada provisions the Conservatives trumpet about Bill C-61. Hmmmm, let’s see:

ISP Provisions: Made in Canada: Negated by ACTA
Format Shifting: Made in Canada: Negated by ACTA
Time Shifting: Made in Canada: Negated by ACTA
Educational Exemptions: Made in Canada: Negated by ACTA
Private Copying of Music Provisions: Made in Canada: Negated by ACTA

Unless something can be done to amend/stop Bill C-61 the big lobby groups will seemingly have their cake and eat it too. They will get the law they crafted in Bill C-61 and be able to enforce the law through the implementation of ACTA. The Conservatives will simply be allowed to throw their hands up in the air and claim they tried to make a made in Canada bill, but this pesky ACTA go in the way.

Come on Canada, we’re smarter than this, aren’t we?

Industry Minister Jim Prentice came under fire during question period today by Charlie Angus who implied that the Minister of Industry was guilty of taking orders from US interests on the Canadian copyright file.

Angus:
So from here on in the only consumer rights you will have are the ones the US industry gives you. If you try to protect your rights they will come after you. Why has this government declared war on Canadian consumers?

Prentice quickly fired back, reading from the same script as his Parliamentary Secretary Colin Carrie

Prentice:
The educational exemptions are made in Canada. The format-shifting exemptions are made in Canada. The time-shifting exemptions are made in Canada. The private copying of music exemptions are made in Canada. The provisions relating to statutory damages, Mr. Speaker are made in Canada. All of these provisions of the Bill are uniquely Canadian.

Unfortunately, Prentice fails to mention that the anti-circumvention provisions included in Bill C-61 were born in the United States and made worse in Canada. These anti-circumvention provisions undermine each of the “made-in-Canada” provisions and exceptions the Minister of Industry was touting on the floor.

Just when you thought the master of closing salutations couldn’t top his hang-up mid-interview with CBC’s “Search Engine” Prentice closes his supposed answer with gem of a statement:

Prentice:
My friend’s comments about the USA DMCA are NDP BS.

Angus goes on to commit the support of the NDP to fight the Canadian DMCA and to protect Canadian consumers and creators. Something clearly not high on this minority Government’s agenda.

Defending Bill C-61 today during question period was a piece of 8 1/2 by 11 and Colin Carrie, the Parliamentary Secretary to the Minister of Industry. Carrie responded to NDP criticism that Bill C-61 was modeled after the flawed American DMCA by highlighting the made in Canada user rights included in the Bill. Reading from his script Carrie stated that the educational, format shifting, time shifting, private copying of music and ISP liability exemptions along with the statutory damages provision were made in Canada.

What Carrie failed to highlight is the fact that the core of Bill C-61, the anti-circumvention provisions were born in the United States and made worse in Canada. It is the anti-circumvention provisions that undermine each of the glossy exceptions and provisions the Conservative government is using to sell this legislation to Canadian consumers.

It’s official, the Canadian DMCA has made the jump for the Order Paper to its First Reading in the House of Commons. Prentice finally made good on his promises to countless US trade groups, corporations and lobbyists and presented this bill with no public consultation with the Canadian public. Now it’s the public’s turn to voice their displeasure with “Made in America” laws being introduced in the Canadian Legislature.

We will post the Bill in its entirety on this site in the next couple of hours. In addition we will also be updating our Letter Wizard to reflect the contents of this controversial Bill.

UPDATE: The complete text of Bill C-61 can be found here.

Embattled Canadian Minister of Industry Jim Prentice woes continue. Amid speculation of an imminent cabinet shuffle and the Wiki scrubbing controversy it appears that Prentice will no longer be speaking at the OECD’s Ministerial Meeting on the Future of the Internet Economy scheduled for next week.

Prentice’s name which appeared on the agenda as of May 6, 2008 has been replaced on the updated agenda as of June 6, 2008 by the Deputy Minister of Industry, Richard Dicerni (image with Prentice / without Prentice. This was to be a high-profile event for Prentice, even on his own website he lauded:

“This June, the Organisation for Economic Co‑operation and Development will hold its Ministerial Meeting on the Future of the Internet Economy in Seoul, Korea. I have been invited to be Vice-Chair for the meeting, which will provide an excellent opportunity to re-establish Canada’s position as a leader both in policy and market performance. We’re very serious about science and technology. We strongly believe that our S&T Strategy is the best framework for moving forward, and I’m pleased that ITAC has endorsed the strategy.”

The big question now is why has Prentice opted out of speaking at the OECD meeting next week. It would seem that he is still intent on tabling the Canadian DMCA prior to the OECD meeting next week and by not appearing at the meeting he can avoid having to answer critical questions relating to the controversial legislation in an international forum. This explanation is certainly supported by Peter Van Loan’s recent move to ensure that all contact between constituents furious Canadian consumers and Conservative MPs relating to copyright reform be forwarded to Jim Prentice’s office.

With only 8 sitting days remaining before the summer break it is essential that if you object to a restrictive, made in America copyright reform bill you send a letter to Prentice, Verner and Harper now!

Former NDP Industry Critic and perpetual thorn in Jim Prentice’s side, Charlie Angus continues to direct the June 4th, 2008 Question Period agenda to the Copyright reform issue. Angus, the author, broadcaster, editor, journalist, negotiator, singer, MP and all around good guy demands a fair and open debate on this important issue.