Canadian Coalition for Electronic Rights
 

In the summer of 2009 the Government of Canada held public consultations on copyright and Canadians engaged in these consultations at unprecedented levels demanding a balance between consumer rights and creator rights. According to Michael Geist, recent developments indicate that these extensive consultations were “little more than theatre”. A very disheartening development indeed.

Indications are that the PMO has had to step in and make a decision on the direction of copyright reform in Canada because the Minister of Canadian Heritage, James Moore and the Minister of Industry, Tony Clement could not come to a consensus. A consensus should have been an achievable outcome given the consultation results. It is further reported that the PMO has instead given the green light on moving forward with anti-consumer copyright legislation within the next 6 weeks. A Canadian DMCA would most likely appease the US Government as well as domestic and foreign corporate interest groups.

Information has also emerged over the span of the last month indicating that James Moore had reversed his balanced approach to copyright and begun arguing for a Canadian DMCA with strong protection for digital locks and a rejection of flexible fair dealing. Tony Clement on the other hand seems to have stayed the course by continuing to endorse a flexible approach to copyright reform that would withstand the tests of time and consider both consumer and creator interests.

The bill is not expected until June, but it will have dramatic repurcussions once introduced. First, the bill represents a stunning reversal from the government’s seeming shift away from C-61 and its commitment to a bill based on the national copyright consultation. Instead, the consultation appears to have been little more than theatre, with the PMO and Moore choosing to dismiss public opinion. Second, after adopting distinctly pro-consumer positions on other issues, Moore has abandoned that approach with support for what may become the most anti-consumer copyright bill in Canadian history. Third, the bill will immediately impact the Canadian position at the ACTA and CETA negotiations, where the bill’s provisions on anti-circumvention and ISP liability will effectively become the Canadian delegation position.

Indications are that this Bill will not be introduced until June but the time to act is now. The CCER has urged Canadians to speak out in the past only to have their voices ignored by the Government of Canada and for this we apologize. However, this is not the time to give up. If you have spoken out before then it is time to speak out again and again if necessary. There is clearly a range of opinions amongst MPs on copyright reform, some anti-consumer and some pro-consumer.

Your MP needs to know where you stand on the issue regardless of your views and even if you have already told them before. A physical letter or email message to your MP, the Prime Minister, James Moore, Tony Clement and Liberal leader Michael Ignatieff is what is needed right now. Also remember to join the Facebook group and the Facebook page and be sure to ask others do the same.

For those wondering what can be done, my only answer is to speak out now. Write a paper letter to your Member of Parliament and send copies to the Prime Minister, Moore, Clement and Liberal leader Michael Ignatieff. No stamp is required – be sure to include your home address and send it to the House of Commons, Ottawa, ON, K1A 0A6. Once that is done, join the Facebook group and the Facebook page and be sure to ask others do the same. You may spoken out before, but your voice is needed yet again.

Yes Canada, it’s like déjà vu all over again. This Government has once again committed themselves to tackling this pesky copyright thingy. In today’s Speech from the Throne it took Governor General Michaëlle Jean just 14.5 minutes out of 60 some-odd minutes to mention copyright and the direction this Government will take to update Canada’s Copyright Act:

To fuel the ingenuity of Canada’s best and brightest and bring innovative products to market, our Government will build on the unprecedented investments in Canada’s Economic Action Plan by bolstering its Science and Technology Strategy. It will launch a digital economy strategy to drive the adoption of new technology across the economy. To encourage new ideas and protect the rights of Canadians whose research, development and artistic creativity contribute to Canada’s prosperity, our Government will also strengthen laws governing intellectual property and copyright.

In terms of copyright and its implications, this was essentially a carbon copy of the Speech from the Throne delivered by this same Government on Nov. 18, 2009.

With approximately 100 sitting days scheduled for the House of Commons to be in session before the summer recess, one gets the inkling that Canadians are going to see an Act to Amend the Copyright Act hit the Order Paper and most likely First Reading before the MP’s retreat to the summer BBQ circuit.

When it comes to copyright reform in Canada battle lines have been clearly drawn, on the one side we have the ‘blame Canada’ corporate lobbyists, shills and lawyers versus those of sound mind, i.e. consumers, esteemed members of academia, lawyers with sound reasoning and tech industry coalitions. Just who truly has the ear of Government will remain to be seen in the next 100 days and beyond. However, if Bill C-60 and Bill C-61 are any indications consumers are going to be in for a rough ride as distributors will continue to push for locked down content and legislation to protect their imposed locks.

Even if this government comes to its senses and crafts a truly balanced copyright bill, Canada, and the rest of the developed world for that matter, have the Anti-Counterfeiting Trade Agreement (ACTA) looming over their heads. This secretly negotiated trade agreement represents a particularly vile form of policy laundering that if enacted, threatens to override Canada’s domestic copyright policy, reformed or otherwise. ACTA seeks to provide an unprecedented level of control to ISP’s, pseudo-law enforcement and content distributors to dictate how, when and where consumers can access content and associated products in the high tech economy. Yes, folks be afraid, be very afraid.

This afternoon in a Speech from the Throne Governor General Michaëlle Jean has just confirmed that Harper’s minority government intends on moving forward with legislation to amend Canada’s copyright and intellectual property laws. This comes as little surprise since the Conservatives saw fit to include copyright reform in their October 2008 platform (PDF).

Cultural creativity and innovation are vital not only to a lively Canadian cultural life, but also to Canada’s economic future. Our Government will proceed with legislation to modernize Canada’s copyright laws and ensure stronger protection for intellectual property.

One can only assume that a reincarnated Bill C-61 will emerge sooner as opposed to later. Despite the global financial crisis and the imminent death of traditional manufacturing in Canada, it appears that lobby and corporate interest groups are still able to assert their control over this government.

As Stephen Harper tries to stem the tide of his waning support, we finally see the much anticipated Conservative platform. (Yes Mr Layton, it’s not under his sweater vest anymore). Although littered with the usual political jargon and electioneering, the Fair Copyright for Canada group, and for that matter all Canadians should pay particular attention to Page 14:

“A re-elected Conservative Government led by Stephen Harper will reintroduce federal copyright legislation that strikes the appropriate balance among the rights of musicians, artists, programmers and other creators and brings Canada’s intellectual property protection in line with that of other industrialized countries, but also protects consumers who want to access copyright works for their personal use.

We will also introduce tougher laws on counterfeiting and piracy and give our customs and law enforcement services the resources to enforce them. This will protect consumers from phoney and sometimes dangerous products that are passed off as reliable brand-name goods.”

So where does this leave us? Unless Dion can continue to pull the entire rabbit out of his hat and gain additional seats or if hell freezes over and the left can find some way to form a coalition, we’re going to be right back where we left off. A Conservative minority government with lobby and special interests calling the shots. All right Geist et al looks like after a short reprieve we’re heading back into the fire.

Reading through the Conservative rhetoric lately as portrayed in the media, one is left to wonder whether Stephen Harper and Peter Van Loan are on the same page. On the one hand, the Right Honourable Prime Minister says he he will not govern over a “dysfunctional” Parliament or let its committee system to be turned into “a kangaroo court.” Harper continues that he will put forth appropriate motions for his Government’s defeat instead of dragging out a non-functional and unproductive parliament.

On the other hand is the House Leader Peter Van Loan (PVL). PVL claims that they have a clear mandate from the Canadian people to govern and are looking to get tough on crime this Fall with legislation on “stuff for young offenders and stuff for identity theft”

So what does this mean for Canadians and the draconian Bill C-61 that is lurking in the reeds waiting to go to Second Reading? Hopefully the longer this Government sits, the longer Geist, Murray, Knopf, The Globe, Copyright for Canadians, and Fair Copyright for Canada and countless other scholars, small businesses, artists and creators can get their message to Canadians that this legislation is not made in Canada.