Bulte predicts quick passage of WIPO legislation in new Parliament

Newly-named Parliamentary secretary to the minister of Canadian Heritage Sarmite Bulte says implementation of the World Intellectual Property Organization (WIPO) Internet treaties stands an excellent chance of being one of the first pieces of legislation passed by a new minority Liberal government. The new Parliamentary dynamics will just be a piece of the legislation’s success when it comes, she says, insisting that the support needed to pass WIPO into law was present before the election. Bulte chaired the Standing Committee on Canadian Heritage before the election, a position she’ll likely hold again when the new session begins. In a post-election interview with Canadian NEW MEDIA, she says WIPO implementation will be an important priority for the committee, and she expects the bureaucracy at Industry Canada and Heritage to follow through with the instructions given to them by committee members before the break toward drafting the legislation. Prior to breaking, the committee issued a report that enjoyed rare all-party support and gave the bureaucracy until mid-August to file a memorandum with Cabinet, with a view to introducing legislation by mid-November, on a broad range of issues related to copyright reform (CNM, May 14/04). Sources have privately told CNM that the schedule is unrealistic, and it’s no secret that Industry Canada and Heritage bureaucrats continue to disagree on key pieces of potential legislation. Adding to the uncertainty is that several key members of the committee are no longer MPs. Liberal John Harvard is now lieutenant governor of Manitoba; outspoken Liberal advocate for ratifying WIPO Paul Bonwick was defeated; NDP member Wendy Lill and former chair Liberal Clifford Lincoln have both retired. One natural replacement would have been Liberal Liza Frulla, but she has now been named minister of Canadian Heritage to replace defeated minister Hélène Chalifour Scherrer. New NDP Heritage critic Charlie Angus is a lock for a seat on the committee, as are returning MPs Gary Schellenberger and the Bloc’s Christiane Gagnon. How the committee will ultimately be composed is still up in the air, and the Liberal’s new minority status means even Bulte’s position as chair can’t be guaranteed. But the committee’s positions on copyright reform, foreign ownership and increased arts funding will likely showcase issues for the minority Liberal government since the committee’s positions enjoy all-party support – an important consideration in a fractious House. All-party support Copyright reform to ratify the Internet treaties, especially, has seen support from all parties including the Conservatives, support from Canadian Heritage and see a continued lobbying push by such advocates as the Canadian Recording Industry Association (CRIA). Further, a Supreme Court of Canada decision last month that urged a legislated approach to ISP liability in copyright can only accelerate the process (CNM, July 13/04). None of the above, however, fazes Bulte, who discounts to an extent the role of party politics, elections and bureaucratic in fighting in pushing the Heritage committee’s legislative goals. Asked whether she feels the stars have aligned to create the right conditions to push copyright reform, she notes: "I think it was a favourable environment with the unanimous, all-committee report, first and foremost. I don’t think enough attention has been paid to that. And, now with a minority government, I would see that the government would certainly take a lead in this area and seize the opportunity where you’ve got the consensus on an all-committee report. This is something that should be proceeded with forthwith. It’s something that is to the benefit of everyone. "I think we have to remember that, if you look back to what the Prime Minister said at the Junos in Edmonton, he committed to going forward and the Liberal platform spoke about actually implementing and updating our copyright laws to the benefit of creators. This fits in exactly with the report." Queried about the potential for further bureaucratic delays – a committee request to the departments to present draft legislation on WIPO by mid-last November, and issued in late October, was effectively ignored by Industry Canada – Bulte tells CNM that the timetable set out in the committee’s report is still on. Timetable still on "Our timetable is there. The bureaucracy has been working. The instructions were clearly directed. The bureaucracy hasn’t been on vacation for five weeks. So, I don’t understand what’s changed…I see it as a priority based on the platform…It was one of the things that the government committed to doing. I haven’t seen any change to that. So, maybe it won’t be September, but…Parliament will be coming back in October. Perhaps this will be the first thing on the agenda. I think it’s a wonderful opportunity right now for people who are interested in having our copyright law updated, this time, to take advantage of this. "And, again, the decision – the SOCAN decision, as well, move this issue forward. It’s time to lobby your MP and senators and all the parties. We have an all-party report. It wasn’t a Liberal report. It was unanimous. And, that support is pretty hard to get unanimously. I think it’s a great opportunity to see how the government and all parties work for Canadians." Bulte predicts that not only copyright will see action as a result of the election and new political dynamics on Parliament Hill, but that other issues of importance to the Heritage committee will see new importance. For example, she notes, the election has likely put a nail in the coffin of the issue of foreign ownership. Asked about the conflicting report issued by the Standing Committee on Industry, Science and Technology, which recommends higher levels of foreign investment in Canadian communications companies, Bulte responds: "I don’t know why people keep harping on it…It’s, like, ‘oh, there’s an industry report.’ So what? There’s a Heritage report. With all due respect to the Industry committee, I don’t think they fully understood what was involved, and the consequences of their recommendations are, whether intended or unintended. And, I quite frankly, have spoken to a number of my colleagues who were on that Industry committee, and when you take the time to explain it to them, they come onside. I would say, why is their recommendation more powerful than the Heritage committee’s? I would submit it’s the other way around." Finally, Bulte sees the situation as being encouraging for arts funding, including for the creation of original digital content. Again, she downplays the significance of the election results, and says the Liberals will continue with their stated policy of support for cultural initiatives. "Again, it’s part of the Liberal platform. The support was there before the election – look at the platform beforehand. It was quite strong. We talked about increased spending to the larger arts organizations through the Canada Council. The Canadian Conference on the Arts has been talking: ‘we need more money,’ or ‘the Liberal government hasn’t done anything.’ That’s just nonsense. If you look at the Canada Council’s annual report, funding for the Canada Council went up 69% over the last seven years from $91 million to $154 million. "And if the Canadian Conference on the Arts feels that it should be doubled, then it’s up to them to make that case. I saw something that came from them, and they’re not even addressing that issue. You can’t have your cake and eat it too. What are your priorities? Then they send a submission to (The Standing Committee on) Finance." The same is true for digital creators, she says. "Get to the Finance Committee. Get to the Finance Committee. The budget’s going to be there. I would say number one is get your group together to present a brief both to Finance committee and give something to the Heritage Committee as well. Get them to take a look at it. FACTOR has been talking about renewing the Tomorrow Starts Today program, which, in fact, I believe the online/new media came from that. If that’s to be sustainable, then I think the case has to be made both to Heritage and to Finance that these programs should become evergreen."

Bulte predicts quick passage of WIPO legislation in new Parliament

News | 07/23/2004 4:00 am EDT

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