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Canada’s top judge is now Governor General, but expert urges speedy replacement

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TORONTO —
Julie Payette’s resignation amid allegations of workplace harassment means that the chief justice of the Supreme Court will now serve as interim Governor General, but a Crown expert says this temporary appointment should be as brief as possible as it presents potential conflicts.

Prime Minister Justin Trudeau accepted Payette’s resignation on Thursday following reports of a workplace harassment investigation that sources described to CTV News as “damaging.”

Chief Justice of Canada Richard Wagner will serve as Governor General on an interim basis until Trudeau recommends a new governor general to the Queen, something Trudeau says he will do “in due course.”

Philippe Lagasse, a Carleton University expert on the Westminster system and the Crown, described Payette’s resignation as “a bit sad, really,” and stressed the importance of limiting the amount of time Wagner stays in this role.

“I have to say, as somebody who is concerned about how offices appear in public, it’s really not ideal to have the chief justice of the Supreme Court act as an administrator for any long period of time,” Lagasse told CTV’s Power Play on Thursday.

The reason: the Governor General is in charge of turning bills into law through royal assent. Having an active Supreme Court judge in this role could be potentially problematic down the road, Lagasse said.

“We can think in our constitutional metaphysics that they’re wearing a different hat when they’re providing royal assent, you can imagine that it could create discomfort on the part of the judge who wants to be seem completely and utterly impartial if ever that legislation appears before them in a constitutional or legal challenge,” he said.

Asked about the timeline to replace Payette, intergovernmental Affairs Minister Dominic LeBlanc said “obviously it’s not a question of months.”

“The constitutional role can be fulfilled as of tonight by Chief Justice Wagner and until a successor is sworn in,” LeBlanc told CTV’s Power Play.

“We obviously haven’t turned our attention to the details of how that successor would be recommended to Her Majesty, but we’ll have more to say about that in the coming days. But it’s not a circumstance that can go on for months and months.”

The Governor General holds the second-highest office in Canada after the Queen, with the role out-ranking even the prime minister. That’s because the Governor General can be called on to make decisions related to the formation of government, such as to prorogue Parliament or dissolve Parliament on the advice of a prime minister to trigger an election.

The Governor General also plays a key role in minority governments, as is the current case. If a minority government loses a confidence vote in the House of Commons, the prime minister would then have to request Parliament be dissolved. The Governor General then has the discretion whether to agree to that, and call an election, or allow another party in the House to attempt to form a government that would have the confidence of the House.

For example, in 2008, Stephen Harper asked then-Governor General Michaelle Jean to prorogue Parliament to avoid a non-confidence vote that he was expected to lose, which she allowed.

Everything considered, Lagasse said it’s in the country’s best interests to appoint a new Governor General pronto.

“To the extent possible, we should have a full-on governor general appointed as soon as possible, given the possibility of an election on the horizon,” he said.

“And ultimately, I would imagine the chief justice is not really keen on the idea of having to make some of these decisions and make some of the calls, particularly if another election returns another hung Parliament, and if there’s controversy around a dissolution of Parliament in the middle of a pandemic. These are all things that I imagine the chief justice doesn’t want to be particularly involved with either.”

CTV royal commentator Richard Berthelsen said that the Governor General plays a critical constitutional role in Canada as a representative of the Queen, but is also seen as a moral leader.

“So this really was a day that, in a lot of ways, had to happen. It’s sad that it has happened, but the report has left everyone with no alternative,” Berthelsen told CTV News Channel.

With files from CTV’s Rachel Aiello in Ottawa and The Canadian Press

Source:- CTV News

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Australia's standoff with Facebook has lessons for Canada, publisher says – CBC.ca

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Canada should move quickly on legislation to make Facebook and Google pay for news content, because it was only when Australia began taking action that the digital giants responded with deals, says the head of the association representing the Canadian news media industry.

“If these companies will only act once legislation is imminent, then we’d like to see legislation sooner rather than later,” said Bob Cox, chair of News Media Canada and publisher of the Winnipeg Free Press.

Australia’s Parliament on Thursday passed the final amendments to the so-called News Media Bargaining Code that forces Google and Facebook to pay for news. Last week, Canadian Heritage Minister Steven Guilbeault said Canada would introduce its own rules in the coming months.

How Canada proceeds will likely have a major impact on the future of news in the country. Cox said Google and Facebook have so much power in the marketplace that it makes it impossible for small players to to compete. And they’re so big — Google parent Alphabet had about $180 billion US in revenue last year — that almost everyone is a small player.

In Australia, the digital giants won’t be able to make take-it-or-leave-it payment offers to news businesses for their journalism. Instead, in the case of a standoff, an arbitration panel would make a binding decision on a winning offer. A last-minute amendment gave digital platforms one month’s notice before they are formally designated under the code, giving the parties more time to broker agreements before they are forced to enter binding arbitration arrangements.

In return for the changes, Facebook agreed to lift a ban on Australians accessing and sharing news on their platform. Google had already struck deals with major Australian news businesses in recent weeks, including News Corp.

Canada’s news media industry has come out hard against Facebook and asked the government for more regulation of tech companies to allow the industry to recoup financial losses it has suffered in the years that Facebook and Google have been steadily gaining greater market shares of advertising.

‘They basically forced Facebook’

Cox said Facebook and Google had been reluctant to make any deals with publishers until Australia “forcefully” pushed forward, and it worked.

“They basically forced Facebook and Google to work with that legislation,” he said. “Now Facebook managed to get some changes to the legislation, but basically they’ll still be required to negotiate deals with publishers and that’s the end goal.”

WATCH | Newspaper publisher on making tech giants pay for news:

Bob Cox, publisher of the Winnipeg Free Press, says local news could be in trouble if the government doesn’t take bold action. 6:09

Cox said he gives credit to Google and Facebook for programs they’ve enacted to support journalism, including training, grants and tools. Facebook announced on Wednesday that it would raise its funding of news publishers to $1 billion over three years, and the company estimates that the traffic it sends to news websites contributes hundreds of millions of dollars to the Canadian news industry.

“What they haven’t done, though, is pay for content, and that’s what we’ve been trying to get them to do,” he said.

Google recently announced a willingness to pay for content through its Google News Showcase licensing model, but it hasn’t begun to operate yet, Cox said. In a statement, Meg Sinclair, head of communications for Facebook Canada, said the company is “exploring” investments in news licensing and programs to support sustainability of journalism in Canada, but isn’t in any discussions about specific licensing agreements. 

Chris Moos, a lecturer at Oxford University’s Business School, said the last-minute amendments in Australia’s legislation amounted to a “small victory” for Facebook.

Moos said the legislation would likely result in small payouts for most Australian news publishers. But Facebook could again block Australian news if negotiations broke down.

Andrea Carson, an associate professor in the department of communication and media at La Trobe University in Melbourne, agreed, but also said the government had gotten what it wanted.

What Canada can learn

As for what can be learned from Australia’s situation, Carson said Canada should consider whether Australia took the right approach.

“There are other mechanisms for doing this, such as putting a tax on digital advertising,” she said. “Maybe other countries might consider that rather than looking through competition law, which is what Australia’s done.”

Carson also suggested countries should make certain the money is used to fund public-interest journalism, a guarantee that doesn’t exist under the Australian system.

“It goes into the larger pool of News Corp.,” she said.

WATCH | Facebook and Australia are in a standoff. Is Canada next?

Facebook blocked news posts for Australian users as the government plans to make technology companies pay for sharing news content. There are concerns something similar could happen to Canadians. 7:37

Guilbeault, who could not be reached for comment on Thursday, has promised a “made-in-Canada” approach. 

“We need to find a solution that is sustainable for news publishers, small and large, digital platforms, and for the health of our democracy,” he said on Tuesday.

There have been concerns in Australia that smaller publications might miss out while the tech giants focus on big players, a “real danger” that Cox said should be dealt with in any legislation.

“The main reason why we’ve always argued that government action is necessary [is] so that it helps the entire industry and helps support local news across the country, as opposed to simply the bigger publishers who have had access to Facebook and Google for a long time anyway,” he said.

Disclosure: CBC/Radio-Canada has business partnerships with Facebook for content distribution and with Google for services that encompass mobile distribution, data storage and communication tools.

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Australia's standoff with Facebook has lessons for Canada, publisher says – CBC.ca

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Canada should move quickly on legislation to make Facebook and Google pay for news content, because it was only when Australia began taking action that the digital giants responded with deals, says the head of the association representing the Canadian news media industry.

“If these companies will only act once legislation is imminent, then we’d like to see legislation sooner rather than later,” said Bob Cox, chair of News Media Canada and publisher of the Winnipeg Free Press.

Australia’s Parliament on Thursday passed the final amendments to the so-called News Media Bargaining Code that forces Google and Facebook to pay for news. Last week, Canadian Heritage Minister Steven Guilbeault said Canada would introduce its own rules in the coming months.

How Canada proceeds will likely have a major impact on the future of news in the country. Cox said Google and Facebook have so much power in the marketplace that it makes it impossible for small players to to compete. And they’re so big — Google parent Alphabet had about $180 billion US in revenue last year — that almost everyone is a small player.

In Australia, the digital giants won’t be able to make take-it-or-leave-it payment offers to news businesses for their journalism. Instead, in the case of a standoff, an arbitration panel would make a binding decision on a winning offer. A last-minute amendment gave digital platforms one month’s notice before they are formally designated under the code, giving the parties more time to broker agreements before they are forced to enter binding arbitration arrangements.

In return for the changes, Facebook agreed to lift a ban on Australians accessing and sharing news on their platform. Google had already struck deals with major Australian news businesses in recent weeks, including News Corp.

Canada’s news media industry has come out hard against Facebook and asked the government for more regulation of tech companies to allow the industry to recoup financial losses it has suffered in the years that Facebook and Google have been steadily gaining greater market shares of advertising.

‘They basically forced Facebook’

Cox said Facebook and Google had been reluctant to make any deals with publishers until Australia “forcefully” pushed forward, and it worked.

“They basically forced Facebook and Google to work with that legislation,” he said. “Now Facebook managed to get some changes to the legislation, but basically they’ll still be required to negotiate deals with publishers and that’s the end goal.”

WATCH | Newspaper publisher on making tech giants pay for news:

Bob Cox, publisher of the Winnipeg Free Press, says local news could be in trouble if the government doesn’t take bold action. 6:09

Cox said he gives credit to Google and Facebook for programs they’ve enacted to support journalism, including training, grants and tools. Facebook announced on Wednesday that it would raise its funding of news publishers to $1 billion over three years, and the company estimates that the traffic it sends to news websites contributes hundreds of millions of dollars to the Canadian news industry.

“What they haven’t done, though, is pay for content, and that’s what we’ve been trying to get them to do,” he said.

Google recently announced a willingness to pay for content through its Google News Showcase licensing model, but it hasn’t begun to operate yet, Cox said. In a statement, Meg Sinclair, head of communications for Facebook Canada, said the company is “exploring” investments in news licensing and programs to support sustainability of journalism in Canada, but isn’t in any discussions about specific licensing agreements. 

Chris Moos, a lecturer at Oxford University’s Business School, said the last-minute amendments in Australia’s legislation amounted to a “small victory” for Facebook.

Moos said the legislation would likely result in small payouts for most Australian news publishers. But Facebook could again block Australian news if negotiations broke down.

Andrea Carson, an associate professor in the department of communication and media at La Trobe University in Melbourne, agreed, but also said the government had gotten what it wanted.

What Canada can learn

As for what can be learned from Australia’s situation, Carson said Canada should consider whether Australia took the right approach.

“There are other mechanisms for doing this, such as putting a tax on digital advertising,” she said. “Maybe other countries might consider that rather than looking through competition law, which is what Australia’s done.”

Carson also suggested countries should make certain the money is used to fund public-interest journalism, a guarantee that doesn’t exist under the Australian system.

“It goes into the larger pool of News Corp.,” she said.

WATCH | Facebook and Australia are in a standoff. Is Canada next?

Facebook blocked news posts for Australian users as the government plans to make technology companies pay for sharing news content. There are concerns something similar could happen to Canadians. 7:37

Guilbeault, who could not be reached for comment on Thursday, has promised a “made-in-Canada” approach. 

“We need to find a solution that is sustainable for news publishers, small and large, digital platforms, and for the health of our democracy,” he said on Tuesday.

There have been concerns in Australia that smaller publications might miss out while the tech giants focus on big players, a “real danger” that Cox said should be dealt with in any legislation.

“The main reason why we’ve always argued that government action is necessary [is] so that it helps the entire industry and helps support local news across the country, as opposed to simply the bigger publishers who have had access to Facebook and Google for a long time anyway,” he said.

Disclosure: CBC/Radio-Canada has business partnerships with Facebook for content distribution and with Google for services that encompass mobile distribution, data storage and communication tools.

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Australia's standoff with Facebook has lessons for Canada, publisher says – CBC.ca

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 on


Canada should move quickly on legislation to make Facebook and Google pay for news content, because it was only when Australia began taking action that the digital giants responded with deals, says the head of the association representing the Canadian news media industry.

“If these companies will only act once legislation is imminent, then we’d like to see legislation sooner rather than later,” said Bob Cox, chair of News Media Canada and publisher of the Winnipeg Free Press.

Australia’s Parliament on Thursday passed the final amendments to the so-called News Media Bargaining Code that forces Google and Facebook to pay for news. Last week, Canadian Heritage Minister Steven Guilbeault said Canada would introduce its own rules in the coming months.

How Canada proceeds will likely have a major impact on the future of news in the country. Cox said Google and Facebook have so much power in the marketplace that it makes it impossible for small players to to compete. And they’re so big — Google parent Alphabet had about $180 billion US in revenue last year — that almost everyone is a small player.

In Australia, the digital giants won’t be able to make take-it-or-leave-it payment offers to news businesses for their journalism. Instead, in the case of a standoff, an arbitration panel would make a binding decision on a winning offer. A last-minute amendment gave digital platforms one month’s notice before they are formally designated under the code, giving the parties more time to broker agreements before they are forced to enter binding arbitration arrangements.

In return for the changes, Facebook agreed to lift a ban on Australians accessing and sharing news on their platform. Google had already struck deals with major Australian news businesses in recent weeks, including News Corp.

Canada’s news media industry has come out hard against Facebook and asked the government for more regulation of tech companies to allow the industry to recoup financial losses it has suffered in the years that Facebook and Google have been steadily gaining greater market shares of advertising.

‘They basically forced Facebook’

Cox said Facebook and Google had been reluctant to make any deals with publishers until Australia “forcefully” pushed forward, and it worked.

“They basically forced Facebook and Google to work with that legislation,” he said. “Now Facebook managed to get some changes to the legislation, but basically they’ll still be required to negotiate deals with publishers and that’s the end goal.”

WATCH | Newspaper publisher on making tech giants pay for news:

Bob Cox, publisher of the Winnipeg Free Press, says local news could be in trouble if the government doesn’t take bold action. 6:09

Cox said he gives credit to Google and Facebook for programs they’ve enacted to support journalism, including training, grants and tools. Facebook announced on Wednesday that it would raise its funding of news publishers to $1 billion over three years, and the company estimates that the traffic it sends to news websites contributes hundreds of millions of dollars to the Canadian news industry.

“What they haven’t done, though, is pay for content, and that’s what we’ve been trying to get them to do,” he said.

Google recently announced a willingness to pay for content through its Google News Showcase licensing model, but it hasn’t begun to operate yet, Cox said. In a statement, Meg Sinclair, head of communications for Facebook Canada, said the company is “exploring” investments in news licensing and programs to support sustainability of journalism in Canada, but isn’t in any discussions about specific licensing agreements. 

Chris Moos, a lecturer at Oxford University’s Business School, said the last-minute amendments in Australia’s legislation amounted to a “small victory” for Facebook.

Moos said the legislation would likely result in small payouts for most Australian news publishers. But Facebook could again block Australian news if negotiations broke down.

Andrea Carson, an associate professor in the department of communication and media at La Trobe University in Melbourne, agreed, but also said the government had gotten what it wanted.

What Canada can learn

As for what can be learned from Australia’s situation, Carson said Canada should consider whether Australia took the right approach.

“There are other mechanisms for doing this, such as putting a tax on digital advertising,” she said. “Maybe other countries might consider that rather than looking through competition law, which is what Australia’s done.”

Carson also suggested countries should make certain the money is used to fund public-interest journalism, a guarantee that doesn’t exist under the Australian system.

“It goes into the larger pool of News Corp.,” she said.

WATCH | Facebook and Australia are in a standoff. Is Canada next?

Facebook blocked news posts for Australian users as the government plans to make technology companies pay for sharing news content. There are concerns something similar could happen to Canadians. 7:37

Guilbeault, who could not be reached for comment on Thursday, has promised a “made-in-Canada” approach. 

“We need to find a solution that is sustainable for news publishers, small and large, digital platforms, and for the health of our democracy,” he said on Tuesday.

There have been concerns in Australia that smaller publications might miss out while the tech giants focus on big players, a “real danger” that Cox said should be dealt with in any legislation.

“The main reason why we’ve always argued that government action is necessary [is] so that it helps the entire industry and helps support local news across the country, as opposed to simply the bigger publishers who have had access to Facebook and Google for a long time anyway,” he said.

Disclosure: CBC/Radio-Canada has business partnerships with Facebook for content distribution and with Google for services that encompass mobile distribution, data storage and communication tools.

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