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Proposed Bill C-11 could discriminate against American firms: U.S. Embassy

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The United States Embassy in Ottawa says it has concerns that the federal Liberals’ controversial online streaming act could discriminate against American companies.

In a statement to The Canadian Press, an embassy spokesperson said U.S. officials are holding consultations with businesses about how Bill C-11 could affect their operations.

“We have … concerns it could impact digital streaming services and discriminate against U.S. businesses,” Molly Sanchez Crowe said in the statement.

The bill aims to update Canada’s broadcasting law so it reflects the advent of online streaming platforms such as YouTube, Spotify and Netflix. If the bill passes, such platforms would be required to contribute to the creation of Canadian content and make it accessible to users in Canada — or face steep penalties.

The proposed law has come under intense scrutiny amid accusations from companies and critics who said it left too much room for government control over user-generated content and social-media algorithms.

The chair of the Canadian Radio-television and Telecommunications Commission (CRTC), which would be given new enforcement powers under the bill, disputed those concerns during a Senate committee hearing last month, though some lawmakers said they were still concerned about vagueness in the bill’s wording.

YouTube, which is owned by Google, has said it’s not concerned about being regulated further. But it has maintained that the bill would engage in artificial promotion of certain content and give the government control over what users see.

Potential trade dispute

Under the Canada-United States-Mexico Agreement on trade, or CUSMA, a country can challenge a law when it feels it is being discriminated against.

U.S. Trade Representative Katherine Tai has previously expressed concern about the proposed law, but has not said whether her country would launch a trade dispute.

International Trade Minister Mary Ng has insisted that the online streaming act in is line with Canada’s trade obligations.

Marc Froese, a political science professor at Burman University in Alberta, said it’s possible a dispute could be launched against Canada.

“Is it inevitable? No,” he said in an interview Tuesday.

He pointed to a cross-border dispute Canada faced 25 years ago over “split-run” magazines, or American magazines that were sold in Canada with the same content but with Canadian advertising. The percentage of Canadian ads they could include had already been strictly limited since the ’60s, and in 1994, the government added a hefty excise tax to the equation.

Bill awaiting final Senate vote

Ottawa saw the policy as a way to prevent cultural swamping by the Americans, Froese said.

But the U.S. disputed the policy via the World Trade Organization and threatened retaliation under the then-North American Free Trade Agreement, or NAFTA.

“We played hardball. The Americans sued us,” Froese said. “And we lost.”

Jean Chretien’s Liberal government was forced to back down, though some restrictions on imported magazines remained. Since then, Froese said Canada has learned a lot about trade disputes and cultural exemptions, and it has become a leading user of dispute resolution mechanisms on the global stage.

“We’re not a babe in the woods when it comes to dealing with litigation. Canadians get afraid of that: ‘The Americans might sue us. They won’t like what we’re doing.’ Yeah, so what?” Froese said.

Even so, the updated broadcasting rules could be protected from trade violations by cultural exemptions written into trade agreements, he said.

Toronto-based trade lawyer Lawrence Herman, of Herman & Associates, said he doesn’t think the bill will face many more hurdles.

“The Canadian government will do whatever is necessary to make sure that these measures are implemented in a perfectly legitimate way,” Herman said. “To avoid any suggestion that our trade commitments are not right.”

The bill passed in the House of Commons last June and is awaiting a final vote in the Senate.

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Youri Chassin quits CAQ to sit as Independent, second member to leave this month

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Quebec legislature member Youri Chassin has announced he’s leaving the Coalition Avenir Québec government to sit as an Independent.

He announced the decision shortly after writing an open letter criticizing Premier François Legault’s government for abandoning its principles of smaller government.

In the letter published in Le Journal de Montréal and Le Journal de Québec, Chassin accused the party of falling back on what he called the old formula of throwing money at problems instead of looking to do things differently.

Chassin says public services are more fragile than ever, despite rising spending that pushed the province to a record $11-billion deficit projected in the last budget.

He is the second CAQ member to leave the party in a little more than one week, after economy and energy minister Pierre Fitzgibbon announced Sept. 4 he would leave because he lost motivation to do his job.

Chassin says he has no intention of joining another party and will instead sit as an Independent until the end of his term.

He has represented the Saint-Jérôme riding since the CAQ rose to power in 2018, but has not served in cabinet.

This report by The Canadian Press was first published Sept. 12, 2024.

The Canadian Press. All rights reserved.

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‘I’m not going to listen to you’: Singh responds to Poilievre’s vote challenge

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MONTREAL – NDP Leader Jagmeet Singh says he will not be taking advice from Pierre Poilievre after the Conservative leader challenged him to bring down government.

“I say directly to Pierre Poilievre: I’m not going to listen to you,” said Singh on Wednesday, accusing Poilievre of wanting to take away dental-care coverage from Canadians, among other things.

“I’m not going to listen to your advice. You want to destroy people’s lives, I want to build up a brighter future.”

Earlier in the day, Poilievre challenged Singh to commit to voting non-confidence in the government, saying his party will force a vote in the House of Commons “at the earliest possibly opportunity.”

“I’m asking Jagmeet Singh and the NDP to commit unequivocally before Monday’s byelections: will they vote non-confidence to bring down the costly coalition and trigger a carbon tax election, or will Jagmeet Singh sell out Canadians again?” Poilievre said.

“It’s put up or shut up time for the NDP.”

While Singh rejected the idea he would ever listen to Poilievre, he did not say how the NDP would vote on a non-confidence motion.

“I’ve said on any vote, we’re going to look at the vote and we’ll make our decision. I’m not going to say our decision ahead of time,” he said.

Singh’s top adviser said on Tuesday the NDP leader is not particularly eager to trigger an election, even as the Conservatives challenge him to do just that.

Anne McGrath, Singh’s principal secretary, says there will be more volatility in Parliament and the odds of an early election have risen.

“I don’t think he is anxious to launch one, or chomping at the bit to have one, but it can happen,” she said in an interview.

New Democrat MPs are in a second day of meetings in Montreal as they nail down a plan for how to navigate the minority Parliament this fall.

The caucus retreat comes one week after Singh announced the party has left the supply-and-confidence agreement with the governing Liberals.

It’s also taking place in the very city where New Democrats are hoping to pick up a seat on Monday, when voters go to the polls in Montreal’s LaSalle—Émard—Verdun. A second byelection is being held that day in the Winnipeg riding of Elmwood—Transcona, where the NDP is hoping to hold onto a seat the Conservatives are also vying for.

While New Democrats are seeking to distance themselves from the Liberals, they don’t appear ready to trigger a general election.

Singh signalled on Tuesday that he will have more to say Wednesday about the party’s strategy for the upcoming sitting.

He is hoping to convince Canadians that his party can defeat the federal Conservatives, who have been riding high in the polls over the last year.

Singh has attacked Poilievre as someone who would bring back Harper-style cuts to programs that Canadians rely on, including the national dental-care program that was part of the supply-and-confidence agreement.

The Canadian Press has asked Poilievre’s office whether the Conservative leader intends to keep the program in place, if he forms government after the next election.

With the return of Parliament just days away, the NDP is also keeping in mind how other parties will look to capitalize on the new makeup of the House of Commons.

The Bloc Québécois has already indicated that it’s written up a list of demands for the Liberals in exchange for support on votes.

The next federal election must take place by October 2025 at the latest.

This report by The Canadian Press was first published Sept. 11, 2024.

The Canadian Press. All rights reserved.

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Social media comments blocked: Montreal mayor says she won’t accept vulgar slurs

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Montreal Mayor Valérie Plante is defending her decision to turn off comments on her social media accounts — with an announcement on social media.

She posted screenshots to X this morning of vulgar names she’s been called on the platform, and says comments on her posts for months have been dominated by insults, to the point that she decided to block them.

Montreal’s Opposition leader and the Canadian Civil Liberties Association have criticized Plante for limiting freedom of expression by restricting comments on her X and Instagram accounts.

They say elected officials who use social media should be willing to hear from constituents on those platforms.

However, Plante says some people may believe there is a fundamental right to call someone offensive names and to normalize violence online, but she disagrees.

Her statement on X is closed to comments.

This report by The Canadian Press was first published Sept. 11, 2024.

The Canadian Press. All rights reserved.

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