Quotulatiousness

January 9, 2013

What does “status” mean in the Canadian First Nations context?

Filed under: Cancon, Government, Law — Tags: , , , , — Nicholas @ 13:23

If you’re confused by the current debate over First Nations people and their relationship with the Crown, you’ll probably want to read âpihtawikosisân‘s explanation of “status” and other terms-of-law that are used in these discussions:

It has been my experience that many Canadians do not understand the difference between Status and membership, or why so many different terms are used to refer to native peoples. The confusion is understandable; this is a complex issue and the terms used in any given context can vary greatly. Many people agree that the term ‘Indian’ is a somewhat outdated and inappropriate descriptor and have adopted the presently more common ‘First Nations’. It can seem strange then when the term ‘Indian’ continues to be used, in particular by the government, or in media publications. The fact that ‘Indian’ is a legislative term is not often explained.

As a Métis, I find myself often answering questions about whether or not I have Status, which invariably turns into an explanation about what Status means in the Canadian context. The nice thing is, as time passes, fewer people ask me this because it does seem that the information is slowly getting out there into the Canadian consciousness.

To help that process along, I figured I’d give you the quick and dirty explanation of the different categories out there. Well…quick is subjective, I am after all notoriously long-winded.

H/T to Andrew Coyne, who retweeted the link from @romeoinottawa.

January 5, 2013

BBC forgets about original (BBC) series, asks for pilot of new Yes, Prime Minister

Filed under: Britain, Bureaucracy, Humour, Media — Tags: , , — Nicholas @ 00:01

As a result, the remake will not be shown on the BBC:

The new series of Yes, Prime Minister was made for a rival channel because the BBC asked its creators to make a pilot episode, it has emerged.

Co-writer Jonathan Lynn said the BBC had been given first refusal on the revival out of “courtesy”, because it aired the award-winning original.

But he called the request for a test episode “extraordinary”, as “there were 38 pilots available on DVD”.

The first new episodes for 25 years will be aired on digital channel Gold.

Lynn told comedy website Chortle that the BBC “said it was policy” to order a pilot episode before commissioning a full series.

“So we said our policy was to not write a pilot.”

The original Yes, Minister and Yes, Prime Minister tell you more about the actual workings of parliamentary democracy than a full semester undergraduate course. I hope the new series can recapture the magic (if you can call showing the awful workings of government bureaucrats and politicians “magic”).

The new series was filmed last summer and is based on a recent stage production, which launched in 2010.

Digital network Gold said the Rt Hon Jim Hacker would return as the leader of a coalition government, with plots focussing on the economic crisis, a leadership crisis with his coalition partners and a Scottish independence referendum.

David Haig will take the lead role, with Henry Goodman as Sir Humphrey. Both have appeared in the stage version of the show.

They will be joined by Dame Maggie Smith’s son, Chris Larkin, as Bernard Woolley, and Robbie Coltrane as a guest star.

December 22, 2012

After so long under minority governments, a majority can feel like a dictatorship

Filed under: Cancon, Government — Tags: , — Nicholas @ 10:21

Andrew Coyne pinpoints the day that Stephen Harper started governing as if he actually had a majority:

Calendar years have no particular significance in the political or electoral cycle — except when they do. Though the Conservatives won the majority they had been three times denied in May of 2011, they did not begin to govern as a majority until this year.

Indeed, the date can be fixed with precision. It was Jan. 26, a Thursday. Until that time the government had been preoccupied with leftover items from the minority years: the crime bills, the Wheat Board, the gun registry, and so on. On that day, Stephen Harper gave a speech in which he at last began to sketch out the broader agenda he had been at such pains to disavow until then.

This, it might be said, was the real Speech from the Throne (the one from the previous June being remembered mostly for a piece of performance art by an impossibly self-involved page), the occasion for the government to lay out before Canadians and their representatives “the unfinished business of the nation.” And so, naturally, it took place thousands of miles away, in Davos, Switzerland.

[. . .]

Last, there are the omnibus budget bills, I and II: the point at which the government’s emerging policy ambitions and continuing contempt for Parliamentary democracy converge. I’ve said my fill about these earlier, so I’ll be brief here. When much of the government’s legislative agenda can be pushed through in a single bill, or two; when “debate” on these hydra-headed monstrosities is itself cut short by government fiat; when these arrive on top of the whole long train of abuses to which Parliament has already been subjected, starting under past governments but with conspicuous enthusiasm under the present – then the question for next year, and for years to come, is clear. It is whether we will still live under a Parliamentary system of government, or something else.

December 6, 2012

NZ court allows Kim Dotcom to sue for illegal spying

Filed under: Business, Law, Liberty, USA — Tags: , , , , — Nicholas @ 10:01

This could get interesting quickly:

Details of the top secret international spy agency ring known as Echelon will have to be produced after a new judgment in the Kim Dotcom case.

The internet tycoon was also cleared to pursue a case for damages against the police and the Government Communications Security Bureau in a judgment which has opened the Government’s handling of the criminal copyright case for its harshest criticism yet.

[. . .]

Chief high court judge Helen Winkelmann said the GCSB would have to “confirm all entities” to which it gave information sourced through its illegal interception of Dotcom’s communications.

She said her order included “members of Echelon/Five Eyes, including any United States authority”. The Echelon network is an international intelligence network to which New Zealand and the United States are members, along with Australia, Canada and the United Kingdom.

The judgment also recorded Dotcom’s suspicions he had been spied on at least six weeks before the GCSB admitted to doing so, and sought details as to whether others had been swept up in the illegal operation.

Update: Moved the video below the fold to stop it auto-playing any time someone visited the blog main page.

(more…)

December 3, 2012

Canada’s arch-traitor of the War of 1812

Filed under: Cancon, History, USA — Tags: , , , — Nicholas @ 11:54

In the National Post, James Careless discusses the worst politician in Canadian history, the man who urged invaders to burn down his own constituency on their retreat:

Joseph Willcocks was an admired and effective member of the Upper Canada parliament for Niagara when the War of 1812 broke out. He quickly applied his skills to the war effort, convincing aboriginal warriors in his area to fight for the British. He earned the gratitude of the great British Army officer Sir Isaac Brock for his effort and fought alongside Brock at the Battle of Queenston Heights.

By all accounts he fought bravely. But as the war raged on, Willcocks decided to switched sides, joining the Americans who had overrun his Niagara riding. He created a turncoat regiment called the Canadian Volunteers who spied on Upper Canadians still loyal to the British, imprisoned their men and plundered their farms.

When the Americans retreated from Niagara in December 1813, Willcocks urged them to burn the village to the ground. This the Americans did, turning families out into the snow with the Canadian Volunteers’ eager assistance.

“This act of treason made Willcocks the only MP in history to burn his constituency,” says Sarah Maloney, managing director/curator of the Niagara Historical Society & Museum in Niagara-on-the-Lake (formerly Niagara). “His betrayal is unprecedented in our history.”

“Willcocks was certainly Canada’s worst-ever politician,” says Peter Macleod, pre-Confederation historian and curator of the Canadian War Museum’s 1812 exhibition. “But he was more than that. Willcocks was and still is Canada’s arch-traitor.”

Update, 24 May 2013: This was posted as a comment by Bryan Kerman, but comments are automatically closed on posted items after a few days, so it didn’t get added to the comment thread.

Sorry to surprise you but the article on Joseph Willcocks is misleading and covers up the big STATE LIE about him.

To whit:

1. He did not go willingly to the Americans but was run out by some prominent Tories, part of what would be called the Family Compact shortly afterwards.

2. He essentially fought his war within a war to hurt the Tories and otherwise political enemies who had caused him to flee.

3. His treason by taking up arms has provided convenient cover for 200 years to those who caused his expulsion and thence violent response.

These conclusions based on new evidence I have found is given in the ‘Introduction’ to my book Democrats and Other Traitors (Amazon) and throughout the novel.

Mr. Kerman’s book is listed on the Offorby Press website here.

November 21, 2012

McGuinty’s resignation sends Andrew Coyne into wrathful froth

Filed under: Cancon, Media, Politics — Tags: , — Nicholas @ 18:51

A fascinating set of Twitter updates from Andrew Coyne this afternoon:

November 5, 2012

Remember, Remember the Fifth of November

Filed under: Britain, History, Religion — Tags: , , , , , — Nicholas @ 11:20

Today is the anniversary of the Gunpowder Plot:

Everyone knows what the Gunpowder Plotters looked like. Thanks to one of the best-known etchings of the seventeenth century we see them ‘plotting’, broad brims of their hats over their noses, cloaks on their shoulders, mustachios and beards bristling — the archetypical band of desperados. Almost as well known are the broad outlines of the discovery of the ‘plot’: the mysterious warning sent to Lord Monteagle on October 26th, 1605, the investigation of the cellars under the Palace of Westminster on November 4th, the discovery of the gunpowder and Guy Fawkes, the flight of the other conspirators, the shoot-out at Holbeach in Staffordshire on November 8th in which four (Robert Catesby, Thomas Percy and the brothers Christopher and John Wright) were killed, and then the trial and execution of Fawkes and seven others in January 1606.

However, there was a more obscure sequel. Also implicated were the 9th Earl of Northumberland, three other peers (Viscount Montague and Lords Stourton and Mordaunt) and three members of the Society of Jesus. Two of the Jesuits, Fr Oswald Tesimond and Fr John Gerard, were able to escape abroad, but the third, the superior of the order in England, Fr Henry Garnet, was arrested just before the main trial. Garnet was tried separately on March 28th, 1606 and executed in May. The peers were tried in the court of Star Chamber: three were merely fined, but Northumberland was imprisoned in the Tower at pleasure and not released until 1621.

[. . .]

Thanks to the fact that nothing actually happened, it is not surprising that the plot has been the subject of running dispute since November 5th, 1605. James I’s privy council appears to have been genuinely unable to make any sense of it. The Attorney-General, Sir Edward Coke, observed at the trial that succeeding generations would wonder whether it was fact or fiction. There were claims from the start that the plot was a put-up job — if not a complete fabrication, then at least exaggerated for his own devious ends by Robert Cecil, Earl of Salisbury, James’s secretary of state. The government’s presentation of the case against the plotters had its awkward aspects, caused in part by the desire to shield Monteagle, now a national hero, from the exposure of his earlier association with them. The two official accounts published in 1606 were patently spins. One, The Discourse of the Manner, was intended to give James a more commanding role in the uncovering of the plot than he deserved. The other, A True and Perfect Relation, was intended to lay the blame on Garnet.

But Catesby had form. He and several of the plotters as well as Lord Monteagle had been implicated in the Earl of Essex’s rebellion in 1601. Subsequently he and the others (including Monteagle) had approached Philip III of Spain to support a rebellion to prevent James I’s accession. This raises the central question of what the plot was about. Was it the product of Catholic discontent with James I or was it the last episode in what the late Hugh Trevor-Roper and Professor John Bossy have termed ‘Elizabethan extremism’?

September 2, 2012

Proposed federal riding boundary changes

Filed under: Cancon, Politics — Tags: , , — Nicholas @ 11:36

The proposed new federal riding boundaries are now available to view here. Here’s a comparison of my current riding (Whitby-Oshawa) and the proposed new riding (results if the last election had been held using the new boundaries:

Of course, the most important information is the vast decrease in Libertarian voters in the proposed new riding (down to 0.05% from a majestic 0.31% in the existing riding).

August 6, 2012

Canada’s (lack of) Access To Information system

Filed under: Bureaucracy, Cancon, Government, Media — Tags: , , — Nicholas @ 11:12

David Akin explains just how badly broken the Access to Information (ATI) system is, and the clear lack of intent to improve it on the part of the Harper government:

Canada’s Access to Information (ATI) system was broke long before Stephen Harper became prime minister in 2006 but the Conservatives, like the Liberals before them, have failed to fix the system that gives Canadians the right of access to records the government holds, creates, and collects on all our behalf. […]

Indeed, despite promising to fix the ATI system in its 2006 campaign, the Conservatives have made it worse. Great example? Over at the Department of Foreign Affairs and International Trade, John Baird as much thumbed his nose at the Information Commissioner of Canada — an officer of Parliament, no less — when she told him earlier this year, in response to a complaint that I had made, that the steps his bureaucrats were taking to prevent the release of documents was flat out wrong, likely against the law, and that he ought to tell his bureaucrats to change their ways.

[. . .]

There is little, sadly, that the Information Commissioner can do to force a government to change. The Commissioner’s chief power is the power of persuasion and shame, although, as we saw with Baird and DFAIT, the Tories appear to have no shame when it comes to a commitment to living up to both the spirit and the letter of our Access to Information Act.

Still, naming and shaming is the only power all of us — Information Commissioner included — have when it comes to trying to improve this system.

And that’s why I (and, I suspect, other frequent ATI users) end up playing the kind of bizarre bureaucratic games I am about to describe.

July 4, 2012

ACTA rejected decisively by European Parliament

Filed under: Europe, Law, Media — Tags: , , , , — Nicholas @ 09:37

Apparently even the insulated, protected European Parliament can be moved if enough people are actively against something — in this case it was the Anti-Counterfeiting Trade Agreement (ACTA). Michael Geist explains:

When ACTA was formally signed by most participants in October 2011 in Tokyo, few would have anticipated that less than a year later, the treaty would face massive public protests and abandonment by leading countries. But with tens of thousands taking to the streets in Europe earlier this year, ACTA became the poster child for secretive, one-sided IP agreements that do not reflect the views and hopes of the broader public. This morning, the European Parliament voted overwhelmingly against the agreement, effectively killing ACTA within the EU. The vote was 478 against, 39 in favour, with 165 abstentions. This is a remarkable development that was virtually unthinkable even a year ago. Much credit goes to the thousands of Europeans who spoke out against ACTA and to the Members of the European Parliament who withstood enormous political pressure to vote against the deal.

The European developments have had a ripple effect, with the recent Australian parliamentary committee recommendation to delay ACTA ratification and the mounting opposition around the world. ACTA is not yet dead — it may still eke out the necessary six ratifications in a year or two for it to take effect — but it is badly damaged and will seemingly never achieve the goals of its supporters as a model for other countries to adopt and to emerge as a new global standard for IP enforcement. That said, ACTA supporters will not take today’s decision as the final verdict. In the coming weeks and months, we can expect new efforts to revive the agreement within Europe and to find alternative means to implement its provisions. That suggests the fight will continue, but for today, it is worth celebrating how the seemingly impossible — stopping a one-sided, secretly negotiated global IP agreement — became possible.

This has been referred to as the biggest parliamentary defeat ever for a European Commission initiative. In theory, the ACTA treaty cannot be enacted into EU law without being approved by the European Parliament (although, as we’ve seen before, the EU is adept at getting around minor inconveniences like referenda and recalcitrant national governments).

June 26, 2012

The “Draft Andrew Coyne” movement

Filed under: Cancon, Liberty, Media, Politics — Tags: , , , , , , , — Nicholas @ 10:49

I’ve met Andrew Coyne. We had a pleasant chat about political matters a few years ago (although I was one of dozens of Toronto-area bloggers he talked with that night: I doubt he remembers me). I often agree with his writings (and even when I don’t, he’s usually quotable). But how would he fare as a candidate for the Liberal leadership? Abacus ran the numbers:

Nationally, most Canadians told us they didn’t know enough about Mr. Coyne to say whether they had a favourable or unfavourable impression of him. Sixty-four percent were not sure of their opinion while 15% said they had a favourable impression while 21% had an unfavourable impression. Unfortunately for Mr. Coyne, the percentage of respondents who had “very unfavourable” was higher than those who had a “very favourable” impression of him (9% very unfavourable vs. 3% very favourable).

Nonetheless, there are “pockets” of Coynemania out there.

  • Men are slightly more likely to have a favourable impression of him than women (men 18% favourable, women 12% – women were also much more likely to be unsure).
  • There was no significant age difference although older Canadians (no surprisingly) were more likely to be aware of Mr. Coyne.
  • Regionally, he is more popular in Manitoba and Saskatchewan (25% favourable) than in other regions of the country. He is a tough sell in Quebec where his favourable rating is a mere 8%.
  • Considering his occupation and the audience likely to read and watch him, it is no surprise that respondents with a university degree were most aware and favourable to Mr. Coyne. 24% of those with a bachelor’s degree and 29% of those with a post-graduate degree had a favourable impression of the National Post columnist.
  • He is also more likely to be viewed favourably by those who live in urban communities (urban 18% favourable, suburban 13% favourable, rural 12% favourable).
  • Mr. Coyne is also viewed more favourable by those who own stocks, bonds, or mutual funds: 20% favourable vs. 10% among those who don’t own those kinds of investments.
  • Finally, there isn’t a significant partisan difference. Those who voted Liberal in 2011 are only slightly more likely to view him positively than NDP and CPC voters but the differences are marginal. He is a post-partisan candidate!

I don’t know if he’s actually interested in a political career, but he’d at least be a different kind of candidate than the Liberals have had in decades. I’ve never voted Liberal in my life, but I could imagine voting for a Liberal if Andrew Coyne was the Liberal leader. He appears to actually believe in smaller government and free markets — which is why he’d never be able to run as a Conservative. He’s on the record as being almost libertarian in his views on individual rights (especially on Nanny State issues) — which is why he couldn’t run as a New Democrat.

It’s not clear whether there are any members of today’s Liberal Party of Canada who could cope with a classical liberal as leader. But it would create a viable third choice in federal politics: that’s worth a lot in my books.

Update: There’s a Twitter hashtag for the movement: #coyne4lpc, and Jesse Helmer points out that there’s a Facebook group, too:

Update, the second: Apparently Andrew Coyne is getting into the swing of being a big-time politician, having already fired his first campaign manager:

June 25, 2012

The rot began at the top: Britain’s rotten state

Filed under: Britain, Government, Media, Politics — Tags: , , , , — Nicholas @ 09:06

David Conway reviews The Rotten State of Britain by Eamonn Butler:

In fourteen pithy, well-documented chapters, Butler guides the reader through the maze of political, economic and social changes to which New Labour subjected Britain during their period in office. After noting that ‘the rot starts from the top’, Butler summarize the main political changes the country was made to undergo so:

‘From Magna Carta in 1215, our rights and liberties have been built up over the centuries. Trial by jury, habeas corpus, the presumption of innocence — all these and more grew up to restrain our leaders and prevent them from harassing us. Yet within a decade almost all these protections have been diluted or discarded. Our leaders are no longer restrained by the rule of law at all [22]…The Prime Minister and colleagues in Downing Street decide what is good for us and then it’s nodded through Parliament. It’s hardly democracy: it’s a centralist autocracy.’ [31]

One by one, Butler explains how each of the country’s traditional constitutional restraints on uncurbed executive power was deliberately weakened, if not altogether discarded, by New Labor in pursuit of their master political project which was, having come to equate the national good with that of their own party, to perpetuate their hegemony indefinitely. Their first step was to effect a massive centralization of power in the hands of the Prime Minister and a small clique of unelected advisors that led to a systematic downgrading of Parliament, the Cabinet and civil service.

To observers of the Canadian system, this critique sounds hauntingly familiar: change “Downing Street” to “Sussex Drive” and it’s equally valid here. Some of the centralization was already well underway before 2001, but it was accelerated by terrorist attacks and governments’ response to them:

9/11 also served New Labor, Butler argues, as a pretext for making a power-grab in the name of security that turned Britain into ‘a surveillance state’ where ‘freedom exists only in name’. [106] He chillingly observes:

‘Of course, the terrorism threat is real… But in response, we seem to have given our government powers to track us anywhere, stop and search us in the street, arrest us for any imagined offense, imprison us for peaceful protest, hold us without charge for 28 days, extradite us to the United State without evidence, ban us for being members of non-violent organizations that they don’t happen to like, export us to other EU countries to stand trial for things that aren’t a crime here, take and file our DNA samples before we’ve been convicted, charged or even cautioned for any offense — and much more as well. In the name of defending our liberties against terrorism, we seem to have lost them.’ [92-93]

June 24, 2012

Paul Wells: What is behind the easy ride for Thomas Mulcair?

Filed under: Cancon, Politics — Tags: , , , , — Nicholas @ 10:41

In Maclean’s, Paul Wells ponders what could be preventing Stephen Harper from bringing down the hammer on Thomas Mulcair the way he did on Stéphane Dion, Michael Ignatieff, and Bob Rae:

For six years Stephen Harper’s opponents have wondered when he would stop spending millions of dollars to whale the tar out of them. Apparently the answer was that he’d stop as soon as his opponent stopped being Liberal.

[. . .]

The surprise is that Harper is not yet using his old tricks to change it.

His old tricks would consist of a heavy, sustained advertising campaign against the man who has risen highest against him. That’s what he did against Stéphane Dion, Michael Ignatieff and then, three months ago, against Bob Rae. Now, one of these things is not like the others. In minority government parliaments where an election always loomed, Dion and Ignatieff were present dangers. But going after Rae looks like a concession to instinct—and a mistake. The money spent has been lost, the neutralized enemy is now gone, and if the Liberals manage to find somebody more impressive to lead them, Harper will wish he’d let Rae limp to the next election.

Meanwhile, apart from the odd bit of ineffectual Conservative sass-talking, Mulcair rises unhindered. Why? Three possibilities. Maybe Harper is lost in the face of superior opposition. Maybe his minions are preparing ads that will take Mulcair apart in 2013.

Or maybe Harper is happy to see Mulcair rise. The Liberals, who governed Canada for most of the 20th century while the Conservatives didn’t, are left squeezed from both sides but too stubborn to disappear. The left-of-Conservative vote remains split. With the Liberals dominant in the centre, Conservative parties won three elections between 1963 and 2004. With the NDP dominant on the left, Conservatives would win more. Harper doesn’t control all of Canadian politics or anywhere close, but if he left a landscape like that behind him, he could retire a happy man.

June 21, 2012

Conservative government, but only in name

Filed under: Cancon, Government — Tags: , , , — Nicholas @ 00:03

Andrew Coyne on the palpable absurdity of the “Harper government” stonewalling the very office it insisted on setting up for oversight of government spending:

The reality is that the PBO has been given anything but the “free and timely access” that Parliament demanded. Time and time again, rather, he has been given the back of the government’s hand — stonewalled by the bureaucrats, ridiculed by the politicians, and lied to by both.

When, for example, the Department of National Defence at last consented to share the cost of the F-35 fighter jet purchase with the PBO, it provided only the most rudimentary figures, without any indication of how they were arrived at. These figures, on which the last election was fought, were later shown to understate the true costs of the jets by at least 40% and probably 60%, in violation not only of Treasury Board rules but the department’s own stated policies. For the crime of having been right, the PBO was subjected to a volley of ministerial insults, while the department pretends to this day not to have understood the office’s clearly stated requests.

More recently, the PBO (Kevin Page is his name) has been trying to get government departments to explain how they plan to achieve the $5.2-billion in largely unspecified “efficiencies” pencilled into the 2012 budget. How much of these, Page wanted to know, would be achieved by reducing costs, and how much by reducing services? How would federal employment be affected in either event? In other words, what did the budget mean by “efficiencies”? This would seem useful information for Members of Parliament considering their vote, assuming — you’ll indulge me here — MPs do indeed consider their votes.

Power corrupts, as Lord Acton reminds us, and the discipline that Stephen Harper enforced over his unruly caucus on their way to winning a minority government is now extended to the majority he enjoys today. What affronted him about Jean Chretien’s imperial ways now seems quite normal and unexceptional. Power does indeed corrupt.

June 18, 2012

The wins and losses in the C-11 copyright reform bill

Filed under: Books, Cancon, Law, Liberty, Media — Tags: , , , , — Nicholas @ 10:14

Michael Geist on the good and the bad aspects of bill C-11 which will probably pass third reading today in the House of Commons and be sent to the Senate for approval:

There is no sugar-coating the loss on digital locks. While other countries have been willing to stand up to U.S. pressure and adopt a more flexible approach, the government, led by Canadian Heritage Minister James Moore on the issue, was unwilling to compromise despite near-universal criticism of its approach. It appears that once Prime Minister Stephen Harper made the call for a DMCA-style approach in early May 2010, the digital lock issue was lost. The government heard that the bill will hurt IP enforcement, restrict access for the blind, disadvantage Canadian creators, and harm consumer rights. It received tens of thousands of comments from Canadians opposed to the approach and ran a full consultation in which digital locks were the leading concern. The NDP, Liberals, and Green Party proposed balanced amendments to the digital lock rules that were consistent with international requirements and would have maintained protection for companies that use them, but all were rejected. [. . .]

Since the Conservatives took power in 2006, there were effectively four bills: the Pre-Bill C-61 bill that was to have been introduced by Jim Prentice in December 2007 but was delayed following public pressure, Bill C-61 introduced in June 2008, and Bill C-32/C-11, which was introduced in June 2010 (and later reintroduced in September 2011). The contents of December 2007 bill was never released, but documents obtained under the Access to Information Act provide a good sense of what it contained (a call was even scheduled on the planned day of introduction between Prentice and U.S. Ambassador David Wilkins to assure the U.S. that digital locks were the key issue and would not be altered). This chart highlights many of the key issues and their progression over the years as the public became increasingly vocal on copyright:

Issue Pre-Bill
C-61 (2007) 		Bill C-61
(2008) 		Bill C-11
(2012)
Fair Dealing Expansion No No Yes (education, parody, satire)
Format Shifting No Limited (only photographs, book,
newspaper, periodical, or videocassette) 		Yes (technology neutral, no
limit on number of copies, includes network storage, and no reference
to contractual overrides)
Time Shifting No Limited (no network PVRs,
Internet communications) 		Yes (C-61 limitations removed)
Backup Copies No No Yes
User Generated Content Exception No No Yes
Statutory Damages Cap No Limited ($500 cap for
downloading) 		Yes (Max of $5000 for all
non-commercial infringement)
Enabler enforcement provision No No Yes
Internet Publicly Available
Materials Exception for Education 		Yes Yes Yes
Public Performance in Schools No No Yes
Technology Neutral Display
Exception in Schools 		No No Yes
Limited Distance Learning
Exception 		Yes Yes Yes
Limited Digital Inter-Library
Loans 		Yes Yes Yes
Notice-and-Notice Yes Yes Yes
Notice-and-Takedown No No No
Three Strikes//Website Blocking No No No
Internet Location Tool Provider
Safe Harbour 		Yes Yes Yes
Broadcaster Ephemeral Change No No Yes
Expanded Private Copying Levy No No No
Commissioned Photograph Change Yes Yes Yes
Alternate Format Reproduction No No Yes

[. . .]

Public engagement on copyright continuously grew in strength – from the Bulte battle in 2006 to the Facebook activism in 2007 to the immediate response to the 2008 bill to the 2009 copyright consultation to the 2010 response to Bill C-32. While many dismissed the role of digital activism on copyright, the reality is that it had a huge impact on the shape of Canadian copyright. The public voice influenced not only the contents of the bill, but the debate as well with digital locks the dominant topic of House of Commons debate and media coverage until the very end. Bill C-11 remains a “flawed but fixable” bill that the government refused to fix, but that it is a significantly better bill than seemed possible a few years ago owes much to the hundreds of thousands of Canadians that spoke out on copyright.

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