QUESTION PERIOD — Canadian Heritage
Potential Amendments to the Broadcasting Act
May 4, 2021
Honourable senators, my question is for the Government Representative and concerns what many are calling an assault on free speech. Minister of Heritage Steven Guilbeault has warned that the government could impose censorship on the content of personal tweets, YouTube or Facebook posts, TikTok videos, et cetera. If a government-appointed referee can decide the language used or the opinions offered up by ordinary citizens offends what the minister calls “social cohesion” or if the language is considered what the minister calls “political taunts” critical of the government or its policies, if that is possible, then this undermines the very foundation of democracy. It is an infringement on free speech. Do you agree with the intent of these proposed laws?
Thank you for your question. The issue of if and how one regulates the changing landscape of social media information and its impact on the democratic process is a complicated one. All members of the Senate will acknowledge that, regardless of their point of view on this issue.
The issue is being studied in the other place. In the last few days, there have been amendments and proposals to ensure that the legislation, when it emerges from the committee process, will strike the appropriate balance between the competing interests and will comply with the Charter. To that end, as honourable senators will know, an additional Charter Statement to take into account a clause that was removed is being undertaken, as well as assurances given by this government — which I think are important — to the effect that the private uploading of citizens’ content will not be subject to regulatory oversight in the way in which some have feared.
Senator Gold, I think the fear is that any of these proposed infringements on free speech, whether it is Bill C-10 or other legislation that the minister muses about, could come to us hidden in an omnibus budget bill or another spending bill where it cannot be directly debated or voted on in our chamber. Your role is a two-way street. You promote the government’s agenda here, of course, but you must always take our concerns to the government. Debate has been shut down in the other place, and so it is more important that it carries on here.
Can we please have clarity on the government’s intention regarding laws that would profoundly and negatively affect every single Canadian, restricting our ability as citizens to debate or speak freely, including the ability to question or criticize the government?
Thank you, senator. You have my assurances that I regularly communicate the Senate’s preoccupations to the government. I consider that to be a critical part of my role; as critical if not more critical, quite frankly, than other aspects.
I also want to assure this chamber that what is being discussed in the other place, and discussed properly and intelligently by dedicated members of all parties, is simply finding the right balance between the necessary regulation of these new platforms for the dissemination of information and the important Charter values of free speech, debate and critical thought that are the hallmark of our democracy. Nothing that is being discussed in committee and with regard to that bill is being buried in a budget document. We have a responsibility to the Senate to protect Charter values. The motion that we passed today authorizing committees to examine the budget implementation bill included a role for the Legal and Constitutional Affairs Committee. I have every confidence in the members in this place and in the other to keep those Charter values front and centre.
