C-10, censorship, Liberal outrage and double standards

Jane Taber in the Globe and Mail today:

The Liberals acknowledged yesterday that they tried when they were in office to eliminate tax credits for offensive movies, but only to prevent a film about schoolgirl killers Paul Bernardo and Karla Homolka.

Critics say that a similar move by the federal Conservative government is an attempt to censor the Canadian film and TV industry.

I tell ya, it’s never been easier to point out a double standard! While Taber does great work reporting on the Liberals coming forward first to suggest that they’ve done something similar, what she fails to mention is that the controversial section of the legislation limiting grants for subjectively offensive films is virtually word for word the same as the Liberal legislation!

In 2003, Sheila Copps, the Liberal Minister of Heritage introduced the following:

(3) The definition “Canadian film or video production certificate” in subsection 125.4(1) of the Act is replaced by the following:

“Canadian film or video production certificate” means a certificate issued in respect of a production by the Minister of Canadian Heritage certifying that the production is a Canadian film or video production in respect of which that Minister is satisfied that

(a) except where the production is a prescribed treaty co-production (as defined by regulation), an acceptable share of revenues from the exploitation of the production in non-Canadian markets is, under the terms of any agreement, retained by

(i) a qualified corporation that owns or owned an interest in the production,

(ii) a prescribed taxable Canadian corporation related to the qualified corporation, or

(iii) any combination of corporations described in (i) or (ii), and

(b) public financial support of the production would not be contrary to public policy.

Guidelines

(7) The Minister of Canadian Heritage shall issue guidelines respecting the circumstances under which the conditions in paragraphs (a) and (b) of the definition of “Canadian film or video production certificate” in subsection (1) are satisfied. For greater certainty, these guidelines are not statutory instruments as defined in the Statutory Instruments Act.

and here’s the analogous parts of C-10, the Conservative legislation:

(3) The definition “Canadian film or video production certificate” in subsection 125.4(1) of the Act is replaced by the following:

“Canadian film or video production certificate” means a certificate issued in respect of a production by the Minister of Canadian Heritage certifying that the production is a Canadian film or video production in respect of which that Minister is satisfied that

(a) except where the production is a treaty co-production (as defined by regulation), an acceptable share of revenues from the exploitation of the production in non-Canadian markets is, under the terms of any agreement, retained by

(i) a qualified corporation that owns or owned an interest in, or for civil law a right in, the production,

(ii) a prescribed taxable Canadian corporation related to the qualified corporation, or

(iii) any combination of corporations described in subparagraph (i) or (ii); and

(b) public financial support of the production would not be contrary to public policy.

(7) The Minister of Canadian Heritage shall issue guidelines respecting the circumstances under which the conditions in paragraphs (a) and (b) of the definition of “Canadian film or video production certificate” in subsection (1) are satisfied. For greater certainty, these guidelines are not statutory instruments as defined in the Statutory Instruments Act.

In February 2004 (under Liberal PM Paul Martin’s government), the following guidelines describing “ineligible genres of production” (those that do not qualify for a tax credit under the program:

a) news, current events or public affairs programming, or a programme that includes weather or market reports;
b) talk show;
c) production in respect of a game, questionnaire or contest (other than a production directed primarily at minors);
d) sports event or activity;
e) gala presentation or an awards show;
f) production that solicits funds;
g) reality television;
h) pornography;
i) advertising;
j) production produced primarily for industrial, corporate or institutional purposes;
k) production, other than a documentary, all or substantially all of which consists of stock footage; or
l) production for which public financial support would, in the opinion of the Minister of Canadian Heritage, be contrary to public policy.

Double standard? Yes, I think so.

New Cabinet

The cabinet has been shuffled.

Solberg is at Rideau Hall to accompany his good friend Chuck Strahl. Monte will not be getting a new portfolio. He will remain in HRSDC.

Monte’s pal Strahl goes to Indian Affairs. A good upgrade especially as a BC minister.

MacKay goes to defense and keeps ACOA. The higher visibility should help the Tories regain some ground in Atlantic Canada.

O’Connor to revenue. As the most obvious prediction of a portfolio change, some thought O’Connor would go to Veterens Affairs. The former defense minister now goes to a largely administrative portfolio.

Oda to international cooperation. Oda replaces Josee Verner in this portfolio. Some say she was a poor communicator in Heritage, lacking the ability to speak French, she now takes over the CIDA portfolio.

Jim Prentice goes to Industry taking over for Maxime Bernier. Prentice is said to be the hardest working minister in Harper’s cabinet and will bring his work ethic to this new portfolio.

Maxime Bernier is tapped for foreign affairs. Such a move will have both the effect of raising Bernier’s portfolio and gives Quebec a minister in a more elite department. Further, as Quebec’s Van Doos soldiers are in Afghanistan, having a good communicator in this portfolio from the province.

Josee Verner to Canadian Heritage/Women/Languages. An Oda/Vernier swap. Vernier gets promoted and Oda demoted. Verner will be well positioned to celebrate Quebec City’s 400th anniversary.

Gerry Ritz to Agriculture/Wheat Board. A promotion for the Saskatchewan MP was pretty much assured when fellow Saskatchewan MP Skelton announced her retirement. Skelton being that province’s sole representation in cabinet, her resignation created an opening for a Saskatchewan MP. I’ve heard that Ritz will press forward on market choice and fight against the Wheat Board.

And, Diane Ablonczy finally gets her due as Secretary of State for Small Business and Tourism…

…which puts a wee blotch on my cabinet prediction! I predicted that no backbencher would be promoted to cabinet. Perhaps this was an 11th hour decision?

But, as I predicted, nobody lost their job and it was a significant shuffle. Cabinet did not grow in size. Also, as predicted, Day and Baird stay in their portfolios.

Further, Bernier was shuffled, but not to defense nor finance as some predicted.

So, is this Canada’s New New Government? What are your thoughts? Does this put a new face on the Conservative government? Cheers, Jeers? Did Harper make a good shuffle today? The Globe reported that Harper would be decreasing the size of cabinet in order to prepare for an election. However, the usual knowledge is that cabinet in fact grows prior to an election to promote seats and as many faces as possible.

The Prime Minister is likely to prorogue Parliament and go ahead with a throne speech this fall. This shuffle is also timed to give ministers enough time to process their MCs and move forward before the fall. The PM will also draw thoughts from his new ministers for the expected throne speech.