Fox Creek, AB - December 5
The Combating Counterfeit Products Act (C-56) first introduced last March was re-introduced as Bill C-8 on October 28th. It is now at the committee stage having completed second reading when it was still C-56. The bill would implement the controversial features of ACTA which has failed to be ratified in Europe due to mass protests against it. However, reaction in Canada has been largely muted perhaps due to it receiving very little media coverage. This lack of media coverage may well be due to a narrow focus on the continuing Senate Scandal.
ACTA was originally designed as a treaty to fight the counterfeiting of medicines and safety equipment. But the provisions that would allow random searches of computers and cellphones at the border caused outrage in Europe. Content creators and border patrollers could become the arbitrators of what is and is not infringement, assuming the role best reserved for the courts. The Supreme Court of Canada has ruled against arbitrary searches of computer and cellphone content in the case R. v Vu. Normal search warrants of a house were ruled insufficient and a separate warrant is required. The court recognized possible abuses and ruled that these personal devices are “portals to an almost infinite amount of information.” Counterfeiting and infringement are related but very different issues and should not be treated the same.
“Conflating these two issues is troublesome. What’s next? Border guards confiscating my laptop if I decide to visit the US? They have taken the potentially harmful, but relatively small, issue of counterfeit merchandise and lumped it together with the widespread, but mostly harmless, issue of copyright infringement. Once again this government is trying to do too much in a single bill”, says James Wilson, Leader of the Pirate Party of Canada. The Pirate Party opposes tying Canadian Law to a treaty roundly rejected by most modern industrialized nations and calls on the government to reconsider. We also call on the Liberal Party to reconsider their stance which goes further than the Conservatives by proposing statutory damages with a mandatory minimum of $1,000 and a maximum of $100,000 in liability. Luckily the Liberal amendment proposing this was defeated in committee but it is disappointing to have seen it proposed at all.
The Pirate Party of Canada is a federal political party focused on thoughtful information policy reform, genuine democracy, civil liberties, and the freedom of the Internet. You can find out more online at www.pirateparty.ca .