Canadian Heritage Memorandum, December 8, 2020, ATIP A-2020-00498

Bill C-10

NDP Calls It: Bill C-56 is “ACTA Through the Backdoor”

The government is characterizing its Bill C-56 as an anti-counterfeiting bill, yet this week NDP MP Charmaine Borg framed it more accurately as “ACTA through the backdoor.” During Question Period on Monday, Borg asked Industry Minister Christian Paradis directly if the bill paves the way for ratification of the discredited treaty:

Mr. Speaker, last July the European Parliament rejected the anti-counterfeiting trade agreement over serious concerns about the regressive changes it would impose on intellectual property in the digital age. Yet on Friday, the Conservatives introduced a bill in the House that would pave the way for the ACTA without question. Canadians have concerns about goods being seized or destroyed without any oversight by the courts. Will the minister now be clear with Canadians? Are the Conservatives planning to ratify ACTA, yes or no?

Paradis refused to respond to the ACTA ratification question:

March 6, 2013 — 21 comments — News

U.S. Seeks to Revive ACTA Without European Support

The Canadian introduction of Anti-Counterfeiting Trade Agreement compliance legislation on Friday appears to have come in direct response to a new U.S.-led effort to revive the discredited treaty. When the European Parliament overwhelmingly voted to reject ACTA last July, many declared it dead. But is not dead yet: it is […]

March 4, 2013 — 7 comments — News

Here Comes ACTA: Canadian Government Introduces Anti-Counterfeiting Trade Agreement Compliance Bill

The Canadian government today introduced a bill aimed at ensuring the Canada complies with the widely discredited Anti-Counterfeiting Trade Agreement. Despite the European Union’s total rejection of ACTA along with assurances that ACTA provisions would not resurface in the Canada – EU Trade Agreement, the new bill is designed to ensure that Canada is positioned to ratify ACTA by addressing border measures provisions. The core elements of the bill include the increased criminalization of copyright and trademark law as well as the introduction of new powers for Canadian border guards to detain shipments and work actively with rights holders to seize and destroy goods without court oversight or involvement.

While the bill could have been worse – it includes an exception for individual travelers (so no iPod searching border guards), it does not include patents, and excludes in-transit shipments – the bill disturbingly suggests that Canada is gearing up to ratify ACTA since this bill addresses many of the remaining non-ACTA compliant aspects of Canadian law. Moreover, it becomes the latest example of caving to U.S. pressure on intellectual property, as the U.S. has pushed for these reforms for years, as evidenced by a 2007 Wikileaks cable in which the RCMP’s National Coordinator for Intellectual Property Crime leaked information on a bill to empower Canadian border guards (the ACTA negotiations were formally announced several months earlier). [Update: On the same day the Canadian government introduced Bill C-56, the U.S. Government issued its Trade Policy Agenda and Annual Report, which calls on Canada to “meet its Anti-Counterfeit Trade Agreement (ACTA) obligations by providing its customs officials with ex officio authority to stop the transit of counterfeit and pirated products through its territory”]

A full examination of Bill C-56 is forthcoming, but its introduction raises four immediate issues: that Canada is moving toward ACTA ratification, that it is pursuing policy based on debunked data on counterfeiting, that the bill could have serious harmful effects with border guards forced to serve as copyright experts without court oversight, and the increased criminalization of copyright and trademark law.

March 1, 2013 — 48 comments — News

Dutch Government Says No CETA With ACTA Provisions

The Dutch government has confirmed that it will not sign a Canada – EU Trade Agreement that includes provisions found in the Anti-Counterfeiting Trade Agreement.

September 19, 2012 — 2 comments — News

Australian Parliamentary Committee Warns Against ACTA Ratification (For Now)

Australia should be added to the growing list of countries that are either rejecting the Anti-Counterfeiting Trade Agreement or expressing serious doubts about it. The Australian Joint Standing Committee on Treaties, which conducted an extensive review of ACTA, has just released its report and it is cautioning against ratification for now, noting that “there appears a very real possibility that ACTA will not be ratified by sufficient countries in order to come into existence.” The committee found many shortcomings with the treaty. For example, on secrecy and the lack of transparency:

The most troubling aspect throughout the development of ACTA has been the opaque nature of the process. Whilst DFAT has stated that a certain level of confidentiality is required for trade negotiations, and while there is ground to enable a certain degree of secrecy where complex issues warrant negotiations in confidence, there is no valid rationale for the level of secrecy that DFAT has maintained for what is essentially a copyright treaty.

June 26, 2012 — 3 comments — News