House of Commons Debates VOLUME 147 Ï NUMBER 112 Ï 2nd SESSION Ï 41st PARLIAMENT OFFICIAL REPORT (HANSARD) Friday, September 19, 2014 Speaker: The Honourable Andrew Scheer CONTENTS (Table of Contents appears at back of this issue.) 7583 HOUSE OF COMMONS Friday, September 19, 2014 The House met at 10 a.m. fairly profound impact in terms of sales and the franchise would argue that, ultimately, it lost a great deal of revenue because of it. Prayers I use that as just an example of why it is that, as a Parliament, we need to provide protections for the copyrights of entrepreneurs and others. That is, in essence, what Bill C-8 is really all about. GOVERNMENT ORDERS It would create new civil causes of action with respect to Ï (1005) sustaining commercial activities in infringing copies and counterfeit [English] trademarked goods. It would also create new criminal offences for trademark counterfeiting that are similar to existing offences in the COMBATING COUNTERFEIT PRODUCTS ACT Copyright Act. It would create new criminal offences prohibiting the The House resumed from June 19 consideration of the motion possession or exporting of infringing copies or counterfeit that Bill C-8, An Act to amend the Copyright Act and the Trade- trademarked goods, packaging or labels. marks Act and to make consequential amendments to other Acts, be read the third time and passed. It would also enact new border enforcement measures enabling Mr. Kevin Lamoureux (Winnipeg North, Lib.): Mr. Speaker, it customs officers to detain goods that they suspect infringe copyright is with pleasure that I rise to speak to Bill C-8 this morning. I will or trademark rights, and allowing them to share information relating start off with an example that I think people would be able to relate to the detained goods with rights owners who have filed a request for to on why it is important that we bring forward legislation of this assistance, in order to give the rights owners a reasonable nature. opportunity to pursue a remedy in court. It would exempt the importation and exportation of copies and goods by an individual for As everyone knows, Winnipeg had the opportunity to have the his or her personal use from the application of the border measures. Winnipeg Jets NHL franchise. That was just a couple of years ago now. At the time, there was a great deal of hype built around the Winnipeg Jets, what the new logo was going to look like, and so It would also add the offence set out in the Copyright Act and the forth. It was kept secret until a certain release date when the new Trade-marks Act to the list of offences set out in the Criminal Code logo was announced. for the investigation of which police may seek judicial authorization to use a wiretap. When that business plan was developed, part of the business plan included the sale of merchandise, wanting to capitalize, no doubt, on the fresh, newly minted Winnipeg Jets. The NHL franchise came up The enactment also amends the Trade-marks Act to, among other with a very unique and, I suggest, wonderful logo. Within months of things, expand the scope of what can be registered as a trademark, the release of that logo, NHL material was authorized, copyrighted, allowing the Registrar of Trademarks to correct errors that appear in and so forth, and was up for sale. Many would argue the price was a the trademark register, and streamline and modernize the trademark little steep for these NHL freshly minted Winnipeg Jet jerseys, at application and opposition process. well over $100 each, but it was the authentic jersey, the real thing, if I can put it that way. My colleague, the member for Toronto Centre, the Liberal Party Within weeks of the release of the logo, jerseys started appearing critic, has done a wonderful job ensuring that the Liberal Party was that were not authorized. They were infringements on the copyright. well represented at the committee stage, getting and providing What ended up happening was that it caused quite a bit of a positive feedback. On occasion, she did propose amendments. commotion, and I can appreciate why. The NHL and the Winnipeg Unfortunately, the government did not see the merits of the Jets franchise were quite concerned about how this counterfeit amendments, which were ultimately defeated. It is somewhat sad product was being produced in such a quick fashion and being sold to see, given the importance of the legislation, that the government to the thousands of Manitobans and many others who were quite did not allow amendments to pass, whether Liberal or New fascinated and wanted to purchase some of this merchandise. It had a Democratic. 7584 COMMONS DEBATES September 19, 2014 Government Orders Yesterday, I was talking about the importance of the committee our Canada border control, we need to put that into perspective in stage and how we can improve legislation by bringing forward terms of what the government has done in recent budgets in terms of amendments. One of the things we have noticed with the majority cutbacks to border control and customs offices. Conservative government is that its attitude toward amendments in committee is not positive at all. The government seems to be of the On the one hand, we recognize there is a problem with copyright opinion that unless an amendment originates from a Conservative and trademark infringements. A major aspect of that problem comes member of Parliament, or more particularly, from the ministry or the from international borders where product comes in or is leaving, Prime Minister's office, that amendment should not pass. That seems which is growing every day. On the other hand, we have a to be a general rule that applies to all pieces of legislation, which is government that is reducing the resources that are being allocated at most unfortunate given the importance of trying to pass good, solid our borders. legislation. The idea and principle behind legislation going to the committee I have a difficult time with that. There is a larger problem and it stage is one of allowing members to participate and be engaged in continues to grow. The government responds by saying it has the process. If members feel they have something to contribute they legislation, Bill C-8, which is its attempt to deal with the problem. can bring forward amendments, either on their behalf or behalf of Conservatives present it and try to appease the different stakeholders their political party, as the Liberal Party critic attempted to do. by saying they brought in the legislation to deal with this issue, but on the other hand, they did not provide the proper resources for our There are a number of things that are worthy of noting. In terms of customs officers and border control people to provide the types of the actual cost, the RCMP has increased, virtually fivefold since assurances through checks, and so forth, that show we are serious 2005 to 2012, the number of seizures that have taken place. As about dealing with it, that we are compensating product and ensuring members can appreciate, we are talking about millions of dollars' there is a consequence to those who are trying to illegally bring in worth of product. This really emphasizes the degree to which the material for resale purposes. RCMP, if they are engaged on the file, are finding that much more counterfeit product being recognized. Yes, it is great to see that we have legislation before us today and We know there is a great deal of counterfeit product coming in it is a step in the right direction, but we should not try to give false through the Internet. There are many different ways in which one impressions because the legislation is only one aspect of this. The could sell product over the Internet. At the end of the day, we suspect other aspect is to ensure that we provide additional resources to our there is a great deal of counterfeit product being sold through the law enforcement agencies. This is where the government has really Internet. We challenge the government to be more proactive in fallen short. regard to that particular issue. As an example, I made reference to the Winnipeg Jets. Once could also talk about other consumer products. As I indicated, the Liberal Party has some concerns with regard to the legislation. We recognize the need to provide new enforcement The other day someone brought this issue to my attention with tools to help strengthen Canada's existing enforcement regime for regard to purses. If one were to go into some of the more upscale counterfeit goods. We believe that the Canadian business and commercial facilities, purses sell in the neighbourhood of $400 to industry associations must be protected to ensure the well-being of $600. They can be very expensive. Copies provided by someone those domestic businesses and the health and safety of Canadians, as who is prepared to infringe on copyright and provide a duplicate that well as the integrity of the Canadian economy as a whole. When we is incredibly close to the original are sold for a fraction of the cost. make reference to the issue of health and safety, this is something There might be a retail value on a certain type of purse at the upper that quite often gets overlooked. end, somewhere around $450 to $500, but through unethical organizations or business individuals, they can produce that purse Ï (1015) at a substantially lower cost and then undersell the retailer.