[d at DCC] Asking Candidates questions, publishing their answers!
kraken.rider at gmail.com
Mon Sep 8 17:34:10 EDT 2008
On 8-Sep-08, at 10:30 AM, Russell McOrmond wrote:
> We all have a few possibilities.
> e) Something different? All of the above?
Of the four lists you mentioned, CIPPIC's and Geist's are more broadly
directed at "digital" or Internet issues generally. They mention
copyright, but not in any particular detail. CIPPIC's list is
(unsurprisingly) more technical. It also seems to be designed to
allow "yes/no" answers, but not consistently so. Geist's questions
are more open-ended (except to the extent that they are leading).
Of the two more Copyright-specific questionnaires, your questions are
more interesting (to me) but probably a lot more esoteric-seeming for
candidates who may not be even remotely familiar with the issues.
That probably makes it somewhat intimidating.
Vancouver's questionnaire, on the other hand (noting of course that
it's a work-in-progress) is perhaps too strongly organized around
particulars of C-61. From my own experience in talking with MPs and
candidates, discussion of principle is more likely to be productive
than discussion of legal details. I think this will only be more
evident during the election campaign.
So, I would tend to favour a shorter, simpler questionnaire -- five
questions is a good number. Mine might be:
1) Do you agree with the Supreme Court of Canada that "[i]n order to
maintain the proper balance between the rights of a copyright owner
and users’ interests, [fair dealing, among the other exceptions in the
Act] must not be interpreted restrictively." [CCH Canadian Ltd. v. Law
Society of Upper Canada,  1 S.C.R. 339, 2004 SCC 13]?
2) Do you believe that Canada should implement and ratify the WIPO
Internet treaties (the WIPO Copyright Treaty and the WIPO Performances
and Phonograms Treaty)?
3) If the answer to 2) is "yes", do you agree that the Article 11 WCT
obligation (and similar obligation under Article 18 of the WPPT) can,
and should, be satisfied without imposing a blanket prohibition on
tools and/or technologies that may have both infringing and non-
4) Do you believe that the current private copying regime for audio
recordings defined by Part VIII of the Copyright Act, including the
associated levy and collective society is basically fair to both
rights-holders and users of recordings?
5) Do you believe that a creator's right to control their creation
includes the right to control or limit a consumer's private enjoyment
As a set of questions, these aren't ideal: they're probably a little
too technical, and could certainly be called "leading". And they
certainly don't cover all the issues. But I think it gets at, or at
least indicates, some of the important dividing lines.
In fact, having written that up, I think I'll just go ahead and send
these off to the candidates here in Ottawa Centre, at least.
Naturally, I'll report on any responses I may receive.
More information about the Discuss