International Journal of Communications Law & Policy

CANADA AND CULTURE: CAN CURRENT CULTURAL POLICIES BE SUSTAINED IN THE GLOBAL TRADE REGIME?

By Glenn A. Gottselig

Download the Paper in PDF Format: IJCLP Web-Doc 3-5-2000

Abstract

This article examines certain examples that are representative of the Canadian federal government's current framework supporting the Canadian cultural industries with a view to determining whether these policies can be maintained within the global trading regime. These policies are examined in light of the relevant provisions of the GATT, the GATS and the NAFTA, as well as the defunct Multilateral Agreement on Investment. Three cases are investigated including: the provisions of the 1999 agreement between Canada and the United States resolving the magazine dispute, which had stemmed from Time Canada's initiatives to launch a "split-run" edition of Sports Illustrated -- the magazine was printed in Canada, but contained primarily U.S. editorial copy transmitted electronically from the U.S.; the Canadian Broadcasting Corporation (CBC) proposals to the Canadian Radio-television Telecommunications Commission (CRTC), the Canadian broadcasting regulator, concerning the future of the CBC's programming as well as its organizational structure; and the recommendations released in 1999 regarding the Canadian film industry put forward by the Canadian Heritage Department's Feature Film Advisory Committee.

The investigation of these cases reveals that current Canadian cultural policies may be coming perilously close to violating Canada's commitments respecting trade under the international agreements. Yet the investigation also reveals that there are opportunities for these industries to embrace alternative, innovative policy approaches that would allow the promotion of Canadian culture even within the limits of existing trade agreements. Prior to the analysis of the above cases, current policies and programs within the periodical publishing, film and video and public television broadcasting industries are examined so as to provide a context for the analysis of each of the above cases.