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From the desk of Alain Pineau

Thursday, August 03, 2006

Well, here it is at last! As announced at our March 2006 Conferences held in Ottawa, the Canadian Conference of the Arts (CCA) is launching the first issue of it new electronic magazine, CCA @gora!

CCA @gora is the latest communications tool the CCA plans to use in the pursuit of our mission as a national leader in creating informed debate about arts and cultural policy issues in Canada. It is not intended to replace our frequent bulletins to members, but will make more detailed information on issues available for your consultation and consideration. Our aim is to increase the number of editions of CCA @gora over the coming two years to about 8 per year, though for the moment it will remain a quarterly publication like its predecessor, Blizzart. However, it will only be made available online and we plan to use the medium of the Internet to its fullest in order to create interactive spaces for knowledge dissemination and for discussion in the area of cultural policy.

As announced previously, this first issue of CCA @gora is dedicated primarily to the Chalmers and National Policy conferences held in Ottawa at the beginning of March 2006. This first issue also provides a summary of our recent publication of the 2006 federal budget analysis. But the pièce de résistance of this first issue is the formal release of the Canadian Conference of the Arts' Policy and Advocacy Priorities Agenda for the coming 18 to 24 months, coming out of the deliberations by delegates at the March conference delegates meetings of our Board of Governors in March and in June. These priorities will obviously have to be managed according to political and other developments, but one thing is for sure, just considering what is in store at the return of Parliament we have our work cut out for the foreseeable future: a pre-budget consultation; the Parliamentary Committee and Ministerial reviews of DCH portfolio agencies; the CRTC's impending review of television policy and its study on the impact of new technologies on broadcasting; the Senate's review of the Federal Accountability Act; the likelihood of fall legislation regarding copyright and, potentially, foreign ownership restrictions; as well as the ongoing possibility of an upcoming federal election!

Have a safe and enjoyable end of summer!

Alain Pineau
National Director

The CCA's Policy and Advocacy Priorities

Wednesday, August 02, 2006

Further to the March 2006 National Policy and Chalmers Conferences, the Board of Governors of the Canadian Conference of the Arts (CCA) has established the following set of short, mid and long-term Policy and Advocacy Priorities as guidelines to the actions of the CCA Secretariat. As explained hereafter, while short term priorities require the immediate attention and resources of the CCA and may well in fact develop into mid to long term ones, it is obvious that mid and long-term priorities require some form of action and attention immediately if they are ever to be attained. It is also understood that CCA's priorities will have to be adjusted from time to time depending on policy developments in the various files which are beyond its control.

Short Term Policy and Advocacy Priorities (6-8 months)

These priorities are to be engaged immediately and command the most energy, within the realities of a political agenda the CCA does not control. They will be pursued until achieved or formally abandoned by the CCA, in consultation with its members.

  1. Increased and stable funding: Increased and stable federal funding for the arts and cultural sector is the highest priority for the CCA. This includes an adequate and stable increase to the budget of the Canada Council for the Arts, funding for international activity by artists and arts organizations and support for the various Canadian Heritage Portfolio agencies and programs; notably, but not limited to, the CBC and Telefilm.

    The CCA also supports the efforts of the Canadian Museums Association (CMA) for the implementation and increased funding of a new national museums policy. The CCA will support the CMA in its role as the primary advocate for this objective.

  2. Equity, artists and the arts: Equity, fair treatment for artists is the meaning of "Status", a long standing priority for CCA. On the top of the list is CCA's focus on taxation issues, which include: the exemption of copyright income, income averaging, and tax exemption of grants. Other equity issues that require priority attention in the medium and long-term include bankruptcy protection, benefits, health and safety, independent contractor status, fair procurement policies and collective rights. CCA's commitment is to support and encourage provincial status legislation and programs, and to this end a mid-term priority is to develop research and action tools to promote further provincial development. Recently added to the advocacy list is the issue of expanding the tax credit for the participation of under-16 year old children in all forms of artistic training, to parallel the tax credit for sports.

  3. Canadian content and Canadian ownership regulation: Maintaining the integrity of Canadian regulatory policies in the cultural industries is an issue that will come to the fore in this time period. Negotiations at the World Trade Organization (WTO) dealing with the General Agreement on Trade in Services (GATS) are expected to seriously challenge Canadian ownership and content restrictions and support in the audio-visual sector.

    Coupled with domestic reviews of our telecommunications and broadcast industries, as well as the possible review of the mandates of the national public broadcaster and of the Commission on Canadian Radio-television and Telecommunications Commission (CRTC), the integrity of our current regulatory policies will be under the microscope. Similar regulatory regimes, such as in book publishing and sound recording may be vulnerable as well.

  4. Cultural diversity: This has two important facets: the promotion of cultural diversity globally and the assessment of the impact of international trade agreements on global and national diversity; and the recognition and engagement of culturally diverse communities across Canada in the life of arts and culture sector and within the CCA.

    The first aspect of cultural diversity, namely the ratification of the 2005 UNESCO Convention on Cultural Diversity and the impact of trade treaties, is an immediate concern for the CCA. The CCA will urge the Canadian government to keep the leadership role it has played over the past decade in putting the issue of cultural diversity on the international agenda. The CCA will, amongst other things, support the work of the Coalition on Cultural Diversity and of the International Network on Cultural Diversity, as well as engage the UNESCO process where appropriate.

    The CCA will also constantly inform its members and stakeholders on the impact of international agreements on Canadian culture and on global cultural diversity.

    Domestically, the CCA will pursue initiatives aimed at including Canada's diverse communities to participate as catalysts in debates regarding cultural policies and programs (see Long Term Priorities below).

  5. Election Readiness: the 39th Parliament of Canada is once again on the minority government high wire. The CCA must prepare for the possibility of a federal election at any time in the coming months. The issues of importance to the arts and cultural sector must draw the attention of the political parties engaged in a federal election in a comprehensive and constructive manner. A strategy and instruments must be developed in the coming months to help our membership contribute to putting arts and culture on the political agenda.
Medium Term Policy and Advocacy Priorities (8-18 months)

These priorities are also to be engaged immediately, but with a longer view perspective and once again, subject to the realities of a political agenda the CCA does not control. They will be pursued until achieved or formally abandoned by the CCA, in consultation with its members.

  1. Arts, culture and International policy: Canada's international policy will likely be addressed during the life of the 39th Parliament. Proposed changes brought forward by the previous government scrapped the "Third Pillar" of Canadian foreign policy (the promotion of Canadian culture and values) with a diluted approach to public diplomacy. The CCA will engage the Department of Foreign Affairs and the Standing Committee on Foreign Affairs in discussions to ensure that the Third Pillar undertaking returns to a Canadian foreign policy position.

  2. Forecast legislative changes: Parliamentary and legislative business as well as will also arise during this medium term. Revisions to the Copyright Act, further changes to the Criminal Code addressing the criminalization of creative expression, the new Federal Accountability Act and other developments will remain priorities for the CCA where the interests of the arts and cultural sector are potentially affected.

  3. Recasting the arts and culture advocacy arguments and strategy: Reframing the arts and culture sector is a high priority but one that will require the investment of time, energy and intellectual rigor. The recent CCA National Policy Conference sent the message of the importance of doing so loudly and clearly.

    Elements of this thrust include the development of the concept of "Cultural Citizenship", reframing outstanding elements from the status of the artist discussion, and underscoring the role of the arts and culture sector in the panorama of Canadian civic life.

    The CCA is determined to widen its network of contacts within civil society to both strengthen the understanding of the arts and culture sector but also to provide support to those organizations that work for the benefit of Canadian society. While the CCA is already engaged in several such networks, a thoughtful and strategic approach to widening such involvement will be a long-term continuous priority.

  4. Developing a coherent cultural policy framework: the CCA also heard the call from its membership for the development of a comprehensive and coherent cultural policy framework. This would replace the abandoned notion of developing an overarching federal cultural policy. Logically, such an initiative can flow from the work of medium term priority 3 and will involve exploring the idea of a Canadian Charter of Cultural Principles, which could be the touchstone of any policy or regulatory decision affecting Canadian artists and cultural organizations and agencies.
Long Term Policy and Advocacy Priorities (18 months and beyond)

Work on these priorities is to be engaged immediately, but with an even longer view perspective.
  1. Youth engagement: Succession planning for the arts and culture sector is a high priority given the imminent retirement of the baby-boomers and many of the founders of arts and cultural organizations and enterprises. The CCA will work with the Cultural Human Resource Council (CHRC) to address this issue. Internally, the CCA will develop ways of creating a youth steering committee to bring recommendations forward to the Board as how best to involve young Canadians as leaders directly in the work of the arts and culture sector. Last, the CCA will continue its efforts in the area of arts and education and learning, through a committee of the Board and through strategic discussions with national partners and stakeholders.

  2. Promote cultural diversity at home: The CCA will develop a strategy to extend its membership amongst aboriginal and culturally diverse groups across the country to better reflect and foster Canadian cultural diversity. It will also seek partners to promote the engagement of those communities of Canada as active contributors to the organizational and public policy discourse. Given the changing demographics in Canadian society, the engagement of youth diverse communities is a priority for the long-term health and representative mission of the CCA as a democratic and just organization.

  3. Develop a national training program on government relations: As part of the Human Resources Development Program to be developed, the CCA will develop a training program of professional development seminars for ASOs, with on-staff expert advisors and skills development seminars on site across Canada on Government and Parliamentary relations and federal cultural policy.

  4. Promote the adoption of the developed cultural policy framework:The CCA will develop a plan to leverage its status as a "network of networks" to promote the adoption by Parliamentarians of a Canadian Charter of Cultural Principles against which policies and regulatory decisions affecting artists and the cultural sector at large can be assessed and amended if necessary.

The March 2006 Chalmers and National Policy Conferences: Setting up the CCA's Advocacy Agenda for this Parliament and beyond!

The Canadian Conference of the Arts (CCA) has adopted a consultative structure in its ongoing mission to examine, analyze and develop cultural policy. The national policy conference is from time to time the most visible and intense manifestation of the consultations that guide the work of the CCA.

Overall, one can say that the March 2006 Chalmers and National Policy Conferences (NPC) were a success. The event was overbooked, with close to 175 registered delegates and speakers attending all or parts of the two conferences spread over three days. Several attendees commented on the palpable energy surrounding the event and Minister Bev Oda's brief Friday morning visit was confirmation of the CCA's continuoue importance to the arts and cultural sector. Many delegates enjoyed the numerous opportunities for networking and exchanging views at this particularly important political juncture.


The election of the new federal government was very much in the background and somewhat distracted from more in-depth probing of the series of serious wide-ranging issues and questions laid out in the discussion papers leading up to the conferences. While the more fundamental discussions on those issues will have to be carried over to various forums in the coming months, including within CCA @gora itself, the delegates nonetheless gave the CCA Board ample indications as to what the CCA's advocacy priorities need to be over the next year or two, in addition to providing clear direction on longer term files.

But, the issue that was the top of mind for the CCA and the majority of delegates to the conference was the issue of increased and stable public financing for the arts, particularly through a substantial increase to the budget of the Canada Council for the Arts. Other important elements of the November 23 2005 announcement were increases to the budgets of the cultural infrastructure program, additional resources to support Canadian artists and arts organizations working internationally, and an expanded program of support for national training institutions.

Just as importantly, the delegates expressed a clear desire for change in the way the arts and cultural sector presents its case in general, as well as how it deals with some specific files as well. The argument that we all have to change our language and our strategic approach to advocacy of long-standing and new policy issues alike was very well received. The CCA was asked to develop new arguments, new vocabulary, and new ways of delivering the cultural sector's message to this and to future governments by reaching out to other sectors of Canadian civil society.

Another key dimension of the funding equation is the taxation of artists and the arts. This issue has proven to be a chronic source of vexation both for officials at the Canada Revenue Agency (CRA) and for the professional arts sector. Issues such as employment status, responsible expectation of profit, and income averaging have been staples in the arts policy repertoire for decades.

Coincidentally, the CCA's National Policy Conference got off to a positive start on Friday March 3 2006 with an announcement by Susan Wallace, Executive Director of Canadian Actors' Equity Association (CAEA) and CCA Board member. The Federal Court had ruled the day before on the Royal Winnipeg Ballet (RWB) case on employment status and come down on the side of the artists and the RWB, who insisted on self-employment status for the dancers. While time did not permit a detailed study of the decision, its long-awaited outcome was met with great applause by conference delegates.

The arts and cultural sector was also concerned with the proposed international policy issued by the former government in the spring of 2005. The proposed foreign policy removed the third pillar of the previous policy, namely, the promotion of Canadian values and culture internationally. This document created concerns across the sector that the role of artists and the arts in the world arena had been, at best, overlooked.

The impact of new technologies on the cultural policy framework is an issue that was reanimated by the CRTC decision on satellite radio and the ongoing telecommunications review process. There were many in the sector who felt that the CRTC decision would lead to the erosion of Canadian content requirements by broadcasters and their commitment to investment in Canadian productions. Coupled with the calls for a unified broadcasting/telecommunication policy and for increased foreign ownership provisions, the decision reignited a debate on the impact of new distribution technologies on everything from creators' rights to the appropriate role for the CRTC in capturing new technologies as contributors to Canadian cultural policy objectives.

It was anticipated that other issues would surface during the discussions such as culture and trade issues, status of the artist legislation (both federal and provincial), demographic change in Canadian society and its impact on the arts and cultural sector, succession planning, training and mentorship programs and access to social benefits for self-employed artists.

Conference Presentations

There were only three guest speakers on the agenda of the National Policy Conference. The first keynote speaker was Paul Hoffert, former member of the band Lighthouse, past Chair of the Ontario Arts Council, the Ontario Media Development Corporation, and a well-recognized pioneer in thinking about technology and cultural policies and practices. His presentation covered a wide range of issues emanating from the ongoing march of new production and distribution technologies, including copyright, the state of Canada's cultural industries, the Internet and how it can contribute to funding of the arts and cultural enterprises, and the paradigm shift we are currently witnessing. The shift from an industrial economy to information economy has broad implications for government, the workplace, and the creative sector, which Mr. Hoffert explored in some detail.

While much of his presentation was provocative, one area which received a great deal of attention was his contention that the Internet can and, perhaps, should be regulated to some extent. One such example could be the obligation for ISPs to offer to all their subscribers a "Canada.ca" level of Internet where one would find a greater level of Canadian content material and through which access to the Internet would be gained. This triggered a sustained dialogue through the entire length of the conference. Some delegates rejected any notion of regulation, expressing concern that such a move would result in censorship and an erosion of freedom of expression by all Canadians, particularly creators and artists.

Those who support the concept of Internet regulation based their view on a number of considerations. First, regulation would enforce the economic and moral rights of creators which some consider at risk in the current internet environment. Secondly, some regulation could provide greater creation and availability of Canadian content programming and cultural products to Canadians and to the whole world, something that would be in keeping with Canada's leading international role in promoting cultural diversity.

Apart from regulation, some argue that given the technology-neutral approach of the Broadcasting Act (1991), the Internet, or more precisely Internet Service Providers (ISPs), should be a source of ongoing financing for Canadian creators and artists in much the same way broadcasters and cable operators currently contribute. This approach to regulation precludes the regulator as censor, and focuses the role of enforcement of economic and moral rights of creators and copyright owners and re-investment in the generation of Canadian content. Despite the wealth of material in Mr. Hoffert's presentation, it is this single issue that enjoyed sustained attention and debate throughout the conference.

The next keynote presentation was that of David Stewart-Patterson of the Canadian Council of Chief Executives (CCCE) who was invited to speak to the conference about their recent paper, From Bronze to Gold. The CCCE paper addresses the issue of increasing productivity in the Canadian economy and endorses the important contribution of the arts and cultural enterprises in attaining progress on this issue. The paper endorses proposals developed by the CCA to exempt copyright and intellectual property revenue from taxation in order to spur creativity. It also recommends the inclusion of cultural infrastructure in any government infrastructure program and places this on the same level of importance as improved highways and sewage systems. The CCCE presentation also led to some broader and positive outcomes from the conference, including being profiled at a meeting of Arts and Culture Partners Canada members at the National Ballet School in late May 2006.

The final presentation to the plenary was made on Saturday March 4 by Alain Gourd, former Deputy Minister of Communications and Deputy Secretary to Cabinet who has lived through three transitions of governing parties. His presentation was meticulously prepared and offered a balanced and reasonable assessment of what the sector would have to do to successfully develop an effective relationship with the new government.

Mr. Gourd, whose presentation was extremely well received by delegates, stressed that previous Conservative governments have made important contributions to Canadian cultural policy and that it would be imprudent to approach the new government with suspicion or hostility. He also noted that given the minority position of the new government, the sector would be well advised to focus on one or two key objectives, such as taxation issues, which he considered "winnable", rather than confront the new government with a long laundry list of requirements.

Key Outcomes of the Conference

One of the most original ideas that emerged from the conference plenary and workshop sessions was the concept of "cultural citizenship". The idea grew from a healthy self-assessment of what the sector has to do to develop better and broader support for the role of the arts and culture in Canadian society.

The cultural sector has developed a political language that is not easily understood by those outside the sector and many within it. This has emphasized the insularity of the arts and cultural enterprises and the taint of elitism that plagues them. How then can one be surprised that cultural issues are absent of electoral campaigns! The concept of cultural citizenship tries to abolish such barriers and to recognize every citizen as an important part of culture, either as "consumer" of cultural products, TV or live audience members, supporters, volunteers, readers, film-goers, and of course artists, creators, and arts professionals.

The delegates seized upon the concept and saw in it the opportunity to redefine the cultural policy discourse through:
  • use of clearer language to describe cultural policy objectives, for example delegates felt it was time to "re-brand" the proposals included under the "status of the artist' rubric whose objectives are certainly worth pursuing but whose "packaging" had better be revamped for fear of many more years of frustration;
  • form cross-sectoral partnerships to refine the concept, how we can work together to advance key elements of their proposals, and do the same with other organizations in the not-for-profit sector and beyond; develop and expand strategic partnerships with organizations such as the Creative City Network, the Federation of Canadian Municipalities, and the Voluntary Sector Initiative
  • include young people as contributors to the development and promotion of strategies to enlist new technologies as constructive elements of our artistic and cultural life
  • address the issue of diversity by adopting an inclusive approach to the definition of "cultural citizenship" and engage culturally diverse and aboriginal communities in driving this dialogue
The delegates clearly paid attention to the counsel of Alain Gourd in formulating the immediate next policy objectives for the sector. In recognition that a new federal budget was a matter of being several weeks away, delegates agreed that every effort should be made to ensure that the budget:
  • expand the proposed tax credit for extracurricular children's activities to include the arts in general (art, drama, music, dance lessons etc.
  • secure the commitment of the new government to the increase to the budget of the Canada Council for the Arts
  • secure the commitment of the new government for the other funding undertakings made in the November 23 2005 announcements.
While various representations were made regarding the development of a federal cultural policy framework, no clear consensus was reached as to how this would be best achieved. A variety of proposals were put forward to address this preoccupation and some others:
  • reworking section 3 of the Broadcasting Act to capture the full spectrum of concerns in the arts and cultural enterprises;
  • once a framework for the cultural citizenship concept has been developed, promote this as the cultural policy framework and ensure that it is enforceable with legislators and regulatory bodies;
  • a call for the development of a "Charter of Canadian Culture";
  • work with the Minister of Foreign Affairs to ensure that any new foreign policy rectifies the omission of the third pillar concept,
  • encourage the new government to include the arts and cultural enterprises in the forthcoming Speech from the Throne,
  • support the call for additional funding for the Canadian Broadcasting Corporation and the new museums and heritage policy,
  • finally, a motion to support the regulation of the Internet was quickly countered with a motion not to regulate the internet, the stand-off continued to the end of the conference,
A perennial policy focus emerged once again - the equitable tax treatment of artists and the arts. This issue has several dimensions:
  • Employment status for self-employed arts professionals - the arts sector is determined to seek a blanket affirmation of the self-employed artists and arts professionals. This discussion has been going on for at least thirty years. Revenue officials insist on the need to determine employment status on a case by case basis, while the arts sector is seeking a uniform interpretation which would be applied consistently across the spectrum of artistic pursuits.
  • Income averaging - Income averaging is another preoccupation of the arts sector. Arts organizations have been calling for a reinstatement of income averaging provisions for many years. The delegates of the conference insisted that the pressure continue toward the realization of this measure. Finance officials have and continue to resist this call, however, it was the will of the conference to continue this drive,
  • Reasonable Expectation of Profit - Revenue officials use the reasonable expectation of profit test to determine the eligibility of business related deductions from taxable income. The delegates felt that any unified effort on equitable tax treatment should include a recognition that artists may never attain profitability in their lifetimes and a different standard be developed to test the legitimacy of allowable deductions.
  • Tax Credit for Innovation and Creativity - As mentioned above, thanks to the work of the Canadian Council of Chief Executives, the concept of exempting copyright and patent royalties from federal income tax has rejoined the Equitable Tax Treatment package. This is a long-term objective.
The CCA Board was asked to develop a sector-wide strategy to achieve equitable tax treatment for artists and the arts.

Youth and Diversity

One of the innovations in the production of the conference was the engagement of eight young journalism students who were commissioned to be the official bloggers throughout the event. They were given no restrictions in what they could write and indeed were welcomed to be as critical and objective as possible. They were to make a contribution to the outcome of the conference far beyond their role as bloggers.

In addition, the CCA engaged Greg Frankson, a dub poet (aka Ritalin) to be the conference rapporteur. He chose to fulfill this role by composing poems on the spot and presented them to the plenary session on four separate occasions throughout the conference. His succinct and insightful work was one of the highlights of the event which also had positive and unanticipated outcomes for the conference and the CCA. He received the only standing ovation of the conference at his final presentation.

Ritalin

Perhaps it was the eight young bloggers bringing their own perceptions to bear on the conference proceedings, or the young photographer who documented the event, or the dub poet - but the theme of youth and diversity was everywhere within the deliberations of the delegates.

The sector has developed an appreciation of the impact of demographics on the immediate and further future of the arts and cultural industries. Many arts professionals in all art forms and parts of the country are on the verge of retirement, having fought in the trenches for decades.

Our training institutions are turning out thousands of graduates who are exploring their future as artists or arts professionals. The challenge that is upon the cultural sector is not unique, the development of an effective succession strategy is urgent.

The delegates recognized the under-representation of both young people and diverse people within many of our institutions, including the Canadian Conference of the Arts. The delegates were adamant that this must change in order to move forward and sustain artistic and cultural activity and relevance.

Some of the delegates made impassioned pleas for the development of national mentorship strategy, others suggested broader measures necessary to attract and retain diverse representation within the sector. The Cultural Human Resource Council (CHRC) has been preparing the ground for such a strategy; however, the endorsement of many of the delegates for a national strategy was an important step forward.

The CCA Board of Governors subsequently directed the Secretariat to begin serious work on the development of a youth and diversity engagement strategy. It was hoped that the next national policy conference would begin to reflect significant progress in this direction.