1 Women’s Declaration International – Canada: Bill C-11 Brief; August 2022 About Us: Women's Declaration International (WDI) is a diverse, multilingual, non-partisan group of volunteer women from over 50 countries across the globe dedicated to protecting women's sex-based rights. Our volunteers include academics, writers, organizers, activists, creators, lawyers, and healthcare professionals who aim to represent the total breadth of the human female experience.

The mission of Women’s Declaration International is to uphold the commitments of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), of which Canada was one of the first 20 member states to ratify.1 The principles and commitments of CEDAW are reasserted in our namesake Declaration. We submit this brief as representatives for Women’s Declaration International – Canada.

Prelude: The Standing Committee on Transport and Communications has been charged with a task of tremendous importance - the study of Bill C-11 (44th Parliament, 1st Session), also known as the Online Streaming Act. WDI’s concern is specifically regarding the impacts of Bill C-11 on women, and so we are seeking your assistance to make this just. Throughout history the female voice has been significantly marginalized.

In recognition of that historic and ever-present marginalization, any endeavor to legislate one of the primary sources of information and communication for Canadians - the internet - must therefore make explicit provisions for women. If Bill C-11 is to carry generations of Canadians into an equitable future of communications, then it must recognize and correct the historical and lived injustices towards members of the female sex, as per the Canadian Charter of Rights and Freedoms, which offers equal protection and benefit of the law to women on the basis of sex.

Bill C-11 doesn’t discriminate against women per se but fails to even acknowledge our existence at all. Perhaps said to be included under “gender identities”, such theory turns a blind eye to the plethora of lived experiences that are inextricably linked to our biological female sex. Female erasure has been stealthily traversing the globe at a formidable strength and speed. We are structurally and consistently being written out of the law. So, it is insufficient to simply imply our inclusion in any bill; it must be explicit.

The current omission of “women” runs contrary to the commitments that Canada has made to the women of Canada and to the international human rights community, particularly the United Nations, through your mutual dedication to CEDAW. We therefore request that you amend the

Summary and

Section 3 of Bill C-11 to include the word “women” in the list of designated groups specified. 1 Office of the Auditor General of Canada. “Report 1 – Implementing Gender-Based Analysis”. Accessed April 11, 2022, https://www.oag-bvg.gc.ca/internet/English/parl_oag_201602_01_e_41058

2 Women’s Declaration International – Canada: Bill C-11 Brief; August 2022 The Omission of Women: The

summary of Bill C-11, 44th Parliament, 1st Session, Third Reading, currently follows as: This enactment amends the Broadcasting Act to, among other things, (…) (

c) update the broadcasting policy for Canada set out in

section 3 of the Act by, among other things, providing that the Canadian broadcasting system should (

i) serve the needs and interests of all Canadians, including Canadians from racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages, and (ii) provide opportunities to Indigenous persons, programming that reflects Indigenous cultures and that is in Indigenous languages, and programming that is accessible without barriers to persons with disabilities; (…)2

Section 3 of the Act follows the same wording. We, as Canadian women, do not see ourselves reflected in the policies of the Online Streaming Act as it is written. You could argue that women are included in the phrase “all Canadians”. However, it is merely implied that “women” are included. It was not long ago that women were not even considered “persons” under the law, so we must be mindful. Providing a legal grey area leaves room for

interpretation and hence potential exclusion. Furthermore, if “all Canadians” truly means all Canadians, then why even bother to emphasize inclusion of “all ages”? In fact, why emphasize any of the other characteristics? ‘Because these characteristics mean something. Being a woman means something too. We must therefore insist on explicit mention in this policy. The Senate Committees’ Mandates: Support for WDI’s request comes, indirectly, from the Prime Minister himself. As you surely know, Bill C-11 was sponsored by the Minister of Canadian Heritage, the Honourable Pablo Rodriguez.

In Prime Minister Justin Trudeau’s Mandate Letter to the Minister of Canadian Heritage, dated December 16, 2021, he stated that: 2 Bill C-11:

An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts.

(2022) Third Reading; June 21, 2022. 44th Parliament, 2nd Session; Retrieved from the Government of Canada website: https://www.parl.ca/DocumentViewer/en/44-1/bill/C-11/third-reading

3 Women’s Declaration International – Canada: Bill C-11 Brief; August 2022 “We must continue to address the profound systemic inequities and disparities that remain present in the core fabric of our society, including our core institutions. To this effect, it is essential that Canadians in every region of the country see themselves reflected in our Government’s priorities and our work. As Minister, I expect you to include and collaborate with various communities, and actively seek out and incorporate in your work, the diverse views of Canadians.

This includes women, Indigenous Peoples, Black and racialized Canadians, newcomers, faith-based communities, persons with disabilities, LGBTQ2 Canadians, and, in both official languages.”3 Please note the explicit mention of the word “women”, in the prime minister’s mandate letter, indicating which groups are designated to include and collaborate with, and whose views to – quote “actively seek out and incorporate in your work”. Prime Minister Trudeau’s Mandate Letter to the Minister of Transport and Communications, contained the same instructions – to include women.

Furthermore, the Prime Minister’s Mandate Letter to the Minister of Women, Gender Equality and Youth stated to “Continue to collaborate with women’s movements, organizations, experts and advocates on matters of public policy relating to women and gender equality”. Women’s Declaration International – Canada wishes to be a part of that collaboration and consultation.

The Senate also has a mission to elevate the voices of women, as is stated on the House of Commons website: “Created to counterbalance representation by population in the House of Commons, the Senate has evolved from defending regional interests to giving voice to underrepresented groups like Indigenous peoples, visible minorities and women.”4 All the other groups from within these mandates were included in Bill C-11, in the same or similar terms. So why were “women” the only group omitted in Bill C-11’s intent to raise the voices of marginalized groups in Canada?

Women have been historically marginalized for millennia and continue to be so to this day, including in Canada, where we are the largest visible marginalized group, accounting for approximately half of all Canadians. The feminist agenda for equality between the sexes is NOT complete.

And, we should not have to still fight to further articulate the need to recognize this. 3 Trudeau, Justin; Office of the Prime Minister. “Minister of Canadian Heritage Mandate Letter” December 16, 2021, https://pm.gc.ca/en/mandate-letters/2021/12/16/minister-canadian-heritage-mandate-letter 4 Parliament of Canada; Senate of Canada. “About the Senate”. Accessed July 9th, 2022. https://sencanada.ca/en/about/

4 Women’s Declaration International – Canada: Bill C-11 Brief; August 2022 Testimonies (Facts, figures, and statistics): According to Statistics Canada’s latest reports, published on November 4, 2021 “violent crimes of a sexual nature against women and girls have been on the rise in Canada”.5 The following statistics, specifically involving females, are a comparison between 2009 – 2020: ● Violations causing death and attempted murder has risen from 364 to 409 ● Sexual assaults have risen from 17,728 to 24,881 ● Assaults have risen from 115,238 to 123,7106 According to a report published by the Canadian Femicide Observatory for Justice and Accountability, 160 females were violently murdered in Canada in 2021 alone.7 Men committed over 90% of these murders.

The Femicide Observatory has stated that “One woman or girl is murdered in Canada every 36 hours.”8 On April 23, 2018, Alek Minassian drove a van through a crowded Toronto sidewalk killing 10 people and seriously injuring 16 others. “Minassian later admits in court to carrying out the attack in retribution for years of sexual rejection and ridicule by women.”9 In an interview with police Minassian admitted to being a part of an incel rebellion, a movement that blames women for the involuntary celibacy of certain men.10 The rising threat of incels towards 5 Statistics Canada. (2021-11-04).

Victims of Police-Reported Violent Crime and Traffic Violations Causing Bodily Harm or Death, by Type and Violation and Sex of Victim. (Table number 35-10-0050-01). https://www150.statcan.gc.ca/t1/tbl1/en/tv.action?pid=3510005001&pickMembers%5B0%5D=1.1&pickMembers %5B1%5D=4.1&cubeTimeFrame.startYear=2009&cubeTimeFrame.endYear=2020&referencePeriods=20090101%2 C20200101 Accessed August 18, 2022 6 Statistics Canada. (2021-11-04).

Victims of Police-Reported Violent Crime and Traffic Violations Causing Bodily Harm or Death, by Type and Violation and Sex of Victim. (Table number 35-10-0050-01). https://www150.statcan.gc.ca/t1/tbl1/en/tv.action?pid=3510005001&pickMembers%5B0%5D=1.1&pickMembers %5B1%5D=4.1&cubeTimeFrame.startYear=2009&cubeTimeFrame.endYear=2020&referencePeriods=20090101%2 C20200101 Accessed August 18, 2022 7 “Violent deaths of women in Canada increased in 2020, study finds” CBC News online; Accessed July 16, 2022. https://www.cbc.ca/news/canada/femicide-canada-1.5953953 8 “What is Femicide?”, Canadian Femicide Observatory for Justice and Accountability online.

Accessed July 16, 2022. https://femicideincanada.ca/about 9 “A look at some of the deadliest mass killings in Canada since the 1970s” by Staff; Global News Canada online; The Canadian Press. April 19, 2020; updated April 21, 2020 https://globalnews.ca/news/6840650/mass-killings- canada/ 10 “A look at some of the deadliest mass killings in Canada since the 1970s” by Staff; Global News Canada online; The Canadian Press. April 19, 2020; updated April 21, 2020 https://globalnews.ca/news/6840650/mass-killings- canada/

5 Women’s Declaration International – Canada: Bill C-11 Brief; August 2022 women has been due in part to the insidious and rampant misogyny found and permitted on the internet. We should also note that that two of Canada’s largest mass murders were both mass femicides.

There were those committed by pig farmer Robert Pickton, convicted in 2002, of only 26 out of a possible 65 murders, the grim details of which shed a light on the horrible injustices to Indigenous Canadian women.11 And, there was the Montreal Massacre of 1989, when 14 female engineering students were murdered in cold blood after the shooter ordered the male students to leave the classroom.

During this massacre at École Polytechnique there was an exchange between the murderer and his victims in which he said that “he’s a man who’s against feminists, against women like them”, right before he opened fire.12 There had been a surge in the recognition and rights of women that preceded the Montreal Massacre, just as there has been in the recent past with the “Me Too” movement. Backlash is one of the pitfalls of social progress. So, we worry about a rise of violence against women, especially given the vicious dehumanization by those who call feminists “TERFs.

When Senator Sheila Finestone spoke while representing the Canadian delegation at the Fourth United Nations World Conference on Women, held in Beijing on November 6th, 1995, she recognized that this might happen. She said that “differing perspectives over the rightful place of women in society will divide us. That a backlash against equality will hinder our ability to move forward, or to hold on to past gains. This must not happen.

We must not fail.”13 International Commitments: Canada is one of the member states who has consistently made promises to the International human rights community, to the United Nations, and to the women and girls of Canada, to uphold the obligations set out in the Convention on the Elimination of All Forms of Discrimination against Women.

CEDAW defines discrimination against women as: “Any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field”. 11 Butts, Edward. "Robert Pickton Case." The Canadian Encyclopedia. Historical Canada.

Article published July 26, 2016; Last Edited April 24, 2017. https://www.thecanadianencyclopedia.ca/en/article/robert-pickton-case 12 Boileau, Josée. Because They Were Women: The Montreal Massacre (Toronto, Canada; Second Story Press, 2020), pg. 26. 13 The United Nations Fourth World Conference on Women – Platform for Action. Beijing, China; September 1995; https://www.un.org/womenwatch/daw/beijing/platform/media.htm Accessed August 17, 2022.

6 Women’s Declaration International – Canada: Bill C-11 Brief; August 2022 According to the Beijing Declaration and Platform for Action, which Canada ratified in 1995: “We, the Governments participating in the Fourth World Conference on Women (…) are convinced that: (…) 19. It is essential to design, implement and monitor, with the full participation of women, effective, efficient, and mutually reinforcing gender-sensitive policies and programmes, including development policies and programmes, at all levels that will foster the empowerment and advancement of women; 20.

The participation and contribution of all actors of civil society, particularly women’s groups and networks and other non-governmental organizations and community-based organizations, with full respect for their autonomy, in cooperation with Governments, are important to the effective implementation and follow-up of the Platform for Action” This Platform for Action contained a Women and the Media diagnosis with the following strategic objectives: J.1 Increase the participation and access of women to expression and decision-making in and through the media and new technologies of communication. Actions to be taken.

J. 2. Promote a balanced and non-stereotyped portrayal of women in the media.

Actions to be taken.14 Canada has professed to be so devoted to the Convention on the Elimination of All Forms of Discrimination Against Women that it signed the CEDAW Optional Protocol, which was ratified in 2002. “By ratifying the Optional Protocol, a State recognizes the competence of the Committee on the Elimination of Discrimination against Women -- the body that monitors States parties' compliance with the Convention -- to receive and consider complaints from individuals or groups within its jurisdiction.”15 Despite its many promises, Canada continues to fail to perform GBA+ on federal legislation, including on Bill C-11.

Since the House of Commons has failed to provide a GBA+, we have performed our own. After countless thorough reviews we have concluded that we, as women, do not see ourselves reflected in the policies of Bill C-11, the Online Streaming Act.

Women must see ourselves clearly reflected in public, and since the Online Streaming Act seeks to turn the internet in Canada into a regulated public space, it is essential that our existence be 14 https://www.un.org/womenwatch/daw/beijing/platform/media.htm Accessed August 17, 2022) 15 “Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women Opened for signature December 6, 1995; Entered into Force December 22, 2000; United Nations, UN Human Rights Office of the High Commissioner; (A/RES/54/4) https://www.un.org/womenwatch/daw/cedaw/protocol/text.htm

7 Women’s Declaration International – Canada: Bill C-11 Brief; August 2022 recognized, respected, and represented in that public space as well as in public policy creation. In recent weeks we have witnessed a rollback of women’s and girls’ rights worldwide from the right to education in Afghanistan to abortion rights in the United States.

Women in the Ukraine are being sex-trafficked as Russia uses rape as a tactic of war.16 And, the pandemic had a significant toll on women. “Across every sphere, from health to the economy, security to social protection, the impacts of COVID-19 are exacerbated for women and girls simply by virtue of their sex”.17 None of this is surprising, as women are often the first group to suffer when public order is lost. Conclusion: When Mary Wollstonecraft Goodwin Shelley initially tried to publish Frankenstein, she was turned down, despite being a formidable author.

Eventually her first novel was published anonymously, as was de rigour for women authors of the day. Wollstonecraft Goodwin Shelley was 18 years old when she began writing Frankenstein, which is now regarded as the first example of the science fiction genre and an iconic, shining example of creative literary fiction.18 And while this was during 19th century England, it feels so sadly familiar.

How many intelligent, creative, and talented young women in Canada are currently living in obscurity because those of the female sex are still treated as second class citizens, deemed unworthy of respect, attention, or merit, despite the argument that “the more perspectives we encounter, the richer our understanding of life”?19 According to the 2019 Women in View – On Screen report “Women’s share of writing, directing and cinematography work in both film and TV remains below 25%”20 in key creative roles in Canadian publicly-funded film and television.

However, this data came much closer to gender parity by the 2021 report thanks to support given to women by the CRTC, CBC, CMF, and 16 United Nations, Meetings Coverage Security Council; Sexual Violence ‘Most Hidden Crime’ Being Committed against Ukrainians, Civil Society Representative Tells Security Council; SC/14926; 6 June 2022 https://press.un.org/en/2022/sc14926.doc.htm 17 United Nations, Policy Brief: The Impact of COVID-19 on Women 9 April 2020. https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/Library/Publications/2020/Pol icy-brief-The-impact-of-COVID-19-on-women-en.pdf 18 “Mary Shelley's ‘Frankenstein’ is published,” History.com editors; A&E Television Networks.

Last updated December 30, 2019. https://www.history.com/this-day-in-history/frankenstein-published 19 British Library, Women’s Rights. “Women writers, anonymity and pseudonyms”. Greg Buzzwell; 2020. https://www.bl.uk/womens-rights/articles/women-authors-and-anonymity 20 Jill Golick and Amber-Sekowan Daniels, Women in View: On Screen Report 2019 (Toronto: Women in View, 2019), https://womeninview.ca/wp-content/uploads/WIVOS19-Full-Report.pdf

8 Women’s Declaration International – Canada: Bill C-11 Brief; August 2022 Telefilm. This report now recognizes a need to increase support for Black Women, Women of Colour, and Indigenous women.21 However, without the explicit mention of “women”, all these other intersecting designations and groups could technically be represented exclusively by men. The voices of women, our voices, are essential to the breadth of an equally representative and healthy democracy. The storytelling of humankind is as old as human history itself, and that history, for millennia, has been his story.

It is only in the very recent past that we have begun to tell her story. And so, it is far too soon to assume that we are at an equitable point in the history of humankind. The government has said that the objective of the Online Steaming Act is to promote emerging Canadian talent. The Liberal majority has also repeatedly called themselves “a feminist government”. Will it live up to these claims?

Until society has evolved to the point that women are judged not by the pitch of our voices, but by the content of our words, we humbly request that we be included in the list of designated groups, explicitly mentioned, that the Broadcasting Act will serve. Recommendations: We ask that the Senate Committee please make the following three recommendations: 1. Under “Summary”

section “(c)”, subsection “(ii)”: Add: “women”; therefore reading:

SUMMARY This enactment amends the Broadcasting Act to, among other things (…) (

c) update the broadcasting policy for Canada set out in

section 3 of the Act by, among other things, providing that the Canadian broadcasting system should (

i) serve the needs and interests of all Canadians, including women, Canadians from racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages, and (…) 2. Under “Broadcasting Act”

Section 3:

(3) Subparagraph 3(1)(d)(iii) of the Act is replaced by the following: (…) 21 Jill Golick & Nathalie Younglai, Women in View: On Screen Report 2021 (Toronto: Women in View, 2019), https://womeninview.ca/wp-content/uploads/WIVOS-2021-FULL-FINAL-May-28-2021.pdf

9 Women’s Declaration International – Canada: Bill C-11 Brief; August 2022 Add: “women”; therefore reading: (iii) through its programming and the employment opportunities arising out of its operations, serve the needs and interests of all Canadians — including women, Canadians from racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages — and reflect their circumstances and aspirations, including equal rights, the linguistic duality and multicultural and multiracial nature of Canadian society and the special place of Indigenous peoples within that society (…) 3.

Under “Broadcasting Act” Clause 3:

(3) Subparagraph 3(1)(d)(iii) of the Act add the following: (…) Add: “(iii.8) to support female persons in Canada by taking into account their specific needs and interests, namely, by supporting the production and broadcasting of original programs by and for female persons and communities” 4. Perform a GBA+ on Bill C-11; consult with women’s rights advocacy groups, including Women’s Declaration – Canada, and make the report transparent to the public. This brief has been formally submitted, with respect to the Government of Canada and our democracy, by Women’s Declaration International - Canada.