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Canada
and the European Community
Cultural Policy Commonalities & Convergence
Harry
Hillman Chartrand ®
Arts Bulletin, Vol. 15, No. 2, Spring 1991
Canadian Conference of the Arts
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Contents
Page 1
Introduction
Evolution of
Canadian Cultural Policy
The European Community
Page
2
Evolution
of European Community Cultural Policy
1. Creation of a European Cultural Area
2. Promotion of the Audio-Visual Industry
3. Improved Access to Cultural Resources
4. Training for the Cultural Sector
5. Dialogue with the Rest of the World
Concluding Comments
Acknowledgements
Notes |
A
man standing alone and naked in a desert is sovereign. He
cannot be influenced by anyone or any power. Yet he is impotent. He
is, if you like, in Albania. Sovereignty means nothing unless it
represents the ability to control our destiny. And in the
modern world, that means forming alliances and pooling influence. 1
Sir
Leon Brittain
Competition Commissioner
European Economic Community
Introduction
Since
before the Massey-Levesque Report in 1951,2 the Canadian arts
community has looked longingly across the
Atlantic at governments whose commitment to the arts is so great that
the box office is not a financial constraint. Excepting the United
Kingdom, European governments typically provide for 80% of the expenses
of dance companies, galleries and museums, orchestras and theatres.3
In Canada, by contrast, the performing arts receive on average 30%
funding from government at all levels; they earn 50% at the box office;
and they rely on private philanthropy for the rest.
Strangely,
while governmental largesse has freed European art from 'pandering' to
the audience, it has not necessarily resulted in more innovative or
varied artistic programming or production. For example, a study of
opera repertoire in Germany showed that despite heavy subsidization the
companies receiving funding did not venture beyond the classic operatic
canon that is the mainstay of the Metropolitan Opera in New York, which
requires 96% seating occupancy to break even on each performance.4
This is also supported in other studies.5
In
the last decade, a new player entered the European cultural policy arena
- the European Economic Community (henceforth the European Community,
Community, or EC). Evolution of the European Community's cultural
policy exhibits, in my opinion, striking commonalities with that of
Canada's, including response to external threat, continuing internal
controversy and progressive industrialization of culture.
In
this paper, the evolution of Canadian cultural policy is outlined and
compared with that of the European Community. In the process, the
paper highlights the pervasiveness of contemporary cultural policy,
spanning the arts, broadcasting and communications, education,
employment and training, the entertainment industry, fiscal and tax
policy, industrial design, intellectual property, language,
multiculturalism and regional development.
EVOLUTION
OF CANADIAN CULTURAL POLICY
Excepting
the Public Archives, National Gallery, National Library and National
Museum (all founded in the last century), modern Canadian cultural
policy can be said to begin with creation of the Canadian Broadcasting
Corporation in the 1930s. Radio started in Canada as a private
industry, paralleling similar development in the United States.
While the Canadian National Railway - already in the telegram business -
attempted to create a 'Canadian' broadcasting network, by 1925 the
Toronto Telegram found that the 17 most popular radio stations were in
fact American border stations. Canadians were developing a taste for US
programming.6
This
state of affairs led to passage of the Radio Act in 1927 and
creation of the Aird Commission to investigate how radio should be
organized and funded. The Commission reported in 1929 that the
Canadian airwaves were a public asset "enabling
Canadians to communicate with other Canadians" and "providing
a means of articulating and expressing a unique Canadian culture".7
The federal government responded by creating a 'mixed' broadcasting
system made up of a state-run radio network (the CBC) and private
networks subject to public regulation. While an affirmation of a
unique Canadian culture, creation of the CBC was essentially a defensive
response to external threat.
Internal
controversy accompanied the birth of modern Canadian cultural policy.
Federal jurisdiction over broadcasting was challenged by the provinces.
Quebec and Ontario even appealed a Supreme Court ruling in favour of
federal jurisdiction to the Judicial Committee of the Privy Council of
the United Kingdom, which confirmed the Supreme Court's decision.
The
next major step in policy evolution was also a defensive response to an
external threat. In this case, the threat was war and the response
was creation of the National Film Board in 1939 to promote and maintain
Canadian fighting spirit and morale.
The
war years witnessed numerous art associations, in all disciplines, in
all regions of the country, articulating the Canadian experience in
terms politicians and the business community began to understand.
These associations included The Canadian Historical Society, The
Canadian Writers Union, The Dominion Drama Festival, The Graphic Arts
Society, The Sculptor's Society, and many others. It was this pressure
from and lobbying by the artistic community that led to the next major
step in the evolution of Canadian cultural policy, the creation of the
Canada Council.
In
1951, the Royal Commission on National Development in the Arts,
Letters and Sciences, otherwise known as the Massey-Levesque Report,
asserted the need for public funding of the arts. Canadians were
being overwhelmed by British and American arts and letters. There
was little domestic production. The problem was only heightened
with the advent of a new medium - television.
The
Royal Commission recommended a British arm's length arts council model
as that most suitable for Canada. The Commission rejected direct
funding of the arts through a ministry of culture.
Quite
apart from the fact that the problems confronting us have little in
common with those in other countries, we find that in general they are
dealt with abroad by a centralized Ministry of National Education or by
a Ministry of Cultural Affairs, arrangements which, of course, in Canada
are constitutionally impossible or undesirable .8
In
the Canadian Confederation many policy fields, including education and
health, are the constitutional responsibility of the provinces.
The Commissioners were concerned about federal encroachment on
provincial responsibilities, particularly education because of its
relation to the arts and culture. The Commission, therefore, drew a
distinction between formal and informal education. Formal education was
the special domain of the provinces. The Commissioners, however,
saw "no prohibition in Canadian law against any group, governmental
or voluntary, contributing to the education of the individual in its
broadest sense", including the arts and culture.9
In
response to the recommendations of the Royal Commission, Parliament,
using death duties levied on the estates of two prominent Canadian
industrialists - Sir James Dunn and Isaak Walton Killam created the
Canada Council for the encouragement of the arts in 1957. With
half of the $100 million endowment, the Canada Council played a role
similar to that of the British University Grants Committee, disbursing
capital grants to universities. Where the Canada Council differed
from the Arts Council of Great Britain was in the intent to use the
remaining endowment for purposes of securing financial independence from
government. In this sense, the Canada Council more closely
resembled a United States private foundation. In fact, the first
meeting of the Canada Council, held in the Office of the Prime Minister,
included representatives of the Carnegie, Ford and Rockefeller
Foundations.10 Sentiments of the private foundation
tradition were echoed by Dorothy Killam who, in 1963, endowed the Canada
Council with $8.5 million to create the Killam Program in recognition of
her late husband's role in the founding of the Canada Council.11
The Killam Prize has been called 'the Nobel Prize' of Canada. In 1965,
through her will, she bequeathed an additional $7 million to the
Council. 12
For
its first eight years, the Canada Council
was indeed both politically and financially independent of government.
The activities of the Council were funded from endowment income.
Then in 1965, the Canada Council received an appropriation from
Parliament, both in recognition of its success in fostering and
promoting the arts and so that it could prepare for the 100th
anniversary of the Canadian Confederation in 1967. For a
time, the Canada Council became a 'chosen instrument' of the federal
government to encourage artistic activity. Currently the annual
appropriation from Parliament represents some 90% of Canada Council
income; the remainder is made up principally of income from the
endowment.
Between
the early 1960s and the mid 1970s, under the direction of Gerard
Pelletier, the federal Department of the Secretary of State became the
chief instrument of cultural policy in Canada. The Department
initiated policies based on biculturalism (as a result of the Official
Languages Act, making Canada officially bilingual), democratization and
decentralization. Beyond encouraging the National Museums
Corporation to expand its activities to include support for museums
across the country, federal programs such as Opportunities for Youth,
the Company of Young Canadians and Local Initiatives Program
dramatically affected artistic and cultural life. For example, in
the early 1970s the Local Initiatives Program provided more funding for
theatre companies than did the Canada Council. With termination of
these programs in the mid to late 70s, various literary, media,
performing and visual arts organizations then applied for Canada Council
support. A host of new arts organizations had attained
professional standards and qualified for Council funding, however, there
had been no corresponding increase in the size of disbursements to the
Council from Parliament. This led to a continuing crisis
concerning the Council's ability to support small, innovative
organizations in emerging disciplines while satisfying the pressing
needs of large established organizations.
In
the late 70s, the Government transferred responsibility for culture to
the Department of Communications. The policy rationale, while not
formally articulated, was industrialization of culture - support for the
the so-called cultural industries. Between 1978 and 1990 the
government dramatically increased direct and indirect funding to these
industries. This coincided with a decline in support for the
performing arts. Industrialization of cultural policy was
justified as a means of ensuring Canadian cultural content on tv, in
motion picture theatres and on the bookshelf.
Through
the 50s and 60s, provincial governments created arm's length agencies to
support the arts, and in which the governments themselves played a
relatively small role. Both the provinces and their arm's length
agencies tended to model their program initiatives after those of the
Canada Council.13 By the mid 70s,however, the arts
support pattern had changed to provincial ministries of culture, funded
by lottery revenues, playing a leading role in innovative arts support
programs. The role of arm's length agencies declined, both in
dollar terms and in terms of initiating innovative support programs to
the arts.14
By
the end of the 1970s, the federal government signed an agreement with
the provinces that ended federal involvement in the lottery field in
return for an annual payment from the provinces. These funds were
initially used by the federal government to create the Cultural
Initiatives Program, which marked the beginning of direct federal
grants to the arts in competition with the Canada Council. Until
this time the federal government had restricted its funding to capital
grants. The agreement also marked admission of the federal
minister of communications to the conclave of provincial ministers of
culture. This resolved jurisdictional disputes between the two
levels of government, at least for a time.
During
the 1970s, the government also instituted a number of measures which had
the effect of restricting the sale of foreign, i.e.
American cultural products. These included Bill C-58 concerning
the deductibility of Canadian advertising in American magazines; special
postal subsidies; direct and indirect government investment in Canadian
publishers; radio and tv content quotas; tax breaks for certified
Canadian tv programs and motion pictures; and a tax (called a garbage
tax in Eastern Europe) on U.S. dominated pay tv and cable tv. This
latter tax was used to invest in the production of Canadian tv
programming and motion pictures through a Broadcast Development Fund.
In
effect, the federal government 'engineered' a. Canadian communications
conglomerate consisting of: Telefilm Canada, funded by the special cable
television tax and involved in financing tv programming and motion
picture production; independent producers, supported by tax expenditures
and investments by Telefilm; the Canadian Broadcasting Corporation and
independent tv networks, both responsible for distribution; and the
National Film Board, responsible for process research and development.
Unfortunately, the synergy that could reasonably be expected from such a
communications conglomerate has yet to be realized.
The
trend of the Department of Communications towards industrialization of
cultural policy was followed in the late 1980s by changes in copyright
protection (including rediffusion rights for broadcasters), proposed
legislation concerning the status of the artist and entry of the Federal
Business Development Bank into the investment market for cultural
products. In 1991 a new Broadcasting Act was passed by Parliament. It
eliminated the 'national identity' mandate of the CBC and extended the
'commercialization' of Canadian broadcasting.
The
provinces became increasingly involved in supporting the
industrialization of culture. Competition among the provinces for film
and tv program production included introduction of special tax breaks
and programs of grant support. The result of industrialization of
cultural policy was a dramatic increase in Canadian content on tv, at
the movie theatre and on the bookshelf. It also led to rising levels of
exports to the USA and other foreign markets. A less desirable
result has been declining government support for the live nonprofit
arts, which are, in effect, the research and development sector of the
commercial arts - they provide new scripts, scores, talent and technique
required for the long term international competitiveness of the Canadian
entertainment industry.
Two
other trends emerged during the 1980s. The first involved the
spread of federal cultural policy beyond the Department of
Communications. In the early 1980s, Employment & Immigration
Canada recognized the contribution of the arts to employment and
initiated programs of support for training and development. These
programs contribute about $30 million a year to the artistic community.
The Department of Regional Economic Expansion began to include cultural
development as part of its Economic and Regional Development Agreements
with the provinces. The Department of External Affairs became more
active in supporting the export of Canadian cultural product,
particularly after forming the International Cultural Affairs Bureau.
What is now known as the Ministry of Industry, Science and Technology,
through Tourism Canada, supported research and promoted the role of
culture, including festivals and museums, as tourism resources.
This spreading of cultural policy within the federal government was
accompanied by many interdepartmental `turf fights.
The
second development was the emergence of multiculturalism as a major
element in cultural policy. While formal responsibility for
cultural policy was transferred from the Secretary of State to the
Department of Communications in the late 1970s, official languages and
multiculturalism remained with the Secretary of State. The growing
importance of multiculturalism, both in political and economic terms,
resulted in an investigation by a Parliamentary Committee. In its
1987 report, the Committee recommended that the commercial arts remain
with the Department of Communications, that official languages and
higher education remain with the Secretary of State, and that the arts,
including the Canada Council, be transferred to a new Ministry of
Multiculturalism.15 The rationale was that Canada had
adopted official multiculturalism and, therefore, the minister of
culture must be the Minister of Multiculturalism. The Committee
also recommended a dramatic restructuring of agencies, departments,
ministries and programs which flowed from this argument. No significant
action was taken on these recommendations, other than creation of a
Ministry of State for Multiculturalism.
One
of the unrealized developments was passage of a new Industrial Design
Act. Canada is the largest timber-producing country in the world, but,
according to an official of the European Community, Germany is the
largest exporter of furniture. Similarly, Sweden's IKEA has successfully
combined aesthetic and utilitarian values at affordable prices, and
recently opened a 240,000 sq. ft. furniture store in New York City.
European success does not reflect superior wood, but the contribution of
design to international competitiveness.
It
is necessary to briefly describe the European Community itself, before
examining the evolution of the EC's cultural policy. The
European Economic Community was created by the Treaty of Rome in 1957.
The objectives of the Treaty are: the establishment of a 'customs
union; dismantling of quotas aid other trade barriers; and free flow
of goods; services and persons among the original six members -
Belgium, France, Luxembourg, Italy, the Netherlands and West Germany.
In addition, the Treaty has specific clauses requiring member states
to apply common policies in fields such as agriculture,
transportation, competition policy and external trade. A general
clause calls for common policies in virtually all other areas of
economic and social life. Over the years, an additional six states
joined the EC: Denmark, Ireland and the United Kingdom in 1973; Greece
in 1981; and Spain and Portugal in 1986.
While
the original Treaty was concerned with economics, in 1970 member
states extended the role of the Community by establishing
an instrument for voluntary coordination of foreign policy - European
Political Cooperation. Similarly in 1986, member states extended
the range of the Community through the Single European Act to
encourage closer cooperation in important areas of the internal market
such as the environment, economic and monetary policy, and research
and technology. This Act streamlined Community decision-making
and is to be fully implemented in 1992.
The
European Community is often referred to as the 'European Communities'.
In addition to the European Economic Community, the term embraces the
European Coal and Steel Community which was formed by the Treaty of
Paris in 1951 and the European Atomic Energy Community (Euratom) which
was created in 1957 by another treaty signed in Rome.
The
European Community operates through four principal institutions: the
Commission, the Council of Ministers, the European Parliament and the
European Court of justice. The Commission is the central:
bureaucracy of the Community. It consists of 17 Commissioners
appointed by unanimous agreement of all member states. The
Commissioners act independently of their national governments and are
responsible for an administrative staff of about 15,000, which is
divided into more than 20 directorates-general and agencies. The
Commission proposes legislation, implements Community policy and
enforces EC treaties. It has investigative powers and can take legal
action against member states or companies that violate EC rules.
The
approximately 20 Directorates-General exercise administrative and
program responsibilities for the Commission. The
Directorate-General (DG) formally responsible for cultural affairs is
DG X: Information, Communication and Culture. Since 1989,
cultural responsibilities have been centred in DG X-2: 'Action
Culturelle'. In fact, responsibility for cultural affairs is
spread throughout a range of DGs. The DG responsible for
broadcasting and copyright at the Community level is DG III: Internal
Market and Industrial Affairs. Directorate "D" of DG
III is titled Approximation of Laws, Freedom of Establisbment and
Freedom to Provide Services. The DG responsible for competition
policy in the media industries is DG IV: Competition. Directorate
"B" of DG IV is titled Restrictive Practices: Abuse of
Dominant Position and other Distortions of
Competition. This 'spreading' of cultural policy beyond the
domain of a specific ministry or department of culture is similar to
developments in Canada - at the federal, provincial and local levels.
The
Council of Ministers is made up of the ministers from member states
responsible for specific policy areas including culture. In
addition, the heads of state or government meet as the most senior
Council of Ministers. The Council acts on proposals from the
Commission and is the ultimate decision-making body of the Community.
One of the most important reforms of the Single European Act was
introduction of majority voting in many areas previously requiring
unanimity.
The
European Parliament is made up of 518 members directly elected by
citizens of the Community's member states. At present, the
Parliament debates issues, questions the Commission and Council of
Ministers and reviews proposed legislation. It does not have
legislative powers but can dismiss the Commission and has final
approval of the EC budget. Powers of the Parliament were
increased by the Single European Act. Members of Parliament tend to
form into political rather than national coalitions.
The
European Court of Justice is the Community's Supreme Court. It
interprets EC laws and rules on treaty questions raised by the
Community's institutions, member states or individuals. Its rulings
are binding. The Court consists of thirteen judges assisted by
six advocates-general. They are appointed for six year terms by
mutual consent of member states.
The
Community has four distinct types of legislative instruments. A
Regulation is a Community law applicable to all member states. A
Decision is binding only on member states, companies or individuals
specifically named. A Directive sets out compulsory objectives
but allows member states to translate them into national legislation.
Finally, a Recommendation is a non-binding directive.
The
institutions that make up the Community are funded through
contributions from member states as well as from its own revenue
sources. Contributions from member states in 1988 amounted to 1.3% of
the GNP of each member state. The Community's
own revenue sources include customs duties and agricultural levies on
imports as well as 1.4% on a uniform assessment of Value Added Tax
(VAT) collected by member states.
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