Public Affairs and Advocacy Report on CARL’s 2013-2014 Public Affairs and Advocacy Activities April 2014 CARL’s Advocacy Context The Canadian Association of Research Libraries (CARL) represents the country’s twenty-nine largest university libraries. Enhancing research and higher education are at the heart of CARL’s mission. CARL promotes effective and sustainable scholarly communication, and public policy that enables broad access to scholarly information. Our association includes two national library organizations that are part of the Government of Canada: Library and Archives Canada (LAC) and the National Research Council’s Canada Institute for Scientific and Technical Information (CISTI). They do not participate in any of CARL’s advocacy, public affairs discussions or activities. Our public affairs and advocacy activities are led by the CARL office in Ottawa. The Executive Director is the lead on this file, with support provided by a CARL program officer and a government relations consultant. All of CARL’s public statements, briefings and publications are available on the CARL website. Hyperlinks are available at the end of this document. CARL’s Positioning & Developments CARL’s advocacy efforts follow the parliamentary and federal budget cycles. Parliament usually sits from late September to mid-December and from late January to mid-June while the federal budget is presented to the House of Commons in February or March. We participate in the House of Commons Standing Committee on Finance’s pre-budget consultations (midsummer to earlyfall) as well as in the Department of Finance’s consultations in January and February. CARL’s key public policy messages emphasize four broad areas of interest, namely: government support for research and its infrastructure; support for national libraries and heritage; enabling broad access to information; and balanced copyright. This shapes our advocacy efforts as we emphasize one issue or another, depending on the forum. We monitor and, as it may seem appropriate, respond to policy developments in our fields of interest throughout the year. Political Developments in 2013 Last year marked the Conservative Party’s third year of majority government, while the centreleft New Democratic Party and the centrist Liberal Party of Canada respectively form the official and second opposition parties. The economy remains the government's priority. The past year emphasized austerity measures to balance the federal budget by 2015 (an election year) without increasing taxes. This reality limits the government’s new investments in research, which emphasizes applied research and partnerships with the private sector. CARL welcomed the Government of Canada’s commitment to university research announced in Budget 2014. Notable measures included: The Canada First Research Excellence Fund for post-secondary institutions, which includes $1.6 billion over ten years. $46 million increased funding to the granting councils and $9 million to the Indirect Cost Program. -2- $305 million to increase access to broadband internet for 280,000 households. The creation of an Open Data Institute at the University of Waterloo. We hope this initiative will lead to a comprehensive approach that ensures the preservation and widespread availability of research data for the benefit of Canadian academics, researchers and businesses. CARL’s advocacy efforts have included contacts with ministers’ offices in the federal departments of Heritage, Industry, International Trade, Science and Technology. We also contacted members of the relevant House of Commons and Senate Standing Committees in September 2014 to highlight issues of importance to our members. This raised their awareness of some issues of importance to CARL, allowing us to build on some existing relationships. Support for Research CARL advocates continued government support for research, even in the current economic climate. We argue that research stimulates innovation and economic growth, and benefits society and the lives of Canadians. We ask that the government maintain its support for relevant agencies, including the National Research Council, the federal granting councils, and independent infrastructure agencies such as the CANARIE digital research network and the Canada Foundation for Innovation. In this vein, we encourage the government to maintain national research information organizations, such as Library and Archives Canada. CARL expressed these views in its submission to the Finance Committee, as well as in its 20122013 meetings with Members of Parliament and its public policy communications. We represent our members’ views in various panels, discussions and consultations with federal research support organizations. An example of this is our participation in a breakfast conference with the granting council and CFI presidents organized by the Canadian Consortium for Research in November 2013 and in our annual participation in the CANARIE users’ forum. CARL also submitted its recommendations to the Government of Canada consultations on science, technology and innovation. The submission highlighted our belief that the government should commit Canada to reliable data, empowering researchers, and strengthening public institutions and university research. Research Data Management CARL continued to recommend government support for research data management during the reporting period through letters (in particular to the Minister of State for Science and Technology) and in our budget brief. The government’s Open Data Portal remains a work in progress and CARL has commended the program’s stated objectives. We continue to look forward to a broader range of non-geospatial datasets being made accessible through the Portal. CARL is a participant in the Leadership Council for Digital Infrastructure for Research, another new formation that brings together the Chairs or Presidents of the federal granting agencies and major research support organizations, such as Compute Canada, CANARIE, and the Canadian University Council of Chief Information Officers (CUCCIO). This group is discussing a rational approach to the planning and funding of Canada’s digital support infrastructure for university -3- research. A working group was created following the January 2014 meeting to implement the council’s recommendations. Big Data Consultation CARL participated in consultations on “Capitalizing on Big Data” organized by Canada’s granting councils in December 2014. In our brief, we recommended that Canada increase awareness of data management issues, implement data stewardship guidelines and facilitates the coordination of existing initiatives. Open Access CARL promoted awareness and understanding of Open Access (OA) throughout the reporting period. We produced a number of YouTube videos that highlighted the opportunities OA offers researchers for Open Access Week 2013. We also raised awareness through public statements and social media. We have also been actively engaging with Canada’s granting agencies, who introduced a draft Open Access policy late in 2013. CARL participated in a reference group struck to develop the wording of the proposed policy in August 2014. We strongly endorsed the Draft Tri-Agency Open Access Policy and encouraged its rapid establishment as Tri-Agency policy. CARL has also addressed OA in its meetings and correspondence with parliamentarians, highlighting Canadians’ right to access research outputs that they finance through their taxes and the advantages of broad public access to research literature. Preserving Canada’s Documentary Heritage While the government generally maintained its support for research and its infrastructure in Budget 2014, Library and Archives Canada is still affected by the cuts announced in 2012 and federal government departmental libraries continued to close down. The role of Canada’s national libraries The future of LAC is of concern to many Canadians as well as to CARL. The Royal Society of Canada and the Council of Canadian Academies are examining the future of libraries, archives and information management in wide ranging studies. The CARL office and members participated in a number of panels organized by the Royal Society last fall, dedicated to The Status and Future of Canada's Libraries and Archives. Following the resignation of the Librarian and Archivist of Canada in May 2013, CARL wrote the Heritage Minister to recommend that his replacement be atuned to the library and archives community, given the important role he would play. We also voiced our recommendations during a meeting with the new (appointed Fall 2013) Heritage Minister’s staff. We were happy to welcome the nomination of Guy Berthiaume as Librarian and Archivist of Canada in April 2014. Dr. Berthiaume was the CEO of Bibliothèque et Archives nationales du Québec, a leading public institution. Héritage Project In early June, a number of (rather negative and ill-researched) blog posts and newspaper articles pre-empted a planned announcement of a project between Canadiana.org and Library and -4- Archives Canada to digitize a huge set of historical documents on microfilm that would be funded through subscriptions, with increasing portions of which becoming available in open access each year. CARL prepared a letter, signed by President Gerald Beasley, to urge the Heritage Minister to affirm his support of this “Héritage Project.” We also distributed a positive public statement supporting the project. The project was subsequentially launched. Federal libraries There was increased media attention on the closure of federal departmental libraries, originally announced in 2012. The CARL chose to take no position on the closure of federal department libraries in itself, but we did monitor this matter. Some CARL libraries were approached to preserve unqiue collections, but no consistent approach was taken. CARL expressed its concerns in a letter to Fisheries and Oceans Minister Gail Shea following disturbing media reports about aspects of the consolidation of several departmental libraries into two locations. The approach to the culling of collections, which may have occasioned the loss of unique research materials, caused considerable discussion in general and library discussion forums. Enabling access to information CARL has actively pushed for wider access to information and knowledge through a host of means, from encouraging government transparency to promoting affordable broadband Internet access. Access to government publications CARL continues its role on the Depository Services Program (DSP) Library Advisory Committee, encouraging the digital distribution of federal government publications to libraries. We also encourage the DSP to work with other government agencies to ensure that publications (including website content) are comprehensively preserved. Only digital publications are distributed from 2014 onwards as a cost saving measure and we remain concerned about progress on long-term government publication management issues. We note here that a number of CARL member libraries are collaborating in the development of a private LOCKSS network precisely for the long-term preservation of government documents and that the DSP has made its e-collection available for inclusion. Open Government One year after the publication of Canada’s Action Plan on Open Government, CARL submitted its comments on the document and urged its consistent and transparent implementation. Open Government encourages transparency and accountability by providing the public with information on the state's activities. Below are highlights from CARL's submission to the consultation on Canada’s Open Government initiative: We believe that Open Data and Information should be consistently applied to all government data and information. This would naturally exclude matters with privacy or clear national security concerns. Open Data requires reliable data. We urged the Government of Canada to reinstate the more reliable and less-expensive mandatory long-form census. -5- We hope that the proposed Virtual Library will enable access to, and ensure the preservation of, government publications. Privacy and lawful access The Government of Canada recently introduced Bill C-13, legislation that includes several provisions that would significantly expand law enforcement powers. One provision offers immunity to Internet service providers that agree to disclose private information about users to police officials. CARL issued a public statement highlighting its concerns that this measure might encourage ISPs to disclose information without a judicial warrant or the user’s informed consent. We believe that legislation should observe the principles of personal privacy that Canadians expect from all public institutions. In this vein, we continue to monitor large-scale surveillance by Canadian intelligence agencies and proposed changes to Canada’s privacy laws. Maintaining Balanced Copyright CARL has advocated for greater balance in Canadian copyright legislation for years, so we were pleased to see the passage into law of the Copyright Modernization Act. This Act includes new or improved exceptions for users, including libraries and educational institutions. It notably includes “education” as a fair dealing purpose. The Act unfortunately also includes strict anticircumvention language around digital locks. The new Act received Royal Assent in June 2012. Since the introduction of the new Copyright Act, concerns with copyright have moved from the national to the international arena, dealing notably with the World Intellectual Property Organization and international trade negotiations. WIPO WIPO is currently considering whether and how to promote a set of minimum copyright law exceptions and limitations for libraries and archives. This was one topic of discussion at the most recent meeting of the WIPO Standing Committee on Copyright and Related Rights (SCCR), held December 10-12 in Geneva. Industry Canada and Canadian Heritage held briefing session before and after this meeting. The Government of Canada, to this point, has no particular position on the matter and WIPO does not yet know whether this will move toward a treaty of some kind. We will monitor the matter and will stay in touch with the Candian Library Association, the Association of Universities and Colleges of Canada and IFLA. In the lead-up to the June 17-28 WIPO diplomatic conference at Marrakesh to conclude a Treaty to facilitate “Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities,” the Government of Canada held a stakeholders’ consultation on June 6 in Ottawa, during which we urged Canada to support a strong treaty. The CARL office submitted a brief urging the Canadian government to adopt and advance the more liberal language in the parts of the treaty text that were still to be finalized. CARL also issued a public statement encouraging Canada to work for an effective treaty. In spite of the strong lobbying of some large media organizations, the delegates at Marrakesh adopted a fairly strong treaty in favour of the print disabled. CARL distributed an announcement of this and commended the Government of Canada for its positive work in the treaty negotiations. -6- International Trade Negotiations The government’s economic agenda included foreign policy. Canada participates in the TransPacific Partnership (TPP) negotiations. Both negotiation processes are secretive with little publicly available information outside occasional press briefings and leaked reports. CARL has expressed concern that such agreements should not require changes to Canadian copyright law. CARL continued to advocate more transparency in the Trans-Pacific Partnership, as well as an approach to copyright that respects users and creators. During the past year, we issued a number of public statements on the TPP, wrote to the minister and met with International Trade officials to air voice our concerns. CARL also issued a statement welcoming the fact that the CanadaSouth Korea Free Trade Agreement would not restrict Canadian copyright, calling for a similar outcome for the TPP. Other activities We have worked in parallel with the Canadian Library Association (CLA) on issues of common interest. CARL contributed views and statistics to the CLA’s National Values Profile of Canadian Libraries, an advocacy tool that highlighting the importance of libraries. We continue to work with CLA on copyright issues through a seat on their Copyright Committee (staffed by Brent Roe). CARL continues its membership in the Canadian Consortium for Research, a coalition that includes 18 organizations. The CCR organized another breakfast with the presidents of the granting councils, the Canada Foundation for Innocation and Mitacs in November 2013. CCR also voiced its views on Budget 2014 and the Science and Technology consultations. We also attended a library summit in Windsor to discuss common objectives and form the basis for increased cooperation. The group, which brings together over 50 library and archival associations, agreed to form a working group to define its mandate and to create a common advocacy listserv. Finally, CARl continues to raise awareness about relevant policy issues. Executive Director Brent Roe guest lectured at Algonquin College and the University of Ottawa to discuss topics such as library advocacy, copyright and government information. For a second year, CARL provided three sessions at the CLA Annual Conference in Winnipeg May 29-June 1. The sessions were on special collections, digital locks, and open access advocacy. The sessions were well-attended and well-received. CARL will be sponsoring sessions at the upcoming CLA conference in Victoria, including one dedicated to copyright’s international dimension, notably discussing the ramifications of international trade negotiations. For more information Consult the CARL website for more information on our advocacy activities: Public statements www.carl-abrc.ca/news CARL and Public Affairs www.carl-abrc.ca/publicaffairs CARL publications www.carl-abrc.ca/en/publications -7- Canadian Association of Research Libraries Tel. 613.482.9344 203-309 Cooper St. info@carl-abrc.ca Ottawa, ON www.carl-abrc.ca K2P 0G5 -8-