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Rogues, vagabonds, and actors : an essay on the status of the performing artist in British Columbia Puttonen, Allan Michael 1996

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ROGUES, VAGABONDS, AND ACTORS: an essav on the status of the performing artist in British Columbia By A l l a n M i c h ael (Mike) Puttonen B.A., The U n i v e r s i t y of B r i t i s h Columbia, 1976 Cer t . , B r i t i s h Columbia I n s t i t u t e of Technology, 1985 A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS i n THE FACULTY OF GRADUATE STUDIES Department of Theatre, F i l m and C r e a t i v e W r i t i n g We accept t h i s t h e s i s as conforming to the r e q u i r e d standard . THE UNIVERSITY OF BRITISH COLUMBIA August, 1996 © A l l a n M i c h ael Puttonen In presenting this thesis in partial fulfilment of the requirements for an advanced degree at the University of British Columbia, I agree that the Library shall make it freely available for reference and study. I further agree that permission for extensive copying of this thesis for scholarly purposes may be granted by the head of my department or by his or her representatives. It is understood that copying or publication of this thesis for financial gain shall not be allowed without my written permission. The University of British Columbia Vancouver, Canada DE-6 (2/88) ABSTRACT T h i s t h e s i s seeks t o develop background knowledge about a c t o r s i n the Province o f B r i t i s h Columbia. The B r i t i s h Columbia Labour Relations Act d e f i n e s a c t o r s as employees. The f e d e r a l Status of the Artist Act r e c o g n i z e s them as self-employed. How d i d t h i s c o n f l i c t a r i s e , and how does i t a f f e c t the r o l e of a c t o r s i n Canadian c u l t u r a l l i f e ? The s t a t u s of a c t o r s i n d i v i d u a l l y and s e v e r a l l y under the Vagrancy A c t s of England from 1572 i s analyzed. The censure of. a r t i s t s by a U.S. C o n g r e s s i o n a l Committee i n the t w e n t i e t h century i s reviewed. The i n t e r n a t i o n a l model of c u l t u r a l s e l f -d e t e r m i n a t i o n and freedom of i n d i v i d u a l conscience as promulgated by the Universal Declaration of Human Rights and UNESCO Charter i s o u t l i n e d . The arms-length model suggested i n the 1951 Massey Report; and the 1957 Canada Council. Act i s examined. The e r o s i o n of the arms-length p r i n c i p l e i n Canadian c u l t u r a l a f f a i r s i s l i n k e d t o ' t h e p o l i t i c i z i n g of the a r t s i n Canada: a r t p r o d u c t i o n coupled w i t h s o c i a l p o l i c y and p o l i t i c a l i n i t i a t i v e s i n the 1970's; the c u l t u r a l i n d u s t r i e s i d e n t i f i e d as a source of economic b e n e f i t s i n the 1980's; and r e g i o n a l i n d u s t r i a l s t r a t e g y i n i t i a t i v e s p r e s e n t e d as c u l t u r a l p o l i c y i n the 1990's. In c o n c l u s i o n , an assessment of c u r r e n t trends i n c u l t u r a l p o l i c y a f f e c t i n g a c t o r s ' s t a t u s , r i g h t s , p r o f e s s i o n a l development, and a r t i s t i c freedom i n B r i t i s h Columbia i s f o l l o w e d by a d r a f t Status of the A r t i s t Act, p o l i c y recommendations i n c u l t u r e , and a p r o p o s a l f o r an A c t o r s ' Development Company. i i TABLE OF CONTENTS A b s t r a c t i i Table of Contents........ i i i L i s t of Acronyms i v PART ONE: Historical 1. Vagrants and P r o f e s s i o n a l s 1 2. The House Un-American A c t i v i t i e s Committee. 14 3. V i n c e n t Massey and. the Canadian Mosaic. 27 4. The Un i t e d Nations a l t e r n a t i v e 37 5. Wrapped i n the f l a g 4 6 PART TWO: Descriptive 6. Who owns the performance? 54 7.. A c t o r s and p o l i t i c i a n s 66 8. Canadian d e v o l u t i o n and the s t a t u s o f the a c t o r 83 PART THREE: Prescriptive 9. The i n d u s t r i a l i z a t i o n of Canadian c u l t u r a l p o l i c y 102 10. P o l i t i c a l c o n t r o l of the a c t o r i n B r i t i s h Columbia. .... 114 11. Recommendations: B.C. Status of the A r t i s t Act 129 B.C. C u l t u r a l P o l i c y 134 The A c t o r s ' Development Company 138 BIBLIOGRAPHY 14 3 iii LIST OF ACRONYMS ACTRA A l l i a n c e of Canadian. Television, Radio and Cinema Artists ASM- Assistant Stage Manager BCIRC British Columbia Industrial Relations Council BCLRB British Columbia Labour Relations Board BCYJCFU British Columbia and Yukon Joint Council of Film Unions CARFAC - Canadian Artists Representation CCA • Canadian Conference of the Arts CRTC Canadian Radio and Television Commission CSU. Conference of Studio Unions DGC Directors Guild of Canada, B.C. D i s t r i c t Council FIA International Federation of Actors' FIAV -International Federation of Variety A r t i s t s FIM. International Federation of Musicians FISTAV International•Federation of Unions of Audio-Visual Workers FOC Finnish Organization of Canada • FTA Canada/US Free Trade Agreement GATT General Agreement on Tariffs- and Trade HUAC House Un-American Activities. Committee-IATSE International - A l l i a n c e of Theatrical Stage Employees • ' and Moving Picture Machine Operators of the United States and Canada -ICFTU International Confederation of Trade Unions ILO - International Labour Organization ISETU ; International Secretariat of Entertainment Unions LIP..' Local Initiatives Program NAFTA . North American Free Trade Agreement NLRB National Labour Relations'Board (U.S.) OFY Opportunities for Youth SCCC . Standing Committee on Communications- and Culture SODRAC '• Society of Reproduction Rights of Authors, Composers and Publishers of Canada . UBCP . Union of British Columbia Performers UDHR Universal Declaration of Human Rights WIPO-. . . World Intellectual Property Organization iv PART ONE: Historical 1. Vagrants and Professionals. Give up your dream that they w i l l make An exception i n your case. What your mothers t o l d you Binds no one. — B e r t o l t Brecht, c.1928 Why have actors t r a d i t i o n a l l y c a l l e d t h e i r way of l i f e a p r o f e s s i o n ? In B r i t i s h Columbia, a c t i n g has been brought under p r o v i n c i a l labour law [Labour Relations Act, Employment Standards Act, Workers Compensation Act), and designated as 'employment' r a t h e r than ' p r o f e s s i o n a l engagement', the t r a d i t i o n a l term used by a c t o r s . Yet, B r i t i s h Columbia's actor/employees are s t i l l t r e a t e d l i k e p r o f e s s i o n a l s by reputable producers. They s t i l l behave l i k e independent • entrepreneurs; s e l l i n g a f i n i s h e d product when they d i s p l a y a .performance f o r producers and d i r e c t o r at an a u d i t i o n . These r e a l i t i e s are noted i n the Canadian Status of the A r t i s t Act (1992), which defines a c t i n g as a p r o f e s s i o n a l a c t i v i t y , and ac t o r s as independent c o n t r a c t o r s , under- the Canadian Artists and Producers Professional Relations Tribunal (CAPPRT). In p r a c t i c e , however, CAPPRT. regulates actors j u s t as the Canadian Labour Relations Board (CLRB) regulates'Crown Corporation-employees (SCCC 17-3-1992, 35:5). Under c o n f l i c t i n g s t a t u t e s , 1 the .status of. a c t o r s i n B r i t i s h Columbia i s p r o b l e m a t i c . Is the term ' p r o f e s s i o n a l a c t o r ' simply customary, as i n the case of p r o s t i t u t e s and hockey p l a y e r s ; merely d e s i g n a t i n g the few who are p a i d t o do what amateurs do f o r f r e e ? The matter of payment to p l a y e r s seems not to have been s u f f i c i e n t t o d e f i n e a c t i n g as a p r o f e s s i o n i n medieval England. At Hedon, i n Y o r k s h i r e , i n 1391, we f i n d the town ; •chamberlain making payment to Master W i l l i a m Reef and h i s companions f o r p l a y i n g on Epiphany morning i n the Chapel of St. Augustine. Probably these companions were a g i l d . (Chambers, 17). These were a company of ' a c t o r s ' p a i d f o r t h e i r performance, but they were not p r o f e s s i o n a l s ; they were l i k e l y r e h e a r s i n g p a r t -time and p l a y i n g f o r expenses, even as F r i n g e shows and E q u i t y Co-ops do i n Canada today. At Hedon i n 1391, t h r e e elements that made up the p o l i t i c a l economy of t h e a t r e d u r i n g much of the Middle Ages were i n p l a y : A l o c a l o f f i c i a l r e p r e s e n t i n g the town council...making a payment to a c r a f t g u i l d f o r a performance...in a venue p r e s i d e d over by an i n t e r n a t i o n a l a u t h o r i t y . The i n t e r n a t i o n a l a u t h o r i t y of the church over the t h e a t r e was tenuous, and began to s l i p away as l o c a l i n d u s t r y developed, as .demonstrated d r a m a t i c a l l y i n the ' s c r i p t ' of the E n g l i s h Sword Dance Play (Gassner & A l l e n , 110-113), where the ' f o l k ' triumph over the Church with l o c a l magic, i n the . s c i e n t i f i c guise of a v i s i t i n g quack. By the f i f t e e n t h century, the r u r a l economy had become 2 s t r o n g e r as peasant farmers and l e s s e e s used t e c h n o l o g i c a l i n n o v a t i o n t o achieve a g r e a t e r s u r p l u s (Langdon, 291). The t h e a t r e had become an i n t e g r a l p a r t of a growing cash.economy based on the products of the manor and the peasant farmer •flowing through the town market, and the goods of the town; g u i l d s and merchants f l o w i n g out to the c o u n t r y s i d e . (172-173). Under Tudor suppression, c o n t r o l of the performance venue had s l i p p e d from the Church. The " m u l t i p l i e r e f f e c t " of c u l t u r a l a c t i v i t y was r e c o g n i z e d by the medieval town merchants and c o u n c i l s , as i t . i s by c i v i c b o o s t e r s today. F.M S a l t e r p o i n t s out t h a t the t h e a t r e had become no l e s s an expensive undertaking i n the e a r l y s i x t e e n t h century than i t i s i n the l a t e t w e n t i e t h century. . . . g i l d members were not. the 'simple c r a f t s m e n 1 c o n t i n u a l l y spoken of by modern s c h o l a r s as the producers of mystery p l a y s . They were employers. ...a decent man c o u l d support h i s wife and f a m i l y f o r a year and. a h a l f on the sum of money which the Smiths p a i d f o r b u i l d i n g a c a r r i a g e [ f o r mystery play] i n 1561. ( S a l t e r , i n Gassner & A l l e n , .158). The town g u i l d s began to a s s e r t more a u t h o r i t y over the t h e a t r i c a l venue, and an e l a b o r a t e t h e a t r e began to move through the s t r e e t s of the market towns on g u i l d - f i n a n c e d wagons. Moreover, t h e g u i l d members who f i n a n c e d the t h e a t r e , d i d not n e c e s s a r i l y perform. The a c t o r s were l i k e l y a combination of g u i l d members, a l a r g e r number of a p p r e n t i c e s , some f a m i l y members and p a i d ' r i n g e r s ' . Since producing t h e a t r e was such an expensive 3 undertaking, the producers would l i k e l y have v i e d f o r the best performers. C e r t a i n members of the community, f o l l o w i n g the p a t t e r n i n t r a d i t i o n a l c u l t u r e s g e n e r a l l y ( r e g a r d l e s s of g u i l d t i e s ) , would have been i d e n t i f i e d p r i m a r i l y f o r t h e i r s k i l l s as performers. However, l o c a l renown and rewards d i d not c o n f e r s t a t u s . The l e g a l person i s a product of the c o n t r a c t between the person and the s t a t e . ...The l e g a l person i s o n l y one s i d e of the human i n d i v i d u a l , who has many other s i d e s . He may be a f r i e n d , an unpublished poet, a p r i v a t e r e l i g i o u s b e l i e v e r , i n none of which connections does he en t e r i n t o a c o n t r a c t of any s o r t . ...The l e g a l p e r s o n . . . i s not the whole person but that s i d e of a person which i s turned toward h i s formal connections- with s o c i e t y . In any such formal c o n n e c t i o n the law i s i n v o l v e d . Not a l l human i n d i v i d u a l s are granted l e g a l p e r s o n a l i t i e s , which are w i t h i n the p r o v i n c e of the law to bestow or w i t h h o l d . (Feibleman, 154). N e i t h e r the l o c a l r e c o g n i t i o n of a c t o r s nor the s a n c t i o n of the church a f f o r d e d p r o f e s s i o n a l s t a t u s t o a c t o r s , f o r they had no r e a l s t a t u s as persons. Then, i n her vagrancy Act of 1572 -- the f i r s t of the vagrancy a c t s t h a t s t r e t c h e d back t o the t w e l f t h century t o mention a c t o r s — E l i z a b e t h I d e c l a r e d . . . a l l Fencers Bearewardes Comon P l a y e r s .in E n t e r l u d e s & M i n s t r e l s , not belonging t o any Baron of t h i s realme or towards any other honorable Personage of g r e a t e r 4 Degree...which...shall wander abroade and have not Lycense of two J u s t i c e s of the Peace"; [offender] "to bee grevouslye whipped, and burnte through the g r i s t l e of the r i g h t Eare with a hot Yron of the compasse of an Ynche about. (1572 14 E l i z . , ch. 5, i n L i e s e n f e l d , 162). The Act i s our f i r s t r e c o r d of n a t i o n a l l e g i s l a t i o n r e c o g n i z i n g a d i s t i n c t i o n between a c t o r s , who would be d r i v e n - o f f and punished; and p r o f e s s i o n a l a c t o r s , to be l i c e n s e d and c o n t r o l l e d . The u n l i c e n s e d or n o n - p r o f e s s i o n a l a c t o r had s t a t u s , as an i n d i v i d u a l vagrant. P r o f e s s i o n a l a c t i n g companies were atta c h e d to persons who a f f o r d e d the company members- t h e i r l e g a l ' s t a t u s ' . The s t a t u s of the " p r o f e s s i o n a l " a c t o r was submerged i n the s t a t u s of h i s patron, while t h a t of the un-l i c e n c e d p l a y e r was a l l h i s own. Tudor c u l t u r a l p o l i c y made the a r i s t o c r a c y r e s p o n s i b l e f o r the p r o f e s s i o n a l p l a y e r s . The Crown or persons of a r i s t o c r a t i c s t a t u s p r o v i d e d f o r the companies' ge n e r a l upkeep a n d , r a i s e d or donated- e x t r a funds as needed, even as the Canada C o u n c i l , v o l u n t a r y a s s o c i a t i o n s , or n o n - p r o f i t Boards do v a r i o u s l y f o r our companies today. Though many of gentry owed t h e i r p o s i t i o n to the Crown, f o r g r e a t e r s u r e t y i t was the job of the J u s t i c e s of the Peace to balance the n a t i o n a l laws on t r e a s o n and r e l i g i o n set out by the Crown, a g a i n s t the needs and o p i n i o n s of the c i v i c powerbrokers. (Gleason, 6 9 f f . ) . The J u s t i c e s were drawn from " t r a n s p l a n t e d c o u r t i e r s , lawyers, or m e r c h a n t s d i g n i t a r i e s and c l e r g y . " r(31). U n l i c e n s e d t h e a t r e was suppressed, much as the s t a t e suppresses u n l i c e n s e d 5 t e l e v i s i o n s e r v i c e i n Canada today. One can imagine the a c t o r s ' company and the l o c a l inn-keeper arguing with the beadle or the t o w n . c o u n c i l , • i f a market town were s t i l l t r y i n g t o p r o t e c t i t s f a i l i n g monopoly on c u l t u r a l a c t i v i t y from t o u r i n g companies of l i c e n s e d p r o f e s s i o n a l s , u n t i l the J..P. s a r r i v e d to judge the v a l i d i t y of the company's documents. A l l being i n order, the p l a y or p r e p a r a t i o n s c o u l d proceed, l o c a l o f f i c i a l s and t h e i r c oncerns.notwithstanding. Under the Act of 1572, i n sta n d i n g f o r the. company, the "honorable Personage" had to be c a r e f u l that h i s company of p l a y e r s should not i m p l i c a t e him i n any tr e a s o n t h a t might emanate from the stage. The use of the stage f o r any c a t h o l i c o r r e b e l l i o u s propaganda was t r e a s o n . (Bellamy, 47-82)'. One popula r Tudor method o f punishment f o r t r e a s o n was a p p a r e n t l y modelled on what had been a d m i n i s t e r e d t o John O l d c a s t l e i n 1417, a man we know p r i n c i p a l l y as the i n s p i r a t i o n f o r Shakespeare's F a l s t a f f . O l d c a s t l e had been. hanged about the middle i n chains o f i r o n on a p a i r e o f gallowes a l i v e , a great f i r e made under him and about him and so was burned f o r h i s s a i d h e r e s i e and t r e a s o n . (182-227) . Depending on the s e v e r i t y of the charge, persons o f q u a l i t y who allowed t h e i r a c t i n g companies t o be used f o r propaganda c o u l d be drawn and quartered, have t h e i r p a r t s p a r b o i l e d , and t h e i r heads stuck on a gibb e t ; or they might be hanged u n t i l h a l f -dead, and then be brought down and disembowelled. There were reasons f o r the c l o s e c o n t r o l of l i c e n s e d , p r o f e s s i o n a l a c t o r s ; 6 what they d i d , and what they s a i d c o u l d leave t h e i r sponsor "a grave man." The 1572 Act re c o g n i z e d the a c t o r as a l e g a l i n d i v i d u a l who c o u l d be punished f o r having a p r o s c r i b e d s t a t u s ; or be l i c e n s e d , sponsored, and rewarded with p r o f e s s i o n a l s t a t u s . The Crown's r e c o g n i t i o n of p r o f e s s i o n a l a c t i n g companies from 1572 not o n l y made c u l t u r a l a c t i v i t y e a s i e r to c o n t r o l , but le s s e n e d the co m p e t i t i o n f o r the new p r o f e s s i o n a l c l a s s o f a c t o r s . I t was an economic as w e l l as a p o l i t i c a l d e v i c e ; i t supported the new p r o f e s s i o n a l t h e a t r e . E.K. Chambers, from h i s p a i n s t a k i n g examination of r e l e v a n t documents, notes t h a t a c t i n g was d e s c r i b e d by the P r i v y C o u n c i l as.a 'trade' i n 1581 and as a ' p r o f e s s i o n ' i n 1582. By 1592, the C o u n c i l would r e f e r to i t as a ' q u a l i t i e ' . (Thomson, 62). A f t e r 1572, n a t i o n a l c u l t u r a l p o l i c y under E l i z a b e t h sought to mix subsidy and s t a t e c o n t r o l o f the p l a y e r s with commercial and p u b l i c support gained through box o f f i c e r e c e i p t s and t o u r i n g . T h e i r s t a t u s s t i l l depended on t h e i r formal attachment to one of the t r a d i t i o n a l s t a t u s groups, the a r i s t o c r a c y . In a d d i t i o n t o the not un-pleasant duty of command performances, i n r e t u r n f o r the monopoly t h a t the Crown awarded"them through subsidy, the . companies were permitted, so that they might support themselves when not engaged d i r e c t l y by t h e i r b e t t e r s , to perform under l i c e n s e f o r the gen e r a l p u b l i c . ' U n t i l Tudor times, the performance of t h e a t r e f o r the p u b l i c had l a r g e l y been governed by the c i v i c a u t h o r i t i e s and g u i l d s ; i t had been a community-7 based a r t . L o c a l c u l t u r a l e n t e r p r i s e c o - e x i s t e d with .the i n t e r n a t i o n a l c u l t u r a l a u t h o r i t y of the church; working i n concert at times, and o f t e n i n com p e t i t i o n . With the opening o f the New World and the sudden p o s s i b i l i t i e s o f the accumulation of c a p i t a l from i t s plunder, England c o a l e s c e d i n t o a n a t i o n -s t a t e . (Morison, 470-478; In n i s , 30-52; Wright,-L., 12-15). To the extent that i n c o u l d be, the n a t i o n a l c u l t u r e would be shaped through l e g i s l a t i o n i n t o an instrument of n a t i o n a l w i l l . P u b l i c entertainment was a l i e n a t e d from both l o c a l custom and the i n t e r n a t i o n a l i s t b i a s o f the church. The development of England as a n a t i o n - s t a t e meant t h a t the p r o f e s s i o n o f a c t i n g , l i k e the p r o f e s s i o n of arms, would be conducted under l i c e n s e from the Crown. • . P o l i t i c a l c o n t r o l of the stage must i n v o l v e t h r e e elements: c o n t r o l o f the t e x t ; c o n t r o l o f the performance space;, c o n t r o l of the a c t o r s . Over the c e n t u r i e s , the examples are many and v a r i o u s of p l a y w r i g h t s who eluded the power that the s t a t e h e l d over t h e i r t e x t s . When t h e i r p l a y s c o u l d not be performed, i t was o f t e n the case, as with Gay and h i s P o l l y , that w r i t e r s made a good deal-more money through having the n o t o r i o u s p l a y p r i n t e d up f o r s a l e . By r e s t r i c t i n g t h e a t r i c a l commerce to l i c e n s e d p r o f e s s i o n a l s c l o s e l y t i e d to the new cen t r e s of c a p i t a l growing from the plunder of the New World by E n g l i s h s h i p s (Wright, L.B., 25-32), the Act of 1572 helped c r e a t e a p r o f e s s i o n a l t h e a t r e under n a t i o n a l l e g i s l a t i o n , at the expense of the Church and .regional producers. The push and p u l l f o r c o n t r o l of the th e a t r e s i n c e the Middle Ages has symbolized and sometimes 8 a m p l i f i e d the s t r u g g l e between the c e n t r a l i s t and d e c e n t r a l i s t p o l i t i c a l f o r c e s that are ever at work across the broad spectrum of n a t i o n a l and ( i n Canada) f e d e r a l governance and p o l i t i c a l economy. The A c t s passed to l i c e n s e the venues were a l s o p o l i t i c a l , though they are remembered best f o r t h e i r m o r a l i z i n g . The moral guise u s u a l l y c a l l e d i n t o q u e s t i o n the type of c h a r a c t e r s represented on stage, thus r e s t i n g on the a u t h o r i t y of the Poetics. ( A r i s t o t l e , 1456). P u r i t a n censure of the stage echoes the A r i s t o t e l i a n n o t i o n of a h i e r a r c h y of " i m i t i a t i o n " but without h i s even-handedness. Even the 1642 "Order f o r stage-p l a y s to cease" was c r a f t e d p r i m a r i l y to r e g u l a t e p u b l i c order and p u b l i c assembly i n a dangerous time, and o n l y i n c i d e n t a l l y to suppress the unseemly p r o d u c t i o n o f a r t . The Licensing Act passed' by the Commons, 24 June 17 37 was argued back and f o r t h on the grounds of v a r i o u s commercial and p r o p e r t y r i g h t s ; those who argued on the b a s i s of a r t i s t i c freedom were s c a r c e l y taken s e r i o u s l y . ( L i e s e n f i e d , 164-180). The Theatre Regulations Bill of 1843 i s t i e d i n t i m a t e l y to the A n t i - C o r n Law a g i t a t i o n , and. o n l y s l i g h t l y to the wish of the s t a t e to have more freedom of t h e a t r i c a l e x p r e s s i o n . A l o o s e n i n g of t h e a t r i c a l commerce (again, any l o o s e n i n g of t h e a t r i c a l e x p r e s s i o n was i n c i d e n t a l ) came somewhat with the Playhouse Act of 1843. The c u l t u r a l l e g i s l a t i o n that brought s t a t e - r e g u l a t e d " f r e e t r a d e " to the t h e a t r e came at the height of the A n t i - C o r n Law demonstrations. Drury Lane and Covent Garden both had p l a y e d p a i d host to A n t i -Corn Law meetings e a r l i e r t h a t same year (Armatige-Smith, 80-9 81). I t i s my s u s p i c i o n that Parliament was v i s i t i n g the patent h o l d e r s with a l i t t l e " f r e e t r a d e " of t h e i r own with which t o grapple, i n response to t h e i r p l a y i n g host t o the enemies of the government of the day. The l e g i s l a t i v e e x p r e s s i o n of the c o n t i n u i n g d i r e c t r e l a t i o n s h i p between the a c t o r and the Crown, l a t e r through Parliament was maintained through the Vagrancy A c t s . The unfortunate consequence of t h i s p o l i c y was th a t a c t o r s not att a c h e d to t h e a t r e s , the unprotected, those a c t o r s not l i c e n s e d by the s t a t e , c o u l d be s t r i p p e d naked to the waist and whipped u n t i l bloody, then sent to p l a c e of b i r t h of l a s t r e s i d e n c e . " (1597/98 39 E l i z . , ch. 4, i n L i e s e n f e l d , 162). By the Vagrancy Act of 1603, James I had taken the s o l e power t o r e g u l a t e and p r o t e c t "common P l a y e r s o f E n t e r l u d e s " unto h i m s e l f . James e l i m i n a t e d the p o s s i b i l i t y of an u n f r i e n d l y Baron or an independent-minded J u s t i c e o f the Peace coming between a troublesome a c t o r and h i s King, such t h a t from henceforthe no A u t h o r i t i e to be given or made by any Baron of t h e i s Realme or any other honourable Personage o f g r e a t e r Degree, unto any oth e r person or psons, s h a l l be a v a i l e a b l e to free, and di s c h a r g e the sa i d e psons, or any of them, from the Paines and Punishments i n the saide S t a t u t e mentioned... (1603/04 U a c . I , ch. 7. i n L i e s e n f e l d , 162). Power.to r e g u l a t e the p l a y e r s became a r e l a t i o n s h i p between the p l a y e r (alone or i n company) and the King. The a c t o r ' s s t a t u s was no longer submerged i n that of h i s patron. T h i s unequal 10 i n t i m a c y devolved from the Monarch to Parliament as England became a c o n s t i t u t i o n a l s t a t e . I t was through the Vagrancy A c t s that', the i d e n t i t y of the E n g l i s h - s p e a k i n g a c t o r as a p a r t i c u l a r kind of " p r o f e s s i o n a l " who i s p r o t e c t e d , punished, and r e g u l a t e d by the s t a t e was formed. Through the Vagrancy A c t s , the Crown s i g n i f i e d i t s a f f e c t i o n f o r the u n - l i c e n c e d , f r e e l a n c e a c t o r ; i t s d e s i r e . . . f o r the more e f f e c t u a l p u n i s h i n g such rogues and vagabonds sturdy beggars and vagrants and sending them whither they ought to be sent. (1714 12 Anne 2, ch. 23, i n L i e s e n f e l d , 163). What i s h i s t o r i c i n the Vagrancy Acts i s not the base q u a l i t y of the Crown's a f f e c t i o n , but the g r a n t i n g of s t a t u s to the i n d i v i d u a l a c t o r . The a c t o r ' s s t a t u s , which may be c h a r a c t e r i z e d as the a c t o r ' s p l a c e i n the s o c i a l c o n t r a c t , or the a c t o r s ' c o n t r a c t with society, (see Feibleman, above)--, expressed i n the A c t s of 1572, 1597/98, 1603/04, 1714 and 1737--s u r v i v e s i n Part I of the S t a t u s of the Artist Act (1992)'. The r e l a t i o n s h i p between the i n d i v i d u a l a r t i s t and the Crown has improved somewhat, e v o l v i n g s i g n i f i c a n t l y from "to bee whipped u n t i l bloody", t o : 2. The Government of Canada hereby re c o g n i z e s (a.) the importance of the c o n t r i b u t i o n of a r t i s t s t o the c u l t u r a l , s o c i a l , economic and p o l i t i c a l enrichment of Canada. (b). the importance to Canadian s o c i e t y of c o n f e r r i n g on a r t i s t s a s t a t u s that r e f l e c t s t h e i r primary r o l e 11 i n d e v e l o p i n g an enhancing Canada's a r t i s t i c and c u l t u r a l l i f e , and i n s u s t a i n i n g Canada's q u a l i t y of l i f e ; (c) the r o l e of the a r t i s t , i n p a r t i c u l a r to express the d i v e r s e nature of the Canadian way of l i f e and i n d i v i d u a l and c o l l e c t i v e a s p i r a t i o n s of Canadians; (d) that a r t i s t i c c r e a t i v i t y i s the engine f o r the growth and p r o s p e r i t y of dynamic c u l t u r a l i n d u s t r i e s i n Canada;, and (e) the importance to a r t i s t s t h a t they be compensated f o r the use of t h e i r works, i n c l u d i n g the p u b l i c l e n d i n g r i g h t of them. (44-41 E l i z a b e t h I I , 23 June, 1992) Yet, under the p r o v i s i o n s of Part II of the Status of the A r t i s t Act: The Canadian A r t i s t s and Producers Professional Relations Tribunal (CAPPRT), the t r u e t e s t of the p r o f e s s i o n a l a c t o r i s s t i l l her r e c o g n i t i o n as such by the s t a t e . How i s such r e c o g n i t i o n gained v i a CAPPRT? In some ways, as i t was under E l i z a b e t h I. To r e g u l a t e the p l a y e r s , E l i z a b e t h r e l i e d on e s t a t e s t a t u s ( c l e r g y , a r i s t o c r a c y , j u s t i c e s of the peace) i n f o r m u l a t i n g l e g i s l a t i o n to enable the p r o f e s s i o n a l t h e a t r e . The s t a t u s of the p l a y e r s , f o r m e r l y r e s i d i n g i n the Church, g u i l d s and town c o u n c i l s , was merely t r a n s f e r r e d to the a r i s t o c r a c y , watched over by the J.P.'s. L e g i s l a t i o n under James I e s s e n t i a l l y r e c o g n i z e d that t h e . a c t o r ' s s t a t u s had to be separated from t h a t of the a r i s t o c r a t i c p atron i f the Crown were t o keep i t s i n f l u e n c e over the stage as the o l d medieval e s t a t e s 12 that had mediated the relationship between the state, and the actor were crumbling. In Canada today, professional recognition i s contingent upon the attachment of the actor to some responsible authority. The Crown has i n c l i n e d toward the national professional association as the authority for a r t i s t s , and the national service organization for producers. In B r i t i s h Columbia,' recognition by the state has been awarded to p r o v i n c i a l trade unions, which represent employees. The d e f i n i t i o n s of the federal vs. the p r o v i n c i a l system — independent contractor vs. employee — are mutually exclusive; as i s the d e f i n i t i o n of what constitutes a responsible authority representing actors. In neither case, though, does the i n d i v i d u a l a r t i s t have "status". Does that i n d i v i d u a l non-status ali g n with the a r t i s t ' s "primary role",. defined i n Part I of the Act? Unless she i s grieving against her association or union, the i n d i v i d u a l a r t i s t i s not given status at.either the federal t r i b u n a l or the p r o v i n c i a l board, both of which bind actors to c o l l e c t i v e agreements; contracts to which they are a t h i r d party. • Maine made a true judgement when he wrote that "the • movement of the progressive s o c i e t i e s has been from status •' to contract. (Feibleman, 153). • •'• In Canada, c u l t u r a l p o l i c y has turned away from the Jacobean idea that the actor's status-is, f i n a l l y , a s o c i a l contract between each actor and the Crown. We have t r i e d to solve the issue of actors'.status using a labour relations 13 model. As a r e s u l t , we have submerged the a c t o r ' s s t a t u s i n the a s s o c i a t i o n or union j u s t as Tudor l e g i s l a t i o n had submerged the a c t o r ' s s t a t u s i n the a r t i s t o c r a t ' s " A u t h o r i t i e " . Theatre s o c i e t i e s , f i l m producers, unions and the a s s o c i a t i o n s may have s t a t u s as p a r t i e s to a c o l l e c t i v e agreement t h a t i s c e r t i f i e d f e d e r a l l y or p r o v i n c i a l l y . The " r i g h t of a s s o c i a t i o n s r e p r e s e n t i n g a r t i s t s to be re c o g n i z e d i n law" i s e s t a b l i s h e d i n the f e d e r a l Act (3(b). The p r o f e s s i o n a l a c t o r ' s s t a t u s i s s t i l l submerged i n the s t a t u s of the patron, p r o v i n c i a l l y and f e d e r a l l y , where the judgements of Tribunal, Board, and Committee answerable to Cabinet have succeeded J u s t i c e s of the Peace s u b j e c t t o the whim of the monarch. A r t i c l e 4 of the Status of the A r t i s t Act p r o v i d e s f o r a.Canadian Council on the Status of the Artist, which may, over time, address these i s s u e s . 2. The House Un-American Activities Committee. When i n q u i r i n g r e c e n t l y i n t o the enforcement of immigration law and the Employment Standards Act i n f i l m and t h e a t r e , the response — from an o f f i c a l i n the Employment Standards Branch, and from an aide to my member of Parliament — was that no a c t i o n was being taken or contemplated. Both p a r t i e s s a i d that i n a c t i o n was due to the " s e n s i t i v e " nature of the f i l m b usiness i n B r i t i s h Columbia. They both used the same word --" s e n s i t i v e " . In 1962, the f o l k - s i n g i n g group the Weavers had an 14 appearance on The Jack Paar Show c a n c e l l e d because they r e f u s e d t o s i g n a " l o y a l t y oath." John de J . Pemberbeton J r . , E x e c u t i v e D i r e c t o r of the American Civil Liberties Union (ACLU) wrote to Newton Minnow, then C h a i r of the U.S. Federal Communications Commission: . . . P u b l i c entertainment i s not e q u i v a l e n t to ' s e n s i t i v e ' p o s i t i o n s i n government or defense work. I t i s i n c o n c e i v a b l e t h a t a performer c o u l d t h r e a t e n n a t i o n a l s e c u r i t y by earning h i s l i v i n g - i n f u l l h e a r i n g and view of the p u b l i c on r a d i o and t e l e v i s i o n . . . (Gumpert, i n Koenig, 250) . The U.S. Congress' House Un-American A c t i v i t i e s Committee i s best remembered f o r i t s wholesale sweep through the l i b e r a l wing of the f i l m , t e l e v i s i o n and r a d i o w r i t e r s ' and a c t o r s community. L i t t l e i s s a i d about i t s e f f o r t s among stage f o l k and the damage i t d i d to the American t h e a t r e i s l a r g e l y f o r g o t t e n ; so stage a c t o r s may be f o r g i v e n f o r t h i n k i n g that the v a r i o u s HUAC hearings, and the b l a c k l i s t s t h a t they spawned, were onl y a problem f o r movie people and i s s t r i c t l y a p a r t of t h e i r p a s t . I t seems n a t u r a l and r i g h t t o most stage a c t o r s that they should t u r n away from the problems of t h e i r cinema c o l l e a g u e s . T h i s i s t r u e i n both the U.S. and Canada. A f t e r a l l , why should a s t r u g g l i n g stage a c t o r ( i s there any o t h e r kind?) be o v e r l y w o r r i e d about a t.v. or movie hack who earns i n one day what the- t r u e t h e s p i a n makes in- about s i x weeks? Yet, the former U.S. House Un-American Activities Committee, l i k e our c u r r e n t f e d e r a l Standing Committee on Communications and 15 Culture, and our B r i t i s h Columbia Industrial Relations Council, d i d not f e e l that i t had to c o n f i n e - i t s e l f t o i n v e s t i g a t i n g the movies; the t h e a t r e and a l l i e d a r t s are f a i r game, (see BCIRC #C13/90; BCIRC #C108/90). In i t s 1938 hearings, HUAC began i t s long l i f e by i n i t i a t i n g the d e s t r u c t i o n of the Fe d e r a l Theatre P r o j e c t , a New Deal i n i t i a t i v e t h a t produced n e a r l y 1,000 p l a y s between 1935 and 1939. The F e d e r a l Theatre was headed by H a l l i e Flanagan, who had been one of the p r i n c i p a l s o f the Provincetown P l a y e r s , and a f r i e n d and a s s o c i a t e of Eugene O ' N e i l l and of t h e i r mutual f r i e n d s , John Reed, L o u i s e Bryant, Max Eastman and Emma Goldman. While Flanagan shepherded the amateur Provincetown P l a y e r s toward p r o f e s s i o n a l s t a t u s ( j u s t as she had the c a r e e r of Emma Goldman, as much an a c t r e s s as she was r e v o l u t i o n a r y ) , the f i r s t genuine p r o f e s s i o n a l a c t o r they engaged was Ch a r l e s G i l p i n , who thus became the f i r s t A f r i c a n American to p l a y a l e a d on Broadway, i n O ' N e i l l ' s The Emperor Jones. G i l p i n was r e p l a c e d i n t h a t r o l e by Paul Robeson, who went on to p l a y the l e a d i n All God's Chillun Got Wings, f o r which t e m e r i t y both he and O ' N e i l l r e c e i v e d death t h r e a t s . F r a n k l i n Roosevelt h i m s e l f had asked H a l l i e Flanagan to head the F e d e r a l Theatre P r o j e c t , and she brought on board such l u m i n a r i e s as. Elmer Rice, Orson Welles, and John Houseman t o p a r t i c i p a t e i n a number of landmark p r o d u c t i o n s . In h i s v a l u a b l e documentary r e c o r d of the p e r i o d , a c t o r Robert Vaughn p o i n t s out that H a l l i e Flanagan's company s t i l l remains unique i n the tw e n t i e t h century [as] the . n a t i o n ' s . f i r s t and on l y n a t i o n a l l y s u b s i d i z e d F e d e r a l Theatre (Vaughn, 39) Theatres that c o u l d j u s t i f i a b l y be c a l l e d "communistic" were such amateur .companies as the League of Workers Theatres and the Labour Stage i n New York, and the Progressive Arts Clubs i n Canada. The Progressive Arts Club of Vancouver, c o n s i s t i n g mainly of kids drawn from the Ukrainian Youth Club, beat the " e l i t e " Vancouver Little Theatre i n zone co m p e t i t i o n and went on to win at the 1935 Dominion Drama Festival f o r the best p l a y i n E n g l i s h . The F e s t i v a l t h a t year was a d j u d i c a t e d by the eminent Shakespearian, Harley G r a n v i l l e Barker, who cared l i t t l e f o r Canadian p o l i t i c s — t h e a t r i c a l or otherwise — but l o v e d good t h e a t r e (Bray, 106-122). The Royal Canadian Mounted P o l i c e saw such a c t i v i t y somewhat d i f f e r e n t l y , a d v i s i n g i n a s e c u r i t y memo on the New Theatre Group of Montreal t h a t Under the c l o a k of r e s p e c t a b i l i t y [they manage] to a t t r a c t persons who o r d i n a r i l y would never t h i n k of a s s o c i a t i n g themselves with the open Communist movement. The membership i s c o n s t a n t l y growing. (Kealey & Whitaker, 8). At worst the Party used the -theatre as b a i t , and propaganda, and the t h e a t r e used the Party as f i n a n c i e r s and p u b l i c i s t s . At best, i n an era b e f o r e community c e n t r e s , a Workers' Sports Association, a Progressive Arts Club, or the Party i t s e l f , p r o v i d e d a forum f o r the emerging p o l i t i c a l and c u l t u r a l consciousness of the l a r g e l y immigrant membership. I t i s notable t h a t i n 1936, when the B.C. government formed PRO REC (a "New Deal" type of t r a v e l l i n g community centre t h a t gave s p o r t s e x h i b i t i o n s and taught a t h l e t i c s and p h y s i c a l c u l t u r e ) , the 17 Workers-' Sports A s s o c i a t i o n l o c a l s ' d o n a t e d t h e i r equipment t o the new government i n i t i a t i v e . An i n c r e a s i n g s o c i a l i s m of p h y s i c a l c u l t u r e , education and medical care were a l l happy compromises f o r the r a d i c a l immigrant c l a s s . As soon as the s t a t e showed t h a t i t was w i l l i n g to take up s o c i a l and c u l t u r a l i n i t i a t i v e s , the immigrant r a d i c a l c l a s s l o s t i t s f e r v o r . (Soderholm, 27). As community c e n t r e s were b u i l t a f t e r the war, t o u r i n g o r g a n i z a t i o n s l i k e PRO REC were r e p l a c e d by l o c a l v o l u n t a r y o r g a n i z a t i o n s and b u r e a u c r a c i e s i n s p o r t s , h e a l t h and c u l t u r a l a c t i v t i e s . The Communist Party sponsorship of t h e a t r e and p h y s i c a l c u l t u r e i n the 1930's was s h o r t - l i v e d ; swept away by World War I I . By the time the House Un-American A c t i v i t i e s Committee (HUAC) got around t o those r a d i c a l a c t o r s o f the'-'30 1 s-who had been lu c k y enough t o move t h e i r naive i d e a l i s m t o Hollywood, the American c l a s s s t r u g g l e had given way to Pax Americana. In 1951, a c t o r and former Group Theatre member John G a r f i e l d (Golden Boy, Body and Soul) was a l l e g e d by HUAC to have signed a 1949 p e t i t i o n t h a t accused the Committee o f the "use of h e a d l i n e scare t a c t i c s t o i n t i m i d a t e and to induce an atmosphere of f e a r and r e p r e s s i o n which i s repugnant t o our most p r e c i o u s American a c t i v i t i e s . . . " (Vaughn 141) and c a l l e d f o r the a b o l i t i o n o f HUAC. Robert Vaughn has documented how the Commmitte g r i l l e d a c t o r G a r f i e l d . [Rep. Jackson:] "And you contend that d u r i n g the 7 1/2 years or more t h a t you were i n Hollywood and i n c l o s e • c o n t a c t with a s i t u a t i o n i n which a number of Communist 18 c e l l s were o p e r a t i n g on a week-to-week b a s i s , with e l e c t r i c i a n s , a c t o r s , and every c l a s s represented, that d u r i n g the e n t i r e p e r i o d of time you were i n Hollywood you d i d not know of your own p e r s o n a l knowledge a member of the Communist P a r t y ? " G a r f i e l d s a i d t h a t was " a b s o l u t e l y c o r r e c t . " G a r f i e l d concluded h i s testimony by saying, "I am a Democrat by p o l i t i c s , a l i b e r a l by i n c l i n a t i o n , and a l o y a l c i t i z e n of t h i s country by every act of my l i f e . " (Vaughn 141-142). Roy M. Brewer, the Hollywood r e p r e s e n t a t i v e of the I n t e r n a t i o n a l A l l i a n c e of T h e a t r i c a l Stage Employees (IATSE), had been a ' f r i e n d l y witness' b e f o r e HUAC i n 1947. He r e t u r n e d to t e s t i f y a g a i n s t G a r f i e l d . I t was Brewer's impression the John G a r f i e l d had been a l i g n e d with'Communist-front groups, and c o n t r a r y to the a c t o r ' s testimony, Brewer f e l t i t was i m p o s s i b l e f o r a man to be i n the p o s i t i o n the a c t o r was and not be aware that there was a Communist movement i n Hollywood (Vaughn 14 6). Brewer had taken the helm of IATSE i n Hollywood a f t e r h i s predecessors, the n o t o r i o u s team of Browne and B i o f f , had gone to j a i l f o r a c c e p t i n g p a y - o f f s from the s t u d i o s i n exchange f o r a. guarantee of labour peace. When he was i n d i c t e d i n 1941, B i o f f had a s s e r t e d t h a t the r e a l problem was the communists, c l a i m i n g "The unions on the West Coast are i n f e s t e d with communism. We e x p e l l e d eighteen members du r i n g the l a s t f o u r years on charges that they were members of the Communist Party. We e l i m i n a t e them as f a s t as we can." ( i n Moldea, 36). 19 One of those expelled members, instrumental in the f a l l of Browne and Bioff, was J e f f Kibre, a second-generation Hollywood set painter. Kibre had organized the Conference of Studio Unions {Screen Cartoonists Guild, Screen Office Employees Guild, Film Technicians Local 683, Machinists Local 1185, Motion Picture Painters Local 644) before his absolute i n a b i l i t y to f i n d work caused him to leave Hollywood. Kibre "eventually became an organizer for the United Auto Workers and l a t e r helped organize the fishermen's union." (Moldea 67) In 1945, his successor as CSU leader, Herb S o r r e l l , led a s t r i k e as the result of a j u r i s d i c t i o n a l dispute with IATSE. The s t r i k e was broken in a bloody confrontation i n October, 1945. In Dark Victory: Ronald Reagan, MCA and the Mob, Dan Moldea c i t e s the autobiography Where's The Rest of Me?, in which Ronald Reagan quotes Roy Brewer as saying, "Well, there was some Teamsters thing that was questionable, but they were on our side, as far as I was concerned, I was with fellows who were trade unionists. They were our a l l i e s . " (Reagan, 121 in Moldea) In co-operation with the studios and with help from t h e i r a l l i e s , IATSE crossed the l i n e and broke the CSU s t r i k e . In 1946, the National Labour Relations Board (NLRB). awarded j u r i s d i c t i o n to bargain for Hollywood decorators to the CSU over IATSE. Brewer charged that the NLRB "was completely under the control of the communists" and his union and the studios ignored the r u l i n g . Reagan l e t s Brewer explain his position in his own words: 20 "The r e l a t i o n s h i p with the employers has always been a c l o s e one," Brewer s a i d , "...the p o i n t i s t h a t we l i v e d i n an i n d u s t r y , and we had the i n d u s t r y and i t s w e l f a r e i n common. Our l e a d e r s have always understood that i f they d i d n ' t make money, we wouldn't get i t . So you had to he l p them make money to get i t . " (91) The CSU went on s t r i k e again. The Screen A c t o r s G u i l d got i n v o l v e d and an a r m i s t i c e o f s o r t s was- n e g o t i a t e d , c a l l e d "The Tr e a t y of B e v e r l y H i l l s . " In Ronald Reagan's c o n s i d e r e d o p i n i o n , What the communists wanted t o do i n terms of the CSU s t r i k e was to shut down the i n d u s t r y . . . (199) Peace d i d not l a s t long; the CSU s t r u c k again i n l a t e 1946. The s t u d i o s turned the s t r i k e i n t o a lo c k - o u t , at which p o i n t the • Screen A c t o r s G u i l d , l e d by George Montgomery, George Murphy and Ronald Reagan ( a l l ' f r i e n d l y w i t n e s s e s ' at the HUAC hearings) c r o s s e d the p i c k e t l i n e s . There were a few communists i n the movie industry-, and a few gangsters as w e l l , but the war th a t p l a y e d i t s e l f out i n code at the. HUAC hearings was fought over the s i n g l e i s s u e of who, f i n a l l y , would c o n t r o l the tenor of U.S. c u l t u r a l product... the f i c k l e a r t i s t s who made i t , or the s k i t t i s h c a p i t a l t h a t f i n a n c e d i t ? U n t i l the post-WWII era, l a b o u r union p h i l o s o p h y i n North America had been s p l i t between two camps: the i n d u s t r i a l , and the c r a f t unions. The i n d u s t r i a l camp based t h e i r economic a n a l y s i s on the primacy of labour and thus saw c l a s s s t r u g g l e as i n e v i t a b l e ; u n t i l the end of the Depression, the g r e a t e s t danger 21 to c a p i t a l came from the i n d u s t r i a l unions. The c r a f t unions were more i n c l i n e d to accept the n a t u r a l r o l e of c a p i t a l as the engine of the economy, and r e c o g n i z e an ascending h i e r a r c h y of labour d i v i d e d along c r a f t l i n e s , h i g h l i g h t i n g the d i f f e r e n c e s between s k i l l e d and u n s k i l l e d , b l u e - c o l l a r , w h i t e - c o l l a r , e t c . The s t u d i o moguls had to contend with a p l e t h o r a of unions, d i v i d e d along c r a f t l i n e s and r i d d l e d with j u r i s d i c t i o n a l d i s p u t e s , any of which c o u l d i n t e r f e r e with g e t t i n g the product out at any stage, from conception to d i s t r i b u t i o n . The task of s t u d i o labour r e l a t i o n s was to maintain the h i e r a r c h i c a l d i v i s i o n s among labour to ward o f f c l a s s s t r u g g l e while m a i n t a i n i n g i n d u s t r i a l d i s c i p l i n e by a s s u r i n g t h a t no one c r a f t group c o u l d act on i t s own to stop p r o d u c t i o n and endanger investments. Even Walt Disney was not immune. ...the s h o r t e r Disneys o f t e n p r e s e r v e the tenderness o f h i s e a r l y work, even i f the s u r f a c e i s v i o l e n t ; but the i n d u c t i o n o f f e a r or h o r r o r has become a d e l i b e r a t e purpose of h i s major p i e c e s . ...The s h o r t s . . . d i d not pay w e l l , d i s t r i b u t i o n of s h o r t s being c o n t r o l l e d by major s t u d i o s ; Disney e l a b o r a t e d h i s techniques, b u i l t a huge s t u d i o , and drew i n the k i n d of investment that f i n a n c e s the major companies. He was compelled to go i n t o q u a n t i t y p r o d u c t i o n . . . (Seldes, 283-284). The s t u d i o s d i d n ' t make 'sweet-heart' d e a l s with the c r a f t unions d i r e c t l y . They made them with o u t s i d e f o r c e s such as Browne and B i o f f , paying them f o r t a k i n g , and e x e r c i s i n g c o n t r o l over-the unions. 22 The s t u d i o s seemed to p r e f e r r a c k e t e e r s to commies because they f e l t they c o u l d work with them. The Party on the o t h e r hand, was an i n s i d i o u s , s u b e r s i v e menace. Walt Disney, i n h i s 1947 testimony before the House Committee on Un-American Activi ties . . . s a i d t h a t there had been a s t r i k e at h i s s t u d i o , a s t r i k e t h a t i n D i s n e y ' s . o p i n i o n was i n s t i g a t e d by the Communist Party. Disney i d e n t i f i e d Herbert K. S o r r e l l as J the l e a d e r of the group i n i t i a t i n g the a l l e g e d p a r t y takeover. MR.DISNEY: '...The t h i n g t h a t I resent most i s t h a t they are able to get i n t o these unions, take them over, and represent to the world that a group of people that are i n my p l a n t [ c a r t o o n i s t s ] , t h at I know are good, 100 per cent Americans, are trapped by t h i s group... (Vaughn, 84) . C o n t r o l l i n g the a r t i s t s ' unions was a somewhat s u b t l e b u s i n e s s , but the "Red s c a r e " allowed the i n d u s t r y to use the power of Congress to achieve the same l e v e l of f e a r i n the a r t i s t s ' unions that the r a c k e t e e r s had once engendered among the c r a f t unions. Even i f we accept t h a t u l t i m a t e l y the Popular- Front was a massive f r a u d p e r p e t r a t e d by the Cominintern on 'boudoir b o l s h e v i k s ' who would be made to 'walk the plank i n good •time,' i t set i n motion an i n t e r a c t i v e process that was not remotely c o n t r o l l a b l e on a d a i l y b a s i s . (Manley, 24). By the 1950's, even the 'boudoir b o l s h e v i k s ' were so few, and had .so l i t t l e i n f l u e n c e , t h a t not enough evidence of " s u b v e r s i o n " was ever accumulated to j u s t i f y anything but 23 government'inaction f o l l o w i n g the HUAC witch-hunts. For. a l l the b l i g h t e d l i v e s and r u i n e d c a r e e r s , as Robert Vaughn observes: •Through thousands of i n v e s t i g a t i o n s over.a twenty-year p e r i o d , i n and out of the entertainment world, no law o r laws remotely e s s e n t i a l to the s e c u r i t y of the n a t i o n ever r e s u l t e d from the committee's work. (Vaughn, 237). There were Communists and communist sympathizers i n the f i l m i n d u s t r y . One genuinely committed 'boudoir b o l s h e v i k ' , John Howard Lawson — a s c r e e n w r i t e r (i n c l u d i n g . A c t i o n in the North-Atlantic, s t a r r i n g V i n c e n t Masse.y's b r o t h e r , Raymond), play w r i g h t , and long-time sponsor and propagandist f o r l e f t - w i n g causes — was a member of the "Hollywood Ten" c i t e d f o r contempt Of Congress at the 1947 HUAC h e a r i n g s . Lawson was 'also a c r i t i c , and t h e o r i s t . In h i s i n t r o d u c t i o n to 1960 r e p r i n t of the the 1949 r e v i s e d e d i t i o n of h i s book Theory"and Technique of Playwriting, (1936) Lawson s t a t e s , There are those who regard the - c u l t u r e . o f the t h i r t i e s as dead and best f o r g o t t e n . The q u e s t i o n need not be debated here — except i n s o f a r as t h i s book o f f e r s testimony, t o the c o n t r a r y . My b e l i e f s have not changed, nor has. my.fervor abated. I can hope t h a t my understanding has r i p e n e d . But I see no need t o modify or r e v i s e the theory of dramatic a r t on which t h i s work i s based. (Lawson, v i i ) . Lawson's "theory," unchanged s i n c e a t . l e a s t the 1930's, y i e l d s such gems as, " S o c i a l i s t r e a l i s m i s . a method of h i s t o r i c a l .analysis and s e l e c t i o n , designed t o gain the g r e a t e s t dramatic compression and e x t e n s i o n . " (Lawson, 208) In 1960, Lawson saw 24 no need to r e v i s e t h i s judgement. By 1963, even the P r e s i d e n t of the So v i e t w r i t e r s ' union had been d e - S t a l i n i z e d : when [Khruschev] s a i d i n h i s memorable c o n c l u d i n g address at the Twenty-second Congress: " I t i s our duty t o go c a r e f u l l y i n t o a l l aspects of a l l matters connected with the abuse of power. In time we must d i e , f o r we are a l l mortal, but as long as we go on working we can and must c l a r i f y many t h i n g s a n d - t e l l the t r u t h t o the Party and the peo p l e . . . T h i s must be done t o prevent such t h i n g s from happening i n the f u t u r e . " (Tvardovsky, fwd. to Solzhenitz'yn, One'Day in the Life of Tvan Denisovich, New York, 1963) Lawson uses up most of h i s 1960 i n t r o d u c t i o n i n d e n i g r a t i n g the work of other p l a y w r i g h t s . In A r t h u r M i l l e r ' s p l a y s , " F a l s e concepts of mans' r e l a t i o n t o r e a l i t y i n h i b i t t h e a t r i c a l i n v e n t i v e n e s s and p a r a l y z e the c r e a t i v e i m a g i n a t i o n . " Tennessee W i l l i a m ' s work i s " v i s c e r a l and min d l e s s . " Samuel Beckett's a r t shows "indeterminacy which denies a l l dramatic meaning." Lawson re s e r v e s what l i t t l e p r a i s e he can muster f o r oth e r p l a y w r i g h t s to the p o l i t i c a l l y M a r x i s t 0'Casey and the m o r a l l y ambiguous Brecht, who, he claims, " d e f i n e s the kind of heroism which i s new and yet a s . o l d as l i f e . . . " As f o r the a e s t h e t i c legacy of S o c i a l i s t Realism, the a r t of the Butcher of the Ukraine, i t has amounted very n e a r l y to nothing. The U.S., by v i r t u e of having an entertainment i n d u s t r y , had p r o v i d e d f o r the r e g u l a t i o n of t h e i r a c t o r s under the N a t i o n a l Labour R e l a t i o n s Board, a q u a s i - j u d i c i a l body, s i n c e 25 1935. Actors seeking protection from p o l i t i c a l interference in t h e i r work could f i n d i t under the F i r s t Amendment (freedom of speech) and F i f t h Amendment (freedom from self-incrimination) of the U.S. constitution. In the U.S., the size and strategic importance of the theatre and f i l m industries destined actors to be professional employees rather than independent contractors, regulated by national labour law and subject to employer d i s c i p l i n e . In Canada, government and the arts were to be kept at arms-length, which dictated that actors should be s e l f -employed professionals. The House Un-American A c t i v i t i e s Committee of the U.S. Congress presented a sobering alternative to the Massey Commission's arms-length Council For The Arts, Letters, Humanities and Social Sciences. The Canadian plan was a mere s h i f t from abject neglect to benign neglect. Canadian actors conducted t h e i r a f f a i r s under common law and contract law, as independent contractors who formed voluntary associations to administer t h e i r professional ethics and bargain for them with a national, voluntary, producers organization. A generation l a t e r , and three Acts of the Legislature and a dozen and a half Industrial Relations Council and Labour Relations Board'decisions control the.same actors by submerging t h e i r status i n c o l l e c t i v e s governed by q u a s i - j u d i c i a l appointed bodies that are not without t h e i r own p r i o r i t i e s . Simply put, actors have lost the most i n the bidding to att r a c t foreign investment to B.C. A f i l m can q u a l i f y as Canadian by engaging a t o t a l of two Canadian actors out of a cast of, say, twenty. There i s a need...because of the fundamental importance of 26 f o r e i g n p r o d u c t i o n i n B r i t i s h Columbia, to ensure t h a t every reasonable and d e f e n s i b l e e f f o r t i s made to a t t r a c t as much f o r e i g n p r o d u c t i o n as p o s s i b l e . In t h i s areas the r o l e of the B.C. F i l m Commission has been c r u c i a l , and more r e c e n t l y , as independent producers i n the U n i t e d S t a t e s have begun to experience d i f f i c u l t y i n a r r a n g i n g i n t e r i m f i n a n c i n g f o r t h e i r p r o d u c t i o n s , the Export Loan Guarantee Program...(open e q u a l l y to both f o r e i g n and Canadian p r o d u c t i o n , though the l a t t e r would r a r e l y q u a l i f y ) . . . o p e r a t e d by the B.C. Trade Development C o r p o r a t i o n , has begun to p l a y a • s i g n i f i c a n t r o l e i n making B.C. a more a t t r a c t i v e l o c a t i o n . (Audley, March 1993, 72). The Export Loan Guarantee Program, vaunted i n 1993, had' l o s t over $6 m i l l i o n d o l l a r s i n unsecured loans by 1995. Government mistakes may be s e n s i t i v e . D i r e c t f o r e i g n investment i n Hollywood North i s s e n s i t i v e , c e r t a i n l y ; s e n s i t i v e about immigration r e s t r i c t i o n s , employment standards, f r i n g e b e n e f i t s , taxes and r e s i d u a l s . In order to a t t r a c t b u s i n e s s to the p r o v i n c e , concessions can get made, standards may not be a p p l i e d , and heads may be turned. 3. Vincent Massey and the Canadian Mosaic. Vincent Massey,.. then Canadian High Commissioner to the U n i t e d Kingdom, noted i n h i s d i a r y of 19 J u l y 1943, an a f t e r -d i n n e r speech given by a c t o r Adolphe Menjou i n London: 27 The words came i n a t o r r e n t , a mixture of p e r s o n a l v a n i t y , Anglo-American s e n i t m e n t a l i t y and American Imperialism. - ( B i s s e l l n., 335) . Adolphe Menjou, who might a c c u r a t e l y be d e s c r i b e d as having been a "super" f r i e n d l y HUAC witness, t e s t i f i e d a few days b e f o r e Walt Disney i n 1947. He a l s o i d e n t i f i e d CSU l e a d e r Herb S o r r e l l as a communist. Menjou was asked, "Do you have your very d e f i n i t e s u s p i c i o n s about some members of the Screen A c t o r s G u i l d ? " The a c t o r r e p l i e d , "I know a great many people who act an awful l o t l i k e Communists." Menjou a l s o gave h i s o p i n i o n on post-war disarmament: "I b e l i v e America should arm to the t e e t h . I b e l i e v e i n u n i v e r s a l m i l i t a r y t r a i n i n g . " (Vaughn 81-82). Menjou's sentiments r e c a l l another Massey d i a r y e n t r y from 1943, n o t i n g a c o n v e r s a t i o n about post-war p r o s p e c t s from America with h i s t o r i a n John Wheeler-Bennett as a most d e p r e s s i n g account of the American scene -anglophobia, i s o l a t i o n i s m , no p a s s i o n a t e i n t e r e s t i n the European war, growing r e a c t i o n i n domestic p o l i t i c s e t c . e t c He s a i d q u i t e d e f i n i t e l y t h a t i t was the d e s i r e of o f f i c i a l Washington, i n c l u d i n g Americans of v a r i e d types of .mind, to detach Canada from the B r i t i s h Commonwealth .i'n o rder to make her more amenable to American i n f l u e n c e . ( B i s s e l l n., 335). The i n i t i a l phase of an independent Canadian c u l t u r a l p o l i c y had been forged i n the 1920's and '30's by r e g u l a t o r y l e g i s l a t i o n designed t o grapple with the commerce of p u b l i s h i n g , f i l m , and r a d i o . The Massey Report of 1951 and the Canada Council Act of 1957 were something d i f f e r e n t . 28 In the E n g l i s h - s p e a k i n g t h e a t r e , a g l o b a l outlook had been l o s t with E l i z a b e t h ' s p e r s e c u t i o n of the c a t h o l i c church and l o c a l custom. E l i z a b e t h I used the t h e a t r e as a n a t i o n - b u i l d i n g t o o l at the expense of the t h e a t r e of the church and the l o c a l c o u n c i l s , those twin bulwarks of medieval c u l t u r a l l i f e . P e r s e c u t i o n by the s t a t e of C a t h o l i c i s m , and the d r i v e t o a l i e n a t e power from l o c a l a u t h o r i t i e s , e s s e n t i a l l y d e s t r o y e d the community-based mystery c y c l e s i n the s i x t e e n t h century. The p e c u l i a r combination of i n t e r n a t i o n a l i s m and community a c t i v i s m so evident i n the records of the medieval stage (what we today c a l l " t h i n k i n g g l o b a l l y and a c t i n g l o c a l l y " ) was, i n a very r e a l sense,, the s p i r i t t h a t the Massey Commission was t r y i n g r e -i g n i t e i n post-War Canada, f o u r hundred.years l a t e r . The dream of an A r t s C o u n c i l that c o u l d p r o v i d e patronage to a r t i s t s without p o l i t i c a l c o n t r o l had captured Lord Keynes i n B r i t a i n . That same dream incubated i n Canada d u r i n g d i s c u s s i o n s among F.R. S c o t t , David Lewis-, Vi n c e n t Massey and o t h e r s . (Horn, 15;, Djwa, .149-152, 259-270) . There was a d e t e r m i n a t i o n to f i l l the c o n s t i t u t i o n a l vacuum l e f t i n the Canadian c u l t u r a l i d e n t i t y by the British North America Act and the Statute of Westminster. Acceptance of the R e p u b l i c of I n d i a broke open the husk of the B r i t i s h Empire i n 1949, and i d e a l s of n a t i o n a l i d e n t i t y and s e l f - d e t e r m i n a t i o n rose from w i t h i n the Commowealth t o d r i v e the U n i t e d Nations agenda. For a b r i e f p e r i o d , Nehru e l o q u e n t l y argued from Ghandian p r i n c i p l e s of s e l f - r e l i a n c e and p l u r a l i s m . ( S k i d e l s k y , 309-312). Massey's 1948 book On Being A Canadian, i s the N e h r u - l i k e musing.of a n a t i o n a l i s t p h i l o s o p h e r king. The 29 United Nations v i s i o n , expressed in the Universal Declaration of Human Rights and the Charter for UNESCO gave Massey's ideals a global forum alongside a host of other, more r a d i c a l visions of national self-determination. As the MO's turned into the '50's, Canadian culture was beginning to f l o u r i s h a b i t . Yet, even among the e l i t e (as they have'come to be c a l l e d ) , Canada had made i t s small stab at red-hunting. Charles Norman was hounded to death. Ted A l l e n was f i r e d as a CBC employee, then q u i e t l y put on contract to keep •him around. Nonetheless, Andrew Allan, "conservative by nature and r a d i c a l by persuasion," was i n the habit of awarding CBC contracts, to b l a c k l i s t e d U.S. writers such as Dalton Trumbo (one of the "Hollywood Ten"), and the Canadian writer Rueben Ship, who had been expelled from the U.S. for f a i l i n g to co-operate with HUAC. Ship's The Investigator became one of the. two most celebrated radio plays of a l l time (the other being The War of the Worlds). The Investigator was a masterful take-down of Senator Joe McCarthy, as portrayed by John Drainie, the.Canadian who Orson Welles described as, "the best radio actor i n the world." Brownyn Drainie relates that The Investigator was that season's [1954] cause celebre among the American i n t e l l i g e n s i a . Within two months i t had sold [on disc] over 45,000 copies. ...The American Legion across the country t r i e d to pre-empt the play of the record on l o c a l radio stations, claiming that proceeds from i t s sale were going d i r e c t l y to the Communist Party. ...Laurence G i l l i a m of the BBC, writing in the Radio Times, 30 c a l l e d the play , 'one of the most b r i l l i a n t p i e c e s of p r o d u c t i o n I have ever heard on r a d i o ' and [John D r a i n i e ' s ] peformance 'a masterpiece.' ( D r a i n i e , 235-236). In Canada, what had been a s p i r a t i o n s were broken down i n t o p o l i c y i n the post-war c u l t u r a l development i n i t i a t i v e s t h a t evolved from the Massey Report. Our p o l i c i e s became an i n s p i r a t i o n and sometimes a c a u t i o n t o other E n g l i s h - s p e a k i n g n a t i o n s l i k e A u s t r a l i a , the U n i t e d S t a t e s , and to some A f r i c a n and Caribbean n a t i o n s emerging from c o l o n i a l i s m . The r e s t o f the world has never mistaken Canada's m a t e r i a l advancement f o r c u l t u r a l m a t u r i t y . What was important, e s p e c i a l l y t o the developing n a t i o n s , was that the Canada C o u n c i l stood as a decent, p r o g r e s s i v e , democratic i n s t i t u t i o n i n a country where i t seemed that promises about c u l t u r a l a s p i r a t i o n s were almost, always kept. The Canada C o u n c i l a c t u a l l y d i d what i t s a i d i t was going t o do. That meant a l o t , i n a world where the a l t e r n a t i v e s were a House Un-American Activities' Committee c r u s h i n g a r t i s t s under one boot i n the•name of L i b e r t y , or a Russian Federation of the Writers' Unions of the USSR c r u s h i n g them under the other i n the name of P a t r i o t i s m . I t has been claimed by some w r i t e r s i n recent years that the post-war yea r n i n g f o r a Canadian c u l t u r e was str o n g o n l y among the " e l i t e . " Is t h i s t r u e ? In a recent essay, Made in America,:- The problem of Mass Culture in Canada, Paul R u t h e r f o r d maintains t h a t ...the s t r a t e g y of r e s i s t a n c e urged by Canada's n a t i o n a l i s t s , i s at bottom, another example of the highbrow 31 . d i s d a i n f o r popular c u l t u r e ... the s t a t e worked to n o u r i s h a c u l t u r a l e l i t e of authors, a r t i s t s , performers, producers, and the l i k e . . . The g r e a t e s t defenders of home-grown entertainment have always been.the c u l t u r a l e l i t e . . . (Rutherford, i n F l a h e r t y & Manning, 274,275). Now, Finns, U k r a i n i a n s , Japanese, and other groups excluded from the " e l i t e , " maintained v i t a l -- sometimes p o l i t i c a l l y r a d i c a l -- c u l t u r a l t r a d i t i o n s that c o - e x i s t e d a l o n g s i d e t h e i r e f f o r t s to c o n t r i b u t e to an independent and p l u r a l i s t Canadian way of l i f e . The e n t i r e membership of the. Finnish Organization of Canada (FOC) at•one time belonged to the Communist Party of Canada: Even today the FOC i s l i s t e d as a Communist o r g a n i z a t i o n by the F.B.I., and some FOC members are s t i l l o f f i c i a l l y b a r r e d from e n t e r i n g the U n i t e d S t a t e s . The FOC staged 4,000 p l a y s between 1913 and 1993. T h e i r p r o d u c t i o n s t h a t were o f t e n o v e r t l y p o l i t i c a l , but not always, with t i t l e s ranging from Expelled from America to Hamlet. These were not staged i n an e t h n i c ghetto by an u n d e r c l a s s that was r e a l l y y e a r n i n g f o r Boston Blackie-or Howdy Doody. While the vast m a j o r i t y of p l a y s were staged i n F i n n i s h , A r t i c l e I. of the F i n n i s h O r g a n i z a t i o n c o n s t i t u t i o n (1914) s t a t e s t h a t a fundamental aim of the o r g a n i z a t i o n i s t h e . t e a c h i n g of the E n g l i s h language, because a s s i m i l a t i o n i n t o Canadian s o c i e t y was the g o a l of most immigrants,' r e g a r d l e s s of t h e i r p o l i t i c a l p e r s u a s i o n . Paul L i t t , i n h i s 1992 book The Muses, The Masses and The Massey Commission says o f the Canada C o u n c i l t h a t , Care was taken to ensure t h a t the government i t s e l f would 32 not be able to use the c o u n c i l to c o n t r o l c u l t u r a l development. Again, the c y n i c might t h i n k t h i s gave the c u l t u r a l e l i t e the best of both worlds: government money without a c c o u n t a b i l i t y . ...Suspended somewhere between government and the people and b e l o n g i n g wholly to n e i t h e r , the a r t s c o u n c i l p r o p o s a l was the b u r e a u c r a t i c emobodiment o f the c u l t u r a l e l i t e and i t s l i b e r a l humanist n a t i o n a l i s m . ( L i t t , 185) The Finns a p p r e c i a t i o n of 'high' c u l t u r e was perhaps more f e r v e n t than that of the " e l i t e " t h a t L i t t and R u t h e r f o r d c i t e so o f t e n . A f t e r t h e i r domination by the Swedish Empire f o r some seven hundred years, d u r i n g which Finns were f o r b i d d e n s c h o o l i n g i n t h e i r own language and a l l s t a t e correspondence was by law enacted i n Swedish, the Finns e s t a b l i s h e d t h e i r f i r s t e d u c a t i o n a l i n s t i t u t i o n i n F i n n i s h i n 1858. Massey and h i s c o l l e a g u e s were yea r n i n g f o r a " N a t i o n a l T h e a t r e " i n 1951 (Report, 1951, 198-199),. and t h a t goal has not yet, and may never become a r e a l i t y i n Canada. The Finns, on the o t h e r hand, e s t a b l i s h e d t h e i r N a t i o n a l Theatre i n 1872, and i t has continued producing f o r one hundred and t w e n t y - f i v e years. ( O l l i , i n C l a r k & Freedley, 482-485). The t h e a t r i c a l t r a d i t i o n was c a r r i e d on by immigrants i n North America. M a t t i K i r r i k a , one of the founders of S o i n t u l a , the F i n n i s h Utopian community on Malcolm I s l a n d o f f the coast of B r i t i s h Columbia, was a p l a y w r i g h t {The Last Struggle, Annie and Michael). Reading the neo-conservative c r i t i c s of the " e l i t e " one might get the impression that the Finns who came to Canada were unaware of S i b e l i u s , K i r r i k a , A l e x i s K i v i , Minna Canth. I t i s not so. I f 33 a Canadian orchestra had possessed the musical wherewithal to perform the S i b e l i u s ' Fifth Symphony, then Finnish immigrants, and t h e i r children born in the logging camps and mining towns of Canada, would have learned o f . i t through the network of Finn Halls and t r a v e l l e d many miles to attend. (Lahti, 67-73). Canada, however, did not have a l e v e l of c u l t u r a l development such that i t could provide those immigrants, with a 'high culture' which our c l a s s l e s s democracy had t h e o r e t i c a l l y freed them to enjoy. Massey aimed, to make the theory a r e a l i t y a f t e r the war. , The,Massey Report was Euro-centric, i n d i v i d u a l i s t i c , and excellence-centered. It recognized that competition among a r t i s t s quickens the pace of development, and that creative c o n f l i c t was inevitable, both i n the Council's governance and i t s administration. The Massey Report recommended a Canada Council without the r e s t r a i n t s which normally would bind them too c l o s e l y to the organization or the group which they would represent. We were confirmed i n t h i s view by our decision to recommend one body only for the various functions which we have described, functions which cannot properly be car r i e d on by a r i g i d l y representative body. ...We should also consider i t a misfortune i f t h i s Canada Council became in any sense a department'of government, - but we r e a l i z e ;. that-since t h i s body w i l l be spending public money i t must be in an e f f e c t i v e manner responsible to the Government and hence to Parliament. (Report, 1951, 377-378) 34 However much the C o u n c i l has been p o l i t i c i z e d i n the l a s t h a l f -century, i t was e n v i s i o n e d to be " r e s p o n s i b l e to the Government and hence to Parliament." R e s p o n s i b i l i t y f o r the i n t e g r i t y of the C o u n c i l r e s t s with the government t h a t appoints i t . The government i s encouraged to be b o l d i n i t s c h o i c e s , as the Report recommends a web of checks and balances. "Without l i m i t i n g i t s freedom to advance the a r t s and l e t t e r s , " the Royal Commission proposed that the C o u n c i l spend most of i t s money and do most of i t s work through the v o l u n t a r y a s s o c i a t i o n s t h a t d e a l with a r t i s t s d i r e c t l y . The C o u n c i l ' s UNESCO i n i t i a t i v e s were a l s o thought to be at arms-length,. "brought, through the Department of E x t e r n a l A f f a i r s , to the a t t e n t i o n of the g e n e r a l conference of UNESCO." (370-382) The C o u n c i l ' s power to do as i t p l e a s e d was p r o s c r i b e d . Why? Democratic i n s t i t u t i o n s must be l e f t 'weak'•enough to allow f o r the e x e r c i s e of those d r i v e s which are deemed e s s e n t i a l f o r a c i t i z e n i n a democracy. Democracy re c o g n i z e s the f r e e engagement of i n d i v i d u a l s with through c o - o p e r a t i o n , competition, and c o n t e n t i o n ; while i n the s o v i e t or' the., c o r p o r a t i o n , the e l i m i n a t i o n of c o n t e n t i o n i s sought and achieved through a b u r e a u c r a t i c h i e r a r c h y i n which l i f e i s ordered under an a r b i t r a r y m e rit system that rewards, commitment r a t h e r than c r e a t i v e c o n f l i c t . (Wolin, 419-434). While the Canada C o u n c i l p r e s i d e s over awards that are based on a r t i s t i c m e r i t d e c i d e d by a peer review (experts, i f you w i l l ) , t here i s an open competition f o r f o r a l l awards. U n t i l the demise of the E x p l o r a t i o n s Program i n 1995, awards were open to a l l c i t i z e n s , 35 as one might expect i n a democracy. The .Canada Council was an i n s t i t u t i o n designed to reconcile Canadian society's need to c a p i t a l i z e the arts with the a r t i s t s ' need to be free of state control. The decision to make an arts award i s the result of a competition in which each juror has an i n d i v i d u a l vote, and consensus i s not required. Over a span of f o r t y years, awards have gone to u n l i k e l y projects or a r t i s t s that have come into a competition with the whole-hearted support of just one i n t u i t i v e juror. They have had t h e i r merits argued and analyzed i n jury sessions. Once funded, many of those unlikely, projects have proved to be s i g n i f i c a n t acts of c u l t u r a l development. After the Council was given i t s endowment, the goal of working with voluntary, associations in support of the arts was expanded. Awards were established that replicated a part of the market, providing- venture c a p i t a l to a sector of the economy that would otherwise never have access to i t . Instead of soviet commissars or corporate investment bankers, j u r i e s of independent a r t i s t s decide where in the art world to invest the nation's d o l l a r s . Vincent Massey seemed to cap his distinguished diplomatic career with the Royal Commission Report. Within a year he was the Governor General'of Canada. Yet, i t took a - f u l l six years from the Report's issuance u n t i l the passing of the Canada Council Act, and i t has, been noted that when the Council was f i n a l l y established in 1957 i t was merely a c u l t u r a l smokescree in response to Walter, Gordon's early alarms about the r e a l problems besetting Canada's post-War economic sovereignty. In t y p i c a l l y Canadian -- largely symbolic -- fashion, the Canada Council Act r e f l e c t e d an old-fashioned view of Canada as a developing 36 n a t i o n a l economy, i t s path to ma t u r i t y c h a r a c t e r i z e d by p o l i c i e s of import s u b s t i t u t i o n ( c u l t u r a l ones i n t h i s . c a s e , and i n c l u d i n g Canadian content r e g u l a t i o n s } . To some, the Canada Council Act seemed l i k e pure n o s t a l g i a i n the face of U.S. dominance. By 1957...the new c o l o n i a l i s m had gone too f a r to be reversed by dancers or s c r i b b l e r s . The question at t h i s l a t e date was whether any p o l i c y could reverse i t . , By 1957 i t was c l e a r that the change of mother c o u n t r i e s was complete; the b r i e f p e r i o d of autonomy between. 1920 and . 1940 was gone; and, f o r many English-speaking Canadians, i t was unclear whether the road back to independence was even d e s i r a b l e — assuming'it was a t t a i n a b l e . (Findlay & Sprague, 312). 4. The United Nations alternative. The formal name of the Massey Commmission'•was the Royal Commission oh National Development in the Arts, Letters, and Sciences. The National Development a p p e l l a t i o n suggested that Canada might wish to break fr e e of i t s d e s i g n a t i o n as part of the U.S. domestic market f o r c u l t u r a l product.. Indeed, i t d i d mean something very much l i k e t h a t . Canada's d r i v e f o r a more independent, c u l t u r a l p o l i c y came hard upon the Gouzenko a f f a i r and the/House Un-American A c t i v i t i e s Committee hearings and contempt charges v i s i t e d upon the "Hollywood Ten", while U.S. 37 c u l t u r a l producers had to face the end of the Empire F i l m p o l i c y which had allowed U.S. s t u d i o s f r e e access to the U n i t e d Kingdom and Empire f o r U.S. f i l m s shot i n Canada. The Commission Report came out s t r o n g l y i n support of the N a t i o n a l F i l m Board of Canada, which had been i n v e s t i g a t e d by Ottawa f o r communist i n f l u e n c e i n 1948, and reminded Canadians that the "CBC i s a n o n - p r o f i t o r g a n i z a t i o n and aims at s e r v i c e to the n a t i o n , " (Report, 1951, 456 n.) c i t i n g both as defences a g a i n s t the i n v a s i v e s i n s of American mass-culture. Not o n l y d i d the Massey Report c a l l f o r the development o f a " N a t i o n a l . T h e a t r e " composed of l o c a l playhouses to allow companies of Canadian a c t o r s to compete on a " l e v e l p l a y i n g f i e l d " with t o u r i n g U.S. and B r i t i s h companies (192-200); i t c a l l e d f o r n a t i o n a l i n i t i a t i v e s i n c u l t u r e a c r o s s a s t a r t l i n g l y wide spectrum; i t was s t r o n g l y o r i e n t e d to the Commonwealth of Nations and to the g r e a t e r i n t e r n a t i o n a l i s m emobodied i n the U n i t e d Nations through the work of UNESCO. Such a Commission might recommend c l o s i n g the Canadian border t o U.S. c u l t u r a l product, or at l e a s t r e s t r i c t i t s entry? ' Nothing i n any of V i n c e n t Massey 1s w r i t i n g on the s u b j e c t of c u l t u r e had suggested t h a t i t would be otherwise. "Into our country there flows a p e r p e t u a l stream of c u l t u r a l Americana, dubious i n q u a l i t y and a l i e n to the best i n our own i n h e r i t a n c e . But one must bear i n mind th a t i t i s e q u a l l y d i s t a s t e f u l to t h o u g h t f u l Americans." (Massey, 1963, 169) The Massey Commission's Report was n a t i o n a l i s t i n f l a v o u r , 38 i n t e r n a t i o n a l i s t i n outlook, and, as i t has turned out, i t s ' p r a c t i c a l achievements were u s u a l l y l o c a l . The Massey Commission had the i l l - l u c k t o s p o r t a name s i m i l a r t o a famous Hollywood "Communist f r o n t " . The Royal Commission on National ' Development in the Arts, Letters, and Sciences sounded a l o t l i k e the Hollywood Independent Citizens' Committee of the Arts, Sciences and Professions (HICCASP), which was " c i t e d as a Communist . f r o n t by the House Un-American A c t i v i t i e s Committee (HUAC) on September 2, 1947." (Vaughn, 303) The Canadian Commission sounded l i k e a commie f r o n t . I t s Report promoted the i n t e r n a t i o n a l i s t i d e a l s o f the U n i t e d Nations, the Universal Declaration of Human Rights, and UNESCO. Even A r t h u r Surveyer, who wrote a m i n o r i t y o p i n i o n i n favour of a l a r g e r r o l e f o r p r i v a t e b r o a d c a s t e r s , had favourably, quoted G i l b e r t Seldes (Report, 1951, 397), i d e n t i f i e d by HUAC as a communist t h i n k e r . • Communist f r o n t s were promoting i n t e r n a t i o n a l i s m i n the U.S., without much sympathy, f o r most of the Cold War, but the r e l a t i o n s h i p between the U.S. and the U.N. has never been a p a r t i c u l a r l y happy one, wit h o r without communist meddling. The U.S. has p a i d the bulk of the o r g a n i z a t i o n ' s b i l l s , w h i l e f i n d i n g i t s e l f faced- with a host of pipsqueak countries-demanding r e s p e c t and the r i g h t of n a t i o n a l s e l f - d e t e r m i n a t i o n . . In no area, have.these demands seemed more g a l l i n g ( l e a v i n g a s i d e the bloodshed o f many wars of " n a t i o n a l l i b e r a t i o n " ) than i n the c u l t u r a l realm.' C u l t u r a l ' d i f f e r e n c e s l e d to the U.S. withdrawal of funding and support f o r UNESCO i n the 1980's. The Massey Report i s a s s e r t i v e i n i t s support f o r UNESCO. 39 The post-war world and i t s international organization would be hard to imagine without some agency s p e c i a l l y charged with promoting and aiding i n t e l l e c t u a l and c u l t u r a l exchanges of every sort. (249). The Report described UNESCO's work as a " c a t h o l i c i t y of enterprise," and supported the "UNESCO-sponsored S c i e n t i f i c and Cultural History of Mankind [an] inquiry concerning the fundamental concepts of l i b e r t y , democracy, law and l e g a l i t y and concerning the the influence on i d e o l o g i c a l controversies of d i f f e r e n t views of such concepts." (246-247). The Massey Report added to the " c a t h o l i c i t y " of post-War internationalism something l i k e the Canadian Methodist s t r a i n of Christian socialism shared diversely by thinkers l i k e Bland, Woodsworth, Scott, and Frye. ...the kingdom, not of heaven but the kingdom of God on earth. C h r i s t i a n i t y was not a sort of immigration society to a s s i s t us from the hurlyburly of t h i s world to heaven; i t i s a way to bring the s p i r i t of heaven to earth. •. . . C h r i s t i a n i t y meant the triumph of public ownership. [Christ] believed in public ownership because i t i s an e s s e n t i a l part of the kingdom of God on earth. It meant the substitution of co-operation for competition. (Bland, in McKillop, 82) The United Nations Educational Scientific and Cultural Organization (UNESCO) became a non-secular apostle of mutual understanding, sharing, and tolerance. UNESCO was a vehicle for the inter-national exchange of culture (Office of Public Information, 502-509). 40 Each Member State s h a l l make such arrangements as s u i t i t s p a r t i c u l a r c o n d i t i o n s f o r the purpose of a s s o c i a t i n g i t s p r i n c i p a l bodies i n t e r e s t e d In education, s c i e n t i f i c and c u l t u r a l matters with the work of the o r g a n i z a t i o n , p r e f e r a b l y by the formation of a N a t i o n a l Commission b r o a d l y r e p r e s e n t a t i v e of the government and such b o d i e s . (VII, UNESCO C o n s t i t u t i o n ) In 1949, the Canadian S o c i a l Science Research C o u n c i l t o l d the Massey Commission, "Whatever the shortcomings of UNESCO may be i t i s a l r e a d y h i g h l y important as a channel of communication and has great p o s s i b i l i t i e s as an instrument f o r promoting understanding and c o - o p e r a t i o n . Canada should implement her membership as e f f e c t i v e l y as she can." (quoted i n Massey Report, .251) The U n i t e d Nations Universal Declaration of Human Rights (UDHR) was designed t o promote and p r o t e c t the i n t r a - n a t i o n a l aspects of c u l t u r e and i n d i v i d u a l r i g h t s . (Browlie, 106-112) L i k e UNESCO, .the Universal Declaration of Human Rights1 has been pr o b l e m a t i c ; f o r the U.S., as i t impedes the p e n e t r a t i o n of U.S. c u l t u r a l product around the world. I t has the p o t e n t i a l to complicate the " i n t e l l e c t u a l p r o p e r t y r i g h t s " o f U.S. c u l t u r a l t r a n s - n a t i o n a l c o r p o r a t i o n s . A r t i c l e 27 of the U.N. Universal Declaration of Human Rights d e a l s with c u l t u r a l r i g h t s : .1. Everyone has the r i g h t f r e e l y to p a r t i c i p a t e i n the c u l t u r a l l i f e of the community, to enjoy the a r t s and to share i n s c i e n t i f i c advancement and i t s b e n e f i t s . 41 2. Everyone has the r i g h t t o the p r o t e c t i o n o f the moral and m a t e r i a l i n t e r e s t s r e s u l t i n g from any s c i e n t i f i c , l i t e r a r y or a r t i s t i c p r o d u c t i o n o f which he i s the author, ( i b i d ) As Goran Melander, D i r e c t o r of the Raoul Wallenberg I n s t i t u t e , p o i n t s out, A r t i c l e 27, paragraph 2,. of the Universal Declaration of Human Rights . ' i s i n f a c t a d e c l a r a t i o n of c o p y r i g h t which has been given the rank o f human r i g h t . (Melander, i n Eid e , 431) T h i s r i g h t i s r e - a s s e r t e d i n the A r t i c l e 15(lc) of the 1966 International Covenant on Economic, Social and Cultural Rights (Brownlie, 199-210) and i n r e g i o n a l covenants such as the African Charter of Peoples' and Human Rights ( A r t i c l e 2 7 ( 2 ) ) . Melander s t r e s s e s t h a t t h i s subparagraph [ A r t i c l e 27, paragraph 2, of the ' Universal Declaration of Human Rights]is unique a l s o i n the res p e c t t h a t c o p y r i g h t e x i s t e d not o n l y on the n a t i o n a l l e v e l but on the i n t e r n a t i o n a l l e v e l long .before the adoption of other i n t e r n a t i o n a l human r i g h t s instruments. . l . t h i s sub-paragraph p r e s c r i b e s f o r a c l e a r i n d i v i d u a l r i g h t , and as such the paragraph i s more s i m i l a r t o a c i v i l and p o l i t i c a l r i g h t . T h i s r i g h t i s c e r t a i n l y p o s s i b l e to • implement and i t has c e r t a i n s i m i l a r i t i e s with p r o p e r t y . r i g h t s . I t i s a l s o symptomatic t h a t p r o v i s i o n s p r e s c r i b i n g , f o r c o p y r i g h t can be found i n B i l l s , o f Rights i n c o n s t i t u t i o n a l law [Swedish C o n s t i t u t i o n o f 1974]...such a r i g h t i s e q u a l l y an i n d i v i d u a l r i g h t , imposing c e r t a i n r e s t r i c t i o n s on a government'not to c r e a t e o b s t a c l e s f o r an 42 i n d i v i d u a l . As such i t bears certain s i m i l a r i t i e s with the right to freedom of expression and the right to freedom of thought, conscience and r e l i g i o n , i . e . , rights that are mostly considered c i v i l and p o l i t i c a l r i g h t s . ...Presumably the struggle... for the international enactment and safeguarding of the 'droits i n t e l l e c t u e l s ' had a part to play in so laying down the right to active c u l t u r e . . . i n the interest of securing copyright within the scope of i n t e l l e c t u a l r i g h t s . " (431-432) The :1948 Universal Declaration of Human Rights (UDHR) became the focus of non-secular, i n t e r n a t i o n a l i s t moral yearnings. The p r i n c i p l e behind A r t i c l e 27(2) i s that the ownership of art i s a human right invested i n a r t i s t s and t h e i r cultures, not t h e i r national governments; that art transcends the nation-state by vir t u e of being i n d i v i d u a l rather than corporate. The i n i t i a l preparations for the 1948 Universal Declaration were made i n the Division of Human Rights of the U.N. Secretariat, presided over by Canadian professor of law, John Humphrey. His d i v i s i o n ' s comprehensive draft was passed on to the Commission on Human Rights, chaired by Eleanor Roosevelt, ...carrying with her the Roosevelt visions of a New Deal, and the Four Freedoms. She played a leading and a mediating role in the' Commission. Two competing influences were already at work within the US delegation; the l i b e r a l / s o c i a l t r a d i t i o n of the Roosevelt period, and the conservative, i s o l a t i o n i s t t r a d i t i o n were struggling for influence. Thus, Eleanor Roosevelt had to mediate not only 43 the Commission, but a l s o her own d e l e g a t i o n . ( i n Eide, et a l , 11) '•• • The U.N.-backed International Labour Organization (ILO) i s the c o - o r d i n a t i n g body f o r the International Federation of Actors (FIA), the International Federation of Musicians (FIM), and The International Federation . of Unions of Audio-Visual. Workers (FISTAV) and other o r g a n i z a t i o n s t h a t have proposed i n t i a t i v e s f o r indigenous performers' r i g h t s i n t h e i r work, which would g i v e them more c o n t r o l over the m u l t i n a t i o n a l s use of "runaway" U.S. p r o d u c t i o n to achieve lower c o s t s and l a b o u r e l a s t i c i t y . For example, t h i s statement i n FISTAV B u l l e t i n #9A, J u l y 1978, demonstrates no great a f f e c t i o n f o r the i m p e r i a l reach of Mickey Mouse v i a s a t e l l i t e and c a b l e : M u l t i n a t i o n a l companies use' [the] r e l a t i o n s h i p [between f i l m and t e l e v i s i o n ] to i n c r e a s e t h e i r revenues and p r o f i t s by d i s s e m i n a t i o n of an i n t e r n a t i o n a l commercial c u l t u r e t h a t p a r t i c u l a r t l y l i m i t s the growth of n a t i o n a l c u l t u r e s and t h e i r e x p r e s s i o n through n a t i o n a l p r o d u c t i o n , ( i n Rowan, P i t t e r l e and Miscimarra, 453) The International Confederation of Free Trade Unions (ICFTU), a U.S.-sponsored a l t e r n a t i v e to the ILO, proposed an i d e o l o g i c a l b a s i s f o r the a s s o c i a t i o n of a r t i s t s and c u l t u r a l workers, which would-exclude the e x i s t i n g i n t e r n a t i o n a l a c t o r s ' o r g a n i z a t i o n s , f o r having accepted a f f i l i a t i o n s from a c t o r s ' o r g a n i z a t i o n s i n communist c o u n t r i e s , ( i b i d , 359) 'In c o n t r a s t , the International Federation of Unions of Audio-Visual Workers (FISTAV) .followed the U.N. model and adopted UNESCO p r i n c i p l e s . 44 (i) Each c u l t u r e has a d i g n i t y and a value which must be • r e s p e c t e d and pr e s e r v e d . ( i i ) Each people has the r i g h t and the duty to develop i t s c u l t u r e . ( i i i ) In t h e i r r i c h v a r i e t y and d i v e r s i t y and i n the mutual i n f l u e n c e which they e x e r c i s e on each other, a l l c u l t u r e s form p a r t of the common- h e r i t a g e b e l o n g i n g t o a l l humanity. (FISTAV C o n s t i t u t i o n , A r t i c l e . I, S e c t i o n 3. Rowan, P i t t e r l e and Miscimarra, 452)-The ICFTU t r i e d r e p e a t e d l y t o form an anti-communist International Secretariat of Entertainment Unions (ISETU) a g a i n s t the o p p o s i t i o n of FIA, the FIM and the I n t e r n a t i o n a l Federation of Variety A r t i s t s (FIAV). ICFTU c i t e d FIA, FIM, and FIAV f o r communist i n f l u e n c e , and suggested t h a t they d i s s o l v e , and l e t t h e i r members j o i n a new, communist-free, U.S.-backed ISETU. By 1965, the ISETU was formed a g a i n s t the p r o t e s t o f the o l d e r bodies, with 75% of i t s membership drawn from the U n i t e d S t a t e s . Both FIA and FIM, " r e i t e r a t e d t h e i r commitment to a c t i v i t y on a p r o f e s s i o n a l l e v e l without regard to the. i d e o l o g i c a l views of member unions, a p o s i t i o n t h a t ISETU con t i n u e d t o f i n d o b j e c t i o n a b l e . " (325-327) American A c t o r s ' E q u i t y had t h e i r ISETU a p p l i c a t i o n t a b l e d i n 1970, because of t h e i r concurrent membership i n FIA, "on the grounds t h a t dual a f f i l i a t i o n s were u n p a l a t a b l e . " (354) In 1980, FIM, supported by FIA and FISTAV passed a r e s o l u t i o n i n Geneva which a u t h o r i z e d i t s e x e c u t i v e ...to b r i n g i n t o o p e r a t i o n -- i n the event t h a t r e s u l t s 45 cannot be achieved e i t h e r by n e g o t i a t i o n or by l e g i s l a t i o n w i t h i n a reasonable time — a p a r t i a l or t o t a l boycott o f s a t e l l i t e t r a n s m i s s i o n s . T h i s boycott planned by FIM, FIA and FISTAV [ i s ] to be continued u n t i l the i n t e r e s t s of workers r e p r e s e n t e d by these o r g a n i z a t i o n s are s a t i s f a c t o r i l y guaranteed. (354) The p o l i c i e s of the U.N.-stream of i n t e r n a t i o n a l bodies have o f t e n been at odds with the un-hindered p e n e t r a t i o n o f U.S. c u l t u r a l product i n t o f o r e i g n markets. 5. Wrapped in the flag. In the 1960's, t r i p a r t i t e government i n i t i a t i v e s b u i l t r e g i o n a l playhouses from coast to coast. C u l t u r a l p o l i c y developed i n t e r - p r o v i n c i a l t o u r i n g and i n t e r n a t i o n a l t o u r i n g , the N a t i o n a l Theatre School and N a t i o n a l B a l l e t School. The Massey Report had a s s e r t e d , "we judge i t p o s s i b l e t h a t a company of Canadian p l a y e r s or a Canadian .orchestra might do as much f o r t h i s country as has been done f o r Great B r i t a i n by the S a d l e r ' s Wells B a l l e t Company..." (Report, 1951, 371) V o l u n t a r y , o r g a n i z a t i o n s and n o n - p r o f i t s o c i e t i e s b u i l t up l o c a l p r o f e s s i o n a l companies' that a c t u a l l y c r e a t e d a t r u l y n a t i o n a l c u l t u r a l i n f r a s t r u c t u r e , with a growing i n t e r n a t i o n a l r e p u t a t i o n . A l l t h i s , even as the cable t v companies were b u i l d i n g t h e i r own i n f r a s t r u c t u r e , based on a sta t e - s p o n s o r e d monopoly on the i m p o r t a t i o n o f U.S. product. G e n e r a l l y , the 46 Canadian economy d u r i n g the Massey era was not p r o t e c t i o n i s t by world standards. Yet, i n the face the cable, t . v . p i p e l i n e of U.S. c u l t u r a l product, and the ever-present U.S. s c o l d i n g t h at we get and keep Canadian markets wide open to t h e i r products, many a r t i s t s , and t h e i r s upporters, came to b e l i e v e t h a t the c u l t u r a l cohesion of our branch-plant way of l i f e d i d r e s t on m a i n t a i n i n g and c e l e b r a t i n g a p r o t e c t i o n i s t sense of i d e n t i t y . In the triumphal 1970's, Canadian a r t s and c u l t u r e were l i n k e d t o s o c i a l p o l i c y and n a t i o n a l i m a g e - b u i l d i n g as the N a t i o n a l A r t s Centre was added to the r e g i o n a l t h e a t r e s c o n s t r u c t e d i n every p r o v i n c e save one i n the '60's and e a r l y '70's'. A wholesale " d e m o c r a t i z a t i o n " took p l a c e i n the Canadian a r t s scene, f u e l e d by Opportunities For Youth (OFY) and the Local Initiatives Program (LIP). These were not Canada C o u n c i l programs; they were employment i n i t i a t i v e s d i r e c t e d by the Department of Manpower, which p r o v i d e d s u b s i d i e s to ( l a r g e l y ) the s w e l l i n g ranks of d i s a f f e c t e d youth from the middle and upper-middle c l a s s who had the education and connections t h a t enabled them to jump through the programs' systemic hoops. Some of those p r o j e c t s managed to e s t a b l i s h themselves as l e g i t i m a t e t h e a t r e companies, t h a t are s t i l l p roducing a s m a l l body of work, such as the near-defunct Tamahnous and s t i l l - s t r u g g l i n g Touchstone' i n Vancouver. Books l i k e Silent Surrender (Levitt.), Getting It Back (Rotste'in & Lax, eds.)', The Struggle for Canadian ' Universities (Matthews ;& S t e e l e , eds.) , and what culture? what heritage? 47 (Hodgetts) were a t t a c k i n g U.S. domininance i n our economy, values, and education. As the Vietnam war ground on, Canada accepted U.S. d r a f t dodgers. Some of them were a r t i s t s and soon became r e c i p i e n t s of OFY, LIP and Canada C o u n c i l l a r g e s s e . L i b e r a l Canadians assumed t h a t because these young men r e j e c t e d m i l i t a r y s e r v i c e , they had r e j e c t e d American v a l u e s , p o l i t i c a l i d e a l s and a t t i t u d e s across the board. I t was n a t u r a l to assume they had, j u s t as we assumed that we had, even though we consumed U.S. c u l t u r e through our growing cable t.v. system and our movie t h e a t r e s and r e c o r d s t o r e s . Did those young U.S. c i t i z e n s g i v e up a l i f e - t i m e of a c u l t u r a t i o n t o the American way of l i f e simply by c r o s s i n g the 49th p a r a l l e l t o a v o i d the d r a f t ? Did we even wish them t o surrender those v a l u e s , or d i d we r a t h e r t h i n k we c o u l d l e a r n a l o t about get-up-and-go and the American way of g e t t i n g t h i n g s done from these young men? In my mind, t h a t i s s t i l l v e ry much an open q u e s t i o n , worthy of a s o c i o l o g i c a l study of some breadth. . , • ' .Linking' c u l t u r a l i n i t i a t i v e s to an anti - V i e t n a m War stance, n a t i o n a l i s t sentiment, and s o c i a l g o als such as employment s t r a t e g i e s i n c r e a s e d d u r i n g the 1970's, a p e r i o d which a l s o saw the r i s e of t r a i n i n g programs f o r Canadian a r t s a d m i n i s t r a t o r s at post-secondary i n s t i t u t i o n s . By 1980, an unprecedented number of Canadian a r t i s t s , of both the n a t i v e - b o r n and the landed-immigrant v a r i e t y , had r e c e i v e d t h e i r s t a t e r e c o g n i t i o n as Canadian a r t i s t s . I f not from the Canada C o u n c i l , then from the S e c r e t a r y of State, or the Department of Communications, or the Drug and A l c o h o l Commission, or the M i n i s t r y of the At t o r n e y 48 General, or Education or H e a l t h . . . The mixing :pf money f o r the a r t s with money from M i n i s t e r i a l sources meant that some' very s u c c e s s f u l 'performing a r t s ' groups made most of t h e i r income from government patronage c o n t r a c t s . In Susan Crean's 197 6 polemic Who's Afraid of Canadian Culture, undertaken f o r Lakehead U n i v e r s i t y ' s program i n A r t s A d m i n i s t r a t i o n , she r e l a t e s how d u r i n g the e a r l y 1970's, F a c t o r y Lab i n Toronto had run out of money, and p r e v a i l e d upon l o c a l E q u i t y a c t o r s to work on p r o d u c t i o n s of Canadian s c r i p t s at e i t h e r sub-Equity r a t e s or f o r nothing. A c t o r s E q u i t y r e f u s e d to s a n c t i o n t h i s a c t i v i t y on the p a r t of a s s o c i a t i o n members. Susan Crean ( l a t e r C h a i r of the Writers' Union of Canada and member of the B.C. Status of the Artist Advisory) judged that t h i s was because A c t o r s E q u i t y (headquartered i n New York) was behaving i n an i m p e r i a l i s t i c manner toward Canadian p l a y w r i g h t s . In her view "...among' a r t i s t s , performers are a p r i v i l e d g e d c l a s s . . . " (168-171). H i t c h i n g a t h e a t r e company to a mandate t h a t pledged, to p r o t e c t our sense of i d e n t i t y , or spread approved s o c i a l messages, was the s t r a t e g y of l e a s t r e s i s t a n c e f o r hundreds o f p u b l i c l y -supported s m a l l t h e a t r e s producing the n e o - n a t i o n a l i s t Canadian s o c i a l drama. The s t r a t e g y l i v e s on i n f i t s , i n the seasons of c h i l d r e n s ' t h e a t r e s today. • The Canadian f l a g was used as a metaphoric d u s t - j a c k e t f o r Bernard Ostry's 1978 The Cultural Connection. A survey of the minutes of the Standing Committee on Broadcasting, Films and Assistance to the Arts from 197 9 i n d i c a t e s — j u d g i n g from the jokes at h i s expense — t h a t as Deputy M i n i s t e r f o r 49 Communications, Ostry's influence was beginning to wane even as his c a l l to c u l t u r a l arms was h i t t i n g the bookstores. In Reading from Left to Right, the masterful and illum i n a t i n g memoir by H.S. Ferns, the author of (with Ostry) The Age of Mackenzie King: The Rise of the Leader, Ferns describes Ostry's book: The Ostry message can be simply stated. Canada, or at least the federal government of Canada, can be saved by culture. Culture has the role i n present-day.Canada that railways had in the nineteeth century. It can unite Canadians i n achieving a new consciousness. ...There i s i n The Cultural Connection a t r u l y o r i g i n a l observation. 'Perhaps,' Bernie writes, "only the armed forces have '• understood from the start the importance of developing a sense of i d e n t i t y and the connection of culture with morale . and community r e l a t i o n s . ' When one considers the creative use of the Canadian armed forces in p o l i t i c s by Prime Minister Trudeau, one i s prompted to ask: 'Is Bernie planning a coup d'etat?'' ...Seriously, however...There i s now a vast vested interest i n culture i n Canada. Canada has problems. Persuade the vested interests that they have the • solutions of the problems and the persuader i s p o l i t i c a l l y home and dry. If I were a Canadian voter, I would take Bernard Ostry very seriously indeed. And don't t e l l me he's not i n Parliament. If one i s aiming for the top in Canadian p o l i t i c s , one should never start i n Parliament. Only Diefenbaker and Clark did, and look what has happened to them!" (Ferns, 3 0 9 - 3 1 0 ) 50 I encountered Bernard Ostry at the 1994 "World Beyond Borders" conference sponsored by the Canadian Conference,of the A r t s (CCA). At one of the plenary panels, I had been t r y i n g to get a straight•answer out of John M e i s e l (former head of the CRTC) or P h i l i p L i n d (Chair of Rogers American Cablesystems Inc.) as to the r e l a t i o n s h i p between c o n t i n e n t a l entertainment g i a n t s and Canadian c u l t u r e ? I suggested that A m e r i c a n s • w i l l buy genuine Canadian c u l t u r a l product the way they buy maple syrup, i n small packages, with the emphasis on q u a l i t y . Although we have f a i l e d to p r o t e c t our market, can we penetrate t h e i r s ? I have attended readings by-poet Susan Musgrave f r e e , sponsored by the Canada C o u n c i l . Under Viacom's sponsorship, a Musgrave reading at the A r t s Club i n Vancouver featured an admission charge of $18.50. Can't Viacom s e l l Musgrave i n t o the U.S. market at $18.50, and keep on seeing her i n Canada f o r free? Ostry came up to me a f t e r , and s a i d , "We used to have a patron f o r Canadian c u l t u r e . I t was the !@&&*%#! f e d e r a l government!" Today's young ac t o r s may be f o r g i v e n f o r t h i n k i n g that they are paying the p r i c e f o r t h e . p s e u d o - n a t i o n a l i s t excesses of our (now)' f i f t y - s o m e t h i n g generation, i n whose i n t e r e s t the major t h r u s t of f i s c a l , monetary, and r e g u l a t o r y a c t i v i t i e s has been to generate employment. Unfortunately, the p r i c e has been high: a d e c l i n i n g resource base, evironmental degredation, f o r e i g n ownership, and massive debts. But debts have to be repai d . ; In t h i s case, much of the burden w i l l f a l l on f u t u r e generations of Canadians, who w i l l face t r i p l e jeopardy because they w i l l have to do 51 so w i t h i n the l i m i t a t i o n s imposed by d e c l i n i n g resource r e n t s and a threatened environment. (Wright, R., 96) The n a t i o n a l i s t f a d i n the t h e a t r e was a r e f l e c t i o n of how the board-rooms of Canada's p r o t e c t e d n a t i o n a l i n d u s t r i e s and monoplies wanted to see themselves. Canadian i n d u s t r i e s and commercial empires are d i s a p p e a r i n g i n the wake of Free Trade, and the a r t i s t s and i n s t i t u t i o n s t h a t bouyed them with a n a t i o n a l i s t mythology are d i s a p p e a r i n g along with them. D e s c r i b i n g l i f e i n the Canadian t h e a t r e i n the 1990's, Mima V o l u v i c examines the e f f e c t s of unregulated c o m p e t i t i o n , i n too small a market: S o c i e t y p l a c e s formal and. systemic b a r r i e r s upon an i n d i v i d u a l who wishes to e n t e r a w e l l - p a i d f i e l d , thus acknowledging craftsmanship, e x p e r t i s e and p r o f e s s i o n a l competence. But t h e r e i s nothing and no one to prevent an i n d i v i d u a l t o become a 'nobody' - an a r t i s t . Even an inherent mystique r e g a r d i n g such a c h o i c e has b a c k - f i r e d . I t does not. i n t i m i d a t e the i g n o r a n t ; i t has, i n f a c t , become a welcome a l t e r n a t i v e : 'I am a t h e a t r e a r t i s t ' connotes a b e t t e r l i f e - s t y l e than 'I am unemployed'. ...to s c r i b b l e twenty minutes of s e l f - c o n f e s s i o n , to memorize i t and speak i t , takes an a f t e r n o o n . So n a t u r a l l y , the t h e a t r e has become everybody's a r b i t r a r y c h o i c e . The market has t h e r e f o r e , become t o t a l l y s a t u r a t e d , which has i n f l i c t e d p r e d i c t a b l e dynamics. As supply supersedes the demand, the value of labour has decreased from minimal to nothing, f o r c i n g a r t i s t s t o work f o r f r e e . Almost a l l independent p r o d u t i o n s and n e a r l y a l l r e s e a r c h and 52 development, i n short, the vast majority of fringe theatre i s based on unpaid labour. Not only do most theatre a r t i s t agree to work for free, but they a c t u a l l y agree to pay to work—Fringe Festivals are a case i n point." (Voluvic, 33) In t h i s era of Fringe Fe s t i v a l s , which have descended i n l i t t l e more than a decade from Brian Paisley's o r i g i n a l , d e l i g h t f u l democratic enterprise in Edmonton to a s t r i n g of c a r e f u l l y orchestrated, state-sponsored, vanity showcases, the r e a l i t y behind Vulovic's complaint has become p a i n f u l l y evident. The flowers of the 1970's c u l t u r a l nationalism and the democratization of the arts were able to set t h e i r seed, but they have germinated as the weeds of 1990's discontent. 53 PART TWO: Descriptive "Wage labour brought a new kind of pain that a n n i h i l a t e d women and men. A l l wage labourers s u f f e r e d from the-very same epidemic of d i s o r i e n t a t i o n , l o n e l i n e s s , and dependence. These f e e l i n g s brought f o r t h p o l i t i c a l i n t e r p r e t e r s and an e l i t e of a new c l a s s . The diagnosis of the u n i v e r s a l woe became the career f i e l d f o r new p r o f e s s i o n s - -educators, p h y s i c i a n s , and other s o c i a l e n g i n e e r s — w h i c h t h r i v e d on the production of p o l i c i e s , guidance, and t h e r a p i e s . T h e ' s e l f - i n t e r e s t of both the r e v o l u t i o n a r y leader and the s o c i a l i z a t i o n merchant precluded any attempt to understand...few possessed a language s u i t a b l e f o r t r a n s l a t i n g the s u b t l e vernacular v a r i e t i e s of t h i s p a i n of l o s s . " — I v a n I l l i c h , Gender 6. Who owns the performance? A Jamaican d i r e c t o r s a i d to me once, "Canada... man... i s the two-and-a-half world..." With our economy bouyed by European, U.S. and A s i a n c a p i t a l — f i n a n c i n g the e x p l o i t a t i o n of our. n a t u r a l resources, p e r m i t t i n g us t o buy enormous q u a n t i t i e s of imported g o o d s — f o r a long time, Canadians d i d not have t o come to terms with v a s t t r a c t s of our p o l i t i c a l and economic r e a l i t y . ..The 1950's saw the • p r o f e s s i o n a l i z a t i o n of the a r t s through s t a t e r e c o g n i t i o n -and p u b l i c subsidy; the 1960's b u i l t a p u b l i c l y - f u n d e d i n f r a s t r u c t u r e of -regional t h e a t r e s . Our s t a t e - d r i v e n a r t i s t i c growth and c u l t u r a l development c r e a t e d the CBC, NFB, the N a t i o n a l B a l l e t ; we thus enhanced our sta n d i n g among na t i o n s d u r i n g the post-war p e r i o d . The 1970's saw 54 the a r t s democratized. While the number of p u b l i s h e d w r i t e r s i n Canada doubled i n ten years, our c u l t u r a l development masked our economic dependency. The 1980's was• the decade of d e c l i n i n g subsidy and and s u b s c r i p t i o n support, matched by i n c r e a s i n g c o m m e r c i a l i z a t i o n and b i g -t i c k e t shows. The 1990's have been the decade of i n d u s t r a l i z a t i o n . Mega-musicals c r u i s e between c i t i e s i n the Canada and the U.S. l i k e great t h e a t r i c a l l u x u r y l i n e r s , with t i c k e t s that c a r r y the p r i c e of a h o t e l room. In.an i n d u s t r i a l context, i t i s not s u r p r i s i n g that 'state .co-operation with the c u l t u r a l i n d u s t r i e s has over-taken p u b l i c subsidy to the a r t s as a government p r i o r i t y . During the 1980's, and i n t o the e a r l y 1990's, the c u l t u r a l n a t i o n a l i s t s continued to- r e c e i v e sympathetic treatment from t h e i r own c o n s t i t u e n t s among the a r t i s t s and the l a b o u r movement, while,- at the hands of the s t a t e and out of the p u b l i c eye, they were being supplanted by a new breed of c u l t u r a l advocate, a breed t r a i n e d i n Entertainment Law, speaking i n the v e l v e t tones of corporate-speak, i n c u l c a t e d i n t o the convergence of hardware and software. In 1980, Prime M i n i s t e r Trudeau announced the t r a n s f e r of the a r t s and c u l t u r e programs, i n c l u d i n g r e s p o n s i b i l i t y f o r the c u l t u r a l agencies, from the Department of the S e c r e t a r y of State to the DOC [Department of Communications]. ..The t r a n s f e r of c u l t u r a l p o l i c y to the DOC was intended to improve the 55 q u a l i t y of both c u l t u r a l and communications p o l i c y , through i n t e r a c t i o n between the two s e c t o r s . (Anderson &• Hennes, i n P h i l l i p s , 213) Through the 1980's and '90s, the marriage of communications r e g u l a t i o n and c u l t u r a l p o l i c y has been a d e c i d e l y on-again, o f f - a g a i n a f f a i r . I t i s c u r r e n t l y o f f - a g a i n . C u l t u r e was o f f the t a b l e d u r i n g the Free Trade n e g o t i a t i o n s , but o f f the t a b l e has not meant ac r o s s - t h e - b o a r d c u l t u r a l p r o t e c t i o n i s m . E s s e n t i a l l y , i t has meant i s t h a t a c e r t a i n ( a r b i t r a r y ) l e v e l of Canadian p a r t i c i p a t i o n must be i n evidence. I t was the r e c o g n i t i o n on the p a r t of the Canadian t e c h n i c a l e l i t e t h a t the demands of our e r s t w h i l e c u l t u r a l - e l i t e are spurious, annoying, and i n e f f i c i e n t i n a g l o b a l economy d r i v e n by a. t r a n s - n a t i o n a l f i n a n c i a l e l i t e . Many would argue t h a t the DOC's idea i n 1990 to c r e a t a merged t e c h n i c a l and c u l t u r a l p o l i c y - m a k i n g s t r u c t u r e was the r i g h t d i r e c t i o n f o r the government to take. • The subsequent 1993 r e o r g a n i z a t i o n i s i r o n i c i n t h a t , while other elements i n s o c i e t y are converging to conform to a n t i c i p a t e d t e c h n i c a l r e a l i t i e s , the government i s seemingly d i v e r g i n g a c c o r d i n g to a d i f f e r e n t l o g i c . (Anderson & Hennes, i n P h i l l i p s , 223) What i s t h a t l o g i c ? Economists and i n t e l l e c t u a l p r o p e r t y lawyers who are a c t u a l l y l i n k e d to the e l e c t r o n i c spread sheet and the burgeoning g l o b a l w h i r l of d i g i t a l money understand that " l o g i c " and can manipulate i t . The c u l t u r a l commentators f e a t u r e d i n the n a t i o n a l i s t Canadian Forum and 56 Canadian Dimension, do not understand except i n t u i t i v e l y , what i s a c t u a l l y happening. The observations of Jacques E l l u l that society no longer employs technology, but rather answers the demand of technique; the musings of Marshall McLuhan on the d i s -associative effects of new media on old s o c i a l content'; and poet Gary Snyder's question about the western forests "Who i s the Senator for t h i s ? " , seemed odd and even co n s p i r a t o r i a l only a generation ago: .Before TV, there had been much concern about why Johnny couldn't read. Since TV, Johnny has acquired an e n t i r e l y new set of perceptions i ...The TV image requires each instant that we "close" the spaces i n the mesh by a convulsive sensuous p a r t i c i p a t i o n that i s profoundly k i n e t i c and t a c t i l e , because t a c t i l i t y i s the interplay of the senses, rather than the i s o l a t e d contact of skin and object. ...The spokesmen, of censorious view are t y p i c a l semiliterate book-oriented individuals who have no competence i n the grammars of newspaper, radio, or of film, but who lock askew and askance at a l l non-book media. ...Their current assumption that content or programming i s the factor that influences outlook and action is. derived from the book medium, with i t s sharp cleavage between form and content. (McLuhan, 273-274). Writing just as Canada was tooling up for the p o l i t i c i z a t i o n 57 of i t s culture, "McLuhan might have been describing that t r a n s i t i o n a l generation of Canadian c u l t u r a l advocates, or "c u l t u r a l workers" as they came to c a l l themselves, to whom cu l t u r a l development meant a subsidized Johnny Canuck comic-book (bad enough) as an made-in-Canada alte r n a t i v e to a market-driven Captain America (barbaric) invading from the U.S. The c u l t u r a l advisors who succeeded them i n the 1980's did not arise from the Writer's Union of Canada, Privy Council, or 'Waffle' wing of the NDP, as they had a generation before. They emerged from corporate law firms l i k e Owen, Bird, and Heenan, B l a i k i e ; entertainment lawyers who seemed to understand what McLuhan was saying about post-l i t e r a t e society. Captain America and his i l k , indeed a s i g n i f i c a n t percentage of a l l U.S. media heroes, are drawn (or shot, or recorded) i n Canada at a considerable savings to t h e i r U.S. owners, and no-one -who consumes the product knows the difference. Cultural economics are global. With the convergence of form and content in the d i g i t a l age, coupled.with the the erosion of our national and l o c a l cultures by a global economy, our perception of the actor's performance s h i f t s . The actor's performance on the screen i s no longer regarded as, or treated as, or received as, a mediated image of a l i v e performance. We regard the actor's performance, no less than the other icons and images on our personal computer screens as being e n t i r e l y at our command. We buy licensed Software, the license.to do as we wish. The 58 a c t o r s ' performance, d i g i t a l l y manipulated by the e d i t o r or the consumer, can be di s c o n n e c t e d from the l i v e human being who o r i g i n a t e s i t , w i t h i n the parameters l a i d out by the t r a n s - n a t i o n a l c o p y r i g h t h o l d e r . In 1972,, U n i v e r s a l s t u d i o s was taken to court by the widow and h e i r s of Bela L u g o s i f o r unauthorized use of h i s image. The Lugosi e s t a t e won the o r i g i n a l judgement. The c o u r t concluded i t s d i s c u s s i o n of the 'Dracula' : c h a r a c t e r by p o i n t i n g out t h a t • U n i v e r s a l ' s c o p y r i g h t • gave them p r e c i o u s l i t t l e t o merchanidise apart from Lu g o s i ' s s p e c i f i c l i k e n e s s . . . "In l i c e n c i n g the use of the Count Dracula c h a r a c t e r ' s , characteristics, make- , up, appearance and mannerisms, of n e c e s s i t y Bela LugosiVs appearance and l i k n e s s i n the r o l e are the t h i n g s being l i c e n c e d . The h o r r o r c h a r a c t e r , Count Dracula, as taken from the f i l m s , Dracula and Dracula's Daughter, cannot be d i v o r c e d from B e l a L u g o s i ' s appearance i n the r o l e . " ( V i e r a , i n Gross et a l , 149). On appeal, U n i v e r s a l had t h a t d e c i s i o n r e v e r s e d (139 Cal Rptr a t 38), as Lu g o s i was judged t o have made no attempt t o p r o f i t from h i s image (other than as actor) d u r i n g h i s l i f e t i m e . . In other words,•Lugosi d i d not l i c e n s e h i s own face f o r a.lunch-box; that i s , he d i d not convert h i s pe r s o n a l r i g h t to h i s own l i k e n e s s i n t o a p r o p e r t y r i g h t . U n i v e r s a l did e f f e c t t h a t c o n v e r s i o n ' a f t e r L u g o s i ' s death. The a p p e l l a t e court awarded U n i v e r s a l the r i g h t t o continue to e x p l o i t L u g o s i ' s image. The c o r p o r a t i o n got c o n t r o l of 59 Lugosi's image and the p r o f i t s therefrom; Lugosi's widow got nothing. Reversion to the public domain was not even considered. The court i s actually saying that the copyright holder gets the rights.to character expressions not s p e c i f i c a l l y allocated in a contract. No mention was made of any possible public claim to the media-image i t had helped create. The e f f e c t of the reversal i s to give exclusive rights i n the Lugosi media image to Universal at the expense of both his heirs and society. • -(14 9) -In 1979 i t was noted by Throsby and Withers i n Economics and the Performing Arts that the l i v e theatre may be described as presenting 'a unique sit u a t i o n , i n which the product i s produced and consumed simultaneously: Consumption simply means watching actors work at the s k i l l e d presentation of created works of art, with the performed labour being the f i n a l product as experienced by the consumer audience. Other labour not observed by the audience may also be i n t e g r a l to the performance, from playwright to stagehand, but the consumed product remains the d i r e c t performing a r t i s t s ' presentation. (Throsby & Winters, 4-5). The performing a r t i s t s ' labour (performance) i s the output; and the s c r i p t , design, rehearsal and director's v i s i o n are in fact inputs employed by actors during the simultaneous manufacture and consumption 60 (audience) t h a t i s c h a r a c t e r i s t i c of the performing a r t s . I would go beyond the p o s i t i o n of Throsby & Withers, i n so f a r as to say t h a t t h i s paradigm a p p l i e s t o f i l m as w e l l as t h e a t r e . The simultaneous manufacture and consumption goes on between a c t o r and audience r e g a r d l e s s of mediation. As with t h e a t r e , there i s no f i l m without the presence of an audience. When a t r e e f a l l s i n the f o r e s t . . . ? In f i l m , of course, the. nature of the medium d i c t a t e s a l e s s e r degree of c o n t r o l over the f i n a l product by the a c t o r . T h e r e f o r e contractual; o b l i g a t i o n s between f i l m engager and a c t o r s r e g a r d i n g b i l l i n g , r e s i d u a l s and a d d i t i o n a l uses of the. product have been more p r e c i s e than those, i n t h e a t r i c a l c o n t r a c t s . . . . d i g i t a l technology w i l l t r a n s f o r m the economics of movie-making. In two main ways, i t w i l l mean lower c o s t s and b i g g e r p r o f i t s . ...the computer breaks the s t r a n g l e - h o l d that the unions have over s t a f f i n g on a p r o d u c t i o n s e t . . . . e n t i r e scenes can be s y n t h e s i z e d i n s i d e a computer and then "composited" d i g i t a l l y with l i v e - a c t i o n shots of the a c t o r s p l a y i n g t h e i r r o l e s a g a i n s t a blue screen. . . . l e a d i n g v i d e o -game desig n e r s have s t a r t e d to develop " v i r t u a l a c t o r s " that have p e r s o n a l i t i e s and a t t i t u d e s a l l of t h e i r own. And i f v i r t u a l images of a 61 herd of dinosaurs can be created inside a computer and made to stampede across a movie screen, why not synthesize the human actors d i g i t a l l y as well?" {The Economist 12/24/96, 88) With the developments in d i g i t a l manipulation, control over ^  the f i n a l product, and the dignity of the actors' person and career choices i s less and less within the actors' influence. An actors' property right in t h e i r performance would mean the performance could not be separated from the actor. The f i x a t i o n on f i l m or tape of the actor's performance would always require a release, which could stipulate future use. Neighbouring rights -- of the sort that Bela Lugosi's widow thought her late husband possessed -- have remained a major goal of international i n t i t i a t i v e s at.the U.N., the International Federation of Actors (FIA) and the World Intellectual Property Organization. From The Unesco Belgrade Declaration, which translated the p r i n c i p l e s of the Universal Declaration of Human Rights into the c u l t u r a l sphere i n 1980:. . Without prejudice to the rights that should be accorded to them under copyright l e g i s l a t i o n , including resale rights {droit de suite) when thi s i s not part of copyright, and under neighbouring rights l e g i s l a t i o n , a r t i s t s should enjoy equitable conditions and t h e i r profession should be given the public consideration 62 that i t merits." (Guiding Principles,- 4) In Canada, The, Status of the Artist: Report of The Task Force (Siren-Gelinas, 1986)' c a l l e d for the neighbouring . rights p r i n c i p l e s in the Belgrade Declaration to be, implemented forthwith: a) Within the next parliamentary session,•the Parliament of Canada should undertake passage of l e g i s l a t i o n to revise the Copyright Act and to enact neighbouring rights l e g i s l a t i o n ' f o r performing a r t i s t s , i n order to aff i r m the moral rights of a r t i s t s to the f u l l enjoyment of economic benefits generated by t h e i r work. • • • ' ' - ' b) Responsibility for the Copyright Act and neighbouring rights l e g i s l a t i o n should be the sole r e s p o n s i b i l i t y of the Department of Communications. (Report, 1986, Recommendation 17) 17 b, s y n t a c t i c a l l y flawed though i t may be, assumes that the watch-dogs of such rights were envisioned to be the a r t i s t s ' professional associations.. The primacy of a r t i s t s ' associations i n Canada had been acknowledged i n the Report of the Report of the Federal Cultural Policy Review Committee (Report, 1982, 173-174), and thus i t seemed, natural that a r t i s t s should be able to exercise neighbouring rights as well as negotiated residuals and r o y a l t i e s through associations l i k e CARFAC, the Performer's Rights Society (PRS) .and SODRAC.' However, i n 1971 the Economic Council of Canada's Report on -Intellectual and Industrial Property had 63 concluded that a p r o l i f e r a t i o n or a 'layering' of secondary performing rights would be of dubious s o c i a l benefit and that a performer's control of re-use of his performance should by and large be s e t t l e d by private contractual arrangements between himself and the holder or assignee of the primary r i g h t s . " (Economic Council, 1971, 159) This was re-asserted i n a report prepared for Consumer and Corporate A f f a i r s , in which On balance the study finds no compelling evidence of s i g n i f i c a n t s o c i a l benefits from implementation of a performer's right, conversely, administrative and other costs associated with implementing the right would l i k e l y be considerable. Thus the balance of the economic arguments i s against i n s t i t u t i n g a performer's rig h t . (Globerman & Rothman 1981, summary, no page#) The tide of opinion at the Economic Council of Canada, Department of Regional & Economic Expansion, Department of Consumer A f f a i r s and the Department of Communications was running against a performers' right for actors. Nontheless, in the l i t e r a t u r e provided to actors over the years, there i s no mention of the many strong arguments that had been marshalled against a performer's right, and therefore, no reasoned discussion of what was possible could take place. Other recommendations in the 1986 Status of the A r t i s t Task Force report and enacted i n law i n 1992 have served to make neighbouring rights for a r t i s t s even less of a p o s s i b i l i t y . 64 a) Within the next Se s s i o n of Parliament, l e g i s l a t i o n should be enacted.to r e c o g n i z e o r g a n i z a t i o n s r e p r e s e n t i n g self-employed p r o f e s s i o n a l a r t i s t s as " c o l l e c t i v e b a r g a i n i n g • a g e n t s " as w e l l as the " a d m i n i s t r a t i v e mechanisms r e q u i r e d . t o apply such l e g i s l a t i o n . " b) The departments of J u s t i c e and Consumer A f f a i r s should d e c l a r e a moratorium on the i n v e s t i g a t i o n of a r t i s t i c o r g a n i z a t i o n s i n v o l v e d i n c o l l e c t i v e b a r g a i n i n g under the p r o v i s i o n s of the Combines I n v e s t i g a t i o n Act u n t i l l e g i s l a t i o n g r a n t i n g c o l l e c t i v e b a r g a i n i n g r i g h t s to such o r g a n i z a t i o n s i s enacted. (Report, 1986, Recommendation 16) Quebec a c t e d q u i c k l y to e s t a b l i s h a regime and l e g a l framework c a l l e d the "Commission de reconnaissance, des a s s o c i a t i o n s d ' a r t i s t e s " , a l l o w i n g self-employed a r t i s t s (independent c o n t r a c t o r s ) and t h e i r engagers (producers) to n e g o t i a t e s c a l e agreements w i t h i n p r o v i n c i a l j u r i s d i c t i o n , under B i l l s 78 and 90 (1988). Quebec, though, has had i t s own l e g a l code s i n c e 1774. A n a l o g i e s between Quebec s o c i e t y and the r e s t of the country may have proven not to h o l d t r u e i n the area of labour law. In 1988 the' Canadian A d v i s o r y Committee on Status of the A r t i s t d r a f t e d the Canadian A r t i s t s Code, which recommended that the f e d e r a l government f o l l o w Quebec's l e a d i n g i v i n g s t a t u s to r e l a t i o n s between a r t i s t s , producers, and d i s t r i b u t o r s . I r o n i c a l l y , by having t h e i r a s s o c i a t i o n s and unions secure c e r t i f i c a t i o n as the s o l e b a r g a i n i n g agents i n t h e i r j u r i s d i c t i o n — without 65 f i r s t s o r t i n g our the c o n s t i t u t i o n a l and l e g a l conundrums ' inherent i n the union v. p r o f e s s i o n a l a s s o c i a t i o n dilemma and the r e l a t i v e m e r i t s of r e s i d u a l r i g h t s guaranteed by-s t a t u t e or by c o l l e c t i v e agreement -- Canadian A c t o r s ' E q u i t y , Union of B.C. Performers,' and ACTRA members have moved f a r t h e r and f a r t h e r away from the p o s s i b i l i t y of neighbouring r i g h t s as a s t a t u t o r y r i g h t . 7. Actors and politicians. On 19 A p r i l 1983, ACTRA P r e s i d e n t Bruce MacLeod and General S e c r e t a r y Paul S i r e n appeared b e f o r e the Standing Committee on Communications and Culture,, f o l l o w i n g ACTRA's w r i t t e n .response to the 1982 Report of the F e d e r a l C u l t u r a l P o l i c y Review Committee. Mr. Gingras: ...when I read your r e l e a s e I must admit t h a t s e v e r a l p o i n t s you make are q u i t e i n agreement with the t i t l e of the r e l e a s e : Anger and Indignation. O r d i n a r i l y , when I w r i t e i n the evening i n a s t a t e of anger and i n d i g n a t i o n , I u s u a l l y wait a few days b e f o r e sending i n my t e x t s so t h a t I can r e v i s e those p o i n t s where my anger and i n d i g n a t i o n pushed me too f a r . . . There are q u i t e a few...strong statements i n your communique'. Mr. MacLeod: ...You are q u i t e r i g h t , there are some 66 strong statements. Unfortunately, when you are pushed against the wall you come back with some strong statements that w i l l get your attention... Mr. Gingras: You have got mine? (SCCC 19-04-1983) The Standing Committe on Communications and Culture had replaced the Standing Committee on Broadcasting, Films and Assistance to the Arts on November 27, 197 9. (Standing Committees are composed of members of the House of Commons from a l l parties, and are not arms-length bodies.) Perhaps i t was because few Canadian a r t i s t s had learned to s e l l t h e i r product and instead complained, somewhat eloquently, en masse, and at length, and hired consultants to complain for them, about the f a i l u r e of government to s e l l t h e i r work for them...Assistance to the Arts was replaced by Culture as a government p r i o r i t y . During the 1980's, a f t e r Parliament submerged the Arts into Culture, p o l i c y and budget i n i t i a t i v e s i n . t h e . c u l t u r a l envelope s h i f t e d from production to marketing. Marketing i s s e l l i n g , whether one i s s e l l i n g soap or soapstone carvings. Public assistance to the arts (grants, subsidized attendance) works i n co-operation with private and corporate p a r t i c i p a t i o n (sponsorship, piggy-back marketing) i n c u l t u r a l programming. As trans-national corporations have taken over the public function of funding the l i v e l y arts, there has naturally been less support for i n s t i t u t i o n s and a r t i s t s who produce a n a t i o n a l i s t or pr o t e c t i o n i s t v i s i o n of the Canadian i d e n t i t y . By 1993, the 67 f e d e r a l government moved culture from the p o r t f o l i o of the M i n i s t e r of Communications to a new M i n i s t e r of Heritage. On Tuesday, November 7, 198 9, at nine minutes a f t e r 9 A.M., M i n i s t e r of Communications, Hon. Marcel Masse appeared b e f o r e the Standing Committee of Communications and Culture (SCCC) as the f i r s t witness i n the hearings that would e v e n t u a l l y l e a d t o passage of B i l l C-7, "An Act r e s p e c t i n g the s t a t u s 'of the a r t i s t a n d . p r o f e s s i o n a l r e l a t i o n s between a r t i s t s and producers i n Canada" The M i n i s t e r began by a s s e r t i n g t h a t , Regardless of t h e i r courageous i n d i v i d u a l i s m , a r t i s t s should not be condemned to l i v e on the economic margins of s o c i e t y . (SCCC 2:6, 27-11-1989) He asked why a r t i s t s who express'our i d e n t i t y and who c o n t r i b u t e immeasurably to r e s p e c t f o r Canada i n t e r n a t i o n a l l y should not be e l i g i b l e f o r the b e n e f i t s a v a i l a b l e i n the standard employment package of almost a l l Canadian workers: unemployment insurance, d i s a b i l i t y insurance, ' pension p l a n s , and so on. (2:8) He went on to adumbrate tax laws and s o c i a l programs i n I r e l a n d , France, I t a l y , Sweden, A u s t r a l i a , Netherlands, and Belgium, and to l a u d the p r o v i s i o n s of the UNESCO Recommendation Concerning Status'of the Artist, adopted unanimously at the .1980 Belgrade conference. He then posed another, q u e s t i o n : ... 68 How do our laws recognize the a r t i s t ? Simply put, they do not. ...In the f i e l d of art, self-employed a r t i s t s often f e e l that labour relations l e g i s l a t i o n puts"them at a disadvantage. National and p r o v i n c i a l labour codes which recognize the rights of employees to bargain c o l l e c t i v e l y with t h e i r employers, do benefit s a l a r i e d a r t i s t s and there i s no necessity to re-examine t h i s regime. But the negotiation of minimum • working conditions by organizations representing non-sa l a r i e d a r t i s t s i s not recognized by law. ...According to the l e g i s l a t i o n now in place, s e l f -employed a r t i s t s have no choice but to resort to c o l l e c t i v e bargaining for minimum working conditions outside the authority of ex i s t i n g labour codes. (2:10, 2:11) S t r i c t l y speaking, because they had been operating outside the provisions of federal and p r o v i n c i a l codes, the actors','.associations Equity and ACTRA had never engaged i n " c o l l e c t i v e bargaining." C o l l e c t i v e bargaining, under the Codes, takes place between an employer and a union. The employee i s not part of the contract. The associations representing Canadian actors had been executing "voluntary scale agreements," such as the Canadian Theatre Agreement (CTA) between Equity and the Professional Association of Canadian Theatres (PACT) in theatre, and the Independent Production Agreement (IPA) between ACTRA and the- Canadian 69 Film and Television Producers Association (CFTPA) in f i l m and t e l e v i s i o n production.. These agreements were vulnerable to attacks by producers who did not wish to j o i n PACT or the CFTPA, and who demanded special or concessionary agreements outside of the the CTA or the IPA. On one occasion at least in the late '80's, th i s wrinkle had resulted i n the seizure of ACTRA records during an investigation under the Competition Act which, though e s s e n t i a l l y toothless'when compared to U.S. a n t i - t r u s t l e g i s l a t i o n , i s designed to prevent combinations i n . r e s t r a i n t of trade. Though the. producers' charge was eventually dismissed, the threat was s t i l l there. Minister Masse asserted that, We must c l a r i f y the l e g i s l a t i o n covering t h i s c o l l e c t i v e bargaining, i n the l i g h t of the Competition Act and the Labour Codes, and do so i n f u l l ; consideration of the needs of a r t i s t s . . He rejected the notion of "employee" status for a r t i s t s as s i m p l i s t i c . •• At present, legal recognition of the right of a r t i s t s to bargain c o l l e c t i v e l y might c a l l into question t h e i r status as entrepreneurs under the Income Tax Act. If. considered ;a paid employee, the non-salaried a r t i s t would., not be able to claim legitimate business expenses. The loss of self-employed status would c e r t a i n l y have far greater costs for a r t i s t s than any short- or medium-term gains they might obtain from o f f i c i a l recognition of the right to c o l l e c t i v e 70 bargaining. Minister Masse spoke further on tax and social/economic issues, including, "additional measures available as a matter of course to other groups: insurance of a r t i s t s ' earnings against bankruptcies, as when a producer or d i s t r i b u t o r f a i l s to pay them." (2:12) He concluded his prepared .remarks by reminding the Committee, i t i s important that there be no misunderstanding regarding the significance and impact of the recognition of the status of the a r t i s t . A r t i s t s only wish to have t h e i r working conditions understood. . . . l e t us a l l recognize that resolution of the questions related to the status of the a r t i s t i s fundamental to our country's future, for a society without a r t i s t s has no i d e n t i t y . (2:13). Sheila Finestone, l a t e r Minister responsible for Multiculturalism under the Liberals, began the questioning, and came quickly to the nub of the problem: Even though...you have looked at the key role the a r t i s t s i n a l l t h e i r creative endeavours play for Canada, which becomes even more important as we move into t h e i r new free trade environment, what i s the potential for r e a l i z a t i o n ? ...and I would l i k e to know what you r e a l l y expect and whether a r t i s t s are being led around and not in the end get anything r e a l . (2:14) 71 In 1994, two years a f t e r B i l l C-7, Status of the A r t i s t had been given r o y a l assent, and a f t e r he had l e f t the government, Masse gave a speech s p r i n k l e d w i t h r e g r e t s , and f u l l of q u e s t i o n s . Perhaps Mrs. F i n e s t o n e ' s q u e s t i o n was s t i l l r o l l i n g around i n h i s mind... Hadn't a r t i s t s been l e d around, and i n the end not gotten anything r e a l ? With the p r o f u s i o n of t e c h n o l o g i e s b r i n g i n g a r e l e n t l e s s flow of i n f o r m a t i o n from every corner of the globe i n t o our l i v i n g rooms, can we s t i l l f o s t e r and p r o t e c t c u l t u r a l s o v e r e i g n t y ? Are p r o t e c t i o n i s m and r e g u l a t i o n r e l i a b l e s t r a t e g i e s or should we y i e l d to the p r e s s u r e s of an open market and the disappearance of c u l t u r a l d i f f e r e n c e s ? ...The.new t e c h n o l o g i e s w i l l p r o b a b l y r e s u l t i n the i n t e g r a t i o n of the p r o d u c t i o n and d i s t r i b u t i o n p r o c e s s e s . As t h i n g s are going now, i t . i s not at a l l sure that the system t h a t emerges w i l l not correspond to the i d e a l of Time-Warner. What i s r e a l l y at i s s u e i s not the q u e s t i o n of y i e l d i n g to the • p r e s s u r e s of an open market -- we'did t h a t long ago. I t i s n o t . . . j u s t an i s s u e of whether we are able to p r o t e c t our s m a l l share of the domestic market, but • whether we are w i l l i n g t o do so. (Canadian Conference of the A r t s : World Beyond Borders C o n t r i b u t o r s statements, 1994, 18-19) The g e n e r a t i o n a l n a t i o n a l i s m t h a t bred the docu-drama heroes of Rick S a l u t i n ' s 1537, The Farmers' Revolt are now regarded much l i k e the "commercialized f e u d a l i s m " t h a t 1837 r e b e l s 72 fought•against. They lose one b a t t l e a f t e r another for the hearts and minds of post-Free Trade Canada. They are regarded as the landed gentry of the c u l t u r a l scene, and they provide an easier target than the r i s i n g bourgeoisie of the f i l m industry. Perhaps i t i s a function of how the respective Canadian Content regulations worked, but as a" generation of Canadian country music singers takes America by storm, the n a t i o n a l i s t theatre's "bourgeois revolution" of the 197 0's i s a fading memory. At about 6 P.M. on the evening of October 2, 1991, Canadian Actors' Equity Association, i n the persons of Christopher Marston, Executive Director and J e f f Braunstein, President, appeared before the Standing Committee during the hearings Pursuant to Standing Order 108(2), a study of the implications of communications and culture for Canadian unity. Early in the session, the discontinuity between labour law and a r t i s t s ' professional associations was raised by the Committee'. In reference to what became clauses 22 and 51 of the Status of the Artist Act, Mr. Marston was asked ...How do you f e e l about the union's right to a closed shop? Mr. Marston: ...We are concerned about the Issue of the closed shop because a r t i s t s ' . associations exist as c o l l e c t i v e s . They exist for the c o l l e c t i v e action of • t h e i r members. But -artists also operate on the basis 73 of i n d i v i d u a l c o n t r a c t s . ...Our concern i s t h a t i f t h a t p a r t i c u l a r element i n the l e g i s l a t i o n [ i . e . , c l o s e d shop forbidden] were to have the f o r c e of law and be i n i t i t a t e d by the v a r i o u s p r o v i n c i a l j u r i s d i c t i o n s where i t would, of course, have the most e f f e c t , then we would be i n a s i t u a t i o n where we would be unable to c o n t r o l our members, because t h a t l e g i s l a t i o n allows the access of anybody i n t o the c o l l e c t i v e agreement, i f you l i k e , whether or not they are members. (2-10-1991, 1:40) R e p r e s e n t a t i v e s of the American Federation of Musicians and the Canadian Writers' Union l a t e r t e s t i f i e d to the Committee on the l a c k of a p r o v i s i o n f o r a " c l o s e d shop" i n the proposed Status of the Artist Act. Peggy Dickens, E x e c u t i v e D i r e c t o r of the W r i t e r s ' Union, e x p l a i n e d t h a t the the- Canadian Artists and.Producers Professional Relations Tribunal and (say) the B.C. Labour Relations Board r e g u l a t i o n s a g a i n s t " c l o s e d shop" agreements d i d not apply to them, as The W r i t e r ' s Union i s an o r g a n i z a t i o n of i n d i v i d u a l c r e a t o r s and we would not b a r g a i n c o l l e c t i v e l y f o r [our members]. They are self-employed i n d i v i d u a l s . . . . t h i s i s an area t h a t i s much more s e n s i t i v e - to o r g a n i z a t i o n s such as ACTRA...it i s not of prime concern to w r i t e r s because they are self-employed. (31-10-1991, 13:39) The W r i t e r s ' Union may c a l l i t s e l f a union, but i t cannot be 74 c e r t i f i e d as one u n t i l i t i s responsible for "relations between employers and employees through c o l l e c t i v e bargaining" (B.C. Labour Relations Code, D e f i n i t i o n s ) , which, as Ms. Dickens t e s t i f i e d , her Union is"not, as i t s members are self-employed. Meanwhile, the Executive Director of ACTRA -- a professional association, an a l l i a n c e of closed-shop guilds — does no better, t e s t i f y i n g that "we are e s s e n t i a l l y a trade union." The American Federation of Musicians did not seem quite so-conflicted about i t s i d e n t i t y . Their b r i e f stated, ...we f e e l that the general intent of the B i l l merits our support. However, we cannot support a B i l l that l e g i s l a t e s away an artist-producer r e l a t i o n s h i p that has been univ e r s a l l y b e n e f i c i a l for many decades. (SCCC 25-3-1992, 31:1) and went on to explain that i n the AFM system, the engager deals with the leader of the group, and the leader engages the musicians, a l l of whom must be AFM members according to AFM constitution. Therefore, a closed shop was essenti a l , except in-the case of solo a r t i s t s . As i t turned out, when B i l l C-7 was passed into law, clauses 22 and/or.51 did not s p e c i f i c a l l y prohibit a "closed shop" of the sort a r t i s t s have t r a d i t i o n a l l y used to regulate t h e i r membership. It . did,.however, preclude some of the methods (threat of expulsion, for example) by which they have enforced t h e i r will.upon members, for a l l p r a c t i c a l purposes, l i m i t i n g the 75 reasons for expulsion to non-payment of membership dues, as i s the case in labour law. In the d e f i n i t i o n s of independent contractor and a r t i s t , the t r a d i t i o n a l engagement practices of the AFM where musicians are not engaged i n d i v i d u a l l y but as a group through a leader who executes an agreement with an engager, was not accomdated in the Act as eventually passed. This l i k e l y contributed to the AFM opposing p r o v i n c i a l l e g i s l a t i o n in B r i t i s h Columbia that'might- r e p l i c a t e the federal Act i n 1993. Later on during t h e i r evening session of 2 October 1991, which was, a f t e r a l l , about national unity, the Committe Chairman asked Equity President J e f f Braunstein, about his views on the relationship between the "two solitudes". ...do you see a blending i n any way of the French Canadian and Anglo-Saxon cultures? ...It seems to me you might have a view on t h i s perspective. Mr. Braunstein: I r e a l l y see the two cultures as separate. I r e a l l y do — just h i s t o r i c a l l y , where they have come from. There may be a meld somewhere down the l i n e , and that's the hope of everybody, I think. I guess that was the hope i n forcing b i l i n g u a l i s m on the country, that i t would i n fact take place. I think i t has done just the opposite. It has polarized people. The Chairman: I'm not sure that was the aim of bilingualism, frankly. I thought the aim of 76 b i l i n g u a l i s m was to l e t both e x i s t and be served by t h e i r governments. But you t h i n k i t w i l l move, i n an e v o l u t i o n sense? Mr. B r a u n s t e i n : No. The Chairman: Do'you t h i n k i t w i l l remain p o l a r i z e d ? Mr. B r a u n s t e i n : Yes. Mrs. F i n e s t o n e : I don't t h i n k " p o l a r i z e d " i s the r i g h t word. The Chairman: Separate i d e n t i t i e s . Mr. B r a u n s t e i n : Separate i d e n t i t i e s . (4:42-43) When asked what the t h e a t r e c o u l d c o n t r i b u t e to n a t i o n a l u n i t y , E q u i t y P r e s i d e n t B r a u n s t e i n had e x p l a i n e d , Mr. B r a u n s t e i n : The t h e a t r e i s a very r e g i o n a l t h i n g . I t i s community. I t i s c i t i e s . I t t r u l y i s . ...Those are the markets we have to work i n . They are small markets, so what does make us n a t i o n a l ? T e l e v i s i o n w i l l make us n a t i o n a l . (2-10-1991 4:35) On November 28, 1991, ACTRA (Bruce MacLeod, Garry N e i l , Cam C a t h c a r t , Sonya Smits, and Catherine Allman) appeared bef o r e the Standing Committee. They, too, were questioned on the same i s s u e ... Quebec. The ACTRA r e p r e s e n t a t i v e s seemed to express an a t t i t u d e t h a t d i d not s i t w e l l with some honourable members. The d i s c u s s i o n devolved to t h i s : Mr. N e i l : ...we- fundamentally b e l i e v e the a r t i s t s i n Quebec and the people of Quebec w i l l make th a t d e c i s i o n . So we make no comment about the p o s s i b i l i t y 77 of the n e g o t i a t i n g of an agreement with Quebec. The comments we make, t h e r e f o r e , are r e l a t e d to o t h e r p r o v i n c e s . We are e x t r a o r d i n a r i l y concerned about any suggestion — Mrs. Finestone: You know, Garry, you have to stop, t h e r e . I have t o t e l l you, as an E n g l i s h -speaking Quebecker, I have a great d e a l of concern. I want to make very sure t h a t I understand; you're going t o p a r t i c i p a t e i n d i s c u s s i o n s t h a t w i l l i n c l u d e those a r t i s t i c e x p r e s s i o n s i n languages other than French. Is that what you were saying? Mr. N e i l : Our p o s i t i o n i s very c l e a r . I thought I made i t q u i t e c l e a r . We acknowledge the r i g h t of Quebec a r t i s t s to freedom of expression.. We acknowledge the d e s i r e s of the Quebec government to n e g o t i a t e more c o n t r o l over the p r o v i n c e ' s c u l t u r e and communications area. We w i l l p a r t i c i a p t e i n t h a t debate as r e s i d e n t s and a r t i s t s i n the p r o v i n c e of Quebec, where we work o n l y i n the E n g l i s h language.. ACTRA does not p a r t i c i p a t e . Our members o b v i o u s l y work i n both E n g l i s h and French, but ACTRA i t s e l f , the. . j u r i s d i c t i o n of ACTRA, i s r e l a t e d to the E n g l i s h ' language. So our comments with r e s p e c t ot that process w i l l r e l a t e to our j u r i s d i c t i o n . Mr.'Hogue (Outremont): I. t o t a l l y d i s a g r e e . Je suis-totalement en dessaccord. C'.est t r e s important. The Chairman: Order. 78 Mrs. Finestone: Garry, I f i n d what you have just said a l i t t l e hard to understand. ...Are you t e l l i n g me that you're not prepared, as a national organization --and I s t i l l believe Quebec i s a part of Canada, I didn't know that i t had l e f t without my knowledge or my p a r t i c i p a t i o n — to talk for the a r t i s t s of Quebec... . I would be very cross i f I thought that ACTRA had abdicated i t s r e s p o n s i b i l i t y to speak for the a r t i s t s of Quebec of the language of the other o f f i c i a l group, the o f f i c i a l English-speaking minority of Quebec, which happens to be very heterogeneous, very diverse, as i s the French population. Mr. N e i l : We are not abdicating our r e s p o n s i b i l i t y . We share your concerns. Mrs. Finestone: Well, not the.way you're stating i t . Mr- N e i l : The members ' • The Chairman: Order. Could we give t h i s witness a chance to answer t h i s question. Dr. Hogue, you are going to have your opportunity to question. This i s a very important issue and I'd l i k e to hear your reply. Mr. Hogue: 'J'invoque le Reglement, monsieur le president. Je ne veux. pas parler. Je veux seulement savoir s i j ' a i ma place i c i . [trans. On- a .point of order, Mr. Chairman, I don't want to speak. I only-want to know i f I belong here.] That's my concern. I don't know i f I belong here. The Chairman: You belong here. 79 Mr. Hogue:.- I know where-I stand, and I know that I belong here. C'est un rappel au Reglement. S ' i l faut prendre a l a "lettre ce que j'entends, je n'ai plus rien a f a i r e i c i . Je vais l a i s s e r cela aux anglophones et je vais parler a M. Turgeon [President, Union des A r t i s t e s ] , my friend, [trans. This is a point of order. If I am to take l i t e r a l l y what I have heard, I do not belong here. I ' l l let my English-speaking colleagues deal with this and I ' l l speak to Mr. Turgeon...] The Chairman: You do belong here. Order, please. Mrs. Finestone: Restez i c i . The Chairman: Order. This i s a free country and t h i s i s a free forum. (28-11-1991, 25:11-25:13) Mr. de Jong of the NDP waded in, and t r i e d to repair some of the damage with an a r t f u l set of leading questions designed to c l a r i f y the issue, as i t were, but the damage was done. The above is. a t y p i c a l of the fall-out. from the erosion of the arms-length model established by the Massey Report. In the dialogue above, the Committee were administering v e i l e d 'loyalty oaths', and, in contrast to the famous HUAC confrontation with wily Bert Brecht, the Hon. Members were neither s a t i s f i e d , nor out-smarted. Actors who wouldn't wave-the Maple Leaf over Quebec for Standing Order 108(2), a study of the implications of communications and culture for Canadian unity gained scant sympathy among federal p o l i t i c i a n s charged with the resp o n s i b i l t y of holding the 80 country together i n the face of a powerful seperatist party in the .House of Commons and in Quebec. It i s arguable that one reason for the devolution of c u l t u r a l p o l i c y to the provinces encountering less p o l i t i c a l resistance than we might have expected at the federal l e v e l i s that a r t i s t s and t h e i r representatives, a f t e r i d e n t i f y i n g themselves with the survival of the Canadian id e n t i t y , have f a i l e d to play the national unity game with much aplomb. A recent volume on Canadian culture recommends that we continue along the path of p o l i t i c i z a t i o n , c a l l i n g for a Ministry of Culture... fewer r e s p o n s i b i l i t i e s for the Canada Council... and yet another plan to "decentralize c u l t u r a l funding and administration." (Henigan, 90-107) Is t h i s wise? As more of our c u l t u r a l p o l i c y r e s p o n s i b i l i t i e s have sh i f t e d to the M i n i s t e r i a l , realm and away from the Canada Council, more of our discussions about a r t i s t s and t h e i r work have been conducted in p o l i t i c a l terms. As more of our discussions are conducted on p o l i t i c a l terms, more of our c u l t u r a l p o l i c y has followed our i n d u s t r i a l p o l i c y to p r o v i n c i a l j u r i s d i c t i o n . Standing Committees, whether located in Ottawa or p r o v i n c i a l c a p i t a l s , g r i l l a r t i s t s and t h e i r representatives on t h e i r p o l i t i c a l opinions (when one might expect they'd be talking about c u l t u r a l development). Is t h i s more e f f e c t i v e and/or more democratic than the arms-length model, with i t s public hearings conducted across, the country and open to a l l through a Royal Commission or Task Force? 81 Under the arms-length system i t was to be the Canada Council that was accountable to Parliament, not the a r t i s t s themselves. The arms that hold a r t i s t s and the state apart must be re a l arms, and have hands to grip, and to hold i f they are to be more than agents of Orwellian double-speak. The arms-length relationship i s an eternal stand-off between propriety and prosperity, between art and economics, between A r t i s t and State. Actors are engaged in commerce, using the human c a p i t a l that l i e s within them, what Yeats c a l l e d "an a c t i v i t y of the souls of the characters, i t i s an energy, an eddy of l i f e purified, from everything but i t s e l f . " In terms" of status, what makes actors and dancers unique as a r t i s t s and c i t i z e n s i s not t h e i r t r a i n i n g , talent or accomplishment. Their uniqueness l i e s in the fact that t h e i r art i s located, not i n an object — t h e i r score, t h e i r manuscript, t h e i r painting — but .in t h e i r bodies, and t h e i r personhood. Paintings are art 'made by people. Actors are people re-made by a r t . While a painting does not have human rights, the painter does. Both the actor and performance must, for they cannot be separated. I contend that the single, seminal, and s t i l l the most useful, post-war c u l t u r a l document addressing status of the a r t i s t i s the U.N. Universal Declaration of Human Rights, i n which freedom of expression and freedom to exploit one's talents are upheld as a human right, an idea developed i n the 1980 U.N. Begrade Recommendation concerning Status of the Artist, and 82 the Canadian Status of the A r t i s t Act, Part I. 8. Canadian devolution and the status of the actor. Before the Vagrancy Laws took hold of the l o c a l i z e d medieval theatre and shook i t to death, the theatre's i n t e r n a t i o n a l consciousness r e s i d e d i n the church. For the l a s t f i v e hundred years, l o c a l c u l t u r e has been separated from i n t e r n a t i o n a l a u t h o r i t y by the a s s e r t i o n s of the n a t i o n state:- ..Recently, the t r a d i t i o n of a s s e r t i n g n a t i o n a l i d e n t i t y through c u l t u r a l p o l i c y has been under pressure, both i n t e r n a t i o n a l l y and i n Canada. Trade l i b e r a l i z a t i o n demands from t r a n s - n a t i o n a l entertainment corporations have cut deeply i n t o the Canadian c u l t u r a l market i n the l a s t ten years. The n a t i o n a l s p i r i t had been weakened b y - f r u i t l e s s f e d e r a l - p r o v i n c i a l c o n s t i t u t i o n a l power-struggles. R e g i o n a l i z a t i o n at the CBC was .abandoned. The 1980's ended wit h more cuts i n f e d e r a l support for. Canadian c u l t u r e ; the a r r i v a l of Free Trade; and the r i s e . o f the c o n t i n e n t a l i s t " c u l t u r a l i n d u s t r i e s " concept. I n s t i t u t i o n s from the Canadian C o u n c i l . t o T e l e f i l m to ACTRA f a i l e d v a r i o u s l y to address the expl o s i o n of media production i n the West. ACTRA and Canadian A c t o r s ' Equity were engaged with the f e d e r a l government over a Status of the A r t i s t Act that 83 would g i v e self-employed a r t i s t s the r i g h t t o c e r t i f y t h e i r s c a l e agreements and p r o t e c t them from the Competition A c t . They a l s o sought an improvement i n a c t o r s ' tax s t a t u s with continued access t o self-employed tax dedu c t i o n s . They were concerned with the progress of Canadian Copyright r e v i s i o n s . They hoped that r e v i s i o n s c o u l d enhance a r t i s t s ' a b i l i t y t o p r o t e c t the I n t e g r i t y and r e s i d u a l value of t h e i r performances. They wanted l e g i s l a t i v e mechanisms that c o u l d maintain a r t i s t i c freedom and enhance a r t i s t s ' a b i l i t i e s to manage t h e i r own c a r e e r s , as the product they make i s r e -s o l d , re-arranged, re-mounted, and re-packaged.using analog and d i g i t a l technology. ACTRA i n the l a t e 1980's, however, was i n steep d e c l i n e . The major cause of ACTRA's t r o u b l e s as a n a t i o n a l p r o f e s s i o n a l a s s o c i a t i o n may have been the r e t i r e m e n t of Paul S i r e n a f t e r 22 years at the helm as i t s E x e c u t i v e D i r e c t o r . S i r e n had an early-background i n s o c i a l a c t i v i s m and the labour movement (UAW, CAW). He had l e d Canada's d e l e g a t i o n to Belgrade i n 1980 {Belgrade Recommendation), c o - c h a i r e d the Status of the A r t i s t Task Force ( S i r e n -G e l i n a s Report), and overseen the d r a f t i n g of the Canadian Artists' Code. Under S i r e n , ACTRA had spear-headed n a t i o n a l and i n t e r n a t i o n a l ( I n t e r n a t i o n a l Federation of Actors) c u l t u r a l i n i t i a t i v e s f o r p r o f e s s i o n a l s i n f i l m , r a d i o , and t e l e v i s i o n . Without S i r e n , ACTRA began to f l o u n d e r . ACTRA was a t r o u b l e d o r g a n i z a t i o n , r e a c t i n g to change with 84 c o n f u s i o n . I t had a proud h i s t o r y but by the end of the 1980's, i t was a debt-ridden, squabbling, mess. ACTRA r e f l e c t e d the s t a t e of i t s major employer, the CBC. G e n e r a l l y , an ACTRA branch had been set up where the CBC maintained a s i g n i f i c a n t presence-, i n order t o s e r v i c e CBC employees and c o n t r a c t p l a y e r s . The d e c l i n e of the CBC as a n a t i o n a l i n s t i t u t i o n , and the r i s e of f o r e i g n p r o d u c t i o n , c o u l d not help but a f f e c t ACTRA. ACTRA members' revenues from Vancouver had i n c r e a s e d some 1000 per cent d u r i n g the 1980's.- Meanwhile, ACTRA had gone i n t o d e f i c i t . I t supported a b u l k l y 60 member N a t i o n a l C o u n c i l , yet seemed unresponsive to r e g i o n a l c o n d i t i o n s . The o r g a n i z a t i o n p a i n f u l l y r e s t r u c t e d i t s e l f . a s an a l l i a n c e , o f o c c u p a t i o n a l , g u i l d s r a t h e r . t h a n a s i n g l e g u i l d t h at r e p r e s e n t e d d i f f e r e n t o c c u p a t i o n s . I t was s t i l l a n a t i o n a l body, and as such, i t s g r e a t e s t t h r e a t came from the i n t e n s i t y o f r e g i o n a l a s p i r a t i o n s . . The ACTRA Performers' G u i l d i s no lon g e r a presence i n B r i t i s h Columbia. I t has been supplanted, a f t e r a long and b i t t e r s t r u g g l e , by the' p r o v i n c i a l Union of'.B.C. Performers. By the end;of the 1980's, v a r i o u s ACTRA components such as• the- writers-' unit, were i n the process of n e g o t i a t i n g t h e i r independence. ACTRA a s s e r t e d w r i t e r s ' c o p y r i g h t and performers' claims to neighbouring r i g h t s at the n a t i o n a l l e v e l , while i n B.C., w r i t e r s seeking work i n e p i s o d i c t e l e v i s i o n agreed to give up t h e i r c o p y r i g h t . T h i s was a 85 move that ACTRA, as a longtime supporter of strong copyright for both Canadian writers and performers, had r e s i s t e d . Through 1989, the communication from B.C. — i n t h i s case • from the 'President of the B.C. Performers Council regarding the chair of ACTRA Writer's Council, Drama Committee --became increasingly h o s t i l e : , • • Mr. [Jack] Gray's ex t r a o r d i n a r i l y controversial and immodestly sel f - s e r v i n g a r t i c l e was intended to sabotage our relationship with Cannell and Parmount. We're not surprised by t h i s attitude from him: a f t e r a l l , as an in d i v i d u a l who doesn't work i n the j u r i s d i c t i o n , Mr. Gray has absolutely no personal stake in t h i s relationship. But we w i l l not s i t quietly and allow t h i s kind of misleading nonsense to be put forward and not answered. And we also w i l l not permit our association with American producers to be jeopardized in any manner by the ravings of t h i s non-working member. (Wilson, in Writers Guild Toronto News, Vol 1 #1) By January of 1990, under a new Branch Rep., ACTRA in Vancover had joined with the Directors' Guild of Canada, B.C. District Council (DGC), Teamsters Local 155; and the International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada (IATSE) locals 667 and 891 to form the B.C. and Yukon Joint Council of Film Unions (BCYJCFU), The BCYJCFU advertised, "Producers can now look forward to j o i n t 86 bargaining; standardized contract language, terms and conditions for a l l unions..." (BCYJCFU brochure, 1990) By agreeing to go farther than simply aligning terms and cond i t i t i o n s , and agreeing to bargain in concert with employee organizations on a production-by-production basis, ACTRA in Vancouver joined i t s fortunes to the p r o v i n c i a l l y based, industry-wide, collective-bargaining regime that binds most employees and employers in Canada. Doing so, i t began to abandon the national professional association model, which administers voluntary minimum scale agreements for self-employed professionals. It had long been the opinion of the B.C. government that the c u l t u r a l industries f e l l within i t s j u r i d i c t i o n . While Ottawa controls communications policy, the, provinces regulate the employment of the people who make what goes on the airwaves and movie screens, •and most of the p o l i c y a f f e c t i n g the producers who employ them. In 1981, through the B.C. Industrial Relations Council,' IATSE took some j u r i s d i c t i o n from the Directors' Guild by replacing them as the bargaining unit for a number of DGC members who were judged to be "employees" (BCIRC #66/81). In i t s argument, IATSE claimed that the DGC was not a p r o v i n c i a l employees' organization, was making untimely raids, and was not applying for.an appropriate bargaining unit. Only the issue of p r o v i n c i a l status was considered. The DGC was judged not to be a p r o v i n c i a l union, and thus i t could not 87 represent employees for the purposes of c o l l e c t i v e bargaining. . " . . . I t i s the essence of the Guild that i t i s i t s intention to reach a state where a l l work of Directors in Canada s h a l l be established upon equal minimum terms and conditions of employment." (DGC constitution (4.21(g)) Therefore, a IATSE, a union with a p r o v i n c i a l l o c a l , was awarded j u r i s d i c t i o n over a number of 'employees' formerly represented by the DGC. The judgement i n the IATSE.v. DGC case turned on a 1954 r e v i s i o n of the (then) B r i t i s h Columbia Labour Relations Act, which stipulated that (1) a l l c o l l e c t i v e agreements had to be enacted by a labour body which represented employees through an o f f i c e in B r i t i s h Columbia, and (2) a l l c o l l e c t i v e agreements had t o be r a t i f i e d i n B r i t i s h Columbia. This r e v i s i o n had been influenced by an injunction against the American Federation of Musicians (AFM) by the New Palomar Supper Club. Like the Directors' Guild, the AFM r a t i f i e d i t s contracts"outside B.C., i n C a l i f o r n i a ; precluding the organization from representing employees in B.C., and establishing that the organization was not p r o v i n c i a l in nature (Carrothers, 189-190) . In 1988, perhaps as the re s u l t of a p a r t i c u l a r l y d i f f i c u l t experience with i t s production of We're No Angels, Paramount sought to re-negotiate with ACTRA for t h e i r 88 projects i n B.C. Cannell Films f e l t that they should be able to negotiate t h e i r agreements l o c a l l y , as well. Cannell Films was the flagship operation at the North Shore Studios, and a key supplier of product to MCA (later bought by Seagram) Television. The North Shore Studios were owned by the Bronfman (Seagrams) family holdings through Comweb, which also owned William F. White and Canadian P r o l i t e , located at the North Shore Studios and c o n t r o l l i n g 90% of the l i g h t i n g and grip rental revenues i n Vancouver (Holborn, 149). While both Paramount and Cannell were able to gain concessions through the Vancouver Branch Rep. of the day, they were then t o l d by the ACTRA national executive that the Vancouver Branch Rep d i d not have the authority to make separate agreements for B.C. ACTRA expected the producers to sign the IPA or face withdrawl of services from ACTRA members. Paramount and Cannell Films refused to sign the national ACTRA Independent Production Agreement(IPA). Karen Austin, an ACTRA National Director at the time, described the s i t u a t i o n from her perspective: I learned [that Cannell would not sign the ACTRA IPA] at a meeting of the B.C. Film Liason Committee--an informal group of union and government people. On November 21, 1988, months a f t e r the IPA had been r a t i f i e d and f i v e weeks a f t e r i t s e f f e c t i v e s t a r t i n g date, I attended a meeting ostensibly c a l l e d to discuss labour discord in the industry. In fact, the meeting was to discuss the new IPA. Representatives 89 from both Cannell and Paramount were there. IATSE's business agent chaired the meeting while the companies' executives explained t h e i r displeasure about the agreement... the IATSE rep asked what help Cannell needed to " k i l l " the IPA. During the meeting, I was alone, facing h o s t i l i t y from two producers - both of whom were former and future employers - and from the other unions. (Karen Austin, National Director, B.C. Performers, ' Actrascope, F a l l 1989, 19,25) That winter, memos from The ACTRA B.C. Council, and Branch Representative went further, warning that ACTRA contracts were not. recognized by B.C. law, and that The refusal of members under contract to perform for Cannell would have constituted an i l l e g a l s t r i k e . . . ACTRA members not under contract to Cannell would not be l i a b l e under la b o u r . l e g i s l a t i o n , but they might be • . . subject to action under Combines l e g i s l a t i o n or a common law action for conspiracy in r e s t r a i n t of trade. : (B.C.- Performers Guild Memorandum, February 21, ,1990) Actors were not advised, as they might have been, that --where an interlocutory, injunction i s sought on notice to proscribe further acts of the defendant, with a view to preserving the status quo u n t i l the action may be heard at t r i a l . . . The p l a i n t i f f must show a strong prima facie case of pending irreperable injury and give through counsel an undertaking i n damages f o r the p r o t e c t i o n of the defendant i n c a s e . i t should t u r n out at the hearing that the p l a i n t i f f i s i n the wrong (Carrothers, 6) The raucous meetings and the d i r e warnings confused and upset the members to the extent t h a t , i n February 1990, a " d i s s i d e n t group" (BCIRC #C70/91) of ACTRA members i n Vancouver.was able to form a trade union f o r the purposes of executing a p r o v i n c i a l c o l l e c t i v e agreement through the Industrial Relations Council, the British Columbia Production Agreement (BCPA) , which granted concessions to the master c o l l e c t i v e agreement on a production-by-production b a s i s , and y i e l d e d .5% a d m i n i s t r a t i o n fee on a given c o l l e c t i v e agreement to the B.C. and Yukon Joint Council of Film Unions. I r o n i c a l l y , one of the f i r s t concessionary agreements was granted to a show contracted to the CB.C, ACTRA's f o r t y -year counterpart i n vo l u n t a r y s c a l e agreements. The new B.C. union borrowed.the'ACTRA name and modified the ACTRA 'Independent Producltion Agreement j u s t enought to change i t from a- sc a l e agreement to a c o l l e c t i v e agreement. The l e t t e r of.adherence to the Canadian Film and Television Producers Association was dropped, e l i m i n a t i n g the i n j u n c t i o n against undercutting other member producers. Grievance a r b i t r a t i o n was removed from the actor/producer . j o i n t ' s t a n d i n g committee s p e c i f i e d i n the IPA, and given i t 91 oyer to the p r o v i n c i a l A r b i t r a t i o n Board. The cons t i t u t i o n a l membership requirements were changed to r e f l e c t that actors would be "employees" under p r o v i n c i a l l e g i s l a t i o n . It was important for the dissident group to be able to c e r t i f y c o l l e c t i v e agreements for actors under pr o v i n c i a l law as an employee's union. Any agreements that could be c e r t i f i e d i n B.C. could be put o f f - l i m i t s to ACTRA, which was a national professional association and not mandated to represent "employees i n B.C.". The new requirement that a member qu a l i f y as an employee i s i n the B.C. Performers' Guild Constitution of 1990; and the.half-dozen UBCP Constitutions struck between 1990 and 1995. The requirement that a member be an employee i s also contained in the 1992 "Galiano Accord", which was to have assigned successor rights for ACTRA's B.C. j u r i s d i c t i o n to the UBCP. The "Galiano Accord" f a i l e d (much l i k e the "Treaty of Beverly H i l l s " had i n 1946). The idea that actors are employees has not. (BCIRC #C77/91: #C90/91). Shortly a f t e r the l o c a l Council declared ACTRA i n B.C. to be an autonomous union i n 1990, the Branch Rep took the ACTRA s t a f f out on s t r i k e while they were negotiating a f i r s t c o l l e c t i v e agreement in"which the .Teamsters would represent ACTRA s t a f f in Vancouver. At issue was whether the Branch Rep. should be part of the. employee bargaining unit. The Industrial Relations Council found that the Branch Rep. was not management personnel, despite having a 92 separate contract of employment (BCIRC #C94/90). IRC Vice-Chair Richard Longpre wrote, "Nothing in the evidence, however, suggests Krasnick was part of the senior management team." (#C94/90, 7). Eventually, ACTRA f i r e d the Vancouver Branch'Rep. The Vancouver ACTRA Council resigned and formed a new union, c a l l e d the Union of B.C. Performers, setting up shop down the h a l l ( l i t e r a l l y ) from the ACTRA o f f i c e . They were supported by l o c a l producers (who donated o f f i c e space, computer equipment, and paid working dues for performers under the BCPA), the Directors' Guild (cash loan) and the Teamsters (cash loan). They hired the former ACTRA Branch Rep. as t h e i r Director of C o l l e c t i v e Bargaining. In September, 1991, plans to shape Status of the A r t i s t p o l i c y i n B.C. were d i s t r i b u t e d in a memo to the UBCP Executive by the UBCP Director of C o l l e c t i v e Bargaining (formerly the ACTRA Vancouver Branch Rep., see BCIRC #C/90). In a presentation to the Honourable Darlene Marzari, Minister with r e s p o n s i b i l i t y for Culture i n January, 1992 by the UBCP Director of C o l l e c t i v e Bargaining (who l a t e r became her advisor) the new union's goals were outlined to the Minister, a f u l l year before she announced the Status of the A r t i s t i n i t i a t i v e and eighteen months before PACT, CAEA, and ACTRA were given the opportunity to appear: ...the Union sought a package of l e g i s l a t i v e and government actions [in a 90 minute presentation to Darlene Marzari by the B.C. & Yukon Council of Film 93 . Unions]... In Quebec and i n Ottawa, l e g i s l a t i o n to recognize p r o f e s s i o n a l actors organizaions and s p e c i a l s t a t u s f o r a r t i s t s has i n c l u d e d the establishment of a r t i s t s ' t r i b u n a l s . . . From the p e r s p e c t i v e of the Union of B.C.Performers, the r i g h t s of B.C. actors would be served b e t t e r by a more relev a n t I n d u s t r i a l R e l a t i o n s Act and C o u n c i l , i n c o r p o r a t i n g a wider d e f i n i t i o n of employee and c a r e f u l l y customizing p r o v i s i o n s of p r o v i n c i a l labour l e g i s l a t i o n . From an i n d u s t r i a l p e r s p e c t i v e , the connections between the Union and the other member or g a n i z a t i o n s of the B.C. and Yukon Council of F i l m Unions have been f a r more important to the earning of a l i v e l i l h o o d than the l e g i s l a t i v e framework f o r the employer-employee r e l a t i o n s h i p . . . (Krasnick, UBCP Sides,' Feb. 1992) In t h e i r b r i e f to Darlene M a r z a r i , a Union that had been i n existence f o r one year — " d i s s i d e n t employees i n the Province of B r i t i s h Columbia" (BCIRC #C77/91) as one judge described them -- l a i d out the p r i n c i p l e s and o b j e c t i v e s that were adopted and expanded two years l a t e r by the B.C. Status of the A r t i s t Advisory Committee i n t h e i r recommendations. As always, we w i l l • c o n t i n u e to promote that f l e x i b i l i t y r e q u i r e d t o encourage producers to shoot on the West Coast, t a i l o r i n g agreements to production needs and showing our w i l l i n g n e s s to bend as part of the Council of F i l m Unions. In no other spot i n North America can 94 a producer meet with a l l the major f i l m unions, describe his project, and leave with a deal. (Krasnick, UBCP NEWSLETTER, May 1991). A February, 1992, b r i e f from the B.C. Motion Picture Association to Darlene Marzari had recommended that B.C. be made a "free trade zone" for US film, with no PST, GST, and no income tax for key US personnel. The b r i e f also recommended a Film Investment Program, more ambitious than Ontario's, and geared to gross employment and export d o l l a r earnings. The UBCP Director of C o l l e c t i v e Bargaining accompanied Marzari to L.A. (for the second time), and she returned the favour by speaking to the UBCP AGM and to the Government-Industry Motion Picture Round Table: ...The working assumption here i s that international and south of the border film-making i s trade whereas the development and support of indigenous B.C. talent i s culture. My experience over the l a s t four months • belies t h i s working assumption. It no longer holds • true, (ibid) In March, 1993, Marzari f i n a l l y announced the Status of the A r t i s t i n i t i a t i v e to the a r t i s t s and the public; hired the (by-now) ex-UBCP Director of C o l l e c t i v e Bargaining as chief of s t a f f ; and appointed a Status of the Artist Advisory-Committee, which requested b r i e f s from the arts community. The B.C. Status of the A r t i s t Advisory Committee's 95 recommendations f o r C o l l e c t i v e B a r g a i n i n g and Employment Standards (14-29) r e f l e c t e d the 1991 UBCP r e p o r t and 1992 b r i e f to M a r z a r i . They were i n o p p o s i t i o n to the 1993. '. b r i e f s p r e s e n t e d by CAEA, PACT, ACTRA, and the CCA. The B.C. Status of the A r t i s t A d v i s o r y r e j e c t e d the l o n g -standing p o s i t i o n of the a c t o r s and producers' a s s o c i a t i o n s -- t h a t t h e . a c t o r was a self-employed p r o f e s s i o n a l — a n d recommended i n c l u s i o n i n the Labour Relations Act. Not to have done so would have been tantamount to saying t h a t the unions, ACTRA B.C. and the UBCP, were both f r e a k s . In 1982, Mark Thompson, B.C. Commissioner of Employment Standards {Thompson Report, 1994) l a i d out the r a t i o n a l e : Many p r o f e s s i o n a l s supported [ p u b l i c s e r v i c e ] b a r g a i n i n g because they b e l i e v e d ( a c c u r a t e l y ) t h a t a . p o l i t i c a l d e c i s i o n f a v o u r i n g b a r g a i n i n g had been made, and groups choosing to remain a p a r t of the o l d system of c o n s u l t a t i o n would be at a disadvantage i n the d i s t r i b u t i o n of resources and other d e c i s i o n s . (Thompson i n Anderson & Gunderson, 382) T r a c i n g i t back t o the d e c i s i o n i n the DGC/IATSE case at the BCLRB i n 1981, the promotion and promulgation of p r o v i n c i a l labour, l e g i s l a t i o n f o r a r t i s t s seems to have been founded on something l i k e Mark Thompson's sentiment t h a t The p a s t f i f t e e n years have demonstrated t h a t p r o f e s s i o n a l s w i l l embrace c o l l e c t i v e b a r g a i n i n g , r e l u c t a n t l y at f i r s t , but permanently. (395). What has, been v i s i t e d upon a r t i s t s i n t h i s p r o v i n c e may be 96 i n the best t r a d i t i o n s of post-war i n d u s t r i a l unionism and founded i n the mainstream of labour r e l a t i o n s theory. Has i t met the h i s t o r i c a l demands upon the a r t i s t i c c a l l i n g and p r o f e s s i o n s ? . ' The Advisory Committee wrote o.f "the value and n e c e s s i t y of a r t i s t s to s o c i e t y confer r i g h t s and r e s p o n s i b i l i t i e s on both." This coupling of " r i g h t s and r e s p o n s i b i l i t i e s " echoes the t i t l e of a B.C. M i n i s t r y of Labour p u b l i c a t i o n issued a week e a r l i e r . ' In Rights and Responsibilities in a Changing Workplace: A Review of Employment Standards in British Columbia, by Commissioner Mark Thompson,' The Commission recommends complete coverage of a c t o r s , performers and musicians by the [B.C. Employment Standards] Act. (Thompson, 66) On February, 9, '1994, the B.C. Advisory Committee on the Status of the A r t i s t i s s ued i t s f i n a l r e p o r t , in spirit and in law. With the release of the Thompson report by Labour on February 3, 1994, in spirit and law had become i r r e l e v a n t a week before i t was published. A question that was presented as open on February 9 i n a M i n i s t r y o f . C u l t u r e document, was already closed i n a February 3 document from the M i n i s t r y of Labour. Of'compelling i n t e r e s t to a r t i s t s i n B.C. i s the Thompson Review's a s s e r t i o n t h a t , I f a r t i s t s or other 97 workers meet the t r a d i t i o n a l tests of employee-status, although they are engaged as "contractors," the Act should protect, them. By protecting "artists- or other workers" under the-Act, the government accepts that a r t i s t s can "meet the t r a d i t i o n a l tests of employee status". Thompson was already c i t i n g dn s p i r i t and in law as an authority representing the consensus of a r t i s t s , and recommended complete cover under the p r o v i n c i a l j u r i s d i c t i o n of the Employment Standards Act. Published by Labour on February. 3, the Thompson report was already recommending complete coverage of actors under the Act. Published by Culture on February 9, a week la t e r , in s p i r i t and in law was cautioning -that i f - a r t i s t s do not meet the tests of employee status,.then a r t i s t s should not be included-in the' Employment Standards Act. The arts community (Equity, PACT, VPTA, etc.)were aware'of the Culture document - scores of requests were made for copies that were not forthcoming -but they-' were not aware -of 'Labour's Thompson report and. a l l i t s implications. ACTRA BC requested an.Industrial Relations Inquiry i n June, 1994, to look into the unionization of f i l m actors. The Minister of Labour has refused the request .from three d i f f e r e n t associations. Revenue Canada w i l l a r r i v e at some sort of an opinion, eventually, about the tax status of actor-employees. ACTRA BC can be credited with establishing a "no-concession", industry-wide contract. In 1996, ACTRA B.C. was folded into the p r o v i n c i a l UBCP (Stephen Kelleher l e t t e r , January, 1996). 98 The union consistently receives 80% of. i t s 1 income from non-member sources, by " t o l l - g a t i n g " the fees of U.S. performers. Today--after years of "war of a t t r i t i o n " union p o l i t i c s , too many-harsh encounters, most of the actors simply avoid union a f f a i r s . In B r i t i s h Columbia, the over-ri d i n g , p r i n c i p l e of in s p i r i t and in law was expressed succinctly in the Report by Status of the A r t i s t ' Committee staff, and AFM Board member, Burt Harris: The Code was not written to.cover defined industries or c r a f t s ; instead, i t was intended to permit a '. contractual relationship i n which i n d i v i d u a l contracts are replaced by c o l l e c t i v e bargaining. The group can substitue i t s o v e r a l l demands for those of the i n d i v i d u a l ; a contractual breach i s one between -a union and an employer, not an i n d i v i d u a l ; and the property of a grievance .- the right to dispute and i n f r a c t i o n - rests with the bargaining agent, not the employee. (Report, 1994, 59-60) The B.C. Status of the A r t i s t recommendations i n the areas of C o l l e c t i v e Bargaining can be boiled down to' the remarks above. 'The regime describes a j u r i s d i c t i o n where actors have no status claim to moral, i n t e l l e c t u a l and l e g a l rights to t h e i r work beyond the provisions of. a c o l l e c t i v e agreement. Grievances.arising from residuals, buyouts and b i l l i n g rest, i n Mr. Harris' words "with the bargaining agent, not the employee." What of actors' self-employed tax 99 deductions? W i l l they be replaced by employee investment plans? The M i n i s t r y of Small Business Tourism and C u l t u r e , having abandoned Status of the A r t i s t l e g i s l a t i o n f o r the self-employed, now administers the EVCC program f o r a r t i s t s who are employees. I f f i l m a c tors were deemed s e l f -employed, deductions from t h e i r fees would not be a v a i l a b l e f o r the government's new. Employee Venture C a p i t a l Corporations (EVCC) mandated to i n v e s t i n f i l m as w e l l as other i n d u s t r i e s . Resolutions put forward by the ACTRA Performers' G u i l d -- c a l l i n g f o r p r o v i n c i a l governments, and B.C. i n p a r t i c u l a r , to empower the Canadian A r t i s t s and Producers P r o f e s s i o n a l Relation's T r i b u n a l (CAPPRT) t o empanel p r o v i n c i a l l y — passed, unanimously a t the 1993 B.C. Federation of Labour convention and at the 1994 Canadian Labour Congress convention. Federal l e g i s l a t i o n allowed actors self-employed s t a t u s at l e a s t , and o f f e r e d p r o t e c t i o n from the Competition Act. Employment law submerges the i n d i v i d u a l a c t o r i n the c o l l e c t i v e b a r g a i n i n g u n i t . Actors " s t a t u s " would e s t a b l i s h the r e l a t i o n s h i p of the i n d i v i d u a l a r t i s t to the Crown. As i t i s , the s t a t e need take l i t t l e or no n o t i c e of the i n d i v i d u a l a r t i s t "dependent c o n t r a c t o r " i n the c u l t u r a l i n d u s t r i e s (BCIRC #C117/91; BCIRC #C60/92). Imposing the B.C. Employment Standards Act and Labour Relations Act with generous exemptions f o r employers i s p o l i t i c a l c o n t r o l a p p l i e d to the actors f o r economic ends. 100 The Canadian Status of the A r t i s t Act, Part I I , which e s t a b l i s h e d the Canadian A r t i s t s and Producers Professional Relations Tribunal, i s l i m i t e d t o the CBC, t h e . N a t i o n a l A r t s Centre, and f e d e r a l l y regulated broadcasters. Those l i m i t a t i o n s notwithstanding, i t does recognize a r t i s t s as independent c o n t r a c t o r s , thus p r o v i d i n g an a l t e r n a t i v e to labour law, which only governs employees. Part I of the Act may assume a greater importance i n coming years, i f a r t i s t s should choose to b r i n g challenges t o ' p r o v i n c i a l labour law under the Charter of Rights and Freedoms. The i m p o s i t i o n of the Employment Standards Act caused a profound s h i f t i n a r t i s t - e n g a g e r r e l a t i o n s from the consentual to the coercive. When...the p r o s t i t u t e Jenny Diver of John Gay's Beggars' Opera (172.8) s t r i p s Macheath of h i s p i s t o l s , she does so i n the s e r v i c e of the e n t r e p r e n e u r i a l Mr. Peachum: the p r o s t i t u t e i s no longer self-employed, but an employee. ( E r i c Nicholson, i n Davis and Farge, 301.) The employee-actor enshrines the c u l t u r a l i n d u s t r i e s c l a i m that any neighbouring r i g h t not ceded to the a r t i s t remains w i t h the engager. Despite h i s t o r y , t r a d i t i o n , and n a t i o n a l l e g i s l a t i o n a l l p o i n t i n g i n the other d i r e c t i o n , the government of B.C..put i t s stamp on a r t i s t s , as employees. A c t o r s ' c o l l e c t i v i z a t i o n i s i n t e g r a l to an i n d u s t r i a l s t r a t e g y l u r i n g the entertainment t r a n s - n a t i o n a l s to B.C.. 101 PART THREE: Prescriptive "Throb, b a f f l e d and curious b r a i n ! throw out questions and answers! Suspend here and everywhere, e t e r n a l f l o a t of solution!. Gaze,' l o v i n g and t h i r s t i n g eyes, i n the house or s t r e e t or p u b l i c assembly! Sound out, voices of young men! l o u d l y and m u s i c a l l y c a l l me by my nighest name! L i v e , o l d l i f e ! p l a y the p a r t t h a t looks back on the ac t o r or a c t r e s s ! Play the o l d r o l e , the r o l e that i s great or small according as one makes i t ! Consider, you who peruse me, whether I may not i n unknown ways be l o o k i n g upon you." --Walt Whitman, Crossing Brooklyn Ferry 9. The industrialization of Canadian cultural policy The c u l t u r a l i n d u s t r i e s are s u b j e c t to an i n d u s t r i a l s t r a t e g y designed to welcome entertainment g i a n t s l i k e Seagrams/MCA, Viacom, and Time-Warner i n t o Canadian r e g i o n a l p r o d u c t i o n as g l o b a l producers and l o c a l sponsors. The t r a n s -n a t i o n a l s have a l r e a d y assumed a s e n i o r r e l a t i o n s h i p with a v a r i e t y of r e g i o n a l and n a t i o n a l producers i n Hollywood North. These conglomerates are t e c h n o l o g y - d r i v e n , e x p o r t - d r i v e n , and d e b t - d r i v e n ; and i n r e t u r n f o r t h e i r promise of jobs and export earnings, they demand a l e g i s l a t i v e atmosphere w i l l i n g to accommodate those q u a l i t i e s . In the 1990's, most Canadian c u l t u r a l l e g i s l a t i o n , p o l i c y , r e g u l a t i o n s , and p r a c t i c e i s s h i f t i n g t o accommodate and e x p l o i t the new " c u l t u r a l i n d u s t r i e s " along the l i n e s l a i d out by FTA, NAFTA, and GATT. A c t o r s have become employees i n B.C., without " r e c o g n i t i o n of the l i b e r t i e s 102 and rights, including moral, economic and s o c i a l rights, with p a r t i c u l a r reference to income and s o c i a l security, which a r t i s t s •should enjoy." (Belgrade Declaration, Definitions, 2). A Hollywood North b i t - p l a y e r (who may be a stage actor as well) i s saddled with a l l the r e s p o n s i b i l i t i e s of employee status, and precious few of the benefits.' Disney now makes a substantial amount of i t s product in Canada -- film, t e l e v i s i o n , publishing, software, licencing, recording, d i s t r i b u t i o n , broadcasting... and now, commercial theatre. In Canada, Viacom produces (through Paramount), •distributes (through Viacom) and exhibits (through Famous Players). Canadian players, l i k e Rogers and Western International Communications, are s i m i l a r l y structured. Canadian " c u l t u r a l i n d u s t r i e s " p o l i c i e s -- f e d e r a l l y and p r o v i n c i a l l y — are dominated by these conglomerates and t h e i r subsidiaries, servants, and a l l i e s . Hollywood North has v i s i t e d upon Canadian actors the disequilibrium of rapid colonization: breakdown of t h e i r s o c i a l and p o l i t i c a l structure, d i s t o r t i o n of t h e i r l o c a l economy; with the best jobs reserved for c i t i z e n s of the colonizing power. "Cu l t u r a l " funding i n the multiple m i l l i o n s subsidizes U.S. films and t e l e v i s i o n productions made here by Canadians for d i s t r i b u t i o n by U.S. majors to both the domestic ( i . e . U.S. and Canada) and foreign markets. Canadians pay more in t i c k e t prices, copyright, subsidy and i n t e l l e c t u a l property costs than we accrue in export earnings. We are s t i l l proud to think of the 103 production s e r v i c e f i l m boom as a s u n r i s e i n d u s t r y ' s t o l e n ' from the U.S.A. Under Annex 2106 of the FTA, the U.S. government may invoke a c o u n t e r v a i l on any c u l t u r a l funding or c u l t u r a l l e g i s l a t i o n i n Canada that may harm the i n t e r e s t s of U.S'. c u l t u r a l producers whose commerce i s r e g u l a t e d by the FTA. Why would they? Hollywood North i s an i n v e n t i o n of the major studios and l o c a l s u p p l i e r s who s e r v i c e them and governments t h a t - t a x them. F i l m i s shot i n Canada f o r the same reasons that Volkswagen makes product i n Mexican maquilladoras: e l a s t i c i t y i n the supply and cost of labour and m a t e r i a l . I t i s d o u b t f u l that the U.S. had ambitions to gain c o n t r o l of Canadian .Culture through the FTA. C e r t a i n l y , they have used Canadian c u l t u r a l p r o t e c t i o n i s m as a "hot button". The quid pro quo f o r the dubious p r o t e c t i o n of Canadian " o f f the t a b l e " indigenous c u l t u r e under the FTA has been the s t a t u t o r y encouragement of low-cost production of U.S. culture by U.S. t r a n s - n a t i o n a l s i n Canada. A f t e r some i n i t i a l i n s t a b i l i t y (a higher d o l l a r ) , the FTA secured a low Canadian d o l l a r , r e p l a c i n g i n f l a t i o n w i t h d e f l a t i o n as well as removing the t a r i f f s on goods and s e r v i c e s . Quite n a t u r a l l y , i n . a d e f l a t i o n a r y c l i m a t e , U.S. s t u d i o s wanted to make product i n Canada. Canadian tax s h e l t e r s , subsidy, i n f r a s t r u c t u r e and t r a i n i n g support accrues, f i n a l l y , to the majors. In Hollywood North, even as Southlands Corporation (7-11) has been f r a n c h i s i n g -Canadian r e t a i l e r s , Disney i s f r a n c h i s i n g Canadian f i l m producers. Ambitious Canadian production s e r v i c e companies may yearn to become "an i n n o v a t i v e s u b s i d i a r y " r a t h e r than "a r a t i o n a l i z e d production subsidiary".. The d i f f e r e n c e 104 being "attributable to the source of key decisions r e l a t i n g to the subsidiary's a c t i v i t i e s : Is the parent or the subsidiary the decision maker?" (Wex, 27). In post-FTA Canada, i t has begun to seem natural to us that U.S. entertainment product should be assembled In a Canadian c u l t u r a l export processing zone, using Canadian labour and Canadian a r t i s t s , usually (but not always) under U.S. d i r e c t i o n and control; and emerge v i r t u a l l y indistinguishable from i t s more expensive counterpart south of the 49th p a r a l l e l . Hollywood North i s a blend of the studio B-lot of the '40's and the location boom of the '60's, organized according to Japanese p r i n c i p l e s . Some economists have used "disorganized capitalism" to describe the f l u i d yet still-accumulative nature of todays' corporate r e l a t i o n s . Hollywood North means off-shore labour costs for L.A.-quality crews, low d o l l a r , government subsidy and tax-breaks, English language ("hosers" who can play "crackers"), American-style locations, P a c i f i c Time Zone. Hollywood North i s supported-with f r i e n d l y l e g i s l a t i o n , infrastructure, export development, and t r a i n i n g subsidies. The U.S. majors have lawyers working for them i n B.C. to incorporate one off-the-shelf "Canadian f i l m company" a f t e r another. While there are Canadian partners signatory to the incorporation, control of the purse i s held by the general partner who has a f i d u c i a r y relationship with the U.S. studio back i n L.A.. The film, therefore, remains under the f i n a n c i a l control of the U.S. major who has contracted with the U.S. producer. It i s a Canadian company for copyright, subsidy, and international co-105 production purposes. If the Canadian Production Manager i s given Producer status, and i s signatory to the incorporation, then the Producer i s also the Production Manager (a member of the Directors Guild or the Teamsters, which are members' of the Joint Council of Film Unions), and the f i l m thus has a Canadian Producer with a vote in the corporation but no rea l f i n a n c i a l control, who acts as the employer of record on the c o l l e c t i v e agreement. August 1993 saw the collapse of the indigenous British Columbia Motion Picture Association a f t e r 30 years of l i f e . This was followed by an announcement i n November 1993 that a group of producers led by P a c i f i c Motion Pictures, and including other players who service the U.S. giants, were forming a new B.C.-based producers' organization. Wayne S t e r l o f f of B.C. Film and Grant A l l a n of the' Beacon group of investments funds were quoted as supporters of th i s new body. Al l a n said, "...our industry associations have [had] a tendency to dwell only on the c u l t u r a l and creative concerns of the industry." By December of '93, Matthew O'Connor of PMP i s quoted in the trades as saying, "Krasnick i s just working c l o s e l y with us on a number of di f f e r e n t issues including labour and government r e l a t i o n s . " (Playback 11/93) The new producers' group became the autonomous B.C. branch of the Canadian Film and Television Producers Association (CFTPA), mimicking the structure of the Directors' Guild of Canada and the Union of B.C. Performers, and, as of thi s writing, the BCMPA has collapsed again. The 'middle ground' of Canadian c u l t u r a l product that the BCMPA producer/members 106 o r i g i n a l l y represented i s disappearing, no l e s s than the mid-s i z e d Canadian theatre companies. In the t h e a t r e there has been l e s s and l e s s produced between the mega-musical and the Fringe. We have seen an expansion of t e l e v i s i o n channels, but i n s t e a d of o r i g i n a l Canadian programing, the new channels run f o r e i g n f i l m s and ten to f i f t e e n year o l d re-runs of s e r i e s owned by Canada's l a r g e s t media g i a n t s . The middle ground .is s l i p p i n g away. The Canada Council - S o c i a l Sciences and Humanities Research C o u n c i l (SHRC) shotgun wedding and annulment during the e a r l y '90s weakened both. The e l i m i n a t i o n of p r o f e s s i o n a l development grants f o r i n d i v i d u a l a r t i s t s as a separate program, and the concurrent "career i n t e r v e n t i o n " s e c t o r a l t r a i n i n g i n i t i a t i v e s developed managed by Human Resources have s h i f t e d the emphasis from support f o r a r t i s t s to job c r e a t i o n . The Canada Council r e -s t r u c t u r e d and renewed i t s p r i o r i t i e s - i n 1995, and i s doing so again i n 1996, t r y i n g to do the same w i t h l e s s . These and other changes are not a r e s u l t of the philosophy or p r i n c i p l e s of the p a r t y i n power; the economics of the " c u l t u r a l i n d u s t r i e s " .-compell them. What i s 'new' today i s the attempt to r ecreate the o l d i n s e c u r i t y and competition between workers i n s p i t e of the -.. existence. of unions. This has been done-by s h i f t i n g the focus from i n d i v i d u a l job l o s s to the p o s s i b i l i t i e s of e n t i r e f a c i l i t i e s — i n v o l v i n g the e n t i r e workforce - being c l o s e d . " (Bob White, Pres. CAW, i n Marchak 1993, p 8) A Hollywood North a c t o r spends 85% of the time making product l o c a l l y that i s d i s t r i b u t e d i n t e r n a t i o n a l l y . . Actors are now i n a " c o l l e c t i v e b a r g a i n i n g " s i t u a t i o n under p r o v i n c i a l law which t i e s 107 them to continental f i l m industry. The province and nation enact measures to attra c t t h i s globally-marketed industry, and to keep i t growing.. Have actors been afforded the same consideration as other "workers" i n l e g i s l a t i o n , job creation and regional investment schemes? Cultural p o l i c y measures must be enacted to allow actors to receive some of the same benefits that other workers do from t h e i r employee status. Canadian Content regulations (governing T e l e f i l m and some pr o v i n c i a l funding) are governed by c u l t u r a l aims, to ensure that key creative roles go to Canadians. Most f i l m production decisions, though, are made for p r o f i t . Canadian c u l t u r a l p o l i c y also has i t s i n d u s t r i a l and economic aims; a t t r a c t i n g d i r e c t foreign investment; achieving gross employment growth. When government loan guarantees and investments i n f i l m production s t i p u l a t e that 90% of the employment on a f i l m has to be from B.C., then the remaining 10% of the film's employees are l i k e l y the predominantly U.S. cast. This i s detrimental to Canadian actors. Under the Canadian Content 'points system', the Lead and second Lead must be Canadian, but that does l i t t l e f or the employment prospects of the average actor. A "born-in-Canada" Lead and second Lead i s usually brought up from L.A., along with most of the feature players. Canadian actors would be better served by Canadian Content regulations that ignored the Lead and second Lead, and stipulated instead that 90% of the "below the l i n e " talent were Canadian. On many films, t h i s would double the number of Canadian actors. The t r a d i t i o n a l b e n e f i c i a r i e s of our trickle-down approach to Canadian Content p o l i c y are i n the "key" 108 creative positions. For working Canadian actors, t h i s i s not a l o g i c a l p o l i c y . Actors who choose to stay and work i n t h e i r home province are, e f f e c t i v e l y , never offered leads i n films i n order to s a t i s f y Canadian Content regulations. In t h i s continental f i l m economy, Hollywood North actors would be helped by incentives that w i l l kick in i f a certain percentage of cast i s l o c a l , not the Leads. The commercial dominance of U.S. culture among consumers i s an alternative that continues to erode the idependence of Canadian c u l t u r a l p o l i c y with economies of scale. Over the past two decades, global trends have splintered Canada into a federation of regional powers within a continental economy, each competing with each other for export d o l l a r s and foreign investment. Our philosophy of c u l t u r a l development has been reduced to v i r t u a l l y a single, focus: job creation. Job creation i s the end resu l t of the p o l i t i c i z a t i o n of the arts i n Canada. Job creation prefers the four-figure person-days-worked, ballooning a once-a-year Festivals,, to the steady s t a b i l i t y of fi v e small theatre companies with legitimate seasons. The effect of today's trans-national alternative i s to erode any other al t e r n a t i v e . The drive for domination of supply and market i s to the global corporations what the slow progress toward a. climax forest i s to the Douglas F i r . The model of the global corporation's drive for dominance plays i t s e l f out, repl i c a t e s i t s e l f at the l o c a l l e v e l , and even among public funding bodies. The 1982 Applebaum-Herbert commission affirmed the arms-length relationship, and recommended that such agencies should, be 109 "protected against deparmental encroachment", along with the the resources to do t h e i r work; and not be diverted, "to other channels more susceptible to p o l i t i c a l d i r e c t i o n and control." (Report, 1982, 37-41). The i n d u s t r i a l dominance of U.S. commercial values- i n Hollywood North, while p r i v i l e g i n g producers, has eroded the position of Canadian actors. In film, to compete with U.S. service production, c u l t u r a l p o l i c y has i n c l i n e d toward inducing a Canadian "star system" among young film-makers. Public funding bodies turn away from c u l t u r a l development and spend scarce public d o l l a r s on one or two projects with commercial p o t e n t i a l outside the domestic market. Rather than than support for a spectrum of indigenous a r t i s t s , here i s a p r i v i l e g i n g of c u l t u r a l producers who show export p o t e n t i a l . For example, through a funding program designed for emerging film-makers, one f i l m with' commercial potential was recently financed in B r i t i s h Columbia by B.C.. Film, the Canada Council, Telefilm, National Film Board, and B.C.'s Ministry of Multi-culturalism, to a t o t a l of $885,000.00. No private financing was raised. Though t h i s commercial f i l m was funded 100% with public money, there was no requirement that a completion bond be in place, nor a broadcast licence, nor a d i s t r i b u t i o n deal or any kind. In terms of policy, t h i s was to ensure that young film-makers would not have to compromise t h e i r v i s i o n to the demands of private investors. In r e a l i t y , to be given an unsecured $885,000, as f i r s t - t i m e feature producers, i s to be p r i v i l e g e d . 110 The f i l m eventually cost the taxpayers over a m i l l i o n d o l l a r s . Yet, the actors worked for $177 per twelve-hour day, no over-time, no buy-out and no residuals. And no d e f e r r a l s . ACTRA granted a waiver to a single member to appear in a non-signatory fi l m , and she was paid at above mimimum rate, and the organization was not aware that other members were appearing i n the f i l m . IATSE and DGC are l i s t e d i n the cre d i t s , but ACTRA i s not; nor i s The Union of B.C. Performers, though a number of the performers belonged to the UBCP. The p r i v i l e g i n g of. producers-over actors i s a function of Canadian c u l t u r a l development i n t i t i a t i v e s directed toward the continental f i l m industry. Because they were p u b l i c l y financed, the producers in t h i s case walk away u t t e r l y unencumbered with cash investors or a r t i s t s ' deferrals, and d i s t r i b u t i o n open. The actors received nothing . from the film's t h e a t r i c a l release and i t s subsequent release on video; nor w i l l receive anything for i t s eventual broadcast on t e l e v i s i o n . The p r i v i l e g i n g of producers over a r t i s t s by Canadian c u l t u r a l p o l i c y follows in the wake of a s i m i l a r d r i f t in the software industry, which also maintains a growing presence in B r i t i s h Columbia. As early as 1985, Gary L i t t l e , l e g a l counsel- for the Vancouver ad hoc Committee on Computer Related Problems, along with David Austin, counsel for B.C. Hydro, appeared before the Standing Committee on Communications and Culture to argue that the creators of software programs should be denied a proprietary r i g h t i n . i t s e x p l o i t a t i o n : Gary L i t t l e : Who should own the work created by employees in the course of t h e i r employment? We f e e l strongly i t . should be the employer. It i s the employer who i s fronting 111 the r i s k . He puts up a l l the money, presumably does the market research before h i r i n g the employee to do the coding and, therefore, the employer should benefit. (SCCC 17-6-1985 16:34) Acting out t h i s philosophy in today's continental economy under the pressure of j u s t i f y i n g themselves against the withering competition of U.S. d i s t r i b u t o r s , Canadian c u l t u r a l agencies w i l l now spend, i n concert, over a m i l l i o n d o l l a r s on a three-person production company that has never produced a feature before, while remaining comfortably ignorant of the exploitation of Canadian actors. The p r i n c i p l e s of Canadian c u l t u r a l development have been skewed, by competition from the Canadian f i l m community that services U.S. runaway production, and now competes for the same government d o l l a r s . Funding bodies no longer t r y to achieve the greatest good for the greatest number of worthy Canadian a r t i s t s . They back winners. In the case of t h i s film, actors now regulated by labour law B r i t i s h Columbia were the losers, because t h e i r unions have status i n p r o v i n c i a l labour law; the actors do not. In the unequal struggle between global industry and l o c a l unions, the workers are most at r i s k : That there was not a word abour the fundamental rights of workers i n the thousands of pages of rules [in NAFTA and the Dunkel Round of GATT] r e f l e c t s the p r i o r i t i e s of those doing the negotiating, rather than any principled'opposition to trade regulation. (Collingsworth, Gould, Harvey, 10) 112 T.he two dozen actors i n t h i s f i l m were not treated i n the s p i r i t of A r t i c l e 27(2) of the Universal D e l c l a r a t i o n of Human Rights. The Belgrade Recommendation concerning Status of the A r t i s t meant to address just such cases, so that the economic and moral rights of a r t i s t s to the f r u i t s of t h e i r work should be recognized. If the funding bodies and the Canadian people believe that they are in competition with the Americans for financing commercial product, then they did not make a wrong decision. In the case of c u l t u r a l goals, among others, economic • analysis can be of great help in bringing about a clearer - i d e n t i f i c a t i o n of the goals i n the f i r s t place. ...In an increasingly service-oriented and knowledge-based society, c u l t u r a l matters i n the broadest sense are to a growing extent what economic l i f e i s a l l about. (Economic Council, 1971, 139-140) What i s 'problematic i s that variously-mandated, publicly-funded, . arms-length and non-arms-length i n s t i t u t i o n s -- B.C. Film, the Canada Council, Telefilm, National Film Board, B.C.'s Ministry of Multi-culturalism -- should blend together as i f they were a f i l m studio, and decide in concert to back a single f i l m . Funding by one body may form part of the c r i t e r i a for funding by another. If funding bodies are now expected to pool not only t h e i r funds, but t h e i r judgement, the es s e n t i a l fairness and p l u r a l i t y of the arms-length mechanism i s eroded from within. The Applebaum-Hebert Report said of c u l t u r a l agencies, Without these [arm's-length] mechanisms, we would put at •risk not only the d i v e r s i t y of c u l t u r a l expression, but also 113 the f r a g i l e and unpredictable creative process i t s e l f . (Report, 1982, 5). In B r i t i s h Columbia, the community of actors has already been re-made i n the image of the Canada-U.S. Free Trade Agreement (FTA). This may be part of the cost that Canada has paid for acquiring a "world product mandate" i n the manufacture of U.S. cu l t u r a l product. By bringing actors under B.C. labour law and de-professionalizing f i l m actors through p r o v i n c i a l l e g i s l a t i o n , the B.C. government has indeed achieved a "productivity" gain for a l l the other players in Hollywood North, and made B r i t i s h Columbia more- a t t r a c t i v e to 'runaway' U.S. production and the Canadians in partnership with them. Improving our productivity i s our best assurance of achieving the objectives we a l l think worthwhile: economic growth and employment; d i f f e r e n t outlets for people's d i f f e r i n g s k i l l s and interests; higher l i v i n g standards. (Wex, 3) . This u t i l i t a r i a n i s m was echoed recently by the B r i t i s h Columbia Labour Relations Board in a controversial judgement awarding exclusive j u r i s d i t i o n to selected unions i n feature films, as well as t e l e v i s i o n movies and one-hour productions made in B r i t i s h Columbia for the U.S. networks NBC, ABC and CBS: In determining that the [ B r i t i s h Columbia and Yukon] Council [of Film Unions]and i t s bargaining unit i s appropriate, the object was to secure i n d u s t r i a l peace and to promote c o l l e c t i v e bargaining settlements i n the f i l m industry. ...Our decision i s in the best interests of the various 114 p a r t i e s i n the i n d u s t r y i t s e l f and the economy of the Province of B r i t i s h Columbia. (BCLRB #448/95 p.16) 10. P o l i t i c a l control of the actor in British Columbia. The B.C. Motion P i c t u r e J o i n t Adjustment Committee Report, So you want to be in pictures? Employment and Education in B.C. Motion Picture Industry, (August, 1989)... contains not a s i n g l e recommendation with reference to a c t o r s . Opportunities For Financing of the B r i t i s h Columbia Motion Picture industry. Project Report, Asia Pacific Advisory Committee Export Services: Film Subcommittee, Vancouver B.C. (Peat Marwick Thorne Chartered Accountants, May 31, 1990)... contains not a. s i n g l e recommendation with reference t o a c t o r s . Policy Recommendations for the Development of Br i t i s h Columbia's Motion Picture Industry presented to The Government of British Columbia by the Br i t i s h Columbia Motion Picure Association (February 19, 1992)... contains not a s i n g l e recommendation with reference to a c t o r s . A Cost Benefit Analysis of B.C. Film, 1987-88 to 1991-92 prepared for the FDBC Fim Development Society (November, 1992)... contains not a s i n g l e recommendation with reference to a c t o r s . A Framework for the Development of Cultural Industries Policies For British Columbia prepared for the Ministry of Tourism and Ministry Responsible for Culture (February, 1993)... contains not a s i n g l e recommendation with reference to a c t o r s . 115 A Review and Recommendations Concerning the Policies and Programs of B.C. Film pepared for the Ministry of Tourism and Ministry Responsible for Culture (February, 1993)... contains not a single recommendation with reference to actors. Policy Recommendations for the Future Development of the Film Industry i n B r i t i s h Columbia pepared for the Ministry of Tourism and Ministry Responsible for Culture (March, 1993)... contains not a single recommendation with reference to actors. • On November 10, 1995., the B.C.. government announced t h e i r plans for 22 apprenticeship programs in the " f i l m and t h e a t r i c a l industry", bearing the same occupational t i t l e s as they do i n the B.C. and Yukon Joint Council of Film Unions rate sheets. Of the 22, none are directed toward a r t i s t s . A f t e r f i v e years of employee status, f i l m actors have l i t t l e access to the standard employee benefits under the Employment Standards Act, the Workers Compensation Act and the Labour Relations Act, or to Ul, challenge grants, or top-ups, or anything much of what most Canadians can expect. The announcement of these, apprenticeships perhaps serves notice on our post-secondary i n s t i t u t i o n s . Can they re-position themselves? Not only do post-secondary performing arts programs face greater competition from (sometimes better capitalized) private schools, more than h a l f of the new apprenticeship programs w i l l be i n s k i l l s components already offered (though not in a j o b - s p e c i f i c modules) i n technical programs at Douglas College, UBC, Malaspina, Langara. De-prof e s s i o n a l i z a t i o n i n the arts i s p a r a l l e l i n g the devolution of c u l t u r a l j u r i s d i c t i o n to the provinces. With f a l l i n g transfer 116 payments, w i l l degree programs that overlap apprenticeable trades in the performing arts be targeted as a redundancy? In the technical arts, w i l l the post-secondary i n s t i t u t i o n s have to wrest control of t r a i n i n g back from the unions and private schools, or reposition t h e i r technical degrees and diplomas i n the remaining professional/management areas, such as designers, stage managers, c u l t u r a l (multi-use) f a c i l i t i e s managers, and technical directors?' W i l l they be able to operate in the future as they have in the past? Appropriate cooperative i n i t i a t i v e s among educational i n s t i t u t i o n s , engagers, a r t i s t s ' associations, and unions for re - t r a i n i n g modules can supplement degrees, diplomas, and c e r t i f i c a t e s . Among Canada's post-war achievements was d i s c i p l i n e - d r i v e n a r t i s t ' education maintained at arms' length through a variety of public, post-secondary i n s t i t u t i o n s . To best serve both the d i s c i p l i n e and the industry, formal t r a i n i n g can only be a benchmark. The widest range of t r a i n i n g and experience serves in the development of a r t i s t s . B r i t i s h Columbia and Vancouver have given the new Ford Centre for the Performing Arts a variety of zoning variances; a $5 m i l l i o n loan guarantee; exemptions from p r o v i n c i a l labour law; and awarded an honourary doctorate from UBC to the president of Live Entertainment, the Ford Centre's parent company. Certainly, many of the apprenticeships recently announced by the province are designed to t r a i n the technical workforce employed by the Ford Center, and f i l m production. But where are the programmes for the actors, the singers, dancers, musicians, conductors, choreographers, and directors at the Ford Centre? The network of 117 amateur, and semi-professional, and educational musical productions in Vancouver during the 1960's and '70's that nurtured stars l i k e J e f f Hyslop (Phantom of the Opera) and Brent Carver (Kiss of The Spider Woman) and directors like' Richard Ouzounian (Unforgettable) between t h e i r youthful.prodigy and t h e i r adult careers, has disappeared. A f t e r high-school, many of our best young performers move away. Last summer the p r o v i n c i a l government announced that $54 m i l l i o n " c u l t u r a l " d o l l a r s earmarked for capital costs. Announcement was also made of $4, m i l l i o n i n programs to support the "arts and c u l t u r a l sector". (BC CultureWorks, July 1995) W i l l the a r t i s t s - i n - t r a i n i n g and the artist-employees who can't get apprenticeship money have access to c u l t u r a l programmes from that $4 million? W i l l those programmes be designed to supply s k i l l s - s p e c i f i c t r a i n i n g B.C. a r t i s t s can't get now? In 1996, a new B.C. Arts Council arrived as part of a l e g i s l a t i v e package that included the revisions to the Employment Standards' Act, the Workers' Compensation Act and the Labour Relations Code. The Arts Council Act i s l e g i s l a t i o n designed to s p l i t the province's c u l t u r a l commitment between an "arts sector" and • the " c u l t u r a l , i n d u s t r i e s " . • From the.B.C. Arts Council Act: "Establishment and purpose The B r i t i s h Columbia Arts Council i s established for the purpose of ' . (a) providing support for arts and culture i n ' B r i t i s h Columbia, 118 (b) providing persons and organizations with the opportunity to p a r t i c i p a t e in the arts and culture in B r i t i s h Columbia, and (c) providing and open, accountable and neutrally administered process for managing funds for B r i t i s h Columbia arts and culture.". The Arts Council w i l l have no s t a f f of i t s own, and w i l l have to use the existing Ministry bureaucracy. If a l l current promises are kept, i t w i l l oversee some $16million. On the other hand, a l l three levels of government have promised $53million in arts and a r t s - r e l a t e d construction spending under InfrastructureWorks and another $5 m i l l i o n at least to the c u l t u r a l industries under the Canada-B.C..Cultural Agreement, added to the m i l l i o n s already committed through existing programs. A telephone c a l l to a pr o v i n c i a l information o f f i c e r confirms that none of that c u l t u r a l industries money, nor the p r o v i n c i a l a l l o c a t i o n of arts and a r t s - r e l a t e d construction money, w i l l get any scrutiny from the Arts Council. In B.C., culture i s a b i l l i o n - d o l l a r word. There was a " c u l t u r a l " rationale behind the B.C. Trade Commission loan guarantees to Red Scorpion 2 and other films. It was j u s t i f i e d on the basis of gross employment figures, and projected l o c a l expenditures of U.S. money on the part of the f i l m production. Canada protects the f i l m and recording industries (often exporting product assembled in Canada from U.S. r&d) by disbursing t h e i r subsidies under the c u l t u r a l umbrella, a feature keeping "culture" o f f the Free Trade agenda. The B.C. Arts 119 Council Act e f f e c t i v e l y means that the arts sector i s now " o f f i c i a l l y hived-off as domestic and n o t - f o r - p r o f i t . In the arts sector, l o c a l i n s t i t u t i o n s and a r t i s t s are subsidized to. supply the l o c a l market. It i s within the domestic.arts sector-—a service s e c t o r — t h a t the B.C. Arts Council w i l l be permitted to encourage and-oversee c u l t u r a l a c t i v i t y . On.the face of i t , even The Fraser Institute would cede s i g n i f i c a n t l y more power to the B.C. Arts Council than the government has. "Grants for films, c u l t u r a l a c t i v i t i e s , and heritage projects should be submitted to a public bidding process decided by a panel of appointed representatives of the c u l t u r a l community." (A Policy Standard for British Columbia. A p r i l , 1996) . Should the B.C. Arts Council not only oversee the arts sector, but the c u l t u r a l industries as well? Arts Council oversight might have prevented the loss of m i l l i o n s i n loan guarantees made by B.C. Trade to defaulting U.S. films in 1993 and '94. We w i l l never know. The 1982 Federal Cultural Review Report's conviction. that, "those c u l t u r a l a c t i v i t i e s most vulnerable to the intrusion of noncultural objectives be confided to boards' of trustees insulated from p o l i t i c a l d i r e c t i o n and entrusted with the f u l l . c a r e and management of operations," (Report, 1982, 33) i s p l a i n l y no longer operable i n B.C. The b i l l i o n - d o l l a r c u l t u r a l industries, despite being the "most vulnerable to the intrusion of noncultural objectives", w i l l be i n s u l a t e d — n o t from p o l i t i c s - -but from the prying eyes of t h e . a r t i s t s emeriti on the B.C. Arts Council. There i s far too much leveraged money involved now to shackle the bulk of i t with an arms-length review process. 120 As the result of combined union, industry, and government i n i t i a t i v e , investment money can proceed through the c e r t i f i e d investment pools.to the off-the-shelf p r o v i n c i a l ' v i r t u a l ' corporations that make movies under a p r o v i n c i a l j o i n t f i l m council agreement and Canadian Copyright r e g i s t r a t i o n , and pay l o c a l employees, who return a portion to the government i n taxes and now through the Employee Capital.Corporation regulated by the Ministry of Small Business, Tourism, and Culture. The B.C. government subsidy helps, l o c a l assemblers of global media product to maintain s t a b i l i t y in t h e i r relationships with multi-national corporations i n the c u l t u r a l industries. As a consequence, c u l t u r a l p o l i c y in B r i t i s h Columbia has become increasingly authoritarian, employing the coercive powers of p r o v i n c i a l labour l e g i s l a t i o n . Whatever the Arts Council chooses to do with i t s powers, a trained labour force i n the c u l t u r a l industries attracts more foreign investment to B.C. Therefore, despite fondest hopes and dogged devotion to the cause, the Arts Sector w i l l not be the t a i l that wags the Cultural Industries' dog. Within the broad devolution of Post-War federal powers to the richer provinces (which i s i n some measure a response to the pressures for a continental economy), the B.C. government, has constructed a l e g i s l a t i v e wall between the arts sector and the c u l t u r a l industries, while retaining t h e i r t i t u l a r r e l a t i o n s h i p . In B.C., while the arts sector w i l l be subject to peer-review, subsidy to the c u l t u r a l industries sector (film, commercial theatre, recording) w i l l continue to be a l l o t e d p o l i t i c a l l y and bureaucratically through m i n i s t e r i a l agencies. These subsidies 121 are usually applied on a commercial rather than a c u l t u r a l basis; as i n d u s t r i a l strategy disguised as c u l t u r a l p o l i c y . It i s • within that frame that we can understand that the protest-be-damned employee-ization of a r t i s t s by the B.C. Status of the A r t i s t Advisory Committee in 1993-94. It i s to acknowledge the obvious to say that the Canadian arts community perceives i t s e l f to be under attack. A "you snooze—you lose" atmosphere, which some blame on g l o b a l i z a t i o n and continentalism, has taken i t s t o l l among the t r a d i t i o n a l Canadian arts and humanities sector. They are post-NAFTA traumatic shock victims; a r t i s t i c directors and general managers who can only do t h e i r best and hope that t h e i r p a r t i c u l a r subsidy w i l l survive the next round of cuts, eliminations, and 'devolution'. While the i n s t i t u t i o n s c e r t a i n l y have t h e i r problems-, actors have undergone a sea change of de-p r o f e s s i o n a l i z a t i o n in the s h i f t of c u l t u r a l corporatism from the federal government to the provinces. In the r i s e of a t r u l y • continental f i l m and theatre industry, B.C. actors have been designated without reservation as employees i n the f i l m industry. Actors currently retain t h e i r status as self-employed professionals, or independant contractors, for t h e i r work in the l i v e theatre i n B.C. The p r o v i n c i a l government has reserved the right to change that at such time as actors (or dancers, or directors, or choreographers) may be "deemed to be employees" (Thompson Report, Feb. 1994). 122 Since March 1, 1995, a l l actors i n B.C. have f a l l e n under the regulations of the B.C. Employment Standards Act, and the Workers' Compensation Act. The Labour Relations- Act currently affects only the actors who are employees in the f i l m industry.' However, as Canadian Actors' Equity i s a national association with no status i n B.C., there i s no bar to stage actors or t h e i r engagers from seeking a p r o v i n c i a l collective, agreement under the Act. The way i s clear for any union that can show support among a cast to c e r t i f y any stage production i n B.C. Presumably, IATSE could be awarded bargaining unit j u r i s d i c t i o n over Assistant Stage Managers (ASM's, now with Equity), i n rulings along the li n e s of i t s aforementioned 1981 v i c t o r y over the Directors' Guild (BCIRC 66/81) or the 1990 judgement that c e r t i f i e d an IATSE bargaining unit to "set up, run, and take down t h e a t r i c a l and/or stage productions" at the Cowichan Regional Theatre (BCIRC #C108/90) . ASM's "run. ...theatrical and/or stage productions". Just as non-members now have to pay a $175 permit fee to work one day on a f i l m with a UBCP c o l l e c t i v e agreement, w i l l Equity ASMs someday have to pay permit fees i n theatres across B.C. that are in IATSE''s j u r i s d i c t i o n ? W i l l they decide to j o i n IATS.E instead? Recent Candian Theatre agreements (CTA) between PACT and Equity r e f l e c t a trend toward employer-employee thinking. The creation of a labour relations regime for artists, and the arts' in Canada in ..fraught with unknowns. ' . • Institutions created in the 1940's 'and t r a d i t i o n s stretching back to Shakespeare's day have r e s i s t e d the fundamental realignment of Canadian c u l t u r a l p o l i c y that flows from Free 123 Trade. The imposition of labour law on actors i s another measure that f i t s Canadian c u l t u r a l l i f e into the U.S. economic and labour model that governs our continental economy. Squaring the c i r c l e i s always problematic, but i t can and has been done. As Michael Ames points out Our Canadian system of welfare capitalism, which makes public resources available for private p r o f i t while cloaking the arrangement within the popular imagery of i n d i v i d u a l achivement... continues to f l o u r i s h . The organization of Expo '86 was a national celebration of t h i s a c t i v i t y . ...Expo '86 was as American as an apple pie baked in Canada and shared with the world. (Ames, i n Flaherty and Manning, 246) ' Canada i s now the second largest exporter of c u l t u r a l product, a f t e r the U.S. In the next decade, wise p o l i c y w i l l be p o l i c y designed to reorganize and not merely r e - c a p i t a l i z e our c u l t u r a l p o l i c i e s . Infrastructure funding for arts and culture-related projects may create work in the building trades or achieve economic goals, but we must achieve the optimum c u l t u r a l goals as well. In the longer t e r m — e s p e c i a l l y with respect to the issue of neighbouring rights for performing a r t i s t s - - t h e j u r i s d i c t i o n a l questions facing Canadian culture and a r t i s t s w i l l need to be addressed and regularized c o n s t i t u t i o n a l l y , I think. To what extent t h i s working out continues to be undertaken by labour lawyers .on a fee basis, or whether i t w i l l be taken over by c o n s t i t u t i o n a l lawyers, and/or academics, or producer groups, or a r t i s t s , or a combination, or not at a l l , w i l l determine the nature of the outcome. 124 Restoration of the Aid to A r t i s t s and Explorations programs would serve to bring the moderating influence of federal support back to communities and regions. The professional development money that has been s h i f t e d to Human Resources Canada has been poured into programs that are designed to intervene i n a r t i s t s ' l i v e s at the exactly the same points in their careers as the now-dismantled Canada Council grants (arms-length) program once did. Such actions represent i d e o l o g i c a l choices on the part of government. Actors, and I daresay other a r t i s t s , need a more balanced approach. "Cultural i n d u s t r i e s " subsidy seems to have proved successful when t i e d to p r o v i n c i a l l y - d i r e c t e d economic and job development i n i t i a t i v e s , which impact on employees. On the other hand, the success of funding to a r t i s t s has been enhanced when t i e d to goals set by a r t i s t s . The prudent course would be to accept the virtues of p r o v i n c i a l i n i t i a t i v e s that encourage investment, while acknowledging the long history of support among a r t i s t s for federal l e g i s l a t i o n that' can sustain the professional and commercial status of the performing a r t i s t as trans-p r o v i n c i a l i n nature and self-employed of necessity. Habermas says, "With the growth of a market economy arose the sphere of the " s o c i a l " . . . In the measure to.which i t was linked to market exchange,, production disengaged from i t s connection with functions of public authority." (Habermas, 24) The Canadian arms-length model of c u l t u r a l development, with Parliamentary appropriation and peer review i n the arts, allows subsidy to rep l i c a t e the market, while securing a public good. This may involve increasing consumption in some cases, and ensuring 125 production i n others. Ensuring continuing production in the arts i s necessary, as the transmission of s k i l l s and practices i s primarily mimetic and oral arid non-linear, and must be on-going. The actor, a malleable and re p l i c a b l e d i g i t a l commodity, has l i t t l e control over or p r o f i t from the fate of her image or any manipulation of her performance that i s within the range of an expanding global technology. We can re-mould a few broad Canadian p r i n c i p l e s of c u l t u r a l development within the global context. What i s the new l i n k between education and the arts? What mechanisms are needed today to sustain the arms' length p r i n c i p l e ? T r a d i t i o n a l l y , Canadian a r t i s t s great and small be-stride the gulf between t h e i r communities' f o r - p r o f i t , and non-profit a c t i v i t i e s . A e s t h e t i c a l l y , e t h i c a l l y , economically, we need to develop simple, contractual mechanisms, defined by federal or fede r a l / p r o v i n c i a l l e g i s l a t i o n , that can ensure the economic and moral i n t e g r i t y of the a r t i s t across the entire spectrum of her career, within Canada at least, i f not abroad. The Massey Era i s over, and the implications are enormous and manifold. A r t i s t s and arts organizations can expect devolution, de-prof r e s s i o n a l i z i n g , and indeed, i n some cases, a reversion to, amateur status. The dismemberment of the national f i l m actors' and producers' associations through wars with l o c a l employers and pr o v i n c i a l unions has been f a c i l i t a t e d by p r o v i n c i a l agencies and secured by custom-crafted l e g i s l a t i o n designed to attra c t foreign investment. 126 The most serious cost for Canada r e s u l t i n g from foreign ownership i s the intrusion of American law and p o l i c y into Canada. For Canada, the ess e n t i a l feature of the problem is. not the economic cost, but the loss of control over an important segment of Canadian economic l i f e . While there are no easy solutions to e x t r a t e r r i t o r i a l i t y , Canadian national p o l i c y should be directed toward strengthening Canadian law and administrative machinery to countervail e x t r a t e r r i t o r i a l operations of American law and administrative machinery. (Watkins, 345) .', The'gravest long-term, danger to Canadian a r t i s t s from the imposition of p r o v i n c i a l l e g i s l a t i o n designed to accomodate "American law. and - adminstrative machinery" lies, i n the realm of a r t i s t i c conscience. The Labour Relations Board and the. •Employment Standards Branch, unlike the- Canada Council or'the CBC, are under'direct m i n i s t e r i a l control. In the case of the Labour Relations Board, i t s appointments are often patronage appointments made by the p o l i t i c a l party i n power. The Labour Relations Board i s not merely subject to p o l i t i c a l influence, i t i s a p o l i t i c a l weapon. In the struggle between labour' and c a p i t a l , BCLRB decisions (which are not bound by precedent) have swung r a d i c a l l y from l e f t to right over the years, depending on the party i n power. The government of B.C. exercises a l e v e l of dire c t m i n i s t e r i a l control over the arts that- i s unprecedented i n the history of Canada. P o l i t i c a l l y v o l a t i l e theatres can now be closed under the guise of labour and safety l e g i s l a t i o n applicable to a r t i s t s . A future government (or the current one, 127 for that matter) could shut down the Women in View Festival, the Fringe Festival, a l l of the Equity Co-ops, and most of the small theatres in B r i t i s h Columbia as i t chose, without having to actually- censor them. Labour law has been, used to shut down theatres for p o l i t i c a l reasons, as we have seen i n Germany, Poland, and Czechoslovakia, et a l , i n the recent past. How w i l l a r t i s t s and arts i n s t i t u t i o n s respond should some future government choose'to use the power i t has over art and a r t i s t s ? A r t i s t s are not j o u r n a l i s t s , freedom of a r t i s t i c conscience i s indi v i d u a l , not professional; a subtle freedom, that can be maintained i n the ebb and flow of history by in d i v i d u a l a r t i s t s themselves and a r t i s t i c i n s t i t u t i o n s committed to the freedom of t h e i r expression. Patterns repeat... ' ...the p r i n c i p a l obstructions [in Newf oundland] ... . are entirely.owing to the project of carrying on the said trade by a colony of fishermen i n opposition to the f i s h i n g ships belong to the adventurers... the most e f f e c t i v e method to remove a l l the aforementioned obstructions and to r e s t r a i n the i r r e g u l a r i t i e s and disorders of the fishermen as well as to encourage the adventurers to return to t h e i r employement would be to remove the inhabitants... ([House of] Lords • Commissioners for Trade and Plantations, report, Dec. 1718; i n Innis, 157) 128 11. Recommendations Recommendation 1. The B r i t i s h Columbia government abandoned Status of the A r t i s t l e g i s l a t i o n in 1994. Using the Universal Declaration of Human Rights, U.N. Belgrade Recommendation, the Siren-Gelinas report, the Status of the Artist Act, CCA "Roadmap to Status of the A r t i s t " ; A r t i s t s ' Equity Assn. guidelines; Recommendations of the B.C. Status of the Art.ist Advisory; American Assn. of University Professors e t h i c a l guidelines, I have cobbled together an Act for B.C., to indicate that a i t can be done. STATUS OF THE ARTIST ACT (DRAFT) 1. PURPOSE. A r t i s t i c c r e a t i v i t y and c u l t u r a l v i t a l i t y i s sustained by the people of B r i t i s h Columbia and f r e e l y expressed through the work of a r t i s t s i n B r i t i s h Columbia. The work of a r t i s t s makes a fundamental contribution to'the educational, economic, s p i r i t u a l , and s o c i a l l i f e of B r i t i s h Columbia. It i s the le g a l , i n t e l l e c t u a l , and moral right, and r e s p o n s i b i l i t y , of each a r t i s t to control the creation and dis p o s i t i o n of his or her work(s). The professional i s required to have a deep knowlege of speci a l i z e d techniques, developed 129 through t r a i n i n g and experience; i s expected to have a personal involvement that includes a sense of obligation to the standards and t r a d i t i o n s of the profession; recognizes a r e s p o n s i b i l i t y to uphold the reputation of the profession; maintains a personal reputation through service, and i s rewarded accordingly. The undertaking of agreements for the creation or d i s p o s i t i o n of his/her work(s) i s at the absolute d i s c r e t i o n of the a r t i s t . The representation, use, paid use, sale, or funding of a r t i s t s ' work(s) are administered by agreements for transfer of 'ownership, or services. 2. DEFINITIONS A r t i s t Any person who creates objects, texts, or performances i n the v i s u a l , l i t e r a r y , performing arts, mixed media, or a c r a f t ; who considers his/her creation to be an es s e n t i a l part of his/her l i f e ; whether or not she/he i s bound by any relations of employment or association. Association: A r t i s t s organization. May be constituted for service, informational, s o c i a l , promotional, pension, or c o l l e c t i v e bargaining purposes. The a r t i s t s .organization i s involved i n representation.of the a r t i s t ( s ) and the a r t i s t ( s ) work. Engager: A society, company, or person who contracts with the a r t i s t or the a r t i s t ' s representative for the purchase 130 or paid use of a r t i s t s ' creative product. Engager includes "employers". , Agent: Receives a percentage commission of a r t i s t s ' fees for representation of the a r t i s t with the engager, negotiating contracts and fees. Funding Body: A public i n s t i t u t u t i o n , private foundation, i n d i v i d u a l ( s ) , private company or society that has as one of i t s aims the funding of art and a r t i s t s . Agreement: Any contract or l e t t e r or agreement undertaken between a r t i s t and association, engager, agent, or funding body for the representation, use, paid use, sale, or funding of the a r t i s t ' s work(s) or services. ' 3. RIGHTS The a r t i s t retains a l l l e g a l , moral and i n t e l l e c t u a l rights to his/her work in the absence of a written agreement for the representation, use, paid use, sale, or funding of t h e i r work(s). Any contract or l e t t e r or agreement undertaken by an a r t i s t or a r t i s t s c o l l e c t i v e l y for the representation, use, paid use, sale, or funding of the a r t i s t ' s work(s) must establish minimum provisions and r e f l e c t the additional provisions a r i s i n g from p r i o r agreements between the a r t i s t ( s ) and associations, engagers, agents, and funding bodies. 131 Requirements for a r t i s t s ' agreements should include: 1. the nature of the agreement; 2. the services or work(s) which form the object of the agreement; 3. the value of the work(s) and the minimum price or fee for sale, use, or funding; 4. the scope of the services and consideration provided by the parties to the agreement; 5. the amount of commission charged by an agent; 6. the terms 'of payment- and deductions permitted when money i s received by an agent; 7. the frequency with- which an agent, an association, funding body, or an engager s h a l l report to t h e , a r t i s t on transactions concerning the a r t i s t ' s services or work(s); ,8. any r e s t r i c t i o n or condition on any transfer of rights or any grant of licence contained.therein; 9. any r e s t r i c t i o n or condition or any reservation of future services or work(s) contained therein; 10. the r e s o l u l t i o n of disputes. 4. RESPONSIBILITIES The following duties and r e s p o n s i b i l i t i e s of engagers, agents, associations or funding bodies entering into agreements with a r t i s t s i n d i v i d u a l l y or c o l l e c t i v e l y must be r e f l e c t e d i n the contract. 132 1. The association, the engager, the agent, and the funding body are variously trustees for the benefit of the a r t i s t i n r e l a t i o n to both the services or work(s) and the proceeds from i t s sale or use. 2. The association, engager, agent, or funding body must keep a separate accounting for the services or works(s) which i s subject to the agreement. 3. If given reasonable notice, the association, engager, agent or funding body must permit the a r t i s t to examine accounting entries r e l a t i n g to the sale or use of the a r t i s t ' s services or work(s). 4. Associations, agents, engagers, or funding bodies are liable- for the work, or proceeds due the a r t i s t from the sale or use of the services or work(s), while i t i s in t h e i r possession. Should any dealer, exhibitor, or d i s t r i b u t o r of the works of v i s u a l a r t i s t s or craftspeople become insolvent or bankrupt; the a r t i s t ' s work s h a l l be returned to the a r t i s t immediately, and any contract or agreement for sale or use s h a l l be terminated. Funds owed .the- a r t i s t proceeding from the sale or use of the work(s) s h a l l be the f i r s t p r i o r i t y i n any recovery. 133 Recommendation 2. With the Status of the .Artist Act above in mind, I have drafted some provincial, p o l i c y recommendations, addressing the needs of amateur and professional a r t i s t s i n B r i t i s h Columbia. PROVINCIAL CULTURAL POLICY GOALS a. Cultural Policy: 1. Re-commit to the goal of .'5% of the gross p r o v i n c i a l budget to arts funding. 2. Provide subsidy to a l l arts a c t i v i t y through an arm's 'length formula. 3. Identify the f i n a n c i a l and personnel resources needed to c r a f t a Cultural Policy that delienates p o l i c y p r i o r i t i e s and mechanisms for funding the arts and subsidizing the c u l t u r a l industries. 4. Establish a Provincial Arts Policy Council for a period of one year; to hold public meetings bi-monthly for the purpose of animating discussion and documents among a r t i s t s , arts i n s t i t u t i o n s , community members, academics, and p o l i t i c i a n s ; to channel i n d i v i d u a l and c o l l e c t i v e aims toward an evolving Cultural p o l i c y ; to address m u l t i - c u l t u r a l , m u l t i - l i n g u a l , multi-textual issues. 5. Publish a summary of discussions from the P r o v i n c i a l Arts Policy Council, i d e n t i f y i n g expressed policy, funding, 134 venue and f a c i l i t y needs of a r t i s t s throughout the province. Generate, and c a l l for, studies on select p o l i c y issues. 6. Provide funds for a Status of The A r t i s t l i a s o n o f f i c e r to the Provincial Arts Policy Council for s i x months to co-ordinate Status of The A r t i s t l e g i s l a t i o n with exis t i n g l e g i s l a t i o n . Present Status of The A r t i s t l e g i s l a t i o n , regulating a r t i s t i c professionals. Commit to fund professionals under the provisions of the Status of the A r t i s t Act. •7. Provincial Arts Policy Council b r i e f on Cultural Policy • Issues- for the guidance of the (professional and amateur) arts community, and. government w i l l only seek further amendment of exi s t i n g l e g i s l a t i o n or p o l i c y a f t e r consultation with a r t i s t s and/or organizations d i r e c t l y affected. . b. • .Taxation,..;, 1. Provincial i n i t i a t i v e on a 110% deduction for investment in the 'work(s) of a r t i s t s , to be shared by. federal, p r o v i n c i a l , and municipal tax c r e d i t s . 2. Provincial i n i t i a t i v e on a 125% deduction for donations to a r i s t s or c u l t u r a l i n s t i t u t i o n s , enacted through a shared federal, p r o v i n c i a l , and municipal tax c r e d i t . 3. A working group to be established to secure, better access to pensions and f a i r taxation for a r t i s t s . 135 c. C o l l e c t i v e Bargaining. 1. Recognize the right of the self-employed, professional a r t i s t to. make an agreement to employe a. professional association and/or a personal agent for representation under Status of the A r t i s t l e g i s l a t i o n . 2. C o l l e c t i v e l y bargained agreements should meet or exceed the standards under Status of the A r t i s t l e g i s l a t i o n . 3. Recognition of a r t i s t associations' h i s t o r y of voluntary scale agreements in place. d. Employment standards. 1. Where t h e i r engager i s deemed an employer for any purpose the a r t i s t s h a l l not lose t h e i r "independent contractor" status. 2. The l e g a l , moral, and i n t e l l e c t u a l rights to a r t i s t i c product can only be addressed through a contract between an i n d i v i d u a l a r t i s t and an association, engager, agent, or funding body. e. Workers' Compensation and Occupational Health and Safety Permit self-employed, professional a r t i s t s to pay the employers premium to receive W.C.B. coverage. f. Education. 136 Pursue B.C. Status of A r t i s t Advisory 1994 recommendations for amendments to include a mandate for Arts i n the Education Act. Pursue l e g i s l a t i v e or p o l i c y change such that a r t i s t s should be deemed to have met the q u a l i f i c a t i o n s for the B.C. Teaching C e r t i f i c a t e , r e s t r i c t e d to subjects within t h e i r professional d i s c i p l i n e , a f t e r 200 classroom hours of coursework in pedagogy in a f u l l or part-time program approved by the Ministry of Education. Annual per student funding should be increased 3/10ths of 1%: l/10th of 1% of per student funding to fund v i s u a l and l i t e r a r y arts events;l/10th of 1% of per student funding to t i c k e t s for performing arts events;l/10th of 1% of per student funding to fund music and media/computer arts. Re-establish arts courses and programs at post-secondary i n s t i t u t i o n s throughout B.C. 137 Recommendation 3. As subsidy to the arts continues to shrink, theatres cut t h e i r seasons down and t r y to re l y on co-productions and corporate "sponsorship". While some theatres have adjusted better than others to to the current state of a f f a i r s , in the long term, there w i l l be less work for actors. Because they are non-profit s o c i e t i e s , the subsidy to theatres has t r a d i t i o n a l l y formed the "venture c a p i t a l " component of t h e i r financing. (Subsidy i s , a f t e r a l l , borrowed c a p i t a l that doesn't have to be paid back to the investors - the p u b l i c ) . The box-office i s expected to keep the cash-flow in the black once the subsidy for each show of the season i s used up. However, with less money for the arts, that "venture c a p i t a l " i s often not available to the . exent that i t was. The funding formula below (or something l i k e i t ) , would-substite actors' "sweat equity" for subsidy. I f the formula were administered by a j o i n t standing committee of the Profess'sional Association of Canadian Theatres and Canadian Actors' -Equity Association, the ACTORS'' DEVELOPMENT COMPANY could add one .production a season for any PACT company that used i t , and provide for a real entrepreneurial stake i n t h e i r work for the-- actors. ACTORS' DEVELOPMENT COMPANY (ADC) Purpose 138 1. The ACTORS' DEVELOPMENT COMPANY (ADC) provids a new source of "venture c a p i t a l " to the theatres. 2. The ADC provides the members with a reasonable expectation of p r o f i t from t h e i r investment. Structure • CAEA members would form an ADC as voting co-venturers. • CAEA member actors, stage managers, and directors would be permitted as voting members. • PACT theatres would be -permitted by CAEA to invest i n a production undertaken by the company, on a non-voting share-holder basis. No bond would be posted. • The development company (CAEA members) would act as general contractor, and the theatre-(PACT member) as sub-contractor during the rehearsal period. At tech. weekend, t h i s r elationship reverses. During the run, and subsequently, the PACT theatre would be deemed to have a sub-contract with the ADC for the performance, tours and remounts. • Both the ADC and the theatre would expect to return t h e i r investment through box-office. Investment • Rehearsal fees represent each member of the ADC's investment, which they make because they have ane expectation of profit. • The ADC contracts with the Theatre for supply of such production services and f a c i l i t i e s as they require. These 139 •services and f a c i l i t i e s represent the investment of the Theatre, and may include fees and r o y a l t i e s for rights to produce to the development company. • There i s no bar to having other sources of investment, argreeable to the ADC and the Theatre. • The services and f a c i l i t i e s to be supplied by the Theatre, or sub-contracted (in the case of posters, say) by the Theatre to the s p e c i f i c a t i o n s of the ADC, in accordance with C.T.A. standards. This arrangement would lessen the ADC's l i a b i l i t y for losses, damage, injury etc., for any service or f a c i l i t y or thing that was contracted to be supplied by the Theatre. Revenue .' • The ADC calculates the a r t i s t s ' fees, representing each member's investment in the production; and c o l l e c t i v e l y , the company's investment. The rehearsal portion of t h i s . investment to be re-paid f i r s t from the box-office money. • The•Theatre's investment, to a maximum of an amount equivalent to the ADC's rehearsal fees, to be re-paid second from the box-office. '-• The performance portion the a r t i s t s ' c o l l e c t i v e fees, and the • remainder of the Theatre's investment to be paid pari-passu from the box-office, u n t i l the performance portion the ADC's co l l e c t i v e . f e e s has been paid from box-office. • the remainder of the Theatre's investment ( i f any) w i l l be paid-out with the a r t i s t s ' p r o f i t percentages according to a 140 proportional agreement negotiated between the ADC and the ' Theatre'. • When the remainder of the Theatre's investment has been returned'from box-office, the Theatre's p r o f i t percentage w i l l be paid out with the .artists' p r o f i t percentage according to a proportional agreement negotiated between the ADC and the Theatre. Subsequent Production • A l l goods supplied by the Theatre to the ADC p r i o r t o t e c h . weekend (sets, props, costumes not from stock, p u b l i c i t y materials etc.), to remain, the property of the ADC, to be disposed of as they see f i t . • • • Upon payment of a $ retainer to the ADC, the Theatre s h a l l hold the option for a re-mount or tour with the same company under a standard C.T.A. contract, with, an additional payment of. a ...% royalty on gross box o f f i c e to the ADC as a development fee. Should the Theatre be unable or un-willing to exercise t h i s option, the ADC i s free to negotiate a re-mount with another Theatre without penalty. ' • The Theatre s h a l l hold the option to re-mount with a d i f f e r e n t cast within one year, provided that the 3% gross box-office royalty i s paid to the ADC (to be pro-rated depending on how many company members are replaced at the d i s c r e t i o n .of the ..• Theatre) . • The Theatre s h a l l hold the option (where the ADC does not hold ' the copyright or performance rights) to mount an e n t i r e l y hew 141 production (new sets, costume, .props, etc.) at i t s own expense at any time. 142 WORKS CITED Anderson, John and Gunderson, Morley. Union-Management Relations in Canada. Don M i l l s , Ontario: Addison-Wesley (Canada) Limited, 1982. Armitage-Smith, G. Free-trade Movement and i t s Results. London: Blackie & Son, 1898. A r i s t o t l e . The Basic Works of A r i s t o t l e . Richard McKeon, ed. New York: Random House, 1941. Audley, Paul & Associates Ltd. Policy Recommendations for the Future Development of the Film Industry in British Columbia. 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