Michael Geist

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Government of Canada Consultation on How to Implement an Extended Term of Copyright Protection in Canada

Submission by Professor Michael Geist
Canada Research Chair in Internet and E-commerce Law
University of Ottawa, Faculty of Law
Centre for Law, Technology and Society

March 31, 2021

Introduction

I am a law professor at the University of Ottawa, where I hold the Canada Research Chair in Internet and E-commerce Law and where I am a member of the Centre for Law, Technology and Society. I focus on the intersection between law and technology with an emphasis on digital policies. I have been actively involved in copyright policy in Canada for two decades, having edited multiple books on the subject and having appeared regularly before House of Commons and Senate committees on the issue. This submission on copyright term extension is provided in a personal capacity representing only my own views.

My submission can be summarized as follows:

  1. Copyright term extension was rightly resisted by successive Canadian governments because it offers few benefits and raises significant costs.
  2. The decision to agree to an extension in the USMCA is harmful policy. A two decade moratorium on new works entering the public domain will have an enormous impact on access to Canadian culture and heritage, create new costs for Canadian education that will run into the hundreds of millions of dollars, and create barriers to digitization initiatives designed to increase access to works for all Canadians from coast-to-coast-to-coast.
  3. The government was right to negotiate a transition period and should be actively pursuing so-called "accompanying measures" to limit the harm associated with the extension in the term of copyright. Canada should take full advantage of the transition period with no extension at least until the conclusion of that period.
  4. The consultation is wrong to largely dismiss a registration requirement as recommended by the Standing Committee on Industry, Science and Technology in its statutorily mandated review of the Copyright Act. Registration provides an ideal mechanism to allow rights holders to extend the term of copyright for their works, while ensuring that the remaining works enter the public domain consistent with the Berne Convention standard of life of the author plus 50 years.
  5. Contrary to claims in the consultation document that registration "raises serious questions in the context of Canada's international obligations", there is broad support from leading copyright scholars that such an approach is permissible under international copyright law.
  6. The proposed accompanying measures in the consultation document are an inadequate response to the harm posed by term extension. Measures that result in new licensing systems for works that would otherwise remain the public domain under the Berne Convention standard or that involve narrowly tailored exceptions that are not widely available to all Canadians are certainly insufficient and potentially harmful.

I. The Harm from Copyright Term Extension

For decades, successive Canadian governments – both Liberal and Conservative - rejected calls to extend the term of copyright, citing the fact that Canada was compliant with its international treaty obligations on copyright and recognizing the harmful effects and limited benefits of term extension. The issue has been repeatedly canvassed during copyright reform efforts, copyright reviews, and during trade negotiations. Canada did not include term extension in the 2012 Copyright Modernization Act and opposed extensions in trade agreements (including supporting the suspension of term extension in the CPTPP).

The opposition to term extension was well-founded since studies on the impact of term extension are unequivocal: there is an enormous societal cost to term extension with limited to no benefit. The negative effects of term extension has been confirmed by many economists, including in an Abraham Hollander study commissioned by Industry Canada, which concluded that extending the term simply does not create an additional incentive for new creativity.

Moreover, studies in other countries have concluded that term extension ultimately costs consumers as additional royalties are sent out of the country.Footnote 1 For example, when the issue was raised during the Trans Pacific Partnership negotiations, New Zealand estimated that the extension alone would cost its economy NZ$55 million per year.Footnote 2 Given Canada's larger population, the Canadian cost is undoubtedly far higher.

The Australian Productivity Commission considered the impact of term extension in Australia in 2017 and concluded:

The scope and term of copyright protection in Australia has expanded over time, often with no transparent evidence-based analysis, and is now skewed too far in favour of copyright holders. While a single optimal copyright term is arguably elusive, it is likely to be considerably less than 70 years after death.Footnote 3

Independent academic study has arrived at much the same conclusion. For example, Professor Paul Heald, who Canadian Heritage commissioned to engage in research in the area,Footnote 4 has written several important articles on the economic importance of the public domain.Footnote 5 Heald has characterized copyright term extension as a "tax on consumers."Footnote 6

In fact, Professor Heald has found that works in the public domain are far more likely to be published and available in different forms to the public. He writes:

a 2018 study of bestsellers published in the US from 1910-1936 found that a book's transition to the public domain was associated with the appearance of an average of 26.5 additional editions of the title. Another 2018 study shows a significant increase in the accessibility of German textbooks in the US after a WWII executive order essentially moved them into the public domain. The extension of copyright terms has further been found to correlate negatively with the production of audiobooks. A 2013 study found that public domain bestsellers from 1913-1922 were significantly more likely to be offered as audiobooks than copyrighted bestsellers from 1923-193.Footnote 7

More recently, Professor Rebecca Giblin has studied the impact of copyright term on the availability of e-books. Her findings:

we found what appears to be a positive public domain effect: that titles are more available, and in a greater number of editions, where they are in the public domain than where they are under copyright. Longer exclusive rights for older, 'culturally valuable' titles demonstrably results in less investment than where those titles were permitted to enter the public domain.Footnote 8

Moreover, there is a significant impact on consumer cost as Professor Giblin notes that "US (copyright) titles are more expensive than Canadian (public domain) titles by up to 136%, while US (public domain) titles are almost universally cheaper than the Canadian offerings."

The Giblin findings highlight that the negative effects arising from term extension involve both economic and cultural harms. Indeed, term extension will create a massive blow to access to Canadian heritage.

Even artists have expressed doubt about the value of the term extension. For example, famed Canadian recording artist Bryan Adams told the Standing Committee on Canadian Heritage in 2018:

Canada is now more or less duty-bound to increase copyright protection by 20 years, to "life + 70". Extending the duration of copyright essentially enriches large firms of intermediaries. It does not put money in the pockets of most creators.Footnote 9

Canadian publishers such as Broadview Press, an independent academic publisher that has been a vocal proponent of copyright, has warned about the dangers of the term extension to its business and the academic community:

Unlimited, or excessively long, copyright terms have often kept scholars from publishing (or even obtaining access to) material of real historical or cultural significance. They have severely restricted certain options for university teaching as well. Broadview's editions of Mrs. Dalloway and of The Great Gatsby (edited by Jo-Ann Wallace and by Michael Nowlin, respectively), for example, are to my mind unrivalled. Each includes far more than just the text itself: explanatory notes, extended introductions, and an extraordinary range of helpful and fascinating background material in a series of appendices. They offer a truly distinctive pedagogical option. But instructors and students in the USA are still not allowed access to those editions.Footnote 10

Term extension would have a damaging effect on education beyond the loss of public domain compilations.Footnote 11 The Ontario Book Publishers Organization conducted a 2017 study on the use of Canadian books in English classes in Ontario Public and Catholic schools from Grades 7 to 12.Footnote 12 The study surveyed teachers and school boards on which books (including novels, short story collections, creative non-fiction, poetry and plays but not textbooks) are taught in English classes. The goal was to see whether Canadian books were included in class lists. The survey generated hundreds of responses (27 from school board participants and 280 from the Ontario Teachers Federation) resulting references to 695 books by 539 authors.

Of the top 20 titles, fully half were in the public domain at the time of the study or have since become part of the public domain. The importance of the public domain within the classroom extends far beyond the most popular works. The survey identified 99 books that received at least four separate mentions from respondents. Of those 99 books, 22 are now in the public domain. These books are widely used as they represent 35% of the total mentions. Expanding even further to the entire list of 695 books, 96 books are now in the public domain.

Despite efforts by some to dismiss its value, the widespread use of public domain works within Canadian classrooms underscores its continued relevance. It also raises two important policy issues. First, it reinforces how many of the works used in classrooms fall outside of current copyright protection and are not subject to licence fees or royalties. In fact, as governments emphasizes the benefits of open electronic textbooks,Footnote 13 using public domain works will become even more essential since they can be fully incorporated into open electronic texts without the need for licenses or permissions and can be made more readily accessible in electronic form for the blind and sight impaired.

Second, the harm to Canadian history and culture is hard to overstate. Appendix A to this submission includes an extensive list of Canadian authors and leaders, whose works were set to enter the public domain in the coming decades but will face a 20 year moratorium ban on entry once the term of copyright in Canada is extended. The result is that an entire generation will go through their K-12 schooling with no new work entering the public domain. Notable Canadian authors whose works will be delayed from entering the public domain and thus rendered less accessible include:

  • Morley Callaghan
  • Philip Child
  • Donald Creighton
  • Northrup Frye
  • Marian Engel
  • Hugh Garner
  • Margaret Laurence
  • Hugh MacLennan
  • Gabrielle Roy
  • George Grant
  • Marshall McLuhan

Historians will lose public domain access to some of Canada's most notable leaders and figures of modern times, including leading Prime Ministers, Premiers, and Supreme Court chief justices. They include:

  • Louis St. Laurent
  • John Diefenbaker
  • Tommy Douglas
  • René Lévesque
  • Jean Lesage
  • John Robarts
  • Bora Laskin

These great Canadians helped shape a nation. To withhold their works from the public domain for decades represents an enormous collective loss to our culture and heritage.

II. Mitigating the Harm of Copyright Term Extension

i. Registration Requirement

Given the unquestioned harms that arise from copyright term extension, it is essential that Canada mitigate those harms in the most effective manner possible. The best approach – as recommended by the Standing Committee on Industry, Science and Technology in its extensive review on Canadian copyright – is to establish a registration requirement for the additional years of copyright protection. The committee concluded:

The Committee believes that requiring rights-holders to register their copyright to enjoy its benefits after a period equal to the life of the author plus 50 years would mitigate some of the disadvantages of term extension, promote copyright registration, and thus increase the overall transparency of the copyright system. Footnote 14

Registration would allow rights holders that want the extension to get it, while ensuring that many other works enter the public domain at the international standard of life plus 50 years. By providing for life plus 50 and the option for an additional 20 years, Canadian law would be consistent with Berne Convention formalities requirements and with its new trade treaty obligations. Copyright registration would not eliminate all the harm to the public domain, but it would mean that only those that desire the extension would take the positive steps to get it.

The government's consultation has sought to cast doubt on the validity of the approach recommended by Canada's parliamentarians who have conducted detailed on the issue. With respect, the parliamentarians are correct. Indeed, the proposed approach has been raised by many copyright experts from around the world, some of whom are well-known as being strong supporters of copyright and creators.

In fact, no less than current Minister of Justice David Lametti, one of Canada's leading copyright experts, has written in support of a registration requirement in the context of copyright, particularly once the term of protection extends beyond a reasonable period of time. In a 2005 book chapter, Lametti argued:

we might consider strengthening these proposals [on copyright term] with a registration requirement, especially for longer terms, putting some of the onus on creators themselves of identifying and protecting works of ongoing value.Footnote 15

Maria Pallante, then the U.S. Register of Copyrights, wrote about the issue in 2013 within the context of potential reforms for copyright:

Perhaps the next great copyright act could take a new approach to term, not for the purpose of amending it downward, but for the purpose of injecting some balance into the equation. More specifically, perhaps the law could shift the burden of the last twenty years from the user to the copyright owner, so that at least in some instances, copyright owners would have to assert their continued interest in exploiting the work by registering with the Copyright Office in a timely manner. And if they did not, the works would enter the public domain.Footnote 16

Professor Stef van Gompel notes that registration is possible, though it is subject to some conditions:

the proposal to require registration at life-plus-fifty years as a condition to prolong protection until life-plus-seventy years can only be imposed on domestic works and foreign works that are subject to material reciprocity (through a comparison of terms) and are voluntarily granted additional protection.Footnote 17

Professor Jane Ginsburg of Colombia Law School wrote in 2010:

To obtain the social benefits of formalities without disadvantaging authors, it may be desirable to look beyond the current copyright law and the Copyright Office to alternatives to demarcating the public domain status of a work, and to establishing a traceable public record of copyright claims.Footnote 18

Professor Chris Sprigman has written:

it is clear that Berne members may impose a registration formality on domestic authors—i.e., they can condition the enjoyment of any portion of the minimum term for native works upon registration. Similarly, Berne member states should be able to condition enjoyment for native authors of some portion of the "minimum" term on compliance with the formality. In both instances, the law would continue to offer a Berne-compliant minimum term.Footnote 19

In short, the consultation document's sidelining of a registration requirement is inconsistent with expert evidence (including that of a senior cabinet minister) and democratic norms associated with Canada's most extensive copyright consultation in over a decade. Registration is the best approach to address the unquestioned harms caused by term extension and should be pursued as Canadian government policy.

ii. Other Accompanying Measures

The consultation document identifies five additional options as accompanying measures. None in the form proposed will sufficiently address the harms caused by copyright term extension.

The first three options are all grounded in orphan works reforms. While there may be benefits in addressing Canada's orphan works system, the costs associated with copyright term extension is not an orphan works issue. Additional licensing systems are likely to increase costs for all participants given the lengthy hearings at the Copyright Board with little revenues actually flowing to creators.

The fourth and fifth options contemplate new exceptions, one for uses in the final 20 years of protection and the other after 100 years after creation. One of the exceptions is modelled after a

U.S. provision, but the data suggests that the provision remained little used for almost 20 years after its enactment, only becoming more relevant in 2018 when the Copyright Office released a report on the matter.Footnote 20

If the government wants to pursue an exception-based approach, the exception should extend to all users, not just libraries, archives, and museums. Indeed, the narrow availability of the exception to those sectors demonstrates a fundamental misunderstanding of the importance of the public domain in the lives of all Canadians, whether pursuing cultural activities, education, historical work, or archival interests.

There are benefits to exceptions available after a reasonable period that could be used to supplement fair dealing and Canada's other user rights. However, the Supreme Court of Canada has identified fair dealing and other limitations and exceptions as users' rights. If Canada is to create additional exceptions to mitigate against the harm of copyright term extension, those new users' rights should be available to all users.

Notable Canadian Authors & Politicians: Deceased 1973-1993

Canadian Writers, Poets & Playwrights
# Name D.O.B. D.O.D. Title, Notable Distinctions, Works, or Comments

1.

Milton Acorn

1923

1986

Poet. Notable work: The Island Means Minago

2.

Ken Adachi

1929

1989

Historian, writer, and literary critic. The Enemy That Never Was (history of the Japanese Canadian community)

3.

Robert Thomas Allen

1911

1990

Children's literature writer. Two-time recipient of the Stephen Leacock Award for humour. He won the award in 1957 for The Grass Is Never Greener, and in 1971 for Wives, Children and Other Wild Life.

4.

Gertrude Bernard (also known as

Anahareo)

1906

1986

Writer and conservationist of Algonquin and Mohawk ancestry. Notable work: Devil in Deerskins: My Life With Grey Owl

5.

Gordon Stewart

Anderson

1958

1991

Novelist. Notable work: The Toronto You Are Leaving

6.

Patrick Anderson

1915

1979

Poet

7.

Hubert Aquin

1929

1977

Quebecois novelist. Notable work: Prochain épisode (1965)

8.

Richard Arès

1910

1989

French Canadian writer and humanist. Officer of the Order of Canada

9.

Jean-Paul Audet

1918

1993

French Canadian writer, theologian, and philosopher. Officer of the Order of Canada for his contribution to the field of theology.

10.

Raymond Barbeau

1930

1992

Quebecois essayist, literary critic and political activist.

11.

Jean Basile

1932

1992

French Canadian novelist and essayist.

Notable works: "Mongol" trilogy of novels, La Jument des mongols, Le Grand Khan and Les Voyages d'Irkoutsk, and co- founder of the counterculture magazine Mainmise

12.

Jovette Bernier

1900

1981

Quebecois poet, journalist, and writer.

Notable work: Non Monsieur

13.

Will R. Bird

1891

1984

Novelist and non-fiction author.

Notable works: Here Stays Good Yorkshire, Judgment Glen

14.

Marthe Blackburn

1916

1991

Quebecois screenwriter and dramatist.

Notable works: "Le retour de l'âge", Mourir à tue-tête, (Nominated for Best Original Screenplay at the 1st Genie Awards), A Scream from Silence, Beyond Forty.

15.

Charles Tory Bruce

1906

1971

Poet, journalist and fiction writer.

Notable poetry collections: The Mulgrave Road (Governor General's Award for English-language poetry), Wild Apples (1927), Tomorrow's Tide (1932), Personal Note (1941), Grey Ship Moving (1945), The Flowing Summer (1947) and The Mulgrave Road (1951), the novel The Channel Shore (1954) and the short story collection The Township of Time (1959).

16.

Michel Brunet

1917

1985

Quebecois historian and essayist.

Notable work: Les Canadiens après la conquête

17.

Ernest Buckler

1908

1984

Novelist and short story writer. Officer of the Order of Canada and Canadian Centennial Medal recipient.

Notable works: "The Mountain and the Valley" (1952), "The first born Son", Whirligig (Leacock Medal)

18.

Mabel Burkholder

1881

1973

Writer and historian.

Notable works: The course of Impatience Carningham (1911), Before the white man came: Indian legends and stories (1923), The Heart of Kerry (1907).

19.

Morley Callaghan

1903

1990

Novelist, short story writer, and playwright.

Notable works: A Fine and Private Place (1975), Strange Fugitive (1928), The Loved and the Lost (1951) (Governor General's Award), The Many Colored Coat (1960), A Passion in Rome (1961), A Time for Judas (1983), Our Lady of the Snows (1985). His last novel was A Wild Old Man Down the Road (1988)

20.

Philip Child

1898

1978

Novelist, poet, and academic.

Notable works: Mr. Ames Against Time (1949 Governor General's Award and Ryerson Fiction Award), Day of Wrath (Ryerson Fiction Award),

21.

Greg Clark

1892

1977

Journalist and humorist. Officer of the Order of Canada.

Notable work: War Stories

22.

James Alexander

Cowan

1901

1978

Writer and columnist.

Notable works: Three Stories and Ten Poems

23.

Donald Creighton

1902

1979

Historian

Notable works: The Commercial Empire of the St-Lawrence, 1760–1850, John A. Macdonald

24.

True Davidson

1901

1978

Poet, fiction and non-fiction writer.

Notable work: The Golden Strings

25.

Northrop Frye

1912

1991

Literary critic and theorist.

Notable works: Fearful Symmetry (1947) (Internationally acclaimed), Anatomy of Criticism (1957)

26.

Selwyn Dewdney

1909

1979

Novelist, illustrator, artist, and activist

Notable works: Wind Without Rain, The Sacred Scrolls of the Southern Ojibway (1975), Indian Paintings of the Great Lakes, They Shared to Survive: The Native Peoples of Canada, Christopher Breton, The Hungry Time, Daylight in the Swamp: Memoirs of Selwyn Dewdney

27.

Evelyn Eaton

1902

1983

Novelist, short-story writer, poet and academic known for her early novels set in New France, and later writings which explored spirituality.

Notable works: Quietly My Captain Waits, The King Is A Witch, The King Is A Witch

28.

Marian Engel

1933

1985

Novelist and a founding member of the Writers' Union of Canada. Officer of the Order of Canada.

Notable works: Bear (1976) (Governor General's Award for English-language fiction)

29.

Michael Estok

1939

1989

Poet

Notable works: A Plague Year Journal (considered one of the crucial works of HIV/AIDS literature in Canada), "Ordination", "As the Crisis Deepened" and "Hydrangeas", "Let It Go"

30.

Hubert Evans

1892

1986

Novelist, poet, and short story writer.

Notable works: Mist on the River (1954) (described as the first Canadian novel ever to present a realistic portrait of First Nations peoples)

31.

Jacques Ferron

1921

1985

Playwright.

Notable works: Contes du pays incertain (Governor General's Award for French fiction)

32.

Hugh Garner

1913

1979

British-born novelist.

Notable works: Storm Below (1949), Cabbagetown (1949), The Intruders (1976), Death in Don Mills (1975) and Murder Has Your Number (1978), Hugh Garner's Best Stories (Governor General's Award)

33.

John Glassco

1909

1981

Poet, memoirist, and novelist.

Notable works: Memoirs of Montparnasse (1970), Selected Poems (1971) (Governor General's Award), A Point of Sky (1964) (Grand prix littéraire de Montréal finalist).

34.

E. M. Granger Bennett

?

1988

Historical fiction writer.

Notable works: Land for Their Inheritance (1955), A Straw in the Wind (1958), Short of the Glory (1960) (Ryerson Fiction Award)

35.

Ethel Grayson

1890

1980

Novelist and poet.

Notable works: The Seigneur's Daughter (1920), Beggar's Velvet, Apples of The Moon, Willow Smoke, and Fires in the Vine, Flower of the Storm, Unbind the Sheaves: A Prairie Memoir (1964)

36.

Claude-Henri Grignon

1894

1976

Quebecois novelist, satirist, journalist and politician.

Notable works: Un Homme et son péché (1933), Le Secret de Lindbergh, Les Belles Histoires des pays d'en haut, Les Vivants et les autres and Ombres et Clameurs, Le Déserteur et autres récits de la terre, Les Pamphlets de Valdombre

37.

Roderick Haig- Brown

1908

1976

Writer and conservationist.

Notable works: The Western Angler, A River Never Sleeps, Fisherman's Fall, Measure of the Year, Saltwater Summer

38.

William C. Heine

1919

1991

Novelist and newspaper editor.

Notable works: The Last Canadian (1974), The Swordsman (1980)

39.

Paul Hiebert

1892

1987

Novelist and humorist.

Notable works: Sarah Binks (1947) (Stephen Leacock Medal for Humour), Willows Revisited (1967)

40.

Bruce Hutchison

1901

1992

Author and journalist. Officer of the Order of Canada. Notable works: The Unknown Country: Canada and her People (1942) (Governor General's award for creative nonfiction), The Incredible Canadian: A candid portrait of Mackenzie King, his works, his times, and his nation (1952) (Governor General's award), Canada: Tomorrow's Giant (1957) (Governor General's award).

41.

Thomas P. Kelley

1905

1982

Pulp fiction and crime writers.

Notable works: 2 Black Donnellys novels

42.

A. M. Klein

1909

1972

Ukrainian-born poet, novelist, and leading figure in Jewish- Canadian culture.

Notable works: The Rocking Chair and Other Poems (Governor General's Award), The Second Scroll (1951), Poems (1944), The Hitleriad (1944), Hath Not a Jew, Portrait of the Poet as Landscape, Polish Village, Meditation Upon Survival, Elegy, Lookout: Mont Royal, Grain Elevator, and The Cripples. Lorne Pierce Medal recipient; designated a Person of National Historic Significance by the federal government in 2007. Klein's papers are preserved in the National Library and Archives in Ottawa.

43.

Henry Kreisel

1922

1991

Austrian-born novelist and essayist. Officer of the Order of Canada. (Some of his papers are preserved with the University of Manitoba Archives & Special Collections.)

Notable works: The Rich Man

44.

Gerald Lampert

1924

1978

Novelist and poet.

Notable works: Tangle Me No More (1971), Chestnut Flower Eye of Venus (1978).

45.

Gilbert La Rocque

1942

1984

Quebecois writer and biographer.

Notable works: Les masques (1980) (finalist for the Governor General's Award for French-language fiction) (Prix Suisse-Canada recipient), Le Passager (1984)

46.

Margaret Laurence (pseudonym Steve Lancaster)

1926

1987

Novelist and short story writer. Founder of the Writers' Trust of Canada. (In 2016, she was named a National Historic Person.) Notable works: The Stone Angel (1964), A Tree for Poverty: Somali Poetry and Prose (1954), The Prophet's Camel Bell (1963), The Diviners (1974) (Governor General's Award), A Jest of God (1966) (Governor General's Award), A Bird in the House (1970), The Olden Day's Coat (1980).

47.

Roger Lemelin

1919

1992

Novelist and essayist. Companion of the Order of Canada and an Officer of the National Order of Quebec.

Notable works: L'Homme aux oiseaux (1952), Au pied de la pente douce (1947)

48.

Pat Lowther

1935

1975

Poet

Notable works: Milk Stone (1974), A Stone Diary (1975), Time Capsule (1997), "The Age of the Bird", "Regard to Neruda".

49.

Michael Lynch

1944

1991

American-born poet, journalist, and AIDS activist

Notable works: These Waves of Dying Friends, The Age of Adhesiveness: From Friendship to Homosexuality.

50.

Gwendolyn MacEwen

1941

1987

Poet and novelist.

Notable works: Julian the Magician, The Drunken Clock, Terror and Erebus, King of Egypt, King of Dreams, The Shadow Maker (Governor General's Award)

51.

Hugh MacLennan

1907

1990

Novelist and essayist. Lorne Pierce Medal recipient, Companion of the Order of Canada.

Notable works: Barometer Rising (1941), Two Solitudes (1945) (Governor General's Award for Fiction), The Precipice (1948) (Governor General's Award), Cross Country (1949) (Governor General's Award for Non-Fiction), Thirty and Three (1954) (Governor General's Award for Non-Fiction), The Watch That Ends the Night (1958) (Governor General's Award).

52.

Eli Mandel

1922

1992

Poet and literary academic. (Husband of Miriam Mandel)

Notable works: Fuseli poems (1960), Trio, Stony Plain (1973), Black and Secret Man (1964), The Family Romance (1986), Auschwitz and Poetry, An Idiot Joy (1968) (Governor General's Award)

53.

Miriam Mandel

1930

1982

Poet. (Wife of Eli Mandel)

Notable works: Lions At Her Face (1973) (Governor General's Award), Where Have You Been? (1980)

54.

Tom Marshall

1938

1993

Poet, novelist, and literary critic.

Notable works: The Adventures of John Montgomery, The Essential Tom Marshall, Adele at the End of the Day

55.

Edward McCourt

1907

1972

Irish-born novelist and non-fiction writer.

Notable works: Music at the Close (1947) (Ryerson Fiction Award) (re-published in the New Canadian Library), The Canadian West in Fiction (1949), Home Is the Stranger (1950), The Wooden Sword (1956), Walk Through the Valley (1958), Revolt in the West (1958), Fasting Friar (1963), Remembering Butler (1967).

56.

Colin McDougall

1917

1984

Novelist.

Notable works: Execution (1958) (Governor General's Award), and "The Firing Squad" (First Prize in Maclean's contest).

57.

Leslie McFarlane (pseudonym Franklin W.

Dixon)

1902

1977

Children's literature author.

Notable works: 19 of the first 25 Hardy Boys books, first four volumes of The Dana Girls

58.

Peter McGehee

1955

1991

American-born novelist, dramatist and short story writer.

Notable works: Boys Like Us (1991), Sweetheart (1992).

59.

Edgar McInnis

1899

1973

Poet and historian.

Notable works: Canada: A Political and Social History (History textbook), The Unguarded Frontier, Oxford Periodical History of the War, "Byron" (Newdigate Prize)

60.

Marie McPhedran

1904

1974

Novelist and writer of short stories for children.

Notable works: Golden North (1948) (runner-up for the Governor-General's Award for juvenile fiction), Cargoes on the Great Lakes (Governor General's Awards for juvenile fiction).

61.

Orlo Miller

1911

1993

Historian and novelist.

Notable works: The Donnellys Must Die, Death to the Donnellys

62.

Grace Jones

Morgan (pseudonym)

1884

1977

Pulp fiction novelist. Also wrote for pulp fiction magazines.

Notable works: Salvage All (1928), Tents of Shem (1930) and The Golden Rupee (1935),

63.

Barrie Phillip Nichol

1944

1988

Poet, writer, sound poet, and editor

Notable works: Journeying & the returns (1967), Konfessions of an Elizabethan Fan Dancer (1969), The Martyrology, The True Eventual Story of Billy the Kid (Governor General's Award), Beach Head (Governor General's Award), Still Water (Governor General's Award) and The Cosmic Chef (Governor General's Award)

64.

Alden Nowlan

1933

1983

Poet, novelist and playwright.

Notable works: "Bread, Wine and Salt" (Governor General's Award for Poetry), I'm a Stranger Here Myself

65.

Howard O'Hagan

1902

1982

Novelist and short story writer.

Notable works: Tay John, Wilderness Men (1958), The Woman Who Got on at Jasper Station and Other Stories (1963) and The School Marm Tree (1977).

66.

Raymond M. Patterson

1898

1984

Northwest Canadian explorer and writer. Notable works: Dangerous River (1954), Buffalo

Head (1961), Far Pastures (1963), Trail to the Interior (1966) and Finlay's River (1968)

67.

Josephine Phelan

1905

1979

Historian and biographer.

Notable works: The Ardent Exile (1951) (Governor General's Award for English-language non-fiction), The Boy Who Ran Away: Great Stories of Canada (1954), The Bold Heart: The Story of Father Lacombe (1956), The Ballad of D'Arcy McGee: Rebel in Exile (1967).

68.

Evelyn M. Richardson

1902

1976

Novelist.

Notable works: We Keep a Light (1945) (Governor General's Award), Desired Haven (1953).

69.

Gabrielle Roy

1909

1983

Major Canadian literary novelist. Companion of the Order of Canada. (The National Library of Canada has preserved a collection of her materials covering the years 1940 to 1983. In 2004, the Bank of Canada issued a $20 bank note in the Canadian Journey Series which included a quotation from her 1961 book The Hidden Mountain.)

Notable works: Bonheur d'occasion (1945), The Tin Flute, (Governor General's Award), Street of Riches, The Fragile Lights of Earth, Children of My Heart, Courte-Queue (1979) (Canada Council Children's Literature Prize)

70.

George Ryga

1932

1987

Novelist and playwright

Notable works: The Ecstasy of Rita Joe (1967)

71.

Laura Salverson

1890

1970

Novelist.

Notable works: The Viking Heart, The Dark Weaver: Against the Sombre Background of the Old Generations Flame the Scarlet Banners of the New (1937) (Governor General's Award), Confessions of an Immigrant's Daughter (1939) (Governor General's Award), Immortal Rock: The Saga of the Kensington Stone (1954) (Ryerson Fiction Award).

72.

Elizabeth Smart

1913

1986

Poet and novelist.

Notable works: By Grand Central Station I Sat Down and Wept (1945), The Assumption of the Rogues & Rascals (1977), In the Meantime (1984), Necessary Secrets: The Journals of Elizabeth Smart (1986).

73.

Harold Standish

1919

1972

Poet and novelist.

Notable works: The Golden Time (1949), The Lake of Souls (1957), Neighbours and Other Poems (1944)

74.

Yves Thériault

1915

1983

Novelist and short story writer. Officer of the Order of Canada.

Notable works: Agaguk (1958), Aaron (1954), Ashini (1961) (Governor General's Award for French Language Fiction), La Fille laide

75.

John Thompson

1938

1976

English-born poet.

Notable works: Stilt Jack (1978), At the Edge of the Chopping there are no Secrets (1973)

76.

Paul Toupin

1918

1993

Playwright, memoirist, and essayist.

Notable works: Le Choix (1951), Brutus (1952), Le Mensonge (1960), Chacun son amour (1961) and Son dernier rôle (1979), Brutus (1952) (Prix David), Souvenirs pour demain (Governor General's Award)

77.

Marie Uguay

1955

1981

Quebecois poet.

Notable works: Signe et rumeur (1976), L'Outre-vie (1979), Autoportraits (1982)

78.

David Walker

1911

1992

Scottish-born novelist.

Notable works: The Pillar (1952) (Governor General's Award), Digby (1953) (Governor General's Award), Geordie (1955), Mallabec and Pirate Rock, Where the High Winds Blow

79.

Bronwen Wallace

1945

1989

Poet and short story writer.

Notable works: Two Women Talking: Correspondence 1985- 1987, People You'd Trust Your Life To, Signs of the Former Tenant

80.

Ethel Wilson

1888

1980

Novelist and short story writer

Notable works: The Innocent Traveller (1949), Hetty Dorval (1947), Swamp Angel (1954), Mrs Golightly and Other Stories (1961), The Window

81.

Adele Wiseman

1928

1992

Novelist and poet.

Notable works: The Sacrifice (1956) (Governor General's Award), Crackpot (1974), Old Woman at Play (1978)

82.

Susan Wood

1948

1980

Science fiction author, novelist, and literary critic. Notable works: Energumen (1973) (Hugo award for Best Fanzine)

83.

Robert Zend

1929

1985

Hungarian-born poet and fiction writer.

Notable works: From Zero to One (1973), Beyond Labels (1982), Arbormundi (1982), and Daymares: Selected Fictions on Dreams and Time, Ob

Canadian Politicians & Scholars
# Name D.O.B. D.O.D. Title, Notable Distinctions, Works, or Comments

1.

Louis St. Laurent

1882

1973

12th Prime Minister of Canada

2.

John Diefenbaker

1895

1979

13th Prime Minister of Canada

3.

Bill White

1915

1981

Music composer and social justice activist. First Black Canadian to run for federal office. Officer of the Order of Canada.

4.

Tommy Douglas

1904

1986

7th Premier of Saskatchewan

5.

F. R. Scott

1899

1985

Founding member of the Co-operative Commonwealth Federation party. Two-time recipient of the Governor General's Award (for poetry and non-fiction).

Notable works: Essays on the Constitution (1977), Collected Poems of F. R. Scott (1981)

6.

Marshall

McLuhan

1911

1980

Philosopher, media theory scholar, predicted the world wide web. "The medium is the message", "global village".

7.

George Grant

1918

1988

Philosopher: Canadian nationalism, political conservatism, pacifism, Christianity.

Notable work: Lament for a Nation (1965)

8.

Tim Buck

1891

1973

General secretary of the Communist Party of Canada and then the Labour Progressive Party.

Charged with sedition, imprisoned at Kingston Pen. Gained national popularity after being target of an assassination attempt.

9.

N. Eldon Tanner

1898

1982

Leader of The Church of Jesus Christ of Latter-day Saints.

Alberta MLA, cabinet member and speaker.

10.

Paul-Émile Léger

1904

1991

Archbishop of Montreal from 1950 to 1967.

11.

Hugh B. Brown

1883

1975

Leader of The Church of Jesus Christ of Latter-day Saints and author.

12.

James Sewid

1913

1988

Former Chief councillor of the Kwakwaka'wakw at Alert Bay, British Columbia. Officer of the Order of Canada.

Notable work: autobiography- Guests Never Leave Hungry: The Autobiography of James Sewid, a Kwakiutl Indian

13.

Dan George

1899

1981

Chief of the Tsleil-Waututh Nation, located in North Vancouver. Poet, author, musician, actor.

Notable work: My Heart Soars

14.

George Manuel

1921

1989

Chief of the National Indian Brotherhood (today known as the Assembly of First Nations).

15.

William John

Patterson

1886

1976

6th Premier of Saskatchewan

16.

Woodrow Lloyd

1913

1972

8th Premier of Saskatchewan. While a cabinet minister under Tommy Douglas, he helped pilot Canada's first Medicare program.

17.

Ross Thatcher

1917

1971

9th Premier of Saskatchewan

18.

Jean Lesage

1912

1980

19th Premier of Quebec. Regarded as the father of the Quiet Revolution. Established Hydro-Quebec.

19.

Jean-Jacques Bertrand

1916

1973

21st Premier of Quebec. Abolished the Legislative Council of Quebec and established the National Assembly of Quebec.

20.

René Lévesque

1922

1987

23rd Premier of Quebec. Founder of the Parti Quebecois. Attempted to gain Quebec's political independence via the 1980 referendum. Introduced bill 101 banning English commercial signs.

21.

Thane Campbell

1895

1978

19th Premier of PEI. Companion of the Order of Canada.

22.

Alexander Wallace

Matheson

1903

1976

21st Premier of PEI. Later appointed County Court judge.

23.

Walter Russell Shaw

1887

1981

22nd Premier of PEI. Officer of the Order of Canada. Instituted a regional system of high schools and revamped the civil service employment system and pay scale.

24.

George A. Drew

1894

1973

14th Premier of Ontario, mayor of Guelph, first Chairman of the Ontario Securities Commission. Post WWII recovery efforts.

25.

Leslie Frost

1895

1973

16th Premier of Ontario. Companion of the Order of Canada. Known as "Old Man Ontario" for his long tenure. Expanded public investment in infrastructure (400 series highways), health care and education (8 new universities established).

26.

John Robarts

1917

1982

17th Premier of Ontario. Companion of the Order of Canada. Frost's education minister- responsible for the establishment of 5 new universities.

27.

Henry Hicks

1915

1990

16th Premier of Nova Scotia. Companion of the Order of Canada. Appointed to the Senate by PM Pierre Trudeau.

28.

Joey Smallwood

1900

1991

1st Premier of Newfoundland. Contributed to the inclusion of the Dominion of Newfoundland into the Canadian Confederation.

29.

Hugh John Flemming

1899

1982

24th Premier of New Brunswick. Modernized New Brunswick's hydro system by building the Beechwood Dam. Balanced budget every year in office. Cabinet minister to PM John Diefenbaker.

30.

Richard Hatfield

1931

1991

26th and longest serving Premier of New Brunswick. Allied with Pierre Trudeau to patriate the Constitution and introduce the Charter. Appointed to the Senate by PM Brian Mulroney.

31.

Stuart Garson

1898

1977

12th Premier of Manitoba. Cabinet minister to PM Louis St. Laurent. Companion of the Order of Canada.

32.

W. A. C. Bennett

1900

1979

25th and longest serving Premier of British Columbia. Officer of the Order of Canada. Nationalized BC Ferries and BC Rail and introduced Medicare. Negotiated Columbia River Treaty between Canada and the US.

33.

Richard Gavin Reid

1879

1980

6th Premier of Alberta. Introduced policies to aid farmers during the Great Depression.

34.

Roy Kellock

1893

1975

Supreme Court Justice

35.

Charles Holland

Locke

1887

1980

Supreme Court Justice

36.

John Robert

Cartwright

1895

1979

Supreme Court Justice

37.

Gérald Fauteux

1900

1980

Supreme Court Justice

38.

Douglas Abbott

1899

1987

Supreme Court Justice

39.

Wilfred Judson

1902

1980

Supreme Court Justice

40.

Roland Ritchie

1910

1988

Supreme Court Justice

41.

Louis-Philippe Pigeon

1905

1986

Supreme Court Justice

42.

Bora Laskin

1912

1984

Chief Justice of the Supreme Court

43.

Jean Beetz

1927

1991

Supreme Court Justice

44.

Yves Pratte

1925

1988

Supreme Court Justice

45.

Julien Chouinard

1929

1987

Supreme Court Justice

46.

John Sopinka

1933

1997

Supreme Court Justice