The public got there first. Carney got there later.

August 23, 2026

On Friday night Mark Carney said no to the “shit deal” that Canadian journalist Jen Gerson warned us might be coming.

In the absence of a lot more information than we’ve already been given, the post-mortem on the breakdown of negotiations will continue to be spun by whomever’s talking, be it Mark Carney or Donald Trump. 

Canadian journalist Terry Glavin reminded us this weekend that “there’s also a good reason to be at least somewhat skeptical about the way Prime Minister Carney has explained the impasse, and by all means, be skeptical about the spin put about by sources close to the talks and various Liberal-friendly sock puppets. Peter Menzies, who has spent a lifetime in journalism and media policy, has noticed the ubiquity of “strategic leakers” informing reporters assigned to the trade talks. Menzies advises vigilance.”

Times two, I say (except for the sock puppet comment). 

There might have been one such strategic leak last week about where the Online News Act stood in the midst of last week’s negotiations. The answer was: it’s awaiting a formal death announcement.

On Thursday, Toronto Star investigative reporter Justin Ling reported that “sources” (note the plural) were telling him that Carney had already thrown the Online News Act under the bus as part of a projected settlement and that “publishers” had been advised to be “ready for the death” of the bill.

Ling also reported  “another source briefed by Canadian officials confirmed that the Online News Act would be a likely concession, but stressed that things could change before Friday’s new deadline.”

Note “likely.”

Unless someone in the source-chain is lying, “likely” and “briefed by Canadian officials” is intended to be reliable information.

I did ask Newsmedia Canada CEO Paul Deegan if indeed publishers were warned by “Canadian officials” about dropping the legislation that pays out $100 million annually to Canadian news outlets.

 “I am not aware of any conversation, officially or otherwise, between publishers and government about the future of the Online News Act one way or the other, nor am I aware of any such conversations with any publisher or group of publishers,” he told me.

“Ministers and staff were extremely tight-lipped, which was entirely expected and appropriate, given the sensitivity of the final negotiations which were underway in Washington.”

On Friday morning the reaction in the Québec media to Ling’s tip off was of mushroom cloud dimensions. Among the Québécois opinion-movers pushing the red button were the respected University of Montréal law professor Pierre Trudel and Bloc MP Martin Champoux. The Bloc’s press release was punctuated by the words “appeasement” and “capitulation.” 

If the Québec branch of the federal Liberal Party has one job it is, at the very least, not to severely aggravate nationalist sentiments on matters of media and culture. The toss-up federal by-election in Chicoutimi is next Monday, a separatist party leads the polls going into a provincial election at the beginning of October, and there will be three more federal by-elections in Québec later this fall. 

No doubt all of this circulated back to the Prime Minister’s Office and was likely just one more thing to remind Carney that public opinion polling was making it clear he had misread the room of Canadian opinion on taking significant tariffs and making cultural concessions.

In the aftermath of the breakdown on Friday night, Ontario Premier Doug Ford went on television to make it clear that he’d been uncomfortable all of last week about the projected landing spot on auto, steel and aluminium tariffs. The landing spot was 15% for auto and 25% for steel and aluminum, effectively the global benchmark for Trump tariffs. Don’t bother with the nuances to those heart-stopping numbers.

On culture, Carney told reporters following his Saturday morning press conference that the sticking points included “the French language” and “culture.” He offered no specifics (although in one of his answers he referred to the American hostility to bilingual product labelling).

Whatever cultural concessions were in the works, the deal is off for now.

As trade lawyer Barry Appleton wrote this weekend, “the public got there first.” Carney got there later.

“Polling in the week of the negotiation put support for making concessions at thirty-nine per cent,” noted Appleton. “Six in ten Canadians were against conceding further before the deadline arrived. A government facing that number was discovering the edge of what it could sign more than it was choosing refusal.”

This disconnect with public opinion, and the popular appetite to stand up to Trump’s aggression, has been Carney’s weakness going back to his 2025 election. It’s responsible for both the surrender of the digital services tax and overruling the CRTC on streamer contributions to Canadian content.

Léger poll, October 2025

I can offer from my own career experience as a trade union negotiator: ninety per cent of the job is to get the right read on your membership. It’s not only that you are accountable to the rank and file, as Carney is to Canadians, but more importantly their willingness to fight and take pain is your bargaining power. Overestimate or underestimate that fighting spirit at your peril. 

Carney’s “I’m the adult in the room” persona is what got him elected. But it’s clear now he underestimated the Canadian people and was on the verge of presenting us with a bad deal as a fait accompli without giving us the opportunity to stand up to an American government brazenly determined to turn us into a vassal state, a Belarus to their Russia, when we’d rather be Ukraine.

I’m not convinced the Prime Minister has got the message yet.

He set September 8th as the date for imposing Canadian retaliatory tariffs. That gives him time to get past the three federal by elections next Monday. More importantly, the extra two weeks seem like an invitation to the Americans to reconsider and get back to the table with a better offer.

A fresh American offer with radically lower tariffs and no Canadian concessions seems unlikely. Let’s hope the Prime Minister is reading the right room, the Canadian room. 

***

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This post is copyrighted by Howard Law, all rights reserved. 2026.

Catching up on MediaPolicy – Canadian culture first – Spotify the Colossus – the CRTC’s better late than never – The Shapiro Oracle speaks to Will Page

February 1, 2025

The illegal Trump tariffs begin today, heralding trade war.

Last week MediaPolicy posted an editorial of sorts, calling for elected politicians to greet America First with Canada First in trade negotiations over culture. 

A flimsy “cultural exemption” in our free trade deal with the US dates back to 1987. As intended, it offers no more than a speed bump to powerful US media and tech companies determined to dominate Canadian cultural consumption. It needs to be locked down.

How and when that happens in the permanent state of Trump chaos that we’ll endure for the next 1500 days isn’t clear.

Tariffs now, tariffs later,

tariffs done or undone.

How’s the weather in Newfoundland?

***

Spotify is feeling it. 

In this week’s corporate blog post, the Netflix-of-music-streaming stands triumphant.

As the colossus of the audio industry, Spotify is more than twice the size of any of its nearest competitors TenCent, YouTubeMusic, Apple and Amazon, with over 220 million paid subscribers. 

As the proud vanquisher of Napster and the torrent pirates, Spotify reports that every industry metric is looking up. Altogether, audio steamers have a half-billion paid subscribers signed up around the world. Spotify music VP David Kaefer says a billion is the next goal. 

Kaefer also says musician earnings are way up over the last ten years, with the top 10,000 musicians on Spotify —out of 10 million— earn at least $100,000 USD annually. That money is shared with band members and songwriters.

Spotify earnings are 25% of a typical “musician’s” total income, he estimates, adding to income from other streaming services, downloads and live performances. 

The “long tail” of music creators uploading to streaming platforms, to quote music economist Will Page, “is very long and very skinny.”

***

The CRTC is expected to announce in March a public consultation on a policy framework for audio streaming and radio.

On the streaming side, the cash contribution of 5% of Canadian revenues was established by the CRTC last June, so this new consultation will likely focus on other things; the discoverability and prominence of Canadian songs being the logical focus.

The Commission just now put out a request for proposals for a third party research study of the prominence and discoverability of Canadian audio and video content. 

Well, better late than never, no? The results won’t be reported until November and will be unavailable for the policy framework.

In response to a MediaPolicy inquiry, commission staff said the report findings would be available when the commission moves into its third phase of setting tailored regulatory terms and conditions for streamers in 2026.  

***

The recommended podcast for the week is an episode of Bubble Trouble, music economist Will Page’s platform. 

He’s invited media oracle Doug Shapiro onto his show. MediaPolicy often recommends Shapiro’s Substack page, The Mediator. 

If you follow either tech or media news in the most cursory way, you’re going to find this interview about the past, present and future of media as riveting as I did.

If podcasts aren’t your thing, I found a LinkedIn post from Midia Research’s Mark Mulligan who has some out of the box thoughts about how music streaming algorithms that chase listening time above all else will drive away some artists, hardcore fans, and discerning listeners, into the emerging ecosystem of Do-It-Yourself distribution.

***

Here’s an update on my January 1st post about polling conducted by TMU’s The Dais School of Public Policy. 

No thin skins for them, the folks at The Dais acknowledged the point I raised about how its annual survey questions failed to solicit the experiences of Jews and women with online hate. 

The Dais also saw some merit in my observations that their poll questions testing Canadians’ susceptibility to misinformation on the basis of political ideology were torqued towards right-wing conspiracies and misinformation. 

To its credit, The Dais is going to review these issues in preparation for its 2025 survey.

***

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