The event featured a panel of renowned Canadian Aboriginal musicians, as well as Canadian director , brother of the Tragically Hip’s . Experimental vocalist, Inuk throat singer, and JUNO award and Polaris Prize winner was the event’s keynote speaker. Alongside Taqaq and Downie, the panel featured Inuk singer/songwriter and multiple JUNO award winner , as well as , one-third of the JUNO award winning electronic group , whose unique sound blends modern hip-hop, traditional pow wow drums and vocals, and electronic dance music. The panel was moderated by , a musician, conductor, and officer of the Order of Canada and the Order of Ontario.

The event began with a performance by Manitoban singer-songwriter , whose alternative RnB draws influence from her Cree/Dene and Irish roots. ��������é’s performance was lively, powerful, and an invigorating start to the morning’s agenda. The performance was proceeded by an introduction by Graham Henderson, the president of Music Canada. Significantly, Henderson’s introduction included an Aboriginal Land Acknowledgement; a practice that is becoming increasingly common at public events in Canada. This is an important development because Aboriginal Land Acknowledgements show recognition of and respect for Aboriginal people and their traditional territories. While it is common practice at music events and concerts to thank sponsors, volunteers, and organizers, Aboriginal Land Acknowledgements are only now gaining traction. Henderson’s inclusion of an Aboriginal Land Acknowledgement in his speech was a positive step forward and one I hope to see taken by other event organizers in the future. Henderson’s introduction was followed by a brief speech by , MP for Parkdale-High Park and Parliamentary Secretary for Multiculturalism. Virani’s speech highlighted the essential role diversity plays in Canada’s cultural output and indicated the importance of multiculturalism and the arts in Canada.

Taqaq began her keynote speech with one of her recent writings, a poem entitled “Sternum”, which juxtaposed the sternum’s biological function with the haunting image of a young girl immobilized by a man lying on top of her, his weight pressing down onto her through his sternum – as creaking bed springs resonate through the air. “Sternum” clearly alluded to the physical, mental, and sexual abuse experienced by Canada’s Aboriginal children under the residential school system, and the poem set the stage for an inspiring panel discussion that was as hopeful as it was critical. Taqaq’s keynote speech also addressed Inuit life and culture, the ongoing vilification of Aboriginal cultural practices in Canada, and the fight for justice for Canada’s . Taqaq’s speech was fiery and confrontational while simultaneously captivating and deeply moving; ultimately laying the foundation for the panel’s conversation on music, healing, reconciliation, identity, and artistic freedom.

One of the most interesting conversations, initiated by moderator Bell, was about the role Indigenous artists play as representatives of Canada’s Aboriginal people. Both Aglukark and Bear Witness commented that they felt conflicted about this role because Canada’s Aboriginal peoples are incredibly diverse and therefore it is problematic to view individual artists as representative of the whole of Canada’s Aboriginal peoples. Taqaq echoed Aglukark and Bear Witness’ comments, saying she feels the public expects her to speak for all Indigenous Canadians, simply because she is an Indigenous woman visible in the spotlight. Taqaq explained that this kind of external pressure can be burdensome because some artists just want the opportunity to speak for themselves; to express their truth, their reality, and their ideas on their own terms. Canada’s Indigenous artists are entitled to their artistic freedom: to create and express themselves as they see fit, regardless of whether their work is keeping with expectations of what it means to be Aboriginal. This was a powerful reminder to all in attendance not to reduce Aboriginal peoples or their arts and cultures to a singular vision – for as Downie was quick to note during the panel discussion, there are over 600 distinct Aboriginal groups in Canada and approximately 65 different dialects spread across 11 languages families. Thus, there is no singular Indigenous voice but rather a vast multiplicity of voices that struggle daily to be heard.

If I could distill the panel’s discussion down to one takeaway, it would be this: it is time to start listening to Aboriginal peoples’ voices – to their stories, their experiences, and their arts. It is time to accept, acknowledge, and trust Aboriginal people when they speak about the harm done to their families and communities and it is time to reject pejorative visions of Indigenous arts and artists based in restrictive traditionalism. Music has the power to heal, unite, educate, and empower, but only if we listen truly and deeply. And thus, as Downie noted during the panel discussion, the responsibility lies with all Canadians, and not simply the government, to listen and strive towards reconciliation.

The author would like to thank Canadian Music Week and Music Canada for organizing this important and thought-provoking panel discussion as well as Tanya Taqaq, Susan Aglukark, Bear Witness, Mike Downie, and John Kim Bell for their words and art.

Stephen Cooley is an IPilogue Editor and a JD Candidate at Osgoode Hall Law School.

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The event brought together delegates from not only across Canada but also the United States, South Africa, and the United Kingdom, highlighting Canada’s importance in the international music community and its significance in the global dialogue around the power of music to heal and bring people together.

The morning began with a powerful keynote address by Laura Hassler, Founder and Director of , a Netherlands-based nonprofit organization that uses music education to assist communities recovering from war and conflict. Ms. Hassler told the story of the , a music school co-founded by her organization in the “most divided city in Europe,” Mitrovica, in Northern Kosovo, a region that had been divided since the Kosovo War in the late 1990s. Delegates listened as Ms. Hassler recounted sneaking students across the Ibar river in order to unite young musicians from the northern Serbian-majority region and the southern Albanian-majority region of the city. According to Ms. Hassler, the joy of playing music began to form the common denominator in these students’ lives, allowing their apparent differences to fade away. She ended the keynote with a clip from , one of the Rock School’s breakout successes—featuring three members from the north and three from the south—and evidence that music has been able to bridge Mitrovica’s cultural and political divide.

After the keynote, Ms. Hassler was joined on stage by Andre Le Roux, Managing Director of South Africa-based Foundation, Andrew Mosker, President and CEO of in Calgary, and Lee Whitmore, VP, Education Outreach and Social Entrepreneurship at in Boston for a panel session moderated by former CBC anchor Nancy Wilson. The Panelists spoke about their own experiences using music as a tool for social good, as well as the potential and the challenges of their work. Mr. Le Roux, in particular, connected the dots between the cultural division in Mitrovica after the Kosovo War and his own experience in South Africa, where the effects of social exclusion and economic division have persisted long after the abolition of apartheid.

The discussion largely revolved around reaching younger generations through music and using it to overcome historical divides, economic disadvantages, and other challenges faced by youth in a given country. Questions from the audience helped to broaden the discussion to the role of music for people with disabilities, the elderly, and those who might benefit from music therapy. Another theme that was emphasized throughout the day was that music allows peoples’ identities to transcend those assigned to them by a given conflict. In Mitrovica, then, a Serbian guitarist and an Albanian vocalist are not just a Serb and an Albanian as they are on the city streets: they are musicians and, often, bandmates.

Unsurprisingly, panelists agreed that funding for arts-based initiatives remains a major challenge, but also that technology offers new, affordable mechanisms for spreading the power of music. Moreover, events such as the Global Forum, and Canadian Music Week more generally, allow for new ideas, new avenues, and new partnerships to be formed.

The panel was followed by a question period and then by a working session, where delegates had an opportunity to discuss the issues with the members of their table. This was a wonderful chance to brainstorm with industry professionals from around the world, and reminded delegates that their own voices and perspectives are a critical part of the dialogue on music education.

We want to thank Music Canada and Canadian Music Week for putting on an important and thought-provoking event, and for giving us the opportunity to attend and participate.

Brendan Monahan is the IPilogue's Multmedia Editor and a JD Candidate at Osgoode Hall Law School.  Sebastian Beck-Watt is the IPilogue's Content Editor and a JD Candidate at Osgoode Hall Law School.

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1. You’ve been asked to speak at Canadian Music Week this year. Could you give us a sneak peek of what you are going to talk about?

I will be speaking on two panels this year. One of the panels, titled “,” will be moderated by Rich Bengloff of A2IM (American Association of Independent Music) and is designed to bring together US and Canadian government representatives, lawyers and music industry players to compare and contrast the legal environment as well as business developments in each country applicable to the music industry. The first part of this panel will be geared towards addressing recent industry developments in the recording and music publishing industries in Canada and the US.  Personally, I will tackle Canada’s music publishing industry and, more specifically, the recent that was decided by the Supreme Court of Canada a few years ago and its impact on royalty rates applicable to downloads and streams of music.  The second part of this panel will focus on a compare and contrast of the United States’ and Canada’s copyright law regimes, including recent developments in each.  We will cover differences between the two regimes, including their respective approaches to fair dealing/fair use, availability of neighbouring rights, ISP notice and notice versus notice and takedown regimes and other contrasting points. Again, I will be tackling the Canadian side of this discussion and Richard Steffens, Minister Counselor of Commercial Affairs at the US Department of Commerce will discuss the American perspective.

The second panel, titled “” will be presented by the International Association of Entertainment Lawyers (IAEL), of which I am a proud member, and moderated by its President, Jeff Liebenson. This will also compare the American and the Canadian approaches; however, the discussion will be more focused on trends in new income streams and business models given recent changes in the music industry. My job on this panel is to update the audience on legal developments in the Canadian music law scene, the copyright pentalogy, and further reforms such as the recent case decided by the Supreme Court – if I can get to it in the short time allotted! This panel is mainly populated with US-based lawyers so I will be holding down the fort for Canada.

2. Why do you think Canadian Music Week is important for Canadians? What can Canadian artists and individuals learn from this event? 

Considering that CMW addresses a wide range of areas, there are numerous benefits to having this event. Some obvious benefits include the awards, educative panels, music festivals and networking opportunities, both formal and informal.

Sure, the week is helpful because it discusses the nuts and bolts of the music industry and the current events related to the industry, both in Canada and internationally. However, I find that the real benefit comes from the opportunity it affords to step back and consider the big picture.

Finally, there is a real benefit to the networking opportunities at these events. CMW not only attracts experts from within Canada, but internationally as well. Many of the industry folk I talk to from around the world seem to know of and respect CMW. This international exposure has the benefit of attracting international experts to speak at CMW conferences and panels, and consequently creates a great networking opportunity for event attendees.

3. You’ve had a fantastic career in the entertainment law industry in such a short period of time. How do you think the music industry and its legal landscape have changed since you first began practising entertainment law in Canada?

The legal landscape has changed tremendously since I first started practising entertainment law in Canada. I had the benefit of starting my music law career at the beginning of the latest technological revolution in the mid-1990s so I witnessed the early stages of the transition from physical to digital output of music. At that time, the music industry was likely at its height in terms of record sales so I was really able to see everything unfold. For example, there was the emergence of Napster and the consequential business model changes to address the issue of illegal downloading. From a legal perspective it has truly been a fascinating industry in which to practice. Since then, there have certainly been ups and downs in addressing the difficult legal issues that have presented themselves due to changes in technology and, generally speaking, the music industry is confronting a different economy now that it was in the 90s. As far as the work for lawyers, however, it seems that the demand has stayed fairly consistent.

Other than the obvious changes to the business models, there have been major differences in how people work in the music industry. It used to be that people would work in silos according to their areas of expertise; for example, you were either a music lawyer, or a tv lawyer, or a film financing lawyer or a fine arts lawyer.  The niche aspect of the silos made you even more valuable to your clients seeking that particular expertise. Nowadays, all these different areas of the industry have started to collapse into new and mixed-silo business models and so if you work in a silo you are actually doing your client a disservice. For example, there is now a tendency to focus on the brand of the artist, as opposed to their music alone, which can result in the need to deal in all kinds of rights, including name and likeness, music publishing, recording, merchandising, live performance and other rights.

4. Similarly, what do you think are the biggest issues facing Canada’s music industry today?

In my opinion, there are three main issues facing Canada's music industry today. The first is ensuring that artists are compensated for their music so that the music industry doesn't turn into the realm of  a mere hobby. The second issue is finding a way to cause consumers to appreciate the value of music while the industry satisfies consumer demand for wide and easy access to music. Finally, we need to protect and enforce copyright in today's digital age where infringers can easily hide behind their ISPs in cyberspace, while balancing that with the need to protect privacy in appropriate circumstances. Legislative reform has recently finally proven to be one practical way to tackle these issues, but the developments of new ways of doing business in this industry must go hand-in-hand with that to make it really work.

Susan H. Abramovitch is the Head of Gowlings' Entertainment Law Practice. Her practice covers all aspects of transactions and disputes in the music, film, television, live theatre, multimedia, videogaming, branded entertainment and book publishing industries. Susan received her L.L.B. and B.C.L from McGill Law School ('91) and has since then been called to the Bar in Ontario ('96), New 91��ɫ ('94), and Quebec ('92). 

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