The state of Canadian kids content was explored on day two of the Canadian Radio-television and Telecommunications Commission’s hearing on domestic programming.

Shaw Rocket Fund chair Christine Shipton told commissioners on Thursday (May 15) there has been a “market failure” in the decline of new children’s programming, with production spend falling to $387 million in 2023-24 from $628 million in 2015-16. The issue also extends to loss of quality control, access to homegrown programming and the representation of Canadian and Indigenous children’s experiences on screen.

“This is a crisis. Not just for the Canadian broadcasting system, but for the very identity of our next generations,” said Shaw Rocket Fund president and CEO Agnes Augustin.

She warned that “the future looks even more alarming” in light of plans from Rogers Communications to pull its contributions to the Fund this summer, as well as notice from Bell that it will no longer distribute WildBrain’s channels, which include Family Channel and Family Jr.

To counter these trends, the Fund proposed that 20% of Canadian programming expenditures (CPE) be dedicated to the children’s and youth genre, arguing that it aligns with the Canada Media Fund’s (CMF) 21% target for kids programming in broadcaster envelopes. In the event a broadcaster or streamer does not program children’s content, that 20% would be redirected to a fund like the Shaw Rocket Fund.

When asked about the level of market interest in producing children’s content, Augustin pointed to the loss of genre protections in 2015, leading to a reduction in program commissioning. While there are producers in Canada ready and able to produce kids content, they can’t trigger CMF funding without a broadcaster, distributor or streamer.

“There’s nothing stopping any broadcaster or streamer from reaping the rewards of successful Canadian programming,” said Shipton. “There are rewards – if you get a hit, you’ve got a hit. They can have partial ownership and share the rewards on a project.

“It’s just that they’re not being asked to do it. If there is a regulation that they must spend money on children’s content, they’re going to get great executives in there, because the boss is going to say, ‘go make me a hit. If I have to do this, I better do it well,'” she continued.

Gave Lindo, chief content officer at Troveo AI and a board member of the Shaw Rocket Fund, underscored the important role Canadian children’s programming has in the overall kids content ecosystem. “There is such a high volume of content that is produced from [online] creators that is unregulated and doesn’t have the same attention to developmental milestones that traditionally-produced Canadian programming has,” he said. “We’re not saying we’re trying to migrate kids back to television. It’s just ensuring high-quality content that’s available regardless of where they like to see it.”

In his presentation, John Ferri, VP, programming and content at pubcaster TVO, echoed the concerns around the ability to produce high-quality educational children’s programming. He said TVO relies heavily on its CMF envelope and the availability of broadcasting partners, which has declined over the years.

Ferri told commissioners that children’s and youth and documentary genres are at risk and should have protections under the regulatory system, rather than “be tied exclusively to market-driven models.”

Executives at APTN also addressed children’s content during its presentation. Mike Omelus, executive director of content and strategy, said it’s not possible to monetize that type of content since they can’t place ads around it, but its cultural significance is paramount. One example he gave is the APTN, Citytv Saskatchewan and TFO animated preschool series Chums, which is available in English, French, Cree and Ojibwe, and helps children and adults alike learn Indigenous languages.

That unique position informed APTN’s key proposal to the CRTC, which was to enshrine the role of Indigenous broadcasters in Canada. The organization proposed that funding envelopes should include Indigenous production in all funded genres, with a priority for Indigenous broadcasters – with preference if they’re in a first window position. Otherwise Indigenous productions under non-Indigenous commissioning broadcasters should be available to Indigenous broadcasters within a reasonable period.

Another key topic raised with commissioners on day two was the level of accessibility in the broadcasting system. The Deaf Wireless Canada Committee proposed that the CRTC create a commissioning body in Canada dedicated to sign language-based programming, similar to LumoTV in the U.K., which the organization said is the only one of its kind in the world.

LumoTV produces and distributes content for the Deaf community, which is made available on YouTube and through its U.K. broadcasting partners, including Sky and Virgin Media.

“We should thank LumoTV for the best example on how to do it,” said committee member Jessica Sergeant via an American Sign Language (ASL) interpreter. “Now let’s make it better. Let’s make them jealous.”

Deaf Wireless also proposed that the CRTC should model its accessibility policies after U.K. regulator Ofcom’s TV Access Services Code, which requires broadcasters to make a portion of their programs accessible – including the use of sign languages. The committee recommended the creation of a TV and Digital Access Code, which would require 5% of Canadian content to be accessible through the use of ASL, Quebec Sign Language and Indigenous Sign Language.

Accessible Media Inc. (AMI) president and CEO David Errington proposed that foreign streamers should be obligated to support 9.1(h) services by paying into funds “for services of exceptional importance.”

In his presentation, he highlighted how AMI has pivoted to original production to represent the lives of Canadians who live with disabilities as broadcasters increase their level of accessibility. However, that production is costly to produce, and a loss in revenue has reduced AMI’s CMF envelope as a result.

In a joint presentation, the Canadian Film Centre, National Screen Institute and L’institut national de l’image et du son argued that a new framework must invest in the training and professional development of Canadian talent. In particular, if showrunners are going to be included in a revamped point system, the system should support showrunner training.

The organizations also argued that artificial intelligence (AI) must be considered in a new broadcasting framework, and the use of AI should not make productions ineligible for consideration as Canadian content.

Instead, the CRTC should establish eligibility criteria on AI use, including ensuring creative and editorial control is exercised by Canadian humans, that content produced is copyrightable, and the use of AI is transparent and all contributors are compensated.

Some of the witnesses scheduled to appear in front of the CRTC on Friday (May 16) are the National Film Board of Canada, Telefilm Canada, Corus Entertainment and the Motion Picture Association-Canada.

Pictured (L-R): Gave Lindo, Christine Shipton, Agnes Augustin and Erin Finlay