Bill C-385 (Historical)

An Act to amend the Criminal Code (computer virus programs)

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

This bill was previously introduced in the 40th Parliament, 2nd Session.

Sponsor

Marlene Jennings  Liberal

Introduced as a private member’s bill. (These don’t often become law.)

Status

Outside the Order of Precedence (a private member's bill that hasn't yet won the draw that determines which private member's bills can be debated), as of May 13, 2009
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends subsection 342.2(1) of the Criminal Code in order to clarify that the creation, sale or possession of a computer virus program for the purpose of committing a computer offence or mischief is an offence under Canadian law.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Criminal CodeRoutine Proceedings

May 13th, 2009 / 3:10 p.m.
See context

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

moved for leave to introduce Bill C-385, An Act to amend the Criminal Code (computer virus programs).

Mr. Speaker, my bill, which is also known as anti-cyber attack, would change section 342.2 of the Criminal Code so as to clarify that the creation, sale and possession of a computer virus program for the purpose of committing a computer offence or mischief is an offence in Canadian law.

Cyber attacks constitute a real threat to Canadian security, Canadian businesses and Canadians' privacy.

Cyber attacks are offences against the confidentiality, integrity and availability of computer data and computer systems or networks. In other words, we are talking about hacking, spreading bought computer viruses and denial of service attacks.

Canada lags behind all of the members of the G8 as far as our legal recourses are concerned.

Canadian law enforcement organizations have been calling for this kind of legislation and my bill would fill the gaps in the Criminal Code.

My bill also takes into account the concerns of the telecommunications industry that recommended that any legislation dealing with cyber attacks make clear that criminal intent is necessary and my bill includes just a provision.

I hope that all hon. members in this House will support this bill, and I also hope that it will be discussed in second and third readings, in committee, and at report stage.

(Motions deemed adopted, bill read the first time and printed)