Protecting Children from Internet Predators Act

An Act to enact the Investigating and Preventing Criminal Electronic Communications Act and to amend the Criminal Code and other Acts

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Vic Toews  Conservative

Status

Second reading (House), as of Feb. 14, 2012
(This bill did not become law.)

Summary

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

Part 1 enacts the Investigating and Preventing Criminal Electronic Communications Act, which requires telecommunications service providers to put in place and maintain certain capabilities that facilitate the lawful interception of information transmitted by telecommunications and to provide basic information about their subscribers to the Royal Canadian Mounted Police, the Canadian Security Intelligence Service, the Commissioner of Competition and any police service constituted under the laws of a province.
Part 2 amends the Criminal Code in respect of authorizations to intercept private communications, warrants and orders and adds to that Act new investigative powers in relation to computer crime and the use of new technologies in the commission of crimes. Among other things, it
(a) provides that if an authorization is given under certain provisions of Part VI, the judge may at the same time issue a warrant or make an order that relates to the investigation in respect of which the authorization is given;
(b) provides that the rules respecting confidentiality that apply in respect of a request for an authorization to intercept private communications also apply in respect of a request for a related warrant or order;
(c) requires the Minister of Public Safety and Emergency Preparedness to report on the interceptions of private communications made without authorizations;
(d) provides that a person who has been the object of an interception made without an authorization must be notified of the interception within a specified period;
(e) permits a peace officer or a public officer, in certain circumstances, to install and make use of a number recorder without a warrant;
(f) extends to one year the maximum period of validity of a warrant for a tracking device and a number recorder if the warrant is issued in respect of a terrorism offence or an offence relating to a criminal organization;
(g) provides the power to make preservation demands and orders to compel the preservation of electronic evidence;
(h) provides new production orders to compel the production of data relating to the transmission of communications and the location of transactions, individuals or things;
(i) provides a warrant to obtain transmission data that will extend to all means of telecommunication the investigative powers that are currently restricted to data associated with telephones; and
(j) provides warrants that will enable the tracking of transactions, individuals and things and that are subject to legal thresholds appropriate to the interests at stake.
It also amends offences in the Criminal Code relating to hate propaganda and its communication over the Internet, false information, indecent communications, harassing communications, devices used to obtain telecommunication services without payment and devices used to obtain the unauthorized use of computer systems or to commit mischief.
Part 2 also amends the Competition Act to make applicable, for the purpose of enforcing certain provisions of that Act, the new provisions being added to the Criminal Code respecting demands and orders for the preservation of computer data and orders for the production of documents relating to the transmission of communications or financial data. It also modernizes the provisions of the Act relating to electronic evidence and provides for more effective enforcement in a technologically advanced environment.
Lastly, it amends the Mutual Legal Assistance in Criminal Matters Act to make some of the new investigative powers being added to the Criminal Code available to Canadian authorities executing incoming requests for assistance and to allow the Commissioner of Competition to execute search warrants under the Mutual Legal Assistance in Criminal Matters Act.
Part 3 contains coordinating amendments and coming-into-force provisions.

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.

April 26th, 2012 / 12:20 p.m.
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Privacy Commissioner, Office of the Privacy Commissioner of Canada

Jennifer Stoddart

I think, honourable member, that's a very plausible explanation. We don't always know ourselves why there are more complaints or fewer complaints and so on.

Just recently, complaints from the private sector have been going up, as have, I believe, those from the public sector. We're asking ourselves why this is. Hits to the different websites have been going up. I think that's possibly in relation to a lot of the discussion around Bill C-30 recently. Canadians are very concerned about their privacy rights.

April 26th, 2012 / 12:10 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Thank you.

In this current climate, a sword of Damocles is hanging over our heads. I am talking about Bill C-30, which the government wants to use to provide the Competition Bureau, the Canadian Security Intelligence Service and law enforcement agencies with direct access to personal data through Internet service providers. I have a feeling that will increase your workload considerably.

What kind of consequences do you think pieces of legislation such as Bill C-30—which enables Internet providers to directly search Canadians' computers—will have on your work, in terms of protecting personal, private and confidential citizen data? In addition, considering the cuts to your budget, how will you deal with that type of situation?

April 26th, 2012 / 11:40 a.m.
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NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

Thank you, Mr. Chair.

I want to thank Ms. Stoddart and Ms. Bernier for joining us today.

Ms. Stoddart, when you talked about CATSA, you highlighted a problem regarding protocol compliance by private companies with contracts for passenger screening. You mentioned certain gaps in their methods of data disposal and incident report safeguarding. In Bill C-30, the reliance on private companies to collect and safeguard personal information is apparent. Are you concerned by this increased reliance? Is that a current trend?

April 26th, 2012 / 11:40 a.m.
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Conservative

Kerry-Lynne Findlay Conservative Delta—Richmond East, BC

Yes.

Also of course there's the whole issue of a balance of probability standard over reasonable doubt, the fact that tribunals, appropriately, can hear hearsay evidence. I mean, there are many issues with it here, working its way through a tribunal process. You also identified the multiplicity of venues, which can be very problematic.

I think all of these factors have gone into our thinking on our side of the House in supporting this private member's bill.

Also, I think it is important to mention that the government has already introduced Bill C-30, which does bring amendments to section 319 of the code to expand the list of activities or groups in the Criminal Code.

I was very interested in your comments on improvements that can be made, and also the way it plays out in provincial jurisdictions. We, obviously, cannot tell the provinces how to do this, but I think groups such as yours have a huge role to play in making those suggestions.

Improvements that could be made, or even the addition of other specific offences, as I think you mentioned, David, are things that I would very much want to see us take into consideration. I hope you will continue to give us your advice in that respect.

I also noted the comment that we have to recognize that despite our best efforts, these actions have not gone away. In other words, we have to be ever-vigilant.

My question to you, or maybe it's more of a comment, is this. Do you see yourselves as being able to play an active role in continuing to advise us on ways that, through the Criminal Code process, we may be able to better deal with this kind of attack?

April 26th, 2012 / 11:35 a.m.
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Liberal

Scott Andrews Liberal Avalon, NL

I have a question on Bill C-30. Your counterpart in Ontario, Ann Cavoukian, has been quite critical of Bill C-30, and she's been quite vocal. Do you share some of her comments regarding Bill C-30?

April 26th, 2012 / 11:25 a.m.
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Conservative

Dean Del Mastro Conservative Peterborough, ON

Okay, thank you.

I'm pleased that 32 of the 34 recommendations that you made previously were fully or substantively instituted. That's good news.

I'm also pleased to hear that Google is cooperating so well. I'm not meaning to give props to Jacob Glick and Google here in Canada, but I can't remember the last time I used another search engine online. I'm glad to hear that they're returning the loyalty that Canadians have extended to them with a cooperative spirit. That's good to hear.

I wanted to ask another question. Mr. Angus talked a little bit about Bill C-30. I know that's not what you're here specifically to address. Of course, notwithstanding the fact that I don't believe Canadians should be providing any more information than what they absolutely are required to by law, I think...as you said, governments have a duty to protect that information; they require it for the operation of government. At the same time, I'm always concerned that there is an element within society that uses rules like privacy laws to hide illegal activity, to hide themselves amongst otherwise law-abiding citizens, and to use those protections that we fight for, that I think all parties fight for and have always fought for. They utilize those protections, those privacy laws, to do criminal acts.

It's never going to be easy to determine...and I think it's true to say there are sacrifices we all must make in order to make sure our law enforcement officers and so forth have the ability to track down those who would otherwise seek to exploit our privacy laws to break the law. You talked about having a conversation with Canadians—I'm paraphrasing—to justify why these changes need to be made. Have you been approached by groups or police and law enforcement that have talked to you about some of that rationale, about some of the things they're seeing? My local police chief came and talked to me, and it was very disturbing what he indicated to me about the challenge they're having tracking down, specifically, people who are trafficking in child pornography.

April 26th, 2012 / 11:10 a.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Thank you, Mr. Chair.

Madam Stoddart, thank you for your excellent reports. In our business we read many reports. Often it seems reports are just data, but sometimes we come across a report like yours, which has a clear vision of the issues of privacy, the state's role, and the rights of the individual. I think it's a very powerful statement.

You state that security and privacy are not opposing values. You also state:

...the state also has an obligation to treat individuals with respect—to preserve their dignity and to safeguard their personal information.

This is not a mere frill or a “nice-to-have”; it is fundamental to the trust relationship that must exist between citizens and their government.

I think that's a very clear and powerful manifesto with which Canadians would agree. The question is how to ensure that this trust relationship is not eroded.

I'm particularly concerned, for example, with Bill C-30 and the lack of protocols that will exist in terms of being able to collect and hold personal data. People have raised concerns about Bill C-30. I know that you've raised concerns. The minister, Vic Toews, said that people who raise concerns are on the same side as the child pornographers, which I find to be a very offensive statement about the issue of privacy.

What are your concerns about the lack of protocols in Bill C-30 to protect the privacy rights of citizens?

April 24th, 2012 / 12:35 p.m.
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Conservative

Dean Del Mastro Conservative Peterborough, ON

Thank you very much.

Mr. Carroll, as you'll know from your decades of political experience.... I believe you've worked for a number of MPs—Bonnie Crombie, you mentioned, and Joe Volpe, whose leadership campaign raised people from the dead....

Many Canadians in public life have gone through family breakdowns, and I'm proud that my party, the Conservative Party, has maintained a high ethical standard. We've never engaged in circulating divorce records of our political opponents—never—but there have been many.

If your smear campaign has served any purpose, I hope it will be to shame the Liberal Party into demanding better from its staff and, more importantly, reflecting on its own internal culture of rot, which produces activists who undertake things like you did.

I want to thank you for your appearance today. I think we've gained a number of answers today. But I'm left with an awful lot of questions as well, because it's very clear to me that you've indicated, for example, that everyone in the Liberal office—you said everyone—had access to these files. I can't see what purpose a file like this would serve in the Liberal Research Bureau other than to be used for the exact purpose that you used it for. I would think it was done with the full knowledge of the leadership of the Liberal Party, that files like this were being compiled with the intention of at some point turning someone like you self loose with them, to use them in the fashion you did. I'd also suggest that if the Liberal Party truly wants to demonstrate....

You know, I read a file from 2002, a newspaper story, from when Kevin Bosch first arrived on the Hill. It talked about how Mr. Bosch came with files full of personal information, attack information, on opposition MPs.

I believe this has been a culture within the Liberal Party for some time. I think you were picking up on that culture. I think you were using resource materials that, you've indicated, you don't even know where they came from, but they were readily available to every staff member in the Liberal office.

I can't help but believe, and I don't think anyone who's impartial in this room can help but believe, that those files were compiled in the Liberal Research Bureau for any reason other than to do exactly what you did with them.

As I pointed out, the Liberal Party itself in 2005 brought a bill similar to Bill C-30 to assist police in tracking this kind of crime that we see in our streets. Marlene Jennings twice championed it as a private member's bill, and I believe Francis Scarpaleggia demanded that the government support that bill and bring it forward at the time.

April 24th, 2012 / 12:15 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Okay.

I suppose, as parliamentarians, there seems to be a learning gap between the traditions of this place and how things are communicated and the new tools that are available to anybody with an email account. One of the tools that you used was characterized—and forgive me, I don't want to impugn you—as a form of character assassination. A minister of the crown's personal life was put into a very public space, at which point it could not be very well controlled. These tools are incredibly powerful.

What connection do you make back to the legislation that was being discussed in the context of this controversy, specifically Bill C-30?

April 24th, 2012 / 12:10 p.m.
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Conservative

Blaine Calkins Conservative Wetaskiwin, AB

Well, the dots do exist. You said that you put the tweet out there. It was retweeted by Mr. Trudeau. Yet you have no idea how that possibly happened.

I think you had a grand total of two followers on your @vikileaks30 account, and yet it managed to somehow appear on the most popular Liberal member of Parliament's radar screen to be retweeted. I think that leaves some questions to be asked.

I understand that you've played the victim card here today. I get that. I understand what it's like. But when you push the send button out into the multiverse or the twitterverse, or whatever it happens to be, you take those masks off. Your contention is that nobody should have to, that we should have free rein to do whatever we want in complete anonymity on the Internet. I think that was where you were coming from with Bill C-30. But I digress.

I would agree with you, Mr. Carroll: you are a victim. You were thrown completely under the bus by your party, by your leader who said that this information had absolutely crossed a line.

I just want to know, had anybody communicated with you before being told such that affidavits on people's personal lives should be in an unlocked filing cabinet in an office where, I would assume, staffers come and go rather quickly? You were only there from August until February. My guess is that you were not the first one to come through that office or the last one to go who had access to this information. I don't know who would have a catalogue of all of this information or how you would come to magically know about these affidavits being there.

It bothers me to know that any information about any particular individual member of Parliament is being researched to this level of detail. You've somehow tried to minimize it by stating that the quotes we take from the public media and rebroadcast during members' statements are somehow the equivalent of making a trip to a courthouse in Manitoba to get an affidavit for somebody's court proceedings.

It's a little bit different, Mr. Carroll.

Am I out of time, Mr. Chair?

April 24th, 2012 / 11:15 a.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Okay.

I didn't ever look at Vikileaks, but there was a huge online media backlash against Bill C-30 and, in particular, the actions of Minister Toews and the rather flagrant disregard he seemed to show for average Canadians with his accusation that anybody who believed in privacy rights was somehow a child pornographer. I think that struck a lot of Canadians and gave rise to justifiable anger by Canadians to push back, and we saw a huge online response.

What was it that separated Vikileaks30 from the massive online Twitter response that we saw? What was it that you were setting out to accomplish?

April 24th, 2012 / 11:05 a.m.
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Adam Carroll As an Individual

Thank you very much, Mr. Chair, and I congratulate you on being elected chair of this committee.

Thank you, Mr. Chair. Thank you, committee.

On March 6, 2012 the Speaker ruled the Vikileaks matter closed and found no further reason to investigate. Nevertheless, despite the Speaker's ruling and the procedures of the House, some members of this committee have persisted that I appear.

Indeed, Mr. Chair, your predecessor rightly ruled against the Conservative motion initiating this inquest, but these members showed you and your predecessor the same degree of deference they accorded the Speaker, usurping his and your authority with their own. In doing so they demonstrate disregard for this committee's mandate and the many responsibilities clearly set out in Standing Order 108(3)(h), none of which include the use of House of Commons resources.

Furthermore, House of Commons Procedure and Practice, page 1048, is prescriptive when it comes to the authorities of committees. It states: [Committees] have no independent existence and are not permitted to take action unless they have been authorized/empowered to do so by the House.

The Speaker ruled, the chair ruled, the House of Commons Procedure and Practice ruled. So let me remind everybody that under normal circumstances we would not be here today.

However, I agreed to voluntarily appear for two simple reasons. First is my respect for Parliament, and second is to bring this matter to a close.

I will provide a brief summary about what I did and what motivated me to act. I will then be prepared to answer questions related to the supposed reason for this meeting, my use of House of Commons resources. However, I want to be very clear about a few things. I am Vikileaks30. I, and I alone, am the author of that Vikileaks posting site. I was never ordered nor asked to do it. I never discussed my actions with any member of Parliament, including the interim leader of the Liberal Party. I acted on my own. All information posted was already on the public record, obtained from accessible sources.

Now allow me to recall some of the chronology for the purposes of context. On February 13, 2012 Minister Vic Toews, in addressing his online spy bill, infamously challenged all Canadians to “either stand with us or with the child pornographers.” Like most Canadians I was deeply offended by the minister's aggressive and needlessly polarizing language.

The following day, February 14, 2012, Mr. Toews introduced Bill C-30, but not before changing, seemingly at the last second, the title of the bill to the Protecting Children from Internet Predators Act.

I'm not alone in believing that Bill C-30 is a sweeping piece of legislation that will allow the Canadian government to routinely invade the privacy of Canadians by monitoring their activity on the Internet. For many Canadians like me, personal privacy is a fundamental civic and human right. It goes to the very core of our personal dignity and identity.

I was raised in a culture that cherishes freedoms and rights, a people who have, in living memory, learned the hard way what is at risk if we do not stand up for our rights and our freedoms.

Given the haste with which bills are passed under the current government, and given its refusal to consider amendments to its bills, it seemed that this bill was all but passed. I felt compelled to urgently bring public attention to the threat Bill C-30 would pose to our rights and our privacy.

I took an approach that, put simply, argued that if the minister felt strongly that he should know everything about us, perhaps we should know a little more about the man who wants unrestricted access to our information. To make the point further, everything I posted was from publicly available documents. If publicly available information could in its retelling be uncomfortable, imagine what could be done with one's private information.

Indeed, none of the information posted was secret or private. In fact, most of it had already been published in various media. Divorce details, for example, had been reported dozens of times. This was especially the case in 2008 when the minister was rumoured to be soliciting support for a judicial appointment.

The same day the bill was introduced, February 14, 2012, I assembled publicly available affidavits, a list of notable quotes, election overspending court documents, and proactive disclosure data. From my home I set up a Twitter account called Vikileaks with the address @vikileaks30, a direct reference to Bill C-30. I transcribed portions of the affidavits and other documents. From this list of brief quotes I made five postings that evening. The record of these postings will show that these were done in the evening, after work hours.

On February 15, 2012, I quickly and easily cut and pasted a few dozen more postings from my list. I concede that these were done at work. That evening, at home, I created a spreadsheet detailing expenses as well as details from Mr. Toews' election overspending conviction. Again, this was all publicly available information.

On February 16, 2012, I made approximately two dozen postings on Vikileaks.

It was also on that day that I received an email, which I later learned was from the Ottawa Citizen, fishing for my IP address. The next day, February 17, 2012, the Ottawa Citizen published its story on the IP addresses. It was clear that a witch hunt had begun.

Innocent people were needlessly and unfairly accused, including the NDP and a specific employee of the House of Commons. To avoid further harm to them and others, I shut down the account, but not before I made it clear that the wrong people were being targeted.

It was also on that day that the Speaker's office initiated an investigation, although no laws had been broken nor was there any evidence that any policies had been breached. In fact, there are plenty of examples of House of Commons IP addresses being used to edit Wikipedia pages, both to vandalize and to whitewash them. There are also numerous examples of House of Commons resources being used to attack the actions of other members of Parliament, but to my knowledge, the Speaker's office has never investigated those activities.

The irony is not lost on me that the Speaker of the House used his powers to trace my personal IP address and my personal online activity. This is precisely what the online spying bill will do to everybody.

Before I conclude, I want to thank my family, my friends, my lawyer Paul Champ, and the many Canadians who have reached out to me with their support. It has been a very difficult time for me personally, for reasons known and unknown. However, I want to point out again that all of the information I posted was from publicly available documents. Everything I did was perfectly legal. I take full responsibility for my actions.

Ultimately, I hope my experience prompts further awareness of the threats to our personal privacy and the critical importance of defending our freedoms and rights. Bill C-30 is not gone. The reaction of Canadians has forced this government to delay their plans, but the bill is still sitting on the table and will most likely be back. And when that day comes, I urge Canadians to stand up to this government and fight for our collective right to privacy.

Thank you, Mr. Chair.

April 3rd, 2012 / 11:20 a.m.
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NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

I have two minutes left. My understanding is that the YouTube video was posted as a reaction to what Mr. Toews said in the House regarding Bill C-30. He seemed to intone that a large number of Canadians were engaged in criminal activity because they used the Internet.

A lot of people reacted to that quite negatively. There was some fair comment that was done, and perhaps there were some comments that passed the line. I think in the particular case of this YouTube video, it passed the line.

I'm wondering, though, as a security threat to information systems, where is it? Where is the security threat?

Business of the HouseRoyal Assent

March 29th, 2012 / 3:15 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, as we all know, in a little more than 40 minutes, the Minister of Finance will table this year's budget and I am sure all members are looking forward to that event.

Economic action plan 2012 will be a very strong, low tax, low debt plan that will include measures to create and secure jobs, economic growth and, most important, long-term prosperity for all Canadians.

In recognition of how important this budget will be, we have decided that we will schedule debate to follow immediately on the four following days: Friday and Monday, Tuesday and Wednesday of next week.

There may not be the same level of suspense around this vote as in previous years, but on Wednesday, all members will have the opportunity to vote for jobs, growth and long-term prosperity and support our budget. Once the opposition has seen the budget, I am confident that their constituents will expect them to do just that.

On Thursday, we will continue debate on Bill S-4, the Safer Railways Act. If we have time, we will resume debate on Bill C-15, the Strengthening Military Justice in the Defence of Canada Act.

The opposition House leader had a long list of bills on which he inquired about their status. Insofar as our legislation to improve Canada's immigration and refugee system, that has been debated now some five days in this House and we look forward to it being debated further. It is a very important bill, not just for the strength of our immigration system but also for our economy. We will continue to take steps to ensure our immigration system meets the security, safety and economic needs of Canada.

In terms of Bill C-30, I think he is well familiar that it is our intention to have that debated and sent to committee before second reading and, in so doing, being able to allow a broad ambit for the committee to consider amendments of all types. I think that responds to the particular concerns that he raised on that.

In the case of Bill C-30, Bill C-4 and the immigration bill, we can see from the program I have read that there will not be an opportunity, barring some dramatic progress on other legislation on the final day, to deal with those bills before the Easter break, so we will have to wait until after that.

Business of the HouseRoyal Assent

March 29th, 2012 / 3:15 p.m.
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NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Mr. Speaker, before I go to the question, I have a point to make. As we know, we will have the budget later today. What we have seen repeatedly is a breach of the long-standing tradition of the Westminster Parliament of not putting out in advance information that is in the budget. However, we have seen it repeatedly done by the government, not just in this budget but in prior ones.

My first question for the government House leader is whether that will be a continued practice and, if it is, why do the Conservatives not just do away with the sham of any confidentiality around the budget.

My next question is this. Could the government House leader confirm which four days will be dedicated to debate the budget? We have had various indications from him. If he could, we would ask that he be more specific at this time, assuming that it will start tomorrow.

Also, the government should accept the fact, as expressed by all Canadians, that Bill C-31 would dismantle our immigration and refugee protection policies and that the minister obviously does not understand the impact of that legislation.

Can the hon. member opposite confirm that the government is dropping that bill, yes or no?

We also have Bill C-30 outstanding, which is the so-called lawful access bill. It was up for debate at some point but it seems to have disappeared off the radar, along with Bill C-4. Both of them are quite misguided pieces of legislation. I am wondering if the House leader can tell us if the government will go ahead with these bills or come to its senses and either send them back for rewriting or just drop them completely.

Finally, there is a motion, which all parties in this Parliament accepted, with regard to the voter suppression scandal and it calls on the government to rapidly look at amendments to various pieces of legislation that would prevent that type of scandal and abuse of the democratic process from happening in the future. Is the government proceeding with any legislation and, if so, when will we see it?