Bill C-30 (Historical)

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

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.

Response to the Supreme Court of Canada Decision in R. v. Tse Act

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I thank my colleague for his comment and his question.

In fact, he is absolutely right. The government says it wants a minimal state, to intervene as little as possible and let people do what they want. However, what it is doing is drafting bills that run completely counter to Conservative discourse and values. The government wants to be persnickety and impose more red tape and bureaucracy.

We saw this with Bill C-377, which also intrudes into the private lives of individuals. We saw it with Bill C-30, which gave the police forces a completely unlimited mandate so that they can go and see what people are doing, so that they can go into their computers and intrude into their private lives.

We know that there needs to be a balance between security and protection of private life. That is why the NDP supports the bill. However, the government is systematically going back on its promises and is even going against its own values and principles. Canadians are starting to realize this.

[Andrew Cash, NDP, Davenport, ON]

Mr. Speaker, over the last couple of years as we have been debating Bill C-30, it has been very clear that Canadians right across the country had very serious concerns about the intent and the reflex of the government with respect to protecting Canadians' privacy while pursuing criminals in the most expedient way possible.

Essentially it has taken the Supreme Court to put the government's back up against the wall in order to table this legislation. I am wondering if my hon. colleague would like to comment on the general reflex of the government around privacy issues.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I want to thank my colleagues for their moral support. I hope that my comments on Bill C-55 will stay on point. I would also have liked to hear my Conservative colleagues speak out about this important bill that their government has brought forward. Their silence today is deafening, aside from a few points of order that can be construed as attempts at badgering.

Fundamentally, the debate on Bill C-55 takes us back to the history of Bill C-30. Finally we have a Conservative government that has backed down and admitted the error of its ways, a government that has been forced to go back to the drawing board. This is not the first time the Conservative government has been taken to task, but it should happen more often. Unfortunately, we have a government that delights in improvising most of the time. It is guided by its ideology and completely blinded by certain libertarian or conservative principles, so much so that its actions are not guided by the facts, by science or by reality, but rather by personal views, as the justice minister pointed out.

Members may recall that Quebec’s justice minister had asked the federal justice minister some questions about a bill on minimum sentences for young offenders and in that instance, personal views had specifically come into play. In my opinion, Bill C-30 was also based on personal whims. It is a shame, really, because the privacy of our country’s citizens was threatened by the Conservative government, which adopted a very hostile attitude toward all those who dared call its bill into question.

Members may recall that the Conservative minister accused the opposition parties of siding with pedophiles simply because they criticized and opposed Bill C-30. Highly ideological stances like this adversely affect debate in Parliament as well as in our democracy.

It is important that I mention the employment insurance reform, which should have been based on impact studies illustrating the impact of the reform on a number of regions, on workers, and their families. It came to our attention that no impact studies were conducted. All’s well that ends well, however, when it comes to Bill C-30 because the bill was scrapped. This proves that when there is public outcry, and when people mobilize, the government can be forced to backtrack, even the Conservative government.

Let me come back to Bill C-55. It is fortunate that we still have courts in this country. It is fortunate that we have a Supreme Court of Canada to tell us which provisions need to be amended, because the Conservatives do not respect the Charter of Rights and Freedoms. I said this in my previous remarks. I also know full well that the private member's bill, Bill C-377, which is a direct attack on unions and workers’ associations, also appears likely to end up in court.

It is good that the courts are reviewing these Conservative bills as they are probably unconstitutional, invade privacy and violate the right to organize. It is fortunate that we still have courts in our society that force the government to amend legislation that is unconstitutional so that it complies with section 8 of the charter, for example, which is the case currently with Bill C-55.

We need to remember that the reason the bill is before us today is because a judge determined at trial that section 184.4—which is the section that is being amended—violated the right, guaranteed under section 8 of the charter, to be protected against frisking, searches, abusive seizure, and that it is not a reasonable limit under the first section.

Today, the situation is being addressed and our legislation is being amended to ensure that it is consistent with our values and principles as a society, which not only seeks to ensure the safety of its citizens, but also to protect their privacy.

In this debate, it is important to remember what section 184.4 of the Criminal Code is about. It reads:

A peace officer may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication where

(a) the peace officer believes on reasonable grounds that the urgency of the situation is such that an authorization could not, with reasonable diligence, be obtained under any other provision of this Part;

(b) the peace officer believes on reasonable grounds that such an interception is immediately necessary to prevent an unlawful act that would cause serious harm to any person or to property; and

(c) either the originator of the private communication or the person intended by the originator to receive it is the person who would perform the act that is likely to cause the harm or is the victim, or intended victim, of the harm.

It is important to know exactly what we are talking about but, for members of the NDP and most people of good faith, oversight and accountability mechanisms are also important. That is why the official opposition finds the provisions of section 195 and Bill C-55 acceptable; they give police officers less arbitrary power in certain situations.

In terms of public safety needs, we are aware that police officers must have these tools and access to them. However, such interception should not then be forgotten about. There must be follow up. That is why we are pleased to have these oversight mechanisms. We understand the concerns of those who were upset about the Conservative government's Bill C-30. This bill was a real attack on privacy given the authority it gave police to intrude on people's private lives.

We also must find a balance between the protection of privacy and the police forces' ability to do their work and maintain public safety. This balance has to exist even when the police are wiretapping and intercepting communications in order to protect the physical integrity of our constituents and prevent people from committing wrongdoings that could endanger the lives and safety of Quebeckers and Canadians.

It is all a balancing act. For once, we must admit that the bill before us is reasonable and balanced. I do want to reiterate that it was the court that twisted the government's arm and forced it to make changes. There is a deadline. Today we are debating this bill because we no longer have the choice. The court said that we had to resolve this issue by the beginning of April. We are lucky to even have this.

I would like to quote some testimony from committee. It demonstrates how the New Democratic Party feels. On March 6, 2013, Raji Mangat, the counsel for the British Columbia Civil Liberties Association, said the following at the Standing Committee on Justice and Human Rights:

...the BCCLA [her organization] is pleased to see that Bill C-55 will limit the use of section 184.4 to police officers. This is in our view a sensible and necessary amendment that supports the rationale behind the provision, to provide a means by which law enforcement can prevent serious and imminent harm on an urgent basis.

On that note, the BCCLA is also pleased that Bill C-55 limits the application of warrantless wiretapping to circumstances in which the goal is to prevent the commission of an offence. The addition of a notice requirement to individuals who have been subjected to warrrantless wiretapping brings section 184.4 in line with other provisions in the Criminal Code. The notice requirement provides transparency and serves as an essential check on this extraordinary power to intercept communications without judicial authorization.

The reporting requirement in Bill C-55 is also a welcome amendment, as it will enhance police accountability. Together, the notice and reporting requirements bolster accountability and oversight in the use of warrantless wiretapping, and the BCCLA [her organization] supports amendments to gather more data.

If I may, I would like to digress and speak about safety, particularly the safety of people in Rosemont—La Petite-Patrie when it comes to the railways and pedestrian crosswalks. It is important to have measures that encourage active transportation so that people can safely cross the railways we have in Montreal. I support all the groups and elected officials who are lobbying for this. It is important for improving the quality of life of the people of Rosemont—La Petite-Patrie.

[Marc-André Morin, NDP, Laurentides—Labelle, QC]

Mr. Speaker, clearly Bill C-30 was a nightmare for people. People were wondering who the bill could have targeted. In truth, just about anyone could have been targeted, from political opponents to environmentalists.

When someone acquires a weapon, usually they have a potential victim or target in mind. When such a destructive weapon is acquired, there is good reason to be worried about who the potential target might be.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I agree with my colleague from Laurentides—Labelle: I believe there was a translation problem.

However, the people in this House also need to be aware that a Conservative government minister is accusing the official opposition of siding with pedophiles. I am not sure that is parliamentary language either.

I would also like to hear my colleague from Laurentides—Labelle talk about the Conservative government's wish to invade people's lives through Bill C-30, which was fortunately scrapped because it ran entirely counter to Canadian and Quebec values and to the Canadian Charter of Rights and Freedoms.

The Conservatives are doing the same thing with Bill C-377, under which they would compel labour organizations to provide information concerning them.

What does my colleague have to say about the Conservative government's desire to invade people's privacy?

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, I listened very carefully to my colleague. I would also like to correct what my colleague opposite said. My colleague has always talked about the process the bill had to go through to get here, about the reason why we have reached third reading of that bill and about the fact that the government took so long. I very much respect your decision, Mr. Speaker.

I have a question for my colleague. Before Bill C-55 got here, the government spent a great deal of time drafting Bill C-30 and demonizing all those who opposed that bill.

The Conservatives subsequently admitted their mistake, reversed course and drafted Bill C-55 at the last minute. That bill is nevertheless a step in the right direction, since it is consistent with what the Supreme Court requested. I would like my colleague to comment on the process the government used to table Bill C-30.

[Pierre-Luc Dusseault, NDP, Sherbrooke, QC]

Mr. Speaker, I thank my colleague from Brome—Missisquoi for his speech.

I would like to ask him a very simple question. I know that he has a legal background and training, and I believe he is still a member of the Barreau du Québec. I would like to know why it is important that laws presented to Parliament comply with the charter and that they first pass the test of the justice department's officials.

Why is it important for parliamentarians to be assured that the legislation they debate respects the Canadian Charter of Rights and Freedoms, in view of the fact that Bill C-30 was introduced in the House and that Bill C-55 is the response to an unconstitutional provision of an existing law, namely section 184.4 of the Criminal Code?

Why is it important for our laws to respect the Canadian Charter of Rights and Freedoms? That is my question for my colleague.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Mr. Speaker, I listened with interest to my hon. colleague, and what struck me was the fact that within Parliament it is the role of parliamentarians of all parties to work toward the development of good legislation and legislation that will stand a test in the courts.

Unfortunately, the government has time and time again ignored input from the other parties and also tried to defy the courts. With Bill C-30, the Conservatives were completely slapped back because it was such an intrusive, invasive attack on the basic civil liberties of law-abiding Canadians. We see with Bill C-55 that the Conservatives have gone for a much narrower range in terms of legislation that would actually pass the charter test.

Does my hon. colleague not think that the Conservatives would have been wiser, and may be wiser in future, if they actually learned the lesson that at the end of the day they are not supreme in this land, that it is still the Supreme Court, that they still have to work with other organizations and other parties to ensure that legislation would be to the benefit of all and not just for their attack ads?

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, I thank my hon. colleague for his speech.

Since he is a member of the Standing Committee on Justice and Human Rights, I would like to ask him a question about how the government has proceeded with other bills, including Bill C-30, for example.

How has the government proceeded and what could be done to improve this aspect? The opposition has proposed concrete solutions. I wonder if my colleague could talk about what this government could do better.

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

Mr. Speaker, I am very pleased to take part in the debate on Bill C-55.

First of all, I want to thank my colleague, the member for Gatineau and official opposition justice critic, as well as all of my colleagues, in particular the members for Brossard—La Prairie and Hamilton East—Stoney Creek, who have been working diligently to bring these matters forward.

I want to start by saying that we support this bill because we have the public good at heart. Respect for privacy, accountability, proper oversight, the rule of law and respect for the Constitution and the charter are extremely important to us.

The member for Hamilton East—Stoney Creek noted that the government has moved time allocation close to 30 times. Time allocation is not used in committee, but causes that we espouse are systematically rejected along with many amendments that we bring forward. A climate of co-operation does not usually prevail.

Things were different this time as far as co-operation goes. However, the government had a knife to its throat, so to speak, because of the looming April 13 deadline. In R. v. Tse, the Supreme Court directed the government to provide safeguards related to the authority to intercept communications. The Court declared that interceptions made under section 184.4 without a prior court authorization were unconstitutional.

The bill requires the Minister of Public Safety and the attorney general of each province to report on the interceptions of private communications made under section 184.4. It furthers provides that any person who has been the object of such an interception must be notified of the interception within a specified period. It narrows the class of individuals who can make such an interception and limits those interceptions to offences listed in section 183 of the Criminal Code.

I would remind the House that this new Bill C-55 is simply an updated version of wiretapping provisions that the Supreme Court deemed unconstitutional. New privacy safeguards have been put in place. We believe the bill meets the standards in this area.

The Conservatives have a less-than-stellar record when it comes to privacy. That is why we took steps to ensure that this bill respected as much as possible the rule of law, the Constitution and the Canadian Charter of Rights and Freedoms.

This bill comes on the heels of the Conservatives’ abject failure with Bill C-30. This piece of legislation failed to meet the charter test because it was not properly crafted.

The Conservative government is making a desperate attempt to comply by the April 13, 2013 deadline with the Supreme Court decision in R. v. Tse.

Section 184.4 of the Criminal Code provides for safeguards, notifications and reports. Firstly it would require that a person whose private communications have been intercepted in situations of imminent harm be notified within 90 days. Secondly, it would require that annual reports be produced on the use of wiretapping under section 184.4. These amendments would limit the authority of police officers to use these provisions and would limit interceptions to offences listed in section 183 of the Criminal Code.

The problem is that the current section 184.4 violates section 8 of the charter. Not enough thought went into it. It does not contain accountability measures to ensure proper oversight of police officers as they exercise the authority conferred upon them.

The court therefore called for some accountability measures which were introduced in Bill C-55. Among other things, this is the reason why we support this legislation.

I would now like to turn my attention to the prior notification requirement. The bill also requires that persons who are the object of interceptions be notified. Section 195 also makes it a requirement to report to Parliament, including producing reports on the use of interceptions under section 184.4 of the Criminal Code.

For all of these reasons, we will be voting in favour of the bill because it attempts to strike a balance between personal freedoms and public safety considerations. However, the question is why it took the government so long to act. Bill C-55 is a step in the right direction, but why is the government not working together with the opposition at all times to resolve problems and improve proposed legislation?

Where justice is concerned, our priority is ensuring respect for the rule of law, for Canada’s Constitution and for the Charter of Rights and Freedoms, not for any political agenda.

Michael Spratt from the Criminal Lawyers' Association testified in committee in March 2011. He supported this bill. He felt that it was fair and constitutional and did an admirable job of incorporating the Supreme Court of Canada's comments from R. v. Tse. Mr. Spratt confirmed that the recurring theme is the balance between the protection of the public and the protection of privacy.

The Canadian Bar Association submission to the Standing Committee on Justice and Human Rights also indicated that, overall, the CBA is in favour of the amendments the bill proposes to comply with the ruling in R. v. Tse.

A representative of the British Columbia Civil Liberties Association, Raji Mangat, also said that this is a sensible and necessary privacy bill. She is pleased that Bill C-55 limits the application of warrantless wiretapping to circumstances in which the goal is to prevent the commission of an offence.

The notice requirement provides transparency and serves as an essential check on this extraordinary power to intercept communications without judicial authorization. This bill also includes reporting requirements in order to increase oversight in the use of warrantless wiretapping by police.

For all of these reasons, we agree with the committee witnesses that this remedies the problem. The government missed the mark with Bill C-30, but has made the necessary changes.

I am wondering about something and I will end on that note. Why does the government not work with our committee to improve other bills? The government should not just work with the opposition only when the Supreme Court puts a knife to its throat. The government must work with the opposition in the months and years to come. This would be a win-win situation for Canadians, as well as in terms of the rule of law and respect for the Canadian Constitution and the Canadian Charter of Rights and Freedoms.

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, I wish to thank my hon. colleague, whom I have the pleasure of working with on the Standing Committee on Justice and Human Rights.

My colleague, our party's official justice critic, raised all of our concerns related to how this government acts when it comes to bills, which quite often violate the charter. In this case, my colleague had moved a motion specifically in order to avoid situations like Bill C-30.

I wonder if my colleague could talk about the advantages of having a system in place and how important it is that MPs understand this system, in order to ensure that all bills comply with the charter.

[Libby Davies, NDP, Vancouver East, BC]

Mr. Speaker, I would like to thank the member for Hamilton East—Stoney Creek for his very good overview of this bill, Bill C-55, particularly the context in which this bill came forward.

I guess the comment and the question I have is that it is really shocking to me that the original bill, Bill C-30, which was brought forward in the House, finally had to be withdrawn because of the massive opposition, both in the House from us, the NDP, and also out in the broader community. People across the country rallied against that bill. It was commonly known as “spying on the Internet”. It was a bill that was way over the top and, of course, we all recall the remarks from the Minister of Public Safety at that time.

To me, the bill that is before us today serves as a very good example of why an opposition, and Parliament itself, is so important. If we had not been here, that original bill would have been rammed through by the government. It did everything it could to try to put pressure to put the bill forward. However, because of the massive public reaction, the government had to finally stand down.

I wonder if the member would comment on that. To me, it serves as an example of what the role of this Parliament, and the opposition, is all about.

[Wayne Marston, NDP, Hamilton East—Stoney Creek, ON]

Mr. Speaker, I appreciate the opportunity to rise today. I will be sharing my time with the hon. member for Brome—Missisquoi. I know the member well because I serve on two committees with him.

I am very pleased to speak again in the House on the NDP's views on this piece of legislation, Bill C-55. It would amend the Criminal Code in response to the Supreme Court ruling referenced several times here this morning in previous speeches.

The point that has to be reiterated is that this is all coming about with a very few days remaining to meet the deadline that was provided to the House by the Supreme Court. It stayed a decision for a year to give the government the opportunity to bring forward an improvement to legislation that is much needed. We have supported this legislation throughout the process, although we found the process daunting because of the delay that took place in getting it here. We supported the government because it is an important tool for our police services in this country.

However, on the counter side of that, it is very important for the official opposition to look cautiously at any legislation that authorizes people to look into people's lives in the manner that this would. This enactment seeks to amend Canada's Criminal Code, and the Supreme Court ruling talked about the need for safeguards for Canadians, because this allows for authorized, and I want to stress the word “authorized”, interception of private communications, done prior to judicial authorization as foreseen in section 184.4 of the act.

It is worth noting that the enactment states that it:

requires the Minister of Public Safety and Emergency Preparedness and the Attorney General of each province to report on the interceptions of private communications made under section 184.4;

and

provides that a person who has been the object of such interception must be notified...within a specified period;...

The assumption is that those persons have not been found to be taking part in any criminal activity, and thus they have every right to be informed; and if they were involved with criminal activity and are part of an ongoing investigation, there could be an extension.

It narrowed the class of individuals who could actually make such interceptions, and those limited interceptions to particular offences are listed.

I was speaking a few moments ago about the fact that we are within three weeks of a deadline supplied to us by the Supreme Court. There was the benefit of a year from the Supreme Court to act on this, and the government has not done so until the very last minute. I have to question what the delay is. Why did it take close to a year for the government to respond to this? This was not a great difficulty, from the standpoint that the Supreme Court identified the areas in which the government had to make changes.

I would go so far as to say that when any government or any party in government looks to put forward legislation, a significant part of the process is debate in this place. Another significant part is the opportunity for all parties to come together, which we did in the instance of Bill C-55 at committee, to look at it, to hear witness testimony, to do those things necessary to offer any piece of legislation the due diligence necessary to make it as good as we possibly could. That is the concern over the timeframe, the concern over the fact that we had a couple of days to try to do things that could have well extended beyond, had we brought in more witnesses. It is troubling because that impedes the due diligence we have to administer on behalf of those people who sent us to this place.

I tend to repeat myself in my remarks, because that troubled me to the degree that I felt it was worth repeating.

There have been other times in this place that the opportunity to debate and to consider various bills has been impeded. I would ask how many times the Conservative government has moved time allocation on bills. It is not the delay just in this particular bill, but in other bills. We must be closing in on 30 times that it has occurred in this Parliament. It has to be close to that by now. I hear other members agreeing.

We have seen budget bills and other legislation affecting services, which Canadians rely on, shut down or extremely limited by the Conservatives, at what appears to be almost every opportunity. It stifles the opportunity for us to make those bills better. It stifles the opportunity we have as members to point out what they have done well and what they have done not up to the standards Canadians expect. We get to do that in this public forum. That has been curtailed too many times.

Once again, that is part of my concern with this bill, Bill C-55, and how it got to committee after such a delay. It has the potential of impacting ordinary Canadians in a very negative way if the protections of which the Supreme Court has spoken to us were not put into place.

Bill C-55 is simply an updated version of wiretapping provisions the Supreme Court previously deemed unconstitutional. That is quite a statement when we think about it. Fortunately again for the House, the Supreme Court set the parameters of what it saw as the need to protect Canadians' rights.

I have to say that Canadians have good reason to be concerned about privacy legislation that comes out of the government. To date the government has not had what I see as a good record in that area. It is not encouraging at all.

There is an obligation on the official opposition to work for the public good in upholding the rule of law, our Constitution and the Canadian Charter of Rights and Freedoms. It was in February 2012 that the Conservative government tabled Bill C-30. Members will recall that gave authorities the power to access personal information in a way to which the Supreme Court responded.

It raised very serious concerns across the country, as I recall, about personal privacy and fundamental rights. That was due to the manner in which it was constructed and the powers it was seeking to give out. I will add that it was kind of a compilation of previous bills that have been before this House, Bill C-50, Bill C-51 and Bill C-52 from a previous parliamentary session. The Conservatives were attempting to build on the original legislation from 1999 to provide public safety authorities with extensive surveillance powers over digital information. As I said a moment ago, there was a significant backlash from the people of Canada in regard to this.

Now we have the government with these much-needed changes, I will commend the government. It reached across to us in the committee. We did work better on that bill than we did on some others in the past. If we did not meet the deadline or the provisions required by the Supreme Court, then these emergency powers would be thrown out.

I began my remarks talking about the need for police officials of our country to apply these. In this particular case, these provisions are intended to happen at the worst possible time, when somebody is under physical threat of injury or harm. It was important for us to go a little deeper into it.

I am looking for what really needs to be summarized here, and that is the fact that our role is to ensure that the privacy rights of Canadians are balanced with the police officials' needs to investigate, particularly in a time where someone is under the threat of physical harm. I have to say that, working together, I believe we accomplished that. Thus, we will be supporting this bill.

[Charmaine Borg, NDP, Terrebonne—Blainville, QC]

Mr. Speaker, we know this government has very little respect for privacy. We have seen this in the speeches made by my colleagues here, and in the bills this government has introduced. We also see that it has little respect for the provisions of the Canadian Charter of Rights and Freedoms, the rights and freedoms that are guaranteed to Canadians. From time to time, it introduces bills that are at odds with the Constitution.

I am very happy that this time, it decided to comply with the provisions of the charter and amend the Criminal Code so that section 184.4 protects individuals’ privacy, as guaranteed by the charter.

We know that section 184.4 applies to the interception of private communications, and the Supreme Court recently ruled on this subject. Bill C-55 adds measures that would require persons whose private communications have been intercepted to be so informed at least 90 days after the interception, and reports to be produced annually.

These measures are essential. The fact is that when you take away the need to obtain a warrant in order to intercept private communications in extreme situations where a life is in danger, it is important that there be oversight, with a system in place so that we know what happened and why someone found it so important to intercept those private communications without a warrant.

The NDP understands how important it is for the police to have the tools to respond appropriately in dangerous situations, but at the same time, we cannot neglect the rights entrenched in the charter. Even in cases involving criminals, even in extreme cases, we have to respect the law as it stands. We have to respect the principles of Canadian law, the Canadian Charter of Rights and Freedoms and the Constitution. It is essential.

While I am happy that this government is finally respecting the Canadian Charter of Rights and Freedoms in adopting these measures, I should emphasize that this government, given the espionage agenda we saw with Bill C-30 and with Bill C-12, amended this bill to make it consistent with the charter only after being compelled to do so by a Supreme Court justice. So this was not something it decided to do on its own; it was an obligation flowing from the Supreme Court decision. If this government truly had the interests of Canadians at heart, it would have done this itself, instead of waiting for the Supreme Court to rule on the matter.

It should also be noted that this bill was introduced as the government was announcing the death of Bill C-30, which enabled designated persons, who were none too clearly defined, to gain access to personal information without a warrant and without judicial oversight.

Once again, this government tried to go after personal information, and to treat all law-abiding Canadians as criminals, with no warrant or judicial oversight. If this government wanted to, it would have said that it is important, when looking for information without a warrant, to have a reporting mechanism or something of the kind, so that people are accountable, that personal information is sought only in extreme cases, and that law-abiding people are not treated as criminals, in contrast to what Bill C-30 proposed.

While Bill C-55, following the Supreme Court decision, ensures respect for section 8 of the Canadian Charter of Rights and Freedoms when private communications are intercepted, Bill C-30 introduced measures that were inconsistent with the right we are guaranteed under section 8 of the Canadian Charter of Rights and Freedoms to be protected against unreasonable search or seizure.

There were two bills. The first was withdrawn, and I am very happy about that. Canadians are also very happy that the government decided not to continue with Bill C-30. The second bill says that Bill C-30 was inconsistent with the Canadian Charter of Rights and Freedoms. I hope the government will realize to what extent its own bill, its espionage agenda—I am going to call it that because this is not the first time we have seen attempts of this kind—seriously affected the protections Canadians are guaranteed under the Canadian Charter of Rights and Freedoms.

The people of Canada were opposed to the measures contained in Bill C-30. The government accused its opponents of siding with pedophiles. I was myself accused of being a friend to pedophiles because I opposed that bill, like millions of Canadians right across the country. It has nothing to do with being friends to pedophiles, and everything to do with believing in the protection of Charter rights and in the content of our Constitution. It is absolutely essential to protect the provision set out in section 8 of the charter. We cannot go against it, and the Supreme Court judgment demonstrates that.

If Bill C-30 had been passed, it would have empowered designated persons, again not specified, and selected by the minister, to require Internet service providers to supply names, IP addresses and email addresses without a warrant and without judicial oversight. The Supreme Court decision demonstrates the necessity at all costs of protecting the privacy of Canadians, and shows that the rights and freedoms guaranteed by the charter are not negotiable, contrary to what this government thinks. I trust it has learned its lesson.

I mentioned this already, and I would like to say it again. It seems that a little more reflection is needed on this. The government introduced Bill C-12, which still has not been debated, but which also contains measures regarding surveillance without a warrant. Instead of explicitly saying that it would allow the collection of personal information without a warrant, this bill expands the definition of people who have access to that information and who can consult Internet service providers, based on a vague, sketchy definition. The Privacy Commissioner even raised some concerns about that clause, which was included in the bill.

The mandate for online spying that the government has given itself is not finished. I hope the government has learned its lesson and that, in light of the Supreme Court decision regarding the proposal in Bill C-55, it will drop any attempts to spy on Canadians online, when they are obeying the law.

I want to emphasize that the government cannot cast such a wide net and treat all Canadians like criminals when they are online. Of course, there are criminals and people who disobey the law, and it is important that police officers have the tools they need to intervene. That said, the government cannot contravene the charter. It must respect all rights and liberties guaranteed in the charter.

Once again, I really hope the government has learned its lesson and that it will scrap its plan to spy on people online.

[Matthew Kellway, NDP, Beaches—East York, ON]

Mr. Speaker, I thank my colleague from Timmins—James Bay for his struggle on behalf of Canadians and their interest in their privacy rights, in particular with respect to the bills he mentioned, Bill C-12 and Bill C-30.

I cannot speculate on why the government has such callous and obvious disregard for the privacy rights of Canadians. I cannot account for the zealotry of the minister himself and, perhaps as my colleague suggested, the PMO, nor the disregard for the charter, the Canadian Bill of Rights and the other legislation that, frankly, obligates the government to bring forward legislation to the House only after it has been vetted for conformity with the charter.

There is obviously a trend here. I reflect on past speeches I have given and all of these issues ultimately go to accountability. Bill C-42 had the opportunity to provide the House with oversight of the RCMP, and the Conservatives ignored that. They go to Senate omnibus bills and so on and so forth.