Bill C-55 (Historical)

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

An Act to amend the Criminal Code

This enactment amends the Criminal Code to provide, in response to the Supreme Court’s decision in R. v. Tse, safeguards related to the authority to intercept private communications without prior judicial authorization under section 184.4 of that Act. Notably, the enactment
(a) 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;
(b) provides that a person who has been the object of such an interception must be notified of the interception within a specified period;
(c) narrows the class of individuals who can make such an interception; and
(d) limits those interceptions to offences listed in section 183 of the Criminal Code.

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

[Alice Wong, Conservative, Richmond, BC]

moved that Bill C-55, An Act to amend the Criminal Code, be read the third time and passed.

Nuclear Terrorism Act

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I thank my hon. colleague for her excellent speech. We have a much better understanding of the scope and importance of this bill, which will finally allow us to sign these international agreements. They should have been signed years ago. This is a good start.

I find it astounding that this bill comes from the Senate. Where was the government all this time? What was it doing? Why did it wait so long, especially since this affects the safety of all Canadians? Thus, it is really important.

This morning someone mentioned an important problem with Bill C-55 and the fact that the Conservative government did not make sure it was complying with the Charter and the Constitution before introducing a bill. In this case, the government made the Senate do the work that it should have done.

I would rather talk about the process of this bill, rather than the essence of the bill. I agree that this bill is very relevant and useful. However, why did it take so long? Why did the Senate have to do all the work? What is the government doing?

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

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I realize the House appears to be ready for the question, and I will keep my remarks relatively short.

We recognize that Bill C-55 is an interesting bill. I did have the opportunity to speak to it at second reading. It is important we recognize, especially when we look at what has been debated, the whole issue of the Supreme Court and the role it plays and what happens inside the House.

I thought maybe what I would do is reflect a bit on why we have Bill C-55 before us today. Many would argue that we would have to go back to a Supreme Court decision that was made back in April of last year. It was pointed out at that time that section 184.4 was unconstitutional, it infringed upon the rights of particular individuals or had the potential to infringe upon the rights of individuals. It essence, it demanded that the Government of Canada make amendments to the legislation that would allow for things such as due diligence or a better sense of accountability and a better time frame when wiretapping was used.

In listening to the speeches on this, one could easily conclude that it was the Supreme Court of Canada that raised or profiled the issue and as a result of that we now have to make the change. In fact, this is something we have known about for a while now. People could talk about Bill C-31, which was actually introduced back in May 2009. I was not around at the time, but many members were.

That is when the Prime Minister prorogued the House, thereby collapsing and killing the entire legislative agenda. That included Bill C-31. One could talk about Bill C-50. More recent, one could have talked about Bill C-30, another attempt by the government to deal with this issue.

We can recall what took place last year in regard to Bill C-30, and the public outcry that became very apparent because the government had gone too far in terms of politicization and the manner in which it was trying to get into computers, or websites or Internet hookups. The public reacted quickly on the issue.

Ultimately, at the end of the day, the government put its legislation, Bill C-30, on hold, even though there were components in the bill, such as what we are talking about today, that really did need to be addressed. The government had gone somewhat, and I am putting it conservatively, overboard on the legislation. As the result, one could argue, and I would be one of those individuals, that the government has lost an opportunity to deal with other types of crimes that take place.

We talk about the Internet and child exploitation. There is a need for government to do more on that front, but at the end of the day the bill was stopped in its tracks because of the manner it was introduced and the degree to which it would invade the privacy of individuals who wanted to ensure that their rights were protected. As a result, that bill was on hold.

We waited and we waited, as I pointed out. We did not have to wait for the Supreme Court to make a decision, but in essence that is what it has taken for us to see Bill C-55 today. When the minister brought it forward for second reading, I posed the question as to why it took so long to bring forward Bill C-55.

In short, Bill C-55 was deemed necessary because of the government's failure to bring in the appropriate legislation in a more timely fashion. Because it went overboard on other pieces of legislation, it ultimately prevented the need we have today to have it passed. Therefore, the government had to bring in another piece of legislation, which is Bill C-55.

I have two very important quotes that came from the court in the Tse decision.

The first states:

Section 184.4 recognizes that on occasion, the privacy interests of some may have to yield temporarily for the greater good of society — here, the protection of lives and property from harm that is both serious and imminent.

I continue to quote from the court in the Tse decision, which states

Section 184.4 contains a number of legislative conditions. Properly construed, these conditions are designed to ensure that the power to intercept private communications without judicial authorization is available only in exigent circumstances to prevent serious harm. To that extent, the section strikes an appropriate balance between an individual’s s. 8 Charter rights and society’s interests in preventing serious harm.

This case, which was brought to the Supreme Court, was an appeal by the Crown of the finding of a trial judge that section 184.4 in its current form did in fact violate the charter. As a result, we have the legislation before us.

It is important for us to make note of what the legislation would do in a very real and tangible way. As has been made reference to, it would narrow the scope in terms of individuals who would be able to act on it. For example, the previous legislation allowed a peace office, which would include mayors of local municipalities, to intercept communications. This bill narrows that to say it has to be a police officer.

There is general consensus that police officers are well trained to meet many different needs. One would argue they have an excellent understanding of where and when it would be most appropriate to use this special wiretapping measure.

We could talk about the types of cases that might occur. When someone's life is in danger or there is a kidnapping, there is an argument to be made that if the time required to request authority from a judge to acquire a warrant for this measure puts into jeopardy someone's life, these are exceptional circumstances which would not require a warrant. Under this legislation, a designated police officer would have the authority to allow wiretapping to take place.

The other thing that is fairly significant is it would allow for more accountability. When individuals, provinces or jurisdictions use this method, there is an annual reporting mechanism to report back to the House. We see that as a good accountability aspect.

The time has expired, and we will be looking at passing the bill.

The House resumed consideration of Bill C-55, An Act to amend the Criminal Code, as reported (without amendment) from the committee, and of the motions in Group No. 1.

Motions in Amendment

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, I enjoyed listening to my colleague's speech.

Indeed, the members of the committee carried out an extremely serious review of Bill C-55 since it has to do with intrusion into privacy. It is clearly an extremely important issue.

It is a tad ironic that, under normal circumstances, the government should have conducted this kind of review before being forced by the Supreme Court of Canada to do so. Since this morning, I have said again and again that the reason Bill C-55 is before us is because the Supreme Court of Canada gave the government a grace period of one year to amend section 184.4 of the Criminal Code, which is unconstitutional.

Section 4.1 of the Department of Justice Act obligates the Minister of Justice to carry out such an exercise before introducing any government legislation, so someone, somewhere, dropped the ball.

My colleague is right to say that public pressure played a big role. Having said that, the bill complies with the Supreme Court decision.

My time has run out and I am not sure that my colleague will have the time to respond. The court, therefore, forced the government to act. Unfortunately, that seems to be too frequently the case.

[Mylène Freeman, NDP, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, first of all, today's discussion on Bill C-55 gives me another opportunity to congratulate the government for scrapping its ridiculous Bill C-30. The infamous Bill C-30 claimed to solve all the world's problems, but it showed that the Conservatives are unable to come up with a well-thought-out policy. It has now been replaced by the much more balanced Bill C-55.

The NDP feels that Bill C-55 is a suitable response to the court's demands, because it:

(a) 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;

(b) provides that a person who has been the object of such an interception must be notified of the interception within a specified period;

(c) narrows the class of individuals who can make such an interception; and

(d) limits those interceptions to offences listed in section 183 of the Criminal Code.

Of course, we in the NDP support this bill. However, I would like to point out a couple of things to this House. First of all, the Conservatives are forcing us to pass this bill in record time because the Supreme Court gave them until April 13 to amend the legislation. Yet the Supreme Court issued that request a year ago. So why did the minister wait until 20 sitting days before the Supreme Court's deadline to introduce the bill? That is not the most responsible way to treat such an important bill, nor is it a responsible way to govern.

Once again, the Conservatives are clearly trying to do whatever they can to project an image of competence and rational planning, but what we are really seeing in this House is the exact opposite.

The press release on this bill issued by the Minister of Justice states that, “the introduction of this legislation is part of the government’s plan for safe streets and communities....”

The Conservatives must really take Canadians for fools. Everyone knows that this bill is the result of a request from the Supreme Court. They did not really have a choice, and this is not the result of government policy. In fact, the government revealed its policy in Bill C-30, which was not at all what Canadians wanted, and the government had to back down.

It is nice to see that a good plan has been put forward, since the previous plan was so flawed.

In addition, the minister has the audacity to ask for our unconditional support of this bill.

I am sorry, but I am proud to say that my NDP colleagues and I will never give our unconditional support to a bill without thoroughly studying it first. We know just how irresponsible this government can be and we have seen its lack of respect for laws and justice. We also know that it is not very good at prior consultation.

Contrary to this government's irresponsible attitude, the NDP always wants to study anything, like this bill, that will have an impact on society, unlike the minister who views the formalities and procedures for complying with the Constitution and charter as luxuries. The NDP and I are aware of the public's concerns about wiretapping. We understand that very well, given that this government bases its position on vengeance and punishment rather than on justice.

After a rigorous study, we believe that this bill complies with the Supreme Court's decision. It even goes beyond that and strikes a genuine balance between personal freedom and public safety. This is a refreshing finding, particularly when we see how the Conservatives improvise here in the House from day to day. So this is a breath of fresh air, and the result of everything the public has done to combat Bill C-30. That was utterly incredible.

This also shows that, when the public mobilizes, it can force the government to do its job right.

The power to wiretap in emergencies is important for police officers. That is an undeniable fact. However, it is also true that these kinds of measures must be subject to an oversight and accountability mechanism.

Some Conservatives indiscriminately accuse us of trying to block the bill. I would like to remind them that the NDP submitted no amendments to this bill in committee because it was well drafted. The process was diligently followed. We examined the bill and we realized that the work had been well done and that no corrections had to be made. A number of amendments should normally be brought forward to make a bill acceptable from both political and constitutional standpoints. We in the House are often unsure whether bills are lawful.

In conclusion, although we deplore the way in which the debate was disrupted, the NDP has ensured that Bill C-55 respects, as far as possible, the rule of law, the Constitution and the Canadian Charter of Rights and Freedoms. The NDP will therefore support the bill.

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, as we know, Bill C-55 is of great interest to me, particularly because it reveals and illustrates the extent of the Conservative government’s failure. The government always wants to move too quickly without showing any concern for our country’s most democratic and most important documents, the Canadian Charter of Rights and Freedoms and the Constitution.

On this topic, I would like my hon. colleague to explain how the failure of Bill C-30 and the recent introduction of Bill C-55 show that it is important, when drafting a bill, to take the time to ensure that it is consistent with the Canadian Charter of Rights and Freedoms and Canada's Constitution.

The fact that the Conservative government wanted to do everything in its power to push through Bill C-30, even though it respected neither the substance nor the spirit of the charter, is indicative of the government's lack of interest in and sensitivity to the importance of Canadian institutions.

That is the question I would like to ask my hon. colleague, particularly in view of omnibus bills like C-38 and C-45, which were put together very quickly and did not comply with the prescribed time limits.

[Anne-Marie Day, NDP, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, the hon. member is completely correct about what she just alluded to.

What I fail to understand is that we have a charter and it is very easy to check whether a bill is unconstitutional before introducing it and moving on. There are people who can check this out from a legislative standpoint.

I cannot understand why it took two bills, Bill C-30 and Bill C-55, to achieve this result and for people being wiretapped to be protected, like our system.

[Anne-Marie Day, NDP, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, I am delighted to take part in the debate on C-55, An Act to amend the Criminal Code, in response to the decision of the Supreme Court of Canada in R. v. Tse.

As many of my colleagues pointed out during the previous debate, Bill C-55 is, I believe, a fair legislative measure that strikes a balance between protecting people’s privacy and preserving public safety.

The bill now before us at report stage amends the Criminal Code to provide safeguards related to the authority to intercept private communications without prior judicial authorization under section 184.4 of the Criminal Code.

Among other things, the bill would require 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. It also provides that a person who has been the object of such an interception must be notified within 90 days. Lastly, 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.

In the decision in R. v. Tse, the Supreme Court of Canada found that a wiretap authority without a court authorization in situations of imminent harm could be justified under the Canadian Charter of Rights and Freedoms. However, the court declared that section 184.4 of the Criminal Code, which was enacted in 1993, was unconstitutional because it contained no accountability measures.

Specifically, the court found that section 184.4 of the Criminal Code violated section 8 of the charter because it did not contain a safeguard such as the requirement to notify persons whose private communications had been intercepted. The court therefore asked Parliament to adopt the necessary legislative measures to make this provision constitutionally compliant. The court gave Parliament until April 13, 2013 to amend the provision in question.

Therefore, I am delighted to attest to the government’s efforts to comply with the court’s decision by bringing forward the requested safeguards within the prescribed time frame. The Criminal Code amendments that are being debated today will therefore directly respond to the guidance from the court by adding the safeguards of “notification” and “reporting” for section 184.4.

As I mentioned earlier, this amendment appears to achieve a reasonable balance between respect for Canadians' privacy and the security that the state must provide through its laws.

The bill proposes giving notice within 90 days to a person whose private communications were intercepted in a situation of imminent harm. It also requires the preparation of annual reports on the use of wiretaps under section 184.4. These amendments will also limit police authority to use this provision.

Like the experts who shared their views with the committee, I am of the opinion that the bill strengthens public safety while clearly limiting invasions of privacy. It also sets out a very strict framework for the use of wiretapping methods under section 184.4 and the related accountability.

The NDP believes it is absolutely essential that these investigation measures include oversight and accountability mechanisms that are clear and specific. We also have deep faith in our judicial institutions. The Supreme Court of Canada ruled in the interests of all Canadians, and it goes without saying that Parliament must comply with the ruling that was made according to our Constitution and the Canadian Charter of Rights and Freedoms. These are the very foundations of our democracy and we must respect them.

I join with my hon. colleagues in supporting this bill, responding as it does to a need in our society. In light of all the evidence heard in the House and in committee, there is no doubt that the proposed text is a fair compromise that reflects the expert opinions heard during the drafting and consideration of the bill.

Canadians have the right to be protected in extremely serious situations, such as abductions, bombings or other similar incidents. They also have the right to be protected from abuse by a poorly thought-out legal system, which may cause them harm.

The only thing I would like to point out is the fact that the government waited until the last minute to comply with the court's decision, when the official opposition has been calling for these changes for some time.

We all know that certain provisions were proposed in the now-defunct Bill C-30, but it was obvious that the government was going much too far in its desire to impose a law and order agenda on Canadians.

The opposition strongly criticized the flaws in Bill C-30 and its potential to create abuse when it was introduced in the House, and Canadians did not take kindly to this invasion of privacy in the name of Conservative ideology that panders to the Conservatives' electoral base.

As a result of political, media and public pressure, the Conservatives had no choice but to retreat and go back to the drawing board, consulting the players concerned. They came back with Bill C-55, a bill that is more thoughtful, more balanced and more likely to find consensus among the public.

However, it would have been more judicious and quicker to propose legislation like Bill C-55 from the start, in order to comply as quickly as possible with the court's decision.

Bill C-55 is proof that consensus, compromise, consultation and healthy debate in our institutions are not enemies of our democracy or of progress in Canada.

To conclude my remarks, I would like to invite the government to take the same action in all the bills it proposes and listen to the people, our fellow Canadians.

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, since we are talking about Bill C-55, I would like to add something important. In Bill C-30, and in the former act, the problem was the imbalance. We support Bill C-55 because it helps to restore balance. In the past, people were able to intercept telephone conversations without having to be accountable or needing to warn the person being spied on, which was inconsistent with the Charter of Rights and Freedoms. That is why it is important to do things properly. It is also why the NDP will always take these matters seriously and respect the charter and the Constitution.

I would like my honourable colleague to comment on the fact that the balance between the charter and justice is being restored.

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I would like to thank the hon. member for her excellent speech and the comments that she made about Bill C-55.

Throughout this early afternoon, I listened to what the other members had to say about the importance of this bill, which will remedy a flaw or close a loophole that the Conservatives left in Bill C-30, which is truly an aberration. The Conservatives ended up abandoning this bill because public pressure put them in their place.

The Conservatives are in the bad habit of doing things too quickly, without worrying about respecting the charter and the Constitution, for example. This is a problem that we do not mention often enough and a Conservative shortcoming.

I would like the hon. member to comment on omnibus bills such as Bill C-38 and Bill C-45, two bills that are nearly 800 pages long and that were examined very quickly. The government does not take the time to check whether it is abiding by Canada's key pieces of legislation, namely, the charter and the Constitution.

[Carol Hughes, NDP, Algoma—Manitoulin—Kapuskasing, ON]

Mr. Speaker, I am glad to add my remarks to the debate on Bill C-55. As we have seen, the Conservatives are learning a hard lesson about the proper consideration that should be put into drafting a bill. Unfortunately, this is being learned at the expense of the taxpayers.

Hard-working Canadians know that to save time and money, it is important to do things right the first time. As the old saying goes, and my mom was a seamstress, so I heard this a lot, “measure twice and cut once”. That is a phrase I hope the Conservatives will keep in mind when it comes to drafting legislation going forward.

It is important to assure Canadians that this chamber gives proper consideration to any and every bill before the House, especially those that affect some of the rights and freedoms most cherished by the Canadian people. While I am thankful that the judges of the Supreme Court are able to reinforce our charter rights and declare legislation unconstitutional if it violates these rights, I am in agreement with my extremely knowledgeable colleague from Gatineau, who expressed concerns in her speech to this bill at second reading about sending people to court. Again, it is not because I do not have faith in the courts. I have every belief that our courts work to protect Canadians and defend the Constitution. In fact, the need for tabling bills like Bill C-55 reinforces my statement. However, the process of this roundabout way of making legislation is costly, and there are problems accessing justice.

If we do our job properly the first time, if we give a bill the proper consideration when it is drafted and make sure that it complies with the Canadian Charter of Rights and Freedoms as well as the concerns of Canadians, we will avoid many of these issues. If we do our job to the best of our ability, then I have no issue with having to redraft legislation at the request of the court. It is the job not being done right the first time that I, along with hard-working Canadians, take issue with.

Before I speak further to the content of Bill C-55, we must reflect on its history. In 2012, the Conservatives introduced Bill C-30 as an attempt to resolve every conceivable problem related to surveillance. Thankfully, Canadians were not afraid to speak up to ensure that their rights and freedoms were protected from a government that sought to unreasonably limit them. Public opposition to this bill erupted in a swarm of online campaigns and a general backlash. To quote the B.C. Civil Liberties Association:

It incorporates many, many people into a web of suspicion that shouldn't be there. The growth of the database nation presents a grave danger to democracy.

It incorporates many, many people into a web of suspicion that shouldn't be there. This is what we are seeing over and over again from the Conservatives. They are basically trying to say that people on EI are criminals, because now they are sending police there. They are treating seniors with disrespect. They are trying to label people as if they were not abiding by the rules, and they are. It is the Conservatives who are not.

A poll conducted by Angus Reid Public Opinion demonstrates that the majority of Canadians felt that the bill was too intrusive. The bill was not only very unpopular among members of the Canadian public, but it piled onto elements of the Criminal Code that are unconstitutional, as noted by the Supreme Court. This is reflected in the Supreme Court of Canada's decision in R. v. Tse. In that decision, the judges of the court ruled that the emergency wiretap provision in section 184.4 of the Criminal Code was unconstitutional. The judges stated that accountability measures must be put in place. The court gave Parliament until April 13, 2013 to amend the provision to make it constitutional.

It is clear that Bill C-55 was drafted to respond to the concerns expressed by the courts, and at the eleventh hour, I must say. Specifically, Bill C-55 would require reporting on the interception of private communications made under section 184.4. It would narrow which individuals can intercept private communications. People who have been wiretapped would have to be notified. It would also limit the use of wiretapping to offences listed in section 183 of the Criminal Code.

Finally, we would have some consideration given to accountability and notification. Both are necessary to protect the important privacy interests at stake. I am glad that Bill C-55 would consider the concerns expressed by the courts. We have to thank the Canadian public, which voiced its opinion on this.

It is a shame, however, that instead of considering these issues and trying to fix legislation that is already in place, we get bills like Bill C-30 that seek to further limit our rights and freedoms that are protected under the charter. Instead of ensuring that what we already have is working, the Conservatives attempt to pile on legislation that would further limit our rights and freedoms. This is the most ineffective and inefficient way to enact policy.

On this side of the House, New Democrats will continue to hold the Conservatives accountable with respect to the rights and freedoms of Canadians at every stage of the legislative process and will ensure that things are done right the first time. That is why I want to express my concerns about elements of Bill C-55. While the recommendations of the courts are being implemented, we must ensure that the bill is not simply an updated version of the wiretapping provisions the Supreme Court deemed unconstitutional or the surveillance bill that the Canadian people so rightly opposed.

When considering this type of legislation, we want to make sure that we are equipping our law enforcement professionals with the tools they need to do their jobs effectively and efficiently. We want to do this in a way that limits the rights and freedoms of Canadians as little as possible. We want to ensure that the voices and concerns of the Canadian people are reflected in the legislation that is ultimately meant to protect them. As discussed by the Supreme Court, it is a matter of striking a reasonable balance between an individual's right to be free from unreasonable searches or seizures and society's interest in preventing serious harm. At every stage of the process, we must consider these conditions.

This is no easy task and is not one we can simply glance over. The Canadian public expressed its concerns about the former Bill C-30, and we are committed to having those concerns reflected in Bill C-55. As stated by the Canada Research Chair of Internet and E-commerce Law, Dr. Michael Geist:

Bill C-30 may be dead, but lawful access surely is not. On the same day the government put the bill out of its misery, it introduced Bill C-55 on warrantless wiretapping. Although the bill is ostensibly a response to last year's...decision from the Supreme Court of Canada, much of the bill is lifted directly from Bill C-30.

Of course, all members are aware of the campaign that helped Canadians share these concerns with their MPs and challenged members to defend privacy.

My office is always receiving inquiries regarding the protection of privacy. Canadians jealously guard section 8 of the Canadian Charter of Rights and Freedoms under which everyone has the right to be secure against unreasonable search and seizure.

However, no voter has ever come to the office to request that unreasonable limits be imposed on Canadians' right to privacy. With a government that is trying to pass laws that would allow it to spy on its citizens, Canadians have the right to be concerned.

On this side of the House, we will continue to oppose unreasonable search and seizure. The Conservatives must respect the reasonable limits that have been set out by the courts.

It is ironic that the Conservatives, who claim to want to reduce government intervention, are seeking to pass a legislative measure that will turn Canada into a country that is monitored in a Big-Brother-like fashion. Canadians are right to be wary of any legislative measure put forward by the Conservatives that limits the rights and freedoms guaranteed by the charter.

As we saw during the uproar in response to Bill C-30, Canadians are paying close attention on this front. Now it is time for the government to listen to Canadians as well as to the courts.

The NDP will continue to fight to uphold the rights and freedoms of Canadians. It is important that these rights and freedoms are given proper consideration before drafting and tabling legislation to ensure that things are done right the first time. We must ensure that the guidelines set out by the courts regarding this new bill are followed. We must ensure that it strikes a reasonable balance between an individual's right to be free from unreasonable searches or seizures and society's interest in preventing serious harm.

Finally, we must ensure that all of this is done right the first time. We owe it to Canadians to ensure that anything that goes through the House is given proper consideration, especially when it involves the rights and freedoms of the Canadian people. Given the history of Bill C-30 and the Supreme Court decision in Tse, we believe that the current bill, Bill C-55, strikes a balance between personal freedoms and public safety. We expect that consideration of this sort be implemented in all bills passed before the House so that we do not get more bills like Bill C-30.

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

Mr. Speaker, I rise today in the House to speak about Bill C-55, An Act to amend the Criminal Code, the government's response to the Supreme Court’s decision in R. v. Tse.

As my colleague explained, I now have the pleasure of sitting on the Standing Committee on Justice and Human Rights. Before that I sat on the Standing Committee on Finance. Now, I have the pleasure of working with our justice critic, the member for Gatineau. Since becoming a member of this committee and working with her, I have discovered that her knowledge of the justice field is incredibly broad and that she does extraordinary work. As with all the files on which she has worked, she led the team very capably and clarified our position on Bill C-55.

Our position is clear: we are in favour of Bill C-55 because it is a step in the right direction. We have supported the bill at every stage because it resolves one of the legal problems in the Criminal Code. The R. v. Tse ruling made it possible to tell the government that the Criminal Code, as enacted in 1993, with the wiretaps provisions, was unconstitutional. I will discuss this unconstitutional aspect a little later on.

I believe the bill is a step in the right direction. It updates the wiretapping provisions that the Supreme Court of Canada had ruled unconstitutional. In the R. v. Tse decision, the Supreme Court of Canada found that an emergency wiretap authority without a court authorization in situations of imminent harm could be justified under the Canadian Charter of Rights and Freedoms.

Certain amendments therefore had to be made. Section 184.4 of the Criminal Code was enacted in 1993 and was unconstitutional, primarily because it contained no accountability measures. I repeat, section 184.4 must be used only in exceptional circumstances. It is an emergency measure. Wiretapping is an infringement of privacy. However, in certain cases, such as in the cases discussed, it is a necessity, as it also involves public safety.

We as legislators must balance the two aspects: public safety with freedom and the right to privacy. Fortunately, this is what the bill does. The law as it was in the past made it impossible to achieve this balance.

The Supreme Court made a rather pressing and important point in its decision. According to the Supreme Court, the Criminal Code, as it stands, is unconstitutional. The court therefore directed the government to introduce a bill to address the problem. The Supreme Court gave the government until April 13, 2013, to enact amendments to ensure that the justice system can function legitimately. Unfortunately, when the government took power, it introduced many bills that it felt were more important, but did not really do what the Supreme Court asked of it.

I will return to Bill C-30, but I would like first to discuss Bill C-55 in more detail. The issue here is the reporting requirement for interceptions of private communications. This is important. We need to know what is going on and we need accountability. This bill concerns the requirement to report, which is important.

Bill C-55 provides that any person who has been the object of an interception must be advised within a period of 90 days to three years. Several questions were raised about the three-year time period, but after hearing witnesses, in particular those from the Department of Justice, we understood that there were reasons that made this acceptable. Of course, the time period will not always be three years. We hope that it will be shorter. However, we are reassured by the fact that those who have been under electronic surveillance will be advised thereof. The bill also restricts what categories of people can make such interceptions.

One of the problems with Bill C-30, which I would like to discuss further, is that it allowed almost anyone to do so, and placed certain obligations on telecommunications companies and so on. Now that has been clarified somewhat. The bill says that the police have the right to intercept communications. Witnesses raised questions about whether this should be clarified and whether it should go still further. Should it be a higher-ranking officer, such as a police supervisor? When we heard the witnesses and thoroughly analyzed the question, we found the definition adequate in terms of being understandable, particularly when applied more broadly to the Criminal Code.

I would like to say more about Bill C-30, because the Supreme Court requirement told the government to come back with a bill that was not unconstitutional by April 13, 2013. We are aware of the fact that it takes a great deal of time for a bill to work its way through the parliamentary legislative system.

The government began by introducing Bill C-30.

Bill C-30 required telecom providers in Canada to monitor user data and be prepared to hand over personal information to authorities without a warrant or judicial oversight. We saw that as a big problem, and a lot of members stood in the House and said that, including my colleague from Terrebonne—Blainville, who is the NDP critic.

He is an incredible colleague who fought very hard. The public also helped us by expressing its opposition to this bill.

Canadians must not forget what the Minister of Public Safety said at the time.

On February 13, 2012, the minister, in answer to a question on Bill C-30, said:

Mr. Speaker, I thank the member for the opportunity to tell him that every province unanimously supported moving forward with the legislation that was introduced first under the Liberal government, by his party. As technology evolves, many criminal activities, such as the distribution of child pornography, become much easier. We are proposing measures to bring our laws into the 21st century and to provide the police with the lawful tools that they need. He can either stand with us or with the child pornographers.

When we look at history, we know the government made a huge mistake with the bill, and it knows it. Bill C-30 was wrong. The fact that a minister could speak that way and then come back and say that maybe it was a mistake and the bill went too far, it was not maybe, it really did. When he spoke like that, it showed narrow-mindedness. If Conservatives want to collaborate and work on better legislation, especially after the Supreme Court told us to do it, we hope there will be better preparation by members opposite in the future.

The NDP was very pleased that the minister and the government admitted their mistake and realized that they had gone too far. There was no reason for them to attack the protection of privacy. The scope of their legislation was too broad and they were asking telecommunications companies to obtain information without a warrant. Canadians and my constituents were outraged. I heard this from many of my constituents.

OpenMedia came up with a campaign to go against it. Once in a while, the government actually listens to what people have to say, and I am glad it did. I wish the government would have done it before coming up with such a bill, but coming back with Bill C-55 is a good thing. The government has looked at what needs to be done. The Supreme Court was pretty clear that we needed to amend the law so that we followed what the charter said, which the government did. That is why we support it. It is really important that the rule of law, the Constitution and the charter be respected.

[Raymond Côté, NDP, Beauport—Limoilou, QC]

Mr. Speaker, I thank my colleague from Drummond for his question.

I think that there is cause for some legitimate concern. I did not talk about the case of the former Department of Justice jurist who said that, unfortunately, the groundwork was not being done at the department. That case is obviously running its course.

What is very disappointing is that the government continues to deny it and insists on fast-tracking flawed bills at all costs.

Bill C-30 was particularly disappointing. Fortunately, public pressure made the government back down. Bill C-55 fixes some things that Bill C-30 would not have fixed. Bill C-30 would have unfortunately created more problems than solutions.

[François Choquette, NDP, Drummond, QC]

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

I would like to point out that Bill C-55 is the Conservatives' latest attempt after their Bill C-30, if I am not mistaken, failed.

Why do the Conservatives have these kinds of failures? It is obviously because they try to fast-track everything. They want to move very quickly and not allow debate. The two omnibus budget bills are indisputable proof of that.

Does my hon. colleague think that the Conservative government should now ensure that all justice bills are in line with the charter and the constitution, instead of simply basing bills solely on its political agenda and short-sighted ideology?