Bill C-63

An Act to enact the Online Harms Act, to amend the Criminal Code, the Canadian Human Rights Act and An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service and to make consequential and related amendments to other Acts

Part 1 of this enactment enacts the Online Harms Act , whose purpose is to, among other things, promote the online safety of persons in Canada, reduce harms caused to persons in Canada as a result of harmful content online and ensure that the operators of social media services in respect of which that Act applies are transparent and accountable with respect to their duties under that Act.
That Act, among other things,
(a) establishes the Digital Safety Commission of Canada, whose mandate is to administer and enforce that Act, ensure that operators of social media services in respect of which that Act applies are transparent and accountable with respect to their duties under that Act and contribute to the development of standards with respect to online safety;
(b) creates the position of Digital Safety Ombudsperson of Canada, whose mandate is to provide support to users of social media services in respect of which that Act applies and advocate for the public interest in relation to online safety;
(c) establishes the Digital Safety Office of Canada, whose mandate is to support the Digital Safety Commission of Canada and the Digital Safety Ombudsperson of Canada in the fulfillment of their mandates;
(d) imposes on the operators of social media services in respect of which that Act applies
(i) a duty to act responsibly in respect of the services that they operate, including by implementing measures that are adequate to mitigate the risk that users will be exposed to harmful content on the services and submitting digital safety plans to the Digital Safety Commission of Canada,
(ii) a duty to protect children in respect of the services that they operate by integrating into the services design features that are provided for by regulations,
(iii) a duty to make content that sexually victimizes a child or revictimizes a survivor and intimate content communicated without consent inaccessible to persons in Canada in certain circumstances, and
(iv) a duty to keep all records that are necessary to determine whether they are complying with their duties under that Act;
(e) authorizes the Digital Safety Commission of Canada to accredit certain persons that conduct research or engage in education, advocacy or awareness activities that are related to that Act for the purposes of enabling those persons to have access to inventories of electronic data and to electronic data of the operators of social media services in respect of which that Act applies;
(f) provides that persons in Canada may make a complaint to the Digital Safety Commission of Canada that content on a social media service in respect of which that Act applies is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent and authorizes the Commission to make orders requiring the operators of those services to make that content inaccessible to persons in Canada;
(g) authorizes the Governor in Council to make regulations respecting the payment of charges by the operators of social media services in respect of which that Act applies, for the purpose of recovering costs incurred in relation to that Act.
Part 1 also makes consequential amendments to other Acts.
Part 2 amends the Criminal Code to, among other things,
(a) create a hate crime offence of committing an offence under that Act or any other Act of Parliament that is motivated by hatred based on certain factors;
(b) create a recognizance to keep the peace relating to hate propaganda and hate crime offences;
(c) define “hatred” for the purposes of the new offence and the hate propaganda offences; and
(d) increase the maximum sentences for the hate propaganda offences.
It also makes related amendments to other Acts.
Part 3 amends the Canadian Human Rights Act to provide that it is a discriminatory practice to communicate or cause to be communicated hate speech by means of the Internet or any other means of telecommunication in a context in which the hate speech is likely to foment detestation or vilification of an individual or group of individuals on the basis of a prohibited ground of discrimination. It authorizes the Canadian Human Rights Commission to deal with complaints alleging that discriminatory practice and authorizes the Canadian Human Rights Tribunal to inquire into such complaints and order remedies.
Part 4 amends An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service to, among other things,
(a) clarify the types of Internet services covered by that Act;
(b) simplify the mandatory notification process set out in section 3 by providing that all notifications be sent to a law enforcement body designated in the regulations;
(c) require that transmission data be provided with the mandatory notice in cases where the content is manifestly child pornography;
(d) extend the period of preservation of data related to an offence;
(e) extend the limitation period for the prosecution of an offence under that Act; and
(f) add certain regulation-making powers.
Part 5 contains a coordinating amendment.

Public Safety

[Ryan Turnbull, Liberal, Parliamentary Secretary to the Minister of Innovation]

Madam Speaker, the member certainly could consider supporting the government's online harms bill, which I think is a major piece of legislation that certainly will help to protect minors and children when they are interacting online.

I appreciate this opportunity to speak about the ongoing threat of extortion in Canada. The Government of Canada is deeply concerned about Canadians who are victimized by acts of extortion and related violence. The Government of Canada is aware of growing concerns related to extortion across the country and, indeed, the government has heard directly from the mayors of Surrey, British Columbia; Edmonton, Alberta; and Brampton, Ontario, about how this is impacting their communities.

The recent increase in the number and severity of extortion attempts, particularly targeting members of Canada's South Asian community are alarming. The Government of Canada and the RCMP encourage anyone experiencing or witnessing extortion to report it to their local police of jurisdiction and discourage anyone from complying with demands for money.

Rest assured, the Government of Canada is committed to protecting the safety of Canadians and Canadian interests against these threats. We are taking concrete action to protect all affected communities across Canada.

As Canada's national police force, the Royal Canadian Mounted Police is mandated to prevent, detect and investigate serious organized crime, in order to protect Canadians and Canadian interests. In doing so, the RCMP works closely with domestic and international law enforcement partners to share information and target shared threats. The RCMP and its law enforcement partners across the country have observed an increase in the number of extortion crimes taking place and are working collaboratively to investigate these incidents.

While the RCMP cannot comment on specific investigations, I can confirm that significant coordination is under way across the country to address similar types of extortion attempts directed at the South Asian communities in British Columbia, Alberta and Ontario. While many investigations remain ongoing, a number of arrests have been made, and information sharing across agencies, I would say, is imperative, as coordinated efforts are under way to identify cases that may be related to one another.

To this end, the RCMP is actively sharing information with local law enforcement to support their ongoing efforts.

Rest assured, law enforcement agencies across the country are utilizing the required tools and resources to combat these serious incidents in order to keep Canadians safe.

Financial Statement of Minister of Finance

[Arif Virani, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, I rise today to address budget 2024. I propose to deliver my remarks in two contexts: first, to address how this budget resonates with the residents whom I am privileged to represent in Parkdale—High Park in Toronto; second, to look more largely at some of the very important components that relate to the administration of justice in this country and are touched on in this budget document.

I am proud to have represented, for almost nine years now, the constituents in Parkdale—High Park. What those constituents have talked to me repeatedly about is the need to address housing. In budget 2024, we find some very key provisions that relate to housing. I cannot list them all, but some deal with the pressing issue of building more housing, increasing housing supply. That is fundamental in terms of what we are trying to do as a government, and it is empowered and advanced by this important budget document. What I am speaking of here is, for example, $15 billion in additional contributions to Canada's apartment construction loan program, which will help to build more than 30,000 additional new homes.

What I also take a lot of pride in is the fact that we are addressing the acute needs of renters. I say that in two respects. This budget document outlines, for example, how renters can be empowered to get to the point of home ownership by virtue of having a proper rental payment history. This can contribute to building up one's credit worthiness with credit ratings agencies; when the time comes to actually apply for a mortgage, one will have built up that credit worthiness by demonstrating that one has made regular rent payments over a period of years. This is truly empowering for the renters in my community and communities right around the country. I have already heard that feedback from the renters whom I represent.

Lastly, I would simply point out what we are doing with respect to the tenants' bill of rights. This is a really important document that talks about ensuring that tenants have rights they can vindicate, including in front of tribunals and, potentially, courts of law. We are coupling that with a $15-million investment that would empower and unlock advocates who assist those renters. That is fundamental. In that respect, it actually relates to the two hats that I wear in this chamber, in both my roles as a representative of individual renters and as Minister of Justice.

Another component that my constituents have been speaking to me about regularly since 2015 is our commitment to advancing meaningful reconciliation with indigenous peoples. Again, this document has a number of components that relate to indigenous peoples in budget 2024. There are two that I would highlight for the purpose of these remarks. First, there is the idea about what we are doing to settle litigation against indigenous peoples and ensure that we are proceeding on a better and more conciliatory path forward. We talk about a $23-billion settlement with respect to indigenous groups who are litigating discriminatory underfunding of children and child family services and the fact that this historic settlement was ratified by the federal court. That is critical.

Second, in this document we also talk about funding a project that is near and dear to my heart. Why do I say that? It is because, in 2017, I had the privilege of serving as the parliamentary secretary to the Minister of Heritage. At that time, I helped to co-develop, along with Métis, first nations and Inuit leaders, the legislation that has now become the Indigenous Languages Act. That is coupled with an indigenous languages commission. In this very budget document, we talk about $225 million to ensure the continued success of that commission and the important work it is doing to promote, enhance and revitalize indigenous languages in this country.

Those are fundamental investments. I think it is really important to highlight them in the context of this discussion.

I would also highlight that my riding, I am proud to say, is full of a lot of people who care about women. They care about feminism; they care about social and economic policies that empower women. I would highlight just two. First of all, we talk about pharmacare in this budget. The first volley of pharmaceutical products that will be covered includes contraceptive devices that would assist, as I understand it, as many as nine million Canadians through access to contraception. This would allow women, particularly young women and older women, to ensure that they have control over their reproductive function. That is fundamental to me as a representative, and it is fundamental to our government and what our government prioritizes in this country. I would also say that, with $10-a-day child care, there are affordable and robust means of ensuring that people's children are looked after in this country; that empowers women to do such things as participate in the workforce.

What I am speaking about here is that we are hitting levels of women's participation in the workforce that have never been seen before, with women's labour force participation of 85.4%. That is an incredible social policy that is translating into a terrific economic policy.

We can also talk about the $6.1-billion Canada disability benefit. I am proud to say that the constituents of Parkdale—High Park care meaningfully about inclusive policies, policies that alleviate poverty and are addressed to those who are vulnerable and those who are in need. People have been asking me about the disability benefit, including when we will see it and when it will come to the fore. We are seeing it right now with this document. The very document that we will be voting on in this chamber includes a $6.1-billion funding model to empower Canadians who are disabled and to ensure that we are addressing their needs.

This budget also represents a bit of a catch-up, meaning that we are catching up to the rest of the G7. Until this budget was delivered, we remained the only G7 country in the world not to have a national school food program. It goes without saying that not a single one of the 338 members privileged to serve in this House would think it is good for a child to arrive at school hungry, in any of their communities or in this country as a whole. I do not think this is a partisan statement whatsoever. We would acutely address child hunger. Through a national school food program, we would ensure that children do not arrive at school hungry, which would impede their productivity and certainly limit their education. Through a $1-billion investment, we would cure school poverty and school hunger.

We are also introducing legislation to reduce cellphone and banking fees, which is fundamental.

With respect to the hat I wear as Minister of Justice, which I have done for about eight months, I firmly believe that one of my pivotal roles is ensuring access to justice. I would say that this document really rings true to the commitment that I have personally and that our government and the Prime Minister have to this. Here, I am speaking about the notion of our commitment to legal aid. Legal aid has multiple components, but it is fundamental to ensuring that people can have their rights vindicated with the assistance of counsel. This helps address things such as court backlogs and court delays; it is also fundamental for the individual litigants before the courts. There is a criminal legal aid package in this budget that includes $440 million over five years.

There is also immigration and refugee legal aid. Unfortunately, since the provinces have wholesale resiled from their involvement in this portfolio, since 2019, we have been stepping in with annual funding. We are making that funding no longer simply annual; we are projecting it over a five-year term, which gives certainty and predictability to the people who rely on immigration and refugee legal aid, to the tune of $273 million. That is fundamental.

Members heard in question period about efforts we are making to address workplace sexual harassment. I will pivot again here to the fact that this dovetails with both my ministerial role and my role of devoted constituency representative as the MP for Parkdale—High Park. I hear a great deal from my constituents about speaking to women's needs in terms of addressing harassment and sexual harassment. With this budget, we would provide $30 million over three years to address workplace sexual harassment. That is also fundamental.

Likewise, what we are doing on hatred is fundamental. Three full pages of the budget document are dedicated to addressing hatred. Some points dovetail with legislation that I have tabled in this House, including Bill C-63, regarding what we would do to curb online hatred and its propensity to spread. However, there are also concrete investments here that talk about Canada's action plan on combatting hate and empowering such bodies as the Canadian Race Relations Foundation, with the important work it is doing in terms of promoting better understanding and the knowledge base of hate crimes units. Also, fundamentally, there is money dedicated in this very budget to ensuring that both law enforcement agencies and Crown prosecutors are better trained and provided better information about how to identify hate and potentially prosecute it. With where we are as a country right now, this is a pressing need; I am very proud to see budget 2024 addressing it directly.

For the reasons I outlined earlier, in terms of how this addresses the particular needs of my constituents and for the very replete justice investments that are made to ensuring access to justice and tackling pernicious issues, such as sexual harassment and hatred, I believe this is a budget that all 338 of us should get behind and support.

Alleged Premature Disclosure of Bill C-63—Speaker's Ruling

[The Speaker, Liberal, Greg Fergus]

I am now ready to rule on the question of privilege raised on February 26, 2024, by the House leader of the official opposition, concerning the alleged premature disclosure of Bill C-63, an act to enact the online harms act, to amend the Criminal Code, the Canadian Human Rights Act and an act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service and to make consequential and related amendments to other acts.

The opposition House leader claimed that the bill's contents had been leaked to the media, as evidenced in two separate reports from CBC and CTV News. Pointing to the anonymous quotes in the news reports, he concluded his remarks by positing that the information was leaked intentionally, knowing that it was wrong. In doing so, it breached the rights of members of Parliament and the House.

For his part, the parliamentary secretary to the government House leader countered that the envisioned legislation's objectives were widely known and already in the public domain long before the bill was placed on notice and introduced, given the government's prior commitments and extensive public consultations. Furthermore, the parliamentary secretary emphatically rejected the allegations that the government had shared the bill before it was introduced.

The House leader of the official opposition is correct in asserting that there are abundant precedents that once a bill is placed on notice, its contents are not to be disclosed prior to introduction, thus ensuring that members have the first opportunity to take note of the bill. The premature disclosure of bills has usually been seen as a contempt of the House.

I will invite MPs to please take their conversations outside of the House, including the member for Scarborough—Guildwood.

In a ruling on October 4, 2010, which can be found at page 4711 of the Debates, Speaker Milliken stated, and I quote:

It is indisputable that it is a well-established practice and accepted convention that this House has the right of first access to the text of bills it will consider.

On the substantive matter raised in this question of privilege, as members know, the policy direction leading to a government bill is not typically developed in the strict isolation of a government department. Prior to the putting on notice and introduction of most modern legislation, extensive consultations and public debate frequently occur for months or even years. Past precedents from the Chair address this reality, and Bill C-63 seems to be another example of that pattern.

On June 8, 2017, Speaker Regan emphasized the need for balance between members' right to have the first opportunity to see the bill and the need for prior public consultation. He said, at page 12320 of the Debates:

The right of the House to first access to legislation is one of our oldest conventions. It does and must, however, coexist with the need of governments to consult widely, with the public and stakeholders alike, on issues and policies in the preparation of legislation.

In the same ruling, Speaker Regan indicated that the denial of a premature disclosure of the bill by the government, and the absence of evidence that members were impeded in the performance of their parliamentary duties, had led him to find that the matter was not a prima facie case of privilege.

Having reviewed the contents of the bill against what was reported in the media, and considering the assurance given by the parliamentary secretary that the government did not share the text of the bill between its placement on notice and its introduction, it cannot be determined that the information that appeared in the news media necessarily came from a premature disclosure of the bill by so-called senior government sources.

The title of the bill, combined with the various sources of information mentioned above, such as background information provided during the consultation process, could have easily informed as to the specific objectives of the bill. There is a plausible argument to be made that the scope, objectives and targets of the bill were known prior to its being placed on notice and introduced.

Not being able to say with certainty that the information in the media reports came from the bill itself, I cannot determine that any member was impeded in the carrying out of their parliamentary duties, or that the dignity of the House was transgressed. As such, the Chair cannot find that there is a prima facie question of privilege.

That being said, the Chair shares the members' concerns when detailed information on proposed legislation, whether accurate or not, appears in media stories prior to their introduction.

It casts doubt on the role and predominance of Parliament in the legislative process and may lead to—

Order. I am going to remind all members that one of the fundamental rules of being a member and being a Speaker in this House is that members are not to question or to insult the Speaker, unless they are doing it through a motion which would call into question the Speaker's role. I would like to remind all members about this fundamental rule. I know that I have had some conversations with members in the past about this.

I will continue.

It casts doubt on the role and predominance of Parliament in the legislative process and may lead to understandable frustration.

I thank all members for their attention.

National Defence

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, the member is so sensitive to us calling out what the Conservative Party is doing. I just finished saying that the most important reality of our Canadian Forces is the families, and he is standing up on a point of order. Does he not realize that the families of the Canadian Forces members are, in fact, what this report is all about?

As someone who was in the Canadian Forces and who was posted in Edmonton, I understand the issue of housing. I understand the pros and cons, the dips and so forth that take place, the waiting list for PMQs, for barracks and the whole process in which housing has evolved in the Canadian Forces, and I understand how important the issue is. I knew this not only today, and it did not necessarily take the report coming to the floor to be debated. This is not new. There has always been waiting lists to get into PMQs since the days when I was in the forces. I had to wait, and I actually lived in a PMQ. There have always been waiting lists.

Why did the Conservative Party wait until today to introduce this motion? If, in fact, Conservatives were genuine and really cared about the families and the Canadian Forces, they could have introduced some form of a motion on an opposition day. They should have done that if they genuinely cared about families and those in the forces representing our country and doing a phenomenal job, whether in Canada or abroad.

The Government of Canada has the backs of those members in the Canadian Forces and their families a lot more than Stephen Harper ever did. When I was first elected to the House of Commons in 2010, Stephen Harper literally closed down veterans offices, not two or three, but nine all over the country.

Members can imagine the veterans who already served in the forces in many different capacities and were going into private homes and facilities, some even in the non-profit area, when Stephen Harper shut down those access offices. In Manitoba, it was in Brandon. I was glad that when we took over the reins of power, we actually reopened those offices to continue to support our veterans.

There are two issues here that really need to be talked about. First and foremost is the motivating factor of the Conservative Party today and why the Conservatives are moving this motion. As the NDP House leader clearly attempted to get this motion passed, the Conservatives said no. It was not because of interest for members of the forces but rather to prevent legislation from being debated.

Just yesterday, I was in the House and had the opportunity to speak to a private member's bill, Bill C-270, which dealt with the issues of child porn and non-consensual porn. I stood in my place and provided commentary on how serious and important that issue is, not only to the government but also to every member inside this chamber. Throughout the debate, we found out that the Conservative Party was actually going to be voting against Bill C-63, which is the online harms act.

That was important to mention because the Conservatives were criticizing the government for not calling the legislation. They were heckling from their seats and were asking why we did not call the legislation if it was so important.

The Conservatives realize that when they bring in motions, as they have done today, they are preventing the government from bringing in legislation and from having debates on legislation. Then, they cry to anyone who will listen. They will tell lies and will do all sorts of things on social media. They spread misinformation to Canadians to try to give the impression that the House and Canada are broken.

There is no entity in the country that causes more dysfunction in the House of Commons, or even outside of the Ottawa bubble, than the Conservative Party of Canada under the leadership of the far right MAGA leader today. That is the core of the problem. They have a leader who genuinely believes and who wants to demonstrate that this chamber is dysfunctional. The only thing that is dysfunctional in this chamber is the Conservative Party. It does not understand what Canadians want to see.

If we look at some of the commitments we are making to the Canadian Armed Forces, we are talking about billions of dollars in the coming years. We have a target, and a lot depends on economic factors, but we are looking at 1.7% by 2030.

Let us contrast that to the Conservative government of Stephen Harper, who was the prime minister when the current Conservative leader was a parliamentary secretary and was a part of that government in a couple of roles. We saw a substantial decrease in funding. I made reference to the veterans and to shutting them down. What about the lack of general funding toward the Canadian Forces? We hit an all-time low under the Conservative Party and Stephen Harper. It was 1% of the GDP. That would be awfully embarrassing to go abroad and to start talking to people in the United States or to any of our ally countries in NATO. They were laughing at the Harper regime.

The Liberal government had to straighten out the problems of the Conservatives' inability to get a jet fighter. For years, they tried and failed. The Liberal government is now delivering on getting the jet fighters. The Liberal government continues to look at ways we can enhance our Canadian Forces, not only for today but also into the future. We will have new search and rescue aircraft that will be operating out of places like the city of Winnipeg.

Stopping Internet Sexual Exploitation Act

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Madam Speaker, I have a lot to say about the bill. I will just start with a brief personal anecdote. I want to be very clear when I say this: I do not do this as victim porn or looking for sympathy. It is an example of how if somebody like myself, in a position of privilege, has a hard time accessing the justice system, what about others?

When I was a minister of the Crown, over 10 years ago, I received very explicit sexualized online threats, very graphic descriptions of how somebody was going to rape me, with what instruments, and how they were going to kill me. I was alone in a hotel room. My schedule had been published the day before, and I was terrified. The response at that time from law enforcement, and the process I had to go through as a minister of the Crown, to attempt to get justice in a situation that did not involve intimate images, sticks with me to this day. If I had to go through that at that time, what hope is there for somebody who does not have my position of privilege?

What the bill would do is recognize that the forms of discrimination and harassment that, as my colleague from Esquimalt—Saanich—Sooke says, disproportionately impact women, sexual minorities and other persons, have outpaced Parliament's ability to change the law. Here we are today.

Briefly, I want to respond to some of the points of debate. First of all, my colleague from the Liberals suggested that we expedite Bill C-63. That bill has been so widely panned by such a variety of disparate stakeholders that the government has not even scheduled it for debate in the House yet.

Second, and this is particularly for my colleagues who are looking to support this, to send the bill through to second reading, Bill C-63 would not provide criminal provisions either for any of the activities that are in the bill or for some of the other instances that have been brought up in the House for debate tonight, particularly the non-consensual distribution of deepnudes and deepfake pornography.

I raised the issue in the House over seven months ago. The intimate image distribution laws that are currently in the Criminal Code were only put in place in 2014, about a decade after social media came into play, and after Rehtaeh Parsons and Amanda Todd tragically died due to an absence in the law. Seven months have passed, and the government could have dealt with updating the Criminal Code with a very narrow provision that the Canadian Bar Association and multiple victims' rights groups have asked for, yet it has chosen not to.

There are so many articles that have been written about what is wrong with what is in Bill C-63 that we now need to start paying attention to what is wrong with it because of what is not in there. There is no update to Canada's Criminal Code provisions on the distribution of intimate images produced by artificial intelligence that are known as deepnudes.

I want to be very clear about this. There are websites right now where anyone in this place can download an app to their phone, upload any image of any person, including any person in here, and imagine what that looks like during an election campaign, erase people's clothes, and make it look like legitimate pornography. Imagine, then, that being distributed on social media without consent. Our Criminal Code, the Canadian Bar Association, as well as law professors, and I could read case after case, say that our laws do not update that.

At the beginning of February, there was a Canadian Press article that said that the government would update the law in Bill C-63, but it did not. Instead, what it chose to do was put in place a three-headed bureaucracy, an entirely extrajudicial process that amounts to a victim of these crimes being told to go to a bureaucratic complaints department instead of being able to get restitution under the law. Do we know what that says to a perpetrator? It says, “Go ahead; do it. There is no justice for you.” It boggles my mind that the government has spent all of this time while countless women and vulnerable Canadians are being harassed right now.

I also want to highlight something my colleague from Esquimalt—Saanich—Sooke said, which is that there is a lack of resources for law enforcement across the country. While everybody had a nice couple of years talking about defunding the police, how many thousands of women across this country, tens of thousands or maybe even millions, experienced online harassment and were told, when they finally got the courage to go to the police, that it was in their head?

One of those women was killed in Calgary recently. Another of those women is Mercedes Stephenson, who talked about her story about trying to get justice for online harassment. If women like Mercedes Stephenson and I have a hard time getting justice, how is a teenager in Winnipeg in a high school supposed to get any sort of justice without clarity in the Criminal Code if there are deepnudes spread about her?

I will tell members how it goes, because it happened in a high school in Winnipeg after I raised this in the House of Commons. I said it was going to happen and it happened. Kids were posting artificial intelligence-generated deepnudes and deepfakes. They were harassing peers, harassing young women. Do members know what happened? No charges were laid. Why were no charges laid? According to the article, it was because of ambiguity in the Criminal Code around artificial intelligence-created deepnudes. Imagine that. Seven months have passed. It is not in Bill C-63.

At least the bill before us is looking at both sides of the coin on the Criminal Code provisions that we need to start looking at. I want to ensure that the government is immediately updating the Criminal Code to say that if it is illegal to distribute intimate images of a person that have been taken with a camera, it should be the exact same thing if it has been generated by a deepnude artificial intelligence. This should have been done a long time ago.

Before Bill C-63 came out, Peter Menzies, the former head of the CRTC, talked about the need to have non-partisan consensus and narrowly scoped bills so it could pass the House, but what the government has chosen to do with Bill C-63 is put in place a broad regulatory system with even more nebulousness on Criminal Code provisions. A lot of people have raised concerns about what the regulatory system would do and whether or not it would actually be able to address these things, and the government has not even allowed the House to debate that yet.

What we have in front of us, from my perspective, is a clear call to action to update the Criminal Code where we can, in narrow provisions, so law enforcement has the tools it needs to ensure that victims of these types of crimes can receive justice. What is happening is that technology is rapidly outpacing our ability to keep up with the law, and women are dying.

I am very pleased to hear the multipartisan nature of debate on these types of issues, and that there is at least a willingness to bring forward these types of initiatives to committee to have the discussions, but it does concern me that the government has eschewed any sort of update of the Criminal Code on a life-versus-life basis for regulators. Essentially what I am worried about is that it is telling victims to go to the complaints department, an extrajudicial process, as opposed to giving law enforcement the tools it needs.

I am sure there will be much more debate on this, but at the end of the day, seven months have passed since I asked the government to update the Criminal Code to ensure that deepnudes and deepfakes are in the Criminal Code under the non-consensual intimate image distribution laws. Certainly what we are talking about here is ensuring that law enforcement has every tool it needs to ensure that women and, as some of my colleagues have raised here, other sexual minorities are not victimized online through these types of technologies.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Madam Speaker, New Democrats support, as all parties do, tackling the important issues that the bill before us seeks to tackle. We also know that there has been an explosion of sexual exploitation of individuals online without their consent and an explosion of child pornography. What we have to do is find those measures that would be effective in bringing an end to these heinous practices.

Like the member for Peace River—Westlock, I would like to support and salute the survivors who have told their tales, at much personal sacrifice and much personal anguish, publicly acknowledging what has happened to them and the impact it has had on their lives. We would not be making progress on these issues without that work by those survivors, so I think we all want to salute them for their bravery in taking up this problem.

However, the challenge with these issues is to find what will actually work to end sexual exploitation. We know that a lack of resources for enforcement is almost always at least equally important to any gaps in legislation. What we need to see is dedicated funding to specific and skilled police units to tackle these questions because it can become highly complex and highly convoluted in trying to bring these cases to prosecution, and we know that is one of the problems with the existing legislation. It is difficult to prosecute for these offences under the Criminal Code as it now stands.

We look forward, as New Democrats, to hearing from expert witnesses in committee on what measures will actually be the most effective in bringing an end to these practices, and whether and how the measures proposed in Bill C-270 would contribute to bringing an end to online sexual exploitation. The bill, in some senses, is very simple. It would require checking ID and keeping records of consent. Some would argue that the existing law already implicitly requires that, so is this a step that would make it easier to prosecute? I do not know the answer to that, but I am looking forward to hearing expert testimony on it.

While this legislation is not specific to women, it is important to acknowledge the disproportionate representation of women as victims of both child pornography and of sexual exploitation online without consent. However, I would also note that we have had a recent rash of cases of sexploitation or sextortion of young men who thought they had been speaking to other partners their own age online. They later find out that they were being threatened with the images they had shared being posted online and being asked for money or sexual favours to avoid that. Yes, it is primarily women, but we have seen this other phenomenon occurring where men pose as young women to get young boys to share those images.

Obviously, we need more education for young people on the dangers of sharing intimate images, although I am under no illusion that we can change the way young people relate to each other online and through their phones. Education would be important, but some measures to deal with these things when they happen are also important.

If we look at the Criminal Code, paragraph 162.1(1) already makes it illegal to distribute an intimate image without consent. Of course, child pornography, under a succeeding subsection, is also already illegal. This was first brought forward and added to the Criminal Code 11 years ago. I was a member of Parliament at that time, and the member for Peace River—Westlock joined us shortly after. It came in an omnibus bill brought forward by the Conservatives. In that bill, there were a number of things, to be honest, that New Democrats objected to, but when the bill, which was Bill C-13 at the time, was brought forward, our spokesperson Françoise Boivin offered to the government to split the bill, take out the section on online exploitation without consent and pass it through all stages in a single day. The Conservatives refused, at that point, to do that, and it took another year and a half to get that passed into law.

New Democrats have been supportive in taking these actions and have recognized its urgency for more than a decade. We are on board with getting the bill before us to committee and making sure that we find what is most effective in tackling these problems.

What are the problems? I see that there are principally two.

One, as I have mentioned before, is the difficulty of prosecution and the difficulty of making those who profit from this pay a price. All the prosecutors I have talked to have said that it is difficult to make these cases. It is difficult to investigate, and it is difficult to get convictions. Are there things we can do that would help make prosecution easier, and are the things suggested in the bill going to do that? I look forward to finding that out in committee.

The second problem is the problem of takedown, and we all know that once the images are uploaded, they are there forever. They are hard to get rid of. As members of the government's side have pointed out, there are measures in government Bill C-63 that would help with warrants of seizure, forfeiture, restitution and peace bonds in trying to get more effective action to take down the images once they have been posted. I am not an optimist about the ability to do that, but we seem to lack the tools we need now to make a stab at taking the images off-line. It is also important to remember that whatever we do here has to make our law more effective at getting those who are profiting from the images. That is really what the bill is aimed at, and I salute the member for Peace River—Westlock for that singular focus because I think that is really key.

We also have to be aware of unintended consequences. When subsection 162.1(1) became law, in court we ran into a problem fairly early on of minors who share private images between each other, because technically, under the law as it is written, that is illegal; it is child pornography, and it certainly was not the intention to capture 15-year-olds who share intimate images with each other.

Whenever we make these kinds of changes, we have to make sure they do not have unintended consequences. Whether we like the practices that young people engage in online or not is not the question. We just have to make sure we do not capture innocent people when we are trying to capture those who profit from exploitation. The second part, in terms of unintended consequences, is I think we have to keep in mind there are those who are engaged in lawful forms of sex work online, and we have to make sure they are not captured under the broad strokes of the bill.

Again, I am looking forward to hearing the testimony about what will work to tackle these problems. We know the images are already illegal, but we know we lack effective tools in the legal system both to prosecute and to get the images taken down. New Democrats are broadly supportive of the principles in the bill. We are looking forward to the expert testimony I am certain we will hear at committee about what will actually work in tackling the problem. I look forward to the early passage of the bill through to committee.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, to be very clear, with regard to the issue of non-consensual pornography and child pornography, I like to believe that every member in the House would be deeply offended by any activity that would ultimately lead to, encourage or promote, in any fashion whatsoever, those two issues. It angers a great number of us, to the degree that it causes all forms of emotions. We all want to do what we can to play an important role in making our online world experience a safer place.

I must say that I was a little surprised when the member for Peace River—Westlock responded to the issue of Bill C-63. I did have some concerns.

When one thinks of non-consensual pornography and child pornography, they are already illegal today in Canada. We know that. I appreciate what is being suggested in the private member's legislation, but he was asked a question in regard to Bill C-63, the government legislation dealing with the online harms act. It is something that is very specific and will actually have a very tangible impact. I do not know 100%, because this is the first time that I heard that members of the Conservative Party might be voting against that legislation. That would go against everything, I would suggest, in principle, that the member opposite talked about in his speech.

The greatest threat today is once that information gets uploaded. How can we possibly contain it? That is, in part, what we should be attempting to deal with as quickly as possible. There was a great deal of consultation and work with stakeholders in all forms to try to deal with that. That is why we have the online harms act before us today.

I wanted to ask the member a question. The question I was going to ask the member is this: Given the very nature of his comments, would he not agree that the House should look at a way in which we could expedite the passage of Bill C-63?

By doing that, we are going to be directly helping some of the individuals the member addressed in his opening comments. The essence of what Bill C-63 does is that it provides an obligation, a legal obligation, for online platforms to take off of their platforms child pornography and non-consensual pornography. For example, the victims of these horrific actions can make contact and see justice because these platforms would have 24 hours to take it off. It brings some justice to the victims.

I do not understand, based on his sincerity and how genuine the member was when he made the presentation of his bill. I have a basic understanding of what the member is trying to accomplish in the legislation, and I think that there are some questions in regard to getting some clarification.

As I indicated, in terms of the idea of child pornography not being illegal, it is illegal today. We need to make that statement very clear. Non-consensual pornography is as well. Both are illegal. There is a consequence to perpetrators today if they are found out. What is missing is how we get those platforms to get rid of those images once those perpetrators start uploading the information and platforms start using the material. That is what the government legislation would provide.

Hopefully before we end the two hours of debate the member can, in his concluding remarks, because he will be afforded that opportunity, provide some thoughts in regard to making sure people understand that this is illegal today and the importance of getting at those platforms. If we do not get at those platforms, the problem is not going to go away.

There was a question posed by I believe a New Democratic member asking about countries around the world. People would be surprised at the motivation used to get child pornography on the net and livestreamed. I have seen some eye-opening presentations that show that in some countries in the world the person who is putting the child on the Internet is a parent or a guardian. They do it as a way to source revenue. They do it for income for the family. How sad is that?

How angering is it to see the criminal element in North America that exploits these individuals, and children in particular. This is not to mention of course the importance of non-consensual pornography, but think of the trauma created as a direct result of a child going through things a child should never, ever have to experience. This will have a lifetime effect on that child. We know that. We see generational issues as a direct result of it.

That is the reason I like to think that every member of the House of Commons would look at the issue at hand and the principles of what we are talking about and want to take some initiative to minimize it. Members need to talk to the stakeholders. I have had the opportunity in different ways over the last number of years to do so. It is one the reasons I was very glad to see the government legislation come forward.

I was hoping to get clarification from the member on Bill C-270. He may be thrown off a little because of Bill C-63, which I believe will be of greater benefit than Bill C-270. After listening to the member speak though, I found out that the Conservative Party is apparently looking at voting against Bill C-63.

We come up with things collectively as a House to recognize important issues and put forward legislation that would have a positive impact, and I would suggest that Bill C-63 is one of those things. I would hope the member who introduced this private member's bill will not only be an advocate for his bill but be the strongest voice and advocate within his own caucus for the online harms act, Bill C-63, so we can get the support for that bill. It would literally save lives and take ungodly things off the Internet. It would save the lives of children.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Madam Speaker, I thank the member for bringing forward this private member's bill, which directs our attention to some really important problems.

Is the member familiar with the report from the Department of Justice on cyber-bullying and non-consensual distribution of images from just a year ago, which takes quite a different approach from his bill and says we need to rewrite the existing offence so it is easier to prosecute and include measures, which are now in Bill C-63, to allow forfeiture, seizure, restitution and peace bonds in connection with these kinds of things?

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Madam Speaker, Bill C-63 has no criminal offences around the uploading of this kind of content. In this bill, it would be a criminal offence to upload. We want to make sure this content never hits the Internet. A 24-hour takedown period is not good enough. We want to ensure that companies are doing their due diligence to ensure that their content is of people who are of age and that people consent to it.

An important piece of this bill is also that, if somebody has made a written request saying they revoke their consent, immediately that content must come down.

[Chris Bittle, Liberal, Parliamentary Secretary to the Minister of Housing]

Madam Speaker, the topic that the member is dealing with is particularly important. One of the arguments that he is making is with respect to taking down this heinous material online. I agree with him. However, the bill does not make any provisions for it.

Bill C-63, which is government legislation, does make provisions for taking down these types of heinous materials. The member's leader has said that he would vote against it. I wonder if the hon. member will be supporting Bill C-63 or if he is going to stick with what is here that would not accomplish the objectives that he is seeking, which I hope we would all be in favour of.

Government Responses to Order Paper Questions

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, I support this question of privilege in light of the violation of government's obligation to answer an Order Paper question, but I also add to it, considering how the government has taken steps to take control of the Internet in Canada.

It has done this through legislation like Bill C-11, which centralizes regulatory control of what Canadians can see, hear and post online based on what the government deems “Canadian”.

In addition, I highlight Bill C-18, which has resulted in the government being one of the biggest gatekeepers of news in Canada. This is a major conflict of interest and a direct attack on journalistic integrity in this country.

Now, most recently, through Bill C-63, the government proposes to establish an entire commission, yet another arm of the government, that would regulate online harm.

How can Canadians trust the government to police various aspects of the Internet if it cannot even be honest and tell the truth about the content requested to be taken down? Trust is pinnacle and frankly the government has not earned any of it. The truth must prevail.

Mr. Speaker, you have the opportunity to look into this and to get to the bottom of it, or you can keep us in the dark and allow secrecy and injustice to reign. I understand that you are the one to make this decision, and we are putting our trust in you to make sure that this place is upheld and democracy is kept strong.

Alleged Premature Disclosure of Bill C-63

[Andrew Scheer, Conservative, Regina—Qu'Appelle, SK]

Mr. Speaker, I wanted to make a very brief intervention in response to the government House leader's parliamentary secretary's response to my question of privilege on Bill C-63 and the leak that occurred.

The parliamentary secretary's 25-minute submission extensively quoted the Internet. What it did not do, however, was explain exactly how the sources whom Travis Dhanraj and Rachel Aiello spoke to were lucky enough to state precisely which of the options the government consulted on would make it into the bill.

Had the reporting been based on the published consultation documents, the media reports would have said so, but they did not. They quoted “sources” who were “not authorized to speak publicly on the matter before the bill is tabled in Parliament.” The parliamentary secretary's implication that the sources were all stakeholders uninformed about the ways of Parliament is demonstrably untrue. CTV's source was “a senior government source”. The CBC attributed its article to “two sources, including one with the federal government”. Besides, had these sources actually all been stakeholders speaking about previous consultations, why would they have sought anonymity to begin with, let alone specify the need for anonymity, because the bill had not yet been introduced?

As I said back on February 26, the leakers knew what they were doing. They knew it was wrong, and they knew why it was wrong. We are not talking about general aspects of the bill that might have been shared with stakeholders during consultation processes. We are talking about very detailed information that was in the legislation and was leaked to the media before it was tabled in the House. That is the issue we are asking you to rule on, Mr. Speaker.

[Arif Virani, Liberal, Parkdale—High Park, ON]

My concluding remarks would be, with respect to Bill S-210 proposed by Senator Miville-Dechêne, that there are very legitimate questions that relate to privacy interests. We need to understand that age verification and age-appropriate design features are entrenched in Bill C-63, something that Monsieur Fortin seemed to misunderstand.

Second, the idea of uploading the age-verification measure such as one's government ID is something that has been roundly criticized, including by people like law enforcement, who'd be concerned about what that kind of privacy disclosure would do in terms of perpetuating financial crimes against Canadians.

What we need to be doing here is keeping Canadians safe by ensuring that their age-appropriate design measures have been informed by a conversation between law enforcement, government and the platforms themselves. There are examples of how to do this, and we're keen to work on those examples and to get this important bill into this committee so we can debate the best ways forward.

Thank you.

[Élisabeth Brière, Liberal, Sherbrooke, QC]

Thank you, Madam Chair.

Good morning, Minister. I'd like to thank you and your entire team for being with us this morning.

We are living in an increasingly divided world. Even though everyone is entitled to their own opinion, people are either for or against different issues. We are quick to put people into categories, to see them as being on one side or another and slap labels on them. In this increasingly complex world, and perhaps as my previous role taught me, I think it would help if people were more caring, attentive and open to each other.

In your opening remarks, you referred to Bill C‑63, which aims to protect children online. We have been hearing a lot about this bill. I have two questions for you.

First, do you believe that the definition of “hate speech” in Bill C‑63 will really make it possible to achieve the goal of protecting children online?

Second, the bill seems to apply pre-emptively, even before a person has said or done anything. I wonder if you could tell me your thoughts on that.

[Rob Moore, Conservative, Fundy Royal, NB]

Thank you, Minister.

Madam Chair, we'll have lots of time to debate Bill C‑63 in the future. I think the verdict is coming out very quickly on that. I want to use what's left of my time to now move my motion regarding former minister David Lametti on the issue of ex-judge Delisle, where the minister ordered a new trial.

I'm moving that motion now, Madam Speaker.