Serge Cardin

[Telecommunications, November 26th, 2010]

Mr. Speaker, workers in the telecommunications sector are very worried about this government's stubborn resolve to relax restrictions on foreign ownership in the telecommunications industry.

When will this government admit that increasing foreign ownership of Quebec and Canadian broadcasters will mean fewer jobs and less protection for our culture?

[Telecommunications, November 26th, 2010]

Mr. Speaker, the Minister of Industry is preparing to open wireless spectrum auctions to foreign carriers. The Standing Committee on Industry, Science and Technology examined this issue last spring and arrived at the conclusion that foreign ownership of telecommunications companies would not increase competition and would only jeopardize Quebec and Canadian content broadcasting.

Will the minister realize that authorizing foreign takeovers of telecommunications companies will open the doors to mergers and acquisitions in this sector and will not increase competition?

[Fighting Internet and Wireless Spam Act, November 23rd, 2010]

Madam Speaker, as I mentioned in my speech, spam is a major problem. What makes it worse is the anonymity behind which people can hide. The system must make it possible to easily identify the source of these emails and the people who are contravening the act and regulations, in order to intervene as quickly as possible. We must raise awareness in the general public, which is inundated by spam, of the importance of acting quickly in order to eliminate as much as possible of this cancer that is invading the lives of businesses and people who use the Internet and the systems themselves. We must eliminate this scourge with the assistance and the co-operation of Canadians, once they have been informed and educated about this problem.

[Fighting Internet and Wireless Spam Act, November 23rd, 2010]

Madam Speaker, clearly, there are provisions for fines and, the member is right, there is no indication that any jail sentences will be handed down. Clearly, we need to create legislation that includes deterrents to prevent people from committing such crimes. How can we do so at this stage, and more importantly, how do we determine the sentences that should apply? Unfortunately, I did not consider that aspect. I am open to suggestions, however, and perhaps even amendments from the member. We will be able to have a closer look at this, analyze it and perhaps even make some recommendations regarding sentences that could go along with the fines imposed.

[Fighting Internet and Wireless Spam Act, November 23rd, 2010]

Madam Speaker, we support Bill C-28 in principle, even though it contains certain elements that we must come to terms with. As I said, it has taken too long to pass this kind of legislation to protect all of our networks and individuals, while the Internet and computer industry are evolving with lightning speed.

We must always remain ahead of the game, because those who use the Internet and spam to do business and hassle people know how to move quickly. As soon as we find solutions, they find new ways around them.

We need to work together. A great deal of spam is sent to Canada and Quebec. It is therefore important to raise people's awareness about this problem.

I have to wonder if users are perhaps too tolerant. They should act quickly as soon as they receive spam that invades their computers and their lives. It should be a spontaneous reaction.

Existing legislation and international agreements do not go as far as they should, but there is always room for improvement. That is precisely what the Bloc Québécois wants to do.

[Fighting Internet and Wireless Spam Act, November 23rd, 2010]

Madam Speaker, I rise here today to speak to Bill C-28, once known as the Fighting Wireless and Internet Spam Act.

I would like to begin by saying that the Bloc Québécois is in favour of the principle of Bill C-28, which was previously known as Bill C-27, but which died on the order paper at prorogation. A number of minor changes have been made, but the overall text, its objectives and key elements remain the same.

New legislation that specifically targets unsolicited commercial electronic messages has been needed and requested by society as a whole for some time now. Governments, Internet service providers, network operators and consumers are all affected by the problem of spam. Preserving the efficiency of legitimate electronic commerce is a vital and pressing issue. Not only are commercial emails sent with the prior and ongoing consent of the recipient important to electronic commerce, but they are also essential to the development of the online economy.

The Bloc Québécois is pleased to see that Bill C-28 takes into account most of the recommendations in the final report of the task force on spam. On the other hand, we are upset that the legislative process has taken four long years. Computer technology is evolving at astonishing speeds, and spammers keep finding new ways to achieve their goals. Accordingly, consideration of the bill in committee should give many industry stakeholders and consumer protection groups an opportunity to express their views on the proposed Electronic Commerce Protection Act. A number of other points also need to be examined in committee and I will come back to those points later on in my speech.

The task force on spam was struck in 2004 to look into this problem, which is constantly evolving, and to find ways of dealing with it. The task force heard from Internet service providers, electronic marketing experts and government and consumer representatives.

In all, more than 60 stakeholders took part in the discussions, providing input on issues such as legislation and law enforcement, international co-operation, and public education and awareness. In addition to launching an Internet-based consumer awareness campaign entitled “Stop Spam Here” to inform users of steps they can take to limit and control the volume of spam they receive, the task force on spam presented its final report to the Minister of Industry on May 17, 2005.

Entitled “Stopping Spam: Creating a Stronger, Safer Internet”, this report calls for new, targeted legislation and more rigorous enforcement to strengthen the legal and regulatory weapons that Canada could use in the global battle against spam.

The report also supports the creation of a focal point within government for coordinating the actions taken to address the spam issue and other related problems like spyware.

Among the report's key recommendations are more vigorous legislation and enforcement and legislation to prohibit spam and protect personal information and privacy, as well as computers, emails and networks.

The proposed legislation is designed to allow individuals and companies to sue spammers and hold any businesses whose products and services are promoted using these means partially responsible for spamming activity.

In addition, new and existing resources of the organizations responsible for the administration and enforcement of anti-spam laws should be strengthened.

The task force recommended creating a centre to coordinate the government's anti-spam initiatives. This focal point would coordinate policy and education campaigns and support law enforcement efforts. It would also receive complaints and compile statistics on spam.

To curb the volume of spam reaching users, the task force developed a series of industry best practices for Internet service providers, network operators and email marketers. Examples include allowing ISPs and other network operators to block email file attachments known to carry viruses and to stop emails with deceptive subject lines.

As well, email marketers would be required to obtain informed consent from recipients to receive emails, provide an opting-out mechanism for further emails and create a complaints system. The report recommends that these groups voluntarily adopt, regularly review and enhance the best practices.

To help change people's online behaviour, the task force created an online public education campaign called “Stop Spam Here”. Launched in 2004, the website offers consumers, volunteer organizations and businesses practical tips for protecting their personal information, computers and email addresses. The task force recommended that all partners continue to enhance the site's content.

Since most of the spam reaching Canadians comes from outside the country, international measures to stem spam are vital. Therefore, the task force proposed that the government continue its efforts to harmonize anti-spam policies and to improve cooperation among all countries to enforce anti-spam laws.

Four years later, on April 24, 2009, the Government of Canada finally introduced new legislation to protect electronic commerce, namely, Bill C-27. Inspired primarily by the final report of the task force on spam, Bill C-27 established a framework to protect electronic commerce. To achieve that, the bill would enact the new Electronic Commerce Protection Act, or ECPA. Basically, this act would set limits on the sending of spam.

Spam can be defined as any electronic commercial message sent without the express consent of the recipient. It can be any electronic commercial message, any text, audio, voice or visual message sent by any means of telecommunication, whether by email, cellular phone text messaging or instant messaging. Considering the content of the message, it would be reasonable to conclude its purpose is to encourage participation in a commercial activity, including an electronic message that offers to purchase, sell, barter or lease a product, goods, a service, land or an interest or right in land, or a business, investment or gaming opportunity.

Note that the following types of commercial messages, which appear in clause 7, are not considered to be spam: messages sent by an individual to another individual with whom they have a personal or family relationship; messages sent to a person who is engaged in a commercial activity and consists solely of an inquiry or application related to that activity; messages that are, in whole or in part, an interactive two-way voice communication between individuals; messages sent by means of a facsimile to a telephone account; messages that are a voice recording sent to a telephone account; a message that is of a class, or is sent in circumstances, specified in the regulations.

This means that, under this legislation, sending spam to an electronic address—email, instant messenger, telephone or any other similar account—would be prohibited. The only circumstances under which it would be allowed is when the person to whom the message is sent has consented to receiving it, whether the consent is express or implied

In addition to being in a form that conforms to the prescribed requirements, the message will have to make it possible to identify and contact the sender. Lastly, the message must include an unsubscribe mechanism, with an email address or hyperlink, so that the recipient can indicate that he or she does not want to receive any further commercial electronic messages from the sender.

The bill would also prohibit altering the transmission data in an electronic message so that it is delivered to destinations other than that specified by the initial sender. In addition, the bill would prohibit installing a computer program on another person's computer and sending an electronic message from that computer without the owner's consent.

There are provisions for administrative recourse. Anyone who contravenes, even indirectly, any of these provisions would be liable to an administrative monetary penalty, or AMP, if the computer used is located in Canada. The maximum AMP is up to $1 million for individuals and up to $10 million in all other cases. The Canadian Radio-television and Telecommunications Commission, the CRTC, will be responsible for investigating complaints and, when necessary, imposing the penalties. Furthermore, the CRTC will have the authority to apply for an injunction if it finds that a person is about to or is likely to carry out a violation.

In order to carry out these inquiries, the CRTC would have interesting powers. It could require a person to preserve transmission data, produce a copy of a document that is in their possession or prepare a document based on data, information or documents that are in their possession. It could even conduct a site visit in order to gather such information or, if necessary, to establish whether there was a violation under clauses 6 to 9. Note that it will have to get a warrant from a justice of the peace prior to entering premises.

An individual who refuses or fails to comply with a demand under clauses 15, 17 or 19 will be guilty of an offence and subject to a fine of up to $10,000 for a first offence and up to $25,000 for repeat offences. Businesses will be subject to a fine of up to $100,000 for a first offence and $250,000 for repeat offences.

There are also private remedies. Bill C-28 provides for the creation of a private right of action, modelled on U.S. legislation, that would enable businesses and individuals to initiate civil proceedings against any person who contravenes clauses 6 to 9 of the new act.

If the court believes that a person has contravened any of these provisions, it may order that person to pay an amount corresponding to either the loss or damage suffered or the expenses incurred. If the applicant is unable to establish these amounts, the court may order the applicant to be paid a maximum amount of $200 for each contravention, up to a maximum of $1 million.

Bill C-28 also proposes an extension of the co-operation and information exchange powers for anything that has to do with the Competition Act, the Telecommunications Act or the Personal Information Protection and Electronic Documents Act.

For example, any organization to which part 1 of that act applies may on its own initiative disclose to the CRTC, the Commissioner of Competition or the Privacy Commissioner any information in its possession that it believes relates to a violation of the act. The CRTC, the Commissioner of Competition or the Privacy Commissioner must also consult with each other and may share any information necessary to carry out their activities and responsibilities in accordance with the act.

Over the years, unsolicited commercial electronic messages have turned into a major social and economic problem that undermines the business and personal productivity of Quebeckers. Not only does spam impede the use of email for personal communication, but it also threatens the growth of legitimate e-commerce.

The Internet has become an essential tool for commerce and communication in general. According to the government, the online marketplace represents an important segment of the Canadian and Quebec economies. In fact, there was $62.7 billion in sales in 2007. In 2009, e-commerce reportedly surpassed $8.75 trillion. But the Internet and e-commerce are also becoming increasingly vulnerable and threatened.

Spam accounts for more than 80% of global electronic traffic, which results in considerable expenses for businesses and consumers. Spam is a real nuisance. It damages computers and networks, contributes to deceptive and fraudulent marketing scams, and invades people's privacy. On a larger scale, spam directly threatens the viability of the Internet as an efficient means of communication, undermines consumer confidence in legitimate e-businesses and hinders electronic transactions. And in the end, everyone loses.

The need for new legislation dealing with unsolicited electronic messages has been urgent for far too long. The Bloc Québécois is pleased to see that Bill C-28 covers most of the recommendations made by the task force on spam. However, we deplore the fact that the legislative process has taken four long years. Computer technology is evolving at astonishing speeds, and spammers keep finding new ways to achieve their goal. In terms of information technology, four years is an eternity.

Consideration of the bill in committee should give many industry stakeholders and consumer protection groups an opportunity to express their views on the relevance of new electronic commerce protection legislation. The committee should also study the exchange of information between the CRTC, the Commissioner of Competition and the Privacy Commissioner. And while we want these exchanges to take place in order to maximize the efficiency of the ECPA, any personal information that is shared must always remain confidential. This is even more critical because this information could be shared with foreign states. The question of vigilance in relation to protecting commercial ties between businesses and consumers will also be studied in committee. And although the ECPA's provisions on this subject may seem to be sufficient, industry evidence must be considered because this legislation cannot slow down the use of the Internet as a catalyst for and facilitator of trade.

[Constitution Act, 2010 (Senate term limits), November 17th, 2010]

Mr. Speaker, I thought I had addressed this in my previous statement. Clearly, we cannot be certain that the Senate will take the same direction as the House of Commons. The Senate majority makes all the difference. The goal of every successive government is to obtain a majority. Currently, the Senate must approve the decisions of the House. If the Senate blocks a bill, something is not working. If a bill is passed by a majority of the 308 elected members of the House, which is the ideal situation, the Senate should approve that bill unless the Senate finds that the bill contains fundamental technical errors that the members of the House did not see and that could be corrected through amendments by the Senate.

Given the potential for abuse, as mentioned by the hon. members of the NDP, Canada may have to look into a new way of doing things. In our opinion, the Senate should be abolished.

[Constitution Act, 2010 (Senate term limits), November 17th, 2010]

Mr. Speaker, the fundamental question is this: what is the purpose of the Senate? Originally, those who created our Constitution intended the Senate to be a safeguard or an element of protection. It is meant to guard against foolish decisions. There may have been some aberrations at some point. The Senate was intended to be a chamber of sober second thought, a chamber of people who could make wise decisions about whether what the House of Commons was doing was acceptable for the public.

Now, the government wants to set senate term limits. As the member said, the Senate has a specific affiliation; it has specific interests to defend, which are normally those of the government and the political party in power. Senators are appointed along party lines, with a specific affiliation. All the Senate does is support the party in power. The opposition is no longer able to strongly oppose bills that the government wants to pass. Some members give in and do not express public opposition to a bill, since the Senate would support it regardless, even if it goes against the wishes of the public.

That said, we would be better off to abolish the Senate and to find other safeguards.

[Constitution Act, 2010 (Senate term limits), November 17th, 2010]

Mr. Speaker, the hon. member mentioned the age limit of 75. In 1867, senators were appointed for life, which truly meant “for life”. A multitude of caricatures in various newspapers ensued over the years. It was only relatively recently that the age limit was set at 75. This is a perfect example of something that did not require the Constitution to be reopened. Nonetheless, if the Constitution were to be reopened, it would be for more reasons than just limiting Senate terms to eight years.

What exactly is the government hoping to achieve by limiting the terms to eight years and what does that have to do with the age limit of 75? Does the government want to appoint older senators with more experience?

Something does not add up. We know full well, and many agree, that this would take a constitutional change and that the government does not have the right to go over the head of Quebec and provinces.

The hon. member also referred to polls in Quebec. In fact, the majority of Quebeckers think that the Senate has no worth in its current form and even more Quebeckers are in favour of abolishing the Senate. If they were asked specifically whether they prefer an eight-year term over an age limit of 75, they would definitely say yes. However, the best move would be to abolish the Senate.

[Constitution Act, 2010 (Senate term limits), November 17th, 2010]

Mr. Speaker, you are most generous to give me six minutes for my speech and ten minutes for questions. I will not let them go to waste.

On May 25, I spoke about Bill C-10, which aims to limit the term of senators appointed after October 10, 2008, to eight years. It would be retroactive for two years since it is now November 2010.

The Canadian Constitution is a federal constitution. Accordingly, there are reasons why changes affecting the essential characteristics of the Senate cannot be made unilaterally by Parliament and must instead be part of the constitutional process involving Quebec and the provinces.

The Conservatives want to strengthen the Constitution by ignoring the provinces and Quebec. In the late 1970s, the Supreme Court of Canada considered the capacity of Parliament to independently amend constitutional provisions relating to the Senate. According to the ruling it handed down, decisions pertaining to major changes affecting the Senate's essential characteristics cannot be made unilaterally.

In 2007, Quebec's National Assembly unanimously adopted the following motion:

That the National Assembly of Québec reaffirm to the Federal Government and to the Parliament of Canada that no modification to the Canadian Senate may be carried out without the consent of the Government of Québec and the National Assembly.

The government has to amend the Constitution to make these sorts of changes to the Senate. The Senate itself and other issues could potentially be on the table. Quebec would be prepared to discuss an even wider range of issues, but we know that that is not likely to happen any time soon.

It would be simpler to propose that the Senate be abolished. We all know that the Senate serves only the interests of the party in power, the Conservative Party. Senators are appointed, not elected. If we were forced to keep the Senate in perpetuity, I would strongly advise that the Senate be elected and that the senators have no connection with the other parties in the House of Commons.

Senators are appointed to serve the government's interests. Let us look at my riding, for example. One of the senators lives in Sherbrooke, but he is not the senator for Sherbrooke. The senator who represents Sherbrooke does not live there. So there is a problem right from the start.

In 1867, it was probably called a senate duchy. Now, it is called a senate division. Sherbrooke is in the senate division of Wellington. Léo Housakos is the senator for that senate division. The senator who lives in Sherbrooke is Pierre-Hugues Boisvenu, who represents the senate division of Lasalle.

There is no sense of belonging, aside from the basic connection the senators have with the government. I have two quick examples.

The first example concerns Mr. Housakos, a big financier who gets money for the government. The newspapers have given a fair bit of coverage to his connections in the financial community.

The second example concerns Pierre-Hugues Boisvenu from Sherbrooke. This man has suffered some devastating losses in his lifetime. He was an advocate for victims' rights and victim protection, but unfortunately, now he is an advocate for law and order and the government's “tough on crime” agenda.

We can see that this has nothing to do with real life. The senators exist only to serve the government and the party in power. To paraphrase Quebec humorist and realist Yvon Deschamps, what is the point of the Senate?

It should just be abolished.