Bill C-32 (Historical)

An Act to amend the Criminal Code and other Acts

Criminal Code

[Mario Laframboise, Bloc, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, it is a pleasure for me to speak today on Bill C-32, An Act to amend the Criminal Code and other Acts. For the benefit of those Quebeckers and Canadians listening, I will summarize the four important points that have convinced the Bloc Quebecois to support this bill.

The first establishes more serious offences for placing, or knowinglypermitting to remain in a place, a trap, device or other thing that islikely to cause death or bodily harm to a person. The second permits the use of as much force as is reasonably necessary onboard an aircraft to prevent the commission of an offence that wouldbe likely to cause immediate and serious injury to the aircraft or toany person or property in the aircraft. The third modifies the provision dealing with the provision of informationon oath in relation to weapons. Finally, the fourth creates an exemption to the offence of intercepting privatecommunications in order to protect computer networks.

Clearly, for the most part, the Bloc Quebecois will support the government on this bill, including the new offence about placing traps, for some obviously fundamental reasons.

This is now a scourge. The presence of organized crime in growing marijuana, sold in large quantities on the black market, has led to serious offences. To protect crops in homes or fields, criminals have invented all kinds of systems.

Obviously, the purpose of amending section 247 of the Criminal Code is to create harsher sentences for individuals committing criminal acts and who, by placing traps, cause serious harm to individuals. The Bloc Quebecois can only support the harsher sentencing proposed under section 247 of the Criminal Code.

Currently, this section establishes a maximum five-year term of imprisonment for every one who, with intent to cause death or bodily harm to persons, sets a trap that is likely to cause death or bodily harm to persons, no matter where it might be. Obviously, right now, it is only a five-year term for individuals setting traps and causing death or bodily harm.

The bill before us proposes stiffer penalties. If a trap actually causes harm, there would be a 10-year sentence. If a person sets a trap in a place used for a criminal purpose, the maximum sentence would be 10 years. If a trap set in a place used for a criminal purpose actually causes harm, the maximum sentence would then be 15 years. Finally, if the trap causes death, the maximum sentence would be life imprisonment.

Of course, you will have realized that this bill is based on a request by the International Association of Fire Fighters and other intervenors who have suffered injuries when responding to fires. We are seeing this often in everyday life: many fires are caused by people who grow marijuana for criminal purposes. They do it because it is profitable, of course, but such operations require very substantial electrical systems. Firefighters are responding to more and more fires in these situations. The law must be adjusted to fit the reality, since such operations are being discovered week after week.

The riding of Argenteuil—Papineau—Mirabel is obviously a beautiful area with woods, forests, lakes and rivers. At first, marijuana was only cultivated in corn fields. Now it is grown in the forests, often in privately-owned forests.

Marijuana growers often buy the land, or lease land from dealers who have purchased it. They put up lots of signs saying “Private property—Keep out”. Often, there will be a triggering system that—when someone enters the land—sets off a firearm or another device that could cause bodily harm.

In any event, all this is done by criminals to keep people away, sometimes men and women who simply want to take a walk in the forest.

Obviously, these systems have been refined. Marijuana is now longer only cultivated in corn fields or forests, but more and more in urban areas, inside houses.

So, in order to protect the crops, all kinds of more or less sophisticated equipment is installed to try to discourage visitors and keep away unwanted people. These are often honest citizens who want to visit properties, who knock on doors for whatever reason. That is when they find out who they are dealing with.

Fire fighters and police officers and others who arrive on the scene are confronted with threats to their safety or are injured by traps and other devices designed to keep people out.

It is important to understand this, to strengthen this bill and set appropriate sentences for all of these criminal acts. It is unthinkable that in our society right now there are criminal groups that use devices that harm others in an attempt to protect their criminal investments.

Again, the Bloc Quebecois supports these amendments to section 247 of the Criminal Code to strengthen measures and to apply the maximum sentence, imprisonment for life for any person who causes death by setting a trap or device to discourage visitors.

Obviously, the whole issue of marijuana is complex for people who are following this debate. The cultivation of marijuana is completely illegal. Cultivation is not allowed; however, people do have questions because of legislation passed by Parliament.

People need to understand that there is a certain type of use of marijuana that is permitted. This is the use of marijuana for therapeutic purposes. This use was recognized right here in the House. Legislation was passed to allow individuals who need it to obtain permission to use marijuana for therapeutic purposes.

Obviously there has been so much controversy that, as we speak, even those who have authorization have had it withdrawn. In the next few weeks I shall have an opportunity to bring to the House a petition specifically intended to support those who need marijuana for therapeutic purposes for an illness. We are not talking about just any ordinary sickness, but of serious and fatal diseases. Often these people find comfort in the therapeutic use of marijuana. It is as simple as that, and it is legal.

This is hard for our audience to understand. Marijuana is illegal, growing it is illegal, but there are patients who need it who can obtain permission for its therapeutic use, on a doctor's recommendation.

This has, however, become so complicated that even doctors no longer dare make recommendations. Yet this use is permitted by law for therapeutic purposes, by prescription of course. That is why the Government of Canada has even authorized the government-monitored growing of marijuana to provide a supply on the legal market for patients needing it for therapeutic purposes.

It must be kept in mind, however, that there is currently a whole debate going on at the Department of Justice as well as within the opposition parties on the legalization of marijuana. Marijuana is still illegal. If someone is picked up by the police on simple possession, he or she will end up with a criminal record and all the problems that go with it. Parliament is looking at how marijuana can be made legal. If someone has in his possession an amount of marijuana that is under a certain amount—what is termed simple possession—only for personal use, this would no longer result in a criminal record. It would be decriminalized. This position, which is being discussed in Parliament, will come to pass very soon, or so we hope.

Marijuana is still illegal, however, as is its cultivation. This is particularly the case when it is passed around by people in a group or when criminal organizations are involved.

In that context, I will remind members of the position of the Bloc Quebecois and the very important motions that it proposed when Bill C-24, the anti-gang legislation, was before the House. These motions dealt with those people who grow marijuana and become criminals.

Those who are watching us today must understand. People often think that there is nothing wrong in growing marijuana to earn a little extra cash to make ends meet. However, it is still a criminal activity. When Bill C-24, the anti-gang legislation, was passed, the Bloc Quebecois was calling for much stricter measures for gang members.

We proposed two measures. The first was to criminalize passive membership in a gang. This did not necessarily mean wearing the colours of biker or other gangs, but it applied to those who grow marijuana knowing that it is bought by criminal organizations and sold on the black market through a network and so on.

We wanted Bill C-24, the anti-gang legislation, to criminalize passive membership in a gang, but the Liberal government rejected the idea. Again, this would have sent a clear message to those men and women who may decide to grow marijuana just for fun, to make a little extra cash. Then they expand their operation. They do that in their own home and find it quite amusing. They sell their crop and make some money. Doing that is just like being a member of a criminal organization. Obviously, should the opportunity arise, the Bloc Quebecois would recommend once again that the anti-gang legislation be amended to criminalize passive membership in a gang.

Second, what we wanted, when the anti-gang legislation, Bill C-24, was adopted, was to reverse the burden of proof. Currently, the burden of proof rests on the State or the Crown. People are innocent until proven guilty. What we wanted, once it had been proven beyond all reasonable doubt that an accused belonged to a criminal organization, was for the Crown not to have to prove that the former's assets were the proceeds of criminal activities. We wanted, once it was proven that a criminal was part of a crime gang—so he was automatically considered a member of the gang and as having committed criminal acts—then, for that individual to prove how he had acquired his assets.

Once again, it is too easy for some criminals to get off. It is all too easy for criminals to get off, but they keep their assets because the Crown has not managed to prove that these are the proceeds of a crime.

The solution was simply to reverse the burden of proof. In this respect, the Bloc Quebecois was not alone in making this proposal. This proposal has been adopted by other countries. I will name the other countries that enacted legislation in which the burden of proof with regard to the proceeds of crime has been reversed. They are Australia, Austria, France, Greece, Ireland, Italy, Japan, New Zealand, Singapore, Switzerland and Great Britain. Each of these countries has reversed the burden of proof. More may do so too.

Again, this would be a wake up call for the men and women who, too often, do this for fun. They do not think it is very dangerous to grow marijuana on private land or property belonging to other people, or at home. They make a bit of cash. All this to say that these people are clearly members of criminal organizations. They are criminals.

If Bill C-24, the anti-gang legislation, had been amended the way the Bloc Quebecois wished, these people would have been considered passive criminals. Then, if the burden of proof had been reversed, we would have even been able to get at their assets and say, “You are going to have to prove to us that you acquired all the assets you now possess in some way other than through crime and, if you cannot, we will seize them all: your car, boat, motorcycle and ATV”. Of course, that would cover all the assets these persons might own which they could not prove they had acquired by honest means.

That is the position the Bloc Quebecois is defending and will always defend, with respect to the proceeds of crime.

Once again, with regard to the bill before us this morning, the Bloc Quebecois is in favour of the amendment to section 247 of the Criminal Code whose purpose is to increase the penalties for those who set traps to defend places used for criminal purposes, such as growing marijuana.

This bill also makes it possible to use force on board an aircraft. At present, the Criminal Code of Canada gives any citizen the right to use necessary force to prevent commission of a criminal act. Obviously, what this bill adds is clarification. If you find yourself on board an aircraft registered in Canada, flying outside Canadian airspace, you are permitted to use the necessary force to prevent commission of a criminal act.

Obviously, this is in response to the events of September 11, 2001, and to the Tokyo convention. This authorizes, among other things, the use of necessary force to prevent the commission of a criminal act on board an aircraft.

I will conclude with a comment on intrusion detection systems. In its explanations, the department asks for the power to authorize the use of intrusion detection systems. That could be in conflict with the respect for privacy. The Bloc Quebecois has serious concerns regarding the protection of privacy. We do not want personal information to become the property of the state in such cases.

[Gurmant Grewal, Canadian Alliance, Surrey Central, BC]

Mr. Speaker, I am pleased to rise on behalf of the residents of Surrey Central to participate in the debate on Bill C-32, an act to amend the Criminal Code and other acts.

I listened to the minister's speech very carefully. Some of the things the minister has proposed have been long overdue.

The bill would amend the Criminal Code to establish more serious offences for placing a trap that could harm someone; emphasize that the use of reasonable force on board an airplane to prevent the commission of an offence is permitted; comply with a court decision regarding weapons searches; and create an exception to the offence of intercepting private communications to protect computer systems. These are the various elements of the bill.

I am particularly pleased to see that the bill would create a Criminal Code offence of setting a deadly trap in a place used for a criminal purpose. This would protect first responders, like firefighters, police officers or other law enforcement officials, who respond to an incident by going there first and then falling into that trap.

The lives of these firefighters and police officers could be endangered by entering such a place in the performance of their duties. Therefore it is our responsibility to protect them.

The maximum sentence for this offence depends on the outcome of the situation. It is generally 10 years. If injury occurs, the maximum sentence is 14 years. If death occurs, the maximum sentence is life imprisonment.

Currently section 247 of the Criminal Code provides for the offence of setting a trap with a maximum sentence of just five years imprisonment.

The House will recall that in 2001 I introduced Motion No. 376 which called upon the government to amend the Criminal Code to expand the definition of first degree murder to include the death of a firefighter acting in the line of duty and to add language that addressed the death or injury of a firefighter engaged in combating a fire or an explosion that was deliberately set. We debated the motion in March of last year. I am very happy to see that the government is finally addressing this important issue through Bill C-32.

Everyone recognizes that firefighters play an important role in our Canadian society, protecting persons and property as they rescue their fellow citizens and extinguish fires. We acknowledge that firefighting is a hazardous occupation with the inherent risk of injury or death. Firefighting is four times as hazardous as any other occupation but commands the highest public trust and respect; more than any other profession.

The number of deaths and injuries sustained by firefighters continue to rise in Canada. When such casualties are the result of either deliberate action or carelessness on the part of members of the public, then a true tragedy occurs. It is saddening to know there were 13,724 arson fires in Canada last year. I was alarmed that over 30%, or one-third, of fires in my home community of Surrey were as a result of arson.

A high percentage of them contain booby traps. There have been arson fires in schools. There have been arson related fiery explosions in residential neighbourhoods. These fires are disturbing. Some are caused purely by mischief, but many more have been set with more sinister intentions of covering up illegal activities like marijuana grow ops, methamphetamine labs or other drugs or illegal trade organized crime related activities.

At other times firefighters respond to calls only to find the premises booby trapped with crossbows, propane canisters ready to explode, cutaway floorboards or other serious but intentional hazards. It has also been reported that the criminals, those monsters, will tie wires to the doors and when the doors are opened to the premises weapons will fire at the individual or some sort of explosion will take place. Even the electric power switches have been connected to such disastrous tools. These malicious devices are intended to kill or injure anyone who interferes with a drug operation, including firefighters, police officers and other law enforcement officers.

Firefighters in Surrey are especially at risk considering the growing number of marijuana growing operations that plague the city. The RCMP recently announced that there are 4,500 marijuana grow ops in the city of Surrey. That represents about 6% of the city's households. It is said that there is not one block in Surrey where one cannot find a marijuana grow op. Marijuana grow ops are probably a $6 billion industry in British Columbia.

In one neighbourhood there is a street with 12 houses, nine of them built in the last year and a half. Six of the 12 houses have been linked to illegal marijuana grow ops. These are not mom and pop operations. They are controlled by organized crime, often by gangs who are increasingly buying new homes to conceal their illicit crops.

B.C. Solicitor General Rich Coleman believes the problem stems from the way in which the Canadian judicial system treats marijuana cultivation and trafficking. While in neighbouring Washington State a first offence carries a minimum three month jail sentence, in British Columbia a person can be charged seven times and never see the inside of a jail cell. According to Mr. Coleman, in British Columbia 82% of people charged do not go to jail or even receive a serious fine. They receive a slap on the wrist and off they go. Sometimes the fines are so low and the value of the crop is so high, even from one plant sale, that they can pay the fine and the rest is profit. It is shameful.

In the 2001 B.C. yellow pages there are 508 advertisements for hydroponics equipment. For obvious reasons, I do not think it is because everyone is growing hydroponic orchids. There have even been TV ads selling hydroponic equipment. For what? Just for marijuana grow ops.

The glaring deficiencies within the Criminal Code of Canada fail to allow on duty firefighters the same provisions as on duty police officers, which places their lives at greater risk. Instances are becoming more prevalent where firefighters working in cooperation with law enforcement officers are used on the front lines to break down doors or other barriers to drug related operations and labs. In these cases the armed police officers are standing behind the firefighters who are the unarmed first line of defence out there on the front lines.

The situation is getting worse. These drug related incidents are regrettably on the rise. Realistically, the work environment of firefighters has been dramatically altered.

It is time that our law afforded protection under the Criminal Code for our firefighters who serve and protect communities in the line of duty. At least there should be some deterrent in place, not a motivation to commit a crime or such serious criminal activities. A deterrent is needed.

The Criminal Code needs to be strengthened by including criminal infractions, such as deliberately setting fires or causing some other kind of explosion or hazard that needlessly places the lives of firefighters at risk. It is imperative that legislative amendments be made as promptly as possible to afford protection to the men and women who place their lives at risk in the service of our communities.

My motion called on the government to amend subsection 231(4) of the Criminal Code dealing with first degree murder and section 433 dealing with the offence of arson to specify that a person is liable to a minimum of life imprisonment. I received many letters of support for my motion from firefighter groups both locally and nationally.

On behalf of its 17,000 Canadian members, the International Association of Fire Fighters repeatedly expressed its support for my motion and in fact, appreciation for my efforts on behalf of its members.

The Surrey Firefighters Association, on behalf of its 350 members in my riding, the professional firefighters of the city of Surrey, expressed its appreciation and support for the motion which was debated in the House. However, the Liberal members did not support it and of course it was not votable. I was not lucky to win a draw to make it votable.

The Canadian Association of Fire Chiefs has 1,000 members. Its executive committee unanimously supported that motion and applauded me for my efforts.

It is time our nation protected the protectors. I am pleased that the government is finally listening today.

Let me move on to consider some of the other amendments proposed in Bill C-32.

Bill C-32 proposes to amend the firearms search and seizure warrant provisions of the Criminal Code to bring the law into line with the recent Ontario Court of Appeal decision in R. v. Hurrell.

Section 117.04 of the Criminal Code sets out the procedure for a peace officer to apply for a warrant to search for and seize weapons, prohibited devices, ammunition, explosives or any licence, authorization or registration certificate for such items based on public safety concerns.

To obtain such a warrant the peace officer must satisfy a justice that there are reasonable grounds to believe that the person possesses these things and that it would not be desirable, in the interest of safety of course, to let the person continue to possess them.

In R. v. Hurrell, weapons searches under section 117.04(1) of the Criminal Code were ruled unconstitutional. The court found that the warrant application section did not include enough protection of individual rights since it was not clear that a peace officer had to have reasonable grounds to make an application for the warrant.

The court gave Parliament time to react to the decision. This amendment is the result of the time given to Parliament to deal with this issue.

The bill amends the Criminal Code to require that an officer must have reasonable grounds to believe that a person is in possession of a weapon and that it is not in the interest of the person to possess the weapon before a warrant may be issued.

The bill also provides for the civil enforcement of restitution orders. That is the third element of the bill. On occasion, offenders convicted of a crime are ordered to make restitution to their victims. Often this involves an order to pay a certain amount of money as compensation for the wrong committed or the injury suffered.

Currently, criminal restitution orders are only enforceable by a civil court action if the order is separate from the sentencing order. The amendment will allow civil enforcement of all restitution orders. It will thus make it easier to collect money owing under an order.

Bill C-32 also amends the Criminal Code to explicitly recognize that everyone on board any aircraft in Canadian airspace is justified in using reasonable force when he or she believes it is necessary to use force to prevent the commission of a criminal act that could endanger the safety of the aircraft or its passengers. We know that security issues are important.

Currently Canadian law recognizes this right, but it is not explicitly stated. The bill also clarifies that this justification also applies on board Canadian registered aircraft in flights outside Canadian airspace. The amendment will ensure the full effect of the Tokyo Convention On Offences and Certain Other Acts Committed on Board Aircraft.

Finally, Bill C-32 also contains amendments that may prove to be somewhat controversial due to perceived infringements on an individual's privacy.

Amendments to the Criminal Code and the Financial Administration Act would allow information technology managers in both government and the private sector to disclose the contents of private communications intercepted by intrusion detection systems, also called IDS, in certain circumstances.

The Criminal Code amendments allow for disclosure of intercepted private communications if the disclosure is necessary for the protection of a computer system and if the disclosure is made appropriately.

Intrusion detection is an essential part of information technology management intended to protect computers, networks and data and to ensure quality of service.

A number of systems or products exist to detect attacks on computer systems by hackers, viruses, worms, et cetera, and to alert human operators. We have all experienced that. Even in the House of Commons we have experienced that.

Some systems protect networks by identifying and intercepting suspicious electronic communications, including some that may be private communications. Those messages can be analyzed to determine if they contain a malicious program code, such as a computer virus that could attack a computer system and the data it contains.

Statistics confirm that cyber crime is growing and has a global reach that affects large corporate giants, government agencies, small companies and individuals at home. The amendments to the Criminal Code and the Financial Administration Act would allow information technology managers to protect their computer systems from electronic communications, such as these viruses that could harm them.

The Criminal Code amendment would create exceptions to the offences of intercepting a private communication and of disclosing its contents to ensure quality control in the communications industry.

The provisions of the bill relating to setting traps, use of force on an airplane and civil enforcement of restitution orders are all causes worthy of support.

The amendment regarding warrants for firearms searches is really nothing more than a response to the court decision. As a consequence, firearms owners should be more protected from an unreasonable search under this section.

The provisions regarding disclosure of private communications may prove to be controversial but the Criminal Code already provides for several exceptions where private communication can be intercepted and disclosed. The protection of computer systems is an important objective for government and businesses. Therefore incidental disclosure of private communications for this purpose may be tolerable.

If some of these measures had been taken a long time ago, particularly when I had my motion in the House which was debated last year, I believe some of these elements would have already been enshrined into law and many more firefighters and police officers would have been protected by now. However the government has taken too long to listen to Canadians and to incorporate these aspects into the law.

The safety and security of Canadians and their property is the stated objective of the Canadian Alliance policy. We recognize the rights of victims of crime and will introduce programs of financial restitution from the offender to the victim as a component of sentencing and parole. I believe some of the objectives of the elements of the bill I mentioned are consistent with what our policies have long called for. I wish the government had introduced these elements into law a long time ago.

I will support some of the components of the bill. I am sure the government will review some of the other elements, such as privacy, the inspection of firearms and other elements of the bill.

[Martin Cauchon, Liberal, Minister of Justice and Attorney General of Canada]

moved that Bill C-32, an act to amend the Criminal Code and other acts, be read the second time and referred to a committee.

Mr. Speaker, I am pleased to speak to this bill.

I am pleased to begin second reading debate on Bill C-32, an act to amend the Criminal Code and other acts.

Bill C-32 contains key proposals to ensure that sufficient protection is in place to address new and emerging forms of threat. The bill proposes a small number of clarification amendments to ensure an efficient and proper application of our criminal law.

The first proposal would establish a more serious offence, with significant penalities, to address the use of deadly traps in places used by criminals to protect their illegal activities, such as drug production operations.

The second set of key amendments are needed to ensure that the public and private sectors can use reasonable measures to protect their computer systems, and the valuable information they contain, from hackers and malicious electronic communications that may contain viruses.

The bill also contains a small number of proposals to address some pressing matters that the government feels should be dealt with at this time. Although the majority of the proposals consist of clarification amendments they are important to ensure our criminal laws apply effectively.

First, I would like to describe the proposed amendments to the Criminal Code offence of placing traps that are likely to cause death or bodily harm to a person.

The placing of traps is already considered an offence under the Criminal Code. However, the current maximum sentence is five years. The government considers this sentence too lenient, considering the seriousness of the danger posed by the traps, particularly when they are placed in areas where criminals want to protect their illegal activities, such as drug production operations.

Lately, enforcement agencies and other organizations, such as fire fighters associations, have raised concerns about the presence of deadly traps that are often hidden in residences. Police, firefighters and other front line workers are indeed reporting a significant increase in the use of traps by criminals in order to protect their drug production activities whether against their rivals or against law enforcement officers.

We have heard of boards being cut near doors and windows, of weapons such as crossbows or shotguns being triggered by the opening of a door, and of incendiary devices designed to destroy the evidence of a drug production operation.

Since such activities are often hidden in residences, front line workers are particularly at risk when responding to emergency calls. These traps are an unacceptable additional risk for front line workers.

The placing of traps has become a serious problem associated with criminal activities, particularly those of organized crime, and we must create a specific offence for this type of criminal activity and impose a commensurate sentence in order to adequately punish those who use these lethal traps to protect their criminal activities.

Thus, we propose to reformulate in several respects the provision on traps. First, we propose to create an offence with a stiffer sentence, of up to 10 years of imprisonment, for a person placing a trap in an area that is used for the purpose of committing a criminal act. If the placing of a trap causes bodily harm to a person, the maximum term of imprisonment will be 10 years, but when a trap is placed in an area that is used for criminal activities, the maximum possible term will be 14 years of imprisonment. In cases where a trap causes someone's death, the maximum term will be imprisonment for life.

In other cases, the term of imprisonment for anyone who places traps will remain five years.

The purpose of these Criminal Code amendments is to ensure that those who place traps, who kill or who cause injuries, will face stiff sentences reflecting the seriousness of the offence.

Emergency services workers, such as police officers and firefighters, who must go to places that are apparently safe will benefit from protection that is commensurate with the danger created by the placing of traps.

The second set of key amendments in Bill C-32 seek to answer the protection of computer networks from cyber attacks. On a personal level most of us have been victims of some form of cyber attack. A virus, a worm attack, could wipe out important data and cripple vital networks while intrusion by a hacker could result in the theft of private or classified information.

The bill proposes amendments to both the Criminal Code and the Financial Administration Act to permit the use of systems capable of detecting intrusions that could harm computers or the valuable and often sensitive data they contain.

Intrusion detection is an essential part of information technology management intended to protect computers, networks and data. These defensive monitoring activities are necessary to safeguard the integrity of systems operations and ensure continuity of service.

The proposed amendments are needed to bring legal clarity to the use of intrusion detection so that persons who employ intrusion detection measures for the purpose of protecting or managing a computer system are not wilfully intercepting private communications.

These amendments are particularly important for the government because they would ensure that the government would be able to protect its property and more important, safeguard the information it is entrusted with as this information impacts upon the privacy of all Canadians.

Bill C-32 therefore proposes amendments to the Criminal Code to create an exception to the offence of intercepting a private communication similar to exceptions that already exist to ensure quality control in the communication industry. The exception will only be applicable to persons using protective technologies for the purpose of managing computer systems for quality of service or for protecting the computer system against computer related offences.

An amendment is also proposed to the Financial Administration Act to ensure that federal departments and agencies may take reasonable measures to manage and protect their computer systems which may include the interception of private communications.

The Treasury Board Secretariat will, through the promulgation of standards, ensure consistent application of intrusion detection technology across the Government of Canada in compliance with the Privacy Act and the Canadian Charter of Rights and Freedoms.

To protect the privacy of Canadians, limits will also be imposed on the use and retention of private communications obtained for the use of information technology management practices.

I would like to emphasize that this bill also includes clarification amendments to the Criminal Code and related legislation. An example of such an amendment clarifying our criminal law is the amendment permitting the use of as much force as is reasonably necessary onboard an aircraft to prevent the commission of an offence that wouldbe likely to cause injury to the aircraft or toany person in the aircraft.

The September 11, 2001 terrorist attacks led to a review of our legislation. We realized that we had to clarify the grounds for the use of force aboard a Canadian aircraft outside Canadian airspace. The amendment will include in the Criminal Code the Tokyo convention principles, which permit the use of reasonable force to prevent certain offences.

The rules on the use of force will not be changed by the proposed amendment, because the use of force to prevent the commission of an offence is not a new concept in Canadian law. The proposed provision builds on existing legal principles. The main goal of this new provision is to allow the use of the existing grounds in the case of offences committed outside Canadian airspace.

This is also a ground of defence. In civil or criminal proceedings, the accused could use this ground of defence, but he or she would still have to prove that the use of force was reasonable and proportionate. The same test applies to other grounds for the use of force in Canadian law.

Another clarification amendment included in the bill is needed to ensure that the one provision in the Criminal Code to search for and seize weapons, ammunition and explosives explicitly sets out the appropriate constitutional requirements. The courts should not have to read in the grounds for obtaining such a warrant. The government is proposing an amendment to provide in the legislation that information given by the police has to be made under oath. The bill improves and clarifies the criminal law.

Other changes to clarify the bill seek to eliminate ambiguity or language discrepancies in our criminal law. The government proposes such changes on a regular basis to maintain the quality and clarity of the legislation for which it is responsible and to ensure the effectiveness and the proper functioning of our criminal law system.

[Martin Cauchon, Liberal, Minister of Justice and Attorney General of Canada]

moved for leave to introduce Bill C-32, An Act to amend the Criminal Code and other Acts.

(Motions deemed adopted, bill read the first time and printed)

Income Tax Act

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Mr. Speaker, I would like to ask my hon. colleague a question. From our past work when we sat on the heritage committee in the 35th Parliament, I believe, and dealt with Bill C-32, the copyright legislation, she knows where my belief and conviction lie in terms of helping the artist. I introduced four amendments to that legislation, which substantially tilted the act toward the creator's side of it. I say that as a prelude to my question.

I believe there are two significant pillars to any civilization. In my opinion, arts and sciences are these two pillars. In both of these areas of human endeavour, there is a similar protection for the creator. As the member has identified, on the artistic side a number of legal mechanisms protect the copyright of these people, whether they be neighbouring rights or actual copyright and so forth. The same thing is true on the creative side for the sciences in that people who invent or innovate can obtain patents to protect their intellectual property.

How are we to determine, therefore, that one should have a tax exempt status and not the other?