The House is on summer break, scheduled to return Sept. 15

Protecting Children from Internet Predators Act

An Act to enact the Investigating and Preventing Criminal Electronic Communications Act and to amend the Criminal Code and other Acts

This bill is from the 41st Parliament, 1st session, which ended in September 2013.

Sponsor

Vic Toews  Conservative

Status

Second reading (House), as of Feb. 14, 2012
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

Part 1 enacts the Investigating and Preventing Criminal Electronic Communications Act, which requires telecommunications service providers to put in place and maintain certain capabilities that facilitate the lawful interception of information transmitted by telecommunications and to provide basic information about their subscribers to the Royal Canadian Mounted Police, the Canadian Security Intelligence Service, the Commissioner of Competition and any police service constituted under the laws of a province.
Part 2 amends the Criminal Code in respect of authorizations to intercept private communications, warrants and orders and adds to that Act new investigative powers in relation to computer crime and the use of new technologies in the commission of crimes. Among other things, it
(a) provides that if an authorization is given under certain provisions of Part VI, the judge may at the same time issue a warrant or make an order that relates to the investigation in respect of which the authorization is given;
(b) provides that the rules respecting confidentiality that apply in respect of a request for an authorization to intercept private communications also apply in respect of a request for a related warrant or order;
(c) requires the Minister of Public Safety and Emergency Preparedness to report on the interceptions of private communications made without authorizations;
(d) provides that a person who has been the object of an interception made without an authorization must be notified of the interception within a specified period;
(e) permits a peace officer or a public officer, in certain circumstances, to install and make use of a number recorder without a warrant;
(f) extends to one year the maximum period of validity of a warrant for a tracking device and a number recorder if the warrant is issued in respect of a terrorism offence or an offence relating to a criminal organization;
(g) provides the power to make preservation demands and orders to compel the preservation of electronic evidence;
(h) provides new production orders to compel the production of data relating to the transmission of communications and the location of transactions, individuals or things;
(i) provides a warrant to obtain transmission data that will extend to all means of telecommunication the investigative powers that are currently restricted to data associated with telephones; and
(j) provides warrants that will enable the tracking of transactions, individuals and things and that are subject to legal thresholds appropriate to the interests at stake.
It also amends offences in the Criminal Code relating to hate propaganda and its communication over the Internet, false information, indecent communications, harassing communications, devices used to obtain telecommunication services without payment and devices used to obtain the unauthorized use of computer systems or to commit mischief.
Part 2 also amends the Competition Act to make applicable, for the purpose of enforcing certain provisions of that Act, the new provisions being added to the Criminal Code respecting demands and orders for the preservation of computer data and orders for the production of documents relating to the transmission of communications or financial data. It also modernizes the provisions of the Act relating to electronic evidence and provides for more effective enforcement in a technologically advanced environment.
Lastly, it amends the Mutual Legal Assistance in Criminal Matters Act to make some of the new investigative powers being added to the Criminal Code available to Canadian authorities executing incoming requests for assistance and to allow the Commissioner of Competition to execute search warrants under the Mutual Legal Assistance in Criminal Matters Act.
Part 3 contains coordinating amendments and coming-into-force provisions.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-30s:

C-30 (2022) Law Cost of Living Relief Act, No. 1 (Targeted Tax Relief)
C-30 (2021) Law Budget Implementation Act, 2021, No. 1
C-30 (2016) Law Canada-European Union Comprehensive Economic and Trade Agreement Implementation Act
C-30 (2014) Law Fair Rail for Grain Farmers Act

Opposition Motion--Charter of Rights and FreedomsBusiness of SupplyGovernment Orders

February 28th, 2012 / 5:05 p.m.


See context

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Madam Speaker, I think it is important to remind members that every provincial and territorial attorney general across Canada supports this legislation. In addition to that, police officers across this country are supporting this legislation. The president of the Canadian Police Association, Tom Stamatakis, said: “Without this legislation we're asking our police to use pagers and typewriters to keep up with criminals using smart phones and tablets”. Earlier today I also quoted the chief of police for the Waterloo Regional Police Service. He is also the president of the Ontario Association of Chiefs of Police.

These police officers are asking for these changes. Thus I have two questions. Does the hon. member think that our police officers and police chiefs are out of touch? Or what sinister motives does he think motivate our police officers to ask for the changes that are included in Bill C-30?

Opposition Motion--Charter of Rights and FreedomsBusiness of SupplyGovernment Orders

February 28th, 2012 / 4:55 p.m.


See context

Liberal

Marc Garneau Liberal Westmount—Ville-Marie, QC

Madam Speaker, I am delighted that so many of my fellow MPs are here to listen to my speech.

I would say first of all that Bill C-30 is legitimate in what it ultimately wants to accomplish, which is to assist police authorities in uncovering and pursuing criminals. No one can disagree with that aim but it has never been the reason the bill has provoked so much public outcry.

How we can uncover and pursue criminals is very much the question today, but if we do it by infringing on people's most basic rights, then we have a problem.

In Canada there is a charter, brought in by a Liberal government some 30 years ago. This document is very important. In fact, its content is paramount in any consideration of the Criminal Code of Canada. The charter is the guarantor of the most basic rights and freedoms of Canadians. As an aside, I personally regard the charter, whose 30th anniversary we will celebrate in April, as such an important document that I took a copy of it with me on my second space flight in 1996 to then be able to present it to the prime minister, which I did.

In Bill C-30 as currently written we have a potential violation of the charter, specifically as regards unreasonable search and seizure. More fundamentally, this is also about the privacy of individual Canadians, something that we all cherish and must be extremely vigilant to preserve. Our task is to achieve the right balance between civil liberties and police oversight.

In this context, I must remind this government that it was the first to speak out when it decided that protecting the rights of Canadians with regard to the firearms registry was of the utmost importance. We all remember the government's indignation when individuals had to provide certain personal information when registering a long gun. We also remember the government's position on the census.

I can remember coming here several times in the summer of 2010 to discuss the census issue, particularly the fact that the government wanted to take the compulsory long form census and turn it into a voluntary national household survey. Why? It was because the census was going to be an attack on people's personal privacy, as I remember the Minister of Foreign Affairs mentioning, in wanting to know how many bathrooms people might have in their houses. I remember how indignant he was about that kind of information. Yet we know that the bill as presently written is very much at risk of trampling on citizens' most basic rights to privacy, by inappropriately authorizing access by police authorities to sensitive personal information without a warrant.

I do not want the police knowing whom I phone, email or text, and when and how often I do it, unless the police have some sort of authorization to track me. This presupposes some sort of warrant to ensure that such checking of Canadians by police does not get out of control. I am very open to looking into ways of expediting such warrants, but I want there to be some protection from potential abuse. It also presupposes that we have to incorporate measures once a warrant is issued so we do not leave the process completely open ended.

Some Conservative members have dared to suggest that the personal information collected could be found in a telephone book. Could anything be more innocent? What a pathetic attempt to trivialize something as important as privacy.

Amendments must be made to Bill C-30 in order to ensure that a balance is achieved between the right to privacy and public safety, of course. I would even go so far as to say that the process transcends this bill because it pertains to the fundamental balance of our country and what that should mean to all Canadians.

We are dealing here with the essence of our fundamental values, the very ones that are found in the Canadian Charter of Rights and Freedoms. How can the minister ignore this reality?

Our position is clear: all parliamentarians have a duty to recognize the fundamental right of every Canadian as set out in the charter and to recognize every Canadian's fundamental right to privacy.

I know that Bill C-30 will be sent to committee before second reading and, needless to say, I support this step, which validates our position. However, this is just the first step, and we must now be vigilant in order to ensure, on behalf of Canadians, that this is not just a smokescreen.

Will the government set aside its ideological modus operandi in order to adopt a modus vivendi in the interest of all Canadians? We must take the time required to conduct an in-depth examination of this bill. We will have to hear from many witnesses and experts, and I hope that we will not accept half measures when it comes to legitimately respecting procedures.

We need to recognize that, given these realities and what they mean, the Liberals' reasons for introducing this motion today are quite legitimate. The democratic nature of a society is measured by the manner in which it balances the protection of public safety with civil liberties and individual rights and freedoms.

The Conservatives want to destroy the data about long gun owners, but at the same time, they are planning to collect much more personal information about some Canadians. This bill is a major violation of individual rights and freedoms. We will ask the government to seriously consider the amendments that the Liberals propose in committee in order to ensure that the right to privacy of law-abiding web-surfing Canadians is maintained.

The Liberals are currently consulting experts, including federal and provincial privacy commissioners, with a view to formulating sound amendments to this bill. Even Conservative backbenchers have recognized that this bill goes too far and is a violation of Canadians' privacy.

The Minister of Public Safety's now-infamous suggestion that those opposing the bill stand with child pornographers is disgusting. The minister has not yet apologized in the House. The minister's comment is in the same category as disturbing remarks uttered repeatedly by government members slandering anyone who does not share their opinions, calling them Hitler or Taliban supporters. That kind of remark undermines the parliamentary process and the entire political system.

It is important to bear in mind that police forces already have plenty of tools in terms of investigative powers, tools that could be enhanced in an effective, structured operational framework that meets the needs and expectations of Canadians.

Not only do the current provisions in Bill C-30 go against the Canadian Charter of Rights and Freedoms, but they will be very expensive, and my hon. colleagues can be sure that the cost will be passed on to consumers. Such a broad measure as the minister is proposing will also put an additional burden on wireless and Internet service providers.

Everything depends on the government's willingness to accept the amendments needed to make this an effective bill, particularly concerning the obligation to secure warrants from a judge beforehand.

These amendments must be presented, debated and voted on in a truly transparent context in which all Canadians can witness this bill's progress. To that end, a full debate, complete with testimony from stakeholders on all sides, is absolutely crucial.

Opposition Motion--Charter of Rights and FreedomsBusiness of SupplyGovernment Orders

February 28th, 2012 / 4:35 p.m.


See context

Liberal

Geoff Regan Liberal Halifax West, NS

Madam Speaker, I am pleased to rise today in this opposition day debate on the motion concerning privacy, freedom of expression and freedom of speech.

We are talking today about Bill C-30 which of course we all know has been before the House. We heard the unfortunate statements of the Minister of Public Safety when he was asked by a member from this party about the bill, when he was challenged about it two weeks ago. He suggested that in fact we are either with them and the bill, or else we are with the child pornographers. That was a very unfortunate start, and a very unwise and unfortunate thing to say.

This is a significant piece of legislation. It is important to get the right balance, but it also important to have the right balance in this discussion and not bring such inflammatory language and outrageous statements to us, suggesting that people who are opposed to the bill, law-abiding Internet users and law-abiding computer owners, are in fact somehow on the side of child pornographers. It is outrageous. To suggest that those people who are concerned about maintaining the right of privacy are somehow in cahoots with people who are doing horrible things is unfounded, unjust and unwise. This debate really did get off on the wrong foot.

There has been a great deal of opposition to this bill. There was a great reaction to the comments from the Minister of Public Safety. In fact, we know that even a few of the Conservative backbenchers were expressing their concern that this bill was going too far. They obviously must have heard from an awful lot of people, as I did and as most members in the House did, who were upset at what the government appeared to be trying to do.

This was certainly perceived by many Canadians as intrusion into the private lives of Canadians without judicial oversight. That is the key point here, what kind of oversight there is going to be. I think that most of us, if not all of us, can understand why this legislation has to be updated. The world has changed in the past year, technologically, and it has certainly changed a lot in the past six years and in the past decade or two.

I noted the comments of Police Chief Frank Beazley of Halifax. He indicated that there is a need for police to have the ability to look at these things. I take his concerns seriously. I share his concern about the ability to prevent crime from happening. I think it is fair to say that, rather than suggesting that someone who opposes this bill or has questions about it is on the side of child pornography. I do not believe there is a member in this House who is on that side. I believe that all of us strongly want to condemn and combat child pornography. Let us have this discussion in a serious sombre way.

We need to have a discussion about what the bill should and should not do, and how it should go forward. We believe it is currently flawed. My leader said earlier today that we on this side would never say that we do not believe there are grounds, times and ways in which the police and other investigating officers have a right to access information which is held by a service provider. He went on to say that the key issue is whether the House is prepared to say to Canadians that it can happen, but it cannot happen without prior judicial authorization. It is really a very specific issue.

Of course it is a complicated bill. There is much more to it that we could talk about. It should be examined, and that is fine. In fact that is how a government should approach things. It should bring forward a bill, which gets to committee if the House decides to send it to committee, and it should be examined there. Members should take a strong interest. Members from all sides, even from the government side, should look at it very critically.

That is the responsibility we have as members of Parliament. I want to refer to what the Minister of Public Safety said today. He has taken a much more moderate tone, thankfully. He said that he believes in the principles of due process, and has respect for privacy and presumption of innocence. Those are fundamental principles. He said that he believes that in his view Bill C-30 adheres to those principles but that we need to update our laws, while striking the right balance.

There is much of that with which we can agree. He says that he wants the balance between combatting crime and protecting privacy. We agree with that. Our sense is that too often the Conservative government's idea of balance is what we may consider a little too far to the right. It is not exactly a balance, in our mind, with what the Conservatives started with here and certainly with the way the minister reacted to being challenged on this.

Therefore, why not get it right? The Conservatives should have had it right before bringing in the bill. The minister ought to have known what was in the bill. We saw that when he was questioned about it and he did not know about a particular provision in the bill and then discovered it was. That is not an indication of a minister who has done his homework, has prepared himself and has carefully gone over the bill that he is responsible for bringing to the House. It seems to me it is important that the Conservatives stop playing political games.

Let us examine the motion moved in the House today. It asks the House to recognize the fundamental right of all Canadians to freedom of speech. That is very important. It also calls for recognition of freedom of communication, which we are enjoying right now. This has changed a great deal in our lifetime. There were no cellphones or computers 30 or 40 years ago, and we could not exchange emails as we do today. The means of communication have completely changed. This must be reflected in the law and, at the same time, we must protect Canadians' rights.

The motion also asks that the House recognize “that there must be a clear affirmation on the need for these rights to be respected in all forms of communication”. It also suggests “that the collection by government of personal information and data from Canadians relating to their online activities without limits, rules, and judicial oversight constitutes a violation of the Canadian Charter of Rights and Freedoms’ protections against unreasonable search and seizure”.

My question is as follows: how can we ensure that Canadians are protected and that there is oversight of government and police activities, while providing police with the tools they need?

I hope the government will seek a good balance and be open to the comments and arguments made in committee. I remember when our party formed the government. We often had great debates within our party. During committee meetings, Liberal MPs were free to express themselves and, from time to time, they were against the government's position. In a committee considering a bill, it is very important that the members consider their responsibilities toward the public. When we are sworn in as MPs, it is to serve our constituents, but also our country. We have a responsibility to seek the best bills and to make amendments that are going to improve them. Those are challenging and serious responsibilities and we have to take them seriously.

Today's motion also states that “Canadians who have expressed deep concerns about Bill C-30 should not be described as being friends of child pornography or advocates of criminal activity”. That seems obvious to me. I am glad the minister has stopped making such characterizations and, in future, I would like there to no longer be such unfair and abusive responses.

The motion also states “that the Charter is the guarantor of the basic rights and freedoms of all Canadians”.

I hope that the government will support this motion. I find it hard to see any reason why it would not. There are some things we can all agree on, and I hope this is one of them. We shall see.

As I was saying, I am anxious to hear the speech by the hon. member for Westmount—Ville-Marie, who will follow me after the period for questions and comments. I hope all hon. members of the House will support this motion. I see no reason why they would not.

When Bill C-30 is reviewed in committee, I hope there will be a good debate and that there will be openness to amendments.

Opposition Motion--Charter of Rights and FreedomsBusiness of SupplyGovernment Orders

February 28th, 2012 / 4:35 p.m.


See context

NDP

Jean Rousseau NDP Compton—Stanstead, QC

Madam Speaker, my answer will be brief, since now is not the time to give any details about the amendments we plan to propose regarding Bill C-30. However, I know our critics have a long list of them, which we will share in due course.

Opposition Motion--Charter of Rights and FreedomsBusiness of SupplyGovernment Orders

February 28th, 2012 / 4:35 p.m.


See context

NDP

Jean Rousseau NDP Compton—Stanstead, QC

Madam Speaker, I thank my hon. colleague for her wonderful question. Freedom of expression is the right of an individual, a group, a nation, a population, to build their culture and society and to hope for a better world. This means dialogue and communication between individuals, the right to proclaim one's existence loud and clear. I exist, I exist, and I am entitled to my opinions. I was born on this planet and I have the right to express myself loud and clear. I have the right to my political, personal and religious beliefs. I have the right to my sexual orientation. I have the right to live and thrive in Canada and Quebec, my beloved Quebec, and my beloved region, the Eastern Townships.

This is a fundamental right that must be protected. Bill C-30, as it is currently drafted, will not achieve this. I hope my colleagues across the floor will accept some very reasonable amendments.

Opposition Motion--Charter of Rights and FreedomsBusiness of SupplyGovernment Orders

February 28th, 2012 / 4:25 p.m.


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NDP

Jean Rousseau NDP Compton—Stanstead, QC

Madam Speaker, I agreed to speak to this motion here today for several reasons, one being to demonstrate the importance of freedom of expression. Freedom of expression and opinion is fundamental to the reality of our nations and our peoples today. This freedom is governed by certain fundamental rules that allow people to express themselves and to thrive in a civilized society. As an artist, when my freedom of expression and opinion is breached, I cannot help but fight back. The way Bill C-30 is now drafted, it is really hard to know just how badly these arbitrary, abusive rules could infringe on people's privacy and the privacy of artists.

Artists today often communicate over the Internet. They even create works collectively over the Internet. If a text is not to the liking of an inspector—that is the word used in Bill C-30—the authorities could seize that text or the computer belonging to an artist in the process of creating something, whether literary, musical or theatrical. I find it very worrisome that a government would give itself such powers.

I will to come back to the hon. member for Toronto Centre's motion because it includes a number of things that are extremely important to the lives of all Canadians. Given our charter, it seems imperative to me that the House recognize that all Canadians have the fundamental right to freedom of expression, freedom of communication, and privacy. However, the fact that we have come to a point where we must clearly state that these rights must be respected in all forms of communication is rather absurd for a so-called civilized country. I do not understand how Canada has come to this point in 2012. What happened to the nearly 150 years of history and evolution of Canadian society?

The expression of rules of human rights and freedoms dates back to the Universal Declaration of Human Rights adopted in 1948 by the United Nations General Assembly, in which Canada participated. This first modern text was intended to be a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this declaration constantly in mind, would strive by teaching and education to promote respect for these rights and freedoms and by progressive measures—not outdated and regressive measures—to secure their recognition and observance.

I would like to list several of the principles that helped to shape a number of other texts, including the Quebec and Canadian charters. They are that:

All human beings are born free and equal in dignity and rights.

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion [on any topic]...

Everyone has the right to life, liberty and security of person.

No one shall be subjected to arbitrary arrest...

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference...

Everyone has the right to freedom of peaceful assembly and association.

A number of these basic principles are included in the Canadian Charter of Rights and Freedoms, which guarantees the rights and freedoms set out in it, “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society”.

Under section 2 of our charter, everyone has the following fundamental freedoms:

(a) freedom of conscience and religion;

(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

(c) freedom of peaceful assembly; and

(d) freedom of association.

Those rules are essential for a society and the people in it to flourish.

However, over the past few weeks, Canadians have expressed deep concerns, in various ways and media, about Bill C-30. They are concerned about being accused of being friends of child pornography or advocates of criminal activity just because they do not share the same opinion as the government. It is an aberration. If I were to write my opinions in a document and send it to my colleagues, it could be intercepted and I could be found guilty of an offence because the government wants to use the Criminal Code to increase invasions of privacy.

Bill C-30 would require Internet service providers with the necessary means to allow national security and law enforcement organizations to use their authority to intercept communications.

Artists and many social activist groups communicate over the Internet. Is this a continuation of the paranoia we saw a few years ago at the G8 and G20?

Part VI of the Criminal Code, which includes sections 183 through 196, lists the rules that apply to invasion of privacy in cases of interception and spying. I am not an expert in this field, but the Criminal Code refers to the authorization to intercept a private communication by means of any device used to intercept this communication. Individuals can be found guilty of an indictable offence and liable to imprisonment for five years.

We are in a bad way if we no longer trust the authorities in place. The individuals who form a nation and a people must feel safe in their country, particularly when it comes to freedom of expression and association. That is vital. As I was saying, the communications of public interest groups, social activist groups and communities with specific needs could be intercepted and their computers and equipment, which are very important to them, could be seized.

I will now come back to the arts, which I wanted to speak about. From Robert Johnson to Jimmy Hendrix, artists have sung about the right to freedom; from Moses to Martin Luther King, leaders of all nations have wanted to free their people and have advocated freedom of expression and, above all, freedom of choice and social justice. That is what we are discussing today in the House, which considers itself to be modern and democratic. On all the stages of this world, whether musical or political, leaders have strongly condemned the injustices afflicting the people. Our former leader was one of them. Like him, I will continue to speak out until our voices are heard by the decision-makers, who are ignoring the legitimate calls for rights and freedoms.

The Who sang, “Long live rock, I need it every day”. I need freedom of expression every day because it is my right, and I want to enjoy this right until the moment I die.

Opposition Motion--Charter of Rights and FreedomsBusiness of SupplyGovernment Orders

February 28th, 2012 / 4:15 p.m.


See context

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Madam Speaker, the member indicated that we on this side of the House are out of touch.

I would ask the hon. member if all of the police chiefs that have responded to Bill C-30 are out of touch. Is the Vancouver deputy police chief, Warren Lemcke, out of touch when he said, “We can't monitor your e-mails. We can't monitor your phone calls. We can't monitor your surfing unless a judge allows us to do that”. He goes on to say, “I can tell you there are organized crime groups that shop around for certain TSPs because they know they can hide better”.

Jocelyn Ouellette, the New Brunswick chief of police said, “I can assure you that this department supports any tool put at our disposal to fight the heinous crime of child exploitation”.

I want to remind members and the viewers that is about protecting children.

Doe the member think those police chiefs are out of touch as well?

Opposition Motion--Charter of Rights and FreedomsBusiness of SupplyGovernment Orders

February 28th, 2012 / 4:05 p.m.


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NDP

Jack Harris NDP St. John's East, NL

Madam Speaker, I will be splitting my time with the member for Compton—Stanstead, so I will have 10 minutes to make an address with some questions and comments afterward.

We on this side of the House support this motion, the recognition of the fundamental right of all Canadians to the freedom of speech, communications and privacy, and looking for a clear affirmation on the need for these rights to be respected for all forms of communication. It invokes the Charter of Rights and Freedoms, a very important part of our Constitution.

The constitutional guarantee under the Charter of Rights and Freedoms is very broad. One of the rights specified in the fundamental freedoms, in addition to the freedom of conscience and religion, is the freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication.

We have in this day and age a media of communication which is a two-way street. There is that of the Internet, emails and electronic communication. We already have, for example, mail service through Canada Post. These are private communications that Canadians are able to make with one another.

When the state desires to interfere with that privacy and to carry out a search or surveillance of these communications, under our law there is a requirement that there be judicial oversight to provide a warrant in most cases, unless someone is caught in the act. No one can enter a person's house, for example, without a warrant, unless under hot pursuit of someone who has just committed a crime. There are protections for fundamental freedoms and legal rights, including the right to be secure against unreasonable search and seizure. These are the kinds of fundamental rights that we have in our society.

People value their privacy. That is very clear. We have had the government go so far as to suggest that Statistics Canada was invading people's privacy by asking them how many bathrooms they had in their house. As a result the government brought in changes to the statistics forms that had been in use for many years by an agency that is sworn to secrecy and uses the information for statistical purposes only. Therefore, privacy is extremely important.

In the face of these fundamental rights, we have a piece of legislation that challenges those fundamental rights and freedoms by giving powers to the state that it does not have now.

The privacy commissioners and experts are already worried about this legislation, that Canadians' personal information could be obtained without a warrant, violating the rights and freedoms of law-abiding citizens. It does target what the Conservatives like to call law-abiding citizens, which is the vast majority of Canadians.

New Democrats believe that we can go aggressively after criminals and punish them to the full extent of the law without making false comparisons. We have heard in this House, to the shame of the government and to the shame of the Minister of Public Safety, false comparisons made to child pornographers and treating law-abiding citizens like criminals.

It is interesting that the most recent public opinion research on the bill which was released on February 24 indicates that 64% of Canadians reject the notion of requiring Internet service providers to give the subscriber data that would be required in the legislation to authorities without a warrant. That is not surprising to me. What is interesting for members opposite is that the highest level of rejection for Bill C-30 is in Alberta. Sixty-six per cent of Albertans are opposed to the provisions contained in Bill C-30 that impose these intrusions on people's privacy.

I find it interesting, not necessarily surprising, that when I look opposite and see what the breakdown in the House is of representation from Alberta there is 1 New Democrat and 26 Conservatives. Twenty-six members on that side of the House represent a province where 66% of the people reject the notion that the government ought to intrude in people's privacy in the way that Bill C-30 provides. That speaks volumes to how out of touch with the people the government is on Bill C-30. People value their privacy and their communication and they do not want the government snooping around without a warrant. That is the issue here.

I do not think it can be said that 66% of Albertans are in league with child pornographers but that is what the Minister of Public Safety has suggested to members on this side of the House. We are either with the government or we are with the child pornographers. We stand with the government or we stand with the child pornographers.

People made a mockery of that, even Margaret Wente who is not normally opposed to some kinds of Conservative legislation. She said that she was with the child pornographers. That is how she handled it, but obviously it was an ironic and sarcastic statement. I guess 66% of Albertans are with the child pornographers if the Minister of Public Safety is to be believed. I do not think that is the case. I think that is a case of law-abiding citizens of Canada, the majority of citizens of Canada, being concerned about their fundamental rights as guaranteed to them by the charter.

This is a worthwhile motion to have considered in the House as we are doing right now. We have legislation before the House that has not passed second reading and, as we have said, the government needs to scrap this legislation and go back to the drawing board and do the kind of consultations required.

As I said last week, the bill will go to committee which is where we will all have a chance to amend it. I do not have a lot of confidence given the hothouse nature of committees. We have seen how politicized they are. We saw happened to Bill C-10. It went to committee for consideration and, after hearing from dozens of witnesses, the time came for clause by clause study and what happened? We had all the witnesses to consider, all the suggestions that they made, and we sit down and have a two hour meeting. There are five parts to the bill, including nine previous pieces of legislation. We spent two hours discussing part one. Six or seven amendments were proposed and they were rejected by the government. When we went back the next day, we were faced with a motion from the government side saying that we would deal with all the rest of the bill today and that if it were not dealt with by 11:59 p.m. tonight it would be deemed to have been put and passed and sent back to the House of Commons.

That is the kind of thing that goes on in committees in the House. That did not happen because we had what is called a filibuster and started talking about how wrong that process was. Eventually, two days were devoted to discussing it, not very much. However, not one amendment proposed by the opposition was deemed worthy of consideration by the government. That is what happens in committee.

We say that Bill C-30 should be scrapped. The government should go back to the drawing board, listen to Canadians and listen to the privacy commissioners. They are there, by the way. They are public officials with the duty and obligation to act on behalf of Canadians to look at this legislation, not with a partisan eye but with an eye to the fundamental rights and freedoms of Canadians and a principle that says that we should only go so far as we need to go in order to protect the public safety of the people of Canada.

We support the rights of police and law enforcement officials to get warrants to do that. They can get a warrant to look at somebody's mail but they cannot look at somebody's mail without a warrant. They cannot get the kind of information they are asking for people without a warrant. This legislation would provide for warrantless searches, which are not necessary for the protection of the public, whether it be children or adults.

We support the motion today and we want to see it passed. We would hope that the government pays attention to Canadians and pays attention to the fundamental rights and freedoms of Canadians when redrafting the legislation and putting together something that it thinks will be acceptable to Canadians.

Opposition Motion--Charter of Rights and FreedomsBusiness of SupplyGovernment Orders

February 28th, 2012 / 4:05 p.m.


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Liberal

Judy Sgro Liberal York West, ON

Madam Speaker, clearly, the issues of the Internet and the different kinds of technology that are being used today gave all of us as parliamentarians concern some years back. In consultations with the police and other law enforcement people, there was an attempt to put together a bill that would start us down the path to offer protection where it was needed without having to be intrusive.

We put initiatives forward when we were in government, and we had lots of debate on them. That we put something forward does not mean that it passed. At least we put it forward and started that debate among Canadians and other parliamentarians about the direction in which we needed to go to ensure that Internet users were protected, and most importantly that people were protected, to ensure we would find ways of protecting against child pornography and all of those things that we were trying to do. At least we put it out there and started the debate and started to move in a direction.

No one is saying here that we are completely opposed to Bill C-30. Improvements need to be made to the bill. We are hoping that we will work together to ensure that the objective is achieved, that police officers have the instruments they need, but most importantly that we have the instruments to protect all Canadians, including our children.

Opposition Motion--Charter of Rights and FreedomsBusiness of SupplyGovernment Orders

February 28th, 2012 / 3:55 p.m.


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Liberal

Judy Sgro Liberal York West, ON

Madam Speaker, I am pleased to have an opportunity today to speak to our Liberal opposition day motion as we continue to try to foster debate in this House. Clearly it is not happening often enough that we can actually debate something without getting personal and taking shots at each other, and so on.

I would hope that we can continue for the next hour in a positive way, as we all raise issues that we are concerned about. Hopefully, we can get this off to committee and have some serious work done on it. It is not every day that we get a chance to stand in the House to defend, very importantly, a 400-year old, nearly universal legal concept.

After being hit with Bill C-30 and the outrage of Canadians in the last two weeks, it is important that we have this opportunity. What I am referring to, of course, is the notion called the “castle principle” in the law. Most are familiar with the saying that “A person's home is their castle”. That saying is based on this very idea, that people should be able to feel safe and secure within the privacy of their own homes. I think it is something that we clearly all want to feel.

The idea that governments have no right to violate arbitrarily the sanctity of the home was established in English law in the 17th century. This is not a new thing. In very basic terms, the castle principle came about to prevent tyrants and power-hungry security and government officials from violating basic personal freedoms for no valid or lawful reason.

Why does this particular government feel that this concept no longer applies? I certainly hope it does. I would imagine that when it comes time to do the work on the bill, the government will ensure that it protects them as well.

This ancient legal protection was eventually codified and strengthened in Canada's Charter of Rights and in various other legal statutes enacted over the years. In 1982, the Liberal government understood that privacy was a timeless and foundational right that needed and deserved attention and protection in our Constitution.

Despite assurances to the contrary, it would seem that the current government, either on purpose or by outright ineptitude, and I am not sure which it is, is prepared to ignore the history of these essential protections by laying Bill C-30 on the table in its present form.

At the risk of being labeled a pornography sympathizer, which is what happens when we object to anything to do with Bill C-30, I will say that I think Bill C-30 goes too far, is unnecessarily invasive and needless.

Giving the police and government the right to warrantless searches of private emails and web-browsing activity is conceptually the same as allowing police to view bank records, to monitor private mail and to snoop into the most private elements of a person's life for no particular reason. I cannot imagine that anyone in this House on any side would want that to happen.

Government keeps talking about backtracking and maybe that is not what was meant to happen. However, we have to deal with what Bill C-30 says.

Our motion, as I will refer to it later, tries to illustrate exactly the kind of Canada that we want to see continue and the kinds of rights and protections we want to see for ourselves, our families and the families of other Canadians.

I am a parent and a grandmother, but I believe that snooping around in anyone's email inbox will never help to prevent child pornography. I believe that diminishing or violating the basic rights of the Canadian public is inappropriate and an ineffective investigative tool. I believe that random incursions of people's privacy will not provide useful intelligence to the law enforcement community either.

“Show us the proof” is what we have been hearing all day on a variety of issues. The same goes for Bill C-30. That is exactly what we hope to hear at committee. We believe the government has taken the right step and will refer the bill to committee after first reading. Hopefully, some serious work will be done and a bill will come back that we all can support in this House.

If the police have a legitimate reason to snoop into my banking, email or web-browsing records, a judge would clearly allow for that lawful search to happen. This is the check and balance against the powers of the police and the government running over the rights of innocent citizens. I cannot understand why the police would be afraid to permit a judge to legally review a search request if it is in fact necessary and lawful.

Bill C-30 has many flaws that need to be corrected. Basic privacy must be protected. We are the gatekeepers in Parliament of that fundamental right. We cannot throw away 400 years of basic rights protection for arguable gain. If privacy rights can be shredded by the government, then what other rights can be taken from us next?

The Liberal motion today is seeking to ensure that the government and all future governments will understand that personal privacy is not a luxury, particularly in the Internet age. Our Liberal motion is in three parts. The first part reads:

--(a) the fundamental right of all Canadians to the freedoms of speech, communication and privacy, and that there must be a clear affirmation on the need for these rights to be respected in all forms of communication; (b) that the collection by government of personal information and data from Canadians relating to their online activities without limits, rules, and judicial oversight constitutes a violation of the Canadian Charter of Rights and Freedoms' protections against unreasonable search and seizure; (c) that Canadians who have expressed deep concerns about Bill C-30 should not be described as being friends of child pornography or advocates of criminal activity--

Earlier today when my colleague from Random—Burin—St. George's was speaking to the Liberal motion and referencing Bill C-30, an individual from Calgary sent her an email saying, “Just wanted to let you know that I appreciated your intervention in Parliament today. Well said. This bill should be debated. As a network administrator and an IT specialist, I find this legislation ludicrous and costly”. That is what Canadians are saying. It is not something that is being invented by the Liberals.

Freedom of speech and privacy must permeate every level of government and national leadership must start right here with us. We must set the tone. We must never let the idea that only the guilty have reason to fear the erosion of basic rights to become the justification for that erosion.

The second part of the Liberal motion says that access to private information without limits, rules and judicial oversight is not appropriate. The government says that police need this to prevent crime and I cannot imagine why. I am left to wonder why the police and the government are so afraid of judicial oversight. The truth is that police have not been asking for this, but the government appears to be power hungry and stubborn and this time it has zeroed in on the privacy rights of Canadians.

These are important issues that we are debating. Our Liberal motion tries to set a tone for a very important bill that needs to be debated and discussed by all members in the House.

Opposition Motion--Charter of Rights and FreedomsBusiness of SupplyGovernment Orders

February 28th, 2012 / 3:35 p.m.


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Liberal

Joyce Murray Liberal Vancouver Quadra, BC

Madam Speaker, I will be splitting my time with the member for York West.

I am very pleased to speak to the motion today because of the important principles that are so fundamental to Canadian democracy. The motion calls on the House to recognize the fundamental right of all Canadians to freedom of speech, communication, privacy and an affirmation of the need for these rights to be respected. It talks about the Canadian Charter of Rights and Freedoms protection against unreasonable search and seizure. It mentions that any legislation put forward by the government must respect these provisions of the charter and its commitment to the principles of due process, respect for privacy and the presumption of innocence.

A lot of the debate on this today has centred on Bill C-30 and it will be that bill that I address my remarks toward.

I want to quote the interim leader of the Liberal Party because what he has said captures the balance that Parliament needs to find on the bill, and that is “The mark of a democratic society is how it balances collective security with individual rights and freedoms”.

I am not at all objecting to the idea of strengthening the ability for police officers to carry out their surveillance work and their investigative work in an age of Internet and electronic communications. Surely we do need to update these provisions that are in the laws and that is what the bill has sought to do. In fact, when the attorney general and solicitor general of British Columbia came to Ottawa saying that the province supported the need for new powers, I supported that. It is something we do need to do.

The question is whether this bill achieves that end? I will be speaking about the ways in which it does not find that balance and the ways it, either inadvertently or deliberately, changes the landscape for the public in terms of our security and our right to privacy of information. It makes changes through very vague language and vague concepts that are not well defined in the bill and that are open to subjective interpretation in terms of grounds for accessing people's information without a warrant.

People across Canada have been concerned about this. It is not surprising when most of the privacy commissioners across the country said that the bill went too far, that it was bad legislation. I will quote the federal Privacy Commissioner who said:

On the balance...the new Bill...contains serious privacy concerns...In particular, we are concerned about access, without a warrant, to subscriber information behind an IP address. Since this broad power is not limited to reasonable grounds to suspect criminal activity or to a criminal investigation, it could affect any law-abiding citizen.

That is a mild comment compared with the comments of the Ontario privacy commissioner who had a great deal of concern about the bill and called it an encroachment of surveillance as it was presently configured in the bill. She said that the bill was wrong. She said that it actually terrified her and could become the norm, that there was a huge downloading onto websites of information that service providers did because they were unable to serve the one-by-one requirements under the bill. That has happened in other countries. According to the commissioner, this is fundamentally wrong, it flies in the face of freedom and liberty and this freedom is not based on the state access to whatever information it wants on its citizens. This is how she characterized the potential result of the bill.

The state is supposed to have a reason for the collection of information from citizens. It is supposed to be limited and for particular purposes that are specifically identified to individuals. Her view is that this is under attack with the bill.

The bill creates a structure for this widespread surveillance. Again, I will quote the privacy commissioner of Ontario:

This is going to be like the Fort Knox of information that the hackers and the real bad guys will want to go after. This is going to be a gold mine.

She is also concerned about the new powers created for the police that are designed to obtain access to surveillance data, and about the whole framework that companies will have to put in place by installing equipment for real-time surveillance.

Given the response by privacy commissioners, who know what they speak of, it is not surprising that people in civil society became concerned and started to speak out. In Vancouver Quadra at the town hall I hosted last week, I can say that people were very concerned about the change in the tenor of privacy under the bill.

With these kinds of reasonable concerns it was that much more offensive and insulting when the Minister of Public Safety essentially said that either we agreed with the bill and the government or were on the side of child pornographers. That level of discourse we cannot allow to continue in this House of Commons. It has undermined any moral authority of that minister with the bill as presented.

It was ironic that afterwards the minister had to admit on public television that he had not read the bill and did not actually understand some of its provisions and the repercussions thereof. That was after he had made that very offensive statement we are all familiar with.

The bill has had a rocky start. It was not properly thought out and the consultations were not properly done with privacy commissioners.

I will also give a couple of examples of concerns that were raised by an Internet business CEO and president at my town hall very clearly.

Some of the previous speakers have talked to section 34. However, I am speaking about sections subsections 371(1) and 371(2). This is where the legislation creates a wide class of offences that are vague in description, using terms that could be interpreted by law enforcement with an extremely wide range of discretion. That is the nub of what people are concerned about.

Subsection 372(1) says:

Everyone commits an offence who, with intent to injure or alarm a person, conveys information that they know is false, or causes such information to be conveyed by letter or any means of telecommunication.

That is pretty subjective. How does one define an intent to alarm a person? That could be a phone bank calling the constituents of Mount Royal, asking if they knew that their member of Parliament had stepped down. That could be an alarming piece of information. Therefore, whoever made those calls would actually be committing an offence under this and would be liable to imprisonment for up to two years. I hope the members on the Conservative side of the bench really let that sink in.

That subsection is about conveying information that someone knows is false with the intent to alarm a person. That would be against the law and subject to a jail sentence. Think about how widely that could be interpreted.

Here is another one, subsection 372(2):

Everyone commits an offence who, with intent to alarm or annoy a person.

Has anyone on the Conservative benches ever sent an email with some intent to annoy someone? If so, it would be an offence if they were making an indecent communication. Who is defining what is decent and indecent? Some people think that a photo of clothing that is too tight might be indecent. What about a swear word? It might be considered indecent. If a member opposite sent an email or communication that was indecent but intended to annoy, he or she would then be committing an offence and subject to up to two years in prison. I think I am making my point that—

Opposition Motion--Charter of Rights and FreedomsBusiness of SupplyGovernment Orders

February 28th, 2012 / 3:35 p.m.


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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Madam Speaker, let me remind the member, first, that every attorney general of every province and territory of our country endorses Bill C-30.

As I stated in my earlier remarks, Chief Matt Torigian of the Waterloo Regional Police Service, who is the chair of the Canadian Association for Chiefs of Police, said, “We would also, en masse, be the first group to speak out on anything that has the potential to violate the integrity and the rights and freedoms of Canadians.”

The Calgary deputy chief of police said, “We really need to modernize this area of the law...We can’t create safe havens where criminals can ply their trade”.

The Canadian Police Association President Tom Stamatakis said, “Without this legislation we are asking our police to use pagers and typewriters to keep up with criminals using smartphones and tablets”.

It is clear. All we are asking is to update the laws of this land to give police officers the tools they need in the current environment with the telecommunications that we have.

Opposition Motion--Charter of Rights and FreedomsBusiness of SupplyGovernment Orders

February 28th, 2012 / 3:25 p.m.


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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, I am pleased to speak to this motion which points out the fundamental nature of privacy in Canadian law and calls on the government to ensure that the legislation it proposes engenders a respect for privacy. It is on this point that I will speak. I will highlight some of the ways in which Bill C-30 would reflect continuing respect for the privacy and civil liberties of Canadians.

One of the most consistent themes in Bill C-30 is privacy with precision. Every investigative power would have specific and appropriate privacy safeguards in place, calibrated to the level of intrusiveness of the techniques for which the power is designed. In plain language, the standard for authorizing an investigative technique would be directly related to its level of intrusiveness. Bill C-30 would move Canada away from a one size fits all approach where a single investigative power can authorize a wide range of investigative actions toward more specialized investigative powers drafted with particular investigative actions in mind.

I will give a few examples of how Bill C-30 would promote privacy with precision. The first of these is production orders. A production order is a court order that requires a third party who has possession or control of certain types of data or documents to deliver this material to the police within a specified period of time. Production orders are used in cases where it is more practical to have the holder of the documents or data retrieve information for the police rather than having the police conduct the search themselves with a search warrant. The use of production orders not only offers the police increased efficiency in protecting all of us, but also provides increased privacy protection for all Canadians. Third-party holders of computer data are best placed to be able to locate the requested information precisely and without inadvertently collecting information that is outside the scope of the request. Therefore, as an investigative technique, production orders actually help to minimize inadvertent intrusions on privacy. Production orders enhance privacy.

Production orders already exist in the Criminal Code. There is already a general production order as well as one that relates to a narrow set of financial information. Because of the broad nature of a general production order, it has a higher judicial threshold than the financial production order. To use a general production order, police must satisfy a judge that they have reasonable grounds to believe that an offence has been committed and that the information requested would provide evidence of that offence. However, most investigations are not general in nature. Often the requirements of an investigation are quite targeted. In those cases, it makes sense to create specific tools that would allow police to obtain the specific data that they are looking for and which are designed to reflect the expectation of privacy associated with that kind of data.

Bill C-30 proposes the creation of three new production orders that have been designed with specific investigative techniques in mind. We are proposing to create a production order for data related to the routing of telecommunications, which would be known as transmission data; a production order for tracking data; and a production order designed to trace specified communications.

This last type of production order would be a very important tool for addressing the complexities of modern communication. It would allow police to trace the origin of a communication that may have gone through several different telecommunication providers before it reached its final destination. It would protect Canadians from inadvertent intrusions into their privacy.

I cannot stress enough that all of these production orders would have important built-in privacy protections. For example, both a production order to trace specified communications and a production order for transmission data relate to transmission data. Transmission data is a term clearly defined in the Criminal Code to expressly exclude the content of communication. Not even the subject line of an email would be available using either of these powers. It is important to stress that. We hear about people being concerned that others would be able to access the content of our emails. Not even the subject line would be available for these powers.

Information in the possession or control of an individual that does not fall under any of the specialized production orders could be obtained by the police using the general production order. However, the police would need to satisfy a judge of the higher belief-based standard. The same applies today.

Important privacy safeguards have been included throughout Bill C-30. Each investigative power in the bill has been carefully designed to strike a balance between the safety and security and the rights and liberties of all Canadians, such as preservation orders. This kind of tool is essential to our ability to conduct effective investigations in an era where crucial evidence can be deleted in the blink of an eye. Police officers will be able to do their jobs without fear that the data they need will be lost or deleted either intentionally or inadvertently as a matter of regular business practice during the period it takes to obtain a warrant or production order for that data.

If a police officer does not get a court order or search warrant to obtain the preserved data before the demand expires, any data that would not be retained in the ordinary course of business would be destroyed. The data would not be provided to the police without a court order or warrant. Should the preservation demand need to be extended, police officers would have to obtain a preservation order from a judge or justice. The order would then give them up to 90 days to get a production order or search warrant to obtain the data that had been preserved.

If the police are unable to get the production order or warrant by the time the preservation order expires, the person in possession of the preserved data is required to destroy it unless his or her business practices otherwise require that it be retained. What this means is that only specific data would be preserved under this scheme for a limited period of time and only for the purpose of the investigation. An even more fundamental privacy safeguard of this scheme is that data which would not otherwise be kept by a business would be destroyed as soon as it was no longer needed for an investigation.

These safeguards exemplify our efforts to respect privacy throughout the bill and respect privacy rights under Canadian law.

With regard to respect for privacy, let me quote Matt Torigian, Chief of Waterloo Regional Police Service and president of the Ontario Association of Chiefs of Police. His statement clearly rebuts the fears expressed by the opposition. He stated:

We (the police) would also, en masse, be the first group to speak out on anything that has the potential to violate the integrity and the rights and freedoms of Canadians.

These are just a few examples of how Bill C-30 would promote privacy. As I have noted, the government's approach is one privacy with precision, well-defined investigative powers with strong privacy safeguards that will have been carefully calibrated to a particular investigative context. Our government believes we have proposed legislation that will ensure Canada's laws adequately protect Canadians online.

We also, however, expect Parliament to conduct a thorough review of our proposed legislation to ensure that we do strike the right balance between protecting Canadians from crime while respecting Canadians' privacy rights. I would ask hon. members to exercise due diligence in that review.

I will highlight the need for this legislation. Chief Torigian has noted that Bill C-30 would require the same types of judicial approval as old-fashioned wiretaps and would in cases even increase the regulatory burden. However, as Chief Torigian said:

We need to ensure that investigative bodies in Canada have the necessary tools to safeguard institutions, public bodies and private individuals.

As a grandfather of nine grandchildren, I cannot overstate the need to update our laws so they adequately protect all Canadians from online exploitation.

Opposition Motion--Charter of Rights and FreedomsBusiness of SupplyGovernment Orders

February 28th, 2012 / 3:20 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the government has recognized that there are flaws in the proposed legislation it has brought forward. It has said that it will bring it to committee prior to second reading. In a sense, it is good that we are having this debate today. Otherwise we would not have had a debate on Bill C-30 before it went to committee.

The government has a nasty tendency to go in camera in committee. This stops the public from being able to participate or listen to what is being talked about. I wonder if the member can provide information to the House or assurances that the government will not have in camera sittings during the discussions of this important bill when it goes to committee. Can he provide Canadians that assurance?

Opposition Motion--Charter of Rights and FreedomsBusiness of SupplyGovernment Orders

February 28th, 2012 / 3:10 p.m.


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Conservative

Dave MacKenzie Conservative Oxford, ON

Mr. Speaker, I will be splitting my time with the hon. member for Kitchener—Conestoga.

I will begin by thanking the hon. member for Toronto Centre for his motion. I will limit my response to the hon. member's contention that the collection by government of personal information without limits, rules and judicial oversight constitutes a violation of the Canadian Charter of Rights and Freedoms.

That implies that Bill C-30 would provide the state with an unlimited authority to intrude on the privacy and civil liberties of Canadians. This is profoundly misleading. Bill C-30 was carefully crafted to ensure a continuing respect for privacy and civil liberties are maintained and/or strengthened. Bill C-30 has as its primary objective providing the police and national security agencies with the investigative powers they need to combat 21st century crime.

The data preservation scheme proposed in Bill C-30, for instance, is an important investigative tool that would permit the police to order or demand the temporary preservation of computer data. It would not allow for the disclosure of this information without a warrant. Computer data is highly volatile. Telecommunication service providers, for example, routinely delete computer data as a matter of routine business practice. That is why it is imperative that the police have the power to ensure that computer data that might contain important evidence of a crime does not get deleted by a third party before the police have enough time to obtain it by using a judicially authorized warrant or production order.

Limited timelines are provided for the preservation of this information. After 21 days, the preservation demand, which would be made by the police and is intended to cover the time it takes to get the preservation order, would expire. The order, which would require judicial authorization, would then expire after 90 days. I do not know of anyone in the House who has had the opportunity to apply for a warrant in front of a justice. It takes a great deal of time and is not something where one knocks on the door and the justice simply issues it. Once that order expires, the bill would require that all data retained for the purposes of the investigation and not otherwise kept pursuant to regular business practices be destroyed. This objective is achieved in a manner that is respectful of privacy.

I will now elaborate with reference to the proposed transmission data recorder warrant and production order. The Criminal Code currently contains what is called a dialled number recorder warrant, as well as a production order for the same information. These tools allow investigators to collect and produce phone numbers, for instance the number of a phone used by a suspect in an investigation. The transmission data recorder warrant and production order would update the dialled number recorder warrant and production order in recognition of the fact that day-to-day communications are no longer restricted to the telephone. Rather, people now communicate using a variety of different technologies, such as email and text messaging. Technology has even advanced to the point where the lines between technologies have been blurred so that phone calls can be made over the Internet and cellphones can be used to search the World Wide Web.

It is clear that an investigative tool restricted to the collection of phone numbers is not only out of date but severely limits its usefulness. As a result, the new warrant and production order would now allow for the collection and production of data to traditional telephone numbers, but also found in the Internet world.

Like the existing warrant, the transmission data recorder warrant would be obtained when there are reasonable grounds to suspect that the data being sought would assist in the investigation of a crime. Like the existing warrant, the data that could be collected using the warrant would be limited to routing data and telephone numbers. The content of the communications themselves would never be provided under this warrant. To ensure that this power is never used to gain access to the substance of communications, this is written into the definition of transmission data in Bill C-30.

If I were to conclude my remarks at this point, I might leave the impression that Bill C-30 is more or less privacy neutral, that it just maintains the existing safeguards and replicates those safeguards for new investigative powers. However, such an approach without more would fail to take stock of the profound effect that technological advances over the past few decades have had on privacy.

Judicial oversight would ensure an investigation strikes the right balance between individual privacy and the public good. Warrants would be tailored to ensure that the standards guiding that oversight fit with the type of technique at issue. Since tracking people clearly has more privacy implications than tracking cars or other things, the bill would make the standard for getting a warrant to track people higher than that for tracking cars or other objects.

Amendments in the bill would make it necessary for police to prove to judges that they have reasonable grounds to believe that an offence has been committed and that the evidence would assist in the investigation before they are granted the warrant to track people.

Much of Bill C-30 is premised on the idea that each investigative technique the police have at their disposal should have a corresponding investigative power. That is why if data needed to be preserved for the purposes of investigation, Bill C-30 would create a specific way for the police to accomplish that. If the police then needed to obtain that preserved data, they could get a judicially authorized warrant or production order.

The bill in fact follows very closely on three previous bills that have been tabled in the House by Liberal members of the House in 2005, 2007 and 2009.

Our government has proposed legislation to ensure Canada's laws adequately protect Canadians' privacy online. We expect Parliament to conduct a thorough review of our proposed legislation to ensure we strike the right balance between protecting Canadians from crime while respecting Canadians' privacy rights.

Mr. Speaker, I hope my remarks have clarified some misconceptions regarding Bill C-30. I do hope, however, that Parliament will take the time to thoroughly study the bill to ensure that it achieves its purpose to better protect Canadians while also ensuring their right to privacy is protected.