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

An Act to amend the Criminal Code

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

Sponsor

Rob Nicholson  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

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

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

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of 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-55s:

C-55 (2023) Law Appropriation Act No. 3, 2023-24
C-55 (2017) Law An Act to amend the Oceans Act and the Canada Petroleum Resources Act
C-55 (2015) Law Appropriation Act No. 1, 2015-16
C-55 (2010) Law Enhanced New Veterans Charter Act
C-55 (2009) Response to the Supreme Court of Canada Decision in R. v. Shoker Act
C-55 (2008) Canada-EFTA Free Trade Agreement Implementation Act

Votes

March 20, 2013 Passed That the Bill be now read a third time and do pass.

Response to the Supreme Court of Canada decison in R. V. Tse ActGovernment Orders

March 19th, 2013 / 5:05 p.m.

NDP

François Choquette NDP Drummond, QC

Mr. Speaker, I will not do this often but they need to be given credit where credit is due. To be honest, the Conservatives sometimes get things right. Not often, but if they will allow us to vote in favour of their Bill, then we are going to do so. We are therefore going to support the Conservatives’ bill at third reading. I believe that the bill is balanced, as I have said before.

My colleague from Gatineau, who has been working very hard as a member of the Standing Committee on Justice and Human Rights, has carefully studied the bill, which shows a great deal of prudence, respects the Canadian Charter of Rights and Freedoms, is constitutional and responds to the Supreme Court of Canada's decision in R. v. Tse. We will therefore support this bill.

I do not know how much time I have left, but as my colleagues know, I could go on for hours.

In that respect, I would like to go back to a few quotes made during this study in committee. If memory serves me correctly, two meetings of the Standing Committee on Justice and Human Rights were spent on Bill C-55. The study in committee was peaceful and went well.

I would like to list the NDP members who are on this committee. There is my colleague from Gatineau, who does an excellent job, and my colleagues from Brossard—La Prairie, Brome—Missisquoi and Hamilton East—Stoney Creek, who have also done excellent work, as always.

In the justice committee meetings, a few witnesses mentioned why they supported this legislation. For example, the Criminal Lawyers' Association was in favour of this bill. It generally supports modest, fair and constitutional legislation. That is what its representatives said. Bill C-55 does an admirable job of incorporating the comments of the Supreme Court of Canada in R. v. Tse. However, they said that there were some parts that the committee could have perhaps spent more time on. They also mentioned that Bill C-55 was a positive legislative measure, as I just said, and that it seeks to find a better balance between protection of the public and protection of privacy, which we think counts the most when it comes to Bill C-55.

There was also a brief presented by the Canadian Bar Association at the Standing Committee on Justice and Human Rights that stated:

The CBA Section supports the proposed changes in Bill C-55 to [finally] comply with R. v. Tse, but recommends further limits on s. 184.4 interceptions.

Response to the Supreme Court of Canada decison in R. V. Tse ActGovernment Orders

March 19th, 2013 / 5:15 p.m.

The Acting Speaker Barry Devolin

Is the House ready for the question?

Response to the Supreme Court of Canada decison in R. V. Tse ActGovernment Orders

March 19th, 2013 / 5:15 p.m.

Some hon. members

Question.

Response to the Supreme Court of Canada decison in R. V. Tse ActGovernment Orders

March 19th, 2013 / 5:15 p.m.

The Acting Speaker Barry Devolin

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Response to the Supreme Court of Canada decison in R. V. Tse ActGovernment Orders

March 19th, 2013 / 5:15 p.m.

Some hon. members

Agreed.

No.

Response to the Supreme Court of Canada decison in R. V. Tse ActGovernment Orders

March 19th, 2013 / 5:15 p.m.

The Acting Speaker Barry Devolin

All those in favour of the motion will please say yea.

Response to the Supreme Court of Canada decison in R. V. Tse ActGovernment Orders

March 19th, 2013 / 5:15 p.m.

Some hon. members

Yea.

Response to the Supreme Court of Canada decison in R. V. Tse ActGovernment Orders

March 19th, 2013 / 5:15 p.m.

The Acting Speaker Barry Devolin

All those opposed will please say nay.

Response to the Supreme Court of Canada decison in R. V. Tse ActGovernment Orders

March 19th, 2013 / 5:15 p.m.

Some hon. members

Nay.

Response to the Supreme Court of Canada decison in R. V. Tse ActGovernment Orders

March 19th, 2013 / 5:15 p.m.

The Acting Speaker Barry Devolin

In my opinion the yeas have it.

And five or more members having risen:

Response to the Supreme Court of Canada decison in R. V. Tse ActGovernment Orders

March 19th, 2013 / 5:15 p.m.

Conservative

Gordon O'Connor Conservative Carleton—Mississippi Mills, ON

Mr. Speaker, I ask that you move the vote to Wednesday, March 20, following government orders.

Response to the Supreme Court of Canada decison in R. V. Tse ActGovernment Orders

March 19th, 2013 / 5:15 p.m.

The Acting Speaker Barry Devolin

Accordingly, a recorded division stands deferred until Wednesday, March 20, following government orders.

Response to the Supreme Court of Canada decison in R. V. Tse ActGovernment Orders

March 19th, 2013 / 5:15 p.m.

Conservative

Gordon O'Connor Conservative Carleton—Mississippi Mills, ON

Mr. Speaker, I ask that we see the clock at 5:30 p.m.

Response to the Supreme Court of Canada decison in R. V. Tse ActGovernment Orders

March 19th, 2013 / 5:15 p.m.

The Acting Speaker Barry Devolin

Is that agreed?

Response to the Supreme Court of Canada decison in R. V. Tse ActGovernment Orders

March 19th, 2013 / 5:15 p.m.

Some hon. members

Agreed.