Bill C-55 (Historical)

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

An Act to amend the Criminal Code

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.

Motions in Amendment

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Mr. Speaker, that is a very good question. It seems to me that the pattern in this particular case, which is similar to what the Conservatives brought about with the Senate reform, is to push it to the very last minute to seek opinion.

What is most bizarre is that the Conservatives introduced Bill C-30, which caused the most trouble, yet they knew that the decision from the Supreme Court was pending. If they had that decision, they would probably have had a better launching pad for Bill C-30. Unfortunately for them at the time, Bill C-30 became a hornet's nest of opposition across the entire country. They had to scrap it, step back and then wait for the Supreme Court decision to move ahead with Bill C-55, which by the way, may point out that the current legislation is better than they had imagined. It has been tested with the fixes we are doing here today, such as with section 184.4. It points out that the current laws in place were sufficient with a few tweaks here and there, and that is what we are doing with Bill C-55.

Therefore, the hornet's nest created around Bill C-30 was not really necessary. Apparently, because they pulled the legislation back, I guess they did not even agree with what they wrote, as bizarre as that may sound.

[Raymond Côté, NDP, Beauport—Limoilou, QC]

Mr. Speaker, I thank my colleague from Bonavista—Gander—Grand Falls—Windsor for his speech. It was a great privilege for me to work on the Standing Committee on Justice and Human Rights for a number of months and thus to associate with the member for Mount Royal, who, as everyone remembers, was Minister of Justice at another time.

The member for Mount Royal has often raised concerns regarding the rule of law in the creation of new statutes. That is something quite fundamental because we have seen the government make some mistakes in that regard.

Following his speech, I would like my colleague to give us more details on this question of the rule of law and on the protections afforded by such fundamental instruments as the charter in developing legislation or amendments to the Criminal Code.

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Mr. Speaker, I agree with my colleague. Obviously any modern, advanced, progressive democracy puts provisions in place to protect the privacy of each and every individual. However, that has to be weighed with the protection of our society, and in this particular situation, we must make sure that undue harm would not come to others. Yes, the rule of law has to be followed, but we also have to protect privacy. This is the balancing act we have here.

In the judgment that came down in R. v. Tse, the court noted that the interception under section 184.4 is limited to urgent situations where there is an immediate necessity to prevent serious harm and judicial pre-authorization is not available with reasonable diligence. Therefore, we have to put the safeguards in. We have to be narrow and specific as to how this would be executed.

In the particular case of section 184.4, judicial authorization is not required. Right away that tells us that it could be a fundamental breach of privacy, and essentially that is what it is. However, due to the egregious circumstances dictated in this particular situation, which require short notice, we have to make provisions within our rule of law so that the police officers could execute within that situation, so that no harm would be brought upon another individual.

[Raymond Côté, NDP, Beauport—Limoilou, QC]

Mr. Speaker, I am pleased to rise to address Bill C-55.

I did not work directly on this bill as a member of the Standing Committee on Justice and Human Rights because I unfortunately left that committee, although I fortunately have the great privilege of sitting on the Standing Committee on Finance. However, I have excellent memories of my time on the Standing Committee on Justice and Human Rights, despite the problems the members the New Democratic Party are facing on that committee.

In reference to the question I put to my colleague who previously spoke with regard to the rule of law and basic protections, we have moved a motion in the context of Bill C-55. That is why the member for Mount Royal spoke on the subject. He shared the same concerns when he was Minister of Justice. This is an excellent example of the reconciliation of imperatives. We can reconcile certain imperatives even though we belong to different parties. I remember some good exchanges I had with the member for Mount Royal over the fact that he approved of a number of measures we had taken.

Like all of my NDP colleagues, I support Bill C-55. However, I am going to be quite harsh. Objectively, Bill C-55 was a pleasant surprise. I think the government was compelled to respond to the Supreme Court’s decision. Yet, even today, as reported in The Globe and Mail, the justice minister continues to reiterate his full support for Bill C-10, the omnibus bill that unfortunately was passed and will create many problems.

Portions of certain sections of the Criminal Code and other acts that were amended by Bill C-10 could eventually be invalidated. Moreover, this bill has created an excessive amount of work for Parliament. This situation could have been avoided if the government had been open and much more rigorous that it generally is. I would remind the House that Bill C-55 is the exception.

Of course, reinventing the wheel or showing too much originality was not possible, because the decision was very clear and compelled the government to find solutions that meshed perfectly with the Supreme Court’s observations.

This brings us back to our duty as elected representatives and as members of these important and fundamental committees known as the standing committees of the House of Commons.

We have a responsibility to stay informed and adapt to today’s realities on an ongoing basis, all the while complying with immutable principles. We have a responsibility when it comes to passing legislation.

In this regard, I hope that Bill C-55 will serve as a model for the government and will prompt it to be more disciplined and especially to show more respect for all of our country’s institutions. The government must start by showing respect for the Canadian justice system, for Canada’s Parliament, a fundamental institution, and more especially for the House of Commons.

Understandably, there can be differences of opinion, and the government may not always agree with the views expressed by members of the opposition parties. However, the government has a responsibility to respect these views and the fact that people have different opinions. It also has a duty to respect the principle of accountability, which unfortunately is too easily flouted.

In the case of the committee that I had the privilege to serve on last fall, too often the government denied the obvious and rejected the opinions of experts whose positions were quite clear. It is truly a shame. After all, while it may be possible to some extent to defend ideological stances, these have absolutely no place when it comes to governing and establishing conditions for a just and fair society.

The government has made that mistake over and over again.

I repeat, Bill C-55 is a pleasant surprise. In the wake of what my hon. colleague from Gatineau said, I will come back to some important points related to section 184.4. They may seem like minor details, but these changes are important. They do not affect the essence of section 184.4.

The bill defines the term “police officer”, which applies to section 184.4. The bill then continues:

A police officer may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication if the police officer has reasonable grounds to believe that (a) the urgency of the situation is such that an authorization could not, with reasonable diligence, be obtained under any other provision of this Part; (b) the interception is immediately necessary to prevent an offence that would cause serious harm to any person or to property; and (c) either the originator of the private communication or the person intended by the originator to receive it is the person who would commit the offence that is likely to cause the harm or is the victim, or intended victim, of the harm.

My colleague from Gatineau accurately explained the special nature of section 184.4. Let us not forget that sections 186 and 188 cover virtually every case that would justify a warrant to breach a person's privacy. There are, of course, cases in which the imminence or urgency of the situation, when it is a matter of minutes or hours, would permit someone in authority under the Criminal Code to act quickly without permission to provide genuine assistance and intervene to prevent mischief or a crime.

This is perfectly reasonable. The only problem is with the consequences of such an action. The amendments made to the various parts of section 195 are particularly important. We strongly support them simply because they provide a form of transparency and openness that allows for self-discipline and generally avoids any abuse of police power. First of all, no one wants abuse of this kind from the police. Police officers who possess this extraordinary power ought not to be exposed to situations of potential abuse by themselves or others against anyone here in Canada because it could lead to serious breaches and the public's loss of confidence in police departments.

We believe that section 195 is a step in the right direction in terms of accountability, and that it would set out clear guidelines for the application of section 184.4. In my view, this constitutes significant progress. It is a fundamental and necessary improvement. It would deal with the problems inherent in R. v. Tse that were before the Supreme Court.

I would like to end by saying that it was a pleasure to be able to comment on Bill C-55. I think, and especially I hope, that it will be passed relatively quickly. It is nevertheless deplorable that the government took so long to allow us to review it in this House.

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I thank my hon. colleague for his excellent speech.

I would like to point out that Bill C-55 is the Conservatives' latest attempt after their Bill C-30, if I am not mistaken, failed.

Why do the Conservatives have these kinds of failures? It is obviously because they try to fast-track everything. They want to move very quickly and not allow debate. The two omnibus budget bills are indisputable proof of that.

Does my hon. colleague think that the Conservative government should now ensure that all justice bills are in line with the charter and the constitution, instead of simply basing bills solely on its political agenda and short-sighted ideology?

[Raymond Côté, NDP, Beauport—Limoilou, QC]

Mr. Speaker, I thank my colleague from Drummond for his question.

I think that there is cause for some legitimate concern. I did not talk about the case of the former Department of Justice jurist who said that, unfortunately, the groundwork was not being done at the department. That case is obviously running its course.

What is very disappointing is that the government continues to deny it and insists on fast-tracking flawed bills at all costs.

Bill C-30 was particularly disappointing. Fortunately, public pressure made the government back down. Bill C-55 fixes some things that Bill C-30 would not have fixed. Bill C-30 would have unfortunately created more problems than solutions.

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, I would like to congratulate my colleague on his speech and his new role on the Standing Committee on Finance of which I used to be a member. I know that my colleague will do incredible work there. I am now a member of the Standing Committee on Justice and Human Rights.

As my colleague mentioned, hon. members will recall the comments made by the Minister of Public Safety with regard to Bill C-30. He said that anyone who did not support the bill stood with child pornographers. This shows that there is a lack of understanding and a problem with regard to openness and discussion.

The hon. member for Terrebonne—Blainville talked about how flawed Bill C-30 was. The bill was supposed to make the corrections required by the Supreme Court ruling.

I would like the hon. member to comment on the Minister of Public Safety's views and on Bill C-30.

[Raymond Côté, NDP, Beauport—Limoilou, QC]

Mr. Speaker, I would like to thank my colleague and congratulate him on his new role as a member of the Standing Committee on Justice and Human Rights. I am sure that he will do a remarkable job there. He had an excellent track record as a member of the Standing Committee on Finance.

Frankly, the Minister of Public Safety's inappropriate remark is disappointing and shows the government's worrisome lack of openness when it comes to governance and accountability.

The Minister of Public Safety's verbal attack aside, the fact remains that he is responsible and accountable to the House. In my opinion, he seems to want to do as he pleases with impunity. However, things do not work like that in society. Whether it is in the smallest unit of society, namely, the household or family unit, or in community life in general, when an individual interacts with hundreds of people, he has to be able to make concessions and think about others, something the Minister of Public Safety seems incapable of doing.

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, I rise today in the House to speak about Bill C-55, An Act to amend the Criminal Code, the government's response to the Supreme Court’s decision in R. v. Tse.

As my colleague explained, I now have the pleasure of sitting on the Standing Committee on Justice and Human Rights. Before that I sat on the Standing Committee on Finance. Now, I have the pleasure of working with our justice critic, the member for Gatineau. Since becoming a member of this committee and working with her, I have discovered that her knowledge of the justice field is incredibly broad and that she does extraordinary work. As with all the files on which she has worked, she led the team very capably and clarified our position on Bill C-55.

Our position is clear: we are in favour of Bill C-55 because it is a step in the right direction. We have supported the bill at every stage because it resolves one of the legal problems in the Criminal Code. The R. v. Tse ruling made it possible to tell the government that the Criminal Code, as enacted in 1993, with the wiretaps provisions, was unconstitutional. I will discuss this unconstitutional aspect a little later on.

I believe the bill is a step in the right direction. It updates the wiretapping provisions that the Supreme Court of Canada had ruled unconstitutional. In the R. v. Tse decision, the Supreme Court of Canada found that an emergency wiretap authority without a court authorization in situations of imminent harm could be justified under the Canadian Charter of Rights and Freedoms.

Certain amendments therefore had to be made. Section 184.4 of the Criminal Code was enacted in 1993 and was unconstitutional, primarily because it contained no accountability measures. I repeat, section 184.4 must be used only in exceptional circumstances. It is an emergency measure. Wiretapping is an infringement of privacy. However, in certain cases, such as in the cases discussed, it is a necessity, as it also involves public safety.

We as legislators must balance the two aspects: public safety with freedom and the right to privacy. Fortunately, this is what the bill does. The law as it was in the past made it impossible to achieve this balance.

The Supreme Court made a rather pressing and important point in its decision. According to the Supreme Court, the Criminal Code, as it stands, is unconstitutional. The court therefore directed the government to introduce a bill to address the problem. The Supreme Court gave the government until April 13, 2013, to enact amendments to ensure that the justice system can function legitimately. Unfortunately, when the government took power, it introduced many bills that it felt were more important, but did not really do what the Supreme Court asked of it.

I will return to Bill C-30, but I would like first to discuss Bill C-55 in more detail. The issue here is the reporting requirement for interceptions of private communications. This is important. We need to know what is going on and we need accountability. This bill concerns the requirement to report, which is important.

Bill C-55 provides that any person who has been the object of an interception must be advised within a period of 90 days to three years. Several questions were raised about the three-year time period, but after hearing witnesses, in particular those from the Department of Justice, we understood that there were reasons that made this acceptable. Of course, the time period will not always be three years. We hope that it will be shorter. However, we are reassured by the fact that those who have been under electronic surveillance will be advised thereof. The bill also restricts what categories of people can make such interceptions.

One of the problems with Bill C-30, which I would like to discuss further, is that it allowed almost anyone to do so, and placed certain obligations on telecommunications companies and so on. Now that has been clarified somewhat. The bill says that the police have the right to intercept communications. Witnesses raised questions about whether this should be clarified and whether it should go still further. Should it be a higher-ranking officer, such as a police supervisor? When we heard the witnesses and thoroughly analyzed the question, we found the definition adequate in terms of being understandable, particularly when applied more broadly to the Criminal Code.

I would like to say more about Bill C-30, because the Supreme Court requirement told the government to come back with a bill that was not unconstitutional by April 13, 2013. We are aware of the fact that it takes a great deal of time for a bill to work its way through the parliamentary legislative system.

The government began by introducing Bill C-30.

Bill C-30 required telecom providers in Canada to monitor user data and be prepared to hand over personal information to authorities without a warrant or judicial oversight. We saw that as a big problem, and a lot of members stood in the House and said that, including my colleague from Terrebonne—Blainville, who is the NDP critic.

He is an incredible colleague who fought very hard. The public also helped us by expressing its opposition to this bill.

Canadians must not forget what the Minister of Public Safety said at the time.

On February 13, 2012, the minister, in answer to a question on Bill C-30, said:

Mr. Speaker, I thank the member for the opportunity to tell him that every province unanimously supported moving forward with the legislation that was introduced first under the Liberal government, by his party. As technology evolves, many criminal activities, such as the distribution of child pornography, become much easier. We are proposing measures to bring our laws into the 21st century and to provide the police with the lawful tools that they need. He can either stand with us or with the child pornographers.

When we look at history, we know the government made a huge mistake with the bill, and it knows it. Bill C-30 was wrong. The fact that a minister could speak that way and then come back and say that maybe it was a mistake and the bill went too far, it was not maybe, it really did. When he spoke like that, it showed narrow-mindedness. If Conservatives want to collaborate and work on better legislation, especially after the Supreme Court told us to do it, we hope there will be better preparation by members opposite in the future.

The NDP was very pleased that the minister and the government admitted their mistake and realized that they had gone too far. There was no reason for them to attack the protection of privacy. The scope of their legislation was too broad and they were asking telecommunications companies to obtain information without a warrant. Canadians and my constituents were outraged. I heard this from many of my constituents.

OpenMedia came up with a campaign to go against it. Once in a while, the government actually listens to what people have to say, and I am glad it did. I wish the government would have done it before coming up with such a bill, but coming back with Bill C-55 is a good thing. The government has looked at what needs to be done. The Supreme Court was pretty clear that we needed to amend the law so that we followed what the charter said, which the government did. That is why we support it. It is really important that the rule of law, the Constitution and the charter be respected.

[Carol Hughes, NDP, Algoma—Manitoulin—Kapuskasing, ON]

Mr. Speaker, I really appreciate my colleague's comments. He is quite right about the first bill introduced to deal with this matter, Bill C-30.

I am wondering if he would talk about why it is important for the government to ensure, before introducing bills, that all the proper steps have been taken. First, its lawyers must examine the bill and the government must listen to the advice it receives. The problem should not be addressed when the bill is before the courts. Bills that make sense and that will work should be introduced.

Could the member talk a little more about the fact that the Conservatives may have problems with people who give them bad advice?

[Hoang Mai, NDP, Brossard—La Prairie, QC]

I would like to thank my colleague for her very fitting question.

We are here today with this kind of bill before us because the previous government—a Liberal government—did not do its homework with regard to complying with the Charter of Rights and Freedoms.

We can indeed see the problem quite clearly in this case. Bill C-30 is one example, but many bills have been passed. As I explained in my speech, the government drafts bills on the back of an envelope, as it were, without really verifying whether they violate the charter. What is really troubling is that it is ultimately taxpayers who must pay more because there are costs. The government is sued by other provinces or other organizations and then has to draft an entirely new bill.

My colleague from Gatineau, our justice critic, was very clear on that point and she even moved a motion. We wanted to study the mechanism in place because we felt it did not work very well. In particular, someone like Mr. Schmidt said that the government was not doing its job, that it was not determining whether its bills in fact complied with the charter. So there is a problem in this area. The government should do its homework and work harder to ensure compliance with the Charter of Rights and Freedoms.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I want to thank the member for his speech.

This debate obviously concerns my amendments. I want to ask the member whether he supports the idea that it is very important for this House of Commons and for all members to make this bill as strong as possible, to make it comply with the charter. Politicians and groups of expert lawyers currently feel that the bill is a little too weak because we have not added the amendments to obtain more compliance reports or to determine whether a police officer can use this section of the Code.

That is my question.

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, I would like to thank the member for Saanich—Gulf Islands for her question.

In theory, yes, we agree that attention must be paid to the charter and that privacy must be protected. That is very important. Wiretapping must be used in emergencies and really on an exceptional basis.

My colleague raised certain points when we studied this bill in committee. First, we received assurances from the witnesses who were there. They represented all kinds of positions. They were not simply government people. We really got assurances in that respect. I know that my Liberal colleague also proposed an amendment regarding reports, but subsequently changed his mind. The witnesses told us that the provinces already had a certain duty to prepare reports in that respect.

Provincial law enforcement agencies have certain obligations they have to fulfill. We felt comfortable with the explanation that those were in line with what we wanted in terms of protecting civil rights and the right to privacy.

[Carol Hughes, NDP, Algoma—Manitoulin—Kapuskasing, ON]

Mr. Speaker, I am glad to add my remarks to the debate on Bill C-55. As we have seen, the Conservatives are learning a hard lesson about the proper consideration that should be put into drafting a bill. Unfortunately, this is being learned at the expense of the taxpayers.

Hard-working Canadians know that to save time and money, it is important to do things right the first time. As the old saying goes, and my mom was a seamstress, so I heard this a lot, “measure twice and cut once”. That is a phrase I hope the Conservatives will keep in mind when it comes to drafting legislation going forward.

It is important to assure Canadians that this chamber gives proper consideration to any and every bill before the House, especially those that affect some of the rights and freedoms most cherished by the Canadian people. While I am thankful that the judges of the Supreme Court are able to reinforce our charter rights and declare legislation unconstitutional if it violates these rights, I am in agreement with my extremely knowledgeable colleague from Gatineau, who expressed concerns in her speech to this bill at second reading about sending people to court. Again, it is not because I do not have faith in the courts. I have every belief that our courts work to protect Canadians and defend the Constitution. In fact, the need for tabling bills like Bill C-55 reinforces my statement. However, the process of this roundabout way of making legislation is costly, and there are problems accessing justice.

If we do our job properly the first time, if we give a bill the proper consideration when it is drafted and make sure that it complies with the Canadian Charter of Rights and Freedoms as well as the concerns of Canadians, we will avoid many of these issues. If we do our job to the best of our ability, then I have no issue with having to redraft legislation at the request of the court. It is the job not being done right the first time that I, along with hard-working Canadians, take issue with.

Before I speak further to the content of Bill C-55, we must reflect on its history. In 2012, the Conservatives introduced Bill C-30 as an attempt to resolve every conceivable problem related to surveillance. Thankfully, Canadians were not afraid to speak up to ensure that their rights and freedoms were protected from a government that sought to unreasonably limit them. Public opposition to this bill erupted in a swarm of online campaigns and a general backlash. To quote the B.C. Civil Liberties Association:

It incorporates many, many people into a web of suspicion that shouldn't be there. The growth of the database nation presents a grave danger to democracy.

It incorporates many, many people into a web of suspicion that shouldn't be there. This is what we are seeing over and over again from the Conservatives. They are basically trying to say that people on EI are criminals, because now they are sending police there. They are treating seniors with disrespect. They are trying to label people as if they were not abiding by the rules, and they are. It is the Conservatives who are not.

A poll conducted by Angus Reid Public Opinion demonstrates that the majority of Canadians felt that the bill was too intrusive. The bill was not only very unpopular among members of the Canadian public, but it piled onto elements of the Criminal Code that are unconstitutional, as noted by the Supreme Court. This is reflected in the Supreme Court of Canada's decision in R. v. Tse. In that decision, the judges of the court ruled that the emergency wiretap provision in section 184.4 of the Criminal Code was unconstitutional. The judges stated that accountability measures must be put in place. The court gave Parliament until April 13, 2013 to amend the provision to make it constitutional.

It is clear that Bill C-55 was drafted to respond to the concerns expressed by the courts, and at the eleventh hour, I must say. Specifically, Bill C-55 would require reporting on the interception of private communications made under section 184.4. It would narrow which individuals can intercept private communications. People who have been wiretapped would have to be notified. It would also limit the use of wiretapping to offences listed in section 183 of the Criminal Code.

Finally, we would have some consideration given to accountability and notification. Both are necessary to protect the important privacy interests at stake. I am glad that Bill C-55 would consider the concerns expressed by the courts. We have to thank the Canadian public, which voiced its opinion on this.

It is a shame, however, that instead of considering these issues and trying to fix legislation that is already in place, we get bills like Bill C-30 that seek to further limit our rights and freedoms that are protected under the charter. Instead of ensuring that what we already have is working, the Conservatives attempt to pile on legislation that would further limit our rights and freedoms. This is the most ineffective and inefficient way to enact policy.

On this side of the House, New Democrats will continue to hold the Conservatives accountable with respect to the rights and freedoms of Canadians at every stage of the legislative process and will ensure that things are done right the first time. That is why I want to express my concerns about elements of Bill C-55. While the recommendations of the courts are being implemented, we must ensure that the bill is not simply an updated version of the wiretapping provisions the Supreme Court deemed unconstitutional or the surveillance bill that the Canadian people so rightly opposed.

When considering this type of legislation, we want to make sure that we are equipping our law enforcement professionals with the tools they need to do their jobs effectively and efficiently. We want to do this in a way that limits the rights and freedoms of Canadians as little as possible. We want to ensure that the voices and concerns of the Canadian people are reflected in the legislation that is ultimately meant to protect them. As discussed by the Supreme Court, it is a matter of striking a reasonable balance between an individual's right to be free from unreasonable searches or seizures and society's interest in preventing serious harm. At every stage of the process, we must consider these conditions.

This is no easy task and is not one we can simply glance over. The Canadian public expressed its concerns about the former Bill C-30, and we are committed to having those concerns reflected in Bill C-55. As stated by the Canada Research Chair of Internet and E-commerce Law, Dr. Michael Geist:

Bill C-30 may be dead, but lawful access surely is not. On the same day the government put the bill out of its misery, it introduced Bill C-55 on warrantless wiretapping. Although the bill is ostensibly a response to last year's...decision from the Supreme Court of Canada, much of the bill is lifted directly from Bill C-30.

Of course, all members are aware of the campaign that helped Canadians share these concerns with their MPs and challenged members to defend privacy.

My office is always receiving inquiries regarding the protection of privacy. Canadians jealously guard section 8 of the Canadian Charter of Rights and Freedoms under which everyone has the right to be secure against unreasonable search and seizure.

However, no voter has ever come to the office to request that unreasonable limits be imposed on Canadians' right to privacy. With a government that is trying to pass laws that would allow it to spy on its citizens, Canadians have the right to be concerned.

On this side of the House, we will continue to oppose unreasonable search and seizure. The Conservatives must respect the reasonable limits that have been set out by the courts.

It is ironic that the Conservatives, who claim to want to reduce government intervention, are seeking to pass a legislative measure that will turn Canada into a country that is monitored in a Big-Brother-like fashion. Canadians are right to be wary of any legislative measure put forward by the Conservatives that limits the rights and freedoms guaranteed by the charter.

As we saw during the uproar in response to Bill C-30, Canadians are paying close attention on this front. Now it is time for the government to listen to Canadians as well as to the courts.

The NDP will continue to fight to uphold the rights and freedoms of Canadians. It is important that these rights and freedoms are given proper consideration before drafting and tabling legislation to ensure that things are done right the first time. We must ensure that the guidelines set out by the courts regarding this new bill are followed. We must ensure that it strikes a reasonable balance between an individual's right to be free from unreasonable searches or seizures and society's interest in preventing serious harm.

Finally, we must ensure that all of this is done right the first time. We owe it to Canadians to ensure that anything that goes through the House is given proper consideration, especially when it involves the rights and freedoms of the Canadian people. Given the history of Bill C-30 and the Supreme Court decision in Tse, we believe that the current bill, Bill C-55, strikes a balance between personal freedoms and public safety. We expect that consideration of this sort be implemented in all bills passed before the House so that we do not get more bills like Bill C-30.

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I would like to thank the hon. member for her excellent speech and the comments that she made about Bill C-55.

Throughout this early afternoon, I listened to what the other members had to say about the importance of this bill, which will remedy a flaw or close a loophole that the Conservatives left in Bill C-30, which is truly an aberration. The Conservatives ended up abandoning this bill because public pressure put them in their place.

The Conservatives are in the bad habit of doing things too quickly, without worrying about respecting the charter and the Constitution, for example. This is a problem that we do not mention often enough and a Conservative shortcoming.

I would like the hon. member to comment on omnibus bills such as Bill C-38 and Bill C-45, two bills that are nearly 800 pages long and that were examined very quickly. The government does not take the time to check whether it is abiding by Canada's key pieces of legislation, namely, the charter and the Constitution.