Mr. Speaker, I am happy to rise today in support of Bill C-55, An Act to amend the Criminal Code. I will be splitting my time with the member for Terrebonne—Blainville.
Finally, we have a helpful, useful intervention by the government, a crime bill we can support, not one laced with poison pills. That owes to the circumstances under which the bill comes before the House. It is really the force of circumstances in the form of a Supreme Court imposed deadline operating here, serving in a sense to take the matter out of the government's control.
It is the Supreme Court that has forced this amendment by way of its ruling in R. v. Tse, a case that dates back to April 2012. The case involved the issue of unauthorized wiretapping and, in response to the constitutional challenges raised, the Supreme Court ultimately ruled that such a practice could be considered constitutional if the matter were authorized properly by way of legislation. Therefore, the Supreme Court gave the government some time to figure this out, a year in fact, and Bill C-55 is the response. It represents the government's effort to ensure such unauthorized interceptions of private communications be done constitutionally, and it succeeds.
This bill would amend the Criminal Code to provide required clarity, oversight and accountability to the rules with respect to wiretapping in circumstances alleged to be too urgent for prior judicial authorization. Oversight and accountability do not come easily to the government, so it is encouraging to see the bill in Parliament. In fact, it is something just short of a miracle perhaps in light of the progenitor to this bill, Bill C-30.
The history of Bill C-55 is interesting and worthy of comment. Indeed, it explains why the bill is before us at the 11th hour, and indeed the last minute thereof, to boot.
The Supreme Court decision that we are discussing today was rendered a year ago, and yet here we are rushing this through before the April 13 deadline, which is looming. I will not be too critical of that because the timing of the bill is very much linked to the content of it and, frankly, what would make it succeed and be worthy of our support. It is the urgency of the circumstances that seem to have rendered the bill uncharacteristically brief and straightforward. It is in a twisted and counterintuitive way that we perhaps owe the Minister of Public Safety some thanks for his tendency to a debating style that is reductionist in the extreme and that very often ends up posing distorted binary options. It is usually some framing of the issue that places sympathy for victims in opposition to a respect for civil liberties and constitutional freedoms. The case in point today was the minister's claim that people were either with the government or with the child pornographers.
That was the framing for the now dead Bill C-30, the so-called “lawful access bill”. I call it the case in point because Bill C-30 was really the government's first crack at responding to the Supreme Court's invitation to put in place a legislative framework that would render constitutional the unauthorized interception of private communications. However, it was both and alarming and cynical overreach that attempted to exploit all of our disgust and abhorrence for terrible crimes against children in an effort to bully Canadians into giving up their right to privacy in online communications.
It was dubbed the “protecting children from Internet predators act”. That bill would have allowed law enforcement agencies to access Canadians' personal information without a warrant at virtually any time for virtually any reason. It would have given the minister and the government unprecedented powers to access information and to force telecom, Internet, telephone and wireless providers to allow the government to spy on customers. Bill C-30 would have effectively criminalized all Canadians.
That is the legislation the Minister of Public Safety brought to Parliament a little over a year ago when he thought he had a bit of time to play games with the legislation. That is what the Conservative government thought was reasonable: unlimited and unaccountable access to private communication. Luckily, Canadians, Canadian privacy commissioners and civil society organizations were watching, and they did not like what was being proposed. Also lucky was the minister exceeded even himself with offensive hyperbole and sabotaged his own bill in the process. Yes, it is for that and that alone in a strange way that we owe the minister some thanks.
The lesson of Bill C-30, of course, is not lost on anyone. It is that with time to play and left to its own devices, the government will gladly snatch from Canadians their right to privacy. Therefore, we can be sure that Canadians are watching and guarding that right very closely, as are we. Thankfully, this bill is a far cry from Bill C-30. It stands in contrast and, in fact, is short, simple, direct and straightforward.
The task to be accomplished by way of the bill is to amend the Criminal Code to comply with the Supreme Court's 2012 order to change section 184.4 of the code to comply with the Canadian Charter of Rights and Freedoms or to lose it. Section 184.4, as it is currently written, allows peace officers to intercept private communications in emergency situations where the officer or officers have reasonable grounds to believe the situation is one of imminent harm to life or property. The urgency of such situations necessitates actions before the proper judicial authorization can be obtained. There are times when this is an appropriate action that can prevent crime and protect Canadians and for this reason section 184.4 exists.
Where it has fallen short up to now is in the area of accountability, largely. Two things have been missing: first, a system of oversight to inform Canadians of when and how this legislation is used; and, second, a requirement to notify individuals whose communications have been intercepted within a period of time defined within the bill. The court found in the R. v. Tse decision that this gap in the legislation constituted a violation of the charter.
Bill C-55 would close this gap, perhaps not perfectly but through the use of four mechanisms. First, the bill would require that the Minister of Public Safety and provincial Attorneys General to make public a report on the use of section 184.4 to intercept private communications on an annual basis. Second, the bill would require that persons whose communications had been intercepted must be notified of the interception within a given period of time. Third, the bill would narrow the definition of who could conduct this surveillance and would change it from “peace officers” to “police officers”. Finally, the bill would specify the list of offences for which section 184.4 could be invoked to those offences listed in section 183 of the Criminal Code.
These four will result in an improvement to the section of the code that serves to both limit the use of warrantless wiretapping to certain individuals, circumstances and offences and to increase the accountability in cases where it is invoked. The Supreme Court of Canada has spoken on the issue and Bill C-55 is Parliament's answer and, in the our view, the right one. Enhanced accountability and transparency is something the NDP will always support.
We know from experience where a lack of oversight and accountability takes us. We get massive omnibus bills, tax bills and omnibus crime bills passed at the last minute, with no time for parliamentarians to vet legislation, as our constituents rightly expect us to do. We get bills like Bill C-30, which outraged the public, and the minister managed to shame himself in that process.
Bill C-55 would revive at least a bit of what the government had run over and left for dead, which is accountability, by requiring the Minister of Public Safety to report annually to Parliament on the use of section 184.4 and the frequency of warrantless wiretaps in emergency situations. It would also require provincial Attorneys General to make this information public as well.
This is the kind of legislation we need, not the kind that gives cabinet ministers or other officials unprecedented powers but one that upholds Canadian law and increases accountability of police to the public. This why my colleagues and I in the NDP will support the bill.