Protecting Canadians from Online Crime Act

An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Peter MacKay  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment amends the Criminal Code to provide, most notably, for
(a) a new offence of non-consensual distribution of intimate images as well as complementary amendments to authorize the removal of such images from the Internet and the recovery of expenses incurred to obtain the removal of such images, the forfeiture of property used in the commission of the offence, a recognizance order to be issued to prevent the distribution of such images and the restriction of the use of a computer or the Internet by a convicted offender;
(b) the power to make preservation demands and orders to compel the preservation of electronic evidence;
(c) new production orders to compel the production of data relating to the transmission of communications and the location of transactions, individuals or things;
(d) a warrant that will extend the current investigative power for data associated with telephones to transmission data relating to all means of telecommunications;
(e) warrants that will enable the tracking of transactions, individuals and things and that are subject to legal thresholds appropriate to the interests at stake; and
(f) a streamlined process of obtaining warrants and orders related to an authorization to intercept private communications by ensuring that those warrants and orders can be issued by a judge who issues the authorization and by specifying that all documents relating to a request for a related warrant or order are automatically subject to the same rules respecting confidentiality as the request for authorization.
The enactment amends the Canada Evidence Act to ensure that the spouse is a competent and compellable witness for the prosecution with respect to the new offence of non-consensual distribution of intimate images.
It 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.

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.

Votes

Oct. 20, 2014 Passed That the Bill be now read a third time and do pass.
Oct. 1, 2014 Passed That Bill C-13, An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act, as amended, be concurred in at report stage.
Oct. 1, 2014 Failed That Bill C-13, in Clause 20, be amended by adding after line 29 on page 14 the following: “(2) For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protections for personal information affirmed by the Supreme Court of Canada decision in R. v. Spencer 2014 SCC 43.”
Oct. 1, 2014 Failed That Bill C-13 be amended by deleting the short title.
Oct. 1, 2014 Passed That, in relation to Bill C-13, An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
March 26, 2014 Passed That, in relation to Bill C-13, An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act, not more than one further sitting day after the day on which this Order is adopted shall be allotted to the consideration at second reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Protecting Canadians from Online Crime ActGovernment Orders

October 10th, 2014 / 1 p.m.


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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, what we have with Bill C-13 is a comprehensive bill that would get the job done. It is also important to recognize that not only do we have the bill in front of us here, but we have many other measures. We talk about the need for prevention. We talk about the need for education. This is one piece of an important puzzle, but what this piece of legislation would do is be comprehensive in terms of how it would tackle this issue in an effective way.

Protecting Canadians from Online Crime ActGovernment Orders

October 10th, 2014 / 1 p.m.


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NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

Mr. Speaker, I would like to thank the parliamentary secretary. Her presentation was thoughtful and there were interesting elements to consider. I do worry about her analogy of the small fishing boat and the fisherman. I would suggest to her that there is a possibility that there is a fishing trawler behind that, sucking up all the information as it goes along.

One of the witnesses we heard in the committee represented the Canadian Bar Association. That witness certainly thought that the bill went far beyond what is being discussed here, but also made major modifications to general provisions regarding search and seizure. I would like to hear the member's comments on that.

Protecting Canadians from Online Crime ActGovernment Orders

October 10th, 2014 / 1 p.m.


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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, what I did in my comments, and I hope I did it effectively to reassure my hon. colleague, was talk about the different levels of tools, depending on the issue in terms of what the police actually need. Again, there are times when the information that is required is perhaps more precise in nature. The bill would give the tools for that, versus the times when the police need to have the more general production orders.

What we have tried to do is recognize that it is very much a different situation in terms of small, targeted, precise information that continues to support the investigation, versus the more general production order.

Protecting Canadians from Online Crime ActGovernment Orders

October 10th, 2014 / 1:05 p.m.


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The Acting Speaker Bruce Stanton

Before we go to resuming debate and the hon. member for Churchill, I will let her know that we have only 10 minutes in the time allocated for government orders today. She can judge her time accordingly, and I will interrupt her at that time and give her the normal indication.

Protecting Canadians from Online Crime ActGovernment Orders

October 10th, 2014 / 1:05 p.m.


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NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, I am very pleased to rise in this House to speak to this very important bill. I want to thank my colleagues who, both in committee and in the House of Commons, have defended our New Democrat position in opposition to the bill, and have spoken of what we expected from our proposal to ensure that the bill is about putting a stop to cyberbullying, as it says it is.

Unfortunately, what we have, once again, is the Conservative government using language—and in this case, I would also argue, using people who are in vulnerable situations—to put forward a regressive agenda that has everything to do with attacking people's privacy. It leaves tremendous loopholes in terms of powerful actors gaining access to private information, and that would do very little to put a stop to cyberbullying, which is a very serious and sometimes tragic problem in our society.

We have heard from my colleagues as to why we do not support the bill. We put forward, I believe, 37 amendments at committee to improve the bill. We indicated that whether it is the private member's bill put forward by my colleague, the member for Chicoutimi—Le Fjord, for an anti-bullying strategy, or the bill put forward by my colleague, the member for Dartmouth—Cole Harbour, to deal with sexual images and exploitation online, there are ways we can try to put a stop to cyberbullying and to the way in which too many people are exploiting privacy, private images, and taking advantage of people, in many cases young women, online.

What I find most disturbing about the debate and discussion around Bill C-13 is the way in which the tragic stories of young women who took their own lives as a result of cyberbullying are being used by the current government to push its agenda.

I do not know how many more ways we can say that this is wrong, that this is beyond disrespectful. It is disturbing, frankly.

I have had the opportunity to meet with the mother of Amanda Todd, and I have met with other youth, including those involved in Jer's Vision, who have done a great deal to try to fight bullying and cyberbullying in our communities. These are people with ideas. Sometimes these are ideas that come from places of immense pain, of having lost a loved one or having themselves experienced suicidal thoughts to get away from bullying. Despite that, they are proposing ideas. They are finding ways in their communities, and they are calling upon leaders at all levels of government, particularly at the national level, to take steps that would have an impact on ending bullying.

I am particularly encouraged by those who are applying a gender lens to this kind of bullying because we know it has a gender lens. There were the high-profile cases of young people who took their own lives as a result of cyberbullying, and they were women. In many of the cases, unfortunately, particularly in the mainstream media, women's experiences when it comes to the use of bullying was missed. Sexual objectification is very different and can lead to some very devastating situations.

I also want to acknowledge the way in which LGBT youth, lesbian, gay, and trans youth, are often the targets of cyberbullying, which has a gendered lens as well. Yet nowhere in Bill C-13 is there any plan to act on, not just bullying, but the cyber-misogyny that we see running rampant online and in our society.

I would like to turn the attention of the House and of those who are listening to the phenomenal work being done across the country to draw attention to cyber-misogyny and the way in which we can take legal action, but more importantly, employ policies and invest socially in order to put an end to cyber-misogyny.

I want to draw attention to the recent report by West Coast Leaf called “#CyberMisogyny” that is entirely about what all of us at the federal, provincial and municipal levels, in our schools and even in our homes can do to begin putting an end to cyber-misogyny. It is not a quick fix and it certainly is not Bill C-13. What it requires is real leadership and tackling the very serious issues of inequality, violence against women, sexual harassment, and the marginalization of girls and women in our society.

It also means taking bold action when it comes to putting an end to the discrimination of trans people and the particular discrimination that trans women face, and recognizing that we have a role to play. Sadly, all I hear in the House is the way in which the Conservative government is using the stories of young women who experience cyber-misogyny to put forward its own agenda, which has nothing to do with that. The hypocrisy, and frankly, the disregard for these women's memories is, like I said, disturbing.

In taking the next steps, I would encourage the government to not only see the value of dropping this badly thought out bill, which stands to benefit some of the government's agenda with regard to pulling people's private information and having access to people's private lives in a way that it sees as helpful, I guess. However, there are other steps it ought to be taking.

For one, it could support the motion that I put forward, a national action plan to end violence against women. It could work with this side of the House to try to find a way to build a comprehensive anti-bullying strategy, including working with community organizations and young leaders who are on the front lines and understand what it means to be a victim of cyberbullying.

It could also look at specific measures, as I have indicated, including Bill C-540 that was introduced in the House last June, which would make it an offence to produce or distribute intimate images of an individual without his or her consent. The list goes on, and many of my colleagues have been pointing to the actual steps that the government could be taking to put an end to cyberbullying.

I would like to end with a demand that so many people have, that the memories of those young women such as Amanda Todd and others not be used as a front for what is, once more, a piece in the regressive agenda put forward by the federal government. It can do better.

Protecting Canadians from Online Crime ActGovernment Orders

October 10th, 2014 / 1:10 p.m.


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The Acting Speaker Bruce Stanton

It being 1:15 p.m., pursuant to an order made Wednesday, October 1, 2014, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the third reading stage of the bill now before the House.

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

Protecting Canadians from Online Crime ActGovernment Orders

October 10th, 2014 / 1:10 p.m.


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Some hon. members

Agreed.

No.

Protecting Canadians from Online Crime ActGovernment Orders

October 10th, 2014 / 1:10 p.m.


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The Acting Speaker Bruce Stanton

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

Protecting Canadians from Online Crime ActGovernment Orders

October 10th, 2014 / 1:10 p.m.


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Some hon. members

Yea.

Protecting Canadians from Online Crime ActGovernment Orders

October 10th, 2014 / 1:10 p.m.


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The Acting Speaker Bruce Stanton

All those opposed will please say nay.

Protecting Canadians from Online Crime ActGovernment Orders

October 10th, 2014 / 1:10 p.m.


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Some hon. members

Nay.

Protecting Canadians from Online Crime ActGovernment Orders

October 10th, 2014 / 1:10 p.m.


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The Acting Speaker Bruce Stanton

In my opinion the yeas have it.

And five or more members having risen:

Pursuant to Standing Order 45, the recorded division stands deferred until Monday, October 20, at the ordinary hour of daily adjournment.

I see the hon. member for Ancaster—Dundas—Flamborough—Westdale rising.

Protecting Canadians from Online Crime ActGovernment Orders

October 10th, 2014 / 1:15 p.m.


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Conservative

David Sweet Conservative Ancaster—Dundas—Flamborough—Westdale, ON

Mr. Speaker, if you seek it, I think you will find unanimous consent to see the clock at 1:30 p.m.

Protecting Canadians from Online Crime ActGovernment Orders

October 10th, 2014 / 1:15 p.m.


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The Acting Speaker Bruce Stanton

Would it be the pleasure of the House to see the clock at 1:30 p.m.?

Protecting Canadians from Online Crime ActGovernment Orders

October 10th, 2014 / 1:15 p.m.


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Some hon. members

Agreed.