Thanks very much. You raise a good point.
There are two things we would point out with this bill and with any legislation that you put in the Criminal Code. First, you need to prove criminal mens rea with every criminal offence, which is to say criminal intent. That's an essential element of every offence.
Second, there is prosecutorial discretion. There are many offences in the Criminal Code—I think Mr. Martin mentioned one of them—in which crown prosecutors have discretion whether or not to lay a charge and they work with the police to do that. The issues you've raised are why we're recommending a range of measures: public education; some regulations, which our office is already involved in enforcing with PIPEDA and the Privacy Act, and higher standards for organizations; and then civil remedies, which are probably what you would use the most, reserving Criminal Code offences as a necessary but probably rarer last resort.
Does that respond to your question?