Evidence of meeting #31 for Access to Information, Privacy and Ethics in the 43rd Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was workers.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Melissa Lukings  Juris Doctor Candidate, Faculty of Law, University of New Brunswick, As an Individual
Jennifer Clamen  National Coordinator, Canadian Alliance for Sex Work Law Reform
Sandra Wesley  Executive Director, Stella, l'amie de Maimie
Clerk of the Committee  Ms. Miriam Burke

11:55 a.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Yes, okay.

I'm interested because we were very clear when we started this study that we do not have the mandate of the status of women or justice committees, where this discussion about sex work I think is very germane. Our focus was whether or not the laws protecting privacy, images and non-consensual images are used.

I've been asking continually, don't we have laws? But the Liberal government is talking about creating a new regulator. It seems to me to be a kind of a bizarre addition; either we have laws that protect on child pornography and if it's breaching the law it gets taken down.... It seems to be fairly straightforward, but what do you think of this idea of a regulator of online content?

Noon

National Coordinator, Canadian Alliance for Sex Work Law Reform

Jennifer Clamen

I'll go back to what I was saying originally. The problem with the conversation and in this committee as well is the conflation of youth and adults, so I don't know that it makes sense.

I think Sandra put it extremely well just now. Rather than pretending that you're having the same conversation moving forward, I think you need to start from the beginning and really unmix all of the conversations you're having at the same time. You're asking me about regulation of the Internet in this moment, but I've also been watching the testimonies and I've heard at the same time the way that people say they've got a home and now they have to think about their children in certain ways—

Noon

NDP

Charlie Angus NDP Timmins—James Bay, ON

Do you think that a new regulator will change that?

Noon

National Coordinator, Canadian Alliance for Sex Work Law Reform

Jennifer Clamen

New regulations aren't necessary, no.

We don't think that any special regulations around the sex industry should be....

However, I would also like to say, in fairness, that you might have started with the mandate around privacy, and that's one that we were really interested in, but the first person that you invited to this committee—I was told by the clerk—to frame the discussion was somebody from Rape Relief who told you that sex work is exploitation. That's how the conversation started.

Noon

NDP

Charlie Angus NDP Timmins—James Bay, ON

Okay. Thank you for that.

I just need to really clarify this because we have a very simple mandate, which is the issue of whether or not images are being used without consent. That was what we started with, and that was where we were at. We have received many briefs, and many briefs from across the political spectrum, as is people's right. Whether or not somebody doesn't like Madonna is not really something I'm interested in. I'm interested in whether the laws that we have are sufficient for people who are non-consensual.

This study did come from The New York Times article. I don't think it helps to say that it's fabricated news or that it's some kind of right-wing agenda. It was a very powerful question. Why would someone who was a child whose images were being exploited...? Why would those be put on Pornhub and you couldn't take them down? That was a straightforward question. We thought those answers would be pretty straightforward to get.

I spoke with a Pornhub executive who said to me that he was very flummoxed by the refusal of Pornhub to deal with these. Apparently, he said, it's a very small percentage of their whole business model. They have a very profitable business model. I have absolutely no interest in the pornography industry, whether it's added to.... It's not my issue. My issue is this: Why was Serena Fleites' video up there and she couldn't get it down? She was not a youth working in the sex industry; she was a child, period.

We have laws that should affect that. The issue of sex workers' rights and working in a safe space is all, I think, perfectly legitimate and fair to discuss, but what I'm looking at in terms of the ethics committee is whether or not we have protections for those for whom it wasn't consensual.

When the RCMP told a survivor that they had no mandate to deal with taking down her sexual assault video because the terms and conditions of Pornhub protected them, I found that to be ridiculous because the consent that was given was by her sexual assaulter, not by her. You guys might think that these are stories that are conflating and upsetting and attempting to turn peoples' minds.... To me, this is what I heard from witnesses. I think if a survivor called the RCMP and said, “Listen. This was non-consensual”.... Nobody believes survivors. They go to the police all the time. Sex workers, they don't believe.

I want to know that the laws that exist in this land for something like that.... They have to be pretty straightforward. Pornhub is an immensely powerful company. They have all the tools in the world. When these issues are raised—and they are raised about Pornhub because it is a Canadian company.... We can deal with them. We can't deal with all the others, and it's not our mandate to deal with all of the others. However, when it's an issue of someone who says, “This was an assault on me, and it's up there on the site,” it should be fairly straightforward to have that taken down without impinging on any of the rights of sex workers. I think that's a pretty straightforward thing to do.

12:05 p.m.

Liberal

The Vice-Chair Liberal Brenda Shanahan

Order, please.

The chair has asked me to take over the chair.

Mr. Angus, we'll give the witness a chance to give a very short answer.

12:05 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

I was actually going to ask Ms. Lukings because she looks into this stuff on the dark net.

12:05 p.m.

Liberal

The Vice-Chair Liberal Brenda Shanahan

Very good. Thank you.

12:05 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

I haven't heard her voice much, so I just want to hear it because she's....

Do we need to go to the dark net if we have laws to just protect people who should be on the legal online platforms, to just say, “No, that's a problem. Take it down. The rest of the stuff is fine”?

12:05 p.m.

Juris Doctor Candidate, Faculty of Law, University of New Brunswick, As an Individual

Melissa Lukings

A shout-out to Charlie Angus: Hey, I had dark hair when we met ages ago. What's up?

12:05 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Where was that?

12:05 p.m.

Juris Doctor Candidate, Faculty of Law, University of New Brunswick, As an Individual

Melissa Lukings

Newfoundland.

12:05 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Oh, yeah, I had dark hair too.

12:05 p.m.

Juris Doctor Candidate, Faculty of Law, University of New Brunswick, As an Individual

Melissa Lukings

I was expecting Jack Harris to be here. He isn't here.

12:05 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

He's smarter than me. That's why I called you out, yes.

12:05 p.m.

Juris Doctor Candidate, Faculty of Law, University of New Brunswick, As an Individual

Melissa Lukings

To answer your question, we were talking about what is actually required for companies. Looking beyond the issues of conflation and getting to what the actual issue is here, we have a company that is making money by hosting content. We already know that in business, under PIPEDA, you have a liability to protect personal information, and we already know that technology exists that allows us...I think it's called fingerprint or Microsoft DNA or something like that.

We also have automation technology, which is very available right now, that is able to scan images that are submitted and count the number of faces. It can also identify different faces. Think of when you open your phone and it looks at you and it's like, “Oh, you showered and you look like a troll today, Melissa. We're not opening for you.” Then I look normal and it opens. Each of these faces in a video would be identified as a different individual.

I see no reason why the new digital charter implementation act and the new rules under PIPEDA...rather than regulating, we put a larger onus on the content host, because it's going to have more fines anyway. If we put a larger onus on the host to ensure there is consent and fine those who don't follow those rules, I don't see why we couldn't have Pornhub and other websites hosting content on the surface web. People are going on the dark—

12:05 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

I am running out of time here, and I'm probably over—

12:05 p.m.

Conservative

The Chair Conservative Chris Warkentin

Mr. Angus, you are out of time completely.

12:05 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

We have the new charter. We are going to be dealing with this at committee. I do a lot better when someone does my homework for me.

Can you send me some of that language about how we could actually embed it into the new charter?

12:05 p.m.

Juris Doctor Candidate, Faculty of Law, University of New Brunswick, As an Individual

Melissa Lukings

Absolutely. I did a 76-page research paper on it this semester and got an A-.

12:05 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Awesome. Well, you are going to get an A+ at our committee.

12:05 p.m.

Juris Doctor Candidate, Faculty of Law, University of New Brunswick, As an Individual

Melissa Lukings

I can't cite things. It's hard.

12:05 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

That's okay.

12:05 p.m.

Juris Doctor Candidate, Faculty of Law, University of New Brunswick, As an Individual

Melissa Lukings

But I will absolutely send that within the next 24 hours. I can outline a full solution, with graphs and images and everything.

12:05 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Good. Thank you.