My next question is for Madam Mangat.
Thank you very much for your patience. It is one of those crazy days here on the Hill, and we have to finish the study of Bill C-55 today.
I understand the points you are making about warrantless interceptions under section 184.4. However, we can see Bill C-55 as a response to the Supreme Court decision in R. v. Tse.. The Supreme Court's main difficulty was the following:
Unless a criminal prosecution results, the targets of the wiretapping may never learn of the interceptions and will be unable to challenge police use of this power. There is no other measure in the Code to ensure specific oversight of the use of s. 184.4. In its present form, the provision fails to meet the minimum constitutional standards of s. 8 of the Charter.
Bill C-55 expressly provides that people be informed that they have been the object of surveillance or that their conversations have been intercepted. Perhaps all the problems surrounding interceptions and electronic surveillance will not be solved. Let us focus on Bill C-55. Does it not address the problem raised by the Supreme Court in that respect?
We have to keep in mind that it deals with very specific cases. According to the wording, conditions must be met.
“A police officer may intercept, by means of any”—whatever means—“(a) the urgency...”. They'll have to prove it at some point in time in court if somebody is sued: (a) the urgency of the situation is such that an authorization could not, with reasonable diligence, be obtained
The officer must prove that he could not obtain the so-called authorization and that:(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
There are some boundaries. Am I correct in saying so? The person will be notified also, so if at some point in time they think it was
…counter to their fundamental rights under the Charter, there could be challenges.
Does the bill not expressly address the Supreme Court's concerns and its request for a correction?