Thank you very much.
Good morning, Mr. Chair, and ladies and gentlemen of the committee.
My name is Jean-Michel Blais and I am the Chief of Police, Halifax Regional Police Service. Unfortunately, I was not able to join you today in Ottawa, because my schedule is quite full and I have other commitments. However, given the subject you are studying, I am going to testify by videoconference.
As the Chief of Halifax Regional Police, I am honoured that the committee is giving police and my service an opportunity to lend our voices to this important issue. I would also like to thank Chief Chu for extending an invitation to me to participate in this discussion.
As a member of the Canadian Association of Chiefs of Police and as a chief of police whose community has seen first-hand the devastating consequences of exploitative online behaviour, I fully support the introduction of Bill C-13. It will serve to improve online safety, allow for the effective investigation of Internet and technologically-based crimes, and provide consequences for cyberbullying and the non-consensual distribution of intimate images. With the advent of the Internet, no one could have anticipated the pace of technological advancements or the implications they would have on our society, particularly our youth, who are digital natives as opposed to us, a bit older, who are really digital immigrants.
In this technologically evolving landscape, we in policing are currently faced with some laws that were adopted in the rotary telephone era. We require modernized laws, as proposed in Bill C-13, which reflect the Internet era so that we can more effectively investigate and prosecute those using the Internet and other related technological platforms for a criminal purpose. In short, we need laws that recognize more modern forms of technology that did not exist when certain dispositions of the Criminal Code were first created. Furthermore, we require laws that modernize the investigative tools police can use to detect and combat crime while maintaining citizens' right to privacy. Bill C-13 will do that by providing a set of tools that will allow us to be effective and efficient in conducting investigations in today's high-tech environment while at the same time maintaining the judicial checks and balances needed to protect Canadians' privacy.
I want to share with you some examples from my investigators as to how Bill C-13 will strengthen police investigations and better serve our citizens and our communities. Today, as you know, there is no provision in the Criminal Code to address a person sending or posting intimate images of a person without that person's consent. This has become an increasing problem in society where, given the proliferation of social media, adults and children have becomes victims of cyberbullying and harassment through the non-consensual distribution of their intimate images. The proposed amendments would change that, better protecting all citizens from such acts.
The provisions of Bill C-13 will also provide investigators with the option of charging offenders with the non-consensual distribution of intimate images rather than child pornography offences in circumstances where the image is of a person under the age of 18. We view this of high utility in cases where the offender may also be a youth who, given their age and maturation, may not fully realize the devastating consequences of their actions, yet could currently face a criminal record for child pornography offences. Today's laws were not crafted with that intent in mind, and police believe that the provisions in the proposed amendments provide a more measured and appropriate approach and response in such instances.
On a personal level, I remember in 2003 when I was in charge of Manitoba's integrated child exploitation unit, all of our suspects were males in their 20s and 30s from various backgrounds. Some lived in their parent's basements while others were successful investment dealers and professionals of all stripes. If we had been asked then what the future would reserve for us, we would never have thought that in ten short years, people, including children, would be able to transmit graphic images that would constitute child pornography or result in some form of harassment simply through the use of a hand held cell phone.
This leads me to ponder, as both a police executive and a father of three children, as to what technologies have yet to be created that could result in further exploitation of children and adults. With C-13, it is proposed that offences involving harassing and indecent phone calls be changed to reflect modern means of communication to include harassing and indecent communication via telecommunication, broadening the scope of the offence to reflect today's technologically advanced milieu.
Police will be able to make traditionally sanctioned preservation demands and obtain preservation orders to secure data by telecommunication service providers or social networking sites until such time that investigators are able to obtain a production order or a search warrant to legally obtain the evidence. Currently, information can either be deleted or unpreserved by these entities as there is no legal obligation for them to do so. This is compounded by increasingly shortened data retention periods due to the inconceivable amount of data generated on today's technological platforms.
As I mentioned earlier, online exploitation has had devastating consequences here in Halifax, the effects of which reverberated around the world. To echo Chief Chu, we recognize that changing the law is only one part of the equation. But this bill, when it is coupled with education, awareness, and integrated community services, is a significant step forward in helping police and the community at large to effectively and efficiently deal with cyberbullying and the non-consensual distribution of intimate images, acts that perpetually revictimize the victims.
Ideally, when education and awareness approaches ultimately fail, the justice system must be properly equipped to respond. Nova Scotia has been at the fore of this issue, with introduction of the Cyber-safety Act just over a year ago. This, coupled with the law amendments of Bill C-13, will provide a powerful combination in addressing criminals who exploit or harass the vulnerable online.
As police agencies deal with cyberbullying and the perpetually expansive use of the Internet to commit other cybercrimes, we owe it to all such victims to be able to adequately investigate these files. We must fulfill an advocacy role for all Canadians and send the message that we will no longer tolerate the online victimization of our citizens.
It goes without saying that, as men and women respectful and ever-mindful of their imperious obligation to the rule of law, this must be done in such a way so as to respect the privacy rights of all Canadians. It is for that reason that we at Halifax Regional Police lend our support to this important and required legislation.
Thank you again for this opportunity.