Thank you, Mr. Chair, and welcome to the witnesses. Your presentations were excellent.
I have a question for Mr. Spratt.
On May 1, this committee heard my colleague from the Liberal Party question the Minister of Justice on the proposed subsection 487.0195(2). The minister said this section is basically a re-enactment of the existing section, which has been renumbered primarily to accommodate the new preservation of production orders that are found in this bill.
He also said its purpose is also to spell out more clearly that a person assisting police would be able to benefit from the protection that's offered by the Criminal Code. So for those who voluntarily provide this type of information to assist law enforcement, this is a re-enactment of that existing section. So it is there for emphasis.
When my colleague asked the minister if he agrees that Bill C-13 codifies an immunity for telephone companies from class action lawsuits when they cooperate with warrants, with lawful demands for documents, the minister responded by saying that if it is deemed lawful, then they should be immune from prosecution and that this bill would not create any new protection from any criminal or civil liability for anyone who would voluntarily assist law enforcement. It simply clarifies existing provisions and protections.
Finally, when my colleague asked the minister about the circumstances where you have a warrantless but lawful request made by law enforcement to a telephone company, whether he agreed that in those circumstances the telephone companies had no obligation to disclose to their subscribers that they have given this information to authorities without a warrant lawfully, the minister said that really is an issue that is covered under the PIPEDA.
It is really, as well, potentially an issue of contract law between the individual and the service provider, the company. But the provision provides protection for those who are voluntarily assisting police in an investigation, where such assistance is not otherwise prohibited by law. It must be done in a way that complies with section 25 and this other section, 487.
Mr. Spratt, can you comment on the responses by the minister and do you agree with what the minister had to say?