We would also like to express some thoughts on a few of the criticisms that are being brought forward about this bill.
First, some are expressing concern that the bill will negatively impact youth and result in many more instances of youth being charged and jailed. As an organization dedicated to the protection of all children, we would prefer if this issue could be solved through prevention, education, and awareness. Unfortunately, there will be times when additional tools are required to deter the behaviour, address the harm, and protect current and future victims, who, in many cases, are also children.
What has not yet been mentioned is that if the accused is a young person, the Youth Criminal Justice Act will come into play. That act establishes unique, conceptual, procedural, and substantive safeguards that are specifically designed to protect the interests of young people. There are detailed provisions included within that act that mandate that each person involved with the young person, from police, to the crown, to the judge, must take into account the level of maturity and development of that young person, and consider alternative and restorative mechanisms throughout the entire process.
Secondly, there have been objections raised with this committee about the recklessness standard being too low. The recklessness standard was a specific recommendation of the CCSO cybercrime working group, in its report to the FPT ministers responsible for justice and public safety. We echo what was expressed by David Butt, from KINSA. The recklessness standard, in a criminal context, is not a carelessness standard. It is definitely the same as the law of negligence. We encourage the committee to ensure that any decision made on the issue of recklessness is based on a full appreciation of the way in which recklessness is applied in a criminal law context.
Thirdly, concerns have been raised that Bill C-13 unduly interferes with the rights of Canadians under section 8 of the charter. The bill has two important safeguards: the requirement to apply for a warrant, and judicial discretion to issue or not issue the warrant. Police have a duty to make full, frank, and fair disclosure of all material facts to the issuing judge when they apply for a warrant. In our view, a judge is in the best position to assess the request in the context of those facts. The only part of the bill that does not require a warrant is the preservation section, but preservation is not the same as production. In our view, this bill strikes the appropriate balance between privacy rights and the safety of Canadians.