Evidence of meeting #30 for Justice and Human Rights in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was heard.
A video is available from Parliament.
NDP
Pierre Jacob NDP Brome—Missisquoi, QC
In 2010, your office published a reference document titled “A Matter of Trust: Integrating Privacy and Public Safety in the 21st Century”.
So an analytical framework was developed to assess measures that affect both public safety and privacy protection. As you said, the goal of the exercise was to strike the right balance.
Do you think that Bill C-13 provisions are consistent with the rights guaranteed by the Canadian Charter of Rights and Freedoms?
Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada
I have not performed sufficient analysis to comment on the constitutionality of this bill. However, this morning, we have shared some of our concerns about privacy protection, and I will leave it at that.
I think the bill could be improved to take those concerns into account.
NDP
Pierre Jacob NDP Brome—Missisquoi, QC
On a priority basis, what amendments do you suggest to the committee?
Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada
We told you about four concerns.
The issue of legal immunity is very important. We feel the relevant provision should be removed or amended in accordance with the written submissions we made yesterday.
The reporting and accountability mechanisms are also very important.
NDP
Pierre Jacob NDP Brome—Missisquoi, QC
Thank you.
Do you share—and we would like to know why—the concerns raised by the information and privacy commissioners of Alberta, British Columbia and Ontario, who felt that Bill C-13 would authorize and potentially encourage the private sector to disclose more data without a warrant to law enforcement by granting extended immunity with regard to such practices?
Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada
Of course, every commissioner has their views on this matter. My opinion is in line with that of others in two areas.
The criminalization of cyberbullying makes sense. As I was saying, that's a good move. However, like some commissioners, I am worried by certain measures related to the modernization of investigation laws.
I think my colleagues and I are on the same page.
Conservative
The Chair Conservative Mike Wallace
Thank you for those questions and those answers.
Mr. Commissioner and his supporters, thank you for joining us today. We are going to clause-by-clause after this.
Mr. Commissioner, based on my reading I understand that you have 32 years of experience in the public service. Most people after 32 years would be looking for retirement. Congratulations on your retirement job as the Privacy Commissioner of Canada.
Conservative
The Chair Conservative Mike Wallace
Welcome and congratulations on that appointment. Good luck in the future.
Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada
Thank you. I don't see that as retirement at all. I intend to be active. Thank you.
Conservative
The Chair Conservative Mike Wallace
We're going to suspend while we get ready for the next piece on clause-by-clause.
Conservative
The Chair Conservative Mike Wallace
I'm going to call this meeting back to order. We are going to do clause-by-clause on Bill C-13. I want to thank each and every one who has submitted amendments on this and on time. I know there were a few slight changes last night that needed to be made.
I also want to welcome Ms. May to the table, who has submitted pieces for amendment as a private member—she might like to call it something else—and we will deal with them as we go. As a member she will be, when it comes to.... As common practice has been I think, Ms. May will get a minute to talk about her amendment that she's proposing on Bill C-13. I might even have started it, I'm not sure, in a previous bill.
I will read out where there is a conflict. So when I say a “line conflict” that means that if this passes, the others will be out of order—not passable because we've already done something with that line. I should let the committee know that I'm not ruling on any amendments as out of order to begin with. They were all in order, so there you go. Thank you for that.
Conservative
The Chair Conservative Mike Wallace
But there are consequential amendments that if one passes or fails, a whole bunch of others fail, and I'll try to read those out. I'll likely have to go somewhat slowly on a few things to make sure I'm on track.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
Mr. Chair, I have one important piece of committee business.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
If memory serves me correctly, tomorrow is Madam Boivin's birthday. So I'd like to, on behalf of our side and everyone here wish her bon anniversaire.
NDP
Françoise Boivin NDP Gatineau, QC
If you'd permit me, thank you for the gift of having to debate prostitution on the day of my birth.