Yes, it's quite an amendment.
This amendment speaks to the same issues I raised in our amendment NDP-21.1, where we asked for people to be notified about the sharing of their personal information.
At the risk of repeating myself, I believe it is extremely important to be clear on this subject. The Supreme Court was clear when it ruled that section 184.4 of the Criminal Code on electronic surveillance was unconstitutional. It was not the substance of the section that it found unconstitutional but rather the mechanism whereby wiretapping could be carried out without a warrant. There has to be a mechanism of oversight and notice for that to comply with the Canadian Charter of Rights and Freedoms. No discretionary power may be granted without there being an oversight or accountability mechanism. That is all the more important since this is about accessing information as personal as that found in electronic or other communications on the Internet. The Supreme Court was clear: there must be an accountability system where discretionary authority is granted to intercept personal information without a warrant.
The government must ensure that the Minister of Public Safety and Emergency Preparedness reports to all parliamentarians and to Parliament on the use of this kind of order respecting the preservation of data. It must ensure that all requests are public so that we know how many there have been and which ones have been brought before the courts. We have to know what happens to our personal information.
I would note, incidentally, that the Supreme Court did not rule section 188 of the Criminal Code unconstitutional precisely because it provides for review by a judge. The Supreme Court held that that oversight mechanism was valid.
I would remind the government that this kind of power cannot be granted without accountability. The department must be compelled to report to all members on the use of this kind of order. The Supreme Court was clear on this matter, as were several witnesses, including the Privacy Commissioner. There must be an accountability mechanism so that officers of Parliament have access to that information and report on it to parliamentarians. The department must be accountable to Canadians.
The victims of cyberbullying should not be prevented from obtaining justice because the government has rejected all opposition amendments on ideological grounds. I hope it will acknowledge the guidelines the Supreme Court has put in place to ensure this kind of power is constitutional.
Thank you very much, Mr. Chair.