We as the CBA do not have a position with respect to that particular issue. I think the comments of my colleague are particularly apt, that when you're looking at these issues, rather than having a knee-jerk reaction, you need to have an evidence-based needs analysis. In our experience, too often there can be a rush to make legislative changes, particularly at the federal level and in the Criminal Code, and then there's constitutional litigation afterwards that takes up time and resources in the courts.
I'm sure we're all aware that we have a problem right now with delays in the courts. More time spent drafting and having precise definitions is important. Before responding, I think the important point is to have a review that looks at the actual evidence to determine whether, for instance, there are Criminal Code provisions that could have applied. The problem with the Criminal Code is that it's retroactive in the sense that it's applied after the event has occurred.
What you really want to do is to have something in effect that's going to stop the problem from happening in the first place. You really need to look to avenues other than what's in the Criminal Code, short of making changes to things like wiretaps or some particular speech provisions. Again, the needs analysis is important to make sure you don't have unintended consequences in other offences.