Mr. Speaker, today we are examining Bill C-2. This enactment amends the Radiocommunication Act to add importcontrol measures in respect of radio apparatus or devices used fordecoding encrypted subscription programming signals. It makesimportation of them without an import certificate an offence andprovides for the issuance of the certificates and for ministerialexemptions from the requirement.
Finally, it provides measures tofacilitate compliance with and enforcement of the act, including addingcertain inspection powers, commonly called housekeeping measures, increasing penalties and providing theoption for a person who pursues a civil remedy to elect statutorydamages.
Theft of satellite signals originating in the United States is very common in Canada. A study has been prepared by a coalition of various broadcasting groups, the Coalition Against Satellite Signal Theft, which was created to fight piracy.
The coalition's president, Luc Perreault, has put a great deal of effort into the creation of this large coalition, and I wish to acknowledge that effort. He believes that somewhere between 500,000 and 700,000 households are receiving satellite services, mainly originating in the United States, through illegal means. The coalition estimates the cost to the Canadian broadcasting system at over $400 million per year, and $100 million for Quebec.
In April 2002, the Supreme Court of Canada ruled that unauthorized decoding of signals from Canada or elsewhere is illegal. The bill we are examining today is a follow up to that decision, and that is why it should be improved. I will explain why shortly.
That decision acted as a trigger to actions aimed at strengthening the steps taken against those involved in this activity. We know that pirating signals undermines the competitiveness and cost-effectiveness of broadcasting, and threatens employment and investment. Signal theft deprives artists and broadcasters in Canada of millions of dollars in revenue and contributions to broadcast production funds.
The purpose of the bill is to deter dealers from importing and selling unauthorized equipment in Canada. The Bloc Quebecois supports the principle of Bill C-2, because it seeks to do more to fight satellite piracy. Satellite signal piracy deprives Canadian broadcasters and various funding agencies such as the Canadian Television Fund of millions of dollars. Piracy endangers thousands of jobs in Quebec and elsewhere in Canada, and threatens the long-term viability of Canada's broadcasting system.
The Bloc Quebecois supports the principle of the bill for several reasons. In particular, the bill is intended to help the broadcasting system, and we are very sensitive to that. The system seeks stability and financial prosperity in order to assist television producers, among others.
Nevertheless, the Bloc Quebecois wishes to obtain guarantees on some elements of this bill. These elements may have to be modified because we think that amendments regarding so-called housekeeping measures can intrude too much into people's private lives. If unable to get the desired guarantees, the Bloc Quebecois might decide to vote against the bill at third reading.
We know that, during committee hearings, we will hear from people who are very much aware of this aspect of the bill and who will certainly want to enlighten all the members sitting on this committee. We are very concerned about finding out whether these changes will be made.
I would like to speak about what housekeeping measures are and tell you why the Bloc Quebecois is concerned about these measures found in clauses 5, 7, 8 and 9. We would like some of them amended, unless all our concerns are answered.
We have filed an appeal with the Privacy Commissioner to obtain clarification and comments on this issue. Our question concerns the meaning of clause 5 of the bill in the light of section 8 of the Charter of Rights and Freedoms.
Section 8 states:
Everyone has the right to be secure against unreasonable search or seizure.
We will be in a better position to judge the scope of clause 5 of the bill once we have received the comments of the Office of the Privacy Commissioner of Canada. Obviously, the answer will be provided during committee hearings; that is what we were told by the representatives who will appear on behalf of the Privacy Commissioner.
Consequently, why are there so many concerns? One thing that raised concern initially was simply the meagre information we received, particularly on the importance of changes to clause 5 of the bill. Neither the press release from the ministers, nor the backgrounder, nor even the question and answer paper explain what changes will result.
Yet clause 5 is at the heart of the bill. Is the government afraid of how the various stakeholders will react? Why such silence on clause 5? When the Privacy Commissioner appears before the committee, the Bloc Quebecois will ask why we should be concerned. If we do not obtain the appropriate guarantees with regard to the scope of clause 5, we might have to vote against the bill. For this reason, we hope that all stakeholders, and the government in particular, will be open with regard to clause 5.
Clauses 5(1) and 5(2) grant enormous powers to the inspector entering a place for examination purposes. An inspector may, at any time, decide to examine any data contained in a computer, simply because he considers this reasonable. These powers mean that the inspector has access to everything belonging to the owner of the premises being inspected, as departmental officials confirmed during the technical briefing. All personal information will now belong to the public domain, and the inspector will be authorized to reproduce any records, seize them and copy them as many times as he wishes for use as evidence at trial.
Do we believe that satellite signal piracy is so serious that accused persons no longer have any right to privacy, and that everything they possess is liable to be used against them in court, regardless of the actual nature of the property seized? That is one of our concerns. Can we live with such a major intrusion upon privacy for a crime of this type. Does the severity of the crime, that is satellite signal piracy, justify this excessive intrusion into people's private lives? Those are questions that need to be asked and answered.
We know that satellite signal piracy has not, until now, been taken particularly seriously by the government. The Supreme Court had to show us the path to follow on this. By raising the penalties for dealers, the broadcasting industry will perhaps at last have access to more program funding, because of its increased profits. This would make it possible to provide more help to producers. There could be stable long-term funding for the cultural community, for instance the Canadian Television Fund. Hence our great interest in this bill.
Satellite signal piracy is serious. Quebec ran advertisements trying to get across the message that pirating satellite signals was as much theft as stealing a handbag. We know that this had an impact; a number of people became aware of what they were doing.
Satellite signal piracy is a serious crime and the penalties should reflect that. Stiffer penalties are therefore logical. Until now, the courts have been too soft on people pirating satellite signals. It is high time that the government got the message that broadcasting deserves help and that it will be encouraged by stiffer penalties for those who break the law.
The Bloc Quebecois is very keen on this bill. We are most anxious to have the opportunity to debate it in committee and to hear what all the witnesses there will have to contribute.
Can we continue to live with a crime such as this, when our privacy is threatened? That is one of the questions the Bloc Quebecois will be raising during the committee hearings.
With that, I will end my speech. It was only 10 minutes long, despite the importance of this issue.