Mr. Speaker, yes, that is generally the envelope I was referring to in terms of the seizure of a computer that contained data. Even though the computer and the data is seized under an order, it is not clear that the judicial order contemplates the use of the information on the hard disk as possible future evidence and I think we should be careful about that.
Most people would say that if the guy has done something really wrong and his computer shows it, yes, it should be evidence. However, in our justice system we usually do not make inferences about people's guilt. Our system is based on a person being presumed innocent unless the state or the courts find the person guilty.
I am very reluctant, as a legislator, to alter that balance. The member properly makes reference to the increasing use of reverse onus situations which lowers the burden on the state to produce evidence to get to a certain type of proof.
I am surprised at the scenario that the member has mentioned. It sounds like it may be provincial legislation but normally we do not impose reverse onus situations. I know there are two or three of them in the code and in other pieces of legislation but we do so only reluctantly when there is a need that we could describe as, to use the words of the charter, demonstrably justifiable in a free and democratic society.
I think the courts would frown upon increasing the use of reverse onus situations simply because while most people in Canada would be in a position, in normal language, to rebut one of these inferences made by statute, there have to be many Canadians who could not on their own rebut the inference without the use of a lawyer or without someone else speaking for them. We must remember that there are Canadians with various levels of education and various levels of literacy. We must be careful that when we pass a law we have each of those persons in mind when it comes to making them bear the burden of a particular procedure in a statute.