Mr. Speaker, I am pleased to speak on behalf of the Bloc Québécois about Bill C-299, An Act to amend the Criminal Code, the Canada Evidence Act and the Competition Act (personal information obtained by fraud).
I will try to summarize the content of Bill C-299 for the people who are watching. I will also try to explain the Bloc's position on this bill, which is at second reading. After the vote, we will decided whether or not the bill will go to committee.
The purpose of this bill is to amend the definition of “personal information”. The Personal Information Protection Act says:
“Personal information” means information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization.
The bill will create three new criminal offences: obtaining personal information from a third party by a false pretence or by fraud, counselling a person to obtain personal information from a third party by a false pretence or by fraud, and selling or otherwise disclosing personal information obtained from a third party by a false pretence or by fraud.
Consequently, the bill really adds one new offence to the Criminal Code: obtaining personal information on a third party. In our view, at first blush, the Criminal Code already includes these types of offences. Once again, the Conservatives are trying to control the work of the judiciary, the work of judges, so that they have no leeway.
I will read section 403 of the Criminal Code, because it gives a good idea of the existing offences with regard to personal information. Section 403 of the Criminal Code says this:
Every one who fraudulently personates any person, living or dead,...is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction.
Section 403 of the Criminal Code already provides that it is an offence to impersonate someone else. We feel it is pointless to add “personal information on a third party” because it is already included in the Criminal Code.
Section 403 says this:
Every one who fraudulently personates any person, living or dead: (a) with intent to gain advantage for himself or another person, (b) with intent to obtain any property or an interest in any property, or (c) with intent to cause disadvantage to the person whom he personates or another person ... is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
To add “with intent to obtain any record containing personal information about a third party” serves no purpose, in our opinion. Once again, this shows the Conservative tendency to try to restrict judges and lead them in a certain direction, although this is not the authority our society has given itself in the Criminal Code. The values defended by Quebeckers, and the values defended by the Bloc Québécois on behalf of Quebeckers, are very important to us. We support a society founded on a justice system that is balanced between the harm caused and the sentence that the courts may impose on a person who commits a crime.
We must always strive for balance. This is why our judicial system is based on an independent judiciary. For some time, we have been repeating in this House that we are anxious to see the day when patronage appointments no longer exist in the judiciary, and when we have independent committees to select our judges to ensure they are the most competent individuals for the role. I am not saying that the current judiciary is incompetent. What I am saying is that judges are often appointed on a partisan political basis. The press often criticizes this state of affairs, thus informing the general population.
Lastly, we hope to pass on to today's youth the values that we learned from our parents, grandparents and great-grandparents. This is the society that Quebeckers want, an equitable society based on a fair balance between the crime committed and the sentence imposed.
That is why we put our trust in the judiciary. Every time members introduce bills such as Bill C-299, the Conservative Party seeks to provide a framework for the work of the judiciary, that is, they try to package the work of the justices so that, in the end, all they have to do is read the text and apply the sentence. Quebeckers do not want this kind of society or these values. That is why the Bloc Québécois always challenges these bills.
In our opinion, the changes that Bill C-299 seeks to bring about are already found in the Criminal Code under section 403 and other sections that the bill would amend. Why try to add just a little bit more? This question comes up all the time. Our citizens are entitled to question the values of the Conservatives, these values that are often borrowed from the Republicans in the United States. That is why, although they only came into power nine months ago, the Conservatives already seem to be an old government. They clearly have a tendency, particularly as a minority government, of trying to pass on their values as quickly as possible.
When justice issues and amendments to the Criminal Code are at the fore, as in Bill C-299, we have an unfortunate tendency to try to control the judiciary's work and restrict judges' decision-making freedom. Obviously, this could be counter-productive and not in the best interest of the citizens we represent. We, the Bloc Québécois, are trying to maintain a balance here.
This is why, since 1993, a majority of Quebeckers have given Bloc Québécois members their vote of confidence: because the men and women of the Bloc Québécois know how to listen to what their constituents want. They did not make anything up. We trust the society our parents and grandparents left us. This is the very society we are fighting for today—a society seeking greater justice and equality. We hope it will be less controlling. It is this desire for control that leads to legislation like Bill C-299.
Since being elected, the Conservative government has been attempting to direct the decisions taken by the judiciary and judges. The fact is that no two crimes are committed under the same circumstances. That is why we as a society chose to have a judiciary system. Juries are sometimes brought into play. This is all pretty complex. An entire system is called upon in an effort to determine the appropriate sentence for the crime committed.
Of course, this unfortunate tendency to make penalties harsher or to take responsibilities away from the judges is reminiscent of the right-wing Republican tendency in that regard, and it is increasingly obvious from the actions of this Conservative government. Those are not values that Quebeckers defend or values that they want members of the Bloc Québécois to defend.
One might understand that, under the circumstances, we are not to eager to see Bill C-299 passed, especially since it concerns personal information about a third party. This could be interpreted quite broadly. We must bear in mind that there are certain realities in our society. I often think of our businesspeople trying to establish a client list who sometimes ask for information. We would not want matters of everyday life in our society to be misinterpreted. If the purpose of this bill is to prohibit the obtaining of any personal information, efforts should be made to strike a balance between the reality and business opportunities today.
Essentially, we have laws and amendment to the Criminal Code. There is no point adding in the Criminal Code that obtaining personal information about a third party constitutes a criminal offence. As I said, section 403 is already very clear:
403. Every one who fraudulently personates any person, living or dead,
(a) with intent to gain advantage for himself or another person,
( b) with intent to obtain any property or an interest in any property, or
(c) with intent to cause disadvantage to the person whom he impersonates or another person,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction.
We believe obtaining personal information on a third party by fraud is already an offence that carries a maximum jail sentence of ten years, under section 403. Therefore, we see no reason to change that. However, the bill will probably be sent to committee and we will be open to debate the matter, and perhaps even to make amendments, in order to protect good citizens from bad ones.
Quebeckers were right again to put their trust in the men and women of the Bloc Québécois, because they will yet again protect their interests and make sure that the penalties imposed by the Conservative government strike a fair balance, given the offence committed.