Mr. Speaker, I hope to be able to encapsulate some of the thoughts that I have before the House with respect to this important piece of legislation.
I was concerned not just about the international implications but that Canada must demonstrate a greater willingness to co-operate, to work collectively, and to find solutions that are certainly concurrent with new developments in technology, particularly those who are involved with spam, the illegal sending of electronic information, phishing and that sort of behaviour, including the use of malware. We must be able to ensure that we have at our disposal the availability of the best technologies, and that the best practices in consultation with the provinces, the international community and the federal government are brought to bear.
One of the concerns I also have is the economic damage that spam has created. Given my work on this file, going back to Bill C-460, back in October 2003, I have always been troubled with the penalty, not just the question of resources to ensure that we enforce but of course the penalty. The penalty is a significant, on paper, administrative monetary penalty.
I realize that this is the way we have gone in Canada, but the bigger concern is that the damage done to the industries or consumers is never fully and properly compensated. Sooner or later we are going to have to recognize that administrative, monetary penalties, while they may form a deterrent and while industries or consumers may in fact receive, ultimately, proper payment from those who have purveyed or who have been accused and charged, and ultimately convicted, the fact is that victims will continue in this context to remain victims.
I would hope the moneys that the federal government will be getting when it catches those who are involved with the use of illegal forms of electronic messaging are in fact moneys that could be used for better training, to be reinvested in ensuring that we have proper, best practices that can be advocated, that we can share with small and medium sized enterprises, and that we can help to educate in our schools. So we are not just saying, “Here is $1 million to stop the problem”, but once we seize those assets, once we get that kind of money, it should in fact be reinvested into the very resources, the very force, the very effectiveness of this legislation.
As I pointed out earlier, this bill has good intentions. However, if it cannot be vigorously implemented, it will not give the desired results. Therefore, my expectation is that the Standing Committee on Industry, Science and Technology and the other committees that may examine this issue should be prepared to take into consideration the evidence of witnesses in order to adopt the most important practices. We must reassure people that this bill will not just be a document but that it will also represent the demands of people who work very hard to combat this problem, which continues to be a veritable impediment for consumers and businesses.
With regard to spam, this issue understandably affects everyone, especially in a country such as ours where we use BlackBerries and receive messages from businesses.
I cannot emphasize how wrong it is for all of us to have cellphone companies actually charge people for spam that they neither asked for nor did they in fact encourage. So it seems to me it is attacks on a problem that Parliament has missed for years. I am hoping that we can actually address this issue and that we also reach out to cellphone companies, and stop this practice of billing Canadians for something that is no fault of their own. It is the result of negligence perhaps by Parliament over the years not to get a proper model together.
As it turns out, the legislation in terms of other jurisdictions may be behind the eight ball. We may have been a little slow in getting off, but nothing stops us from working with the various software companies and large computer companies to make sure that we avail ourselves of the best, the most modern, the most up-to-date best practices, and best abilities to detect those fraudsters who, in my view and I think the view of all parliamentarians, are engaging in a practice that undermines the integrity of one of the premium and most important forms of communication that we have in the modern age.
Since the time that I presented my bill and the time in which my party has been interested in this, we have gone through several ministers of industry. I am hoping and I challenge the current industry minister to put his rhetoric aside and to continue to focus on the importance of having this legislation passed. The importance of the legislation passed also means taking in necessary amendments as they become available. I have mentioned some that could be considered.
I look forward to questions and I also look forward to a speedy third reading debate to get this into the Senate, so that we can give Canadians a modicum of assurance that Canada is acting in a way that is not only consistent with the best practices around the world but we are acting in a way that ensures that above all we are protecting consumers in this country.
As a Liberal, I am proud of the fact that my party has taken this issue very seriously. We began the blue ribbon panel. I am seeing that several years later the Conservatives have finally realized how important a consumer issue this is. Be it as it may that it is late, I think we can stand together and ensure that this legislation, with some modification, should pass as soon as possible, assuming of course proper and appropriate parliamentary due diligence.