Mr. Speaker, I will be sharing my time with the member for Thunder Bay—Rainy River.
I am very happy to take part in this debate on Bill C-55, which seeks to amend the Criminal Code following the decision by the Supreme Court of Canada.
It is refreshing to see that the Conservative government is today proposing a bill that is balanced and reasonable, for once. It is true that we have become accustomed to the opposite, in recent months. It is also rather encouraging to see that this time, the government is respecting the Supreme Court’s decision.
We are therefore pleased to support this Bill at third reading. Bill C-55 corrects some shortcomings in the Criminal Code. The effect will be to strengthen the right to privacy of all Canadians, without impeding the delicate work done by police officers and law enforcement agencies.
I would like to point out, however, that Bill C-55 follows the now famous Bill C-30. I say “famous”, but Bill C-30 is mainly famous for the fire it drew.
I will take the liberty of returning briefly to this famous, or should I say “infamous”, Bill C-30. Officially, it was designed to protect children against online predators. In fact, it gave law enforcement agencies the power to request personal information about telephone and Internet service subscribers, without a warrant.
The indignation was general, beginning with that of Canadians as a whole, who rightly saw it as a threat to their privacy.
On the pretext of tracking down pedophiles, the government was giving itself authority thenceforth to treat all Canadians as criminals. Without the commission of any offence, the private lives of thousands if not millions of Canadians would have been made public.
People thus no longer have control over the protection of privacy, since intrusion is achieved by such underhand means as their use of the Internet and of telephone services, the most commonplace communication media most widely used by Canadians.
The government was also criticized by Jennifer Stoddart, Privacy Commissioner of Canada, and her provincial counterparts. According to Ms. Stoddart, if Bill C-30 had been passed, it would have enabled police officers to establish a picture of Canadians' online activities. For example, police officers could have identified individuals' interests based on the websites they visited, the organizations and associations to which they belonged and their geographic location. That is a bit much.
The government's initial reaction to the criticism is equally disturbing. The Minister of Public Safety responded to individuals who had expressed concerns about privacy protection by saying that they had a choice whether to stand with the government or with the pedophiles. That is completely ridiculous and disrespectful.
This government has the unfortunate habit of reducing all debates to a conflict between good and evil, without drawing any distinction. Listening to it, one would think that all Canadians who doubt the effectiveness of such an intrusive bill simply sanction the acts of pedophiles. That is a highly simplistic view.
When I stop and think of all the implications of that bill, I get chills down my spine. I do not believe I am the only one who does. That bill clearly made many members on the other side of the House very uncomfortable. As a democratic country, Canada long ago established that citizens' right to privacy is not negligible or alienable. The government's paranoia does not justify destroying that fundamental right.
Although it took a long time, the government ultimately decided to abandon Bill C-30 to everyone's great relief. Members on all sides of the House were delighted when the bill was dropped.
The day after Bill C-30 was scrapped, the member for New Brunswick Southwest said he was pleased with the government's new direction on this file, and I quote: “There is no justification in a free country with judicial oversight to force Internet companies to disclose information about their customers without a warrant.”
The member for Edmonton—St. Albert said, and I quote, “The government went too far.”
Bill C-55, which is before us today, is much more balanced. It updates provisions respecting wiretapping that the Supreme Court ruled unconstitutional.
The bill amends the Criminal Code to provide for measures to protect the power to intercept private communications without judicial authorization. In concrete terms, Bill C-55 requires the Minister of Public Safety and Emergency Preparedness and the Attorney General of each province to report on the interceptions of private communications made under section 184.4. That was not required before Bill C-55. That was therefore a shortcoming of the other bill.
Bill C-55 also provides that a person who has been the object of such an interception must be notified of the interception within a specific period. It narrows the class of individuals who may make such an interception and limits those interceptions to offences listed in section 183 of the Criminal Code.
We therefore support this bill because it is essential that these investigative measures include oversight and accountability mechanisms, which the Conservatives are not necessarily in the habit of applying and including in their bills. That is the court's view, and we expected nothing less.
Moreover, the requirement to notify people whose communications are intercepted would in no way impede police operations in emergencies, since it will be done after the fact. On the other hand, it would increase the ability of those targeted to track and object to infringements of their privacy, and obtain genuine redress if that was the case.
I have dwelt at length on the fact that Canadians have excellent reasons for apprehension about the Conservatives’ bills relating to privacy. Their track record in this area is not very impressive. We are therefore greatly reassured that Bill C-55 respects the rule of law, the Constitution and the Canadian Charter of Rights and Freedoms.
We must nevertheless remain vigilant. Political pressure recently led to the defeat of Bill C-30, but some of the measures it contained have reappeared in other federal bills. Canadians, and defenders of civil liberties, have won a fight against lawful access, but they are still on alert. There is no way of knowing if and when the government will try once again to attack Canadians’ rights to privacy.
The government was stubborn in its protracted pursuit of passage for Bill C-30. After that fiasco, can the government tell us whether its justice priorities will be based on the charter and the Constitution, rather than the Conservatives’ political program?
Because that is definitely what concerns us: Bill C-55 merely resolves one very simple issue, yet the Conservatives took a long time to introduce it. Other measures initially included in Bill C-30 may now be placed beyond the jurisdiction of the House of Commons.
The opposition parties must stay alert. We must ensure that Canadians are not threatened once again with the loss of their right to privacy through another Big Brother-style bill introduced by the Conservatives.
We therefore say yes to Bill C-55, but we must take great care to ensure that in future, all bills presented that relate to justice and public safety are consistent both with the Canadian Charter of Rights and Freedoms and the Constitution in order to be passed by the House of Commons.
