Thank you, Mr. Speaker. With respect to hate propaganda, section 318 of the Criminal Code indicates that anyone who, by communicating statements in any public place, incites hatred is guilty of an offence. The Code defines "statements" as words spoken or written or recorded and "public place" as any place to which the public have access as of right or by invitation, express or implied.
As can be seen, what makes a statement characterized by hate or obscenity criminal is the fact that it affects the public. What goes on between two individuals or in a private group of individuals concerns them alone. But as soon as a statement becomes accessible to anyone at all, it is deemed to be in a public place.
Understandably the law must be implemented fairly and consistently. Thus, if the law prohibits certain actions, persons committing those actions should be dealt with in the same manner, whether the actions were committed in a business, in the street or on a telecommunications network. But we must not confuse the messenger with the message, with the initiator of the message, and think that the networks are responsible for what they carry, any more than we should hold the telephone companies or Canada Post responsible for the nature of the calls or mail they transmit.
Is it possible to identify where these documents originate? Not only is it possible, but it is quite easy, because each document is preceded by the destination address and the originating address. Of course, some organizations offer the possibility of anonymity. But in the case where a criminal act has been committed, they can reveal the sender's address.
Therefore, in Canada we are able to deal with these concerns. The problem is that most of these statements come from abroad. I did some research and it appears that Canada signed several international treaties dealing with hate propaganda: the Convention on the Prevention and Punishment of the Crime of Genocide; the International Covenant on Civil and Political Rights; and the International Convention on the Elimination of all Forms of Racial Discrimination.
Consequently, Canada should make arrangements with the other signatories to ensure that each of these countries will, at the request of another signatory, deal with the source of hate propaganda, obscene items, or with the sale of goods or services, on its own territory, which contravene its laws or the laws of the country making the request.
Although the motion tabled by the hon. member for Winnipeg North deals only refers to these issues indirectly, I understand that its object is to ensure that the law is applied consistently and that it is not more or less stringent when electronic means are used. This is why I will support motion M-384.