Madam Speaker, I am pleased to rise today on Bill C-6, which affects a fundamental value in our society, privacy protection.
The debate goes beyond these walls. On November 2, 1998, parliamentarians, as well as Quebecers, had the opportunity to read in Le Devoir an article entitled “Pressure is mounting for consumers' privacy protection”.
The article talked about threats against our privacy and the need for citizens to be well informed of their rights. It also talked about the bill and some aspects of it that we are discussing today in the House. This article clearly specified that provinces that will not pass legislation in this area will have to comply with federal legislation within three years.
Yet, the need for legislation protecting personal information and privacy is not new.
Most provinces already have such legislation. In this instance, the federal government has long been delaying taking its responsibilities by introducing a bill that would apply only to corporations under its jurisdiction.
In fact, we were expecting something from this government, that it take its cue from provincial laws already in place to introduce a consistent, efficient and clear bill, one that is in keeping with those provinces' jurisdictions. Unfortunately for all Quebecers and Canadians, this bill fails miserably.
Instead of protecting privacy, the bill limits itself to protecting the right of big business to make profits with as few restrictions as possible. This is totally unacceptable. The federal government must get the bill back to the drawing board as quickly as possible. It must introduce a bill really aimed at protecting privacy.
If the government is not yet convinced that it is urgent to act, that the situation is urgent, it should get in touch with the president of the Quebec access to information commission. The Minister of Industry would soon find that every month the Quebec government receives 2,000 calls from people concerned about the protection of their privacy.
The Liberal Party fuels the public's cynical attitude toward politicians by using this empty and confused measure to try to convince our fellow citizens that it is concerned about the protection of privacy. The government does not say, however, that it has introduced a bill that only favours commerce, one that is predicated on voluntary compliance by businesses with its provisions to protect privacy.
What the minister responsible is not saying is that the bill is riddled with loopholes and leaves many sectors without any protection. Those sectors that are covered by this bill are conditionally covered. This means that businesses are told to take care, if possible, of their clients' privacy. This is totally unacceptable.
I want first to stress the fundamental nature of the right to privacy. It has been said before, but it is important to remind this House that the Liberal Party is putting the right to make profits before the right to privacy.
Experts consider the right to privacy as a human right, the same as the right to equality and the right to justice. Thus, the Universal Declaration of Human Rights—as cited by several colleagues before me—which was adopted 50 years ago by the United Nations and which Canada adhered to, specifies that everyone has the right to life, liberty and security of person and provides that:
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation.
In Canada, the charter of rights and freedoms also protects privacy, although not in so many words.
In this connection, I would mention that, in Quebec, as members are undoubtedly aware, this right to privacy is recognized explicitly in Quebec's 1975 charter of rights and freedoms. Article 5 is unambiguous where privacy is concerned:
Every person is entitled to privacy.
This right is also recognized in chapter III of Quebec's Civil Code entitled “Respect of Reputation and Privacy”. I draw particular attention to article 35. This is not just something the Bloc Quebecois is pushing. I remind members that last April 7 the Chambre des notaires du Quebec wrote a letter to the minister responsible, mentioning this provision in Quebec's Civil Code.
Article 35 is clear. It says:
Every person has a right to the respect of his reputation and privacy. No one may invade the privacy of a person without the consent of the person or his heirs unless authorized by law.
That seems clear to me. Respect of privacy is a fundamental right, which is recognized internationally, as well as in Canada and in Quebec. It is ridiculous for the federal government to be introducing a bill that does not protect this fundamental right.
Earlier, I mentioned a Devoir article I tabled. I see I have the House leader's attention. That article clearly said that the Government of Quebec was the only government in North America to have passed legislation protecting personal information in the public and private sectors. In addition, many experts say that Quebec's act regarding the private sector is one of the best in the world. This is a far cry from the federal act, which covers only the public sector.
It is not so surprising that the federal government did not draw upon the Quebec legislation. That would have been killing two birds with one stone. On the one hand, it would have ensured consumers of the exemplary protection of personal information, and, on the other hand, it would have avoided the loopholes and violations which are inescapable when enforcing federal and provincial laws which have not been harmonized.
This leads us to believe that the real object of this bill is not protection of privacy, but a pitiful public relations exercise. The government would like to use this legislation to show that it is finally taking heed of people's concerns. Nothing could be further from the truth. This bill does not meet the expectations of those who wish for privacy. It simply serves the interests of big business.
Even Canada's privacy commissioner observed that the discussion paper proposed by Industry Canada and the Department of Justice focuses mainly on commerce, not on privacy.
That is why we categorically oppose Bill C-6. The federal government refused to draw from Quebec's legislation, even if it is recognized as exemplary in this respect. This is not surprising, as the Quebec legislation focuses mainly on the protection of personal information, while the federal bill aims essentially at pleasing big business.
