David Wilks

[Business of Supply, May 5th, 2014]

Mr. Speaker, the way this government is taking care of the privacy of Canadians is very good for all Canadians and this motion will do nothing for Canadians.

[Business of Supply, May 5th, 2014]

Mr. Speaker, although I do play baseball, I cannot give the member a ballpark figure. I do not have them. There were 1.2 million requests made and if the Privacy Commissioner found any of them to be out of line, I am sure he or she would have said so.

[Business of Supply, May 5th, 2014]

Mr. Speaker, these new binding agreements give the Privacy Commissioner more power to ensure organizations are accountable.

Currently, agreements made between organizations and the commissioner are non-binding. If a firm does not undertake the action it agrees to, the commissioner has little power to hold the organization to account, but with a binding compliance agreement, the organization knows that if it does not abide by the terms of the agreement, the Privacy Commissioner can take it to court.

It may interest my colleagues to know that compliance agreements are a common tool used by other commissioners to ensure that the rules are followed, that includes the Commissioner of the Financial Consumer Agency of Canada to enforce the Bank Act, as well as the Minister of Health to administer the Consumer Product Safety Act.

As I mentioned earlier, we are also proposing an increase in the length of time an individual or the Privacy Commissioner has to take organizations to court. Currently, complainants only have 45 days to file a court application. This timeframe is a crucial window for the commissioner to collect evidence or to negotiate an agreement with organizations. However, 45 days is simply is not enough time. The commissioner often provides organizations with a reasonable amount of time to collect their privacy practices. It is often over 45 days, and in some cases it is up to a year.

With the 45-day clock ticking, and having run out in most cases, the commissioner is left with little recourse if any organization reneges on the agreed-upon recourse. This is why we are proposing to increase the timeline to one year between the time the report is issued and the deadline for taking matters to court.

The third improvement we are proposing is to give the Privacy Commissioner the ability to name and shame non-compliant organizations with the public. Currently, the commissioner can only publicly reveal information about the way in which an organization handles personal information. The commissioner cannot, for example, disclose that an organization is not co-operating with an audit or is otherwise acting in bad faith, and yet, for many organizations, this could be the most effective tool in holding them to account and encouraging them to improve their practices.

It could be used, for example, against foreign-based companies that are otherwise beyond the reach of Canadian courts. If they refuse to co-operate with the request for information, the commissioner could publicly disclose this fact, which would send a signal to consumers of the privacy implications of the organization's practices. The organization would in turn have to explain to their customers why they are not respecting Canadian privacy laws.

Ultimately, this empowers Canadians. It gives consumers the information they need to make informed choices about the practices of the companies they deal with.

Our government is taking action to give the Privacy Commissioner new power to ensure Canadians' privacy is protected and that Canadians play by the rules. This is just one of the ways we are providing Canadians with the confidence that their privacy and personal information are protected.

[Business of Supply, May 5th, 2014]

Mr. Speaker, It is a pleasure to rise today and highlight the measures our government is taking to protect the privacy of Canadians.

As members of this House are aware, the Personal Information Protection and Electronic Documents Act, PIPEDA, has been in force since 2001. I would like to focus my comments on one area in particular, and that is the role of the Privacy Commissioner of Canada in promoting compliance with PIPEDA and increasing accountability among organizations that collect, use, or disclose personal information.

First, let me begin with a bit of an explanation of how the act works when it comes to compliance. Under PIPEDA, the Privacy Commissioner serves as an ombudsperson. Individuals who feel their personal information has been improperly handled by an organization have the right to complain to her office.

The commissioner has the power to investigate, enter premises, compel evidence, mediate a settlement, make recommendations, and publish the names of those who contravene PIPEDA. In short, the privacy commissioner investigates complaints and works with companies to make sure they comply with the act for the protection of all Canadians. The commissioner has a range of powers, but as an ombudsperson, takes a co-operative and conciliatory approach wherever possible. This encourages the resolution of complaints through negotiation and persuasion.

At the conclusion of an investigation, the commissioner releases a report of findings that outlines whether or not the organization in question has contravened the act and whether or not the complaint was resolved. This report also includes notice of any action taken or proposed to be taken by the organization. It may also include reasons why no action was taken.

Under PIPEDA as it now stands, the commissioner or individuals can apply to the Federal Court for a hearing on any matter related to the original complaint within 45 days of the commissioner's report. The court has the authority to order the organization to change its practices. The Federal Court can also award damages to Canadians when their privacy has been violated and they have suffered from some form of harm as a result. That is how compliance currently works.

However, as technology has evolved, we as members of this House must ensure the commissioner is able to hold organizations more accountable for their handling of personal information for the protection of Canadians and their privacy. It is for that reason that our government has proposed increased power to enable the Privacy Commissioner to better do her job. It is clear from the remarks from the Privacy Commissioner of Canada that our government is on the right track.

Before our government tabled Bill S-4, she said, “I welcome proposals...” in this bill. This bill contains “...very positive developments for the privacy rights of Canadians”.

We work with the Privacy Commissioner of Canada, we protect the best interests of everyday Canadians and we make sure that we move forward to modernize our digital privacy laws. This is why we are proposing this bill, which includes three important changes to keep companies accountable when dealing with Canadians' personal information.

First, we want the commissioner to have the authority to negotiate compliance agreements.

Second, we want to extend the length of time the commissioner or individuals have to bring matters before the court. Instead of the very limited time of 45 days, we would extend that timeframe to one year.

Third, we want to give the commissioner greater power to name and shame organizations that are breaking the rules.

Let me describe each of these changes in a bit more detail.

Going to court to resolve a dispute can be costly both for the organizations implicated and the Office of the Privacy Commissioner.

A compliance agreement is a powerful tool that provides an alternative to taking an organization to court. These are voluntary but binding agreements between the commissioner and the organizations that recognize they need to take action to improve their privacy practices.

These agreements benefit both sides. They can provide an organization with certainty and clarity about what specific steps they need to take, and a specific timeline to ensure they are compliant with the rules. These binding agreements also give the organization the certainty that it will not face court action by the commissioner—

[First Nations Control of First Nations Education Act, May 1st, 2014]

Mr. Speaker, I am very happy to rise in the House today in support of Bill C-33, First Nations Control of First Nations Education Act.

Bill C-33 is the product of decades of dialogue and study. It was shaped by the unprecedented and extensive consultations our government held over the past 15 months with hundreds of first nations leaders, educators, parents, and community members across the country. Our government heard the concerns raised about first nations education and responded with a commitment to work with the Assembly of First Nations and other first nations leaders to create a better education system for first nations students. First nations control of first nations education means that first nations have the mechanism that will help them to strengthen accountability for results for their students.

I want to talk specifically about the accountability tools and measures that the act would help provide to first nations parents and communities. Across Canada and around the world, parent involvement in education at home and in schools leads to higher academic performance and higher graduation rates. Parent and community involvement is a central feature of the long-standing call for first nations control over first nations education. In fact, parents and communities can play a large role in the success of the school and its students.

Clause 25 of the bill legislates a voice for parents and community members, in particular elders and youth, in the development of school policies and programs, particularly those related to first nations languages and cultures.

We know that children benefit when parents and communities participate in the decision-making of the overall management and daily operations of education systems. For first nations, encouraging formal and informal involvement in education is not only a way to support student success, a worthy goal in itself, but also to integrate culture and languages into curriculum and school activities. Our government has seen the benefit this brings to individual students and to the community as a whole.

The first nations of the Treaty 4 territory in southeastern Saskatchewan is just one example. Community development and participation are the starting point for every aspect of the Treaty Four student success program, which promotes literacy and numeracy, and encourages children to stay in school. Involving first nations elders, leaders, parents, educators, youth, culture, language, and traditional values are as fundamental to the program as reading and writing. Local involvement increases local control.

The first nations control of first nations education act would do exactly what its name suggests. It would provide authority to first nations leaders, elders, and parents where education is concerned. Under the proposed legislation, first nations would choose their governance models and control their systems of education with the benefit of stable and sustainable statutory funding.

On February 7 of this year, the Prime Minister announced the historic agreement between the Government of Canada and the Assembly of First Nations to proceed with the final drafting and introduction of the first nations control of first nations education act.

The Prime Minister stood with the national chief of the Assembly of First Nations and announced $1.9 billion in new funding through three streams: statutory funding with an unprecedented rate of growth, transitional funding to support the new legislative framework, and funding for long-term investments in on-reserve school infrastructure.

All of this funding would be in addition to the $1.55 billion that our government already provides to first nations for education on an annual basis.

Furthermore, the new funding would be subject to a 4.5% escalator that replaces the 2% funding cap that the Liberals put in place. This would ensure that funding for first nations education is stable, predictable, and sustainable for years to come.

These statutory funding provisions meet one of the five conditions for success outlined by the Assembly of First Nations for education systems that are grounded in first nations' languages and cultures. As indicated by the AFN in a recently published analysis, the rest of the bill meets all the other conditions.

In the words of the National Chief of the Assembly of First Nations, this act means getting the Minister of Indian Affairs “out of our lives” on education as well as having fair funding and oversight that first nations themselves design.

As the National Chief indicated, part of getting the minister out of first nations' lives when it comes to education means that it would be up to first nations to decide for themselves whether they want to operate their own schools, join a first nation-led education authority, or enter into an agreement with a provincial ministry of education. Each first nation would determine which governance option would best meet the educational needs of their students.

Regardless of the governance structure under which they operate, every school would be accountable to parents, communities, and students. This would be in contrast to the current approach, which burdens first nations with reporting requirements to Aboriginal Affairs and Northern Development Canada.

Under this bill, the chosen educational authority would be ultimately accountable and would have the responsibility to ensure that the education provided to the students is in accordance with the standards and regulations outlined in this act.

The joint council of education professionals would be composed of professionals recognized for their knowledge and expertise in first nation education. It has been alleged that this council would be appointed solely by the minister and be used as a vehicle for unilateral control. On the contrary, half of the joint council membership would be made up of individuals selected by the AFN, and the minister would be required to seek its advice in a number of prescribed circumstances.

Our government has heard from parents and first nations that they need to participate in the development of regulations and standards. Our government and the Assembly of First nations have agreed to collaborate on the development of necessary regulations. In fact, the joint council would consult with first nations and provide important advice both to the minister and to first nations on regulations.

First nations would have the authority to build on the proposed minimum standards required for schools and students, with input from parents and communities. The act would establish five core standards: access to education, a recognized certificate or diploma, certified teachers, a minimum number of instructional hours and instructional days, and transferability of students between systems without penalty. All other decisions on standards would be made by first nations, which would control schools.

The rigour of the standards in this proposed legislation would ensure that first nation parents would know that their children were receiving a quality education, while the flexibility would reinforce first nation control and encourage incorporation of cultural and language teaching as each first nation sees best.

Going to school is an essential experience of childhood. It is important that parents and communities feel confident in the quality of education their child receives. That is why our Conservative government believes that parents and communities need to have a strong role in creating a school environment that respects and reflects community values.

Throughout the consultation to develop this proposed legislation, first nations youth and parents made it clear that education was more than a piece of paper or a path to a job. Education is fundamental to nationhood and identity. Students want to create a future where they can access the kind of education that leads to a successful life, not only for themselves but also to support their families and contribute to their communities.

This bill recognizes the ability and responsibility of first nations to educate their students. It recognizes the importance of treaty and aboriginal rights, which are protected by the Constitution of 1982. Bill C-33 would support accountability to parents and communities. This would contribute to more children and youth succeeding at school and in life.

In my constituency of Kootenay—Columbia, the Ktunaxa nation is a proud nation that has some of its education on reserve, starting with grades 1 to 6, and it is starting to reintegrate its language. That is one of the most important parts of this entire bill, for first nations to be able to integrate their own language and feel proud about their history and language, and to be able to pass that on from generation to generation. It is something that has been missed, and this bill would capture that important part of first nations education.

With that, I look forward to any questions.

[First Nations Control of First Nations Education Act, May 1st, 2014]

Mr. Speaker, in 2012, 72% of first nations members living off reserve who had completed high school had a job, compared to 47% without a high school diploma. The unemployment rate for Canadians age 25 to 29 without high school, the majority of whom are first nations, is almost double that of high school graduates, 16.4% versus 8.8%.

Could the member for Palliser say why our government believes that the current situation is neither acceptable nor sustainable?

[Protecting Canadians from Online Crime Act, April 28th, 2014]

Mr. Speaker, could the member comment on transmission data? It has been a bit of a question here on what the police can and cannot do with transmission data, and what they can and cannot reveal.

[Protecting Canadians from Online Crime Act, April 28th, 2014]

Mr. Speaker, the member referred to warrantless searches and telecommunication companies retaining data and potentially providing it to the police. Could the member give an example of that?

[Protecting Canadians from Online Crime Act, April 28th, 2014]

Mr. Speaker, I am a little confused by the question, because there is nothing in the bill with regard to warrantless searches. I would like to see the section that says warrantless search. There is nothing in there. There is a preservation order. A police officer must still go to a justice to get approval to get the information from the preservation order. There is absolutely nothing in the bill for a warrantless search and never will be.

[Protecting Canadians from Online Crime Act, April 28th, 2014]

Mr. Speaker, when we are dealing with electronic forms of communication, the police need to be able to obtain that information through those means. Because we are in a computer age, when someone in a far-reaching country can impact someone in Canada within seconds, the police have to be able to intercept, track, and monitor those types of things. The bill identifies specifically what the police can and cannot do with regard to the transmission of data and the electronic data they receive.

When police enter into an investigation, it is far-reaching, and it takes a long time to get to that electronic interception portion of the investigation. However, we also have to recognize that with regard to things we have seen recently, it can change very quickly. Giving the police the ability to have electronic data information is something that is essential to ensuring that this does not happen again.