David Wilks

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

Mr. Speaker, the reality is that Bill C-13 is a bill that is all inclusive. It provides what we want to do with regard to cyberbullying, but it would also enhance the ability of police to do investigations through electronic means. We need to continue down this road. This is a great start, and I look forward to looking at Bill C-13 at committee.

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

Mr. Speaker, I am privileged today to stand here speaking to Bill C-13, the protecting Canadians from online crime act. The legislation would prohibit the non-consensual distribution of intimate images. It would empower a court to order the removal of intimate images from the Internet, and it would permit the court to forfeit a computer, cellphone, or other device used in an offence outlined in this legislation.

Amendments to the Criminal Code would include creating a new offence to prohibit the non-consensual distribution of intimate images, with a maximum sentence of five years' incarceration or six months' imprisonment on summary conviction. It would also direct the sentencing judge to consider upon conviction whether that person should be restricted from use of the Internet for a specified period of time.

It would also authorize the judge to order the removal of an intimate image from websites if the person depicted did not consent to the image being posted. It would allow the judge to order restitution, following conviction, to the victim. It would empower the court to seize and order the forfeiture of property related to the offence, such as computers and mobile devices.

Furthermore, a justice could issue a peace bond where, on reasonable grounds, he or she believed that an individual would commit a new offence. Last, and quite importantly, a person could also ensure that the spouse of an accused person was eligible to testify against the accused in court.

As a former police officer, I am a little biased on this legislation, because I believe that it goes as far as it needs to go. I will explain to my colleagues why I believe it does.

A lot of the existing powers that assist police in investigations have not been modernized for some time. In fact, it is long overdue. For the most part, police are working with 1980s legislation in 2014. It is a bit of an advantage to the bad guy, as the police are always playing catch-up. As we have heard previously from other speakers, they want to hear why the police cannot react more quickly. The reality is that the laws are not there for them to act more quickly.

This legislation would provide for the preservation of volatile computer data. Found under proposed section 487.012, a police officer could make a demand, in form 5.001, requiring a person to preserve computer data in his or her possession. Unless the demand was revoked earlier, it would expire 21 days after it was made. This is probably the most valuable tool for police in this electronic age. It would allow the police the time needed to obtain a warrant to seize evidence. In this electronic age, data can be destroyed or quickly moved. This in itself would allow police to act in a more proactive manner.

I would like to speak to this a little more. The fact of the matter is that with computer data, when police identify a suspect, they do not have the ability to go to that person and say that they need to hold on to the information and cannot delete it, move it, or do anything with it. They would be able to do that through form 5.001. They have not been able to do that to this point in time. It would be a huge opportunity for the police to actively investigate something more proactively.

It would require judicial authority to acquire preserved computer data. As mentioned above, the police would be given the authority to preserve the evidence, but they would still have to obtain a warrant to seize the evidence. That has always been the case.

There is a misconception sometimes that police can just go and grab something and do not need a warrant. The fact of the matter is that there has always been a judicial requirement to seize evidence. Otherwise, once it gets to court, it is thrown out. This bill would give the police an added 21 days to preserve evidence and to be able to obtain a warrant.

The bill would modernize the Criminal Code to recognize all forms of communication. Until recently, the Criminal Code commonly identified communication as either oral or written. We have come a long way in the last 20 years. The Criminal Code identifies what can be received electronically by the police through oral or written means. As I said, we have come a long way, especially with the advent of Facebook, the Internet, Twitter, and Instagram. A lot of these things have really changed the way the police have had to do business.

Most communications today are made by electronic means. Today, to write a letter and put it in a post office box is foreign to most people. It just does not happen. Most of us in this place right now are looking at an electronic device. We are not looking at a piece of paper. We pay our bills online, and we communicate using mobile devices.

This legislation would give police better tools to better track and trace telecommunications. We live in a world where electronic messages and photographs can be distributed instantly anywhere around the world. Giving police the tools to react quickly is not only needed but well overdue.

I have heard from the other side that we should split the bill. Members like one part but not the other. The fact of the matter is that we cannot have one part without the other. It is not possible. We have to be able to give the police the authority and the ability to track electronic data, as is known today, that was not there 20 years ago.

Finally, this legislation would streamline the process for obtaining multiple warrants and orders relating to the execution of wiretap authorization. I was the author of two Part IV affidavits in my time as a police officer. I can tell the House that it is a long and arduous process that requires multiple layers of investigation, each of which must be verified and then reviewed and approved by a Supreme Court judge. To get to this level of investigation, all other forms of investigation must have been exhausted. This form of investigation is not taken lightly by any level of police or judicial department.

My good friend from York Centre in his speech mentioned DNRs, or dial number recorders. It brings me back to a few years ago, when we used those prior to getting to a full wiretap. Just to get a dial number recorder opportunity to place on a phone line goes through a huge amount of paperwork and justification for a Supreme Court justice.

With so many forms of electronic devices available to the public, police must have multiple tools available to them, including wiretap evidence, but I can assure you, Mr. Speaker, and every Canadian, that it is used as a last resort.

It is far too easy in this day and age to do hurtful, irresponsible, and illegal activities that were not possible not so many years ago. With Facebook, Twitter, Instagram, and other forms of social media, we have seen how it is used to humiliate, and in some cases, to have the worst of outcomes, because the victim has absolutely no control over an anonymous, faceless predator.

People who commit these cowardly acts need to be held to account as quickly as possible. This legislation is a good start. We must recognize, as legislators, that when it comes to the Criminal Code, we must provide the most up-to-date laws so that both the police and the courts can deal with this type of crime.

[Justice, April 8th, 2014]

Mr. Speaker, constituents in my riding often express their frustration to me that our justice system far too often appears to put the rights of convicted criminals ahead of the rights of victims. Our government has continually passed legislation that puts victims first. One such example is the elimination of the faint hope clause, which allowed murderers extra parole hearings and forced victims to unnecessarily revisit their horrific experiences.

Last week we announced the Canadian victims bill of rights. Could the Minister of Justice please inform this House about how this legislation is being received by Canadians?

[Petitions, April 7th, 2014]

Mr. Speaker, I have a petition from members of my constituency calling upon the House of Commons to assemble to speedily enact legislation that restricts abortion to the greatest extent possible.

[Canada-Honduras Economic Growth and Prosperity Act, March 31st, 2014]

Mr. Speaker, the minister could not have put it more eloquently. I completely agree with him that the NDP members for some reason do not quite grasp the fact that free trade agreements are a great opportunity, not only for Canadians but for other countries as well.

Our government has signed 38 free trade agreements since we have taken power, and we will continue to move forward with others. I hope the NDP will get on board and recognize the importance of free trade agreements.

[Canada-Honduras Economic Growth and Prosperity Act, March 31st, 2014]

Mr. Speaker, I thank the member for his question, but I do not know what it has to do with Canada and Honduras. I do know that during the Liberals' tenure in power, they only did three trade agreements. We still continue to fix those, so we will not be taking any lessons from the Liberals.

The reality is that this is a good agreement for both Canada and Honduras. It would boost economic prosperity in our country, and it would provide the Hondurans with an opportunity to export to Canada.

[Canada-Honduras Economic Growth and Prosperity Act, March 31st, 2014]

Mr. Speaker, I have been to Honduras and have seen the proud people who live in that country. All they want is a chance to sell their goods outside of Honduras. We are going to give them that opportunity from the perspective of a free trade agreement. We believe in engagement as opposed to isolation. When a country is isolated, it ends up having internal rifts. We believe that if we can include Honduras in an opportunity for free trade with Canada, it will be good for both countries.

[Canada-Honduras Economic Growth and Prosperity Act, March 31st, 2014]

Mr. Speaker, I will get back to the topic at hand, which is the Canada-Honduras free trade agreement. It is a great pleasure to rise in the House to speak to the Canada-Honduras free trade agreement. I will spend a few minutes talking about the concrete benefits this trade agreement would provide to Canadian businesses exporting to Honduras.

The NDP trade critic has criticized this agreement by saying that trade with Honduras is insignificant and that the government is exaggerating its benefits to Canadians. In 2013, Canada exported more than $45 million worth of merchandise to Honduras. This fact serves to further highlight why this agreement is so important for Canadian workers, producers, processors, manufacturers and exporters. What that member fails to realize is that every dollar of our exports directly supports our economy and Canadian jobs, and that is in no way insignificant.

During 13 long years in office, the Liberals signed only three trade agreements, but in eight years, our Conservative government has concluded agreements with 38 countries, and we are negotiating many more, including the trans-Pacific partnership.

That is why today I would like to share with this House the impact this agreement would have on Canadian companies and exporters.

The Canada-Honduras free trade agreement is a high-quality, comprehensive agreement that would bring tremendous benefit to our economy. A free trade agreement with Honduras would give Canadian exporters, investors, and service providers preferential access to a dynamic and fast-growing economy with recorded GDP growth of 3.5% in 2013.

Once implemented, the agreement would improve market access for Canadian exports in the Honduras market by lowering trade barriers. The elimination of tariffs would create tremendous opportunities for increasing Canadian exports to Honduras.

Once the Canada-Honduras free trade agreement was in place, Honduras would eliminate tariffs on over 68.4% of all Canadian goods and services. The remaining tariffs would be phased out over five to 15 years. This is significant, considering that Canadian exports of non-agricultural products are currently facing tariff peaks of up to 15% in Honduras.

The elimination of the vast majority of tariffs would benefit Canadian workers from coast to coast to coast, including producers of forest products, pharmaceuticals, machinery, automotive parts, information and communications technology, and aerospace products.

Let us look at the impact of the agreement on some of the specific sectors of our economy. For Canada, the industrial machinery sector represents an important sector for exports to Honduras. In 2013, Canada exported $4.3 million worth of merchandise to Honduras. The Honduran market could be of interest for companies located throughout Canada, from British Columbia to Prince Edward Island, including Saskatchewan, Manitoba, Ontario, and Quebec.

In 2013, Canada's top exports in this sector included furnaces and ovens, refrigerating equipment, pumps, and machinery parts. The elimination of Honduran tariffs of up to 15% under this agreement could open up new export opportunities.

Companies producing plastics and chemical products are employing Canadians throughout our country. Companies presently in Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba, and Saskatchewan are already exporting Canadian products to Honduras.

In 2013, Canada exported $6.6 million worth of chemical products and almost $2.6 million worth of plastics to Honduras. With tariffs of up to 15%, it is clear that the complete elimination of Honduran tariffs in these two sectors could allow Canadian companies to export a wider range of products, such as paints, varnishes, plastic tubing, and plastic packaging products.

Canada is an important manufacturer and exporter of high-quality wood and pulp and paper products worldwide. We are blessed with a vast and abundant forest resource, and our workers, producers, and manufacturers in provinces such as Quebec, British Columbia, Ontario, Alberta, and Nova Scotia possess the technical expertise and ingenuity to transform this natural resource into value-added products. In 2013, Canada exported $1.5 million worth of forest products to Honduras. The elimination of all tariffs by Honduras of up to 15% in this sector could unleash important gains for Canadian forest products.

Canada has one of the world's most valuable commercial fishing industries. While Canadian exports of fish and seafood to Honduras have historically been low, Honduras' high tariffs of up to 15% on these products are certainly a factor that has contributed to this situation. The complete elimination of Honduran tariffs on fish and seafood under the agreement would allow Canadian fishers and fish and seafood producers from Nova Scotia and Newfoundland and Labrador, for instance, to fully capture all the export opportunities the Honduran market has to offer.

If Canadian businesses have been able to sell their products to Honduras despite these tariffs, imagine how much more successful they will be when their products gain preferential access. It is undeniable that by creating new export opportunities in these sectors, this agreement will help foster greater economic growth.

There are many more examples I could cite, but the fundamental point is that the tariff elimination driven by this agreement would create the potential for increased Canadian exports to Honduras, and that is good for all Canadians. Pursuing new trade opportunities is a win-win for Canada and its trading partners. Canadians benefit from the jobs, prosperity, and consumer benefits that come from increased trade, and that is why it should not come as a surprise to the members of the House that Canadian companies are in support of this agreement.

Throughout the negotiations, government officials consulted with the private sector, and the message was consistent and clear: Canadian companies want this deal. If Canadian companies are telling us that they want their government to implement this agreement, why would we, as elected officials, deny them these benefits? Canadians value the real and tangible benefits that trade brings to our country, and that is why Canadian companies support our government's efforts to forge new trade opportunities around the world.

Closer economic integration with Honduras promises to deliver further gains for Canadian exporters, investors, consumers, and the economy as a whole. For all these reasons, I ask all hon. members to support the implementation of the Canada-Honduras free trade agreement.

[Paralympic Winter Games, March 27th, 2014]

Mr. Speaker, a remarkable young Canadian from Kimberley, B.C., has shown how one can persevere after a life changing moment. In March 2004, Josh Dueck attempted a front flip, which ended badly, severing his spinal cord and breaking his neck. Most people would have given up, but not Josh. Faced with paralysis from the waist down, he took the challenge head-on and continued with his skiing career.

In just six short years, Josh competed at the Vancouver Paralympics, coming away with a silver medal, and most recently he won gold and silver medals in Sochi. Being named the closing ceremony flag bearer for Canada in Sochi is a testament to not only his dedication and commitment to his sport but also his lust for life and that attitude of never giving up.

Congratulations, Josh, on behalf of all Canadians, especially those in Kimberley, B.C. You are a real inspiration.

[Public Safety, March 24th, 2014]

Mr. Speaker, Canadian families expect safe and healthy communities in which to raise their children. Dangerous and addictive drugs are inherent dangers to society, represented by drug dealers, the risks associated in their use, and impacts on communities as a whole.

As we have seen with the recent B.C. audit of the Portland Hotel Society, even once a court-ordered permit has been granted for an injection site, taxpayer dollars are wasted and provincial NDP politicians get paid trips to Disneyland.

The respect for communities act would make organizations like the Portland Hotel Society submit a financial plan when they seek continued approval of their operations. Communities deserve a say before a drug injection site opens in their neighbourhood and they deserve to know that their tax dollars are not paying for NDP junkets.