David Wilks

[Protecting Canadians from Online Crime Act, October 1st, 2014]

Mr. Speaker, we have some leading precedence to this. The bill needs to be through by December 22. If it is not, then certain things will happen.

However, from a perspective of Bill C-13, the bill recognizes the importance of modernizing the Criminal Code and police techniques. Police forces cannot work in the century behind us right now. They need to get into the 21st century. The bill would do that.

[Protecting Canadians from Online Crime Act, October 1st, 2014]

Mr. Speaker, I am pleased to speak to Bill C-13, the protecting Canadians from online crime act, now that it has been reported back to the House by the Standing Committee on Justice and Human Rights.

Without the provisions contained in Bill C-13, there would be no tool in the Criminal Code to enable the preservation of computer data and ensure important evidence would not deleted prematurely. In addition, without these provisions, there would be no tool designed for the production of specific types of data such as transmission data. Nor would there be a tool to assist in tracking a communication by using one order that could be served on multiple providers when it was revealed that the person under investigation was hopping from one hiding place to the next, from one server provider to the next, simply to cover his or her tracks. Bill C-13 would bring the kind of balance Canadians expect from a 21st century system of justice.

I want to address some basic principles so everyone understands what is at stake.

The new preservation tools are crucial. With regard to the storage of data, Canada's telecommunications industry is, in many ways, unregulated. We do not have laws for mandatory data retention, contrary to what exists in the European Union, and many Canadians believe we should not have such laws. Bill C-13 does not change that.

There are a number of providers with a variety of business practices. This is not a criticism of those practices. There are many reasons why data should be deleted. Some of those reasons have to do with privacy, but not all of them. Sometimes it is cheaper. Sometimes it is just the way technology is designed. However, sometimes these circumstances are consciously exploited by criminals trying to hide their trail and get away with their crimes.

The creation of the preservation tools reflects the diversity of legitimate business practices and acknowledges the fact that the industry is not required to retain data. However, we must understand the consequences of our choices. This also means that vital data could be deleted before production orders could be obtained from a judge enabling that data to be disclosed.

Preservation demands and preservation orders act as the first step in a lawful investigation. These tools ensure the data at least exists long enough for a judge to assess the evidence brought before him or her and determine if it should be disclosed to the police so it could assist in an investigation and eventually be brought forward in open court.

Let us consider the next step: the production of evidence. The new production orders provide the necessary set of investigational powers that enable a judge to grant specific types of data as specified in the order, which could be obtained by the police. This is another aspect that has not been understood in the media or by some witnesses who appeared before the committee. The new tools are not about disclosing data in general. It may be easy to grasp that these provisions would give law enforcement the specific tools it needs in the modern world of computers and complex telecommunications. However, there is another side to it.

The provisions in Bill C-13 ensure that a judge is aware of precisely what type of data is being sought by the police in relation to a specific investigation. This is quite unique. Most countries around the world do not provide their judges with this ability to carefully consider the circumstances and to uphold the rights and freedoms of the people and their jurisdiction by granting the authorities access to only one sort of data and not another. If the police do not need access to every kind of data, why should that be permissible?

These new tools make clear that police forces can obtain what is needed, but not more. If they can convince the judge that they need access to a particular type of data in order to assist in the investigation, then the judge can empower them to obtain that data from a service provider, but only that type of data, not every type of data that the service provider might have. This type of precision, this new approach, increases accountability, transparency and privacy protection. It is a new model for our new high tech reality. It is the right balance of freedom and protection for Canadians.

These are not simple issues and they do not deserve to be dismissed by misguided motions to delete vital provisions from Bill C-13. We must begin to understand that in a complex telecommunications network, where the Internet enables mobile phones, laptops and tablets to send data through the air in the blink of an eye, there are different types of data going through the network, data which can have diverse characteristics. We need different tools for those different types of data. The warrant for a tracking device and the warrant for a transmission data recorder are examples of those kinds of tools. They are crucial tools to combatting cyberbullying and online crime in general.

The current dial number recorder provisions in the Criminal Code were put in place when most Canadians did not have a cellphone and were not surfing the web. This is not the kind of technology that police face today when conducting criminal investigations.

The new transmission data recorder provisions can be used for collecting data from both telephones and the Internet. We all know that in today's world, a cellphone can be used to place a call, surf the web, or send a text message or a digital photograph. The transmission data recorder reflects this reality. It is not restricted to one type of data from one type of device. Again, a much more cautious approach has been taken than headlines would have one believe.

We must look carefully at the details. The new provision is important because it establishes appropriate safeguards. The transmission data recorder may be a mouthful to say and it may be difficult to understand some of the technological wording, but basically it is about the data that devices send to each other to connect into the network.

There are many different bits of data that could fall under the definition of transmission data, making a long, complicated list looking daunting. However, there are three things to remember.

First, police officers have to get approval from a judge. They must present evidence to a judge in order to use a transmission data recorder.

Second, the transmission data recorder is basically about mapping networks. It is about identifying devices and messages. It is not focused on identifying an individual person. That means it is not centred on the sort of attribution that was the focus of the Supreme Court of Canada's recent decision in Spencer in June 2014.

Third, and this is absolutely important, the police cannot use this provision to intercept what people say or text to each other or the digital photos that they send. The provision is crystal clear about this. It specifically states that it cannot be used to collect content. That means the transmission data recorder cannot be used to intercept voice. It cannot be used to collect text messages. It cannot be used to read the content of emails. It cannot even be used to read the subject line of an email. It cannot be used to collect a digital photo. To do that sort of thing would be to conduct an interception. To conduct an interception, the police would need a full-blown wiretap authorization, and that is the way it should be.

The police need the right tools, but Canadians need their privacy protected. Bill C-13 would strike the balance.

The warrants for the tracking device and the transmission data recorder not only improve police capabilities, but also strengthen the privacy protections for Canadians generally by ensuring that judicial standards are respected for different types of data.

Let us use another example to make that clear. The amended tracking order provisions distinguish between tracking things and tracking people. Now the existing provisions in the Criminal Code do not make the distinction. Therefore, if the police were tracking a package, like a drug shipment, that is one thing. However, if the police are trying to track a person, using a device usually carried or worn by the person, the new provision demands that the police meet a higher threshold of proof. The police must bring more compelling evidence before a judge, before that judge would permit a tracking warrant to be used to follow a person's movements. That is the way it should be.

The new provisions enhance privacy protections above the old provisions in the Criminal Code. The old tool is not good enough in today's society. The new provisions strike the balance between law enforcement needs and privacy protections.

I call upon all members to give their full support to Bill C-13 to ensure its swift passage.

[Community Leadership, September 16th, 2014]

Mr. Speaker, as municipal elections in British Columbia are soon upon us, I would like to take the opportunity to thank four outstanding individuals who will not be seeking re-election.

Christina Benty was elected mayor of Golden in 2008, and Dee Conklin was elected mayor of Radium Hot Springs in 2008 as well. Both of these women have moved their communities forward in a positive way.

Heath Slee was first elected in 2002 as the Area B director for the RDEK. His accomplishments are many. However, the most significant was being president of UBCM for the year 2011-12.

John Kettle was elected in 2002 as the Area B director for the RDCK. Since 2008, he has served as the chair of the RDCK as well as the chair of the East Kootenay hospital board.

These four individuals are passionate about politics, and I am honoured to have worked with them over the years. I wish each of them well and thank them for their years of service. They have served their communities well.

[Ebola Outbreak, September 15th, 2014]

Mr. Speaker, with regard to the DART, again, we remain ready with other countries should we be called upon to utilize them. I am sure that the DART could deal very well with the situation.

[Ebola Outbreak, September 15th, 2014]

Mr. Speaker, I thank the member for his questions, although to tell the truth I cannot remember before the third one, so I will start with number three.

The Canada Border Services Agency officers have available to them protective suits they can wear when required, as do most officers, not only from the Canada Border Services Agency but from the RCMP as well. From that perspective, it has been taken care of.

With regard to the doses, I am being told that they are available and ready to go, and it is up to the World Health Organization.

If I may indulge, I cannot remember the second question, so I cannot answer it.

[Ebola Outbreak, September 15th, 2014]

Mr. Speaker, what I can tell members is that approximately 1,500 doses of an experimental vaccine, designed by the Public Health Agency of Canada, have been produced under license by a U.S. company to support ongoing research. We have offered 800 to 1,000 doses of this experimental vaccine to the World Health Organization as a response to help fight this outbreak.

The World Health Organization continues to evaluate ethical and logistical concerns about the use of experimental vaccines in outbreak areas, and while the safe transportation of our vaccine is an important consideration, these doses are ready to be transported the moment the World Health Organization requests that they be transferred or deployed.

[Ebola Outbreak, September 15th, 2014]

Mr. Speaker, certainly forced quarantine from the perspective of this outbreak in Canada is not required. We have not had a case here in Canada. If the member is speaking to West Africa, whether it be Liberia, Guinea, or the other countries, certainly there is an opportunity to look at that. However, I do not understand whether that is occurring right now.

[Ebola Outbreak, September 15th, 2014]

Mr. Speaker, there is a coordinated effort being made by a number of countries around the world, Canada being just one. We will involve ourselves with all of the countries to ensure that the most appropriate action is taken. Canada will do its part with the many nations that are involved.

I hope that Canada, along with the other nations, will be able to stop this outbreak as soon as possible.

[Ebola Outbreak, September 15th, 2014]

Mr. Speaker, I am pleased to rise in the House tonight to highlight actions taken by our government to ensure Canada is prepared to manage public health threats such as Ebola and how Canada keeps its borders safe.

First, I want to emphasize how our thoughts are with those affected by the Ebola situation in West Africa.

Although the outbreak is taking place beyond our borders, Canada is playing an important and historic role in the global response, as well as engaging in extensive preparedness measures at home.

To date, the government has contributed more than $5 million in support of international humanitarian and public health security interventions. The government has also supported the development of an experimental vaccine for Ebola. We recognize that while such a vaccine is promising, it does not replace the need for rapid diagnosis, good infection control practices and tight coordination among partners.

Canada is providing world-leading laboratory expertise to help in the response effort in West Africa. We are also participating in an international early warning system that detects reports of outbreaks and emergencies from around the world to ensure an effective, coordinated and rapid response.

While there has never been a case of Ebola in Canada and the risk to Canadians remains very low, the government continues to actively work with provinces and territories here at home to ensure that our health care system is prepared for any infectious disease risk that lands on our doorsteps.

From the outset, the government's response has been robust and comprehensive, including world-class preparedness at home as well as meaningful contributions and impacts abroad as part of the global response.

These actions demonstrate the health and safety of Canadians has always been, and will continue to be, our top priority. To be clear, the risk to Canadians from the Ebola virus is very low. The Ebola virus does not spread easily from person to person. It is spread through direct contact with infected body fluids, not through casual contact. To date, there has not been a single case of Ebola contracted on an airplane.

Nonetheless, our government has taken steps to assist the people in West Africa, and will continue to monitor the situation closely.

While an imported case could potentially occur in Canada, it is highly unlikely to spread between Canadians given the strength of our health care system, existing prevention and control procedures, and overall preparedness.

The Government of Canada has a number of systems in place in Canada to identify and prevent the spread of serious infectious diseases like Ebola, as well as providing ill travellers with the best possible care.

The Public Health Agency of Canada was created in response to SARS to enhance Canada's preparedness to respond to situations like the one before us today. As a result, Canada is more prepared to address infectious disease risk today than ever before, recognizing that the many public health threats, such as outbreaks of serious infectious disease, such as Ebola, do not stop at the border.

We have also undertaken targeted work with other countries and international organizations, like the World Health Organization to build global public health security. On August 8, the World Health Organization declared the recent outbreak Ebola in West Africa a public health emergency, an international concern. It also determined that a coordinated response from the international community was required to prevent further spread of the disease.

Canada is already implementing many of the measures being advised by the World Health Organization, including maintaining preparedness to detect, investigate and manage people with Ebola virus in the unlikely event that a case were to appear in Canada.

Canada engages with international multilateral partners to promote global health security, including preventing and responding to public health threats. Building on our existing world health care system and prevention and control expertise, Canada's response to the Ebola situation is also being guided by the World Health Organization. On a global scale, the World Health Organization recommends managing Ebola by minimizing risk of exposure and spread.

First, the emphasis is on containment or reduction at the source. This involves treatment, screening and contact tracing on the ground for affected individuals in West Africa.

Second, there is an emphasis on limiting the spread across borders of affected countries in Africa. This includes exit screening, such as temperature checks for individuals who are travelling from affected countries.

Third, there are measures in place to detect ill travellers at points of entry in Canada.

I would like to take a few minutes to outline Canada's preparedness on how public health partners and border security officials across Canada are working together to ensure the health and safety of Canadians.

Comprehensive procedures are in place at our borders to identify ill travellers arriving to Canada. These procedures are set out in Canada's Quarantine Act which is administered 24 hours a day, 7 days a week at all Canadian international points of entry. Canada requires travellers to report to a Canadian Border Services agent if they are ill upon arrival. Canadian Border Services Agency officers are also trained to screen arriving international travellers for signs and symptoms of infectious disease. Any travellers showing symptoms are referred to quarantine officers from the Public Health Agency of Canada for follow-up.

To be clear, the risk to Canadians is very low. There are no direct flights between Canada and countries currently affected by the Ebola virus outbreak.

Controls at our borders are just one of many interventions to reduce the spread of infectious disease and to protect Canadians. Should a traveller from an affected country develop symptoms associated with Ebola, the Canadian public health system is ready to respond with appropriate infection prevention and control, laboratory testing and treatment measures. While waiting for test results, various infection protection and control measures would be initiated within hospitals and the health care system to ensure the individual would be isolated and contained to minimize the risk of spreading the disease.

Hospitals in Canada have sophisticated infection control systems and procedures in place that are designed to limit the spread of infection, protect health care workers and provide the best care possible for those affected.

To keep Canadians informed, the Public Health Agency of Canada provides information directly to Canadians, such as travel health notices available online and through social medium platforms, including Twitter, and through the media by providing appropriate web, email, phone and contact information for people to get additional information.

In addition to these existing practices, we can quickly adapt our national response measures to address changing circumstances and evolving risk in the situation abroad. Canada's health professionals are prepared to act when an individual who has travelled from a region affected by Ebola is presented with symptoms within 21 days following the exposure.

We will continue to work with federal, provincial and territorial, and international partners to ensure a consistent and coordinated Canadian response.

In closing, I want to reassure Canadians of Canada's overall readiness to effectively respond to and manage public health threats like Ebola. The risk to Canadians remains low. This government is working to keep Canada's borders safe. Our health care system is prepared for rapid action. Canada is ready.

[Ebola Outbreak, September 15th, 2014]

Mr. Speaker, continuing on the answer he just provided with regard to the additional $2 million that the minister spoke of tonight, could the member please expound upon what the protective gear would do to help those trying to assist people with the disease in Western Africa?