Justice committee  Thank you, Ms. Schellenberg. We hope that our input today will assist you in understanding how the draft provisions would function, if they're implemented, and of course in understanding what constitutional or charter issues may arise. We are proposing numerous amendments that

Justice committee  I will. I just want to make a very brief comment about the Competition Act provisions, which are generally overlooked. We do have a recommendation that clause 29, creating a new section 14.1 of the Competition Act, should be deleted. The section would import Criminal Code prese

Justice committee  Okay. We don't see a provision here that concerns metadata from web surfing. To our knowledge, that kind of evidence is obtained by seizing a computer and forensically examining it, and that is well covered by other law outside of this bill. With respect to the standard of reck

Justice committee  Subscriber information?

Justice committee  Well that issue is squarely before the Supreme Court of Canada in the Spencer case. So I'm waiting to hear what they say. It's been very well argued both ways that subscriber information is either like name and address information, or that it's the crucial link that enables deter

Justice committee  Disclosed to the police in error, unlawfully?

Justice committee  Yes, infringement of a charter protected privacy interest is a harm. Privacy is something that we value in our justice system and to infringe someone's privacy in those circumstances weakens the protection of everyone's privacy in general.

Justice committee  If you're asking about non-judicially authorized disclosure, that is currently made under the provisions of PIPEDA or the privacy acts and there's a great debate whether those provisions are tight enough. That goes beyond what we can deal with in Bill C-13—

Justice committee  No.

Justice committee  I did turn my mind to this briefly in preparation. As you likely know, those definitions of peace officer and public officer appear in section 2 of the Criminal Code. You have to be cautious because they apply throughout the code in hundreds of sections. When you look at the eig

Justice committee  We addressed that exact issue in our written submission. It's quite true that there isn't a specific provision for eventual destruction of copied electronic data. The older provisions of the code cover return or destruction of physical objects that are seized. But copies of data,

Justice committee  Yes, I was just going to speak to that.

Justice committee  It's a difficult point, because we accept that metadata is more revealing of private conduct, of browsing history. But transmission data, information on the mere originator and recipient of a communication, can be revealing if it's repeated. The example we gave in our written sub

Justice committee  That recommendation was arrived at some months ago. We appreciate that the legislative process takes its own course, but our intent in making that recommendation is simply to enable full consideration of both parts of the bill. Cyberbullying is a very sensitive topic, and lawful

Justice committee  That's for sure. Because we are mere lawyers, we are dependent on people with expertise in education. There have been some excellent presentations from previous witnesses on how youth are being educated about the effects of cyberbullying and how they can be better educated about