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Justice committee  If there is going to be any change in the date, that would need to be looked at, but in our opinion, the 21-day period is an appropriate length of time. Mr. Wong can comment on what needs to be done or not done in that 21-day period.

October 21st, 2010Committee meeting

Catherine Kane

Justice committee  Unfortunately I don't have it in writing, but I can read it slowly, with your permission.

October 21st, 2010Committee meeting

Catherine Kane

Justice committee  Okay. So the proposed wording for the motion would be that Bill C-22, in clause 2, be amended by replacing, in the English version, lines 1 and 2 on page 2 with the following: “Internet service” means a service providing Internet access, Internet content hosting or electronic

October 21st, 2010Committee meeting

Catherine Kane

Justice committee  Yes. “Internet service” means a service providing Internet access, Internet content hosting or electronic mail.

October 21st, 2010Committee meeting

Catherine Kane

October 21st, 2010Committee meeting

Catherine Kane

Justice committee  I will begin the response, and my colleagues may provide additional information. With respect to the motion, as you know, the 21-day period was also the period of time that was reflected in former Bill C-46 and Bill C-47, introduced in the last Parliament. As our minister has i

October 21st, 2010Committee meeting

Catherine Kane

Justice committee  Thank you. To respond to Mr. Lee's concern, we have, as Mr. Dechert said, looked at the proposed wording and would suggest that perhaps the intent can be accomplished in a slightly different way. The proposed motion adds the word “service” at the end, which would seem to just m

October 21st, 2010Committee meeting

Catherine Kane

Justice committee  On the issue of whether there is an overlap with the federal and provincial law, as indicated earlier the provinces are operating in their child protection power. We're operating under the criminal law power with this stand-alone statute. There are many examples where provincia

October 19th, 2010Committee meeting

Catherine Kane

Justice committee  The provincial legislation is enacted under the provinces' power for child welfare, much like other provincial statutes are to assist people with civil protection orders and so on. So we don't see that there's any issue there, though our provincial colleagues have engaged in an a

October 19th, 2010Committee meeting

Catherine Kane

Justice committee  It's my understanding that many provincial statutes provide positive reporting duties now. For example, professionals are required to report child abuse that they see, and there are sanctions for non-compliance. I guess it could also suggest that if you have witnesses here on T

October 19th, 2010Committee meeting

Catherine Kane

Justice committee  I'm not aware that we've used the term “articulable cause” in Canadian statutes. It's used in American statutes, and our understanding is that it may be a higher threshold to meet, but I think we have to bear in mind that we're talking about a duty on the ISPs and we're not talki

October 19th, 2010Committee meeting

Catherine Kane

Justice committee  Could I suggest some information for your consideration? As you know, it's a principle of statutory interpretation that you have to give meaning based on the intention of the statute, and if you were to look at clause 3 and you inserted the word “e-mail”, there would be, in my vi

October 19th, 2010Committee meeting

Catherine Kane