Public Safety committee  Thank you, Mr. Chair. I think the way that proposed paragraph 3(8)(a) has been moved in the subamendment is a mirror of 3(8)(b), so it doesn't replicate the considerations in 3(8)(b), and the judge may confirm the warrant authorization or order if he feels that no additional con

Public Safety committee  Yes.

Justice committee  The provision on restitution in section 738 of the Criminal Code was amended. This provision will allow a person whose intimate image was posted on the Internet to apply to a court for the costs related to the removal of that image. If those costs aren't easily ascertainable, the

Justice committee  I was involved. I chaired that group. The working group was a subgroup of the cybercrime working group. It was basically an ad hoc group, containing not only members from the federal, provincial, territorial working group on cybercrime but also any other interested FPT working gr

Justice committee  You're picking up on some of the things that were mentioned by the media. In relation to terrorism there are some amendments to make the existing provisions consistent with other existing provisions. Currently, from the Criminal Code, you can get the wiretap authorizations for u

Justice committee  Again, this offence was constructed or modelled very much in the manner of the voyeurism offence. When you think of a voyeuristic picture, it could just be a nude picture of a person. On its face, it's not illegal. Unless intimate images are child pornography, on their face they

Justice committee  It is limited. It's limited not only in relation to the definition of what constitutes an intimate image; it's limited in terms of the scope of who it might capture, too. It's not intended to capture the service providers who provide our telecommunications services.

Justice committee  You are correct vis-à-vis the new offence, but you have to remember that Bill C-13 covers more than the new offence. It also modernizes the Criminal Code, other substantive offences vis-à-vis modern technology, and provides police with the investigative tools they need to investi

Justice committee  I'm sorry, I missed your last question since I was looking for.... But I am ready for the first question.

Justice committee  Thanks for the question, Madame Boivin. First of all, the offence is constructed in a way that the offence happens if intimate image is distributed without the consent of a person, or if the distributor is reckless as to whether or not that person consented to the distribution o

Justice committee  Reckless is not inadvertent; it's not by mistake or because you weren't paying attention. Recklessness is a subjective mental element in the criminal law, and it's where someone recognizes a substantial risk and proceeds anyway. For example, if someone finds a picture of their cl

Justice committee  There would be a duplication in that case, only when the....

Justice committee  The extraterritorial applicability of this section would apply to them, but only to the extent of the information that they have. The duty under clause 4 to notify police arises when you have reasonable grounds to believe that a child pornography offence has been committed. The

Justice committee  Thank you, Mr. Chair. The 21-day period was identified by Ms. Kane as being consistent with former Bill C-46. In Bill C-46 it related to a preservation demand by a peace officer. Through the machinations of our policy development and legislative development, we've had discussion

Justice committee  That is what they have indicated to us, and we've consulted with police forces across the country.