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Core 1..188 Hansard (PRISM::Advent3b2 16.25) House of Commons Debates VOLUME 147 Ï NUMBER 127 Ï 2nd SESSION Ï 41st PARLIAMENT OFFICIAL REPORT (HANSARD) Friday, October 10, 2014 Speaker: The Honourable Andrew Scheer CONTENTS (Table of Contents appears at back of this issue.) 8509 HOUSE OF COMMONS Friday, October 10, 2014 The House met at 10 a.m. By providing police with these modern tools, Parliament would not only be facilitating the investigation of crimes involving electronic evidence in Canada but would be enhancing privacy protection for Canadians generally by requiring the appropriate level Prayers of judicial scrutiny for all information in relation to which there is a reasonable expectation of privacy. GOVERNMENT ORDERS Ï (1005) Ï (1000) [Translation] [English] Finally, Bill C-13 will allow Canada to access and provide greater PROTECTING CANADIANS FROM ONLINE CRIME ACT international cooperation in criminal matters. This is of vital Hon. Denis Lebel (for the Minister of Justice) moved that Bill importance because so much evidence in relation to cybercrimes, C-13, An Act to amend the Criminal Code, the Canada Evidence such as that related to cyberbullying and the non-consensual Act, the Competition Act and the Mutual Legal Assistance in distribution of intimate images, is stored and located outside of Criminal Matters Act, be read the third time and passed. Canada. In many cases, where there is no international cooperation, no investigation can proceed. Mr. Robert Goguen (Parliamentary Secretary to the Minister of Justice, CPC): Mr. Speaker, it is my pleasure to participate in the [English] third reading debate on Bill C-13, the protecting Canadians from online crime act. As was previously pointed out at the report stage, Bill C-13 was Bill C-13 has received wide media attention, and almost every thoroughly reviewed by the Standing Committee on Justice and Canadian who has heard about it has had an opinion on it. Human Rights. The review involved 10 committee meetings and Unfortunately, much of what has been reported in the media has appearances by over 40 witnesses. While there were appearances by disregarded the spirit of this legislation, and this has hampered an witnesses who opposed aspects of the bill, primarily the investigative informed debate on this important piece of legislation. tools, many of the witnesses were supportive of the entire legislation package. However, it should be noted that the new intimate images Bill C-13, in simple terms, would do three very important things offence received almost universal support, including from members that would help make the world safer for Canadians. of the opposition. First, it proposes to amend the Criminal Code to create new During his testimony before the justice committee, the Minister of offences for the non-consensual distribution of intimate images, or Justice explained that the proposed non-consensual distribution of what some refer to as “revenge porn”. Bill C-13 would also update intimate images offence would prohibit the sharing of sexual or nude existing offences, such as the harassing telephone call provision, to images without the consent of the person depicted. It is most make them relevant in the Internet age. Some of these amendments important to respond in this manner to cyberbullying that involves would be particularly useful for police in relation to cyberbullying this activity, which can cruelly humiliate and shame its target and cases. cause irreparable emotional and psychological harm to the victim, The second important component of Bill C-13 is the proposed particularly Canadian youth. The minister explained how this would enhancement of the investigative toolkit police use to deal with remedy a gap in the criminal law. cybercrimes and electronic evidence. These amendments, which comprise the modernization of existing investigative powers as well The minister also noted that Bill C-13 reflects recommendations as the creation of new production orders for specific information, made in June 2013 in a federal-provincial-territorial report on would provide Canadian police with the tools that many other police cyberbullying and the non-consensual distribution of intimate in other countries have been using for over 10 years. The images, which recommended both the creation of a new offence modernization of the toolkit would ensure that police could access and updates to the existing offences and investigative tools. The the information they need, and only the information they need, to report was unanimously supported by the federal, provincial and advance an investigation into an offence. territorial ministers responsible for justice and public safety. 8510 COMMONS DEBATES October 10, 2014 Government Orders The committee also heard from a number of victims of Ï (1010) cyberbullying and parents of deceased victims of cyberbullying, many of whom have become advocates for change to better address [English] cyberbullying. Many of these witnesses expressed support for the proposals in Bill C-13. Mr. Glen Canning, the father of Rehtaeh Parsons, expressed concern about the challenge faced by police in The committee also heard from Mr. David Butt, legal counsel for trying to respond to modern crimes using antiquated tools. He also the Kids' Internet Safety Alliance and a front-line criminal lawyer believes that had Bill C-13 been law at the time of his daughter's who commended the government for striking the right balance harassment, it would have made a positive difference. between investigative needs and privacy protections with the proposals in Bill C-13. [Translation] The Committee also heard from police, including the president of I would like to share with members this quote from his testimony the Canadian Association of Chiefs of Police, the CACP, and the to the committee: chief of the Vancouver Police Department, Jim Chu. ...let's have vibrant police powers to investigate digitally, coupled with significant The CACP represents over 90% of the Canadian police judicial oversight to control those police powers independently. That's the sweet community, including federal, first nations, provincial, regional spot that I say this bill hits. That's my measure of success in a bill: does it enable and municipal agencies. the police to act effectively, but does it also give another branch of government, the judiciary, the appropriate tools to oversee? If you've got both of those, you've [English] got the right mix, and I say you've got the right mix here. Chief Chu clearly stated that the CACP fully supports Bill C-13. He offered the committee compelling testimony on the challenges of While other witnesses expressed similar views to the committee, I crime in the online environment and on its growth in areas of found this a particularly eloquent statement of what Bill C-13 traditional crime, such as harassment, fraud, and kidnapping, as well accomplishes. as in relation to new crimes more closely linked to technological advances. He also explained to the committee the challenges police I would like to continue by citing the support for Bill C-13 face because of the international nature of cyberactivity. expressed by the Canadian Centre for Child Protection. Lianna McDonald, the executive director of this organization, appeared Chief Chu articulated how technology can facilitate traditional before the committee and explained that her organization is a bullying and make it more persuasive and painful. He also expressed registered charity providing national programs and services related concern about the lack of a safe haven and the difficulty of erasing to the personal safety of all children. anything from the online environment once it has been distributed. He said rapid intervention is needed before things get worse for victims, who may suffer consequences of this behaviour for the rest Ms. McDonald explained at the committee that her goal in of their lives. He explained to the committee that the modernized appearing was to provide both insight and support for Bill C-13. tools in Bill C-13 are essential for this response. After over 30 years of working for child protection, she considered the bill to be something that would address the challenges her Chief Chu explained that the bill does not create authority for organization is very familiar with as first-hand witnesses to what she police to obtain information without judicial warrant and that the described as the collision between sexual exploitation, technology, police support Bill C-13's proposed judicial oversight as a good way and bullying. She explained to the committee that Cybertip.ca, to balance investigative needs and privacy protection. He also noted, Canada's national tip line for reporting the online sexual exploitation however, that these tools need to allow police to respond quickly, of children, has received more than 100,000 reports of sexual abuse which is essential in the online environment. and exploitation of children, which has resulted in more than 500 arrests and in removing numerous children from abusive environ- He also responded to the inaccurate portrayals of Bill C-13, in ments. some instances, as creating authority for police to wiretap without authority. Bill C-13 does not provide police with this power, and they will continue to require prior authorization by the courts to Ms. McDonald expressed concern that technology has become a intercept any private communications. Nothing in Bill C-13 changes powerful weapon and tool in the hands of those who wish to hide this. their criminal behaviour behind a cloak of anonymity, making it easier to engage in reprehensible harassment behaviour. She urged [Translation] the committee not to fail in understanding the role of technology in The committee also heard from Greg Gilhooly, a lawyer who was the commission of offences and to be conscious of the importance of a victim of an Internet predator when he was in his youth. modernizing the law.
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