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Results: 1 - 14 of 14
View Marie-Hélène Gaudreau Profile
BQ (QC)
Thank you, Mr. Chair.
Good morning, Minister. I hope you are well on this Monday, as we approach the end of the parliamentary session.
First of all, I congratulate you on all the work you have done on Bill C‑10. Of course, I am very disappointed with what is happening right now. In December, the committee made a point of meeting with witnesses to get to the bottom of everything that was going on with child pornography. However, because we are on the Standing Committee on Access to Information, Privacy and Ethics, we had to address other issues.
Today, I would like to shed some light on all of the testimony that we have heard. Initially, our motion was to invite Pornhub executives. We've heard a lot of comments, and I'd like to express a concern that I have.
We talked about the Five Eyes group and how this is a global issue. That being said, our current position is unfortunately not at the forefront. As you said earlier, other countries have already introduced similar legislation or are in the process of doing so. Canada does not have any concrete bills in the works on this topic.
How is Canada positioning itself? How do we position ourselves internationally in terms of protecting our fundamental rights?
View Steven Guilbeault Profile
Lib. (QC)
Thank you, Ms. Gaudreau. Good morning. I wish you a good Monday as well.
I am as disappointed as you are to see the lack of ambition of some of the other parties in the House with respect to the passage of Bill C‑10. However, we are not here to talk about that.
Canada is among the lead countries in addressing this issue. The countries I named earlier, which can be counted on the fingers of one hand, are among the only ones that are currently taking action.
It was at Canada's initiative that a coalition of countries was created that are committed to working together, not only on the issue of hate speech and other online harm, but also on cultural issues. Several countries are very interested in what we are doing with Bill C‑10 and with respect to media compensation. This sort of informal coalition of countries is working collaboratively at Canada's initiative. In a few weeks, an announcement will be made about this joint international work.
Of course, a country like ours needs to have legislation that addresses the issue of online harm. However, this is indeed a global problem, and it needs to be addressed on a global level. That's why we formed this coalition of countries. Right now, there are only five of us, but I suspect that before long, many more people will be around the table.
View David Lametti Profile
Lib. (QC)
Thank you, Mr. Chair.
I'm accompanied today by François Daigle, the associate deputy minister of the Department of Justice. Thank you for the invitation to appear before you today.
I'd like to make some general comments on some of the issues raised during previous meetings of the committee's study.
I'd like to emphasize that the government is committed to keeping our children safe, including online, as Minister Blair just said. Canada's criminal legislation in this area are among the most comprehensive in the world.
The Criminal Code prohibits all forms of making, distributing, transmitting, making available, accessing, selling, advertising, exporting and possessing child pornography, which the Criminal Code broadly defines as material involving the depiction of sexual exploitation of persons under the age of 18 years.
The Criminal Code also prohibits luring—that is, communicating with a young person, using a computer, including online, for the purpose of facilitating the commission of a sexual offence against that young person. It prohibits agreeing to or making arrangements with another person to commit a sexual offence against a child, and it prohibits providing sexually explicit material to a young person for the purpose of facilitating the commission of a sexual offence against that young person.
Furthermore, the Criminal Code also prohibits voyeurism and the non-consensual distribution of intimate images, which are particularly germane to both the online world and the discussion we are having today.
Offences of a general application may also apply to criminal conduct that takes place online or that is facilitated by the use of the Internet. For example, criminal harassment and human trafficking offences may apply, depending upon the facts of the case.
Courts are also authorized to order the removal of child sexual exploitation material and other criminal content, such as intimate images, voyeuristic material or hate propaganda, where it is being made available to the public from a server in Canada.
In addition to the Criminal Code, as Minister of Justice, I'm responsible for the Act respecting the mandatory reporting of Internet child pornography by persons who provide and Internet service. This act doesn't have a short title, but law practitioners refer to it as the mandatory reporting act.
In English, it's the mandatory reporting act, or MRA.
Under the mandatory reporting act, Internet service providers in Canada have two main obligations. The first is to contact the Canadian Centre for Child Protection when they receive child pornography complaints from their subscribers. This centre is the non-governmental agency that operates Cybertip.ca, the national tipline for reporting the online sexual exploitation of children.
The second obligation of Internet service providers is to inform the provincial or territorial police when there are reasonable grounds to believe that its Internet services have been used to commit a child pornography offence.
While Canada's laws are comprehensive, it is my understanding that there has been some concern as to how they are being interpreted and implemented, especially in relation to the troubling media reports about MindGeek and its Pornhub site.
Since I am the Minister of Justice, it would not be appropriate for me to comment on ongoing or potential investigations or prosecutions, but I would also note that the responsibility for the administration of criminal justice, including the investigation and prosecution of such crimes, including the sexual exploitation offences, falls largely on my provincial colleagues and counterparts.
However, as the Prime Minister stated during question period on February 3:
...cracking down on illegal online content is something we are taking very, very seriously. Whether it is hate speech, terrorism, child exploitation or any other illegal acts....
In fact, the government takes these measures so seriously that the Prime Minister has given four ministers the mandate to address different aspects of online harms. Minister Blair and I are two of these ministers. As he has mentioned, the Minister of Canadian Heritage is one of the lead [Technical difficulty—Editor] as well.
While the Internet has provided many benefits to Canada and the world, it has also provided criminals with a medium that extends their reach—and thus, their victim base—and a medium that elevates the level of complexity of investigations. One complicating factor is that telecommunications networks and services transcend international borders, while the enforcement authority of police, such as the RCMP, is generally limited to their domestic jurisdiction.
Further, under international law, court orders are generally enforceable only within the jurisdiction of a state. With limited exceptions, their enforcement requires the consent of the other state in which they are sought to be enforced.
Canada is obviously not the only country facing these challenges, which is why we continue to work with our international partners to facilitate international co-operation in the investigation and prosecution of these crimes, notably to strengthen bilateral co-operation and negotiation of new international mutual legal assistance treaties in criminal matters in order to address these issues.
Although mutual legal assistance treaties are a universally accepted method of requesting and obtaining international assistance in criminal matters, even in emergency situations, they weren't designed for the Internet age, where digital evidence is a common component of most criminal investigations and where timeliness is essential to the collection of this evidence because of its volatility.
Canada is actively working with its international partners to address these issues. For example, we are currently participating in the negotiation of a second protocol to the Council of Europe Convention on Cybercrime to enhance international co-operation on cross-border access to data.
Thank you.
View Bill Blair Profile
Lib. (ON)
Thank you very much, Mr. Fergus, for what is a very important question.
As you've already indicated, we do supply funding to the RCMP to run the National Child Exploitation Crime Centre, which has a number of significant responsibilities, including the investigation of these predators to gather the evidence to bring them to court and to prosecute them. It also has the purpose of identifying and rescuing victims on the international front.
Because of the nature of online harms generally, and certainly of this most terrible crime, there is a very significant international component. That's why, in the five-country ministerial meetings that I have attended for each the last three years, the focus in each of those meetings has been on online child sexual [Technical difficulty—Editor] and implementation of principles to guide industry efforts to combat online crimes and child sexual exploitation.
In addition, we are part of an initiative called the WePROTECT Global Alliance, which is a movement dedicated to national and global action to end sexual exploitation of children online. It includes like-minded states, NGOs and civil society organizations.
Finally, Mr. Fergus, I would point out that the RCMP actually chairs a group called the Virtual Global Taskforce on child exploitation. This is an international law enforcement alliance that is engaged in intelligence sharing, data sharing and dealing with this issue globally. I think it is a demonstration of both Canada's commitment and the RCMP's global leadership on this critically important issue.
View David Lametti Profile
Lib. (QC)
Mr. Fergus, I would just add that we're working with other countries on mutual legal assistance treaties to facilitate the exchange of information between our police forces, multilateral conventions on cybercrime, as well as bilateral agreements with countries such as the United States, for example, to facilitate the exchange of information in a context where it needs to be done quickly.
View Marie-Hélène Gaudreau Profile
BQ (QC)
Good afternoon, Ms. Lucki.
I would like to have a little more information about the Five Eyes. We talked about the fact that Canada has become a leader. I have one concern: our legislative model is used to maintain the structures. Yet the need to respond is changing so quickly. Earlier, I heard you talk about the increased need for resources.
Who are the Five Eyes? What is the specific role of the group?
Reassure me and reassure the victims that we are thinking about enacting international laws that could help to eliminate the problem. If you are telling us that we are a leader, could you elaborate?
Brenda Lucki
View Brenda Lucki Profile
Brenda Lucki
2021-04-12 13:00
For the Five Eyes, the countries that are involved are Australia, New Zealand, the U.K., the United States and us. It's important that we work together and, first of all, exchange the intelligence and the data, but also work towards developing and investing in technological solutions. Often some of these countries are working towards technological solutions, so we can use that.
We're also the lead, when you look at child exploitation and you look at [Technical difficulty—Editor], the technology there is the first of its kind and what they've done with the Phoenix group is so incredible. When we look at companies, we like to work with the voluntary principles to counter online child sexual exploitation and abuse, which were developed by the Five Eyes governments through consultation with a wide range of stakeholders, including a leading group of industry representatives. These principles are intended to provide a consistent and high-level framework for industry actors to review safety processes and respond to risks facing users. There's lots of great exchange, all with the goal of eliminating these heinous acts.
View Jacques Gourde Profile
CPC (QC)
Thank you, Madam Chair.
Witnesses speak about concerted action at the international level. We all understand that, in cases where virtual activities are involved, there are no borders.
My concern is that while we work to put in place strong regulations in Canada, companies like Pornhub could move their headquarters to countries where they would be safe from lawsuits or any legal action. It's shocking how quickly these companies can move, and it leaves us perplexed as to what action we should take.
Could the witnesses give us an idea of countries we could work with internationally? Which countries would be most sensitive to the problem?
Could we talk about crimes against our children? Could these criminals be accused of crimes against humanity?
John F. Clark
View John F. Clark Profile
John F. Clark
2021-02-22 12:22
We are indeed talking about criminal activity, and to your question about which countries we should work with, again, it's very, very difficult. There are variances in all different countries we work with, but make no mistake that we do believe in strong enforcement, strong prosecution, a strong judicial system. The legality surrounding this.... I mean, the information superhighway was never meant to be unpoliced. If a crime happens on the street and is punishable under law, it should be the same if a crime is happening on the Internet. It should be punishable to the full extent of the law.
Lianna McDonald
View Lianna McDonald Profile
Lianna McDonald
2021-02-22 12:22
I would add in here, to echo John's comments, that it is very challenging. I would say, though, that Australia has done some very impressive work in this space. Also, as was mentioned by Daniel, the U.K. government has really taken a leadership role with its “Online Harms White Paper” and looking towards a different type of schema to look at this. I do want to make just one point that really has not been discussed here at all, and that goes back to the issue of accountability and oversight.
Again, we are still relying on systems under which it's up to the companies to come forward and to report, so we don't know the scale of the problem. We don't know. There's no oversight to know if they're in fact reporting what they ought to be reporting, and it puts the users or survivors and victims in an unfair situation when they're dependent on these companies to do the right thing. While we looked at what is available to us, we also have to raise the important question about accountability and what oversight is tied to what these companies are or are not doing.
View Cathay Wagantall Profile
CPC (SK)
Thank you for your work.
However, I can't help but think there has to be a way with MindGeek to work together internationally—because this is an international issue—to provide that capability to have jurisdiction absolutely wherever you need it for something like this.
Why is that not something that has been being worked on internationally, or is it? What needs to be done in terms of Canada's responsibility in enabling us to get over that hurdle? Clearly, it's a method of avoidance.
Marie-Claude Arsenault
View Marie-Claude Arsenault Profile
Marie-Claude Arsenault
2021-02-22 13:20
Within the Virtual Global Taskforce, pretty well all the countries, or many of them, have similar challenges with jurisdictional issues. We are working on identifying all these law enforcement challenges. As part of the VGT, we have industry and NGOs that are our partners. We also work with other NGOs that have some influence internationally to advocate for some of the challenges.
Perhaps Mr. Wong could speak from the international side on legislative groups that are also looking at these issues.
View Cathay Wagantall Profile
CPC (SK)
Thank you.
I'd like to expand a bit, however, your comment that you're working on it internationally. I know of NGOs that have reported scenarios like this to me and said that as the police force, it's very difficult to function in this environment because you don't have the jurisdictional support you need. It's supposedly been worked on for a very long time, yet we have a situation here where we've had only 120 reports since 2020 and that type of thing.
What has been accomplished, or what is being done that it's taking so long to get any kind of co-operation internationally to deal with this horrific situation?
Marie-Claude Arsenault
View Marie-Claude Arsenault Profile
Marie-Claude Arsenault
2021-02-22 13:22
The co-operation is there amongst all international partners when it comes to the exchange of information, the exchange of intelligence, sharing our best practices, and so on. On the legislative side, our group of law enforcement does not have control in terms of changing the laws—
Results: 1 - 14 of 14

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