44th Parl. 1st Sess.
November 23, 2022 02:00PM
- Nov/23/22 4:02:33 p.m.
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Mr. Speaker, I think the point of order is worthy enough to get clarification.
We all know the process for voting virtually, but just for clarification, when we have a recorded vote on the floor of the House of Commons, the expectation is that a member must rise and acknowledge their name when it is stated. My understanding has always been that if that does not occur, the vote does not count.
That is all I am asking about. I do not want you to reflect on past votes. I just want you to provide clarification for members going forward. They have to stand and acknowledge the Clerk, and if they do not do that, their vote does not count. That is my understanding.
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Mr. Speaker, I am rising to respond to the point of order raised by the House leader of the NDP and the Conservative Party respecting the application of Standing Order 69.1 to Bill C-27, the digital charter implementation act, 2022.
I submit that the protection of privacy rights is a unifying theme that links all parts of Bill C-27. This bill is a key pillar in the government's implementation of a digital charter. The three parts of the bill work together to provide a comprehensive framework to build Canadians' confidence in how their personal information is being used, including with regard to the unique risks posed by artificial intelligence systems, and they need to be considered together given their complementary relationship.
Part 1 of the bill, the consumer privacy protection act, aims to modernize the privacy law that applies to commercial activities to assure Canadians that their personal information is being protected in the digital economy. Artificial intelligence represents one of the most significant sources of innovation and is a key emerging risk in the use of personal information.
We heard, in consultations around the former privacy reform bill, that Canadians are concerned about the use of their personal information by artificial intelligence systems and the potential for bias or harm that may result from the irresponsible use of these systems. Part 1 of Bill C-27 addresses Canadians' rights regarding the use of their personal information in the automated decision system, but there are limits to how privacy law can address concerns about the use of AI systems.
The government developed part 3 of the bill, the artificial intelligence and data act, to protect against the systemic impacts of artificial intelligence systems. It would regulate artificial intelligence systems that process personal information and other data about human activities to ensure that risks, such as bias based on race or gender, are addressed from the design stage all the way to deployment.
If Parliament considers part 1 and part 2 of the bill without taking into account the full impacts of artificial intelligence systems on Canadians, it will have an incomplete picture of the use of personal information in the digital economy and the steps needed to build the trust of Canadians.
This is the first time that the government is seeking to regulate artificial intelligence to govern the use of Canadians' personal information. I have no doubt that members will want to study this part of the bill in depth, and I welcome that. I wanted to give the House the government's perspective on why we think the three parts of the bill are interrelated to the protection of Canadians' personal information. I contend that all parts of the bill are interconnected and should be voted on as one item.
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- Nov/23/22 4:14:17 p.m.
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Mr. Speaker, I would ask that all questions be allowed to stand.
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- Nov/23/22 4:14:27 p.m.
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Mr. Speaker, I would ask that all notices of motions for the production of papers also be allowed to stand.
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Mr. Speaker, Bill S-4 is yet another piece of legislation that the Department of Justice is looking at. I know the member has been a very strong advocate for Bill C-5 and has a few thoughts on it that would be of benefit in terms of reinforcement. We recognize that when it comes to Bill S-4, the modernization is an absolute. It is relatively non-controversial and should pass. There has been time on it in the Senate already.
I know the member has some very strong thoughts on Bill C-5, and I would ask him to maybe provide a different perspective on another piece of legislation that he is bringing through.
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- Nov/23/22 5:30:38 p.m.
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- Re: Bill S-4
Mr. Speaker, I appreciate that we have the Bloc supporting government legislation, which I think will have an impact. In the little time I have had to go over the legislation and listen to some of the comments, what I see is legislation that recognizes that things have changed. There is a technology out there and ways in which we can make our system that much more effective and efficient to provide that quality justice that Canadians expect of our judicial system. I think it is quite encouraging.
The member made reference to his waiting for it to go to committee. Does he have any specific amendments that he would already suggest, or is he more content with seeing it go to committee and then have that debate?
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- Nov/23/22 5:58:09 p.m.
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- Re: Bill S-4
Madam Speaker, I am wondering if my colleague could provide his thoughts on how the legislation would ultimately provide more flexibility, and how, by providing that additional flexibility, it would make the system more just, more efficient and more effective at delivering justice. Could he provide his thoughts on that specifically?
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- Nov/23/22 5:59:26 p.m.
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- Re: Bill S-4
Madam Speaker, it is a pleasure to rise today to speak to an important piece of legislation. I had the opportunity to ask a couple of questions of a number of members on Bill S-4. It is a piece of legislation that was in the House previously, but in a different form. It originated in the House of Commons, where there was a great deal of discussion about it, and it has been reintroduced to the House in the form of a Senate bill, with very few substantial changes.
Having said that, I look at the legislation as a form of modernization. I do not say that lightly. I recall a couple of instances from years ago when I was a justice critic in the Manitoba legislature. There was a great deal of talk about how we could utilize technology to ensure that our judicial system was more effective.
One thing that used to really frustrate me was, when I would drive to the Manitoba legislature from home, I would pass the courts and see all the police cars parked there due to police waiting for trial, many of whom would never even get to testify on that particular day and would be called upon to come back another day, or I would be at another facility where there was serious police traffic, all court related. I remember talking to law enforcement officers who indicated it would be far better to capitalize on some of the technology, such as video conferencing, and the positive impact that would have. I believe it would be quite effective.
When I heard about the legislation coming from the Senate, legislation that originated in the House and was then reintroduced through the Senate, I looked at it from the perspective that, at the end of day, Canadians want a system that will be there in an independent fashion, independent of politics. We very much believe in the rule of law and judicial independence, but there is still a role for legislators and parliamentarians to look at ways to improve the system. That is what we are seeing here. This legislation that the government brought forward would ensure better accessibility. It would make the system more efficient and, ultimately, more effective.
As was cited earlier, we hear a great deal about the importance of getting justice as quickly as possible. There are certain things we have learned from the pandemic. We often heard, when the pandemic was at its peak, that we should look for ways to learn from the pandemic to improve our systems. The technology can easily be brought into our judicial system. We should at least provide the opportunity for its usage. I like to think that providing that opportunity would make a difference.
Bill S-4 proposes a range of reforms that would make court proceedings more flexible while protecting the rights of all participants. The reforms would flow from important work that was done and conducted by the Action Committee on Court Operations in Response to COVID-19, co-chaired by the Minister of Justice and Chief Justice Richard Wagner.
When we look at the tangible things coming out of the legislation, we see one would allow an accused person to appear by video conference at a preliminary inquiry, on consent of the parties and where the court considers it appropriate, including when evidence is actually being presented. In addition, it would allow an accused person to appear by video conference for trial for a summary conviction offence, on consent and where the court considers it appropriate, including when evidence is being presented.
Another important point to recognize in the legislation is that it would allow an accused person to appear via video conference for a trial for an indictable offence on the consent of parties and where the court considers it appropriate, including when evidence is being presented, except in the case of evidence before a jury.
I have two more points to highlight. It would allow an accused person to appear by video conference and audio conference for making a plea on consent of the parties and, where the court considers it appropriate, a plea by audio conference. This would only occur when the court was satisfied that video conferencing was not readily available, and the court could still inquire about the conditions of accepting a guilty plea under subsection 606(1.1), despite not being able to see the accused person, which was proposed in clause 715.234.
The last point I would make to Bill S-4 is that it would allow the offender to appear by video conference or audio conference for sentencing purposes, on the consent of the parties and where a court considers it appropriate. Sentencing by audio conference would only occur when the court was satisfied that video conferencing was not readily available, as proposed in clause 715.235.
I do appreciate the importance of video conferencing. My New Democratic friend from James Bay—
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- Nov/23/22 6:07:45 p.m.
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- Re: Bill S-4
Madam Speaker, in fairness, I had made a note, and the member for Timmins—James Bay does on occasion say something interesting when he rises. On this occasion, he recognized the important role that video conferencing can play for victims.
Mr. Charlie Angus: I was the only one who thought of that.
Mr. Kevin Lamoureux: Madam Speaker, yes, he was one of the only individuals who mentioned it today. In the past, I, and others, have had the opportunity to recognize the importance of victims and how we can be there to support victims. I appreciated the member's comments.
We are taking a look at ways we can use technology, and this would not only make our courts more efficient, but it would also assist victims who have been put in difficult positions. If we can make it easier by working through the courts and getting that consensus to ensure that person can appear via video conference, then we should take advantage of that situation.
I was quite encouraged by what appears to be unanimous consent to go forward with the legislation. That is very encouraging. When the legislation comes before us next, I will continue on that point, recognizing that we do have an opportunity to hopefully get Bill S-4 to committee.
I respect what the members from the Bloc were saying, that the Quebec legal bar association is looking at ways it can enhance or improve the legislation. I suspect there could be some amendments coming forward. I look forward to its ultimately passage, and I will conclude my remarks the next time this comes before the House.
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