Editor, The Record:
Re: New bills help seize digital information, Jan. 26 edition.
Reviewing media information regarding Bill C-52 deeply disturbs me. From what I understand Bill C-52 will allow law enforcement agencies to retrieve Internet customers’ names, addresses, telephone numbers, e-mail addresses, IP addresses, and electronic serial numbers without getting a warrant and without a crime having been committed.
If this is correct, then Bill C-52 is in serious violation of the Canadian Charter of Rights and Freedoms Section 7 (Everyone has the right to life, liberty, and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice) and Section 8 (Everyone has the right to be secure against unreasonable search or seizure). Further, at common law (see MacDonnell v. Halifax Herald Ltd. [2009] and further cases cited within MacDonnell), Canadians are afforded the right to privacy.
MP Randy Kamp alleges that Bill C-52 is needed to combat child pornography, criminal gangs and terrorism. I strongly disagree. There are already laws in place to combat these (and more) criminal and terrorist activities. For example, law enforcement agencies have access to specialized computers that tracks online child pornography offences (by pinging the IP address of the offender in question), and there are criminal laws (as well as specialized law enforcement agencies) in place that are used to tackle both criminal gangs and terrorism (including military special operations and Canadian Security Intelligence Service).
It is one thing to strengthen sentencing for specific crimes, however, when Parliament violates statutory and common law privacy where no crime has taken place and without requiring a warrant, is another.
Any legislation that violates individual right to privacy without due process and a justifiable reason (i.e. criminal/terrorist activity) must not even be considered.
Lee Hanlon
Mission
