44th Parl. 1st Sess.
March 28, 2023 10:00AM
Mr. Speaker, it is, again, an honour to rise and speak in this place on behalf of my constituents of Medicine Hat—Cardston—Warner in relation to Bill C-27. It is dubbed the digital charter implementation act.
It is really frustrating to continually see legislation from the Liberal government that is sloppy, lazy and really incomplete, to be honest, and this bill is no exception.
Canadians have seen most of this legislation before in a failed attempt back in 2020. That legislation died on the Order Paper when the Prime Minister took his costly, ill-timed and overly optimistic opportunity to call an election. Since then, we have had three years of inaction on this file, and now the government has tabled this piece of legislation, Bill C-27, which should have been more focused on giving the people of Canada the privacy rights they deserve.
Instead, this legislation is literally the least that they could have possibly done in this regard. The bill is a flawed attempt to start the long overdue process of overhauling Canada's digital data privacy framework. Conservatives will be looking at putting forward some common-sense amendments at the committee stage to protect both individuals and small businesses alike and to ensure that it is the best possible legislation moving forward.
The Conservative Party believes that digital data privacy is a fundamental right that urgently requires strengthened legislation, protections and enforcement. Canadians must have the right to access and control collection, use, monitoring, retention and disclosure of their personal data.
It is unfortunate that we could not rely on the Liberals to get it right the first time, but maybe they will have the modesty, humility and common sense to accept the amendments that will be coming, instead of once again using their NDP coalition to control and steamroll at committee stage.
It is also a shame because Canada's digital data privacy framework has been in dire need of modernization for years. This government has been dragging its feet as well for years on this critically important legislation.
It appears that there is no good reason as to why there has not been advancement on this legislation. Clearly, they did not spend their extra time making the legislation any better than when it was first proposed in 2020.
Conservatives will be looking to see how this bill can be improved. However, when looking at how to improve something, we need to look at why it is even in front of us to begin with.
The Liberals brought it forward today because they were finally exposed for being flat-footed on Canadians' data protection and how they were exposed. Let us think about TikTok.
Michael Geist, Canadian research chair in Internet and e-commerce law at the University of Ottawa, said that he found it “pretty stunning” that the Liberals had to block TikTok on government devices as a precaution because, again, “part of what [the Liberals] were attributing the TikTok ban to was essentially Canada's weak privacy laws.”
The expert continued to say that, when it comes to Bill C-27, the government “sat on it. It barely moves in the House.”
He is not alone in his criticism either. Former privacy commissioner of Canada Daniel Therrien shared similar concerns to those of Michael Geist and those we as Conservatives have.
The former commissioner, Mr. Therrien, argued that the solutions in proposed Bill C-27 are not strong enough to rein in technology companies from pursuing “profit over respect for democratic values”.
He also said that Bill C-27 “will not provide effective protection to individuals, in part due to weak enforcement provisions.”
Former commissioner Therrien's most notable criticism, however, is in his retort to the Liberals' claim that the bill “will create the most important penalties among G7 countries”, which is called “simply marketing”.
This is just a gentlemanly way of a former public official saying that it is not really the case. There are those of us who would call it by some other name.
At best, Bill C-27 is a first step. It is better than the nothing that the Liberals have done for the last three years. That is where the catch-22 is with this bill as proposed.
Doing something will be better than staying in our current technological stone age, with respect to data privacy.
Specific items like the bill's requirements for all businesses to have a privacy watchdog and maintain the public data storage code of conduct are positive measures. However, it does cause worry about the burden this new layer of red tape will have on small business and especially for sole proprietors. Again, on a catch-22 of this lazy Liberal legislation, the law does not go far enough to protect children's privacy for example.
While the information of minors is finally included in the legislation, the definition of what is sensitive, what a minor is or who a minor is are not set out, and the sensitive information of adults for example is not given the same special provisions. This means that businesses are left to decide what is sensitive and appropriate for minors. It also means that the courts, when interpreting the legislation, will understand that if not amended, the sensitive information of adults was specifically left out of the legislation.
Further, businesses will have to navigate varying rules in each province where different definitions of a minor actually apply and that depends on provincial law. This is not good for protecting minors, this is not good for protecting Canadians' sensitive information and this is not good for businesses.
Finally, the fundamental problems in this bill can be summed up in that this bill does not recognize privacy as a fundamental right. Thirty-four years ago, the Supreme Court said that “privacy is at the heart of liberty in a modern state”.
Conservatives believe that individuals are worthy of privacy as a fundamental right, and the concept of privacy as a fundamental right is worthy of legislative protections. Based on that alone, the Liberals have missed the mark on this legislation. Once again, it is up to the Conservatives to fix the Liberals' poorly written legislation.
As I close, I want to offer my thanks for the hard work of the Conservative members of the access to information, privacy and ethics committee. They have done a great job to date. They spent a lot of time on the previous iteration of this legislation, and I have heard a great deal about how Canadians' information and data is used without their consent. With the many identified flaws of the bill, Bill C-27, I think it would be best if this bill were voted down and redrafted, honestly, in order to take these issues into account. However, the NDP-Liberal coalition will surely ignore doing these things right in favour of expediency and send it off to committee.
With that, Canadians and I are leaving the flaws that I have pointed out, and there are many more, along with the additional flaws that I am sure my colleagues will find in their review and will need to be fixed at committee. The Liberals have left the committee a lot of work, but I know that my colleagues there are up for the challenge.
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Mr. Speaker, I am thankful for this opportunity to speak to Bill C-27, the digital charter implementation act, 2022. While there are many important components of Bill C-27 to debate, my speech today will focus on just two aspects. The first is privacy, and the second is identity.
The protection of both the privacy and the identities of Canadians is essential. We need to ensure that strong legal mechanisms are in place to guarantee that protection. Connected with that is the need to protect from the commercial interests of private companies, as well as protection from the government and its potential overreach into the private lives of Canadian citizens. Consequently, I believe a national digital charter is urgently needed. To protect Canadians, it is important that we have a piece of legislation that acts as an umbrella to protect Canadians from government, and to uphold the privacy of Canadians' data and their digital identities.
The second part of my speech will highlight some of the breaches that have occurred over the past three years. These breaches drive home the urgent need for more stringent protection for Canadians when it comes to privacy and protecting their private information.
Privacy rights are at the heart of any democracy. They are necessary for reinforcing the limits and boundaries between private citizens, their government and the private sector. In Canada, individual liberties are guaranteed by section 7 of the Canadian Charter of Rights and Freedoms. Our Chief Justice of the Supreme Court has made comments on this. She stated, “liberty...depends on and mandates respect for the individual and his or her right to be free from government restraint, except as authorized by law.”
Justice McLachlin further explains why it is important for government to keep the people informed and to answer questions, stating, “People who possess power, even small administrative powers, may use information they should not have improperly. And even if they don’t, the individual’s fear that they may use it, often leads to unwilling compliance.”
Just as we have fundamental freedoms entrenched in the highest law of our land to protect us from government encroachment of our freedoms, I also believe that it is necessary to have digital data privacy legislation. That is a fundamental right that urgently requires the strengthening of our legislative protections and enforcement.
That is why we need a federal digital charter, which would act as an overarching piece of legislation. However, Bill C-27, the digital charter implementation act, falls short of this very important objective. The Office of the Privacy Commissioner, for years, has made several calls for reform. Privacy watchdogs have repeatedly lamented that our federal privacy laws are outdated, that they fail to provide the needed legal protections in an increasingly digital world.
Canadians also have serious concerns about privacy. First, they have concerns about how their private information is being used, and what large corporations and governments are doing with it. Second, these concerns have turned into a fear because of the misuse and abuse of private information in the recent years.
This leads me to the second point of my speech. I will speak about the bigger problem in the privacy landscape in this country, which is that the Liberal government is failing to update its own legal boundaries and parameters in this area. The reality is that this bill does not touch on the Privacy Act, the act that governs the government, and this digital charter does not cover how the government handles the information it collects from Canadians.
Essentially, this bill is saying, “Do as I say, not as I do.” With this bill, the government is telling businesses, even sole proprietorships, that they should add additional layers of red tape under the threat of financial penalties. Business owners are still struggling to recover from COVID setbacks, lockdowns and government red tape.
My fear is that many of these small businesses, subject to these new requirements, would not be able to survive or have the capacity to implement some of these new requirements. These demands come even though government itself has failed to lay down the rules and regulations as to what is needed in the form of a regulatory infrastructural framework to secure our digital future.
A digital charter is needed to protect Canadians, but the federal government should be leading by example by outlining a digital charter that would protect the personal data and privacy of its own citizens first, before it asks businesses to do so. Let us be honest that the number one privacy concern Canadians have right now is how their government is using their information. These fears were exacerbated during the trucker convoy when Canadians’ bank accounts were frozen and property was confiscated through the abuse of the Emergencies Act.
Canadians still remember how the government quietly spied on their movements during the pandemic without their consent. A year ago, it was discovered that the Public Health Agency of Canada was tracking Canadians' movement during the pandemic. This was done without their knowledge, and PHAC wanted to keep doing it quietly for years into the future, but it was the Conservative opposition that discovered this breach and stood up for Canadians. We demanded answers from the Public Health Agency on the way the data was collected, how it was defined, what third parties were privy to the data and whether any data was reidentified. It is important that the government answer these questions and sets standards because it is falling short of its own requirements.
Canadians have not forgotten even the ArriveCAN debacle, the privacy questions around its mandatory use, and the terms and conditions associated with it. In other words, exactly what personal data and identifying information has been shared outside the app? Under what circumstances, and with which domestic or international organizations, was it shared? The app’s privacy notice even stipulated that the government had the right to share our information contained in the app with international organizations and institutions.
Canadians have a right to know with whom their data is being shared. This matter, it is no surprise, was referred to the Privacy Commissioner for an investigation. We are still waiting for an answer on the ArriveCAN privacy breaches.
Let us not forget that Canadians were fined thousands of dollars and threatened at their own borders for not submitting their own private medical information. This was, in my view, a massive overreach of government powers, but the reality is that this overreach happened because Canada has insufficient legal safeguards in place to prevent such abuses, and this creates a profound distrust in government.
It concerns me that the government is moving toward integrating a digital proof of identity framework that would massively expand the centralization of government access to the private information and data of Canadians. There are numerous ethical abuses that relate to this data collection.
The biggest concern is having all of one's private information in one place. Imagine our health information, driving information and banking information all in one portal. This would give information handlers a great deal of power over our data. This power urgently needs to be kept in check, and we need public experts in consultation on the ethics behind this centralized data collection power to uncover what we need to do to protect Canadians.
In conclusion, Canada’s digital privacy framework has long been in dire need of modernization. I want to thank the Standing Committee on Access to Information, Privacy and Ethics, which worked hard on this issue for years. Canadians must have the right to access and control the collection, use, monitoring and retention of their personal data. However, in Canada, the Liberal government is failing Canadians by not prioritizing its own accountability when it comes to protecting privacy rights. The bill sadly fails to put forward a rigorous and comprehensive legislative framework that would defend Canadians’ data, privacy and digital identities, now and in the future.
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Madam Speaker, I must first reflect on how much I appreciated the ruling of the Speaker, which recognized that members should stick around for questions and comments after giving a speech.
Having said that, I want to disagree with what the member said when he talked about just how evasive he believes the Government of Canada wants to be. I do not think the member realizes how much we appreciate the Charter of Rights. We were the ones who introduced it. When we look at the legislation, it is substantive in the sense of protecting the privacy of Canadians, whether with the huge data banks of our government, such as the health data banks, or private companies, such as Tim Hortons.
The previous speaker gave an indication that the Conservatives do not like the legislation and gave the impression that they would not support the legislation. Could the member provide his support for the legislation and indicate that he would like to see it go to committee?
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Madam Speaker, I should have pointed out at the beginning of my speech that I would be sticking around to answer any questions and address any comments. I appreciate the member for Winnipeg North, who I hear an awful lot, so I am getting used to him.
I do appreciate the member's question about whether or not Conservatives support this legislation because, in principle, we support the concept that there needs to be regulation in protecting, acquiring, monitoring and distributing individuals' personal data. He pointed out that the Liberal government was the one that brought in the Charter of Rights and Freedoms.
I have a question for the member, and I know he cannot answer it, but why did the government not respect the charter?
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Madam Speaker, given the interest that we had in this place about Yogi-isms and in honour of that, I hoped to ask my colleague, the previous speaker for Banff—Airdrie, about “It ain’t over till it’s over.” In this government's case, a piece of legislation is not over until it gets a do-over because the government never seems to get it right the first time. We seem to be revisiting issues when we warned the government in previous parliaments that it was headed down the wrong track. We have, of course, a do-over now with this piece of legislation, redoing some of the work that the government tried to achieve in previous parliaments. However, here I am today talking about Bill C-27, the digital charter implementation act.
Some members might be interested to know, although I highly doubt it, that when I was a tenured faculty member at Red Deer College, I taught systems analysis and design, programming and database administration. I know it is hard to believe that a guy who likes hunting and fishing as much as I do also sat in a cubicle where they slid pizzas under the door, where I just churned away and developed code and relational databases and did some data architecture work for a handful of years.
It does not seem all that long ago. I got that education just prior to Y2K, and members would remember the scare everyone was going to have with Y2K. I worked in the private sector for a while, but the college I graduated from liked me so much as a student that it invited me back to be a teacher. I taught until 2005 in the information technology field.
I gave a speech a while ago talking about how much and how rapidly technology has evolved and the laws pertaining to that technological advancement. It was 2005 when I left the college, because in January 2006, I was elected to this place. Therefore, I am now a 17-year obsolete data programmer. If I am ever frozen and brought back, it is because I can still program in COBOL and C++, and many of these program languages are still around today.
I am loath to talk about floppy disks at my age. We do not have those anymore. As a matter of fact, I am part of a generation, as are a number of my colleagues, that was probably the last generation on this planet that did not even have cellphones. We had to actually remember people's phone numbers in our heads. When our house phone rang, we actually made an effort to go get it. I do not know if that happens much anymore, but this is where I am at. Long gone are the days of floppy disks, although I do hear that C Sharp and other object-oriented programming languages are still in vogue. That is nice to know.
Today, our information is not stored on floppy disks or hard drives, at least not the same kind of hard drives there were when I was in the business. It is now stored in the cloud, and targeted ads come up on our phones. Every time I bring up Instagram, I do not know where these algorithms get the information from. They must be listening to everything I say because all I get are ads for fishing rods, brand new boats, fish hooks, and I will admit, the cure for plantar fasciitis. Therefore, my phone is clearly listening to everything I say and even the things that my doctor is saying to me in the privacy of a patient-doctor confidential room. However, I am digressing.
This obsolescence in both technology itself and its rapid advancement is something that most of us—
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Mr. Speaker, this is the last time I accept a speaking slot before the budget from the whip's office. Let me just say that.
All kidding aside, we need to trace back the history of this bill. Canada's original digital charter was mapped out in 2019. That is why I referenced that this is a redo of something we did just a few years ago. One of its primary principles was the control and consent of one's personal information, as well as transparency. These are the most salient parts of that charter. It also attempted to back them by a regime of enforcement—
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