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Harper Government Chooses to Stand With the Child Pornographers - Kills Bill C-30


Wetcoaster

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It is Bill C-30 (aka the online surveillance or warrantless wiretapping bill) and one which VikiLeaks Toews famously declared if you did not stand with the government on this bill you were standing with child pornographers.

After strong opposition from legal experts and the general public, the Conservatives are deep-sixing Bill C-30.

Federal Justice Minister Rob Nicholson says the controversial Bill C-30, known as the online surveillance or warrantless wiretapping bill, won't go ahead due to opposition from the public.

Canadians rallied against the bill after the public safety minister told an opposition MP that he could "either stand with us or with the child pornographers."

"We will not be proceeding with Bill C-30 and any attempts that we will continue to have to modernize the Criminal Code will not contain the measures contained in C-30, including the warrantless mandatory disclosure of basic subscriber information or the requirement for telecommunications service providers to build intercept capability within their systems," Nicholson said.

"We've listened to the concerns of Canadians who have been very clear on this and responding to that."

Nicholson made the announcement after introducing a bill to update provisions that would allow for warrantless phone tapping in emergencies.

Canadian law allows police to wiretap without authorization from a court when there is the risk of imminent harm, such as a kidnapping or bomb threat, but the Supreme Court last year struck down the law and gave Parliament 12 months to rewrite another one.

http://www.cbc.ca/news/politics/story/2013/02/11/pol-rob-nicholson-criminal-code-changes.html

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It became clear that Bill C-30 was not going to pass constitutional muster in the light of the April 2012 SCOC decision of R. v. Tse regarding the constitutionality of warrant-less wiretaps in emergency situations. The Court found that the emergency wiretap provisions found in section 184.4 of the Criminal Code of Canada infringes the search and seizure rights in section 8 of the Canadian Charter of Rights and Freedoms, and cannot be justified as a reasonable limitation under section 1 of the Charter, due to the lack of accountability measures.

R. v. Tse, 2012 SCC 16, [2012] 1 S.C.R. 531

http://scc.lexum.org...DdHNlAAAAAAAAAQ

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It became clear that Bill C-30 was not going to pass constitutional muster in the light of the April 2012 SCOC decision of R. v. Tse regarding the constitutionality of warrant-less wiretaps in emergency situations. The Court found that the emergency wiretap provisions found in section 184.4 of the Criminal Code of Canada infringes the search and seizure rights in section 8 of the Canadian Charter of Rights and Freedoms, and cannot be justified as a reasonable limitation under section 1 of the Charter, due to the lack of accountability measures.

R. v. Tse, 2012 SCC 16, [2012] 1 S.C.R. 531

http://scc.lexum.org...DdHNlAAAAAAAAAQ

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