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REPORT OF THE COMMITTEE TUESDAY, February 19, 2002

The Standing Senate Committee on Legal and Constitutional Affairs

has the honour to present its

FOURTEENTH REPORT


Your Committee, to which was referred Bill C-15A, An Act to Amend the Criminal Code and to amend other Acts, has, in obedience to the Order of Reference of Tuesday, November 6, 2001, examined the said Bill and now reports the same with the following amendments:

1.      Page2, clause 5: Add after line 37 the following:

“(2.1) Section 163.1 of the Act is amended by adding the following after subsection (3):

(3.1) A custodian of a computer system who merely provides the means or facilities of telecommunication used by another person to commit an offence under subsection 163.1 (3) does not commit an offence.

(3.2) In this section, “telecommunication” has the same meaning as in section 326 and 327 of this Act.”.

2.  Page 3, clause 5: Add after line 7 the following:

“(4) Subsections 163.1(6) and (7) of the Act are replaced by the following:

(6) Where the accused is charged with an offence under subsection (2), (3), (4), or (4.1), the court shall find the accused not guilty if the representation or written material that is alleged to constitute child pornography has artistic merit or an educational, scientific or medical purpose

(7) Subsections 163(3) to (5) apply, with such modifications as the circumstances require, with respect to an offence under subsection (2), (3), (4) or (4.1).”.

 

Respectfully submitted,

 

LORNA MILNE
Chair


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