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