The Standing Senate Committee on Legal and Constitutional Affairs

has the honour to present its

SEVENTEENTH REPORT

Your Committee, to which was referred the motion of the Honourable Senator Carstairs, P.C., that the Senate do not insist on its amendment numbered 1(a) to Bill C-15A, An Act to amend the Criminal Code and to amend other Acts, to which the House of Commons has disagreed; and that a message be sent to the House of Commons to acquaint that House accordingly, has, in obedience to the Order of Reference of Tuesday, May 7, 2002, examined the said motion and Message and now reports as follows:

Your Committee recommends that the Senate do not insist on its amendment numbered 1(a).

Your Committee does, however wish to report back with observations which are appended to this report.

Respectfully submitted,

LORNA MILNE
Chair

APPENDIX

Your Committee has decided not to insist on its amendment numbered 1(a) of Bill C-15A because of assurances received from officials of the Department of Justice who appeared before us on May 8, 2002. Specifically, your Committee received testimony clearly stating that the child pornography provisions of Bill C-15A would not subject Internet Service Providers (ISPs) to criminal liability when they do not have knowledge of the content of the material stored on or transmitted through their systems. Indeed, in previous testimony before your Committee, Departmental officials recognized that ISPs are not required to monitor what is on their systems, nor should they for privacy reasons. Those officials assured your Committee that it is the Government's intention that ISPs would only be held liable under the proposed law if they knew they were transmitting child pornography and they continued to offer the service. Furthermore, your Committee believes that it is essential that those who administer the criminal law be apprised of the Government's assurance on this matter.