If it ain’t broke…
That’s essentially what the CBA told the Access to Information, Privacy and Ethics Committee in March about the existing consent model in PIPEDA – the Personal Information and Protection of Electronic Documents Act that was enacted in 2001.
What do you do with a bill to implement an agreement reached by governments in two countries that have each been replaced by administrations with very different priorities and ideologies?
When it comes to Bill C-23, which would implement the Agreement on Land, Rail, Marine and Air Transport Preclearance reached between Canada under Stephen Harper’s Conservatives and the U.S. under Barack Obama’s Democrats, a number of national CBA Sections suggest you step back – waaaaay back – and think hard about what the legislation would mean once enacted.
It used to be that when the Criminal Code talked about sex, it talked about sexual acts – and it made a whole host of them illegal – particularly if they were associated with homosexuality. But in the 1980s, a more open-minded wind blew through the Code, bringing with it the idea that the specific acts should be less of a focus than the age of the people performing them and their capacity to consent to them.
As it currently stands, the age of consent is 16, and 16-year-olds can consent to any form of sexual activity that it pleases them to engage in – except one.
When Canada’s Anti-Spam Legislation was passed nearly three years ago, it contained provisions for private rights action, which come into force on July 1, 2017, as well as a requirement for a statutory review, also scheduled to begin on July 1, 2017.
In a letter to Innovation, Science and Economic Development Canada, the CBA makes a strong argument for holding off on implementing the former until the latter is completed.
In January, the CBA National Immigration Law Section outlined how the government can improve the way it deals with immigrants, in a submission to the Standing Committee on Citizenship and Immigration’s study on the modernization of client service delivery. The MPs want to know about the experience clients have with the government departments and recommend best practices for improvement. Why? Because when things go wrong, the complaints land on their desks.
Kim Covert is a writer and editor at the CBA. / Kim Covert est rédactrice et éditorialiste à l’ABC.