The Clean Internet Act (Bill C-427) is a private member's bill which makes one wonder about many things. Since this is not a forum for political discussion, as such, I won't mention the primarily political, ethical, philisophical, educational, intellectual, educational, and other rational things it makes me wonder about. Since this is a legal forum, I will mention that it makes me a wonder about the nature and extent of the training in law or legal issues possessed by anyone involved in the drafting and presentation of this work.

Read about the presenter's rationale at the second of the links I've listed. The news release describes the purpose of the proposed bill:

“An Act to prevent the use of the Internet to distribute child pornography, material that advocates, promotes or incites racial hatred, and material that portrays or promotes violence against women.”

Then it ends with

“In an age when the Internet is increasingly being used for criminal and exploitive purposes, it is the responsibility of parents and all Canadians to protect our vulnerable citizens”, says MP Smith. “This Clean Internet Act is one more step towards ending violence and exploitation of women and children in Canada and abroad.” 

Am I missing something or did MP Smith forget about a significant number of Canadians some of whom, at least, are worth protecting? I might be wrong about this, but I'm reasonably sure that the citizenry of Canada includes males over the age of 18, some of whom are being exploited in ways some might find offensive (even without considering the plight of Maple Leaf fans). Indeed, it's even reasonably possible that at least one or two of Ms. Smith immediate superiors in the current Canadian government are members of that portion of the Canadian citizenry.

Read all about it at Michael Geist's Blog and let's consider ourselves fortunate that (1) it is not a government bill, even though introduced by a member of the party currently in power and (2) given the political constraints under which that party currently operates, the bill will probably never get out of first reading. I'll simply quote Prof. Geist's summary:

"Given that this is a private member's bill, it is very unlikely to become law. That said, this bill would not look out-of-place in countries that aggressively censor the Internet and it makes the dangerous Jennings lawful access bill look positively harmless by comparison."

 

David Cheifetz is a full-time litigator, primarily in commercial insurance areas usually on behalf of an insurer in one way or another; an occasional author on legal topics usually of some relevance to litigator-practitioners and judges, even if they're slow to realize it; a long-time refugee from legal and moral jurisprudence and the "is-ought" dilemma; and, a once-upon-a-time amateur hockey goalie with an odd pedigree. You can find him at Smockum Zarnett Percival LLP - dcheifetz at szplaw.com
[click on the author's name for more information]

up

6 Comments on “Clean Internet Act (Bill C-427).”

  1. Not surprisingly, the views of other informed experts match those of Michael Geist, including the comments that the bill (implication: proponent) is "out to lunch". Here's the link to a CBC article.

    Even more "not surprisingly" the MP responsible for the bill was not available for comment. I assume that that was because she was also out to [oops, I mean out for] lunch.

    Is anybody here prepared to be as cynical as I am and assume the Harperite government is behind that thing appearing as a private member's bill? As a trial balloon so to speak. The Tory control of its caucus makes me doubt, very much, that Ms. Smith would have introduced the bill without permission.

    Be that as it may, there must be something in the Smith name when applied to politicians. Even if Canada's elected politicians aren't (generally) worth describing, as Twain did for the US Congress, as our only native criminal class, their antics often make one wonder if Canadian politicians' 'native' class is too-often the intellectually, or democratically, or educationally challenged (to use the current politically correct terminology).

    In any event, the US seems to have its own problems with Smith-named politicians, democracy, and and freedom of thought. See the post on the Scrivener's Error blog.

  2. Simon C says:

    No – don't be so cynical. If you're a Tory backbencher, the Private Members' Bill ballot is the only chance you have to actually grab a little personal attention. Odds are 99 to 1 against passage – this is a minority government after all. And there are much better ways for the government of floating trial policy balloons than a wacky Private Members' Bill.

  3. Simon C says:

    If it hadn't been for the heart attack, John Smith would have been in 10 Downing Street instead of Tony Blair. Decent and loved politician.

    Of course one can't forget Iain Duncan Smith and Ian Smith – not to mentn the honourable members for Oxford East http://www.andrewsmithmp.org.uk/ for Sheffield, Hillsborough http://www.angelasmith-mp.org.uk for Basildon, Morecambe & Lunesdale, Redditch, Vale of Glamorgan and West Aberdeenshire & Kincardine.

    And some of us are very fond of the Smith of Smiths http://en.wikipedia.org/wiki/Sydney_Smith

  4. Simon,

    It's so wacky, though, that it exposes the member and by extension the Harperites to ridicule.

    I vote for that 1 odds.

    Even if it's not the ruling clique's bill, I can't imagine she'd have presented it if they told her not to. And, of course, they had to have known about it after it was put on the day's order? papers so it could be presented at all for first reading, if not before. So, they could have told her to pull it. They didn't.

    So, they were content it be presented.

    Or, they're so incompetent they missed completely.

    Hobson's choice, for the Harperites.

  5. Simon,

    Well … some Smiths in their modern incarnation(s) as Canadian or American politicians when blathering on freedom of speech and thought issues.

    Will that limitation do?

  6. [...] Un député conservateur a introduit un projet de loi intitulé : Loi visant à empêcher l'utilisation du réseau Internet pour la distribution de pornographie juvénile, de documents destinés à préconiser, promouvoir ou encourager la haine raciale et de documents présentant ou encourageant la violence contre les femmes. Nos collègues anglophones parlent du "Clean Internet Act" (C-427). Voir les commentaires dans SLaw ainsi que du Dr. Geist. [...]

SlawTips      

SlawTips Top 10 Financial Errors: #9 Avoid Having a Written Office-Sharing or Partnership Agreement
Thursday, February 9

Max Amsterdam once said: “Business is the art of extracting money from another man’s pocket without resorting to violence.” The purpose of having a written agreement between all … »»

Practice

SlawTips Open Access Journals
Wednesday, February 8

There is good leagal content that doesn’t necessarily come in the neat packages that we usually look in.  Though our commercial legal database subscriptions have linked, vetted, edited, and easily. […] »»

Research

SlawTips Use join.me to Get on the Same Page Across the Web
Wednesday, February 8

When you need to collaborate on a document displayed on your screen, it’s great to have a colleague from down the hall come into your office and look over your … »»

Technology

noted on Slaw    

MLB Selected Case Summaries    

These summaries of selected recent cases are provided each week to Slaw by Maritime Law Book.
More information.

  • Banks and Banking - Liability of banks to third parties - Negligence - General

    The plaintiffs were the former shareholders of a company that failed. They sued the defendant bank alleging that it breached its contract with the company and the plaintiffs and breached a duty ...

  • Actions - Cause of action - General principles - New or extended cause of action - Opening of floodgates

    The plaintiff and defendant worked at different branches of the same bank. The defendant’s common-law husband was the plaintiff’s ex-husband. Over a four year period, the defendant ...

  • Aliens - Definitions and general principles - Immigration consultants

    The Canadian Society of Immigration Consultants (CSIC) had been designated as the sole regulatory body of immigration consultants in Canada from 2004 until June 2011. On June 30, 2011, Bill C-35 came into force, which significantly amended ...

  • Criminal Law - Sexual offences, public morals and disorderly conduct - Public morals - Obscenity - Possession of child pornography

    The accused was convicted of making child pornography available and two counts of possession of child pornography (see [2010] Sask.R. Uned. 197). Subsequently, he was sentenced ...

  • Criminal Law - Procedure - Charge or directions - Jury or judge alone - Directions regarding pleas or evidence of witnesses, co-accused and accomplices

    Rowe was convicted by a jury of five offences. He appealed.

    The Ontario Court of Appeal allowed ...

  • Narcotic Control - Offences - Possession - General

    The accused wished to access marijuana for medicinal purposes but did not have an authorization to possess marijuana issued under the Marihuana Medical Access Regulations. He was notified that a package of marihuana addressed to him had been ...

  • Narcotic Control - General - Legislation - Exemptions - Medicinal marijuana

    McCrady, who had an application pending under the Marihuana Medical Access Regulations (MMAR) to possess and grow marijuana, was convicted of possession of marijuana (Controlled Drugs and Substances Act (CDSA), s. 4(1)). Hearn pleaded guilty ...

  • Criminal Law - Sentence - Trafficking in hashish or marijuana (incl. possession for purposes of trafficking)

    The accused pleaded guilty to one count of possession of marijuana for the purpose of trafficking. He was sentenced to 30 days’ imprisonment to be served intermittently and 11 months’ ...

  • Municipal Law - Powers of municipalities - Particular powers - Imposition and collection of taxes or fees 

    Catalyst Paper Corp. operated a paper mill in the District of North Cowichan. Catalyst objected to the tax rate that it paid compared to residential ratepayers. In 2009, the ...


law foundation icon

The re-development
of Slaw is assisted by
a grant from the
Law Foundation of Ontario

TalkLaw/ParLoi    

This is a listing of a few upcoming events in Canada of interest to lawyers, law students, legal librarians, and others involved in the practice of law.

Clicking on any event in the list below will give you access to more information and to links allowing you to see the full entry and to add the event to your own calendar.

Click this link for a fuller version of the TalkLaw/ParLoi calendar of events and for instructions as to how to add events and calendars to your own calendar.

Switch to our mobile site