#CyberFLASH: Bill C-13 Moves Ahead, Despite Claims Supreme Court Already Killed It

Peter MacKay Steven Blaney

The Harper government is set to push through a bill that critics say the Supreme Court has already in effect struck down.

Bill C-13, the Protecting Canadians From Online Crime Act, comes up before the House of Commons on Wednesday.

Often referred to as the “anti-cyberbullying bill,” C-13 was the government’s response to a high-profile Nova Scotia cyberbullying case that is currently under a controversial publication ban.

The bill makes it a crime to transmit pictures without consent, and it removes barriers to getting unwanted pictures removed from the internet.

But critics say the bill also threatens the privacy rights of Canadians by granting immunity to telecoms that provide subscriber information to police without a warrant.

They argue the bill has in effect already been rendered unconstitutional by the Supreme Court, which last June declared that law enforcement requires a warrant to get even basic subscriber data.

Government officials, speaking on background, have told HuffPost previously that the government takes a much more narrow interpretation of the Supreme Court ruling, and is confident the controversial bills will pass constitutional muster.

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