Bill C-46, the Investigative Powers for the 21st Century (IP21C) Act. Basically, this is a revision of the criminal code underlined words reflect changes
487.11 Either a peace officer or a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament may, in the course of their duties, exercise any of the powers described in section 487, 492.1 or 492.2 without a warrant if the conditions for obtaining a warrant exist but it would not be feasible to obtain a warrant because of exigent circumstancesThey have this slated to replace '1997, c 18 s 46'. Impractical was the word used prior to NOT BE FEASIBLE, section 492.2 is new. Other changes seem to be for 'political correctness' and remove gender from the original text. I am still curious as to what 'exigent circumstances' are defined as.
487.3 (1) On application made at the time an application is made for a warrant under this or any other Act of Parliament, an order under any of sections 487.013 to 487.018 or an authorization under section 529 or 529.4, or at a later time, a justice, a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec may make an order prohibiting access to, and the disclosure of, any information relating to the warrant, order or authorization on the ground thatIn my opinion all of 487.3 should be underlined, as the entire nature of the paragraph has been changed. Not only was "under sections 487.012 and 478.013 changed to 487.013 through 487.018, but the "granting an authorization to enter a dwelling-house under section 529 or an authorization under section 529.4" has been completely sanitized from the section. And, just why is Quebec listed separately?
(2) Paragraph 487.3(1)(b) of the English version of the Act is replaced by the following:(a) an offence under any of the following provisions:
(b) the reason referred to in paragraph (a) outweighs in importance the access to the information.
20. Paragraph (a) of the definition “designated offence” in subsection 490.011(1) of the Act is amended by adding the following after subparagraph (x):
(x.1) section 172.2 (communication for sexual offence against a child),
Did we not just make some huge child pornography bust without these amendments to include subparagraph x.1?
Removed: "and that information that is relevant to the commission of the offence, including the whereabouts of any person, can be obtained through the use of a tracking device". Relevance to the offence no longer relevant?
492.1 (1) A justice or judge who is satisfied by information on oath that there are reasonable grounds to suspect that an offence has been or will be committed under this or any other Act of Parliament and that tracking the location of one or more transactions or the location or movement of a thing, including a vehicle, will assist in the investigation of the offence may issue a warrant authorizing a peace officer or a public officer to obtain that tracking data by means of a tracking device.
(2) A justice or judge who is satisfied by information on oath that there are reasonable grounds to believe that an offence has been or will be committed under this or any other Act of Parliament and that tracking an individual’s movement by identifying the location of a thing that is usually carried or worn by the individual will assist in the investigation of the offence may issue a warrant authorizing a peace officer or a public officer to obtain that tracking data by means of a tracking device.Planting tracking devices in shoes, tagging people with radio transmitters, like when we use radio to track the migratory cycles of birds? There is nothing else I can fit to this statement, unless we will all be RFID implanted in the near future...
(3) The warrant authorizes the peace officer or public officer, or a person acting under their authority, to install, activate, use, maintain, monitor and remove the tracking device, including covertly.OK, this is pretty straight forward... everything except 'including covertly' was already in another section... And one would assume that planting tracking devices are only truly effective when done covertly.
(4) A warrant may contain any conditions that the justice or judge considers appropriate, including conditions to protect a person’s interests.Interests? 'Safety' or 'imminent danger' makes much more sense than 'interests'... 'interests' can really be abused.
(5) Subject to subsection (6), a warrant is valid for the period specified in it as long as that period ends no more than 60 days after the day on which the warrant is issued.This is the same, it's just been moved to a different subparagraph.
(6) A warrant is valid for the period specified in it as long as that period ends no more than one year after the day on which the warrant is issued, if the warrant relates toOK, so we have now defined that 1 year of tracking may be performed for 467.11~467.13 (I'll get to that later I presume...), organized crime, and terrorism... Do they define the terms of terrorism? they don't allude to having defined it by citing another section... They really need to define terrorism, as in the past decade the Bush and Obama administrations to our south have done their best to expand the term to encapsulate about 80% of the population, while actual terrorist organizations have not actually ballooned into organizations akin to the entire populations of China. This vagueness will hurt almost every Canadian at one time or another. And if it is to imply 'those accused of having commit terrorist acts', a very simple 'by whom' question must be raised.
(a) an offence under any of sections 467.11 to 467.13;
(b) an offence committed for the benefit of, at the direction of, or in association with a criminal organization; or
(c) a terrorism offence.
I think we need to restrict the terrorist definition so as to not cast such a wide net that it ensnares majority of law abiding citizens.
(7) On ex parte application supported by an affidavit, the justice or judge who issued a warrant or another justice or judge who has jurisdiction to issue such warrants may authorize the covert removal of the tracking device after the expiry of the warrant under any conditions that the justice or judge considers advisable in the public interest. The authorization is valid for the period specified in it as long as that period is not more than 90 days.I don't have anything to add to this...
Now on to 'definitions'
(8) The following definitions apply in this section.“data” means representations, including signs, signals or symbols, that are capable of being understood by an individual or processed by a computer system or other device.“judge” means a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec.“public officer” means a public officer who is appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament.“tracking data” means data that relates to the location of a transaction, individual or thing.“tracking device” means a device, including a computer program within the meaning of subsection 342.1(2), that may be used to obtain or record tracking data or to transmit it by a means of telecommunication.Terrorist is not defined. This is not a static word. It's definition changes depending on the person using it, and seemingly grows to an eventual scope ending at 'suspected of: breathing' by it's current rate of ambiguous growth. This is not acceptable.
Section 492.2 - I am not going to repeat this section, it's only adaptation is to include the possibility of a 'tracking device' that 'transmits' and or 'records'. I will go straight to the definition in that there is one new definition.
“transmission data” means data thatTransmission data recorder, great, now I have to jump to 342.1(2) to find out if they've defined this so as to include government sanctioned spyware or rootkits.
(a) relates to the telecommunication functions of dialling, routing, addressing or signalling;
(b) is transmitted to identify, activate or configure a device, including a computer program as defined in subsection 342.1(2), in order to establish or maintain access to a telecommunication service for the purpose of enabling a communication, or is generated during the creation, transmission or reception of a communication and identifies or purports to identify the type, direction, date, time, duration, size, origin, destination or termination of the communication; and
(c) does not reveal the substance, meaning or purpose of the communication. “transmission data recorder” means a device, including a computer program within the meaning of subsection 342.1(2), that may be used to obtain or record transmission data or to transmit it by a means of telecommunication.
and the warrant itself?
<Some insert province, officer name, judge name stuff removed>Foreign State? I understand there is a need to quell international crime syndicates, but question the oversight of these new provisions. Some crimes in foreign states are not crimes in others... Will there be oversight in regards to amnesty? We will likely see a growing number of 'dissidents' labelled as terrorists in years to come because the international community has lost it's damned mind.
Because I have reasonable grounds to suspect that the computer data specified below is in your possession or control and that that computer data
will assist in the investigation of an offence that has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament),
will assist in the investigation of an offence that has been committed under (specify the provision of the law of the foreign state) that is being conducted by a person or authority, (name of person or authority), with responsibility in (specify the name of the foreign state) for the investigation of such offences,
you are required to preserve (specify the computer data) that is in your possession or control when you receive this demand until (insert date) unless, before that date, this demand is revoked or a document that contains that data is obtained under a warrant or an order.
This demand is subject to the following conditions:
If you contravene this demand without lawful excuse, you may be subject to a fine.
You are required to destroy the computer data that would not be retained in the ordinary course of business, and any document that is prepared for the purpose of preserving the computer data, in accordance with section 487.0194 of the Criminal Code. If you contravene that provision without lawful excuse, you may be subject to a fine, to imprisonment or to both.
Greece (Italy fits this category too) is now a Fascist state run by bankers who continue to bleed the economy dry by attempting to impose greater austerity in order to spawn growth in the economy (it is a mathematical impossibility to reduce the amount of available currency and grow the economy at the same time, but economists have formulas that eliminate aspects of reality that they deem inconvenient). They are in the beginnings of a civil war and the bankers and corporations will label the majority of Greek citizens terrorists and outlaw as many rights and freedoms as they can find before either side wins.
Remember, this current Prime Minister that the Greek have, was not elected by the people, not even in some rigged or visibly 'staged' vote, and he was the president of the Central Bank of Greece who doctored the countries balance sheet enough for them to join the euro in the 1st place. You heard me, he got them into this mess by hiding their debts as derivatives, with the complicity of his former employer Goldman Sachs, then moved on to the ECB, and is now back to fix a problem that would not have started without his original criminal (or at the very least morally questionable) activity!!! So it is my opinion that the Greek government is both illegitimate, and criminal.
Without oversight, I could be cited as a threat to <insert foreign state:> Greece by <insert foreign leader:> A financial terrorist just for having written this blog post.
If the whole point of this is to extradite 'terrorists' to Guantanamo Bay, I do not want even the smallest bit of complicity on my conscience.
I think we seriously need to examine the world theater before we find ourselves fighting on the wrong side... But, maybe we already are, in which case, it was nice knowing everybody and I suspect the gestapo will disappear me soon.
-DIrtyKID©--- February 14th 2012 noon(ish) ---
FU......... I just established that C-46 is now C-51 "Investigative Powers for the 21st Century Act". Way to make me crazy... The media is reporting that this one does away with the requirement of a warrant... #@$%&!!! <-- there is no proper way to spell how I feel right this second... More on this in my next post. How many amendments are there that are all attempting to do the same thing and are called the same name under a different number anyway? This process appears ultimately designed to frustrate any normal citizen away from actually reading what they want to impose on us 'to protect the children' or 'for the good of something resembling humanity'....