Bill C-313 (Historical)

An Act to amend the Criminal Code (prohibited sexual acts)

Criminal Code

[Rick Casson, Conservative, Lethbridge, AB]

moved that Bill C-313, an act to amend the Criminal Code (prohibited sexual acts), be read the second time and referred to a committee.

Mr. Speaker, I would like to thank my colleague from Edmonton—Sherwood Park for seconding this motion today. He will also be taking part in this hour of debate. I appreciate him being here on a beautiful Friday afternoon in Ottawa.

I am honoured to rise in the House today to debate my private member's bill, Bill C-313. The bill has a very worthy goal of amending Canada's Criminal Code by raising the age of sexual consent from 14 years to 16 years. The bill embodies a cause that I have inherited from the hon. members from Calgary Northeast and Wild Rose, both of whom have spent tireless hours over the past 12 years in an effort to achieve the protection of our children that this bill calls for. Mr. Speaker, you know full well that they have worked very hard in other aspects of protecting children in Canada.

As I have mentioned, this is not the first time the House has been faced with the opportunity to take meaningful action to protect our children from adults who use legal loopholes to engage in sexual activities with minors. For years the House has been presented with many private members' bills aimed at raising the age of consent and today that call continues. It continues largely because the House has yet to provide an appropriate answer to those calls for protection.

Despite claims by the government and Liberal governments that predated it, Canada's Criminal Code remains ineffective in its protection of our children when it comes to providing deterrents for adults who seek sexual relations with the most vulnerable and impressionable citizens of our society: our children. I use the words “our children” because, whether we have children of our own or not, as citizens and members of Parliament we possess a collective responsibility to provide meaningful protection for the children of Canada as if they were our own.

Although my children are now adults, they in turn have children, making me a pretty proud grandfather. The children of our neighbours, our co-workers, our colleagues and even strangers we pass on the street from all regions, ethnic backgrounds and faiths, are all Canada's children. They are Canada's children and therefore, as Canadians and legislators, they are our children to protect.

As members of Parliament, we are elected to make laws that respond to the various needs and necessities of our constituents. I would state that an essential virtue of this bill is that it affords much needed protection for children in not only my constituency of Lethbridge but every single constituency represented in the House. I look forward to the day when Canadian parents can rest assured that no adult can lawfully pursue sexual relations with their children.

The Criminal Code of Canada, as exists today, provides tacit approval for sexual relations between adults and adolescents as young as 14 as long as the sexual relations are consensual and the adult is not in a position of authority or trust over the minor. The same Criminal Code also excuses adults who have sexual relations with children as young as 12 years of age as long as the adult involved was under the impression that the minor was at least 14 years of age, the sexual relations was consensual and there was no abuse of position of authority or trust. As hard as that is to believe, that is what the law is in Canada.

In short, the laws of this land leave our children, as young as 12 years old, vulnerable to the lowest seductions and manipulations of troubled adults who would seek to rob them of their innocence. Clearly, it is time for the House to provide meaningful protection for our children.

Recent Liberal governments have taken a piecemeal approach to protecting our children from opportunistic adults seeking sexual relations with children. One example of this is the Liberal government's Bill C-15A of 2002 which outlawed the use of the Internet to communicate with a child for sexual purposes. While criminalizing Internet luring was a positive step, it really did not provide meaningful protection against very real threats.

Bill C-15A merely removed a stepping stone from the path. While removing a mere stepping stone from the illicit path is positive, it does not eliminate the destination to which the path winds, and that is sexual relations between adults and children.

The Criminal Code of Canada must be amended in order to establish truly robust and effective protection for our children and it is time for us to take real action against a real problem.

A recent event right here in Ottawa highlighted the need for this very action that my bill pursues. Just two months ago, a 38 year old man travelled from the United States to Ottawa with the express purpose of having sexual relations with a 14 year old boy. This individual's trip to Ottawa was the culmination of an Internet relationship that began in an online chat room several months before.

Because the age of consent in Canada is 14, he was not charged with sexual assault or any child sex crime. Under the current Criminal Code, the only charges that the police and parents could pursue against this individual were two charges of unlawfully taking a person under 16 away from his parents against their will and one count of using the Internet to facilitate this. Unfortunately, these charges carry no minimum penalties and have maximums of only five years.

Ironically, this individual faces heavier consequences in the United States where there are strict laws against adults crossing state and international borders in order to have sex with persons under the age of 16, even if it is consensual. It is shameful that the laws of another nation currently provide stronger protection for our children than do our own Canadian laws.

It is no coincidence that this troubled man travelled to Canada to have sexual relations with a minor. Our ineffective laws lacking deterrence and consequences leave the most vulnerable members of our society, our children, much more vulnerable and unprotected than need be.

There was a case in eastern Canada where another person came from the United States, contacted a 14 year old, was apprehended, was thrown in jail and had to be released because the young person with whom he had come to Canada to have a sexual relationship was 14 and legal. He therefore had to be released.

As long as our laws remain complacent in the face of such threats, Canada will remain vulnerable to the cold calculations of those who seek to exploit the innocence of and have sexual relations with our children. We are in real trouble when we have such troubled persons from outside our country travelling into Canada for that expressed reason: to take advantage of our lax laws and to have sexual relations with our children.

The Criminal Code as it stands today is powerless in the face of such brazen acts of illicit opportunism where a minor, who, in the Ottawa case, was suffering from depression, is seduced and manipulated prior to being drawn into actual sexual encounters with an adult.

I will speak of another event here in Ottawa where a 35 year old man was found guilty of having repeated sexual relations with a local 13 year old. He was not found guilty but he was charged. Although this individual has clearly broken the current law that supposedly protects our children, he was simply sentenced to house arrest. During the first 12 months of his sentence he is merely obliged to follow a curfew and to participate in sexual behaviour assessments and treatments if his corrections officer deems them necessary, and that is “if”. The court also required this individual to make a $1,000 donation to the Children's Hospital of Eastern Ontario.

That incident illustrates how, even when the laws meant to protect our children are clearly broken, no real consequences are assigned as a deterrent for the guilty individual or others who may follow suit. We have laws that together reflect our society's disapproval of adults having sexual relations with minors but there is no definitive principle or legislation supporting them.

This is the crux of my argument today. This bill is aimed at protecting, not limiting our children and their rights. I invite members to read the bill and join me in its promotion by considering a peer exemption for close in age categories so as not to criminalize teens who are sexually active with their peers. The true aim of the bill is the protection of our children from adults who intentionally pursue sexual relations with minors. With this bill Parliament will send a clear message.

It is time for Parliament to state clearly and with authority that our children are not fair game for those troubled adults and it is time for Parliament to state clearly and with authority that we will support the parents and law enforcement agencies which are the front line defenders of our children by providing them with laws clearly stating that sexual relations between adults and children are not only unacceptable but unlawful.

If the government and this House cannot support the bill, a Conservative government will.

Article 85 of the Conservative policy statement states:

A Conservative government will act to protect children by eliminating all defences that are used to justify the possession of child pornography. A Conservative government would rename the age of consent to the age of protection and raise it from 14 to 16 years of age.

Raising the age of consent from 14 to 16 years of age will empower parents and law enforcement agencies to vigorously protect some of the most vulnerable citizens from the darkest threats posed to them.

We have seen an attempt by the government to address this issue, but it falls far short of what needs to be done. The bill that the government brought forward is Bill C-2 which was tabled last fall. However, it does not address the issue of the age of sexual consent. I will read some comments from our justice critic, the member for Provencher, who stated:

Yet, despite the stated goals of the bill and the lofty promises of the Justice Minister, C-2 fails miserably in many respects. Most notable is its failure to protect a very vulnerable category of children--14 to 16 year olds--from the grasp of sexual predators. Children at these ages can easily become targets of pornographers, pedophiles and Internet sex scams while their parents are horrified to learn that Canadian law fails to provide them with legal recourse.

In most democratic jurisdictions that include the United Kingdom, Australia, most American states and European countries, adults are prohibited with having sexual relationships with children less than 16 or even 17 years of age. In Canada, a child may legally consent to sex with an adult at age 14.

As I indicated before, in some circumstances that can be as low as 12 and still be acceptable in the courts. The member further stated:

Despite persistent calls from provincial attorneys general and premiers, child advocacy groups, police, and countless other organizations, including the Conservative Party of Canada, successive Liberal ministers of justice continue to resist the proposal to raise Canada's age of sexual consent.

The most frequently cited reason provided by Liberals for not raising the age of consent is that it might criminalize sexual activity between young people.

That is why I mentioned the close in age exemption category that could be easily implemented. The member stated further:

The Criminal Code already permits children younger than 14 to consent to sexual activity as long as their partners are less than two years older than they are. The British, who have set their age of consent at 16, also have a close in age category that has not, as Liberals suggest, criminalized teenagers

There are many issues to be dealt with on this subject. Hopefully, when we hear what the other parties have to say there will be some consideration for this. I feel it is important to note that children who are between 14 and 16 years of age are still children. They still need direction and our protection. As legislators and lawmakers in this country, it is up to us to provide that protection while they are the most vulnerable in our society.

I look forward to the debate today and returning for the second hour and going to a vote. I hope that members of Parliament, when they deliberate, will find it in their hearts and thoughts to support the bill and pass it into law, so that we can say that we have taken a huge step toward helping to protect our children.

Age of Consent

[Richard Marceau, Bloc, Charlesbourg, QC]

Mr. Speaker, let me say first that it is an honour to speak to this bill, especially since you are in the chair. We have an opportunity to work together on another committee. I must say that, up to now, it has been very pleasant, although the situation has at times been tense for reasons that escape you and me.

To begin, I would like to make two preliminary remarks and eight comments, which I hope will provide food for thought. My first preliminary remark is as follows. It is somewhat odd to be speaking to this topic, the age of consent. These days, in the Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness, one of the topics we are discussing is Bill C-2, which also concerns the age of consent and the sexual exploitation of children.

We are having this debate for Bill C-2. I think that it should take place in that context and not now, in this House. I believe it is a bit of a duplication of the resources and efforts of parliamentarians. The member could easily have introduced his bill as amendments during discussion of Bill C-2.

The second preliminary remark is as follows. It is something to see a party wanting to toughen the Young Offenders Act and the application of the Criminal Code as it pertains to young people, thus reducing the age of criminal liability, on the one hand, and raising the age of consent, on the other. In my opinion, it makes no sense. I realize the Conservative Party is not necessarily known for the logic of its positions, but this is a flagrant lack of rigour on a matter of considerable sensitivity.

In the Bloc Québécois we oppose Motion M-221, and Bill C-313, which propose to raise the legal age of consent in sexual relations from 14 to 16 years.

I have to say right off that our position in the Bloc in no way means we would like, support or promote sexual relations between young adolescents. Far from it. We do, however, believe that this is not the right approach.

I shall now proceed to my comments. First, sexual exploitation of children under 18 is already illegal, and consent is not a valid defence. That is already the case.

My second point is that, by raising the legal age of consent, we would be jumping on the bandwagon of sexual repression. Many sexually abused youth have reported that the huge industry of prostitution is, unfortunately, created and fostered by the absence of a healthy sexual climate and of adequate sexual education.

The third point that is important to make is that a higher age of consent would in fact criminalize sexual activity between peers. This means that persons below the age of consent would be prohibited from consenting to engage in sexual relations, regardless of the age of their partners. For instance, such an amendment would enable the courts to try a 16-year old for having sexual contact of any kind with his 15-year old girlfriend.

My fourth point about the age of consent is that raising it does not really solve anything, because there are adults who want to have sexual relations with children. If adult predators are the problem, they should be dealt with directly. Perhaps we ought to assess how evidence is collected and presented and what the role of the courts should be in protecting children. We have to ask ourselves the following question. How can we protect children against abuse through exploitation when the abusers flout the law?

Even setting the age of consent at 25 would not eliminate abuse. The only way to protect adolescents is by educating and empowering them.

The legislation should be based on the activity engaged in, not the age of those involved. Age does not matter, if abuse and exploitation are illegal and criminal.

The problem lies not with the legislation, but with its application. If current federal legislation against exploitation is difficult to enforce, then it has to be changed. That is what we are doing with Bill C-2.

Increasing the age of sexual consent could have the perverse effect of introducing some young people to the justice system. There are many lawyers in this House and others watching us. The justice system is complicated and cumbersome. People involved in it often pay a personal, psychological and moral toll. It is not something we would want for our young people.

Increasing the age of sexual consent also prevents young people from making decisions for themselves. I find that the age of consent is often used as an excuse to limit access to sexual education and contraceptives.

In closing, I want to reiterate the following. We are absolutely against the exploitation of children. I introduced Bill C-303 to impose tougher sentencing on anyone found guilty of sexual offences involving a minor, whether related to pornography, pedophilia, or the sexual exploitation of children. Bill C-303 will provide for minimum sentences, mandatory prison sentences, for the people who exploit these children who are the future of our society and who are so dear to our hearts.

I have already mentioned in this House and I will repeat it again today, my Bill C-303 to impose tougher sentences on those found guilty of sexual offences involving minors, will be presented as an amendment to Bill C-2 at the Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness. We will discuss it on the Tuesday when we come back from our break.

I can guarantee that the next time Bill C-2 comes before this House, it will include minimal sentences for sexual predators who attack our children. It will be a major improvement in law in general and also in the protection of our children who are, as I was saying, vulnerable persons. These young people deserve the protection of all the members in this honourable House.

Treaties Act

[Jean-Yves Roy, Bloc, Matapédia—Matane, QC]

moved that Bill C-260, an act respecting the negotiation, approval, tabling and publication of treaties be read the second time and referred to a committee.

Mr. Speaker, it is my pleasure to address Bill C-260 this evening. It concerns international treaties to be adopted.

I remind this House that this is the third time the Bloc Québécois has presented such a bill in order to democratize treaty and international relations practices.

I recall that, in 1999, my former colleague from Beauharnois—Salaberry, Daniel Turp, now a Parti Québécois MNA, presented Bill C-214, on which this bill is based to a large extent. The bill reached second reading, but, obviously, the Liberals opposed it.

In 2001, my colleague, the member for La Pointe-de-l'Île, who supports my bill, also presented a similar bill. Her bill, C-313, used the wording of Mr. Turp's bill, but added a section providing for hearings to be held in committee with respect to treaties.

Bill C-313 harmonized how treaties are considered with how the House considers bills, meaning that treaties are treated—pardon the play on words—the same way bills are. We demanded that treaties be considered in committee. Unfortunately, the bill introduced by my colleague from La Pointe-de-l'Île never reached second reading.

Bill C-260 is identical to Bill C-313. What are the objectives of this bill? First of all, there is transparency. Our aim, by introducing this bill, is to ensure that treaties are tabled in the House and published so that this process is transparent.

Second, we want to make the process more democratic, by having the House of Commons vote to approve important treaties and by introducing a process of committee consultations similar to that for approving bills.

We also want to respect provincial jurisdiction because, currently, the federal government alone signs treaties and the provinces are not consulted, as we would like. In fact, consultations with the provinces would mean that the federal government could not use its authority to negotiate international treaties to give itself a role in jurisdictions other than its own.

The free trade agreement is a perfect example. Obviously, many areas are affected by the free trade agreement. Many provincial areas of jurisdiction are also affected. Culture is one example of an area we had to defend and which, fortunately, has not yet been affected by the free trade agreement.

For example, a new free trade agreement might be negotiated in the near future, and our partners might ask us to include education, culture, universities and so forth, although these are provincial responsibilities. So the provinces must be able to have their say, oppose such inclusions and have the right to veto, if necessary.

The fourth objective, is to adapt current practices of ratifying treaties to the modern day. We are aware that there are many many treaties now that influence our lives but are negotiated in secret. These impact on our lives daily. I am referring to all of the international trade treaties, as well as to the free trade agreement. If there is one thing that really impacts on people's day to day lives, it is a free trade agreement between several countries, in this instance Canada, the U.S. and Mexico.

If that agreement were expanded, it would have a very definite impact on people's daily lives. People must be aware, and well informed, of the impact of these treaties on their lives.

I should perhaps point out that, where international treaties are concerned, democracy is totally absent. There is no complete compilation of such treaties. Governments release them when and if they see fit, and people cannot be sure they are all being disclosed. There may be secret treaties we know nothing about.

At present, the treaty section at the Department of Foreign Affairs does not even have a list of signed treaties that could be made available to the public and the House of Commons, to at least know what they are about.

At present, the government is not required to table treaties in the House of Commons. This, in my view, denies the elected representatives of the people an extremely important power, the power to vote on these treaties and to relay to the government the message the people want to send through their representatives.

As I said earlier, the House does not even get to approve treaties. The government can sign and ratify any treaty it wants without consulting the representatives of the people. At the very most, treaties requiring legislative changes are brought before Parliament before ratification.

In Quebec, since 2002, a vote by the National Assembly is required. This means that only when the federal government has to amend its legislation does the House of Commons get to vote. It does so, however, only on ad hoc matters. We want to correct this approach, which we feel is totally undemocratic.

Being in no way involved in the negotiation of treaties, the House of Commons cannot consult the public. That is why we would like a process similar to the one for passing bills to be used. Obviously, a parliamentary committee can consult the public and those stakeholders who are directly or indirectly concerned by how a treaty signed by the federal government could change their lives.

It is therefore not surprising to see people increasingly expressing their opposition in the streets. In fact, there is no other place for them to be heard. This has become more pronounced in the past few years at world summits like the one held in Quebec City or others throughout the world. Many demonstrations are held at such events, especially on the issue of globalization. People revolt and demonstrate, sometimes quite aggressively, precisely because they are not informed of the content of the treaties and do not know what is happening during the negotiation process.

Obviously, when you do not have the information, and especially when it is being hidden from you, it is easy to assume that the outcome will not necessarily be positive. That is what provokes many demonstrations. People are opposed to globalization, among other things, because they know very little about the content of international treaties or the consequences, since they have not been explained.

The Bloc Québécois hopes that Parliament will give the public the chance to know about the treaties and to be consulted. This would not take any power away from the government. On the contrary, in my opinion this would only enhance it. If this power is based, as it should be in a democratic system, on public opinion, on citizen involvement in the process, then this strengthens democracy and our democratic system of governing.

Allow me to summarize the situation and the bill. The government is not required to consult the provinces. Earlier I gave the example of culture. If, in the future, our U.S., Mexican or other partners wanted to include culture, for example, in an international treaty, Quebec would be in a difficult position since the provinces are not consulted. The francophone population of Quebec, which is a francophone island in North America, could be threatened if culture were included in a treaty such as the free trade agreement.

We think it is absolutely vital, so long as Quebec remains a part of Canada—and I hope it will be a little longer—that we be consulted as is our right, as francophones and Quebeckers. It would be a way to protect our rights, in education, culture or any other area uniquely ours that is distinct from those of other provinces. We could talk about health care and privatization, which were issues at one point.

There is also university education. Reference has been made to the desire of certain American universities to establish campuses here. The public has to be consulted. People have to be able to object if they wish to these sorts of processes and requests from our partners.

Obviously, we want all treaties to be put before the House of Commons, approved by the House and put to civil society by a parliamentary committee before Parliament decides on important treaties.

I may have failed to mention one point. Important treaties are treaties that require the passage of federal legislation, that change government powers, that generate significant financial commitment, such as Kyoto, for example, that change a border, which could obviously happen, or that impose sanctions or the transfer of jurisdictions to international institutions.

In Europe, for example, this type of transfer occurs, given the creation of the European Economic Community, as defined. A new constitution is to be voted on, and certain powers are transferred. In my opinion, this is the best known and perhaps the most obvious example at the moment of transfers of jurisdictions to international institutions. We should therefore be entitled to vote on them. Important treaties are treaties of this kind or treaties that involve government jurisdiction or international trade.

We also want, as I mentioned—and these are the objects of the bill—any treaty to be published in the Canada Gazette and on the Internet site of the Department of Foreign Affairs. This is one way to democratize the process, one way to give to citizens access to the texts that are submitted, so that they can consult them. The bill also provides for a mandatory consultation process with the provinces, before negotiating a treaty the content of which comes under their jurisdictions. Earlier, I mentioned education. I cannot think of a more striking example.

Currently, in Canada, Parliament and parliamentarians only play a minimal role in the negotiation and ratification of international treaties. We keep making requests in the House of Commons, but we are constantly turned down. We also asked to vote on certain treaties, but that too was rejected. Yet, it is precisely the role of Parliament to convey the public's wishes to the government's executive branch. In reality, it is the executive branch of the federal government, namely cabinet, which controls all the stages in the treaty ratification process.

This control also applies to the content of negotiations which, as I mentioned earlier, are often secret. In fact, this secrecy is an important tool in the federal government's negotiating strategy. Nothing, or hardly anything, is made public before the parties have reached an agreement in principle on the content, or even on the wording of a treaty.

A few years ago, we got our hands on treaties that were being negotiated at the World Trade Organization, and that might have jeopardized our agricultural sector and supply management system. When farmers managed to get their hands on these documents, they literally rebelled. This was a top secret negotiation process. Of course, when people found out about it, the government had to back off.

Unfortunately, I only have one minute left and I have barely touched on this issue. However, I know that when the hon. member takes the floor later on, she will be able to say more on this topic.

Business of the House

[Jay Hill, Conservative, Prince George—Peace River, BC]

Mr. Speaker, there have been consultations between all parties and I believe if you seek it you would find unanimous consent for the following motion. I move:

That the sponsor of Bill C-313, an act to amend the Criminal Code (prohibited sexual acts), be transferred from the member for Calgary Northeast to the member for Lethbridge.

Criminal Code

[Art Hanger, Conservative, Calgary Northeast, AB]

moved for leave to introduce Bill C-313, an act to amend the Criminal Code (prohibited sexual acts).

Mr. Speaker, it is my pleasure to reintroduce this private member's bill in the House. If enacted it will raise the age of sexual consent from age 14 to age 16, something that is long overdue in the country.

I first introduced the bill in 1996 and have reintroduced it several times since, but with the proliferation of child prostitution and child pornography, we in the House should be more determined than ever to raise the age of sexual consent to at least 16 years to protect our children from sexual predators.

It is well known that when children are exploited, the damage is devastating and often lasts a lifetime. Therefore, for the sake of our children, I urge all members in the House to support the bill.

(Motions deemed adopted, bill read the first time and printed)