Bill C-58 (Historical)

Child Protection Act (Online Sexual Exploitation)

An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service

This enactment imposes reporting duties on persons who provide an Internet service to the public if they are advised of an Internet address where child pornography may be available to the public or if they have reasonable grounds to believe that their Internet service is being or has been used to commit a child pornography offence. This enactment makes it an offence to fail to comply with the reporting duties.

Child Protection Act (Online Sexual Exploitation)

[Irene Mathyssen, NDP, London—Fanshawe, ON]

Mr. Speaker, my colleague's presentation was most informative.

One of the tragedies that we have to face in this place is that we are talking about this after the fact. We are talking about children who have been abused and exploited and have not heard very much about how to protect them and prevent the exploitation.

Not terribly long ago I was at an event sponsored by the Saint Leonard's Society, where there was talk about the crime rate. Generally speaking, no matter what the government says, the crime rate is going down. It is going down for violent crimes and it is in decline, except for one group. That group is young men aged 22 to 29.

That society connected the increase in crime and delinquency within that group and problems such as being susceptible to child pornography to the Mike Harris government, because of the lack of resources, the lack of affordable housing, the lack of child care and the lack of after school programs. Children need to be protected, warned and supported.

The government has said nothing about that, and I wonder if my hon. colleague would care to comment.

[Megan Leslie, NDP, Halifax, NS]

Mr. Speaker, I thank my colleague from London—Fanshawe not just for her question but also for the incredible work she has done on issues in her own riding. I applaud her for that.

I also applaud her for her statement before the question, because that is exactly what we need to be talking about. Yes, violent crime has been going down, except within this one group. Why is it happening?

The depth of poverty in Canada is dramatic and is increasing. What it means is that poor families are poorer. They have access to fewer resources and fewer opportunities for their future.

I support what the member said and I think she is bang on.

[Pierre Lemieux, Conservative, Parliamentary Secretary to the Minister of Agriculture]

Mr. Speaker, I will be splitting my time with the member for Leeds—Grenville.

I am proud to rise in the House today to speak to this important piece of legislation which would enhance Canada's existing measures to better protect children against sexual exploitation through child pornography.

As the father of five children aged from six to 20 years of age, I can tell the House there is nothing more important to a parent than ensuring the safety of our children and protecting them from dangerous Internet predators. That is one of the top priorities for parents in this new digital era.

Bill C-58 would do so by creating a new national statutory requirement for providers of Internet services to report online child pornography to designated authorities. Ultimately, this new reporting requirement would improve the ability of law enforcement to detect potential child pornography offences, thereby helping to reduce the availability of online child pornography. It would facilitate the identification and rescue of child victims, and help identify offenders for the purpose of investigation and prosecution.

Although Canada's criminal law has specifically prohibited child pornography since 1993 and strengthened these prohibitions in 2002 and 2005, the full impact of the role of the Internet in facilitating the demand for and distribution of this material is really only now becoming better understood. The anonymity and instantaneous worldwide access to such despicable material offered by the Internet are real challenges.

Bill C-58 would apply to those who provide Internet services to the public, requiring them to report to a designated agency tips they receive regarding websites where child pornography may be available to the public. It would also require them to notify police and safeguard evidence if they believed that a child pornography offence had been committed using their Internet service.

Failure to comply with these duties would constitute an offence punishable by graduated fines up to $1,000 for a first offence, $5,000 for a second offence and for subsequent offences the possibility of a fine up to $10,000 or six months' imprisonment or both, for individual offenders. If the offender were a corporation the graduated fines would be up to $10,000, $50,000 and $100,000.

I would highlight that nothing in the legislation would either require or authorize any individual or company to actively seek out incidents of child pornography. In other words, providers of Internet services will not be required to monitor their networks for this type of material.

Our government recognizes the efforts of Canada's major Internet service providers, or ISPs, as they are known, in addressing this serious problem. Most Canadian ISPs have adopted acceptable use policies that outline the rules for using Internet accounts, the conditions for access privileges and the consequences for violating those rules and conditions. Most of these policies allow the ISPs to terminate accounts in cases of unacceptable online behaviour.

Organizations such as the Canadian Association of Internet Providers have also helped to develop standards for the industry, including a code of conduct. In 2003 some Canadian ISPs and police agencies formed the Canadian Coalition Against Internet Child Exploitation to assist law enforcement in addressing online child pornography. One important initiative to come out of such collaboration with ISPs is Project Cleanfeed Canada, which aims to block access to websites that host child pornography. Because the focus of Cleanfeed Canada is on limiting accidental exposure to such images, Cybertip.ca provides to participating ISPs a regularly updated list of Internet addresses associated with images of child sexual abuse.

Most of the major ISPs providing service to almost 90% of all Canadian Internet subscribers are participating in Cleanfeed Canada under a memorandum of understanding with Cybertip.ca. Efforts are being made to expand Cleanfeed Canada to the ISPs that service the other 10% of Canadians. Requiring all providers of Internet services to report child pornography websites will undoubtedly enhance the efficiency of the Cleanfeed Canada program.

Bill C-58 also ensures that all those who provide Internet services to the public are be held to the same reporting standard when it comes to reporting online Internet child pornography.

I would highlight that we anticipate that this new legislation should have a limited impact on the business practices of providers of Internet services who already voluntarily report cases of online child pornography. Bill C-58 was drafted in a manner that closely reflects the current practices of Canada's major ISPs.

Bill C-58, however, covers more than just a typical ISP. The term ISP, or Internet service provider, usually refers to someone who provides access to the Internet. This act applies to all those who provide an Internet service to the public. While this does include access providers, it also includes those who provide electronic mail services such as webmail, Internet content hosting services and social networking sites.

This legislation complements our existing comprehensive strategy to combat child sexual exploitation in Canada. This strategy includes an impressive array of existing Criminal Code provisions as well as recent legislative initiatives currently before the House such as Bill C-46, An Act to amend the Criminal Code, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act, and Bill C-47, An Act regulating telecommunications facilities to support investigations.

If adopted, these proposed pieces of legislation would help ensure that law enforcement and national security agencies have the tools they need to fight crimes such as child pornography in today's high tech environment. This government also recognizes that more is needed to combat this scourge than just strong criminal laws.

That is why, in December 2008, we renewed the federal government's national strategy to protect children from sexual exploitation on the Internet. Initially launched in 2004, this national strategy is providing $42.1 million over five years to the RCMP's National Child Exploitation Coordination Centre to provide law enforcement with better tools and resources to address Internet-based child sexual exploitation, enhance public education and awareness and support the 2005 national launch and ongoing operation of Cybertip.ca as a national 24/7 tipline for reporting the sexual exploitation of children on the Internet.

As announced in budget 2007 and rolled out in 2008, our Conservative government has allocated an additional $6 million per year to strengthen initiatives to combat the sexual exploitation and trafficking of children. These funds are being used to augment the overall capacity of the NCECC as well as to specifically enhance its ability to identify and ultimately rescue child victims through the analysis of images seized from sex offenders that are captured on the Internet or received from international law enforcement agencies.

I hope the House understands just how important this legislation is. Bill C-58 will further enhance collaboration between the Internet service industry and law enforcement, resulting in greater protection for our children from online sexual exploitation in today's technological environment. I urge the House to give this bill its full support.

[The Deputy Speaker, Conservative, Andrew Scheer]

We might have time for a very brief question before the bells ring. I will go to the member for Burnaby—New Westminster for a 30-second question.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, we have seen the government cut back on crime prevention funding and not keep its promise to fund the 2,500 police officer positions that were supposed to be funded. There are no resources going with this bill. We are all concerned about child abuse. Why is the government not investing so that the resources are available to follow this bill?

[Pierre Lemieux, Conservative, Glengarry—Prescott—Russell, ON]

Mr. Speaker, toward the closing of my speech, I believe I identified funding that our government has identified toward ending child exploitation. I mentioned $42.1 million over five years to the RCMP, for example, and $6 million per year to strengthen initiatives to combat the sexual exploitation and trafficking of children.

When it comes to this specific bill, we are placing the responsibility on ISPs to report to a registered agency tips that they receive concerning child pornography through the use of their services.

The House resumed from November 25 consideration of the motion that Bill C-58, An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service, be read the second time and referred to a committee.

[Gord Brown, Conservative, Leeds—Grenville, ON]

Mr. Speaker, I am pleased to rise today on second reading of Bill C-58, An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service, and to reiterate the government's commitment to protecting our children.

Evolving communication technologies like the World Wide Web have proven to be of clear benefit to Canadians.

Sadly, these same technologies have also provided new and easier means for offenders to make, view and distribute child pornography. As a result, there has been a significant increase in the availability and volume of child pornography. The web has also enabled criminals to coordinate and plan a wide range of other crimes.

Unfortunately, despite its undeniable benefits, today's advanced technology not only makes these crimes easier to commit but also harder to investigate. While technology has advanced rapidly, it is a challenge for law enforcement to keep pace with new technologies when it comes to investigating crimes.

There are also reports of an increased demand for material with violent content and/or material showing children who are very young. This increased demand is being met with increased supply.

Child pornography constitutes a very serious form of child victimization. Not only are children sexually abused and exploited, but the continuing demand for production and use of child pornography also objectifies all children as sexual objects for the sexual gratification of adult predators.

According to the recent report by the Federal Ombudsman for Victims of Crime, “Every Image, Every Child”, the number of images of serious child abuse quadrupled between 2003 and 2007. As I mentioned, these images are becoming more violent and feature younger children.

I was appalled to discover that 39% of those individuals accessing child pornography were viewing images of children between the ages of three and five, and 19% were viewing images of infants under three years old. I am sure that most law-abiding Canadians would be just as horrified by these statistics.

In addition, Cybertip.ca, Canada's national tipline for reporting the online sexual exploitation of children, receives more than 800,000 hits and more than 700 reports to its website each month.

To help achieve our goal of putting a stop to the growing problem of sexual exploitation of children, the Minister of Justice recently introduced legislation that would create a more uniform mandatory reporting regime across Canada. It would require persons who provide Internet services to the public to report certain information about Internet child pornography. Failure to comply with these duties would constitute an offence punishable by fines and, in some cases, imprisonment, or both.

Our efforts are focused on the Internet and on suppliers of Internet services, because the Internet has largely been responsible for the growth of child pornography crimes over the last 10 years or so.

This legislation covers more than just Internet service provides, or ISPs, as they are known. This term, of course, is commonly used in relation to those who provide access to the Internet. The legislation applies to all persons who provide an Internet service to the public, including Internet access, electronic mail services, Internet content hosting services and social networking sites.

This new reporting regime would complement the actions this government has already taken earlier this year. Our government introduced legislation that proposed to update certain existing offences and to create new investigative powers to help law enforcement officials deal with crime in today's technological environment. It also introduced legislation regarding investigative tools for enforcement agencies to quickly respond to crimes such as child pornography. These pieces of legislation acknowledge that the same communications technologies that benefit our day-to-day lives also provide easier ways of committing crimes, as well as shielding perpetrators from investigation.

Bill C-58, a new act, complements well the measures already in place in the Criminal Code. The code's existing child pornography provisions prohibit all forms of making, distributing, making available, accessing and possessing child pornography, including through the use of the Internet.

At the same time, I also applaud the efforts of provincial and territorial governments that have already enacted, or are contemplating, legislation on mandatory reporting of child pornography. Children are also protected from sexual exploitation by provincial and territorial child welfare legislation, which permits the voluntary reporting of child pornography and makes that reporting mandatory in three provinces. In fact, the approaches adopted in Manitoba, Ontario and Nova Scotia require all citizens to report all forms of child pornography.

Bill C-58 is new federal criminal legislation that is narrower in scope than the legislation in those three provinces. Nevertheless, it will provide for uniform mandatory reporting regimes across the country, which will complement provincial and territorial efforts under their child welfare legislation.

I am also encouraged by the actions of the many suppliers of Internet services who have been good corporate citizens in voluntarily reporting child pornography. The reports to Cybertip.ca have resulted in a number of arrests, as well as numerous children being removed from abusive environments.

Our government takes the safety of our citizens, particularly children, very seriously, whether in cyberspace or out in our communities. The creation and distribution of child pornography is an appalling and odious crime in which children are brutalized over and over again.

A mandatory reporting regime across Canada will improve law enforcement's ability to detect potential child pornography offences, help reduce the availability of online child pornography, facilitate the rescue of victims and help identify and apprehend offenders.

Through this legislation our government is continuing its progress in protecting Canadians, improving our justice system and ensuring that it keeps pace with modern technologies. At the same time, we are reiterating our commitment to protect children from sexual exploitation.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I ask the member who has just spoken whether the government has done some best practice searches across the world to see whether there are other jurisdictions that maybe have dealt with the matter more effectively? Has the government looked at Sweden, Brazil, Germany or other countries in the EU as examples of places where more effective options may be found?

[Gord Brown, Conservative, Leeds—Grenville, ON]

Mr. Speaker, I know that the government has looked at what a number of countries, provinces and territories have been doing, because I know that Canadians consider this issue to be very serious.

I know that we need to look at all of the possibilities to ensure that we do protect our children. This bill does so much to remove what has stood in the way of police being able to investigate and get at the perpetrators of this terrible crime.

[Rick Casson, Conservative, Lethbridge, AB]

Mr. Speaker, I have a question for my colleague. Maybe just to preface that a little bit, a number of years ago I tabled a private member's bill in the House to deal with child pornography. We had noticed at the time that the Criminal Code contained no provision to take away the equipment and materials used to create child pornography. Thus we brought forward that bill, and to the government's credit at the time, it included the provisions in a bill, which became law. So we feel pretty strongly about some of these issues.

I ask my colleague how many cases of Internet child pornography are investigated annually in Canada? He indicated that the ISPs are offering information now, but I would just like to know what is happening presently in Canada.

[Gord Brown, Conservative, Leeds—Grenville, ON]

Mr. Speaker, I would like to thank the hon. member for Lethbridge for that question because it is very important and I know it is something that is very important to him.

The latest statistical data we have relating to child pornography is from 2007. During that year there were over 1,400 police reported child pornography incidents, 440 of which resulted in charges. Unfortunately we have no way of knowing if any of those cases were initiated by an Internet service provider report.

What we do know is that the proliferation of images over the Internet really is a growing problem. According to the special report by the Federal Ombudsman for Victims of Crime, “Every Image, Every Child”, which I spoke about in my presentation, the number of images of serious child abuse quadrupled between 2003 and 2007. The images are getting more violent and the children in the photos are getting younger.

I know that this is something the hon. member for Lethbridge takes very seriously and I do too. I know that our government does, which is why this legislation was introduced.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, the member for Moncton—Riverview—Dieppe outlined in his speech that in Sweden child porn is blocked. Germany and the EU also block access to child porn sites. Brazil has set up ethics rules which the ISPs have signed on to.

I wonder if the member might see these options as being more effective or maybe additions to the effects of this bill.

[Gord Brown, Conservative, Leeds—Grenville, ON]

Mr. Speaker, that is excellent input.

We are at second reading debate on the bill. I think there is strong support among all parties for the bill to move to committee so that the committee can look at it. I know members of Parliament will want to hear about all of the possibilities to make sure that we do everything possible to fight child pornography.

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, I am pleased to speak to Bill C-58. It is important to summarize again what the bill is about.

This bill would impose reporting duties on Internet service providers, ISPs, and on those who offer Internet services to the public when child pornography appears in accounts provided to their subscribers, or if they have reasonable grounds to believe that their service is being or has been used to commit a child pornography offence. That basically summarizes the bill. As a party, Liberal members support the bill at second reading and sending it to committee.

It is important to look at some of the history.

The governing party tries to leave the impression that it is the only party that believes in law and order. However, this has been on the agenda for a long time. We looked at it when we were in government, when I was the solicitor general. We were very worried about child pornography.

Although the Internet is a wonderful tool in terms of providing information to citizens, it is also a tool that others can use to exploit children and exploit people in many other ways.

Although the government tries to indicate that it is the only party that believes in law and order, it is not. I think all of us in this House believe in law and order.

When we pass laws in this place we have to ensure that they are balanced laws and that they will do what they are intended to do without creating unseen consequences and complications for others in society.

As with all legislation that mandates a third party to report online dealings to the police, a balance needs to be struck between policing and privacy concerns to protect Internet neutrality. We intend to examine these questions at committee.

That is why it is extremely important that we send the bill to committee and allow the proper witnesses to come forward, people who work on the Internet system and understand the technicalities and the difficulties of imposing this new burden on providers, albeit for all the right reasons. We need to understand the implications of that in terms of the laws that we make as well.

I might point out another reality, which the member for Moncton—Riverview—Dieppe mentioned yesterday in a somewhat similar tone. The reality is that in 2005 the mandatory minimum sentence of one year for an offence of possessing and creating child pornography was instituted by a Liberal government. The definition of child pornography was broadened by a Liberal government to include depictions, digital or otherwise, in order to trap more perpetrators of the crime. That took us up to late 2005. Then we take the canvas over to January 23, 2006. The hon. member for Moncton—Riverview—Dieppe said:

I have sat through the justice committee meetings and read the literature since that time without interruption. I have not attended every meeting, but I have been there for the whole agenda. There has been nothing on child pornography in that time. If we are all united in Parliament to try to do some good and combat the ill effects of the web and child pornography exploitation in particular, we ought to say to each other that this is not good enough.

The key point the member is making, with which I agree, is that we have to come together quickly. As I said, this was an issue when I was solicitor general in 2003. Each and every day the Internet system is used for the exploitation of others, so we have to get this bill to committee and deal with this issue. It has taken the government a considerable amount of time to bring this bill forward.

As well, I would point out that all attorneys general across Canada, based on the attorney general meetings with the provinces, basically support the move in this direction. Because of the slowness of the federal government in terms of moving forward, some of those governments are taking action on their own.

If we are going to have good laws in Canada, there has to be coordination across the board. That is why it is so important that the federal government take the lead in terms of the implementation of these laws. It is important that we get Bill C-58 to committee, have our hearings and get it acted upon.

While I am on my feet talking about law and order issues, and I have mentioned this before in the House of Commons, there is an area that I am really concerned about and it fits into this debate in some fashion. That is the whole way the Minister of Public Safety is undermining the rehabilitation aspect of inmates by abolishing the prison farms.

I have said before that this is an extremely important issue. We have a government that is talking about law and order, but its law and order agenda seems to be to go out there and build super-jails and put more people in prison. If we are going to have a justice system that works, it has to be one that rehabilitates people. One of the best rehabilitative aspects of that system in fact is for those inmates to work on farms.

There are six of those farms across the country. One of the most productive farms is in the Kingston area. I have been there. In fact, it is in the Speaker's home riding. There are six institutions in that area. Frontenac Pen Farm is in that area. It has one of the best and most productive dairy herds in Canada, and the government is talking about closing it down. It is a farm in which inmates get out there and work with cattle and produce crops and supply other institutions in the Kingston area and across the country to Laval, Quebec, with food. This is productivity in which they take pride.

Contrary to what the Minister of Public Safety states, that skills of farmers are no longer worthy, they are in fact worthy. The inmates do not just learn how to be mechanics or how to milk a cow. They learn teamwork. They learn management. They learn computer skills. They learn how to relate through the use of feeding and working with cattle and livestock.

I want to take the opportunity, while I am on this bill, to emphasize this point again. The government, with no supporting data, has decided to close those prison farms across the country and lose that productivity, lose the rehabilitative aspects of inmates working on farms. That is a terrible decision. It is a wrong decision. I would encourage the minister to come to his senses and recognize that those farms are an important part of our corrections system and should remain.

I will admit that I got a wee bit off track from Bill C-58, but my point in expressing the seriousness of the decision of the government on prison farms is that while it talks about law and order, while it is great on messaging, its actions are not always in the same direction in which it is leaving the impression it is moving forward.

Bill C-58 is important. It stems from an agreement reached at the 2008 meeting of federal, provincial and territorial justice ministers to enact mandatory requirements for ISPs and online content providers to report cases of child pornography.

The major components of the bill that we support are: the mandatory reporting of all website addresses that ISPs are aware may contain child pornography; mandatory reporting to police when ISPs believe that a child pornography offence is or has been committed using their services; and that the provider must also preserve the relevant computer data for 21 days after notifying police, unless required by judicial order that the data is to be destroyed after the 21 day period.

Those are valid reasons and our party is willing to give support to this legislation, to send it to committee to be studied further and to be implemented, I hope quickly, so that this terrible issue of child pornography and the exploitation of children on the Internet can be dealt with.