Mr. Speaker, on January 15 a ruling was released by a trial level judge of the Supreme Court of British Columbia striking down the prohibition in the Criminal Code against the possession of child pornography. It sparked an intense national debate. Since that day, a day has not gone by when most of us have not been confronted with someone's deep felt emotion on the matter, be it in print, in the media, in our offices here and at home, in the House, on the streets or elsewhere.
The decision has provoked strong reactions. It is difficult to understand why someone would decide that it should not be a crime to possess materials which represent the sexual abuse and exploitation of children. On the other hand, the type of rhetoric from the Reform Party is the fearmongering that has taken place in the House over and over again, saying that pedophiles are running amok in the country, that they are running loose so we should shut our children away. This is not the type of debate that should take place in the House.
When the minister made the comment about silly, it was on those remarks alone and not on the issues that were being debated in this House.
The type of mob mentality that is being fueled by the Reform Party in B.C. is not the type of judicial system we want in this country. Respect for the judiciary is one of the fundamental frameworks of what our democracy is all about.
While that decision had a major impact in terms of the reaction among Canadians, a large number of people do not realize that, at this point in time, the legal repercussions are limited.
Except for British Columbia, where that decision is only binding on provincial court judges, the act prohibiting the simple possession of child pornography still remains in force. In all other parts of Canada, and contrary to what hon. members have said in this House, it is illegal to have this kind of material in one's possession.
Most people find the idea that possession of child pornography could be legal in any part of the country for even a short period of time unacceptable. We share the distressing feeling that this material not only represents child sexual abuse and exploitation, but is also used in an attempt to convince the most vulnerable that it is all right to engage in sexual activities with adults.
Those who abuse and exploit children often make use of visual material such as child pornography to desensitize young people and to encourage them to perform certain acts by making them believe that their peers have taken part in similar acts.
It was to dissuade and prevent such abuse and exploitation that prohibitions specifically aimed at child pornography were proclaimed into force a number of years ago. While the Criminal Code definition of obscenity in section 163 was interpreted in the 1992 decision of the Supreme Court of Canada in the Butler case to include pornography that involves the use of children, determined action was nevertheless taken by parliament to target the market for these materials.
In 1993, offences were introduced which were subject to greater penalties than those existing at the time. The new offence of simple possession was included in recognition of the underground nature of the market and the need to attack the problem at its base level: the individual who creates or trades in child pornography for his personal use.
These amendments to the laws on child pornography were unanimously supported by this House. The ruling which sparked this debate is now the subject of an appeal by the Attorney General of British Columbia to the court of appeal in that province. He has requested that this matter be dealt with expeditiously.
At the federal level, the Minister of Justice has announced that in her role as Attorney General of Canada she is seeking leave to intervene in the matter which is clearly an issue of national importance. We did act immediately. The government has stressed that it supports this legislation, that it believes it is constitutionally sound, and that it will fight to ensure that it is upheld.
Obviously, we want this matter to be solved as quickly as possible. We must, however, acknowledge that the court appeal process is the appropriate approach to take. The purpose of this system is to allow decisions to be reviewed when questions of law or of fact are in dispute.
I understand why other approaches have been suggested, particularly the taking of immediate steps to reinstate the legislation banning the possession of child pornography, which was struck down by this decision, but only in British Columbia. I do not, however, believe we should take that route.
If we believe our current legislation is valid, no steps ought to be taken which could harm that position.
The necessary steps have been taken to see that it is remedied as quickly as possible. Other than in British Columbia—and I did say this at the beginning of my speech but I will repeat it—where this decision is binding upon the provincial court judges, the law prohibiting the simple possession of child pornography remains in force. It is illegal everywhere in Canada to possess these materials.
None of the cases across Canada outside of B.C. is in jeopardy at this time. The ruling is only binding on provincial court judges in B.C. Elsewhere cases continue to be investigated and will proceed before the courts.
Even in B.C. law enforcement continues to work on these cases. In other jurisdictions the law prohibiting possession continues to be in force as in the past. As I said, fearmongering is not going to solve this problem.
In the interim, we in this House can declare our support for the current laws against child pornography found in section 163.1 of the Criminal Code as well as our support for those at the front lines, at our borders, in our communities and in our courtrooms who work unfailingly to see that these laws are enforced and continue to remain in force.