Mr. Speaker, I am also pleased to take part in this debate. I can assure the hon. member who just spoke that it will be unanimous in terms of our support. The Conservative Party as well is very much in favour of this bill as we were of that of the hon. member for Calgary Centre. His Bill C-284 was the impetus to the government's adoption of this particular notion.
As outlined by previous speakers who referred to Bill C-69, this particular act that is to be amended will now incorporate and permit law enforcement agencies, and by virtue of their co-operation, agencies such as Big Brothers, Scouts Canada, kindergartens and those who seek to have persons in positions of trust in their employ, to inquire through the police and through the solicitor general's department about the appearance on a person's record of a prior sexual assault conviction. Prior to this amendment there was no ability to do so with any certainty.
As has been mentioned a balance always has to be struck when one is attempting to disclose information that was deemed to have been pardoned. This country's pardon system has often been questioned. This bill and the amendment to this type of information is very positive.
Along those lines, May 3 to May 7 was sexual awareness week. The city of Lethbridge promoted this week by bringing to the attention of Canadians the issue of sexual assault. It made this comment in its literature: “It is not an issue of sex; it is an issue of power and control”. That is very true when it comes to the disclosure of information to protect those in our society who are most vulnerable. I am talking here about children who are very vulnerable when exposed potentially to individuals who have been convicted of sexual assaults.
This bill, which will amend the Criminal Records Act and other acts as a consequence, will provide the necessary protection. It allows access to records of pardoned individuals which was previously unavailable. It will work in conjunction with another bill which is currently before the House of Commons, Bill C-79. That bill is aimed specifically at bringing victims more into the picture with respect to our criminal justice system. It is intended to allow access in particular by the police and agencies to this vital information which concerns sex offenders who had received a pardon previously.
The safeguards to protect the individual's rights exist within the legislation. The solicitor general has a degree of discretion where, as referred to, police officers are now mandated to make the disclosure when the request has occurred and the proper vetting has also occurred. There are safeguards and scrutiny will take place before the information will be disclosed.
We are all aware of high profile individual cases that have become very public, one of which rocked our national sport of hockey. I am referring to the Toronto Maple Leafs scandal involving an usher, John Roby whose case is now coming to a close. Mr. Roby was facing 35 charges of molesting children and showed very little remorse throughout the trial.
This type of predatory violence is something we must do everything possible about in this House and certainly in our law enforcement. We must do everything within our means to ensure the proper information is disseminated to society so people will know and can identify those persons who are preying on our most vulnerable the children.
Prior access to criminal records may not have helped in that case. This is a situation where this is not retroactive for cases that have already been heard. But in similar future situations where there is a high rate of recidivism, which is the case when it comes to sexual assault complainants, they need to know that individuals have in the past engaged in this type of despicable behaviour. These records will be flagged.
Individuals who have engaged in that activity and who have been for whatever reason granted a pardon will have their records flagged. Agencies will be permitted to gain access to that information and then make informed decisions as to whether they would put a person with that type of record in a position of working in close contact with children.
Another tragic case which has garnered much public attention is the case of Alison Parrot, an 11 year old who was raped and murdered by Francis Carl Roy in 1989. Alison's mother tried to seek justice in the death of her daughter yet there was a further tragedy. Mr. Roy should not have been on the streets. He had two prior convictions for the rapes of teenage girls and had assaulted another woman only days before Alison Parrot was raped and murdered. The judge decided to protect Mr. Roy's right to presumption of innocence and agreed to the defence motion not to disclose to the jury the prior convictions in the other cases.
This will be an issue for another day, but I suggest again that when it comes to the protection of children, information is power. It is power in the hands of those who need it most, mainly the police and agencies that oversee children through their education or caregiving.
Bill C-69 will set up a sex offender registry which will be accessed over the Canadian Police Information Centre, the CPIC system. That information will be quickly available to police officers who can then pass it on to those who make the inquiries. This again is important. Speed of access is very important. When a person applies for a job or volunteers for an organization, the information needed for the decision to hire or not to hire is required in a very expeditious way.
Another measure that would enable people to notify these agencies like CPIC is by making direct inquiries through the solicitor general's department. Again this is a welcome change.
If we continue to enact legislation such as Bill C-69, we may some day reach a point where the Canadian public will again begin to believe in our justice system and have greater faith in the ability of our law enforcement agencies to protect them from sexual predators.
There is always talk in situations such as this one of the charter of rights and the individual's rights to be protected. We know that a pardon is an extraordinary remedy when a person has already been convicted and has gone through the proper legal channels. However there are some instances, and obviously the protection of children is one, that outweigh that individual's rights to keep this information private.
I suggest that there is a recognition of this by the government and the efforts of the hon. member for Calgary Centre and all participants of the justice committee. I would commend the witnesses who also came forward and spoke in favour of this legislative initiative.
Criminal records concerning a pardoned offence will only be released by the solicitor general or the RCMP after there is written notification given to the affected offender. There will also be an element of vetting as to the appropriateness of this decision.
Community rights in most instances should prevail. Statistics have shown that since 1994, 700 pardoned individuals have reoffended. This is somewhat disturbing, particularly when it again bears on the protection of children.
I believe in democracy. Therefore, I believe in rights for everyone, including former sexual offenders. I can understand the minister's dilemma: she must always try to ensure that the rights of all Canadians are protected.
With Bill C-69 the minister tried to come up with a bill that will protect all Canadians. In a democracy we must debate bills, to allow elected representatives to suggest possible changes. Normally, these changes will improve the legislation. However, a balance is necessary.