Mr. Speaker, I am interested in speaking to Motion No. 221, which states:
That, in the opinion of the House, the government should restrict sexual activity between adolescents and adults by amending the Criminal Code to change the age of consent from 14 to 16 years of age.
The motion, sponsored by my colleague from Fleetwood—Port Kells, is a very important for the protection of Canada's young people. Canada's justice minister has legislation relating to issues like the age of sexual consent currently in the parliamentary system, Bill C-2. However, his legislation does not protect a very vulnerable category of young people between 14 and 16 years of age. As has been noted by my colleague from Fleetwood--Port Kells, the federal Liberals are prepared to leave the 14 and 16 year olds within the grasp of sexual predators.
The member has commented that young people at these ages can easily become targets of pornographers, pedophiles and Internet sex scams and that those children's parents are horrified to learn that Canadian law fails to provide them with legal recourse.
As member of Parliament for Kootenay—Columbia, my interest in speaking to Motion No. 221 relates to a polygamist sect in an area called Bountiful within my constituency. I have always made my position clear publicly and privately that I do not support the practice of polygamy and I am fully supportive of the current laws against the practice of polygamy.
However, there is a concern on the part of the attorney general of the province of British Columbia, who is responsible for prosecutions within our province, that the current law on polygamy would not withstand a charter challenge. It is important for Canadians to respect the laws of our great nation and realize that whether people live in Coquitlam or Creston, Burnaby or Bountiful, that all residents in Canada must have laws applied equally.
Further, laws must be made for all Canadians and for the good of all Canadians. Laws for exceptions invariably create unintended consequences. If all Canadians must be equal, then all laws for Canadians must be equal and the enforcement of the law must be equal.
It is important that children across Canada are protected between the ages of 14 and 16 and this includes the colony of Bountiful. I note that women representing the Bountiful community have called on the government to raise the age of consent from 14 to 16. To be clear, a law that could be applied in Bountiful must also be equally applied in Burnaby.
As stated by the member for Fleetwood—Port Kells, young people at 14 years of age do not have the maturity to make responsible decisions in regard to sexual activities with adults. In most democratic jurisdictions that include the United Kingdom, Australia, most American states and European countries, adults are prohibited from having sexual relations with children less than 16 or even 17 years of age. However, in Canada, a child may legally consent to sex with an adult when they reach age 14. Our laws excuse criminal responsibility where the victim is as young as 12 if the adult believes the child to be 14.
In this case, 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.
I restate, in the judgment of the Attorney General of the province of B.C., the polygamy law that people wish applied in the polygamist colony of Bountiful is unenforceable because of Canada's Charter of Rights and Freedoms.
Until the polygamy law is enforceable, it is imperative that we do what we can to protect those between the ages of 14 and 16. Neither the existing Canadian law nor the proposals in Bill C-2 effectively address the sexual exploitation of children under the age of 16 by adults. By raising the age of consent, the law can truly protect children. This motion is not the answer, but may be a small part of working toward ensuring the protection of 14 and 16 year olds.
It is distressing that the federal government is not supportive of the motion, not only because of the Bountiful issue, but because it is the right thing to do. The clear message to society is that all adult sexual activity with vulnerable youngsters will not be tolerated.