House of Commons Hansard #229 of the 44th Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was offenders.

Topics

Questions on the Order PaperRoutine Proceedings

4:05 p.m.

Liberal

The Speaker Liberal Greg Fergus

Is that agreed?

Questions on the Order PaperRoutine Proceedings

4:05 p.m.

Some hon. members

Agreed.

Motions for PapersRoutine Proceedings

4:05 p.m.

Winnipeg South Manitoba

Liberal

Terry Duguid LiberalParliamentary Secretary to the Prime Minister and Special Advisor for Water

Mr. Speaker, I ask that all notices of motions for the production of papers be allowed to stand.

Motions for PapersRoutine Proceedings

4:05 p.m.

Liberal

The Speaker Liberal Greg Fergus

Is it agreed?

Motions for PapersRoutine Proceedings

4:05 p.m.

Some hon. members

Agreed.

Grocery PricesRequest for Emergency DebateRoutine Proceedings

4:05 p.m.

Liberal

The Speaker Liberal Greg Fergus

The Chair has notice of a request for an emergency debate from the hon. member for Thornhill.

Grocery PricesRequest for Emergency DebateRoutine Proceedings

4:05 p.m.

Conservative

Melissa Lantsman Conservative Thornhill, ON

Mr. Speaker, in September, the Prime Minister held a photo op, a stunt with grocery CEOs of all of the major chains. He said to Canadians, and this was a promise, that they wanted something that would be felt by Canadians by Thanksgiving. He was talking about lowering the price of Thanksgiving dinner.

We have not heard anything from the Prime Minister on that commitment to Canadians. The Prime Minister has broken his promise.

Thanksgiving is Monday, which is less than five days away, and we want answers. Therefore, we are requesting an emergency debate.

Speaker's RulingRequest for Emergency DebateRoutine Proceedings

4:10 p.m.

Liberal

The Speaker Liberal Greg Fergus

I sincerely thank the hon. member for Thornhill for her remarks, but I do not find that the request meets the exigencies of the Standing Orders at this time.

The House resumed from September 20 consideration of the motion that Bill S-12, An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act, be read the second time and referred to a committee.

Criminal CodeGovernment Orders

4:10 p.m.

Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, I will take this opportunity to congratulate you on your election as Speaker. I would also like to say that I will be splitting my time with the member for Langley—Aldergrove.

The last eight years have not been kind to Canadians, since the Liberal government took power, when it comes to safe streets, safe communities and crime. One only needs to look at the recent StatsCan release to see the drastic increase in crime in this country since 2015. The numbers are absolutely staggering. Total violent crimes are up 39%; homicides are up 43%, up for the fourth year in a row; gang-related homicides are up 108%; violent gun crimes are up 101%, up for the eighth year in a row; aggravated assaults are up 24%; assaults with a weapon are up 61%; sexual assaults are up 71%; and sex crimes against children are up 126%.

That is the context when we look at Bill S-12, an act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act. That is the context by which we, as parliamentarians, addressing the fear in our communities around crime, around keeping Canadians safe, around protecting victims, look at Bill S-12.

Bill S-12 is due to be passed at all stages by October 28. This is a deadline that was put in place by the Supreme Court, when it gave the government 365 days to get this done, in response to a Supreme Court decision. Yet, here we are, with just 24 days left, to make sure that the national sex offender registry continues to be a critical resource for police to investigate and to prevent crime.

The last time the Liberal government had a court-imposed deadline to respond to decisions, around medical assistance in dying, we ended up, tragically, with a bill that would expand medical assistance in dying to Canadians living with mental illness. The government waited too long and rushed through legislation. That is, again, what is happening here.

I am going to focus my speech on amendments to the Sex Offender Information Registration Act as opposed to changes in the publication bans that were brought forward by our Conservative-led justice committee study on the federal government's obligation to victims of crime.

What is the sex offender registry? Conservatives will always stand up for victims and victims' rights. That leads me to these amendments to the Sex Offender Information Registration Act. The act was established in 2004 to help Canadian police authorities investigate crimes of a sexual nature by requiring the registration of certain information on sex offenders. To help police services investigate crimes of a sexual nature, the sex offender registry contains information such as the address and telephone numbers of offenders, a description of their physical appearance, the nature of the offence committed, and the age and gender of victims, and their relationship to the offender.

At the time, enrolment on the registry was up to the discretion of a judge. That discretion led to significant problems. The public safety committee review of the implementation of the sex offender registry in 2009 found glaring issues. The committee found that only 50% of sex offenders were required to register their information. This was happening for a number of reasons. An official from the Department of Public Safety told the committee at the time that with the pressure of time or workload, Crown attorneys would forget to ask for the order. The committee was also told that the order application rate varies widely by province and by territory. One witness stated that the absence of an automatic inclusion on the registry for all offenders convicted of sexual crimes has led to the inconsistent application of the law across the country.

The committee recommended to the government that the automatic registration of sex offenders would fix these holes in the legislation. In order to be effective, the national registry must be enforced consistently across the country.

I was proud to be part of the Conservative government that passed the Protecting Victims From Sex Offenders Act, introduced in 2010. That legislation passed with the support of all parties. The bill broadened the purpose of the sex offender registry by adding the purpose of helping police prevent crimes of a sexual nature in addition to enabling them to investigate those crimes.

We made sensible changes to strengthen the sex offender registry. For instance, we made registration automatic for convicted sex offenders. Our legislation also added the obligation to report any person ordered to serve an intermittent or conditional sentence. This is even more important today than it was then, because Liberal Bill C-5 now allows conditional sentences for crimes like sexual assault and Liberal Bill C-75 now allows bail to become more easily obtained by individuals charged with serious offences.

Conservatives also brought in the requirement of registered sex offenders to report the name of their employer or the person who engages them on a volunteer basis or retains them, and the type of work they do. Police should be aware if a sex offender is spending any amount of time with or in proximity to potential victims. We made these sensible amendments to the Sex Offender Information Registration Act to protect victims and to prevent crime.

On October 28, 2022, a split decision, five to four, of the Supreme Court found that the mandatory and lifetime registration on the sex offender registry was unconstitutional. The Liberals have simply accepted this decision. We have urged them to respond as forcefully as possible, and Bill S-12 does fall short of that.

I want to read from the dissenting judgment. It was a very strong dissent, in which it says:

...the exercise of discretion was the very problem that prompted Parliament to amend the Criminal Code to provide for automatic registration of sex offenders under the Sex Offender Information Registration Act... The evidence is clear that even low risk sex offenders, relative to the general criminal population, pose a heightened risk to commit another sexual offence.

That heightened risk is, by some counts, eight times the likelihood of someone with a prior conviction to reoffend. That is why incorporating and improving as many offenders as possible in the sex offender registry is so very important. We have seen how this has played out before. When it was left simply to the judges to decide who needs to register with the registry, nearly 50% of offenders were never required to register. This is before we brought in mandatory registration.

Insanity is doing the same thing over and over and expecting different results. We can expect that individuals who certainly should be listed in the registry, even after the passage of Bill S-12, would be left out. We have to take every step to protect Canadians, to protect victims and to ensure that sex offenders are not given the opportunity to revictimize our communities.

After eight years of the Liberal government, the rate of violent crime is up 39%, police-reported sexual assaults are up 71% and sex crimes against children are up 126%. Canadians deserve so much better than this. I can think of no greater obligation for us as members of Parliament to enact laws that protect our communities and protect the safety of the most vulnerable. With legislation like Bill C-75 that has made bail so easy to get, legislation like Bill C-5 that has allowed for house arrest for sex offenders, Conservatives do not trust the government to take the necessary steps to protect Canadians. It has proven an inability to do that.

It is important that we pass Bill S-12, it is important that we respond to the Supreme Court decision and it is important that we go as far as possible to protect the most vulnerable. We look forward to the quick passage of this legislation. It is unfortunate that the government took so long to bring us to this point, but it is also important that we act expeditiously to protect Canadians.

Criminal CodeGovernment Orders

4:20 p.m.

NDP

Rachel Blaney NDP North Island—Powell River, BC

Mr. Speaker, the NDP did a lot of work with groups like My Voice, My Choice, which talked about the rights of victims and having a process that allowed them to retain their power while going through very difficult times.

I wonder if the member could talk a bit more about the study that was done at committee. It had a unanimous report that was supportive of recommendation 11 to amend section 486.4 of the Criminal Code to allow victims of sexual assault to opt out of the publication ban and take back their agency. This has been long advocated for by victims' rights advocates. I wonder if the member could talk about why this is important and if he will support this bill, because it does exactly that.

Criminal CodeGovernment Orders

4:20 p.m.

Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, I want to commend the work of My Voice, My Choice and its appearance at our justice committee.

As Conservatives, we initiated a study on the federal government's obligation to victims of crime. One of the many issues we heard around publication bans was about victims having the right to have their voice heard and taking back their agency, especially in the context of publication bans.

It was a unanimous finding of the committee that the government had been falling short on its obligation to victims of crime. We support measures that give a voice back to victims of crime. It is important that their voices be heard, and we support that every step of the way.

Criminal CodeGovernment Orders

4:20 p.m.

Bloc

Luc Desilets Bloc Rivière-des-Mille-Îles, QC

Mr. Speaker, the Bloc Québécois is very pleased with Bill S‑12. We are pleased with it because it puts the victims front and centre.

Does my Conservative colleague think that the government can and must interfere in parole decisions to move an inmate from a maximum security institution to a medium security institution? I am referring to the Paul Bernardo case, among others.

Is my colleague in favour of the government interfering in parole decisions?

Criminal CodeGovernment Orders

4:20 p.m.

Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, this legislation was a needed response to a Supreme Court decision, but I feel it could have gone further. It could have been tighter. There are a number of offences now that will not meet the threshold for inclusion in the registry, and there will be people who should have been included who will not be with the passage of this legislation.

Absolutely what happened with the issue around Bernardo's transfer is a travesty. It should have never happened. A witness came to us in our study on the government's obligation to victims of crime, and she said that in Canada we no longer have a justice system. We have a legal system, but not a justice system. I remember her words because I think of what happened with Bill C-75 to change our bail laws to create a revolving door that puts criminals back out on the streets. I think of the fact that Bill C-5 removed mandatory penalties for serious crimes against individuals. I also think of instances like the transfer that was put in place for Paul Bernardo. The government, by changing legislation, made that transfer inevitable. That is laid completely at the feet of the government. When it changed the law to put in a requirement that minimal holdings be implemented for each prisoner, it made that inevitable.

Absolutely we have a lot of work that needs to be done to protect our communities and to protect victims.

Criminal CodeGovernment Orders

4:25 p.m.

Liberal

Anthony Housefather Liberal Mount Royal, QC

Mr. Speaker, I thank the hon. member for his contributions on justice issues.

I think we all share the perspective that we want to make Canada safer and make sure that the rights of victims are protected, and I think the legislation goes a long way toward doing that. I wonder whether my hon. friend would be willing to share his reflections on the amendments that were made by the Senate and whether he generally agrees with them or has some concerns, as I do, with some of them.

Criminal CodeGovernment Orders

4:25 p.m.

Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, I welcome the hon. member to the justice committee. When we are seized with Bill C-21, we will look at those amendments, as I do share a concern around some of them.

It is one thing to say that we want Canadians to be safe. It is another thing to put in place the legislative measures to make sure that happens. I am committed to working with all parliamentarians, including the hon. member, to pass legislation that allows us to protect our streets, protect our communities and protect victims.

Criminal CodeGovernment Orders

4:25 p.m.

Conservative

The Deputy Speaker Conservative Chris d'Entremont

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Dufferin—Caledon, Carbon Pricing; the hon. member for Kitchener Centre, Electoral Reform; the hon. member for Mission—Matsqui—Fraser Canyon, Health.

Criminal CodeGovernment Orders

4:25 p.m.

Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Mr. Speaker, we are here today talking about a very uncomfortable topic: sexual crimes, the way we deal with offenders and the way we protect victims. We acknowledge as a society that sexual crimes are heinous or injurious and have long-lasting effects, sometimes for the rest of the life of the victim. We recognize that the majority of victims of sexual crimes are women and children. We also acknowledge as a society that, based on the data we have, many sexual offenders will reoffend.

The Liberal government under Prime Minister Martin back in 2004 brought in a new tool for law enforcement to give it investigative and preventative tools. The 2004 Sex Offender Information Registration Act created the national sex offender registry and gave the courts the power and authority to order that people convicted of a sexual crime have their name and further particulars added to this registry. It was intended to be an enforcement tool. It was not available to the public, only to police agencies. The bill passed through the House of Commons unanimously.

However, there was a problem with that legislation, as it left it to the discretion of judges to decide whether or not a person had to have their name added to the registry; it was not done automatically. Some more lenient judges felt that the sentence itself was enough punishment and that the offender did not have to have their name added to the registry. However, of course, the mistake there is that the registry was never intended as punishment but as an investigative and preventative tool. The result of leaving this to the discretion of the judges is that up to one-half of all convicted criminals did not have their names added to the national registry, which completely undermined the efficacy and usefulness of it as a tool. If half the data is missing, what good is the registry?

In 2011, the Harper government remedied that gap with legislation that would make registration to the national sex offender registry mandatory. The registration was to be tied to the duration of the sentence, and for people who were repeat offenders or who were charged with and convicted of more than one offence, it was a lifetime registration. That legislation passed unanimously.

Now fast-forward a decade to October 28, 2022, or 11 months and one week ago. In 2015, Eugene Ndhlovu was convicted of two counts of sexual assault and sentenced to six months in prison with three years of probation. His name was entered into the registry for life because of the two convictions. However, he challenged the validity of these two provisions of the Criminal Code, and the Alberta trial court agreed with him and declared those two provisions to be unconstitutional. The Alberta Court of Appeal reversed that decision, and it then went to the Supreme Court of Canada, which reinstated the original finding of the trial judge, with a declaration of invalidity.

It was a split five-four decision of the nine judges sitting on the Supreme Court of Canada. The majority had this to say about section 7 violations: “registration has a serious impact on the freedom of movement and of fundamental choices of people who are not at an increased risk of re-offending.” In other words, if even one person who was not a threat to public safety ended up on the registry because it was automatic, the whole regime was unconstitutional.

The minority of four judges took quite an opposite view. They said that the mandatory registration in the 2011 legislation “is appropriately tailored to its purpose of helping the police prevent and investigate sexual crimes”. They noted that the evidence before the trial judge was clear and that even low-risk sexual offenders, compared to the general prison population, posed a heightened risk of reoffending, at five to eight times more likely.

That was the data the SCC had. Based on that, the minority said this: “It is also clear that it cannot be reliably predicted at the time of sentencing which offenders will reoffend. In the face of that uncertain risk, Parliament was entitled to cast a wide net.” I am thankful to the Supreme Court minority for respecting and deferring to Parliament and the hard work we do in response to what we hear from the public.

It is often said that judicial review of legislation under the Canadian Charter of Rights and Freedoms is not undemocratic, in that it does not attack parliamentary supremacy. Rather, academic scholars say that the judicial review process is better viewed as a dialogue between Parliament, which makes the law, and the courts, which review the law. Sometimes, as in this recent Supreme Court of Canada case, it feels very much like one-way dialogue, with the courts speaking and Parliament listening and obeying.

It is unfortunate that the four judges in the minority could not have convinced at least one more to come over to pay deference to Parliament. However, here we are having to deal with the majority decision, and we need to respond to that. We need to fix the law. We have been given one year to do it.

That brings me to the bill that is before us, Bill S-12, which has already been through the Senate. The Minister of Justice presented this bill to the House last week, saying it is Parliament's response to that court's decision. In reply to a speech given by my colleague, the member for Kildonan—St. Paul, the Minister of Justice said, “we are enacting what we believe would be the strongest possible regime against sex offenders in compliance with the Supreme Court's [decision]”. In other words, our hands our tied and this is the best that we can do.

He might be right, but that leads me to another issue and that is the rush with which this is being pushed through Parliament. We have a deadline of October 28, which is 24 days from now or three and a half weeks, one week of which will be a constituency week. We will not even be here in Ottawa. How are we going to deal with such an important issue in that amount of time? It is urgent, of course, but we also have to get things right.

At committee yesterday, the Minister of Justice told us that social science supports the legislative intention of the drafters of this legislation. He might be right, but I would very much like to see that social science data. I would like to hear from experts in the field. I would ask the experts whether those convicted of a sexual offence are indeed five to eight times more likely to reoffend, as the minority had said in the Supreme Court decision.

Will there be time? This is important legislation, but it is also important that we get it right. We cannot miss the October 28 deadline, or the police will lose a very important investigative and preventative tool. If we are serious about being charter dialogue partners with the courts, this should have been before Parliament months ago. I blame the Liberal government for dragging its feet on this. It put us in this very difficult position.

Criminal CodeGovernment Orders

4:35 p.m.

Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Mr. Speaker, I would like to take this opportunity to make a brief announcement. The help centre for victims of sexual assault, or CALACS, in Longueuil helps women move forward following a sexual assault. The centre also works on prevention.

On October 15, I will be running 10 kilometres to raise money for CALACS, to help fund a prevention campaign in schools. CALACS staff want to go into high schools and CEGEPs to talk to young women and explain how to prevent this. I just wanted to make that brief announcement. I think it is important.

I have a question for my colleague. Unfortunately, women are still afraid of the justice system. In Quebec, it is estimated that only 5% of women who are victims of assault file a complaint. Even worse, out of 1,000 cases that do go to court, only three result in a conviction. That is appalling. The justice system is scaring women away. Even when cases do go to court, people are not convicted.

Does my colleague have any solutions to put forward?

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4:35 p.m.

Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Mr. Speaker, first of all, I am going to donate to the cause, so I thank the member for that. It was good work.

The member is absolutely right that the vast majority of victims of sexual assault are women. He is also absolutely right that, as the member for Fundy Royal said, witnesses have told us that the justice system is a legal system and not really a justice system. We heard from witnesses at committee in our victims-of-crime study that they feel like they are on trial. When they are giving evidence under cross-examination about the sexual assault that happened against them, they feel like they are on trial. That is unfair and needs to be fixed.

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4:35 p.m.

NDP

Bonita Zarrillo NDP Port Moody—Coquitlam, BC

Mr. Speaker, I know that the hon. member and I have an unfortunate situation in the Lower Mainland, which we represent, which is sextortion of children. Therefore, the timeliness of this could not be better, and it is important that we protect victims now to make sure that there are not victims in the future.

There was a study. The member said that they would like to see some data, but I understand that there was a study that came out of the justice and human rights committee, and that there was a unanimous recommendation, number 11 of that study, to amend section 486.4 of the Criminal Code to allow for victims of sexual assault to opt out of a publication ban and take back their agency. Given that this is an ask that has long been advocated by victims' rights groups, will my colleague in the Conservative Party vote to support the passing of this bill?

Criminal CodeGovernment Orders

4:35 p.m.

Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Mr. Speaker, there are good things in this bill. One of them is to give more voice to victims in publication bans, so we completely support that. However, we need to study the bill. It is too bad that it is going to be so rushed, but our committee is soon going to be seized with this topic. We have already started the investigation into the bill, and we will do the best that we can with it.

Criminal CodeGovernment Orders

October 4th, 2023 / 4:40 p.m.

Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Mr. Speaker, after eight years of the current Liberal government, sex crime has nearly doubled to 82.5%. I would like to remind my colleague of an incident that happened in Alberta on September 16, 2021. Michale Busch and her toddler son Noah McConnell were murdered by a sex offender who was in some strange way permitted, even though he was on the registry, to live anonymously and unknown in the apartment right next door in an apartment complex. They were killed on September 16, 2021 by that sex offender.

I would also like to remind him not only what the risk would be from the government's getting it wrong when it comes to the implementation of the sex offender registry, but also how important it is to get the legislation and the implementation right. This is about lives and about protecting people who are otherwise revictimized all the time. If we do not get it right, there are serious consequences.

Does my colleague have any suggestions for the government regarding what it should change when it comes to this legislation, or should the changes actually be in how it is implemented?

Criminal CodeGovernment Orders

4:40 p.m.

Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Mr. Speaker, it is a great question that would take a lot of conversation to fully answer, but it goes to show us how important the sex offender registry is. It is a very useful tool for the police. It is not perfect, but it is another tool.

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4:40 p.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Mr. Speaker, I am pleased to have the opportunity to rise and speak to Bill S-12, an act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act. I will be splitting my time.

This bill makes extensive changes to Canada's sexual assault legislation and the role of the national sex offender registry, or NSOR, particularly those sections of the Criminal Code that were struck down by the Supreme Court, which ruled that they were unconstitutional. These sections required the mandatory registration of anyone found guilty of a sexual offence on the sex offender registry and the registration for life of anyone who committed more than one sexual offence. The bill was introduced in the Senate, and it has made its way through to second reading here in this place.

After eight years under the Prime Minister, sex-related crime has nearly doubled. In 2021, under the current government, the rate of sexual assaults went up by 18% from the year prior. With this pressing public safety concern, it is more important than ever for Canadians to be safe and protected from sexual offenders.

The national sex offender registry plays a key role for law enforcement to stay up to date regarding convicted sex offenders across the country. It also allows proper tools of investigation if an offender reoffends.

Although this legislation is a step toward protecting victims and the public, it needs to be strengthened with amendments. We must consider the fundamental issue at the heart of this debate: the safety and security of our citizens. We believe that, to protect our most vulnerable people, all sex offenders, regardless of the specifics of their cases, must be listed on the national sex offender registry.

Historically, the Conservative Party has taken a strong position regarding sentencing and enforcement related to sexual crimes. Our previous Conservative government introduced and passed Bill S-2, making it mandatory for those convicted of any sexual offence to be placed on the registry and for those convicted of two or more sexual crimes to be registered on the offender's list for life.

This was a significant change from the Sex Offender Information Registration Act, or SOIRA, put in place by the Liberal government under Paul Martin, in that enrolment on the registry was no longer at the discretion of the judge. This change was made to address concerns at that time that the registry's effectiveness was being compromised, given that nearly half of all convicted sex offenders were excluded.

At that time, the bill garnered support from all parties, enhancing public safety across Canada. Last year, the Supreme Court struck down the law in the Ndhlovu case ruling, deeming it unconstitutional.

In 2015, Eugene Ndhlovu pleaded guilty to two counts of sexual assault against two women, which took place at a house party in Edmonton in 2011. Prior to the ruling, with Harper’s bill, Ndhlovu was automatically registered on the national sex offender registry for life.

After the Supreme Court deemed the ruling unconstitutional, he was dropped from the list. The courts gave the government one year to change the affected provisions. That was a year ago, and the deadline, which is the end of October, is fast approaching.

Sexual violence is a heinous and degrading form of violence that has devastating impacts on the victims. More specifically, we know that sexual assault is a gendered crime, with the majority of sexual crimes being committed against women and girls.

It seems to me that a so-called feminist government would have acted quickly in response to the Supreme Court's ruling. However, the Liberal government continued to drag its heels when protection for vulnerable victims was needed the most.

It no longer comes as a surprise, though, that we see the Liberal government repeatedly fail to act on measures of public safety. For example, and most notably, the Prime Minister did absolutely nothing to reverse the decision to transfer one of the worst serial killers in Canadian history, Paul Bernardo, to a lower-security prison.

If this legislation is not passed before the affected provisions expire, this could open the possibility of sex offenders escaping registration, all thanks to the Liberal government's incompetence. Unregistered sex offenders would not have to report annually to registration centres or declare changes in their residence, leaving the surrounding residents in the dark. Without proper identifiable provisions for previous sex offenders, they would be able to go back to life as normal. Survivors of these crimes would suffer as they live in fear, knowing their abusers are not being held accountable.

Conservatives believe all sex offenders must be listed on the NSOR and will work to ensure mandatory registration is in place for as many individuals convicted of sexual offences as possible. Four justices of the Supreme Court agree with our position, highlighting the pressing public safety concern that justifies this move.

In their dissent on the Ndhlovu case, they stated that the law was constitutional and accused the majority of cherry-picking examples to rationalize their flawed reasoning. In their minority written opinion, they stated, “The evidence is clear that even low risk sex offenders, relative to the general criminal population, pose a heightened risk to commit another sexual offence.”

The previous system of judicial discretion, which was brought in 2004, already showed it was tremendously flawed, with data resulting in up to 50% of sex offenders staying off the registry.

Based on these justices' expert opinion, we recognize this is a pressing public safety concern, but our concerns extend beyond mandatory registration. There are other aspects of Bill S-12 that require careful consideration and potential amendments.

As my colleague from Kildonan—St. Paul highlighted in her excellent speech, while there are some cases or circumstances where enrolment on the NSOR would be automatic, those that would be discretionary include, but are not limited to, sexual assault with a weapon, sexual exploitation of a person with a disability and aggravated sexual assault with the use of a firearm. Knowing there will be cases such as these that would not be automatically added, but would be discretionary, is deeply concerning given that the system, prior to 2011, resulted in up to half of sex offenders never being registered.

Furthermore, while the costs associated with increased sex offender registration may be negligible, we must also allocate the necessary resources to support law enforcement agencies in effectively monitoring and managing the registry.

In conclusion, Bill S-12 represents a significant step forward in responding to the Supreme Court's ruling and improving the criminal justice system's responsiveness to the needs of victims. However, it falls short on what is necessary to protect our communities adequately.

The Conservative Party of Canada believes all sex offenders must be listed on the national sex offender registry. The safety of our citizens, particularly women and children, who are disproportionately victimized by sexual offenders, must be our top priority.

I look forward to this bill going to committee, where I am sure all members will work together to strengthen Bill S-12 so victims of sexual crimes can have confidence in our justice system and to ensure the safety of our communities. Only through collective effort can we ensure our justice system serves the best interests of all Canadians.