Mr. Speaker, I rise today to speak on Bill C-20, an act to amend the Criminal Code regarding the protection of children and other vulnerable persons, and the Canada Evidence Act.
Bill C-20 proposes a broad package of criminal law reforms that seek to better protect children against sexual exploitation, abuse and neglect. It proposes reforms that will facilitate testimony by child victims and witnesses and other vulnerable victims and witnesses in criminal justice proceedings. It also proposes the creation of a new offence of voyeurism, and all the details are available in the information made available to members of the House.
I will speak strictly to the specifics of the amendments. I am not going to speak to things that we would wish were in the amendments because that would just lead to more contention, controversy, and a lot of difficult feelings and challenging situations among the various members. That is not very useful, so I would like to focus my comments on the proposed amendments relating to child pornography, as my job has to do with children. It is an issue which regrettably is not a new area of concern for all hon. members. It is ongoing and it is extremely sad that our society as a whole has to confront this, challenge it and attempt in every way possible to right this situation with our children.
The sexual exploitation of children, society's most vulnerable group, in any form, including child pornography, is to be condemned without any rationalization, absolutely condemned. Bill C-20 recognizes this and proposes amendments to our existing child pornography provisions that I believe will serve to better protect children against this form of sexual exploitation.
There are other forms of abuse of children that are perpetrated, where children are prevailed upon, such as child prostitution and sexual abuse, whether it be in the home or in any institution, by caregivers, teachers or any other member of society. Human smuggling and child smuggling have a lot to do with this issue as well. If we look at the whole commercial sexual exploitation of children in an international sense, we will see that it is pervasive and difficult. We challenge issues regarding child prostitution and we get technology merging with a whole new array of issues that we have to try to control, such as pornography through the Internet. We challenge that. We have made some progress. There is also human smuggling, another emerging issue in the sexual exploitation of children. It is ongoing. It is difficult. Those things that should work for us as a society, to make a better society, in a sense begin to work against us and against children because of the minds of those perpetrators whose intent is the exploitation of children and the most vulnerable in our society.
Bill C-20's child pornography amendments respond in a very direct and meaningful way to issues highlighted by the March 2002 case involving Robin Sharpe. We are all aware of the sad details of this case, of the absolutely abhorrent attitude displayed by this individual and his total disregard for his fellow human beings, especially children.
First, Bill C-20 proposes to broaden the definition of written child pornography. Currently, written child pornography is defined as written material that “advocates or counsels” sexual activity with a young person under the age of 18 years, which would be an offence under the Criminal Code. In its January 2001 decision in the Sharpe case, the Supreme Court of Canada interpreted the existing definition and its requirement that written material “advocate and counsel” as meaning material that when objectively viewed actively induces or encourages the commission of a sexual offence against a child.
I am sounding technical because the law is technical. These components and these amendments are technical. This is a human issue, but when we are dealing with the complexities of law making and amending legislation, this is the way it is. We cannot wish it away by just taking a simplistic approach. It does not happen that way.
Bill C-20 proposes to broaden the definition to also include written material that describes prohibited sexual activity with a child where the written description of the activity is the dominant characteristic of the material and the written description is done for a sexual purpose. Intent and depiction play heavily in the broadening of this definition. This proposed amendment recognizes the risk of harm that such material can pose to society by portraying children as a class of objects for sexual exploitation.
Bill C-20 also proposes to amend the existing defences for child pornography. Currently, the Criminal Code provides a defence, which is inconceivable, but it does that, as that is the law, for material that has artistic merit or an educational, scientific or medical purpose. On a personal level, I just cannot even conceive of it, but that is the way it is. I am not a lawyer. I am not a judge. I am a legislator.
It also makes the public good defence available for all child pornography offences. This is an extremely contentious, controversial and sensitive part of the Criminal Code, on which no doubt everyone has an opinion or a bias. Everyone knows that in any way they deal with it does not mean that they condone child pornography, absolutely not.
Bill C-20 proposes to merge these two defences into one defence of public good. By doing so, Bill C-20 introduces an important new second step in the analysis of when a defence to a child pornography offence would be available.
I cannot even imagine that if we cannot even define it, although we can define it, as my colleague has done, in a minimal way, if we cannot even define what a defence of public good is, that there would be any instance in which a defence would be allowed. So just on that point I think that there is a lot of room for defending children with the amendments that we have put forward, and legislation can always be amended and perfected. That is what our role is here in the House.
Under Bill C-20, a court would be required to consider whether the act or material in question serves the public good. If it does serve the public good, then a court must also consider whether the act or material goes beyond what serves the public good. If it exceeds the public good, no defence will be available. I would weigh heavily on the side of the children; if it is even perceived in any way that children would be affected and those people who are vulnerable would be affected, no defence will be available.
This proposed amendment builds upon the Supreme Court of Canada decision in the Sharpe case. In its decision, the Supreme Court acknowledged that something that is necessary to the administration of justice or the pursuit of science, literature or art, for example, may serve the public good. Under the existing defence of artistic merit, artwork or material that had any objectively established artistic value benefited from the defence.
Under Bill C-20, this is not the end of the analysis. Even if something is found to serve the public good, and that should be understood, the court must then consider whether it goes beyond what serves the public good. In other words, does the risk of harm posed by the act or material in question exceed the public good or interest that it serves? This is a kind of second review.
Bill C-20's proposed child pornography amendments are significant. Canada's child pornography laws are among the toughest in the world. They do not suit everyone, and not everyone will be happy or satisfied, but it is a work in progress. We all love our children, we all value them and we are working on it. The adoption of Bill C-20's amendments will reaffirm this leadership role in protecting children from sexual exploitation through child pornography.
I hope that all members can support these amendments because, as I indicated, they are very specific. They are not to be confused with other things we would like to see happen. This very specifically relates to child pornography and very specifically relates to providing protection that is not there now, so I am hoping that we will have support from others. There are other issues and we will continue to battle to provide protection for children and other vulnerable persons in our society.