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Crucial Fact

  • His favourite word was mentioned.

Last in Parliament October 2015, as Conservative MP for Mississauga—Erindale (Ontario)

Lost his last election, in 2015, with 39% of the vote.

Statements in the House

Protecting Children from Sexual Predators Act December 3rd, 2010

Mr. Speaker, I thank the hon. member for his question and the statement he made earlier today on Bill C-22 that all hon. members agree and have an interest in making our laws more restrictive to ensure that no child is ever sexually abused in Canada.

With respect to his specific question, I can assure him that the department did look at the way the definitions of child pornography mesh with the provisions of material to a child for the purposes of grooming the child for sexual abuse. It is the view of the government and the department that both will withstand any charter challenge.

Protecting Children from Sexual Predators Act December 3rd, 2010

Mr. Speaker, I am very pleased to commence second reading debate on Bill C-54, An Act to amend the Criminal Code (sexual offences against children), also known as the protecting children from sexual predators act.

Bill C-54 fulfills the 2010 Speech from the Throne commitment to increase the penalties for child sexual offences. It builds on other concrete measures already taken by this government to tackle violent crime and in particular safeguard children against sexual offenders.

For example, the Tackling Violent Crime Act of 2008 raised the age of consent to sexual activity from 14 to 16 years to better protect Canadian youth against adult sexual predators. This same act also provided all Canadians with better protection against dangerous offenders by providing police, crown prosecutors and the courts which much needed tools to more effectively manage the threat posed by individuals at very high risk to reoffend sexually and violently.

In addition to reflecting the government's unwavering commitment to tackle violent crime, Bill C-54 addresses something that is near and dear to the hearts of all Canadians, namely the protection of our children against sexual predators.

There are many issues on which parliamentarians may disagree but the protection of children against sexual exploitation should never be one of them.

The proposals in Bill C-54 have two objectives: one, to ensure that all forms of child sexual abuse irrespective of how they are charged are always treated as serious offences for sentencing purposes; and two, to prevent the commission of sexual offences against a child.

Currently an individual who commits sexual abuse and exploitation of a child victim can be charged and prosecuted under either child specific sexual offences or under general sexual offences that apply equally to adult and child victims. In deciding how to proceed, police and crown prosecutors take many factors into consideration, including the facts and circumstances of the case and which offence best applies to those facts and circumstances, including the intended penalty for the possible offences.

The penalties that are imposed for child specific sexual offences differ significantly from those imposed for the general sexual offences in one key respect. Twelve of the child sexual offences carry mandatory minimum penalties, whereas none of the general offences impose any mandatory minimum penalties. No less troubling, not all child specific sexual offences carry minimum penalties.

Bill C-54 proposes to change this to ensure that mandatory minimum penalties apply in all sexual assaults where the victim is a child. Some may think that this discrepancy is relevant in practice, perhaps thinking that the majority of child sexual assaults are charged under the child specific offences and therefore are subject to mandatory minimum penalties. Sadly, this is not the case.

In 2008, 80% of all sexual assaults of children reported to police were charged under the general sexual assault offence in section 271 of the Criminal Code, sometimes referred to as a level one sexual assault; 19% were charged under one of the child specific or other sexual offences, such as for example section 151, sexual interference; and the remaining 1% were charged under the two most serious general sexual assault offences, levels two and three sexual assault, namely sexual assault with a weapon, threats to a third party or causing bodily harm under section 272, and aggravated sexual assault under section 273.

From a sentencing perspective, this means in 81% all sexual assault cases involving child victims in 2008, there was no mandatory minimum sentence.

I recognize there are some who will say that this does not matter because irrespective of the starting point, the sentence ultimately imposed must reflect the facts and circumstances of each case and must always denounce and deter child sexual abuse.

In our view, that is simply not good enough. This government and the majority of Canadians take the position that the deterrence and denunciation of the sexual exploitation of children must be strong and it must be consistently reflected in the sentences imposed in all of these cases. This means that the starting point for any sentence calculation must be a sentence of imprisonment and not a conditional sentence of imprisonment or house arrest as it is sometimes called.

This is the first thing that Bill C-54 proposes to do to ensure consistency. It proposes to impose a mandatory minimum penalty in all sexual offences where the victim is a child. Bill C-54 proposes to add mandatory minimum penalties to seven offences that do not currently impose mandatory minimum penalties.

I apologize to those who are listening, but the content is not the type of thing that anyone really wants to talk about. These offences are: section 155, incest; subsection 160(3), bestiality in the presence of or by a child; section 172.1, Internet luring of a child; section 173(2), exposure to a person under 16 years; section 271, sexual assault where the victim is under 16 years of age; section 272, sexual assault with a weapon, threats or causing bodily harm where the victim is under 16 years of age; and section 273, aggravated sexual assault where the victim is under 16 years of age. It is unfortunate that we even have to contemplate these things.

The second thing that Bill C-54 sentencing reforms would do is ensure that the mandatory minimum penalties, MMPs, imposed are commensurate for each offence and consistent with other offences.

Take for example the child-specific offence of invitation to sexual touching in section 152 of the Criminal Code. It is a hybrid or dual procedure offence. When proceeded with summarily, the offence carries an MMP of 14 days and a maximum of 18 months. On indictment it carries an MMP of 45 days and a maximum of 10 years. Clearly, these MMPs do not adequately reflect the correct starting point for calculating the sentence for that offence.

The MMPs for sexual touching are also inconsistent with those provided in other offences, such as making child pornography in section 163.1(2), which carries an MMP of 90 days and a maximum of 18 months on summary conviction, and an MMP of one year and a maximum of 10 years on indictment.

Accordingly, Bill C-54 would impose higher MMPs for seven existing child-specific sexual offences: section 151, sexual interference; section 152, invitation to sexual touching; section 153, sexual exploitation; subsection 163.1(4), possession of child pornography; subsection 163.1(4.1), accessing child pornography; paragraph 170(b), parent or guardian procuring unlawful sexual activity with a child under 16 or 17 years; and paragraph 171(b), householder permitting unlawful sexual activity with a child age 16 or 17 years.

As an example, for the offence of sexual interference in section 151, where the maximum penalty on indictment is 10 years, the proposed MMP would be increased from 45 days to one year of imprisonment. For the offence of possessing child pornography under subsection 163.1(4) where the maximum penalty on indictment is five years, the proposed MMP would be increased from 45 days to six months' imprisonment. On summary conviction for the same offences and for which the maximum penalty is 18 months' imprisonment, the proposed MMP would be increased from 14 to 90 days.

Bill C-54 also seeks to prevent the commission of a sexual assault against a child. It does so through two types of reforms: through the creation of two new offences and by requiring courts to consider imposing conditions prohibiting convicted or suspected child sex offenders from engaging in conduct that may facilitate their offending.

Many child sex offenders engage in practices that will facilitate their offending. For example, they may seek out occupations or recreational activities that put them in close contact with children. They may befriend children who they perceive to be in need of friendship or even financial help and then exploit that friendship by engaging in unlawful sexual activity with the child. They may provide the child with aids, such as sexually explicit materials to lower their sexual inhibitions, or they may make arrangements with another person that will result in the commission of a sexual offence against a child.

Bill C-54 proposes to better address this preparatory conduct by creating two new offences. The first offence would prohibit a person from making sexually explicit material available to a young person for the purpose of facilitating the commission of a sexual or abduction offence against the young person. Child sex offenders often give such material to their victims to lower their sexual inhibitions and/or to show them the conduct they want the child victim to engage in, or to make the child believe that other children do this too.

It is already an offence to provide such material for any purpose where it constitutes child pornography. Bill C-54 would make it an offence to provide other sexually explicit material to a young person for this purpose. The offence would apply to transmitting, making available, distributing or selling such material to a young person for this purpose and would apply whether it is provided directly in a face-to-face encounter or over the Internet.

Bill C-54 proposes a clear definition of “sexually explicit material”, a definition that is consistent with its use and interpretation in the child pornography section 163.1 of the code, and voyeurism section 162 offences. The proposed new offence would clearly only apply when the material is provided for the purpose of facilitating the commission of an enumerated sexual or abduction offence against that child.

This “for the purpose” criteria is used in the existing Internet luring of a child offence in section 172.1, and was recently interpreted by the Supreme Court of Canada, in the R. v. Legare decision of 2009 as applying to preparatory conduct that helps to bring about, or make it easier or more probable for the young person to participate in the prohibited conduct. The proposed new offence would be subject to mandatory minimum penalties and a maximum penalty of six months' imprisonment on summary conviction, and two years' imprisonment on indictment.

The second new offence proposed by Bill C-54 would prohibit using telecommunications, such as the Internet, to agree or make arrangements with another person to commit one of the enumerated sexual or abduction offences against a child. This offence was previously included in Bill C-46, the investigative powers for the 21st century bill, that the Minister of Justice had introduced in the previous session of Parliament and that died on the order paper on prorogation.

In addition to the new MMP and a more accurate marginal note or title for this proposed offence, it has also been modified from the former Bill C-46 version to ensure consistency with the other new offence being proposed by Bill C-54, and with the existing luring a child offence of section 172.1, all of which follow a similar approach.

For example, the listing of offences in each of these three offences will now all be consistent. Similarly, all three offences would be added to the child sex tourism provision in subsection 7(4.1), which would provide extraterritorial jurisdiction for a Canadian prosecution of a Canadian citizen or permanent resident who engages in one of the enumerated child sexual offences while abroad.

Coordinating amendments with Bill S-2, the protecting victims from sex offenders bill, are also proposed to ensure consistent treatment of these offences for the purposes of the Sex Offender Information Registration Act, and DNA provisions in the Criminal Code.

This proposed new offence would fill a gap in our existing law. Currently the existing prohibition against the Internet luring of a child, in section 172.1, applies to communications between the offender and the child. This new offence would apply to communications between, for example, two adults who arrange or make an agreement that would in essence result in the sexual assault of a child. The new offence would better address this preparatory conduct and help to prevent the commission of the actual sexual assault against a child.

Bill C-54 also seeks to prevent convicted or suspected child sex offenders from having the opportunity to facilitate their offending. Finding access to a child or the opportunity to be alone with a child is a key for many child sex offenders. An increasing number of child sex offenders also use the Internet and other new technologies to facilitate the grooming of victims or to commit other child sex offences.

Currently, section 161 of the Criminal Code requires a sentencing court, at the time of sentencing a person convicted of committing one of the enumerated child sexual or abduction offences, to consider imposing a prohibition against the offender from frequenting places where children can reasonably be expected to be found, such as a playground or schoolyard, or from seeking or holding paid or volunteer positions of trust or authority over children, or from using a computer system for the purposes of communicating with a young person.

Section 810.1 of the code provides a comparable direction vis-à-vis conditions that could be imposed as part of a recognizance or peace bond against a person who is reasonably believed to be at risk of committing one of the enumerated child sex or abduction offences.

Bill C-54 proposes to expand the list of enumerated child sex offences to include four procuring offences. It would also broaden the list of prohibitions by directing a court to consider prohibiting the person from having any unsupervised access to a child under the age of 16 years, or from having any unsupervised use of the Internet. The objective of these conditions is to prevent the suspected or convicted child sex offender from being provided with the opportunity to sexually offend against a child or to use the Internet to facilitate such offending.

In summary, Bill C-54 builds upon numerous past and current legislative reforms and initiatives to better protect all children against sexual abuse and exploitation.

It proposes sentencing reforms to ensure that all sexual assaults against a child victim are equally and strongly denounced and deterred through consistent and coherent mandatory minimum sentences. It also proposes reforms to prevent the commission of sexual assault against children.

I hope that all hon. members will support the expeditious enactment of these reforms to provide children with the protection they need and deserve.

Community Association for Riding for the Disabled December 1st, 2010

Mr. Speaker, I rise today to bring attention to CARD, the Community Association for Riding for the Disabled.

The therapeutic benefits of horse riding for those with disabilities have been recognized for over 3,000 years. Therapeutic riding and other safe, purposeful and supervised interaction with horses is medically recognized to benefit children and adults with almost any cognitive, physical or emotional disability. These riders gain meaning, joy and an immense sense of empowerment from their interaction with horses.

CARD is supported by the dedication and commitment of many volunteers. One such volunteer is Barbara Fogler. Barbara is an award-winning dressage rider, supporter of the Canadian Olympic equestrian team and webmaster of barnmice.com.

I would like to congratulate Barbara Fogler and the hundreds of other volunteers who have spent many hours assisting with the Community Association for Riding for the Disabled.

Justice November 18th, 2010

Mr. Speaker, I want to thank my hon. colleague for the very fine work he does as chair of the Standing Committee on Justice and Human Rights.

I am pleased to report that just a few minutes ago, Bill S-9 received royal assent. Once this new law comes into force, law enforcement and the courts will have better tools to tackle auto theft and the entire range of activities involved in the trafficking of all types of stolen and fraudulently obtained property. This is just one example of how our Conservative government continues to deliver for victims and law-abiding citizens in this country.

Protecting Children from Online Sexual Exploitation Act November 15th, 2010

Mr. Speaker, in her remarks, the hon. member mentioned cybertip.ca. I wonder if she has had an opportunity to read the report that the Canadian Centre for Child Protection presented to the committee when this bill was before the committee and the statements made by the executive director, Ms. McDonald, at the committee. I take it from what she said that she has not because, if she had, she would know that we asked her directly why she used the term online sexual exploitation of children and not simply child pornography. She made a very good and fulsome argument about how the material itself leads to the exploitation of children. She said:

This bill is about more than just restricting a picture. This bill is about putting in place criminal provisions and sanctions against people who use this material and who therefore may actually be abusing the children in order to create this material. We want to be able to use this legislation to rescue children who can be identified by the images that are disseminated on the Internet. We want to be able to prevent other children who have not yet been abused from being abused, because the people who get this material, who see other children being abused, might get the idea that maybe somehow that's okay. That's what this is about. ... For the life of me, I can't understand why any reasonable person would object to that.

Protecting Children from Online Sexual Exploitation Act November 15th, 2010

Mr. Speaker, the hon. member does not need to be concerned. This bill only requires Internet service providers to report child sexual exploitative material that is brought to their attention. They are not required to go out searching for it. When somebody reports it to them, they report it to the authorities.

In addition to that, I can assure the member that our police and law enforcement officials across Canada are constantly searching the Internet, looking for this material. In fact, the Centre for Child Protection is doing likewise. There are a number of agencies that constantly look through all the material available on the Internet and determine whether any of it constitutes child pornography and would put children at risk.

We think the combination of law enforcement activity and this requirement to report will make children safer in Canada and around the world.

Protecting Children from Online Sexual Exploitation Act November 15th, 2010

Mr. Speaker, as the member knows, because he was in committee, there was no debate on the attempt by the opposition to delete the short title. This bill addresses the sexual exploitation of children on the Internet. Representatives from the Canadian Centre for Child Protection were present the day committee met to debate the bill. In fact, they submitted a report in which they stated that in running the website cybertip.ca they examine what is on the Internet and take steps to protect children from online sexual exploitation.

Justice must not only be done; it must also be seen to be done. We believe that the people of Canada need to know that this legislation has been passed and that there is now a positive duty on Internet service providers to report sexually exploitive material that comes to their attention. We want everyone to know that. That is why this title is so important to the bill.

Protecting Children from Online Sexual Exploitation Act November 15th, 2010

moved:

Motion No. 1

That Bill C-22 be amended by restoring Clause 1 as follows:

“1. This Act may be cited as the Protecting Children from Online Sexual Exploitation Act.”

Mr. Speaker, I would like to restore the short title of the bill to its original form: the Protecting Children from Online Sexual Exploitation Act.

At committee it was ruled by the chair that a motion to amend clause 1 was out of order and therefore the motion was not debated. This, I believe, resulted in the rejection of this clause. If there had been the opportunity to debate the importance of the short title, the following could have been noted:

Bill C-22 requires the mandatory reporting of child pornography by providers of Internet services. This will enhance Canada's capacity to better protect children from online sexual exploitation, period. I emphasize this is not to limit the bill's scope, but to underline the importance of the bill and its breadth.

The committee heard from the Minister of Justice and Ms. Lianna McDonald, the executive director of the Canadian Centre for Child Protection. Both emphasized the potential effects of this legislation and how it will protect children from online sexual exploitation.

It will do so in a number of ways. First, it will strengthen our ability to detect potential child pornography material. Second, reports generated under the bill will help block child pornography sites through Project Cleanfeed Canada. Third, the bill will facilitate the identification, apprehension, and prosecution of child pornography offenders. Fourth, and most important, the bill could help to identify the victims so that they may be rescued from sexual predators.

That is why the government had proposed the Protecting Children from Online Sexual Exploitation Act as a short title for Bill C-22. This is clearly the ultimate objective of the bill, and the short title should be restored.

I am pleased to note that this important bill received all-party support and was improved with only two minor amendments for clarification.

Before I get to the specific amendments, I would like to say a few words generally about this piece of legislation and its purpose. I think everyone in the House would agree that there is no greater duty for us as elected officials than to ensure the protection of children, the most precious and vulnerable members of our society.

The creation of the Internet and the World Wide Web have provided new means for offenders to distribute and consume child pornography, resulting in a significant increase in the availability and volume of child pornography.

While Canada has one of the world's most comprehensive criminal law frameworks with which to combat child pornography, we can and must do better in protecting children from sexual exploitation.

The bill is a simple and straightforward approach to help achieve that goal in that it proposes to compel providers of Internet services to become active participants in the fight against child pornography and child sexual exploitation.

Bill C-22 will strengthen Canada's ability to detect potential child pornography offences; help reduce the availability of online child pornography; facilitate the identification, apprehension, and prosecution of offenders; and, most important, help identify the victims so they may be rescued from sexual predators.

It is my hope that reducing the amount of this vile material on the Internet will prevent other children from being abused, both in Canada and around the world.

I will now turn back to the committee proceedings and the amendments that were passed. Both amendments were for clarification and do not change the substance of the bill. The first change relates to the definitions and the definition of “Internet service” in particular. There was some concern that the enumeration of the services covered under the bill could be interpreted in a manner that would put the average citizen under a duty to report. However remote this interpretation may have been, the committee agreed that it should seize the opportunity to make the definition of “Internet service” crystal clear and consistent with the French definition.

The second amendment relates to the provision concerning laws of provincial or foreign jurisdictions. In essence, Bill C-22 imposes two duties on those who provide an Internet service to the public.

First, providers are required to report to a designated agency Internet tips that they might receive regarding websites where child pornography may be available to the public.

Second, if a provider has reason to believe that a child pornography offence has been committed using its Internet service, the provider is required to notify police and to preserve that evidence for 21 days.

The purpose of Bill C-22 is to ensure that service providers report child pornography that comes to their attention. Therefore, if the service provider has reported the child pornography incident under a similar duty, under either a provincial law or a law in a foreign jurisdiction, it has complied with the objective of the legislation, and, through this provision, with the legislation itself.

The intention of Bill C-22, however, was not to duplicate reporting to a designated agency where a service provider has already reported the same incident in accordance with the laws of a province or a foreign jurisdiction. In other words, the provision relieves a service provider of its duty to report under the proposed legislation if it has already reported the same incident under the legislation of another jurisdiction.

However, the committee was concerned that the provision related to more than just the reporting duty and could be interpreted as relating to the duty to notify. The duty to notify police arises when a service provider has a reasonable belief that a child pornography offence may have been committed on its system. Accompanying this duty to notify police is the duty to safeguard computer data that may result in evidence of the offence. This jurisdiction provision was never intended to relieve service providers of their duty to notify or preserve evidence. Therefore, the committee took the opportunity to clarify the issue and make specific reference to the section number relating to the duty to report.

Those were the two amendments made in committee, but I would like to touch on some important testimony that was given during the committee study of Bill C-22. The committee heard from representatives from the Canadian Centre for Child Protection, which operates cybertip.ca, Canada's national 24/7 tip line for reporting the sexual exploitation of children on the Internet.

At present, most reporting of child pornography across Canada is done through cybertip.ca or, in French, cyberaide.ca. Within 48 hours, cybertip.ca reviews, prioritizes, and analyzes every report it receives. Cybertip.ca verifies the report by collecting supporting information using various Internet tools and techniques. It also identifies the location of the material in order to determine the appropriate jurisdiction. If the material is assessed to be potentially illegal, a report is referred to the appropriate law enforcement agency for follow-up and investigation.

Each month cybertip.ca receives an average of over 800,000 hits and triages over 700 reports. Approximately 45% of reports are forwarded to law enforcement. As of June 2009, cybertip.ca had triaged over 33,000 reports since becoming Canada's national tip line in 2002. Over this period, more than 90% of the reports received by cybertip.ca were related to child pornography. At least 30 arrests have resulted from these reports, approximately 3,000 websites have been shut down, and, most important, children have been removed from abusive environments.

Finally, I would like to note that Bill C-22 was crafted with the following overarching principle in mind: that the legislation should not contribute to the consumption or further dissemination of child pornography. I submit that it has adhered to this principle. It is a simple bill that can do much good without unduly affecting the business practices of those who are compelled to comply. It strikes the necessary balance between public safety and the privacy rights. It is also another example of how this government has made the safety and security of Canadian children a top priority.

I urge the House to give its full support to this bill, as amended, so that it can be referred to the Senate and we can adopt this important piece of legislation without delay.

October 26th, 2010

Mr. Speaker, the government has made a commitment to take action on this issue. There has been a great deal of research done, including that done by the Sisters in Spirit initiative. We know the issues that need to be addressed. We also know that there are many complex and interrelated factors that contribute to the situation of higher rates of violence among aboriginal women and girls.

These are not going to change overnight, but will require sustained effort to achieve real change. This issue is too important to rush into, although I fully agree that action is needed. The government has committed to this issue, not only in the Speech from the Throne, but also in terms of the financial investment announced in the budget.

I look forward to the announcement of the details of the concrete actions this government will take to improve our criminal justice system, and I ask the hon. member to stay tuned. The announcement will be made very soon.

October 26th, 2010

Mr. Speaker, this government takes all incidents of crime very seriously indeed. That is why we have been active in introducing a series of bills to tackle crime: cracking down on gang violence and the activities that finance organized crime; responding to youth crime through fair and appropriate measures to hold young people accountable when they break the law; and, as part of our national anti-drug strategy, making Canadians more aware of the consequences of using illicit drugs, in addition to supporting initiatives to treat those who become addicted.

We all have a stake in addressing crime, and we all have a stake in addressing the disturbingly high number of missing and murdered aboriginal women identified by the Sisters in Spirit initiative. My hon. colleague opposite is correct that this government recognized this pressing criminal justice priority in both the recent Speech from the Throne and in the recent budget. I was pleased that there was over $10 million in the most recent budget to address this important issue.

As this involves an all too real tragedy for the women, their families, their children, and their communities, it is important to make certain that we focus on how best to use the $10 million to achieve concrete action and real change.

The government is moving forward on this file, over a wide range of possible solutions and proposals, and details will be announced very shortly.

The Native Women's Association of Canada has produced some important research and brought particular attention to this issue, supported by five years of funding from the Government of Canada. That research has highlighted the complex and interrelated set of factors that contribute to the high rates of violence facing aboriginal women and girls in Canada today.

The government has already taken a number of steps to address some of these underlying factors. We now have the new federal framework for aboriginal economic development, announced on June 29, 2009; the commitments made as part of Canada's economic action plan to aboriginal skills, training, and employment; budget 2010's investment in aboriginal health programs; Indian and Northern Affairs Canada's family violence prevention program; CMHC's shelter enhancement program on reserves; and many others.

The government made both a financial commitment and a public apology to former students of residential schools who experienced the most serious abuses, the lingering effects of which have affected their families and communities. The tragic emotional, physical, and sexual abuse, the neglect of helpless children, and the separation of children from powerless families and communities has contributed to social problems that continue to exist in many communities today.

The government's 2008 apology to former students of residential schools was coupled in budget 2010 with an additional $199 million to meet higher than expected funding needs in support of the settlement agreement.

On the specific issue of missing and murdered aboriginal women, the federal government continues to work in partnership with provincial and territorial governments to strengthen the criminal justice system's response.

On October 15, 2010, federal, provincial, and territorial ministers responsible for justice and public safety released a report entitled, “Issues Related to the High Number of Murdered and Missing Women in Canada”.

In 2001, Project Evenhanded, a joint RCMP-Vancouver police task force, was set up to look at missing and murdered sex-trade workers.

In 2006, Project Resolve, a joint partnership between the Office of the Chief Coroner for Ontario and the Ontario Provincial Police, was set up to match missing persons with unidentified human remains. The B.C. Coroners Service joined in 2008.

To conclude in the time remaining, the question of missing and murdered aboriginal women is of great importance not only to this government but I am sure to each and every member in this House. This issue is too significant for grandstanding; it is literally an issue of life and death.

As I mentioned, the government is moving forward to respond—