Mr. Speaker, I rise today to speak to Bill C-26, the tougher penalties for child predators act.
Protecting children from predators is a Liberal priority, as I am sure it is a priority of everyone in the House. For that reason, we will support the bill, though in many respects we view it as a missed opportunity from a policy perspective. I want to be clear. Sexual violence is traumatic and devastating at any age, but even more so for children.
The attempt of criminal sentencing to in some way quantify the impact of sexual violence is a failure from the outset. As with all violent crime, no criminal sentence or civil remedy can undo the wrong that has occurred, though we would hope that healing is possible for every victim.
However, the law can only deliver an imperfect measure of justice. No, consecutive sentence, increased maximum penalty, no order for damages can undo the actions that society would justly have offenders repay.
The hearts of everyone in the House, including my colleagues on the justice committee, go out to the victims of childhood sexual offences. The testimony of victims we heard at committee was gut-wrenching and, frankly, at times difficult to listen to.
I want to say for the record that I was particularly struck by the testimony of Mr. Greg Gilhooly, a victim of the terrible crimes of Graham James. Mr. Sheldon Kennedy also appeared by teleconference, but unfortunately we experienced some technical difficulties into his testimony. In any case, I would like to commend both of them for assisting the committee with its work, along with Mr. Alain Fortier and Mr. Frank Tremblay of Victimes d'agressions sexuelles au masculi. Their bravery in going on the public record for the benefit of Canadian society is truly admirable and most appreciated.
As to the purpose of Bill C-26, Liberals support the policy objectives of reducing sexual offences against children, denouncing such heinous acts when they occur and separating offenders from society where necessary. However, from the Liberal perspective, the bill should have focused more on reducing crimes in the first place, rather than on punishing offenders once a child had been victimized.
In our committee over the past year we have talked a lot about victims, and rightly so, but we should put more focus on having fewer victims to talk about. Reducing rates of child sexual crime will require making meaningful fiscal commitments instead of these repeated changes to the Criminal Code.
Liberals believe it is crucial for criminal justice policy to be evidence-based. That belief is at the core of our support for the charter, which requires our courts to weigh a law's intended purposes against its actual effects in real life. Unfortunately, the bill is largely a missed opportunity when it comes to reducing sexual offences against children.
As we heard at committee, the data shows that a reduction in the incidence of these crimes would require investing in rehabilitation programs. Instead, we heard that the Conservatives had cut programs that successfully achieved reductions.
In addition, some provisions in Bill C-26 that reduce judicial discretion are problematic, though not fatal to our support for the bill. I will explain these conclusions in a minute. However, I would like to go over the provisions of Bill C-26 for the benefit of the House.
Bill C-26 seeks to amend the Criminal Code to increase mandatory minimum and maximum penalties for certain sexual offences against children, including sexual assaults and offences related to child pornography.
Bill C-26 would also increase the maximum penalties for violations of various court orders, including probation orders, peace bonds and so forth. In addition, it would amend the Canada Evidence Act to ensure that the spouses of the accused would be competent and compellable witnesses for the prosecution in child pornography cases.
The bill would also amend the Sex Offender Information Registration Act to increase the reporting obligations of sex offenders who travelled outside of Canada.
Finally, Bill C-26 would enact the high risk child sex offender database act to establish a public-accessible federal database that contains an amalgamation of already public information with respect to high-risk sex offenders.
I want to say a few words about rehabilitation, which I know is a principle of sentencing that the government prefers to ignore. However, from a public policy perspective, it is absolutely crucial. I say that not because anybody wants to put support for offenders above support for victims, but because we want to have fewer victims.
Some in this chamber may recall that at second reading I expressed considerable skepticism about the bill before us. After all, in 2012, many of the criminal provisions in Bill C-26 were amended in Bill C-10 to create or increase minimum penalties or to increase maximums. Since Bill C-10 came into force, the Minister of Justice, as repeated again today by the Minister of Finance, indicated that child sexual offences had risen by 6%. Therefore, it serves to reason that either Bill C-10 was ineffective at reducing the number of offences or that the government is again increasing penalties, without waiting to see whether Bill C-10 was effective.
I understand that maybe the focus here is denunciation and separating offenders from society, but I would plainly ask, why are we not doing more on prevention? Why is reduction not our central policy focus when it comes to child sex offences or at least worthy of equal focus to denunciation and separation from society?
Liberals will support the bill, but we would like a direct answer to this question from the government. Where is the prevention?
I would like to draw the government's attention to some specific testimony from the committee. We heard from two representatives from an organization, which was discussed earlier in debate, called Circles of Support and Accountability, or COSA.
COSA is a community-based reintegration group that holds sexual offenders accountable for the harm they have caused, while assisting with their re-entry into society at the end of their sentences. COSA was started by the Mennonite Central Committee, and there are chapters across the country.
At committee, we heard about the organization's remarkable success at reducing recidivism. Specifically, research indicates that offenders involved with COSA have a reduction of sexual recidivism of 70% to 80% compared to those who are not. The program is also very cost effective. For example, the annual budget in Ottawa, which would work with about 8 to 12 offenders a year, is less than the cost to incarcerate one offender in the federal system for a year.
COSA had been receiving $2.2 million in government money annually for two decades. However, the government ended that funding, which in Ontario, for example, supported 70% of its operations.
From a public policy perspective, how does it make sense to tinker with the Criminal Code, while defunding programs that are proven to reduce recidivism by 70% to 80%? Think of how many fewer victims that means, or maybe do not, because it is too heartbreaking.
Also on this point of prevention, speaking about the proposed federal sex offender registry, the Privacy Commissioner, Mr. Daniel Therrien, told the committee:
—evaluations that have been done based on the experience in the United States suggest that there is little or no evidence that registration and notification laws are effective, either in terms of deterring sex offender recidivism or in reducing reported sex offences.
Any government's time and money are limited resources. Is Bill C-26 an efficient allocation of those resources to serve the worthy objective of reducing child sexual offences? Again, I repeat, it is a missed opportunity.
I also want to mention that it remains my view, and the view of the Liberal Party, that some of these changes inappropriately remove judicial discretion from the sentencing process. Perhaps Conservatives look at these changes and think, “Great, higher sentences across the board”.
However, a key point that gets missed here is that discretion is not eliminated. It is simply downloaded to law enforcement and prosecutors. The result, in some instances, might be that we see no charge where we would currently see a relatively minor or moderate charge, because a new mandatory minimum would make an appropriate outcome impossible. Dr. Stacey Hannem, the chair of the policy review committee of the Canadian Criminal Justice Association, drew our attention to the particular problem of eliminating summary offence options.
In any event, I want to reiterate that Liberals will support this bill, because we indeed support the denunciation of child sexual offences and separating offenders from society where necessary. None of my criticisms of this bill detract from the gravity of these types of crimes. However, their gravity is why I wish the government would do more to prevent these crimes in the first place, rather than focusing exclusively on dealing with their consequences.
As I said, this is a missed opportunity to prioritize the prevention of these intolerable crimes.
