Bill S-2 (Historical)

Protecting Victims From Sex Offenders Act

An Act to amend the Criminal Code and other Acts

This enactment amends the Criminal Code, the Sex Offender Information Registration Act and the National Defence Act to enhance police investigation of crimes of a sexual nature and allow police services to use the national database proactively to prevent crimes of a sexual nature.
It also amends the Criminal Code and the International Transfer of Offenders Act to require sex offenders arriving in Canada to comply with the Sex Offender Information Registration Act.
It also amends the Criminal Code to provide that sex offenders who are subject to a mandatory requirement to comply with the Sex Offender Information Registration Act are also subject to a mandatory requirement to provide a sample for forensic DNA analysis.
It also amends the National Defence Act to reflect the amendments to the Criminal Code relating to the registration of sex offenders.

Protecting Victims From Sex Offenders Act

[Maria Mourani, Bloc, Ahuntsic, QC]

Madam Speaker, I do not want to try to get into the Prime Minister's head here. It could be for a number of reasons. By deciding to prorogue Parliament, the Conservatives killed all the bills on the order paper. Introducing this bill through the Senate could be the Prime Minister's way of telling us that he does not trust the House to pass bills.

At the same time, he is trying to make a show out of it. They are taking things we have already seen and are putting on a show. They made a show out of Bill S-2 and Bill C-23. Today, they put on another show with the RCMP. It will never end. We must remember: the government does not fight crime and does not look out for public safety. It only tries to score election points by putting on shows.

I spoke about pedophiles near schools, and Bill C-46 and Bill C-47, which died on the order paper. There is also the firearms registry. I have a never-ending list of very concrete and specific tools that could truly help fight crime.

But the Conservatives would rather introduce bills that have to do with international transfers, which would help them avoid having to enforce the fundamental rights of Canadians who commit crimes and are arrested abroad. The Minister of Public Safety can decide to transfer them, instead of having to consider human rights. They are not interested in public safety. All they care about is putting on a show.

[Claude Gravelle, NDP, Nickel Belt, ON]

Madam Speaker, I would like to thank my colleague for her very good answer. She used the word “show”, which I find intriguing. I would like her to comment on this. My colleague from Welland moved a motion today that would have prevented Karla Homolka from receiving a pardon, but the Conservatives voted against it. Did they vote against this motion because they want to use pardons for criminals like Karla Homolka as an opportunity for grandstanding?

[Maria Mourani, Bloc, Ahuntsic, QC]

Madam Speaker, I thank my colleague for his question.

In my opinion, the Conservatives make a show of introducing every bill, so we can be sure they will make a show at some point. My colleague is asking me questions as though I were privy to all the Prime Minister's secrets. Unfortunately—or rather, fortunately—I am not, but yes, I think this government is doing this just for show. Moreover, we can look at what they have done in the past, since history tends to repeat itself.

Today, the Conservatives did not want to vote for the NDP motion. Maybe they are going to make a show of trotting out something else about Karla Homolka and give people the impression they are doing something about public safety. Look at all the grandstanding they did about prisoners who were receiving old age security. They made quite a show of this issue. It is disinformation and demagoguery.

Unfortunately, when they do that, they send the public a false message. The worst thing is not the message, but the fact that they make people believe they are doing something about public safety. People are going to think they are safer because the government is going to put all the criminals in prison, increase sentences, stop making transfers, stop respecting human rights, and so on. What people do not realize is that the Conservatives are actually doing nothing about public safety. They are just making a show of doing something and giving people the impression that they are working on public safety to increase their sense of security, or rather their sense of insecurity.

We need to distinguish between fighting crime and working on people's sense of insecurity. Just because I feel safer, that does not mean society is safer. Instead of playing on people's emotions, what the government really needs to do is work in an intelligent way on important tools for the police. We need to invest in prevention.

I will give another example. Thus far, the NCPC has not received any budget increases. These people work in the community sector, specifically to help young people reintegrate into society and to help victims of crime. Yet they have almost no resources to work with. Public safety involves a number of aspects. Yes, it is being tough on crime, but it is also prevention. It is rehabilitation. It is even research in the field to understand how crime is evolving. It is not about making a show of all this, but the Conservatives do not understand this.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Madam Speaker, we spoke today about Steve Sullivan, the federal ombudsman for victims of crime. The government hired him with great fanfare and three years later it would not renew his contract because he began to criticize the government as not being supportive of victims of crime.

For example, earlier this year, when Steve Sullivan testified at the public safety committee, he spoke about the need for the government to fund child advocacy centres in major cities across the country. These centres were to provide counselling, support, referrals and other resources for child victims of crime, particularly victims of sexual abuse. These centres would have been a concrete and meaningful way to improve the lives of victims. We know that many sex offenders were themselves sexually abused, so child advocacy centres would be an important part of preventing future sex offences. The victims' ombudsman asked for $5 million to fund these centres, but the government refused.

The government has $1 billion for security at the G8 and is closing prison farms, but it cannot afford $5 million for these very important centres.

Would the member like to make some comments about the government's lack of direction?

[Maria Mourani, Bloc, Ahuntsic, QC]

Mr. Speaker, I completely agree with what my colleague said. I would add that Mr. Sullivan pointed out something that was extremely insightful. He said that this government was investing in criminals and not in victims. Indeed, all the bills they bring forward target criminals, but no bills have been introduced for victims or the families of victims of crime.

We in the Bloc Québécois introduced a bill that would amend the Canada Labour Code and very generously grant the families of victims of crime a period of two years to get back on their feet, as well as a year of compensation. Although this is still not enough, at least it is two years, when nothing is being offered at present. The Conservatives voted against it; they voted against victims. I asked Mr. Sullivan what he thought of the bill and he said it must be passed. He supported it, and victims supported it.

The Association québécoise Plaidoyer-Victimes, the AFPAD and several victims' advocacy groups supported this bill, but the Conservatives voted against it. So we can see that they do not really care about victims.

Mr. Sullivan said it best: their actions and their bills target criminals. The billions of dollars that will be allocated to correctional services will be for criminals; that money will not help victims.

[Niki Ashton, NDP, Churchill, MB]

Madam Speaker, it is an honour for me to rise in the House and speak to Bill S-2, a bill that has been raised in the House before. It is a bill which the government feels so strongly about that prorogation did not stop the Conservatives from going through with their agenda. They did not feel democracy needed to have respect but certainly when it comes to their priorities, they brought back these kinds of bills, mostly focused on the crime and punishment agenda as many of us see it.

This bill was originally Bill C-34, a bill on which my colleague from Vancouver Kingsway had done a great deal of work, along with the public safety committee, to make sure the bill was at its best. Many hours were spent bringing in witnesses for debate and discussion and I understand it was a very healthy debate and discussion. Amendments were made, amendments that we put forward and supported. The discussion was a very vigorous one, but unfortunately as I noted, political games prevailed and the government's disrespect for our democratic institution came first and the result was prorogation. Yet, here we are discussing the bill in a new incarnation today.

We do support the bill at second reading, but we support a very important productive review of the bill at committee as is what happened with Bill C-34 in the last session. I spoke of the important discussion that took place.

There are a number of important pieces that were part of Bill C-34 and continue to be part of Bill S-2. For example, the bill loosens the definition of when the sex offender registry can be accessed. It widens some of the information included, such as vehicle registration and information that is important to police officers who would be conducting the investigations. It also allows police officers to notify authorities in other jurisdictions, both foreign and Canadian, when an offender travels to their area. Those are laudable goals that we support.

Mention has been made of the particular tragedy of Canadians going abroad and taking advantage of victims in other countries that perhaps do not have the same regulatory or investigative powers. The offenders feel they can get away with it. The bill aims at putting a stop to that. We hope it is a great deterrent to those kinds of offenders.

There are some good amendments, as I mentioned, such as vehicle information, not just licence plates but also descriptions. These kinds of details are important. The bill closes some serious loopholes that existed in the registry. As the registry currently stands, there is no way to track whether a sex offender is presently incarcerated or perhaps deceased. The criteria is so strict about what information can be tracked that police are legally prohibited from recording that kind of information. We find the stipulations in the bill that serve to close that loophole to be very useful.

We also know that every minute in an investigation counts. Investigations of sex offences which are particularly serious impact individuals, their families and communities in such a tragic way. Sometimes they result in cases of missing children, young people and women. Closing that loophole and having a better tracking system will mean that police will not be wasting their time verifying the whereabouts of offenders who perhaps have died or are incarcerated. It is very important to close that loophole.

However, despite the positives and some of the amendments that have been made, we feel that it is important to send this bill to committee in order to improve on its faults, to seek the provision of deterrents to sexual crime offences, and to support victims and prevention undertakings.

We do find a number of issues with this legislation. First, this legislation proposes automatic registration of every offender who commits one of the enumerated offences. This takes away prosecutorial and judicial discretion. Most of the offences under the Criminal Code of Canada, that are captured by this legislation, would have no difficulty with automatic registration. However, in the cases of a couple of hybrid offences, such as sexual assault, we believe that these are important pieces where prosecutorial and judicial discretion and decisions must definitely be applied. There ought to be room for that.

There may be an occasion where it is not appropriate to make an order against someone convicted of an offence. It should be up to a prosecutor and judge to determine when that exception may apply. That is very much in line with a pattern we are seeing from the government, which is an overriding of that judicial and prosecutorial discretion.

This is surprising, considering that the House is made up of people who come from the legal profession. We know that the judicial body is considered an independent body from government, yet we do not see that kind of respect from the government. Rather, we have a top down directive often fueled by the desire to make a spectacle, to pick on some sensational issues, and to come to quick conclusions on bills.

For that reason, we feel it is important that this be carefully discussed at committee and that we ensure there is room for that prosecutorial and judicial discretion that we in Canada pride ourselves on. It is something that we would like to see made applicable, not just to elements of this bill but to the overall agenda when we are dealing with judicial decisions and crime in our country.

We see other gaps in this bill. For example, in the area of funds, the Conservatives like to introduce crime bills such as this one to suit political purposes, but they are not so supportive or keen when it comes to putting money up to pay for these necessary kinds of changes. The public safety committee, in discussing Bill C-34, heard much testimony in its study about the Ontario sex offender registry. Police and victims groups talked about that registry as a model.

The national registry has an operating budget of $400,000 to $600,000 per year. By comparison, the budget for the operation and centralized management of the Ontario registry is close to $4 million per year, not including the expenses incurred by local police departments. Somebody who is not as gifted at math might be saying that one of 10 provinces and three territories is spending $4 million on this kind of an operation while we have a national government that is proposing to do the work of an entire country on far less, between $400,000 and $600,000.

That is clearly inadequate. We support strengthening the registry and closing the loopholes, but let us do it in a way that matters. Let us not do a job half well done, or in this case, one-tenth of the way well done. Let us truly look at making it meaningful. We owe this to the victims of sexual offences. We owe this to Canadians who are concerned about these kinds of crimes.

Let us not shove that issue of appropriate funding aside. We all know that the job will not get done right without that proper funding. The bill contains nothing to increase resources for the sex offender registry and instead downloads the burden on to already over stretched police forces.

If I can just point out the irony that the government often claims to stand by our police officers and people in uniform, but the downloading of such an onerous responsibility on police officers, detachments and organizations that are already under incredible strain, that as we know are lacking personnel, would be a true shame. We should not go forward without appropriate funding.

There are other issues in the way in which this bill is inadequate. I feel that it is important to perhaps focus on the one area that we have raised with respect to other issues under the government's crime agenda. It is around the area of prevention but also support for victims or for potential victims, young people, people who are often in vulnerable positions and on the margins of society.

Earlier this year, Steve Sullivan, the Federal Ombudsman for Victims of Crime, testified at the public safety committee. He spoke about the need for the government to fund child advocacy centres in major cities across the country. These centres would provide counselling, support, and referrals to other resources for child victims of crime, particularly victims of sexual abuse.

These centres would be a concrete and meaningful way to improve the lives of victims. We know that many sex offenders were themselves sexually abused. Therefore, child advocacy centres would be an important part of preventing future sexual offences.

The victims ombudsman asked for $5 million to fund these centres but the government refused. That refusal I believe is something that we need to see the government quite frankly change its line on. Here we have somebody that the government hired and his work seemed to be quite useful up to now and now we hear that he has come under a great deal of distress. The man who is a specialist in this area came forward with a proposal that was done in consultation with victims themselves, with specialists in this area, counsellors and medical professionals. He said that this would go a long way into cutting down on those offences and into supporting victims. To hear that the government refused that kind of action to me flies in the face of the government's commitment to supposedly cut down on these kinds of offences, and is something that I find to be quite disconcerting. I am not sure how it can respond to that with Canadians.

We all want to see any crime, but certainly sexual crimes, to be dealt with in the right way. We can all see the value of prevention so that we do not need to deal with a crime after the damage has been done, after the victim has been abused, after the tragedy has occurred.

Prevention is very critical. If I can perhaps share the experience of my constituency on that important piece. I have the honour of representing the riding of Churchill in northern Manitoba which is a very diverse riding. In it there are many first nations and Métis communities. They are very diverse communities, but they are communities that have also dealt with extreme tragedy.

Last week we commemorated the second year of the residential schools apology that the government made. As we all know, the residential schools were a place of great horror for aboriginal people. Many aboriginal young people were victims of sexual abuse at these schools. I have consulted with many elders and community members who have told me that cycle of violence, not just physical but sexual violence, is a difficult cycle to break from.

We are talking about children who were ripped away from their parents, ripped away from their identities, and subjected to the kind of abuse that many of us would have difficulty wrapping our heads around. Many survivors were not able to deal with this abuse and were so traumatized that they took their own lives, a tragedy that many of us have acknowledged. All of us here were honoured and proud to hear the government's apology.

There has been little done to deal with the needs of aboriginal people. I would like to point to the failure of the government to provide funding for the Aboriginal Healing Foundation, an organization that provided counselling for survivors of this abuse, for their children and their grandchildren. I had the honour of working hard with my colleagues in this House to save this organization. In some cases, survivors were incarcerated. They did their time and sought out rehabilitation. The community programs supported by the Aboriginal Healing Foundation were critical to breaking the cycle of sexual violence.

This government claims to be on the side of victims. It claims to be the government that will cut down on crime and here we are today talking about sexual offences. It was the present government that did away with a very successful program that helped to do the very same thing.

Prevention is not only specific to preventing a particular crime. It is also about ensuring that young people, women, are strong, and that they have support in their communities to achieve their potential.

I represent isolated first nations such as Shamattawa, Oxford House, God's River, God's Lake Narrows, Island Lake, Red Sucker Lake, Wasagamack, St. Theresa Point, Garden Hill, Bloodvein, Berens River, Little Grand and Pauingassi. I think of the many young people who have spoken to me of the lack of recreational programs and the fact that government programs are inadequate. These young people know that their generation is falling into the trap of criminal behaviour and gangs. They want to fight back. They want to ensure they have positive and healthy activities, a space for them to pursue healthy alternatives in their own communities. They want education and proper health care and also proper infrastructure. All of these pieces are integral to that prevention agenda.

We feel that Bill S-2 is lacking in that approach to prevention, something that would go a long way in deterring and cutting down on sex crimes. The government needs to answer the call. It needs to support people on the margin. It needs to support people who are seeking to break the cycle of violence, who are seeking to ensure that their families, their children and their communities are safe. Only then will we see true leadership when it comes to cutting down on crime and supporting Canadians throughout our country.

[Claude Gravelle, NDP, Nickel Belt, ON]

Mr. Speaker, earlier this year Steve Sullivan, the federal Ombudsman for Victims of Crime, spoke about the need for the government to fund children's advocacy centres in major cities across the country. These centres would provide counselling, support and referral to other resources for child victims of crime, particularly victims of sexual abuse. The victims ombudsman asked for $5 million to fund the centres but the government refused.

The government has billions for fake lakes at the G8 and billions more to lock up more Canadians with longer sentences, which by the way, the victims' ombudsman testified “does very little for the victims of crime because sentencing does not address the real needs of victims”. The government has billions of dollars for these things but refuses $5 million to set up a child advocacy centre for victims of sex offences.

Does the member for Churchill think $5 million is too much to ask for with respect to victims of sexual abuse?

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, that is an important question. Many of us in the NDP feel that it is critical to bring forward the well-researched and well-founded proposal of the ombudsman for centres and the need to apply $5 million. That money is a drop in the bucket compared to the $1 billion being spent on security and the millions of dollars being spent on fake lakes, fake canoes, and fake decks.

It is truly an investment in making our communities safer, in prevention, and most importantly, in supporting victims, which is something we hear time and time again, almost like a broken record, from the government. Yet when we look at the plans it is rejecting or the course of action it is taking, we do not see the support as it should be, with an emphasis on prevention and the opinions of experts in the field.

I would note that as one of the youngest members in the House, I find it disheartening to hear my generation's lack of hope when it comes to our political system. This is the kind of investment the government is refusing to make, let us be honest, in the next generation. That kind of cynicism from young people across our country is perhaps well founded when we hear of the rejection of positive plans that would support young people.

[Claude Gravelle, NDP, Nickel Belt, ON]

Mr. Speaker, one key aspect of this legislation is mandatory DNA sampling from those convicted of a designated sexual offence. Currently, sampling must be applied for by the prosecutor and granted by the judge.

Is the current legislation not a little backward? Should it not be the criminal who applies to be exempt under special circumstances instead of it being the prosecutors and judges who ask for this ruling?

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, this bill has a number of positive measures to close loopholes around the need for more and accurate information. While we find that some of these measures are positive, we also feel that it is important to bring the bill back to committee to discuss some of the inadequacies and failures, quite frankly, as I pointed out earlier, in terms of prevention.

One of the points that came up about Bill C-34, which I am sure will be raised again in committee, if it goes there, as we hope, is the need to still have prosecutorial and judicial discretion applied and available. Let us not override the work of the judicial branch of our country. Let us recognize that it does critical work in ensuring that justice is fair and that everybody is judged fairly on these grounds.

[Claude Gravelle, NDP, Nickel Belt, ON]

Mr. Speaker, Bill S-2 was originally Bill C-34 before prorogation. It is one of the law and justice bills the government is famous for introducing. It is just one of the bills that fell by the wayside because of prorogation.

For reasons known only to the government, it brought the bill back through the Senate. If prorogation had not occurred, would this bill be law by now? Why would the government bring it back through the Senate instead of the democratic way, which is to bring it through the House of Commons?

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, many of us see the irony of these bills. The government was committed to passing them and to ensuring a quick process, because apparently these were a priority. Maybe they were not such a priority, and neither was democracy. That is why the Prime Minister prorogued Parliament again.

Here we are. It is a bit of déjà vu, in some sense, the difference being that the bill has come from the Senate. It looks as though there are some changes. What we hope to see and engage in is an accurate and full discussion in committee. Witnesses can be brought in, including stakeholders in the work to fight sexual offences, people who use registries across this country, and people who are quite frankly interested in making this registry the best and most appropriate it can be, with particular pieces on rehabilitation and prevention.

The NDP, and we hope the opposition parties, sees the value in making sure that every piece of legislation is paid attention to properly and makes a real difference. The difference here is to support victims, to support Canadians, and to truly set deterrents and cut down on sexual offences in our country.

[Chris Charlton, NDP, Hamilton Mountain, ON]

Mr. Speaker, I very much appreciated the speech by the member for Churchill. Like my colleague from Sudbury, I too would like to make a more general observation.

It seems to me that we have a government that is constantly talking about it being a government that is tough on crime. For a government that is tough on crime, it sure talks the talk, but it does not walk the talk.

First, I would argue that it is much, much more important to be smart on crime. If we are smart on crime, we do not just talk about law and order issues, we also talk about crime prevention. We talk about support for the victims of crime, and we talk about adequately resourcing those who are engaged in law enforcement on a day-to-day basis to make sure that they are well resourced and safe.

My sense here is that we have yet another opportunity to talk about being tough on crime and on improving our justice system. However, if the government were serious about it, maybe it would have done the same thing with respect to the budget bill. It would have introduced one omnibus bill and we could have dealt with all of the changes. Instead, we get them in dribs and drabs. Then we prorogue the House and we start all over again. To anybody watching, it seems as if all we are talking about are crime bills, when in reality, we have not accomplished very much.

To the best of my knowledge, the only bill that has made any progress in the House in this entire session is Bill C-23, which passed second reading this afternoon.

I wonder if the member has her own observations. Perhaps I missed one other crime bill that may have passed this session. I do not think so.

I wonder if the member would like to comment.

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, I appreciate the very important question posed by my colleague from Hamilton Mountain. I certainly could not agree with her more. This constant dealing with the Conservative crime agenda, which as we know has great inadequacies and real gaps in actually dealing with crime, is quite unfortunate.

People in my riding are concerned about the jobs they are losing. They are concerned about climate change. They are concerned about how they will afford their education. They are concerned about the lack of housing and the third-world conditions in their communities. They do talk about crime, but they talk about the need to support communities all across the board.

[Brent Rathgeber, Conservative, Edmonton—St. Albert, AB]

Mr. Speaker, it is really a pleasure for me to rise to speak to the merits of Bill S-2, Protecting Victims From Sex Offenders Act.

This legislation proposes to enhance the current provisions respecting the registration of information related to sex offenders. As hon. members will know, and we have heard some debate here this afternoon, this is an extremely important bill. It is a bill that deserves our utmost attention, as it deals with ensuring the safety of our children and other vulnerable Canadians from sexual predators.

As hon. members know, public safety is an objective shared by all parliamentarians, both here and in the other place, where this bill originated. Moreover, Bill S-2 carries on initiatives undertaken by all premiers and all territorial leaders, in concert with the federal government, calling for a national sex offender registration system.

Let me give the House a little bit of history. As early as 1997, the principle features of a registry were thoroughly discussed by all of the ministers responsible for criminal justice in their own provinces, the federal government, and all territorial jurisdictions. Their endorsement led to the Sex Offender Information Registration Act of 2004. Indeed, Bill S-2 reflects and continues a national consensus that responds to a concern shared by all Canadians.

Since forming government in 2006, we have taken a series of actions to better protect Canadians from sexual abusers, and we will continue to do so. I would like to reiterate that the legislative foundations for this bill we are considering here today stand out as a wonderful example of what can be accomplished when federal, provincial, and territorial interests are accommodated through consultation and co-operation. I should also mention that this bill has the support of law enforcement, prosecutors, and victim advocacy groups.

Bill S-2 has been reported by the Senate Standing Committee on Legal and Constitutional Affairs, and was previously examined, as Bill C-34, by the parliamentary Standing Committee on Public Safety and National Security, of which I am a member, in the last session of this Parliament.

This legislation reflects input from a number of sectors, including corrections, law enforcement, child protection agencies, and victims groups. The Senate committee provided a forum for a thorough discussion of a range of views and positions regarding the efficacy of a national sex offender registry.

I would submit that this is a strong indication that the government's proposals were a fitting response to urgent suggestions that the sex offender database be more inclusive.

These multi-sectoral consultations I referred to led to the significant amendments that have been before the legislative drafters for some years. Discussions have covered the viability of the registry and have monitored the implementation of the act.

Perhaps the most pressing question in this debate has been about arriving at a balance between limiting or increasing the scope of the registry. The question becomes this: What parameters should govern the number of offences, and which offenders ought to be included in a registry?

The following questions also need to be resolved and have been resolved by these amendments: How long should a registration order remain in force? Who should determine whether an offender should be registered? In other words, once a list is begun, where should it end?

These questions were pivotal to the establishment of the national sex offender registry. Experience gained by criminal justice practitioners can now be applied to better balance public safety and human rights in this legislation.

At the time of its inception, the only sex offender registry in Canada was maintained by the Province of Ontario. Aspects of that registry were then being contested in the courts, and we now have the benefit of a number of judicial decisions.

Accordingly, our government has drafted legislation that is responsive to public safety concerns across the country, while it achieves a balance with concerns about fairness and human rights.

Although, Mr. Speaker, you need no education in the area of criminal justice, please allow me to refresh the memories of those who were present when the national registry was created and to provide background for more recent arrivals.

The initial legislation, which I referred to, the starting point for the legislative changes we are considering today, proposed a registry that was to have included only those convicted of designated offences after the legislation came into force. However, during review by Parliament, the registry was amended to include offenders previously convicted of scheduled offences who were, as of the date of coming into force, incarcerated in a provincial or federal institution, under conditional or intermittent sentence, or on probation or parole.

Also included are those offenders under a detention order or who had not been absolutely discharged subsequent to a finding of being “not criminally responsible” for that offence. This latter inclusion stems from the fact that while a disposition by a court that an offender is not criminally responsible means there has been no finding of guilt, it is still a finding that the offender committed the offence.

For reasons that are apparent, it was deemed desirable to keep this class of offenders within the registration scope of the act.

Parliamentarians heard from a number of sectors regarding registration and made appropriate amendments. The registry's effectiveness has been monitored through the implementation period. With the benefit of this experience, the government believes the time has come to ensure a more rigorous approach. The final outcome of our efforts here today ultimately focus on the central concern of all involved, the safety of Canadians from exploitation and crime. Protection from sexual predators is the raison d'être of this legislation.

Briefly, I will touch on the main features of Bill S-2. To reinforce what others have mentioned, the key provision is that registration under both the Sex Offender Information Registration Act and the DNA Identification Act would become automatic upon conviction, making it mandatory for the sentencing judge to impose an order to register and provide a DNA sample whenever a conviction for a scheduled sexual offence had been entered against the offender.

The crown prosecutor will no longer be required to bring an application for an order. This legislation would empower police officers to take action if they detected suspicious activity on the part of a registrant, even if no overt criminal activity was under way. Prevention becomes possible that previously was beyond the scope of the law.

Certainly in committee, upon examination of the former Bill C-34, we heard anecdotally and otherwise of many instances when crown prosecutors would not ask the court for an order of inclusion on the registry. Some of this was a matter of a plea bargain. Occasionally, it was a mere oversight. However, in any event, under the proposed legislation before the House, the crown will no longer be required to bring an application. Such inclusion will be automatic. I think all members will agree that change is worthy of their support.

Furthermore, police will be able to identify registered sex offenders who are travelling to other jurisdictions, both domestically and internationally. Again, a level of prevention is made possible by these amendments. In addition, corrections officials will be able to notify police forces of both the release and the re-admission of registrants.

Finally, and just as important, the registry will be enhanced by the inclusion of vehicle data to assist authorities in monitoring, investigating and, if necessary, prosecuting registrants where necessary.

To sum up for all members of the House, the development of Bill S-2 sets out a framework for continuity in a co-operative effort among federal, provincial and territorial governments. Significantly this is a national system, unlike the efforts elsewhere, where duplication and confusion may reign. We have the advantage of a single common approach that combines the efforts of various criminal justice sectors but, at the same time, respects the provincial role in the administration of the system.

The additional measures we will be passing in the House after due consideration will further simplify, unify and strengthen efforts to protect the vulnerable among us. It must be emphasized that these goals will be achieved while respecting both the needs of law enforcement and the courts and the civil liberties of all Canadians.

Bill S-2 is an undertaking to improve earlier legislative efforts that, although well-intentioned, have proven to be less than comprehensive. In this we have benefited from the experience, the expertise and the goodwill of many sectors within the Canadian criminal justice system.

I believe we can move this matter to a timely conclusion. I understand there is support among all members of the House, or the majority of the members of the House, to pass the bill at second reading and to send it to the public safety committee in which I and all its members will give it a thorough examination.

Accordingly I urge all hon. members to speed the passage of this important bill. Canadians have asked for it. Victims of crime deserve no less.