Protecting Victims From Sex Offenders Act

An Act to amend the Criminal Code and other Acts

This bill is from the 40th Parliament, 3rd session, which ended in March 2011.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Similar bills

C-34 (40th Parliament, 2nd session) Protecting Victims From Sex Offenders Act

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other S-2s:

S-2 (2021) An Act to amend the Parliament of Canada Act and to make consequential and related amendments to other Acts
S-2 (2020) An Act to amend the Chemical Weapons Convention Implementation Act
S-2 (2016) Law Strengthening Motor Vehicle Safety for Canadians Act
S-2 (2013) Law Incorporation by Reference in Regulations Act
S-2 (2011) Law Family Homes on Reserves and Matrimonial Interests or Rights Act
S-2 (2009) Law An Act to amend the Customs Act

Protecting Victims From Sex Offenders ActGovernment Orders

December 7th, 2010 / 12:45 p.m.

Liberal

Mark Holland Liberal Ajax—Pickering, ON

Mr. Speaker, I thank the member not only for his question but for the opportunity to work with him on this bill. We have had a very constructive working relationship on this bill and others.

I think the member should get ready for a Standing Order 31 statement attacking him now for loving criminals or for being a criminal hugger, because he would dare ask a question.

The reality, of course, is it is a good question and it is one that needs to be asked and carefully considered. It is one that was raised by the police.

In principle, as we saw its application in Ontario, I certainly favour, as does our party, automatic registration. I think it has worked well in Ontario, and it has been effective.

The member raises a concern that I shared through the proceedings about automatically including some people who might be on the periphery and who were not intended to have been caught by that net, and winding up in a situation where we have a list that is simply too large to be useful.

The examples the member gave, and that I gave in my speech, that we had concerns about are worth mentioning and considering.

The other point that I am concerned about somewhat is the notion of moving discretion away from the judge to the police officer. If there is a commission of voyeurism, as an example, a police officer may be tempted to not pursue charges because they do not feel that the person belongs in the sex offender registry. However, previously they would have gone to court and gotten a lesser charge, and would have been able to establish a history if the person were to then progress from there.

I think that through the course of testimony and through the course of discussion, those concerns were largely resolved in my mind and in the mind of the party. The feeling is that the scoping is significant enough and the wording is clear enough so that that net shall not be that wide.

With respect to those concerns, I have them and have been posing questions about them, however they are not significant enough to warrant not supporting this bill.

Protecting Victims From Sex Offenders ActGovernment Orders

December 7th, 2010 / 12:45 p.m.

Bloc

Maria Mourani Bloc Ahuntsic, QC

Mr. Speaker, I would like to congratulate the hon. member on his speech. I am letting him know from the outset that my question is indirectly related to the bill. I hope that he will not say, as the Conservatives did, that it is not relevant.

I think that the hon. member would agree that any bill must first ensure that there is a balance between human rights and public safety. I believe that he and his party are concerned about human rights, which are part of their human and political interests.

The member claims to be a human rights advocate and says that he strives to ensure that Conservative bills are not demagogic and that they find a balance between these two elements. After five sessions on the G20 and the G8, why has his party not requested an independent public inquiry on this issue to date? I do not understand. The relationship between that and Bill S-2 is the human rights aspect.

Protecting Victims From Sex Offenders ActGovernment Orders

December 7th, 2010 / 12:45 p.m.

Liberal

Mark Holland Liberal Ajax—Pickering, ON

Mr. Speaker, these are two very different issues, but I can still answer the question.

First, with respect to crimes committed against young people, especially sex crimes, we all need to work together and leave politics aside. At the same time, it is very important for us to ask real questions about the bill to ensure that it is good and that it will work.

I am worried about the Conservatives because every time someone asks questions, the Conservatives attack them very personally, saying that this person supports criminals and does not believe what the victims are going through. That is not true.

As for the G20, in my opinion, there is no doubt that we need to force the Conservatives to answer a lot of questions. If we need a public inquiry and if we need to find another way to ask questions and get answers, then I absolutely support that. After our studies of this issue in committee, a number of very serious questions went unanswered.

If someone wants to demonstrate and share his ideas, and the government restricts his freedom and his ability to ask questions, that is very serious. We need to be able to get answers.

Protecting Victims From Sex Offenders ActGovernment Orders

December 7th, 2010 / 12:50 p.m.

Bloc

Maria Mourani Bloc Ahuntsic, QC

Mr. Speaker, I wish to inform you that, as you are no doubt aware, the Bloc Québécois will support Bill S-2 on the sex offender registry.

This bill is an exact copy of Bill C-34, as amended by the committee during the last Parliament. We supported Bill C-34 in principle. We heard from witnesses who reinforced our position and we put forward amendments that were agreed to. We also proposed amendments to Bill S-2, but unfortunately, they were defeated because the Liberals supported the Conservatives. We proposed amendments relating to the automatic registration feature that my colleague discussed earlier.

This is another example of how the Bloc Québécois works bill by bill in an effort to be constructive without sinking to the level of grandstanding that we have come to expect from this government.

We believe that we must make tools available to the police that, on the one hand, are effective at preventing and fighting crime and, on the other hand, do not constitute an unjustified and disproportionate breach of fundamental human rights.

As all of my colleagues have said, we all worked well together on this. Bill S-2 seeks to make the sex offender registry more effective and more useful to the police. This is a critical tool for preventing sex crimes and supporting sex crime investigations.

This bill helps strengthen existing legislation on sex offender information registration, which came into force on December 15, 2004. It would enable authorities to include more individuals convicted of sex crimes on the registry and would record more information about those individuals, including DNA.

This bill would also strengthen obligations that apply to individuals listed on the registry, such as those related to moving or being away from their residences for an extended period of time.

The bill adds new violations requiring registration and, in clause 5, makes some changes in the procedure by which courts will order inclusion in the registry.

In the case of so-called “hands-on” sexual offences, which are generally quite serious, the current regime allows the Crown to decide whether or not to ask the judge to have the person included in the registry. Under the new regime, which will be in place shortly with the passing of this bill, the attorney will no longer have to make the request; it will be a question for the courts to decide upon. It must announce its decision when the sentence is handed down and automatically order the person to comply with the requirements of the law; this is automatic inclusion.

In addition, this new clause abolishes the exemption, or exception, that currently applies when an offender establishes that their inclusion in the registry and the resulting impact on them, including on their privacy or liberty:

...would be grossly disproportionate to the public interest in protecting society...

Consequently, a hands-on sexual offence would result in automatic inclusion in the registry.

One thing is certain: at some point we will have to evaluate how the registry fits into all of this because there will be a lot of names in it. Witnesses told us that when there are a lot of names in the registry, it is less effective.

In terms of DNA samples—and this is somewhat related to the question I asked my Conservative colleague earlier—representatives from the two laboratories that do these tests clearly told us, when we met with them, that investigations are underfunded and that there are delays because it takes time for them to analyze the samples. These delays mean that these crimes sometimes go unsolved.

If it is urgent, they are efficient. But some samples may sit for a year before being analyzed because there are not enough resources.

Not only were they waiting for an agreement with the federal government, but they were also hoping to get more funding. It is all well and good to have legislation in place, but we need to have the means to enforce it. Will any money be invested in this bill? It is important to note that more and more people will be added to this registry, so there will also be more and more requests for DNA analyses.

Coming back to my point, when a direct sexual offence is committed, registration is automatic; however, for other designated crimes, it is up to the crown prosecutor to determine whether or not to apply to the court.

Clause 40 is another interesting point in the bill, because it makes a major change to how the registry can be used. This is very important, because it has to do with the notion of prevention. Under current legislation, the registry can only be used when there are reasonable grounds to believe that a sexual offence has been committed. Bill S-2 allows police to consult the registry for prevention purposes.

Consider the example of Cédrika Provencher, a tragic incident that took place not too far from us. What is interesting about this case is that the registry could have been consulted, which would have allowed for more effective prevention. However, according to the information we heard, some sex offenders had already been identified in that area, which the police were able to verify. As we know, when a child is kidnapped, it is important to find him or her within the first 24 hours. After 48 hours, the situation becomes even more worrisome, and as time passes, the chances of finding the child diminish considerably.

Clearly, this greater openness to prevention will have to be examined more closely to ensure that it is not used inappropriately. I trust the professionalism of police officers, but the fact remains that sooner or later we must have a closer look at this provision. Personally, I think it is a measure that could save lives.

The bill also proposes another worthwhile amendment. If this bill passes, there will be a correlation among offences that lead to inclusion in the sex offender registry and the sex offender's obligation, as I was saying earlier, to provide a DNA sample to the national DNA data bank. The bill will amend section 487.04 of the Criminal Code, which already requires a judge to order that such a sample be taken when a primary designated offence, a very serious offence, has been committed.

If the bill is so good, then why has it not passed yet? There are a number of answers to that question: first, this government nearly always introduces what at first is an absurd bill, ensuring that everyone is against it and wants to amend it; second, this government has gotten in the habit of putting on a show in the name of public safety; third, this government claims that these things are important and then turns around and prorogues the House, allowing all the bills to die on the order paper.

The opposition is not responsible for this delay. I have seen my colleagues work hard on getting this bill passed and on making worthwhile amendments to make the bill even better. I feel that the blame lies with the government, which unfortunately does not put its money where its mouth is. This is not the first time we have seen the Conservatives do this. I would not be bringing this up if I did not have a number of other examples.

Take for example former bills C-46 and C-47, which have been renamed and brought back to the House. The police have been calling for such legislation for over 10 years to help them conduct investigations, especially when it comes to the producers and consumers of child pornography. One of these bills ended up in the Standing Committee on Justice and Human Rights and the other, in the Standing Committee on Public Safety and National Security. Then, all of a sudden, they disappeared. And then the House was prorogued. I have had to ask why a million times in the House.

Not too long ago, I do not have the exact dates, they reappeared with new names. And we are still not working on them. The government should bring them forward because I would like to start working on them.

This government likes putting on a show in the name of public safety and too often shirks its fiduciary responsibilities with respect to our collective security. We saw this recently with its irresponsible attitude towards the firearms registry, which, despite everything the Conservatives are doing, works relatively well, in spite of their amnesties and their many attempts to secretly abolish it through private members' bills.

I would like to come back to the fact that police forces want another tool to protect our children and to catch producers and consumers of child pornography.

Since 1999, police forces across Canada have been calling for legislation that, within a certain framework—this is not a free-for-all—would require Internet service providers to disclose IP addresses, which identify their clients computers, without being forced to ask for authorization in court, since these authorizations would be given later.

An IP address is like 411, a telephone book where you can find a person's name, address and telephone number. It is the same for a computer. This makes it possible to take action and save lives in an urgent situation.

I am not the only one saying this. On April 22, when he testified before the Standing Committee on Public Safety and National Security, the former federal ombudsman for victims of crime, Mr. Sullivan, who was appointed by this government, said:

...if I were the Prime Minister today the Internet bill would be my absolute priority; it would be number one in the justice reform areas.

Mr. Sullivan gave a good picture of the tragedy the absence of such legislation causes. He said:

The longer we delay these initiatives to give law enforcement the tools, the more kids are going to be abused. I think that makes everybody angry.

That is true. It makes no sense that we do not currently have any regulations like these for the Internet. I can give some examples. In less than 10 years, we have seen a huge increase in the amount of child pornography on the Internet. We have gone from thousands of images to millions of images and videos. Every single image and every single video shows children being abused. I spoke to investigators from the child sexual exploitation unit who told me that the youngest sexual abuse victim they had seen was a two-week-old baby. That is unbelievable.

Imagine my indignation when, rather than passing a bill that would actually make it possible to save lives by giving the police important tools, the members of the House prefer to talk about other things. I would ask my fellow members to excuse me for being emotional but I find this so mind-boggling that I cannot even believe it. I think that a way must be found to let the police do their work and to also protect our children.

It is important to understand, as the Bloc Québécois did during the consideration of the bill that was the original version of Bill S-2, that the government must question and change its behaviour for everyone's benefit. It must do so to protect public safety and preserve Canada's credibility in the eyes of the world, in the eyes of the international community.

It is rather paradoxical that I, a sovereignist, am saying this. I strongly believe that Quebec and Canada are sister countries. So, when things go wrong in Canada, they cannot help but go wrong for us as well.

Unfortunately, we are still in Canada. Sometimes extraordinary laws are passed that help us to grow; however, there are other laws that diminish us completely both as individuals and as a society.

It is important for the government to understand that human rights are more than mere words. Human rights are fundamental. This institution is based on human rights in general and on the rights of children. The government must show its good faith by ordering a public inquiry on the G20 in Toronto. I asked the Minister of Public Safety and the government several questions and, as I understand it, they have shut the door on this issue.

I have sat on five committees. People came from everywhere to testify. There were organizations as well as individuals who had been arrested and who are no longer facing charges. With what we are hearing, if I were the public safety minister, I would call a public inquiry for the sake of the credibility of Canada and its police. Right now, it is all just suspicion and allegations. People are not crazy. They go on the Internet and see things. Articles are published and we hear statements in committee. It is a disgrace. A public inquiry needs to be called to clean all of this up. If it finds nothing, so be it. At least everyone will be reassured and people will say that some incredible work was done. But that is not what is currently happening; there is nothing but suspicion.

More than 1,000 people were unfairly arrested at the G20, and a tiny minority were incarcerated after charges were laid. It was the largest number of arrests made at a single event in Canada. It brings back bad memories, such as the October crisis in 1970. We have to wonder. I hear my colleagues opposite, who are at a loss. It might help them understand if they realize that the link is human rights. Based on facts that are gradually coming to light, many observers feel it is increasingly probable that respect for human rights was not a concern for the infamous G8 and G20 integrated security unit, which was headed by the RCMP. Everyone is responsible, but no one is responsible. It is as though—

Protecting Victims From Sex Offenders ActGovernment Orders

December 7th, 2010 / 1:05 p.m.

Conservative

Brent Rathgeber Conservative Edmonton—St. Albert, AB

Mr. Speaker, I rise on a point of order. Once again, the opposition members seem to be talking about everything except the bill before the House. I would ask that you caveat the member to talk about Bill S-2, which is the bill before the House.

Protecting Victims From Sex Offenders ActGovernment Orders

December 7th, 2010 / 1:05 p.m.

The Deputy Speaker Andrew Scheer

The hon. member for Ahuntsic has two minutes left.

I will remind the member to try to keep to the rules of relevance, especially regarding third reading of a bill, in her final two minutes.

Protecting Victims From Sex Offenders ActGovernment Orders

December 7th, 2010 / 1:05 p.m.

Bloc

Maria Mourani Bloc Ahuntsic, QC

Mr. Speaker, speaking of relevance, human rights have been trampled upon. The connection is very clear. Why was Bill S-2 created? Because there was balance, there were amendments and a better bill that should better reflect Canada was created.

At the G20, people were held for unacceptable periods of time in cages with constant bright lighting, with no beds and no covers despite the chilly air conditioning—

Protecting Victims From Sex Offenders ActGovernment Orders

December 7th, 2010 / 1:10 p.m.

Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

Mr. Speaker, I rise on a point of order, which has already been made. No matter how much the member massages the air around her bench, no matter how much she torques her voice, she has strayed off the topic, in my respectful view. I would ask her to please, out of respect for all the members in the House, get back to the issue in the bill. I do not mind listening to members stray a little, but I am here to debate the bill and the member has strayed way off topic, in my opinion.

Protecting Victims From Sex Offenders ActGovernment Orders

December 7th, 2010 / 1:10 p.m.

The Deputy Speaker Andrew Scheer

I find I agree with the member for Scarborough—Rouge River. I will once again ask the member for Ahuntsic that she respect the rules of relevance in her final minute.

Protecting Victims From Sex Offenders ActGovernment Orders

December 7th, 2010 / 1:10 p.m.

Bloc

Maria Mourani Bloc Ahuntsic, QC

Thank you, Mr. Speaker. I will. I understand that the member had no problem with his own colleague straying. It did not bother him when his colleague started talking about prisons and whatever, but I get it. He is partisan.

I also understand his position because his party does not want a public inquiry. That is why talking about the G20 makes the members so uncomfortable, especially the members from the Toronto region. They hope to sit on the other side. It would sure be nice for them to get Toronto.

About Bill S-2, I only have a minute, so I will wrap it up quickly. I want to say that when I look at all of this information in terms of values—

Protecting Victims From Sex Offenders ActGovernment Orders

December 7th, 2010 / 1:10 p.m.

The Deputy Speaker Andrew Scheer

It is time for questions and comments. The hon. member for Bonavista—Gander—Grand Falls—Windsor.

Protecting Victims From Sex Offenders ActGovernment Orders

December 7th, 2010 / 1:10 p.m.

Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

Mr. Speaker, I will certainly talk to the bill and try to be as relevant as I can.

The information in the national registry that can be collected only to enable police services to investigate crimes they have reasonable grounds to suspect are of a sexual nature has been amended. We saw this through Bill C-34. In some of the comments during the committee work on the bill, it was pointed out that something was missing. However, the need for reasonable grounds has been removed from subparagraph 2(2)(c)(i) of the act. As a result, police may collect information for the purpose of preventing and investigating crimes of a sexual nature. During the examination of Bill C-34, no witnesses raised the possibility of any abuse of use resulting from these amendments.

Would the hon. member please comment if these new methods, for which we are casting a wide net in the usage of this registry, especially when it comes to peace officers, concern her, even though those member will pass the bill?

Protecting Victims From Sex Offenders ActGovernment Orders

December 7th, 2010 / 1:10 p.m.

Bloc

Maria Mourani Bloc Ahuntsic, QC

Mr. Speaker, as I already said in my speech, if my colleague had been listening, there is no doubt that with this new legislation—and my NDP colleague also mentioned this—registration will be automatic in certain cases. Let us be very clear: there will be a wide range of sex offences that can be included in this registry.

I find it ironic that my Liberal colleague is asking me a question. The Bloc Québécois and the NDP proposed—or at least we supported the NDP's proposal—an amendment that would allow for clear guidelines to be established regarding this issue. However, the member's party and his colleagues voted with the Conservatives. It would have been nice to be able to clarify this automatic registration. According to the witnesses, there is a risk that a great many names will be added to the registry until, unfortunately, it eventually becomes ineffective. Personally, I think we need to examine it a little closer later on. The bill is before us, with all of the amendments that were made. Personally, I think we need to examine the real impact it has later on, after it takes effect. Now if any amendments needed to be made, the time to do so was in committee. It was up to his party to do so, rather than voting against it when the time came.

Protecting Victims From Sex Offenders ActGovernment Orders

December 7th, 2010 / 1:15 p.m.

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, police forces have indicated that the present legislative framework of the national registry does not allow them to prevent crimes of a sexual nature. Response times in the investigation of sex crimes are of critical importance, as the member knows, especially in cases involving child abduction.

The following statistics illustrate the importance of a rapid response and have been mentioned by my colleague from B.C.: 44% of child victims are dead within one hour after abduction; 74% are dead three hours after abduction; and 91% are dead 24 hours after abduction.

Police prefer, where possible, to use the Ontario registry, since it can be used preventively and the fact that there is a substantial gap between the statistics on the national registry usage. For example, the national registry is used 165 times a year, whereas the Ontario registry is used 475 times a day. Clearly it is time for us to look at adopting the provisions of the Ontario registry, and that is in fact what we are doing.

I know the member referred to these statistics as well. Does she have any further comments on this?

Protecting Victims From Sex Offenders ActGovernment Orders

December 7th, 2010 / 1:15 p.m.

Bloc

Maria Mourani Bloc Ahuntsic, QC

Mr. Speaker, I thank my colleague for his question. I completely agree with him. There was a problem with the law and I believe that this bill solves it. Prevention is vital when it comes to child abduction, as he illustrated so well. Finding the child alive or even just finding the child is critical. That may happen within 24 hours. After that, according to police statistics and statements, the ability to find the child alive diminishes and may be almost nil.

Therefore, it is vital that the police be able to consult this registry for preventive purposes. The only thing we will have to eventually look at—which could very well be done in committee—is the effectiveness of the registry. How many names are in the registry? Are there abuses? Has the necessary money been provided for the registry to be effective?

One thing is clear: it is all very well to have the best possible law but, without resources, the registry cannot be effective and will not give results. It could be an exceptional tool when it comes to prevention and saving lives, provided that it is given the required resources. It is very important to assess its effectiveness. If we determine that it is more or less effective, we must determine why and provide the necessary resources for it to function properly. Assessing whether or not something is working does not mean that it is bad; it simply means that we want to improve it.