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

June 14th, 2010 / 5:55 p.m.

Bloc

Serge Ménard Bloc Marc-Aurèle-Fortin, QC

Mr. Speaker, in this session we were often told by the Conservatives that they were looking after the victims and that the opposition was only thinking of the rights of criminals. That is obviously the height of partisan propaganda. Asking for fair and balanced laws does not mean that we are somehow in favour of crime.

I would like to ask the member if he could identify one bill, introduced in this session, that will help victims. They reason that by increasing sentences they are helping the victims. However, it is of little comfort to victims to know that sentences will be harsher. Can he indicate another bill that helps victims?

Protecting Victims From Sex Offenders ActGovernment Orders

June 14th, 2010 / 5:55 p.m.

Conservative

Brent Rathgeber Conservative Edmonton—St. Albert, AB

Mr. Speaker, the hon. member makes it too easy for me to limit my response to only one bill, but I will talk about Sebastian's law, the amendments to the Young Offenders Act, which are currently before the justice committee.

As the hon. member knows from his participation at committee, young offender crime, although statistically on the decline, with respect to crimes of violence has stabilized and in fact has slightly increased over the last decade. What we have experienced in the area of youth crime is a shift from non-violent youth crime to serious youth crime.

The bill is not only named after a victim of a brutal murder, but it calls for denunciation and deterrence as prospects of sentencing. Victims' groups support it. Police support it. It is one of many bills this government has introduced and is in the process of passing that have been called for by Canadians, by victims, and certainly support victims.

Protecting Victims From Sex Offenders ActGovernment Orders

June 14th, 2010 / 5:55 p.m.

Bloc

Serge Ménard Bloc Marc-Aurèle-Fortin, QC

Mr. Speaker, it seems that the member and his party believe that increasing sentences—threatening people with longer sentences—is the only way to help victims.

Does my colleague believe that, with our help, he could identify other ways?

Protecting Victims From Sex Offenders ActGovernment Orders

June 14th, 2010 / 5:55 p.m.

Conservative

Brent Rathgeber Conservative Edmonton—St. Albert, AB

Mr. Speaker, perhaps it will only be the member and I who will participate in this debate, so I will ask him a question. Which government established the office of the victims' ombudsman?

Protecting Victims From Sex Offenders ActGovernment Orders

June 14th, 2010 / 5:55 p.m.

Bloc

Serge Ménard Bloc Marc-Aurèle-Fortin, QC

Mr. Speaker, the member who spoke before indicated off the top that this is an old, non-partisan bill that not only received the approval of all parties in the House but was also tested in various provinces and supported by the attorneys general. I do not believe that this is true. The current bill does not establish a system; instead it improves on the system established in 2004.

If there is unanimous support for improving this system, why have they waited so long to pass the bill? If a minority government wishes to adopt bills, it should start with matters supported by the other parties. In this case, not only has it taken a long time for the government to present amendments to the Sex Offender Information Registration Act but, in addition, after it was adopted in committee, the government decided to prorogue and thus kill the bill. Now, it has waited for the end of the session to present it again to the House of Commons, after a major detour through the Senate.

This shows, once again, that when this government introduces crime bills, it does not care what effect they have on crime. All the government cares about, as the member for Ahuntsic explained very well, is scoring any election points it can. By introducing a bill several times, the government has the opportunity to make speeches to show the public that it is fighting crime. But the previous speaker made it quite clear that the government has only one idea: increasing penalties.

It is funny to hear the Conservatives talk about Sébastien's Law. Normally, when we name a bill after someone, after a victim, it is because we are providing a solution for the crime in question. I am very familiar with the case of Sébastien Lacasse, who lived in my riding. This case is a perfect example of how the current Young Offenders Act works very well, and the member knows it. Youth crime has decreased. So what needs to change?

Violent crime has increased in some parts of the country, but overall, it has gone down. If Canada were the country I dreamed of before I became a sovereignist, the majority would, from time to time, get its inspiration from what the minority was doing right in solving its problems. The fact that we are so divided is yet another example. The Conservatives do not know that the model for treating young offenders in Quebec has had spectacular results. There is approximately 50% less youth crime, not just in terms of charges against young offenders, but also in terms of overall crime. Crime is measured the same way across the country, with uniform crime reports, which are filled out whether or not charges are filed.

The Conservatives are ignoring the success in Quebec. They do not want to do the same thing as that province. Another great example of failure. There are problems in the west, and they could be looking to Quebec to help solve them.

The Conservatives would rather turn to the southern United States to see who has won elections handily. They see the Republicans in the south who are tough on crime. That is their solution instead of being smart on crime.

This time around the Conservatives have our support for this bill because it is truly smart on crime. It is only smart if the registry is used as a way to track certain criminals and provide protective measures, but not if it is used as additional punishment for those already convicted of sexual offences. When I listen to the Conservatives, I realize that is the part they are latching onto again. To them, criminals do not receive harsh enough punishment from judges. It is not enough to have harsh sentences; there needs to be something more. Sex offenders need to be registered somewhere so that the police force is aware of them, with the hope perhaps that the police will go and bother them once in a while.

However, I know that measures will be taken. They are even in the legislation that was passed, not by the Conservatives, thank heavens, but by the Liberals. They thought about it and they stipulated in the legislation that only police forces need to know who is registered.

When this was passed the first time, we told them this would increase the burden on the DNA registry. DNA is not like fingerprints. It is much more complicated. It requires trained technicians. I believe it even requires a university science education or certainly advanced college training. Not just anyone can enter the registration and do the scientific processing correctly so that a proper analysis can be made the next time they see the same DNA. It is quite complicated. I am not talking about DNA samples because anyone can collect DNA samples.

It is too bad I do not have the information in front of me, but I think it requires at least 18 months of training to collect samples, and it takes years to develop the necessary skills to testify in court.

Someone before me already mentioned how insignificant these budget increases have been. They are just pretending. It is another example of the Conservative attitude: they claim to be doing something but the money does not follow. They introduced this bill at the end of the session; it will most likely disappear. Perhaps there will be another prorogation in the fall, or perhaps an election will be called. And finally, this bill, which would have had everyone's support, will once again die on the order paper. And if ever the Conservatives are in power again, they will have a fourth opportunity to introduce it again and give the impression that they are doing something to fight crime.

They also want to increase the number of offences. That can be done, but I told them when we discussed it that instead of increasing the scope of the registry, perhaps we should provide the resources to deal with the registry's backlog because it is enormous already.

However, I recognize that there are some good things that show, once again, that this bill is smart on crime. It will make some improvements. For example, there has been no information about the offender's vehicle in the registry. It is good that the police can track the vehicle when an offender is on the move.

The legislation also provides for sharing this type of police information across the country, which is also useful. And that was the key, by the way, to the success of operation Carcajou.

Those were measures that made a difference in the fight against crime. They are not the same as simply giving longer sentences all the time. That was another good thing about it.

One improvement has to do with removing the restriction on using it only during sexual crime investigations. The best example of when that can be critical is when a child is kidnapped.

Police officers might find it useful to be able to look up whether a person on the sex offender registry lives near where a child was kidnapped. The police could then quickly check with those people to make sure they were not involved. We were given a remarkable demonstration of the software that supports that kind of lightning-fast search in Ontario. It is good to know these things right away. In the vast majority of cases, I believe in 90% of cases, when kidnappings are not solved within 48 hours, they will never be solved.

In most of the Conservatives' bills—this one is a big exception, and that is why we will vote in favour of it—they ignore the issues that need to be dealt with. Everyone in the House agrees, and the general public is nearly unanimous that Parliament made a mistake—I was not here, so it is easier for me to talk about it—when it decided to amend the law to allow those convicted of non-violent crimes to get out on parole after serving one-sixth of their sentence.

We are totally opposed to this. I even introduced a bill on it myself. It does not need to be very complicated for the simple reason that the legal provisions allowing for release after one-sixth of the sentence has been served apply to only two sections in the Criminal Code. These sections were added at the last minute in one of those marathon sessions on omnibus bills. I do not think the government realized, in its haste, what it was doing.

We are often against minimum sentences and undue increases in sentences. When it comes to incarceration rates, Canada ranks in the middle of the list of 175 countries. That is the reality and we do not see the need for increases, except in individual cases. In the matter before us today, we would like to see more incarceration.

We think, though, that sentences must be individualized and pronounced in full knowledge of the law by an impartial person who has had an opportunity to hear both parties before making a decision and who must, we should note, also apply around 20 criteria already provided in the legislation. We think it is rather insulting to say an individual can be released after serving one-sixth of his sentence after an impartial judge has taken all these precautions and rendered a decision. When this is done, it does not reflect the work the judge did and the decision that has been made.

I would like to ask them again what they have done to help victims other than providing for heavier sentences.

In the Bloc Québécois, we are concerned with fighting crime. It is not about the political shows that the hon. member for Ahuntsic described so well, but about really helping victims. That is why one of our colleagues, the hon. member for Compton—Stanstead, tabled a bill that would give crime victims and their relatives about the same benefits they get under the Quebec legislation.

In Quebec we give two years to people who have been affected by a crime, either as the victim or because a relative of theirs was victimized and they have to care for that person. Her bill would therefore provide the same benefits for things that fall under federal jurisdiction. The federal government also has one very full treasure chest that is still running surpluses, from which it pinches a bit occasionally and from which it took an awful lot during its first attempt to reach a zero deficit, that is to say the employment insurance fund. A measure like this would not greatly increase the employment insurance payouts.

What is the government waiting for to enact this bill, which would genuinely help victims? Compare the federal ombudsman for victims of crime, the material and psychological assistance that victims are offered, to the satisfaction they might get from seeing the person who committed the crime serving an additional few months or years in prison. I think a majority of victims would much prefer to get the help we could provide for them, as in fact is done in Quebec.

And then my colleague from Ahuntsic has done a remarkable job of advocating for bills C-46 and C-47, other measures that create an obligation for Internet service providers to report pornography on the Internet.

Everyone supports that, except perhaps Conservative campaign contributors who own Internet service companies. Everyone supports it, including the police across the country. In fact, coincidentally, a counsellor with a Quebec police force was just talking to me this morning and asking me what had become of Bills C-46 and C-47. But they are not doing it.

In this case, the Conservatives are showing us that they can sometimes propose laws that do more to combat crime. In such cases, they can count on the Bloc Québécois to support them. We may have a few comments to make in committee about things that are extreme, but I have not found a lot. We will be able to discuss it in committee. They can be assured that when we do that, it is not because we are eager to stand up for criminals; it is because we want the laws to be written properly so they will be just.

In this case, this bill is smart on crime, and so we will support it. That shows that the Conservatives can count on the Bloc Québécois when they introduce something that truly and effectively combats crime and is not just intended to show that they are tough on crime.

Protecting Victims From Sex Offenders ActGovernment Orders

June 14th, 2010 / 6:15 p.m.

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I am very pleased to rise today to speak to this bill. I have to say at the outset that I was very impressed with the approach of my friend, the member for Edmonton—St. Albert, to the bill. If the Conservatives put him in charge of the justice agenda, we might see better results than we are seeing right now. I do not know how much better, I do not want to go too far, but from what I have seen so far, he would be a big improvement on the front bench on that side. I would change some of the management if I were at the top over there, but I am not, of course.

This bill is one which we will support going to committee at second reading. We will examine it further and look at potential amendments. There is not a lot that I personally see wrong with the bill. The statutory review of the sex offender information registry by the public safety committee was under way with a confidential draft report having been circulated to the committee members on May 29. Despite this, typical of the government, in the same vein that it proceeded with the pardon issue, it chose to table the changes to the registry on June 1 in the form of Bill C-34.

In terms of the key aspects of this legislation, one of the major provisions is the mandatory registration of those convicted of a designated sexual offence. Currently, registration must be applied for by the prosecutor and granted by the judge. If an application is made, an order shall be issued, unless the offender can show that the impact on his liberty is grossly disproportionate to the public interest in protecting society.

The second aspect to the legislation provides for mandatory DNA sampling of those convicted of a designated sexual offence. Currently, the sampling must be applied for by the prosecutor and granted by the judge.

Another aspect of the legislation is the expanding of the police's ability to access the registry for crime prevention purposes. Currently, police can only access the registry to investigate a crime that has occurred with reasonable belief that it is sexual in nature. In terms of crime prevention, this is a matter that was mentioned by several other members this afternoon. I believe this is part of the Ontario legislation. I am looking to the member for Edmonton—St. Albert for confirmation on that. I believe that the ability to look at crime prevention is in the Ontario legislation and that has provided the impetus for us to look at that as an improvement to the federal act.

All we have to do is look at the statistics between the two pieces of legislation to see that the Ontario legislation has a much higher number of people on the registry than the federal registry does. Police evidently have a much greater appreciation and respect for the Ontario registry than they do for the federal registry.

The federal registry has been around for a number of years. Once again, the member for Edmonton—St. Albert pointed out that in 1997 the premiers and attorneys general of the day got together with the federal government and there was a lot of early co-operation which started this process moving. We owe it to our predecessors for having the foresight to move, but it was the province of Ontario that was the first to proceed. It appears to be the template for the federal legislation.

It is important to note that once the federal legislation was in force, there was to be a review process. That is what Parliament was engaged in when the government decided to bring in its own legislation. Once again, the government is short-circuiting the process, much as it did with the pardon legislation.

Many members have spoken about the process of the Prime Minister proroguing the House and having us start over again. I believe that the member for Churchill spoke at length about the potential for having omnibus legislation, as much as we do not like it. When it comes to Criminal Code changes, our justice critic, the member for Windsor—Tecumseh has spoken several times about the need to revise the entire Criminal Code of Canada. It is long overdue and it is a huge act.

We should take an omnibus approach to the bill. This would be an argument for that approach. We would include all of the amendments to the Criminal Code in one omnibus bill and bring the Criminal Code up to date, rather than what the Conservatives are doing. They are bringing the Criminal Code amendments in one at a time in a boutique approach so that they can get a press release and a bump in the polls for each and every initiative. In fact, they should just include them in one big omnibus bill and be done with it.

The difference between that approach and the idea of using omnibus bills in terms of budget implementation is that the Conservatives use the omnibus approach and go way beyond budget implementation. They throw in the post office remailers, the sale of AECL, and on and on. We are talking about an omnibus bill that would deal with Criminal Code changes and all of these particular issues. Then we would not have this constant problem of being stuck with prorogation and election calls.

If things go well at the summits and the numbers start to improve in the next few weeks, knowing that their long-term future is not so rosy, the Conservatives may decide to cut their losses and call an election in September. We would be at it again and all of these bills would be back at square one and after the election we would have to go through this whole process again.

Protecting Victims From Sex Offenders ActGovernment Orders

June 14th, 2010 / 6:20 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

We will have a majority government

Protecting Victims From Sex Offenders ActGovernment Orders

June 14th, 2010 / 6:20 p.m.

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, a Conservative member said that they are going to have a majority government. I say dream on. That is never going to happen with that government. The reality is that things are getting a little bit desperate over there because they know that time is not on their side. The Conservatives are finishing their fifth year in government now. While things may look reasonably rosy relatively speaking, when one starts adding months and years to their longevity in government, there is a certain time when things are going to start to fall and they will not be able to regain.

My point is that that is the agenda they are following and it causes problems for the legislative agenda. The political agenda rules over the legislative agenda. The Conservatives could care less about the legislative agenda. They are really looking at it in terms of the day-to-day politics, how well they can do in the polls and what they can gain out of it. That is not how they should be governing in terms of the legislative agenda with respect to crime. The police forces need action now. The public deserves better from the government. It deserves an intelligent, smart on crime approach, which it is not getting from the government.

In terms of the other provisions of this bill, it also expands the registry to include those convicted of sexual offences outside Canada. That is very important given the identification of sex tourism. It probably existed for many years, but it has only come to public attention over the last decade or so. I think we could all agree that is an excellent improvement to the registry.

Another excellent improvement is the expansion of the type of information included in the registry, including necessary administrative fields that are currently absent.

Another positive aspect would be allowing the police to notify authorities in other foreign and Canadian jurisdictions when a registered sex offender will be travelling to their area.

There are also various administrative changes to improve coordination and communication between different agencies.

There was some mention in terms of information such as the identification of the type of car that was being driven and a certain expansion of information regarding the offenders that is not currently allowed in the registry. There is no point in having information in a registry that does not allow the police to get proper information. It is very important to have information such as phone numbers and car identification.

Protecting Victims From Sex Offenders ActGovernment Orders

June 14th, 2010 / 6:30 p.m.

The Acting Speaker Barry Devolin

The hon. member for Elmwood--Transcona will have nine minutes when the House returns to this matter.

The House resumed from June 14 consideration of the motion that Bill S-2, An Act to amend the Criminal Code and other Acts, be read the second time and referred to a committee.

Protecting Victims from Sex Offenders ActGovernment Orders

June 15th, 2010 / 11:05 a.m.

The Speaker Peter Milliken

When the bill was last before the House, the hon. member for Elmwood—Transcona had the floor. There are nine minutes remaining in the time allotted for his remarks. I therefore call upon the hon. member for Elmwood--Transcona.

Protecting Victims from Sex Offenders ActGovernment Orders

June 15th, 2010 / 11:05 a.m.

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I am pleased to be back speaking to the bill today which, as I indicated yesterday, was Bill C-34 and is now Bill S-2, an act to amend the Criminal Code and other acts. Several acts are being amended by virtue of this legislation.

This enactment amends: the Criminal Code, the Sex Offender Information Regulation 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, 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.

The government has given it a slightly different title. It is calling it the protecting victims from sex offenders act. It has done that with a number of its crime bills.

As I have indicated, the more important legislation that is being amended is the Sex Offender Information Registration Act as well as the DNA data bank.

I will start with the Sex Offender Information Registration Act which came into effect on December 15, 2004, and established a national sex offender database that contains information on convicted sex offenders.

The purpose and principle of the act is to help police services investigate crimes of a sexual nature by requiring the registration of certain information relating to sex offenders. Information such as addresses, telephone numbers, offences, the aliases they may have used, identifying marks, places of employment, tattoos and when they leave their place of residence is all included in the national database.

The registry works to enhance public protection by helping police identify possible suspects known to be near the offence site. The above noted purpose of the registry is to be achieved in accordance with the following principles: first, in the interest of protecting society through the effective investigation of crimes of a sexual nature, police services must have rapid access to certain information relating to sex offenders; and second, the collection and registration of accurate information on an ongoing basis is the most effective way of ensuring that such information is current and reliable.

Police officers appearing before the committee during the review explained that time was of the essence in investigating crimes of all types but no more so than with crimes of a sexual nature, particularly in the case where a child has been kidnapped. During their appearance, the committee was told that in cases where children are kidnapped and murdered 44% were dead within an hour of the kidnapping, 74% were dead within three hours and 91% were dead within 24 hours. We can see that time is absolutely crucial and vital in such cases. We can see that the need to have an extremely quick ability for our police forces to access a data bank of known sexual offenders is critical, particularly in cases where children are involved.

The national sex offender registry is administered and maintained by the RCMP on a national basis and, upon conviction of a designated sexual offence that is enumerated by the act, which is a long list of offences, in one category the Crown may make an application for an order. There is another category of offences under the Criminal Code that are not sexual in nature per se but they may have a sexual component, for example, break and enter. Break and enter is normally not a crime of a sexual nature but if a person is breaking and entering for the purpose of committing a sexual assault, then that second group provides a type of offence that registration may be applied for.

Currently, the Crown may make application upon conviction for an order requiring the sexual offender to register within the database. Such an order is to be made as soon as possible after sentence is imposed for a designated offence or after the court renders a verdict of not criminally responsible for such an offence on account of a mental disorder. For certain designated offences, the court shall make the order when the Crown has proved beyond a reasonable doubt that the act was committed with the intent to commit one of the designated sexual offences.

The Criminal Code also requires the court to give reasons for making or refusing an order to register. Currently, there is no automatic registration of offenders upon conviction. Rather, it is left to the discretion of the prosecution and the court to grant such an order. Of course, there is a reverse onus on the accused.

Now a prosecutor has the discretion to make an application and such an application is routinely granted unless the accused meets a very high test of showing why that order ought not be granted. Depending on the offence for which an offender is convicted, he or she must be registered for one of the following three periods: one, a minimum of 10 years for summary conviction offences; two, 20 years for offences where the maximum term is 10 to 14 years; and, three, life for offences for which the maximum term is life itself.

In terms of reporting obligations, if sexual offenders are the subject of an order, they have to register with the police within 15 days after such an order, with a wide variety of information, such as their address, place of work, if they are leaving their domicile for more than 15 days, identifying marks and tattoos, or aliases. If any of those factors are changed, they must be indicated to the local police force very quickly.

These orders, quite properly, are very serious. They impose serious incursions on a person's liberty for a long time, as they properly should. It is important to note that the preamble and purpose of the statute as it is presently written make it abundantly clear that the purpose of the act is to help police investigate crimes of a sexual nature. This means that prior to searching the database, police must have reasonable grounds to believe that a crime has been committed and that it is of a sexual nature.

Police officers have said that this is too rigid a test, particularly in the case of an abducted child. When a child has been reported missing, they may have reasonable grounds to believe that a crime has been committed, but they may not have the basis to suspect that it is of a sexual nature. We think it is reasonable to expand that purpose so the police can have quicker access, do not have to satisfy this rigid test and have access to the registry quickly.

In addition, police officers have said they require a subject vehicle's information, which is another current deficiency of the act. By the way, that is being included in Bill S-2 as a result of the NDP at committee. Presently, an offender under such an order does not have to indicate vehicle registration. We think it is important the amendment be made to make the act clear because very often sex offenders are spotted in cars near schools or other areas where there might be vulnerable citizens. It is important that police know to whom a vehicle is registered in order for a rapid response.

Protecting Victims from Sex Offenders ActGovernment Orders

June 15th, 2010 / 11:15 a.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Madam Speaker, let me say at the outset that the member's speech is the type of speech in the House of Commons from which we can all benefit. It was a very serious treatment of a very serious issue. His speech has elevated the calibre of the debate in the House of Commons. It was factual, poignant and fitting of the serious subject matter we are dealing with. I think we could all take a lesson from the quality and the calibre of the speeches that my colleague from Elmwood—Transcona regularly, in fact constantly, gives in the House of Commons.

There is one thing on which I would like the member's views, and perhaps he could elaborate. Does he think that this bill, which was introduced through the unelected Senate I might point out, is a perfect example of the Conservatives playing politics with a serious issue rather than giving the serious issue the treatment that it deserves, the type of treatment that was typified by the speech from my colleague from Elmwood—Transcona?

Would he not agree that we could have had this issue dealt with and victims' rights would have been protected had the Conservatives not introduced this bill, then prorogued Parliament, then kept us waiting for months, and then when they chose to reintroduce the bill, they chose not to bring it back through the House of Commons? Actually the public safety committee had already done a statutory review of this very issue just prior to the introduction of this legislation. The Conservatives caused delays of months and months to the point that we are only just getting around to debating this now when the legislation had already been introduced prior to prorogation. The legislation could have been in place, up and running and protecting children as we speak.

I would like my colleague's comments on whether he believes this is a strategy on the part of the Conservatives, to introduce these crime bills and victims' rights bills with no intention of seeing them through to conclusion. In fact, would the member not agree that the Conservatives intend to use these issues on the doorstep during an election campaign, pointing to the opposition parties and saying that the Conservatives keep trying to introduce these crime bills to protect victims and the opposition parties will not let them get them passed?

In actual fact, the Conservatives are the architects of their own demise on these crime bills. It is the height of hypocrisy. If they cared about crime and justice, the Conservatives would introduce these bills and see them through so that they in fact got third reading, royal assent and became the law of the land instead of a political football on another Conservative campaign leaflet.

Protecting Victims from Sex Offenders ActGovernment Orders

June 15th, 2010 / 11:15 a.m.

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, I think the member is on to the Conservatives on the basis of his analysis. That is exactly what is going on here. This is a very confusing process to the viewers who are watching today. What we saw with the pardon legislation yesterday was that the Conservatives did an examination of the pardon system because of a news article four years ago. They decided there was nothing wrong with the pardon system, and then recently they had one of their backbenchers introduce a motion in this House to study the pardon system and report back within three months. All of a sudden there is an article in the paper about Graham James, and boom, the Conservatives brought in a bill and undercut their backbencher who has credibility on the whole pardon issue in the first place. Basically, they took her off the agenda completely.

Now we are talking about Bill C-23, the issue of pardons. This bill has had a similar sort of routing. The committee met last year on the bill, and then the government prorogued the House and we have had to start the process all over again.

This bill could have been passed and enforced already. This bill and most of the other bills in the Conservative crime agenda could have been dealt with had it not been for proroguing the House. Then, as the member said, the Conservatives turn around and end up bringing these bills back through the Senate. That adds an additional level of confusion in the whole process. At the end of the day the bills are the same.

The fact of the matter is the NDP supports sending this bill to committee. We were in favour of it last year, too. There are some improvements that have been made through the committee process. I think it is just a matter of getting this bill off to committee, and hopefully we will get it through, unless or until the government prorogues again. If the Conservatives manage to short-circuit the process and they call an election in September, we will be back to square one again after the next election.

Protecting Victims from Sex Offenders ActGovernment Orders

June 15th, 2010 / 11:20 a.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Madam Speaker, I would like to reiterate equal concern with respect to the path that this bill has followed. For a government that supposedly believes in law and order, protection of citizens and avoidance of crime, we have to ponder why on earth it would prorogue and kill all of its crime bills. We would like this bill to go to committee, but there is one issue that troubles me about the progress of these crime bills.

In the environmental law work that I have done and the many governments that I have worked with around the world, I have always encouraged them to follow principles when a bill is being considered for tabling. Simultaneously, any implementing regulations and guidelines should be considered, as well as the budget and resources and training necessary.

I note that when Mr. Steve Sullivan, the federal ombudsman for victims of crime, testified previously on this bill, before prorogation, he begged for a mere $5 million to fund advocacy centres for child victims of sexual crimes in order to help them and to prevent future crimes.

I wonder if the hon. member could speak about whether or not he thinks it is appropriate for the government to spend $2 billion on a two-day summit but cannot find $5 million to protect child victims of sexual abuse.