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 15th, 2010 / 12:20 p.m.

Bloc

Maria Mourani Bloc Ahuntsic, QC

Mr. Speaker, I am very interested in what my colleague has to say. Thank you for letting me ask another question. Two very important bills were drafted to fight child pornography on the Internet. Unfortunately, though, Bills C-46 and C-47 died on the order paper when Parliament was prorogued.

To date, the government has not reintroduced these two bills, either separately or together. So far, we have seen nothing on child pornography on the Internet. The government says it is fighting to protect our children and it is drafting bills on a sex offender registry, but there needs to be a comprehensive approach. A registry is not enough. We have to be able to fight against this pornography as well. We are talking about nearly 5 million images posted and shared on the Internet, which is home to roughly 450,000 networks of people who make child pornography.

Does my colleague think this government really wants to do something about these pedophiles and producers of images and videos of our children, or does he think it is still just making a show of dealing with this issue?

Protecting Victims from Sex Offenders ActGovernment Orders

June 15th, 2010 / 12:20 p.m.

Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, do I still have 45 minutes to respond?

The answer is clear. I think that the Conservatives are stuck in the 20th century. They need to understand that we are now in the 21st century. These days, people do not commit crimes the same way they did just 20 years ago. The best example of that are crimes committed using a computer.

There are offences in Bill S-2 such as “luring a child by means of a computer system”. That is all well and good, but how do we catch these people? That is the problem, and it will continue to be a problem. This bill will not give the police the means to catch criminals.

My colleague from Ahuntsic is absolutely right. There are currently millions, perhaps even billions of pornographic images on the net. We have to find ways to give the authorities effective means to catch these criminals, who use very sophisticated tools. With all due respect, we need the right tools to do that.

Bill S-2 is good. However, the problem with the bill is that if we do not give the RCMP money to run the registry, we can call the world's biggest press conference and bring out as many victims as we want, but it will not make a difference. For a year and a half now, we have been asking the Conservatives to implement Bill S-2, but they have refused. The problem is not that they do not have the means; it is that they do not have the political will. Calling a press conference to announce their plans is just an attempt to appeal to the lowest common denominator and engage in petty electioneering. They should lay off that kind of behaviour.

To my fellow MP, I say that we must absolutely tackle this issue and that to do that, we have to give law enforcement the tools they need to put an end to these new aberrations and to catch criminals.

Protecting Victims from Sex Offenders ActGovernment Orders

June 15th, 2010 / 12:25 p.m.

Bloc

Nicole Demers Bloc Laval, QC

Mr. Speaker, I am pleased to rise in this House to speak to this very important Bill S-2. However, I find that it is a little late in the session for this, even very late, because we will be adjourning soon. I also wonder whether the government is ultimately responsible for things dragging on like this. We know that this bill has been introduced a number of times, but when the government prorogued Parliament and then called an election, bills have died on the order paper.

The government often accuses the Bloc Québécois of siding with the criminals. When we see what is going on with this bill today, we wonder whether it is the government that is siding with the criminals since the government is the one that has been holding up this bill and delaying its passage until now. We were in favour of this bill. My colleague from Charlesbourg—Haute-Saint-Charles can make faces and shake his head, but it is his government's fault that the bill is being debated in this House right now when it should have been debated and passed a long time ago.

When we talk about criminals who commit offences against young people, who are pedophiles or who commit offences against women or even men, we must ensure that the police have all the necessary tools to find those criminals and ensure that they do not commit any more offences. We were talking about pedophilia on the Internet. I must say that I had a particularly traumatic experience with that.

My grandson is 17 years old now. Two years ago, he called me at my office in Laval, where I see my constituents one day a week. He called to tell me the police were coming to the house. I wondered, “Why are the police coming to the house? What have you done?” Obviously, that was a gut reaction. We do not think it is because someone else did something. We think right away that our children are the guilty ones. So I asked, “What did you do, Alexis? Why are the police going to the house?” He said, “Grandma, someone made advances toward me on the Internet and I did what you told me, I called the police. They are coming here to see if they can catch him. They asked me to remain in contact with him on the Internet until they arrive. They are coming, they are on the way.” So I said, “OK, let me know what happens. I am in my office. I am meeting people here and cannot leave right away, but I am anxious to know what happens”.

About 30 minutes later, a policeman called me to say, “Madam, we are at your place and your grandson is with us. Do not worry. We should tell you we are going to take action to arrest this person. Through your grandson, we set up a meeting with him in a particular place and we are going to wait for him. We will hide and your grandson will be the bait so that we can catch the person”. I said, “Well, excuse me but I do not agree with that entirely. You are going to use him as a lure, as bait. How do I know that he will be safe, that he will not be at risk? We do not know who the person is. How can I be sure my grandson will not be in danger?” I was very worried and told him, “I am going home and will try to get there before you leave with my grandson”.

I obviously wanted justice to be done and this criminal arrested. That is for sure. I was also thinking about my grandson’s safety. I arrived at the house, but they had already left. My blood just froze. I thought, “What is going on? Where have they taken him? Where are they meeting this man, this criminal? Are they going to arrest him or something?” I waited and waited very impatiently for the phone to ring. I did not dare use it for anything because I did not want to miss the call. Finally, about 45 minutes later, the phone rang and my grandson said, “Grandma, it is OK, they arrested him”, and he told me where they were. They were at the variety store at the corner of Montée Masson and des Mille-Îles boulevard. They laid a trap. My grandson had said he would meet the person there. The police told my grandson, “Regardless of what he says, do not get into his vehicle. Talk to him through the window on the driver’s side to say hello and tell him you are the person he was talking to. There has to be contact. Go to the other side, but stay outside the vehicle and wait for him to say to get in”.

The two police officers were hiding; one was inside the convenience store and the other behind a bush. The man twice told my grandson to get into the car. The officers had told my grandson that when the man asked him the second time he was to open the car door. At that point, the officers would take action and arrest the man in question.

After the man asked my grandson to get into the car a second time, the police arrested him. There was a coil of rope and a knife on the back seat of his car. The police also found videos. This person had been charged a number of times in the past. Thanks to my grandson's presence of mind, and what I had taught him, this man was arrested. Today, he is in prison for a full seven years.

Under the bill presently before us, he will have to register with the registry when he leaves prison. If the bill we are debating is adopted now, he will have to register. The police will know who he is; they will know this person and be aware of his criminal activities. That may save the lives of other children. One never knows.

It is very important to the Bloc Québécois that this bill be debated, voted on and adopted. We hope that, for once, the government will do more than just talk to convince us that it wants to help victims, especially since it is not renewing the mandate of the Ombudsman for Victims of Crime. The government does not even have the courage to renew the mandate of a man who has done remarkable things for victims. His major mistake may have been to ask for money to help them.

Why does the government want to spend so much on criminals and so little on victims? If we really want to help victims, we should also provide money for them. It is nice to have a registry, but I will only be satisfied once it is efficient and once police officers can use it on a daily basis, just like they use the gun registry every day to prevent crime and to ensure that people we love are not murdered. In order to achieve that result, the government must stop introducing bills at the end of sessions. The government always pretends that it wants to put criminals behind bars. However, when we introduce legislation that would keep these criminals in jail, such as abolishing parole after serving one-sixth of a sentence, the government shows no interest.

There is a French song that goes like this: “Paroles, paroles, paroles”, talk, talk, talk. That is all the government does when it comes to dealing with criminals. And it is even worse in the case of victims. The government calls on people who make senseless speeches about deer, hunting and single mothers. It makes no sense at all. It is as if single mothers are responsible for the fact that there are no hunters anymore. And because there are no hunters, there are too many deer, and if there are too many deer around, then we do not need the gun registry. If the gun registry exists, some deer will get killed. And if deer are killed, what will single mothers do? That just does not make sense. It is as ridiculous as the billions of dollars that are being spent on the G8 and the G20. It is insane. There is no consistency at all in the government's policy against criminals. The only thing that is consistent is the lack of consistency.

Still, I hope we can vote on this bill, because it is very important for the future of our children, of the women and of the persons who are sexually abused. We also need to know the identity of those individuals who have committed other crimes.

We want to do more prevention, but we must be careful not to violate the rights and freedoms of individuals who are found not guilty by the courts, after being targeted because of a judicial error, or any other reason.

Mr. Speaker, I thank you for taking the time to listen to my remarks. I will be pleased to answer my colleague's questions.

Protecting Victims from Sex Offenders ActGovernment Orders

June 15th, 2010 / 12:35 p.m.

Bloc

France Bonsant Bloc Compton—Stanstead, QC

Mr. Speaker, I noticed that you were paying close attention to my colleague's speech.

I think that what is happening to our young people is very unfortunate. Young men and women are not safe from many things. I have daughters, and I was a bit of a mother hen. I am not siding with the criminals; on the contrary.

The Conservative government has been talking about law and order non-stop for four years. Everyone knows that I introduced a bill in this House to provide assistance to victims. It is not simply a matter of locking up criminals and giving them a steak once a week. My bill provides emotional and financial assistance to individuals whose loved ones are murdered or go missing.

Is my colleague aware of other bills introduced by the Conservatives that do as much as mine does to help victims?

Protecting Victims from Sex Offenders ActGovernment Orders

June 15th, 2010 / 12:35 p.m.

Bloc

Nicole Demers Bloc Laval, QC

Mr. Speaker, there is a bill on Canadian Heritage and another for veterans. Is there one on agriculture? I do not think so, because the government wants to get rid of farms that take advantage of agriculture programs. There are no bills to specifically help victims of crime. That is what we find most disappointing. Fighting crime is good, but it would be even better to ensure that crime victims receive the care they require, the resources they need and money to get themselves back on track, reintegrate into society and start living a normal life.

Protecting Victims from Sex Offenders ActGovernment Orders

June 15th, 2010 / 12:35 p.m.

Bloc

Maria Mourani Bloc Ahuntsic, QC

Mr. Speaker, I would like to thank my colleague for her excellent speech and especially her very personal story about what many parents in Quebec and Canada and around the world have to go through.

The first thing that struck me as I listened to her speak was that we should have a bill that would allow police officers who receive this sort of report to ask the Internet service provider for the IP address of the guy who contacted the young person. If such legislation were in place, the police officer would not have taken the risk of using the hon. member's grandson as bait and putting his life in danger—had anything gone wrong—to catch the predator, who was a repeat offender.

If the boy had panicked and been afraid, the offender would have reacted. If he had had a gun, not a knife, what would have happened? If the police could tell an Internet service provider they had had a report and wanted the guy's IP address to catch him at home, this problem would not have occurred.

Does my colleague not think that enough is enough and that the government should bring back this bill when the House reconvenes in September, and not at the last minute, so that we can deal with it quickly and by the end of December everything will be settled and the police will have this tool available?

Protecting Victims from Sex Offenders ActGovernment Orders

June 15th, 2010 / 12:40 p.m.

Bloc

Nicole Demers Bloc Laval, QC

Mr. Speaker, I agree completely. The police also need the money to take action. When this happened to my grandson, he told me he would like to go into schools and tell other young people what had happened to him. He talked to the people at the police station. They told him it was a good idea, but they had no money for that sort of thing.

There is no money for prevention or for obtaining IP addresses. There is no bill on the horizon to ensure that these offenders will be arrested before they commit or think of committing a crime.

Protecting Victims from Sex Offenders ActGovernment Orders

June 15th, 2010 / 12:40 p.m.

Bloc

Maria Mourani Bloc Ahuntsic, QC

Mr. Speaker, thank you for giving me the opportunity to ask another question.

Regarding public safety in general, I wonder what my colleague thinks not only of this bill, but of all of this government's actions, regarding everything from firearms to the lack of resources given to the police for Internet crimes. There is absolutely nothing to stop criminals. On the other hand, I find—and my colleague can correct me if I am wrong—that they are very good actors when they put on their show for victims and children. Every time they put on their show, there are always victims with them. They find a way to exploit people's suffering. They even named one bill “Sébastien's law". How could they do something so appalling? Would my colleague not agree that this government does not care at all about public safety? All it cares about is putting on a show for the next election.

Protecting Victims from Sex Offenders ActGovernment Orders

June 15th, 2010 / 12:40 p.m.

Bloc

Nicole Demers Bloc Laval, QC

Mr. Speaker, my hon. colleague is quite right. They have been putting on these shows every day for nearly four and half years now, every time they introduce a bill to get tough on crime. It is time for the government to walk the talk. This government is all talk and no action when it comes to taking care of the victims of crime.

Protecting Victims from Sex Offenders ActGovernment Orders

June 15th, 2010 / 12:40 p.m.

The Acting Speaker Barry Devolin

Is the House ready for the question?

Protecting Victims from Sex Offenders ActGovernment Orders

June 15th, 2010 / 12:40 p.m.

Some hon. members

Question.

Protecting Victims from Sex Offenders ActGovernment Orders

June 15th, 2010 / 12:40 p.m.

The Acting Speaker Barry Devolin

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Protecting Victims from Sex Offenders ActGovernment Orders

June 15th, 2010 / 12:40 p.m.

Some hon. members

Agreed.

Protecting Victims from Sex Offenders ActGovernment Orders

June 15th, 2010 / 12:40 p.m.

The Acting Speaker Barry Devolin

I declare the motion carried. Accordingly, the bill stands referred to the Standing Committee on Public Safety and National Security.

(Motion agreed to, bill read the second time and referred to a committee)