Tougher Penalties for Child Predators Act

An Act to amend the Criminal Code, the Canada Evidence Act and the Sex Offender Information Registration Act, to enact the High Risk Child Sex Offender Database Act and to make consequential amendments to other Acts

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Peter MacKay  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Criminal Code to
(a) increase mandatory minimum penalties and maximum penalties for certain sexual offences against children;
(b) increase maximum penalties for violations of prohibition orders, probation orders and peace bonds;
(c) clarify and codify the rules regarding the imposition of consecutive and concurrent sentences;
(d) require courts to impose, in certain cases, consecutive sentences on offenders who commit sexual offences against children; and
(e) ensure that a court that imposes a sentence must take into consideration evidence that the offence in question was committed while the offender was subject to a conditional sentence order or released on parole, statutory release or unescorted temporary absence.
It amends the Canada Evidence Act to ensure that spouses of the accused are competent and compellable witnesses for the prosecution in child pornography cases.
It also amends the Sex Offender Information Registration Act to increase the reporting obligations of sex offenders who travel outside Canada.
It enacts the High Risk Child Sex Offender Database Act to establish a publicly accessible database that contains information — that a police service or other public authority has previously made accessible to the public — with respect to persons who are found guilty of sexual offences against children and who pose a high risk of committing crimes of a sexual nature.
Finally, it makes consequential amendments to other Acts.

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.

Votes

Nov. 24, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.

Tougher Penalties for Child Predators ActGovernment Orders

June 2nd, 2014 / 9:45 p.m.
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Central Nova Nova Scotia

Conservative

Peter MacKay ConservativeMinister of Justice and Attorney General of Canada

moved that Bill C-26, an act to amend the Criminal Code, the Canada Evidence Act and the Sex Offender Information Registration Act, to enact the High Risk Child Sex Offender Database Act and to make consequential amendments to other acts, be read the second time and referred to a committee.

Mr. Speaker, I am always pleased to rise in this splendid chamber to be with my colleagues, particularly to speak to such an important bill as Bill C-26, the tougher penalties for child predators act.

The bill, as members know, would touch upon three on three important areas: sentencing reform; the Canada Evidence Act, the evidentiary reforms we believe necessary; and enhancing the practical tracking of sex offenders through our public safety department.

The bill would represent another positive, significant initiative that our government has brought forward to address one of the absolute worst forms of crime: the sexual abuse of children.

As a new father, I must say that in addition to the joy that a child brings to one's life, it is certainly also a stark reminder of the vulnerability of young children and the sacred duty that we all share to protect our youth, particularly, children who are subject to sexual abuse.

It is incumbent upon us to continually assess the current adequacy of the law in that regard. How does our criminal law in fact protect our children and ensure that we are effectively and comprehensively addressing these heinous crimes of sexual abuse?

Sadly, children and youth are far too likely to become victims of sexual offences, more so than adults. For instance, in 2011, police reported that cases had actually gone up. Reported rates indicate that children were five times more likely than adults to be victims of sexual assault. In fact, in 2012, police reported incidents of child sex offences had increased by 3%, and that was up over 3% the year before that. These statistics from Justice Canada indicate, clearly, that the current laws have to be examined and improved. That is what we are attempting to do.

The statistics, of course, do not tell the full story. They do not tell, or speak to, or truly reflect the devastating lifelong impact of a sexual offence on a child.

The amendments to the Criminal Code, the Canada Evidence Act and the Sex Offender Information Registration Act set out in the bill would help to ensure that any offenders who have committed sexual offences against children are fully held to account for crimes committed against the most vulnerable members of our society. These amendments would also serve as a deterrent for these heinous crimes.

The bill would also create a high-risk child sex offender database. Practically speaking, this would assist in protecting society's most vulnerable from those who are known to have offended against them and those who are most likely to do so again: a classic incurable pedophile.

To achieve these important objectives of protection, the bill would maintain several different components. First, maximum and minimum penalties for certain Criminal Code child sexual offences would be increased, building upon the recent reforms that were enacted by the Safe Streets and Communities Act, formerly known as Bill C-10.

The Criminal Code already contains comprehensive provisions protecting children from sexual exploitation, including both general and child-specific sexual offences.

The child sexual offence reforms would ensure that anyone who commits any of these offences against a child faces a mandatory minimum penalty. That means jail time, in all cases, if someone sexually abuses a child.

Yet more can be done. The bill proposes, further, to increase the mandatory minimum penalties and maximum penalties that would apply to child sex offences to better deter and denounce this type of heinous offence. Maximum penalties for breaches of prohibition orders, probation orders, and peace bonds, all of which can be described as supervision orders and aimed at protecting those who are most vulnerable again from an individual who has been released who has arguably already been afforded the opportunity to be back in society, albeit with restrictions.

The intent here is to ensure that when people violate conditions imposed by a court, conditions that were aimed specifically to protect a child, there will be accountability. A stay-away order, for example, from schools, pools, and playgrounds is a classic attempt to keep sex offenders away from children. When those violations of probation occur, there would be a specific offence attached.

These tools would authorize judges to impose conditions on child sex offenders or suspected child sex offenders by prohibiting unsupervised contact with children. Again, that would be a protective order made by a court to hopefully pre-empt any further offence. If those pre-emptive orders were breached, the bill would bring about criminal accountability.

A sentencing judge would have to consider imposing a probation order on an offender convicted of a sexual offence on a child, and probation orders could be imposed on an offender sentenced to two years' imprisonment. A peace bond could also be imposed if there were a reasonable fear that a person would commit a child sex offence.

Strict adherence to the conditions imposed by these supervision orders significantly reduces the risk of reoffending. Many breaches of supervision orders do not involve the commission of a new offence that would warrant a new charge, but any breach of a condition imposed to protect children, we believe, would be a significant indicator of risk to children.

Accordingly, the protection of children and the prevention of sexual offences against them demand significant condemnation of all violations of supervision orders. Importantly, this bill would increase the penalties for breaches of the new probation order proposed by Bill C-13, the protecting Canadians from online crime act, so I would describe this as sister legislation. As the Speaker is aware, this new offence of non-consensual distribution of intimate images very often includes a pre-emptive attempt to stop the spread of the offending material.

We know that in the case of young suicides, it is that devastating feeling of hopelessness that the material on the Internet is being passed around not only in the community but literally around the globe. It has a devastating psychological impact on the individual. This new legislation aims not only to help remove the material but also in some cases to restrict the offender or the accused from having any further contact with that young person, so there is very much a connection between this bill and Bill C-13, I would submit.

This amendment would ensure that penalties for both the new probation order and for child sex offence prohibition orders are consistent. Again, it is important that we have consistency in the legislation.

The bill also proposes sentencing reforms that would clarify and codify the rules regarding the imposition of concurrent and consecutive sentences, something that there has been confusion on in the past. In general, concurrent sentences are imposed and served simultaneously for two or more convictions that arise out of one continuous act or single transaction, often referred to in the courts as the same event or series of events rule.

Conversely, consecutive sentences are imposed and served one on top of the other for multiple convictions for unrelated offences, as they arise out of separate criminal transactions. The concepts of concurrent and consecutive sentences predate Confederation. Amendments over the years have complicated the statement of the rule contained in the Criminal Code to the point that it sometimes offers little guidance to the courts.

To address this deficiency, the proposed amendments would direct courts to consider ordering, where applicable, that sentences of imprisonment be imposed and served consecutively. That is to say that when the court would sentence the offender for multiple offences at the same time, the proposed amendments would direct courts to consider ordering that the terms of imprisonment for offences arising out of separate events or a separate series of events would be served consecutively.

This bill also proposes to codify the approach of the courts when one of the offences was committed either while on judicial interim release—or bail, as it is commonly known—or while the accused was fleeing a police officer. In such cases, in order to discourage offenders from committing offences with impunity, courts would usually order that the offences be served consecutively to other offences for which the court would sentence the offender.

The purpose of these proposed amendments on consecutive versus concurrent sentencing is to try to bring about a greater sense of consistency and understanding as to when and why consecutive sentences apply to certain circumstances and to certain offenders. In particular, for multiple child sex offences, including child pornography offences, we believe that sentences should not receive a sentencing discount, as it is sometimes described, whereby a court directs that the sentences imposed are served concurrently, meaning that the offender only has to serve the longest sentence that is imposed for a series of convictions.

Put another way, this proposed amendment would require that sentences for child pornography offences and others would be served consecutive to any sentence imposed at the same time when there has been what is called a contact child sex offence or when there have been multiple victims. Sentences imposed at the same time for contact sexual offences committed against one victim would be served consecutively to those imposed for contact sexual offences committed against any other victim.

This gives individual recognition in the criminal system for each of those victims in the sentence that is meted out. These reforms end the sentencing discount that is sometimes afforded to child sex offenders who are sentenced at the same time for multiple charges. In particular, they ensure that the law recognizes the devastating impact that sexual abuse has on each individual life.

The bill sends a clear message to child sex offenders that there will be no more discount and that they will serve jail time for each and every victim, each and every offence. We believe this is a just result, given the seriousness of the type of offence and the fundamental injustices that have occurred when there have been multiple victims.

Another important sentencing reform included in this bill is to ensure that any evidence that an offence was committed while the offender was subject to a conditional sentence order—that is, a sentence that was served in the community or while on parole or while on statutory release—is also considered an aggravating factor for sentencing purposes.

These amendments will ensure that the gravity of committing an offence while subject to one of these more lenient orders is better reflected in the sentence that is then imposed.

The bill will also make it possible to ensure that the spouse of the accused can testify in child pornography cases. Under the Canada Evidence Act and common law, unless spouses are irreconcilably separated, for most offences, the spouse of the accused cannot testify for the prosecution even if he or she so desires. One spouse is not competent to testify and cannot be compelled to testify against the other. The spouse of the accused is not compellable.

The Canada Evidence Act contains statutory exceptions to these rules permitting spousal testimony for most child sex offences and offences of violence against young persons, but not for child pornography offences. Again, we hope to bring about a greater sense of consistency when it comes to spouses and their competency and compellability before the courts.

The amendments proposed in this bill add child pornography to the list of exceptions in the Canada Evidence Act, making the spouse of a person accused of any of the child pornography offences competent and compellable to testify for the prosecution. In child pornography cases, as we know well, the evidence of the accused's spouse may be required to prove the guilt of the accused. For example, the spouse's denial of responsibility for child pornography on a shared home computer may be necessary to prove the accused's guilt beyond a reasonable doubt.

Without this amendment, child pornographers may be able to get away with this very disgusting crime, and we must put an end to this legal loophole. I would submit that the current state of the law on this issue is unacceptable. Any form of child pornography we know is taking advantage of and exploiting children.

This bill also includes amendments to the Sex Offender Information Registration Act. These amendments would require registered sex offenders to provide more information regarding their travel abroad and would permit information-sharing on registered sex offenders among officials, those responsible for the national sex offender registry, and the Canada Border Services Agency. All of this reform is aimed to prevent travelling sex offenders from accessing children in foreign jurisdictions and to facilitate holding them to account for their crimes.

My friend the Minister of Public Safety and Emergency Preparedness will be speaking to this issue. My friend the Minister of Veterans Affairs is a former police officer. I know he shares the desire to break down any barriers to sharing information between agencies to help hold sex offenders accountable. In this day and age, we cannot be seen as a nation that allows those convicted of these heinous crimes in our courts to then go abroad and take advantage of jurisdictions where laws and enforcement may not be as rigorous. We owe a larger duty of care to children in other countries as well. They are equally vulnerable.

Currently, the law as it pertains to registered sex offenders and the reporting of absences of seven days or more for trips within or outside Canada only requires them to report specific designations and addresses for domestic trips. This bill would amend the act to ensure that all registered sex offenders report every address or location at which they expect to stay on a trip for seven days or longer outside Canada, as well as specific travel dates. These amendments would also require registered sex offenders with a child sex offence conviction to report absences of any duration for trips outside Canada and to provide specific dates and locations. These amendments would help facilitate information-sharing with foreign jurisdictions, which I consider to be appropriate.

As well, the bill proposes to authorize national sex offender registry officials to disclose information on registered sex offenders to Canada Border Services Agency officials, particularly in cases of child sex offenders assessed as high risk, who will be placed on their lookout system. CBSA would also be authorized to collect information about these sex offenders upon return from travel outside Canada and to share this information with the national sex offender registry officials.

Given that the national sex offender registry officials and CBSA officials do not currently have the authority to share information on registered sex offenders, we believe these amendments are critical and practical in ensuring that authorities are aware of the activities of sex offenders who travel outside our country. Without this knowledge, it may be impossible to detect and combat this type of criminality.

Last but certainly not least with respect to the importance of this bill, the bill proposes the creation of a high-risk child sex offender database. It would authorize the RCMP to establish and administer a publicly accessible national database of high-risk child sex offenders who have been the subject of a public notification in a province or territory.

All of this, I would submit, is in keeping with previous efforts that we have made to improve our criminal justice system to protect our most vulnerable, particularly our children. We have made numerous amendments and brought forward some 30 criminal justice initiatives in the last eight years, including taking such practical measures as increasing the age of protection, putting in place legislation to make the reporting of child pornography by Internet service providers mandatory, and strengthening the sentencing and monitoring of dangerous offenders. All of this is in keeping with our efforts to make this country safer and to make our justice system more just.

We have also put in place the necessary resources to set up child advocacy centres in 10 locations across the country. We have launched the getcybersafe.gc.ca website for public awareness. We have joined in the Global Alliance against Child Sex Abuse Online. I am proud to say that all of this furthers the intent of this bill.

The fundamental message is clear. We must do everything in our power to protect children. I know this is something you share as a father, Mr. Speaker, and we all share as parents and those who care for children. Accordingly, I would encourage all members to support this important legislation.

Tougher Penalties for Child Predators ActGovernment Orders

June 2nd, 2014 / 10:05 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I would like to thank the minister for his speech on Bill C-26. Finally, we can debate it.

It always makes me shudder to think that there will be a registry for high-risk offenders. I always wonder what high-risk offenders are doing in our streets. To me it signals that there is a problem if the government thinks that a simple registry will keep people safe.

In addition to that point, which we will surely address in committee, I have another question. Bill C-26 is not designed to establish mandatory minimum penalties or mandatory maximums, it is designed to increase both the minimum and maximum penalties.

I am wondering what statistics or study the people at the justice department used to demonstrate to the minister that existing penalties, both the mandatory minimums and maximums, needed to be increased. What evidence does the minister have?

The government boasts about having changed many laws, and perhaps it deserves to be congratulated for doing so. However, is it not a failure that there has been 6% increase in the past two years even though various bills we have seen in the past year have increased sentences? For example, Bill C-10 comes to mind.

How can the minister think that the RCMP, which has a hard enough time updating criminal records, will be capable of keeping its promise regarding the new registry?

Tougher Penalties for Child Predators ActGovernment Orders

June 2nd, 2014 / 10:05 p.m.
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Conservative

Peter MacKay Conservative Central Nova, NS

Mr. Speaker, as I just explained, the intent is to see that information is being shared between agencies, such as the RCMP and the Canada Border Services Agency, and those tasked specifically with tracking convicted sex offenders and those who are released sometimes on court orders. It is to ensure that the information is being shared among officials so they are aware of the movements and potential proximity or opportunity that a convicted sex offender would have with a child, or if they are at designated locations where they are not supposed to be. This is a practical step. It is something I believe my friend would agree further empowers police in particular to monitor and, when necessary, to intervene.

As far as the necessity to do more, the member quoted the statistics back to me. The fact that we continue to see sex offences against children on the rise in and of itself is certainly the greatest motivation there could possibly be to do more and ensure that there is greater deterrence and denunciation in these types of offences. If that means longer sentences, yes. I very much embrace the idea that we keep offenders who reoffend and commit these horrible, sometimes multiple, acts of sexual offences against multiple children in jail longer. Does that deter the offender? Yes. Does it send a message that society abhors this type of offence? Yes, it does.

When I hear from police that 55% of sexual offences committed in Canada are actually committed against children, I am equally motivated to do more.

Tougher Penalties for Child Predators ActGovernment Orders

June 2nd, 2014 / 10:10 p.m.
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Liberal

Sean Casey Liberal Charlottetown, PE

Mr. Speaker, I want to pick up on that same theme.

The minister would know well that the Safe Streets and Communities Act increased sentences in several areas. In the bill before us, in no fewer than 20 sections, the sentences that were increased either by mandatory minimums or maximum sentences have been increased again.

We see an increase in the sentences from 2012, while at the same time the statistics indicate that the incidence of crime has gone up. Therefore, if the increases that were put into Bill C-10 have resulted in an increase in crime, have we not learned something?

If those increased sentences did not give the desired result of bringing crime down, why does the minister insist on adopting the exact same strategy?

Tougher Penalties for Child Predators ActGovernment Orders

June 2nd, 2014 / 10:10 p.m.
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Conservative

Peter MacKay Conservative Central Nova, NS

Mr. Speaker, it is mind-boggling to suggest that somehow these statistics are going up because sex offenders are getting longer sentences. It really does boggle the mind that the member for Charlottetown would even attempt to make that suggestion and attribute it to a bill that is designed to do a number of things.

Increasing mandatory minimum sentences and maximum sentences are but part of this legislation. I would invite the member to read the whole bill. He pointed to the number of sections. I invite him to read all of those sections to get a full understanding of the intent of the bill.

Clearly, the statistics tell part of the story. The fact that we had more sex offences in Canada cries out for tougher sanctions and more practical steps to put tools in the hands of the police and the court to help protect children. It cries out for innovative solutions that would allow us to put in place a more protective perimeter around children when it comes to their vulnerability.

This is all part of a comprehensive approach taken by the government. I mentioned some 30 justice initiatives, many of which include putting people in jail who offend against children, who sexually abuse children for longer periods of time. This is something that I feel our government is doing in the best interests of children.

Tougher Penalties for Child Predators ActGovernment Orders

June 2nd, 2014 / 10:10 p.m.
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Conservative

Mike Wallace Conservative Burlington, ON

Mr. Speaker, it is my honour, as the chair of the justice committee, to ask a question of the minister, who has been an excellent Minister of Justice. He has been very available to our committee to discuss a number of issues.

Regarding Bill C-26, if I understand from the discussion and reading the bill, its main focus is to ensure that sexual offences against children receive sentences that are appropriate, that we are increasing the mandatory minimum penalties and the maximum penalties for sexual offences against children. The bill would also impose, for the first time, consecutive sentences for consecutive crimes against children. It also includes child pornography and those who commit offences against children by using child pornography as their vehicle.

Could the minister tell the House why it is important to the general public that we have sentences that match the crime, particularly against children?

Tougher Penalties for Child Predators ActGovernment Orders

June 2nd, 2014 / 10:15 p.m.
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Conservative

Peter MacKay Conservative Central Nova, NS

Mr. Speaker, I thank the member for Burlington, the excellent chair of our justice committee, for his work.

He is getting at a very important point, which is the message that it sends to Canadians. It is a message of consistency, a message of concern and compassion for children and a message that reflects Canadians values. The message is that this type of offence holds a particularly grave place in the minds and hearts of Canadians and that we cannot in any way, shape, or form tolerate sexual abuse against children.

The devastating impact that this can have on the life of an individual has been well chronicled. It is a lifelong sentence for that person.

I recall, as a prosecutor, dealing directly with victims and the parents of young victims. It is soul-destroying, and the parent very often carries the guilt of somehow not having protected that child or having left them in the custody or care of somebody who, it turned out, was abusing them.

It is well chronicled, and we have heard about the impact that it has had on athletes and individuals who were abused by those who should have been entrusted to care for them. They were in positions of trust.

The aim of this bill and the approach that we are taking here is to reflect the seriousness of the offence, have it recognized by the courts, and have a period of incarceration that is appropriate.

Tougher Penalties for Child Predators ActGovernment Orders

June 2nd, 2014 / 10:15 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, “this is about politics, not public safety”. That was Steve Sullivan, the first federal ombudsman for victims of crime, speaking on Bill C-26.

This bill would not do those things that would make children safer. It would only do those things that have been proven to be ineffective, such as maximum minimum sentences and so on. The current administration has failed to provide the funding support for Circles of Support and Accountability, a proven program that has 70% to 83% reductions in recidivism among those most likely to reoffend.

I challenge the Minister of Justice. If he cares about our children, to fund that program and stop pursuing failed policies.

Tougher Penalties for Child Predators ActGovernment Orders

June 2nd, 2014 / 10:15 p.m.
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Conservative

Peter MacKay Conservative Central Nova, NS

Mr. Speaker, the member would know that the Department of Justice does much more than just bring forward legislation that toughens penalties. We have many programs in place that are designed specifically at the front end to prevent this type of offence and also to work with offenders and victims.

We are bringing historic legislation in the first Canadian victims bill of rights. We have a very extensive aboriginal justice program that, again, does a great deal to help deter crimes that occur far too often on reserve against aboriginal women and girls.

It does require a comprehensive approach, and that is exactly what the government is doing. Rather than just paying lip service to these offences, the government is treating them seriously and also treating the victims with respect.

Tougher Penalties for Child Predators ActGovernment Orders

June 2nd, 2014 / 10:15 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I am pleased to rise in the House at 10:20 this evening to discuss Bill C-26.

Much pomp and ceremony accompanied the introduction of this bill in February. More than three months have since passed, and we are just now beginning this first hour of debate on a bill that the government declared was of the utmost urgency and importance and would solve pretty much all of the world's problems.

Like most members on this side of the House, I have some concerns. I would like my colleagues opposite to keep an open mind so that we can take a calm look at this bill and ensure that it really will do what they say it will. This bill is called the Act to amend the Criminal Code, the Canada Evidence Act and the Sex Offender Information Registration Act, to enact the High Risk Child Sex Offender Database Act and to make consequential amendments to other Acts. The Conservatives like to call it the tougher penalties for child predators act.

The Conservatives like to portray themselves as heroes by saying they are against child sexual predators. It seems to me that everyone in the House is against child sexual predators.

This bill was introduced with great fanfare. However, after reading it, we realize that the cases used to justify this bill during the many press conferences held by the minister and the Prime Minister are eight years old.

I definitely have a lot of questions. We will certainly have the opportunity to ask the minister questions in committee, but I am going to ask him a few in advance. It would be nice if he shows up in committee with some answers.

Essentially, as the minister said, this bill will increase the existing mandatory minimum sentences. It is not as though we were reinventing the wheel or having a great debate on the merits of having minimum sentences or anything else. Some people are more or less in favour of the idea of mandatory minimum sentences.

Sometimes our colleagues at the end of the House like to say that it is absolutely appalling. However, when we look at some of the changes the Liberals made to legislation over the years, we see that they also introduced mandatory minimum sentencing provisions. They are ones to talk.

The bill would:

...increase maximum penalties for violations of prohibition orders, probation orders and peace bonds; ...clarify and codify the rules regarding the imposition of consecutive and concurrent sentences.

There is a case currently before the Supreme Court about the legality of consecutive sentences. In the short and medium terms, many decisions made here risk being seen in another light. That is why I was saying that it is good to assess the bill calmly in order to do what we really want to do.

The bill also seeks to:

...require courts to impose, in certain cases, consecutive sentences on offenders who commit sexual offences against children; and ensure that a court that imposes a sentence must take into consideration evidence that the offence in question was committed while the offender was subject to a conditional sentence order or released on parole, statutory release or unescorted temporary absence.

What is more:

It amends the Canada Evidence Act to ensure that spouses of the accused are competent and compellable witnesses for the prosecution in child pornography cases. It also amends the Sex Offender Information Registration Act to increase the reporting obligations of sex offenders who travel outside Canada.

The following is new:

It enacts the High Risk Child Sex Offender Database Act to establish a publicly accessible database that contains information—that a police service or other public authority has previously made accessible to the public—with respect to persons who are found guilty of sexual offences against children and who pose a high risk of committing crimes of a sexual nature....[and] it makes consequential amendments to other Acts.

The NDP has always had a zero tolerance policy when it comes to sexual offences against children.

I am saying this a little more enthusiastically than I did in the case of Bill C-10, which was an omnibus bill. The government had lumped in some provisions that applied to sexual predators with a number of other completely unrelated laws. As we did not agree with some of the provisions, we tried to split the bill. The government's petty politics were an attempt to stymie the opposition. The government could thus say that the opposition had voted against provisions to deal with sexual predators.

It seems that it did not work because Bill C-10 is in effect and the tougher mandatory minimum sentences do not seem to have had the desired effect. I would like to hear the minister tell us, in committee, how these new mandatory minimum and maximum sentences will succeed this time when they failed before.

That is one of the serious concerns that I have about this file. Many Conservative bills, whether government bills or backbenchers' bills, do nothing but increase mandatory minimum sentences while claiming to solve the problem of these types of crimes in particular.

Each time we ask the Conservatives why they are making the change. Is it because the sentences are too lenient? Is it because the mandatory minimum penalties they initially put in place were not enough and statistics clearly show that there is a serious problem?

If there is an increase in the number of crimes being committed, is it the penalty that is the problem or is it the services?

Earlier I heard the member talk about the circles program that they cut. This program had a proven track record and it worked. Everything was fine and it had a good success rate. Sometimes, the real problem is with the related services. We need to ensure that these people, who are predators when they are arrested and who are found guilty, serve their sentences and no longer pose a risk when they are released.

The other day I was giving an interview on the radio and I was asked whether I would oppose this bill. I said that I was flabbergasted that they were not offended that the government thinks it can solve the problem of high-risk child sex offenders with a registry.

I do not understand how the government can think that its high-risk child sex offender registry, to be managed by the RCMP commissioner, will solve the problem.

By the way, there is small problem that may also have to be examined in committee, and that is the definition of “high risk”. Under the act, the commissioner seems to have the authority to declare someone to be high risk, but the Conservatives always like to sneak in a few extra little provisions. There is one in this bill that is a bit worrisome to me. It is worth looking at what it says. Clause 11 of the new registry act, under the heading “Regulations”, states:

The Governor in Council [meaning cabinet] may make regulations

(a) establishing the criteria for determining whether a person who is found guilty of a sexual offence against a child poses a high risk of committing a crime of a sexual nature; and

(b) prescribing anything that, by this Act, is to be prescribed.

In this bill, they are also providing for a way to change the manner in which regulations are made. We might look at this more thoroughly here at some point and perhaps in committee as well. When I put all these pieces together, it makes me wonder about this bill.

I was looking at some statistics about the various crimes that are mentioned in Bill C-26. Section 151 refers to sexual interference.

Canada is a big country. I think we now have a population of about 34 million. One sexual predator is one too many. We can all agree on that. I would not want anyone to quote me tomorrow as saying that it is okay if we have 100 sexual predators. I am not saying that. What I am saying is that we have to be realistic.

Here are the statistics on sexual interference: 241 people were charged in 2008, 574 in 2009, 818 in 2010, 918 in 2011 and 916 in 2012.

We are seeing progress. However, that is probably the least serious sex crime, at least in comparison to sexually assaulting a child, for example.

There were 56 cases of invitation to sexual touching in 2008, and that rose to 206 cases in 2012. There were 17 cases of sexual exploitation in 2008, but that increased to 49 cases. It was relatively stable between 2010 and 2012. We do not have any statistics about making sexually explicit material available to a child because it is a new offence that was created in 2012. There were 54 cases of luring a child through the use of a computer in 2008, and 127 cases in 2012.

I remind members that these are years under Conservative power. These are the law and order years, when the government is claiming to have solved all kinds of problems. That remains to be seen. The government has been forced to review some offences, saying that it may have been mistaken in 2010 when it set a range of years for a sentence and that perhaps it should have been harsher. This proves what we often hear at the Standing Committee on Justice and Human Rights: offenders do not carry around the Criminal Code when they commit an offence. They do not carry it around thinking that they may have to serve eight years in prison. On the contrary, there are people who are absolutely sick, and we need to focus on getting them off our streets. I am not interested in simply saying that I was harsh and I punished the offender. That is certainly important, but we need to ensure that offenders get the support they need, so that when they are released into society, the public is not left relying on a high-risk child sex offender registry to find out who is in our communities. Programs such as the Circle of Support and Accountability can help these people so that we can provide reasonable assurances to Canadians across the country and so that the public knows that we did our best to limit the potential number of repeat offenders.

There are so many questions. The government often stays silent, especially when it comes to statistics and explanations, aside from their press conferences, where they sell their message.

When I visit my riding of Gatineau, people are happy to know that we are addressing the problem of sexual predators. Everyone agrees with that. There is nothing worse than hurting our children. If someone touches a hair on our child's head, we would obviously be prepared to go to extremes. That is why we must make sure that we do things right.

We do not know if the government got a legal opinion about its registry. In fact, there are some questions about the registry. Information will be circulated and shared. Did anyone think about the possibility of vigilantes? It may not be a big deal to say that a convicted individual lives in Toronto. Toronto is big. However, in a small village, it is a different story. If people know that Mr. So-and-so lives in such-and-such a village, it is easy enough to find out where he lives. We need to take certain precautions and ensure that everything is done properly. No matter how disgusting the crime, I would not want anyone to take justice into their own hands. I would not want our actions to result in a situation like that simply because we did not take the time to fully analyze the issue.

Did the Minister of Justice speak with his provincial counterparts? They are the ones who will feel the impact of this. Consecutive sentences and tougher sentences affect plea bargaining, for both the Crown and the defence. There are not enough crown prosecutors or enough judges in the criminal courts.

That has a serious impact. I asked the minister a question about the RCMP. I did not get a response, but we know that the RCMP is already having a very hard time updating criminal records. That is not insignificant. People are upset when a criminal is found guilty of drinking and driving for the fourth time, but it is because he was never tried for his repeat offences. If the police do not have the resources to keep track of his criminal record, his file is empty.

Even with the toughest laws known to man, and even if the RCMP commissioner is given full authority to create a registry for high-risk offenders, as long as the RCMP does not have the resources it needs to deal with each of those files, there will be problems.

That is why the minister needs to make sure this is bulletproof. Thinking that the bill is charter compliant is not good enough. Thinking that the bill is fine is not good enough. Will the bill pass the test if someone challenges it? Will we end up having to have to start from scratch? The Conservatives might not be too worried about that, but I do not like the idea of starting this kind of trial, especially when the victims have to go through what is probably the most difficult time they will ever have to go through. I always told my clients that there are two kinds of people who like court: lawyers and judges. Nobody else likes the whole business because it is an extremely stressful time, especially if it is a criminal trial.

Sometimes the victim is a person who has been robbed of innocence, someone to whom the most despicable things have been done and who is waiting for the trial and all kinds of things. That person ends up having to start over from scratch because the evidence is thrown out or challenged and the case is appealed.

All that to say that I hope the minister will be open-minded enough to listen to the witnesses in committee. The NDP will support this bill at second reading so it can go to committee because that is where the work gets done. This is the kind of offence that the committee should take its time studying.

However, we have a lot of questions and we think that the government has not been completely forthcoming. It has already introduced many similar bills. Either it dropped the ball and started over without telling us, or it had alarming statistics that would give us no choice but to amend the bill. If that is the case here, only the committee's study will tell us what is really going on.

Since the minister is here tonight, and not one of his parliamentary secretaries, I hope he will listen to our suggestions with an open mind. We do not want to pester the government; we just want to make sure the bill will do what it is supposed to do, which is implement tougher penalties for child predators and keep the public safe once a predator is released. Sooner or later, these people get out of prison.

Then we have to wonder what state these people will be in when they get out of prison. I am not a bleeding heart. I am just a realist. I do not want hardened criminals to be back on our streets. I do not want a repeat of what happened in the Outaouais recently.

Last week, a man got out of prison after serving a sentence for voyeurism and attempted sexual touching. The first thing he did was to get caught by the police again. That is not what we want. We want people to be able to reintegrate into society and to no longer be a danger to the public.

I hope that the minister will be open to our suggestions and examine them properly. We will support the bill at second reading.

Tougher Penalties for Child Predators ActGovernment Orders

June 2nd, 2014 / 10:35 p.m.
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Central Nova Nova Scotia

Conservative

Peter MacKay ConservativeMinister of Justice and Attorney General of Canada

Mr. Speaker, I want to thank my colleague, the justice critic for the NDP, for taking a constructive approach in encouraging this legislation to go forward. I do not consider her a bleeding heart. I consider her a colleague, a practitioner, somebody who brings her very important perspective to this debate.

I do want to pick up just quickly on a couple of points.

I have not heard what I consider to be practical amendments, at least thus far, that would improve the bill. I have heard some of the blanket criticisms. What we are attempting to do, and what she has rightly said we are all attempting to do here, is to prevent further offences, particularly against children. It would be folly to suggest that the bill would in and of itself prevent these offences in the future. It would send a message of deterrence. It would put in place more practical steps that the police can take, provide more practical tools, but it would be in unison with other steps that have already been taken and will have to be taken in the future.

With respect to her suggestion that somehow this legislation is going to answer all of the questions, that is certainly not the intent.

Public confidence is important. She would know that when it comes to these types of offences, almost 80% of Canadians feel that the courts have been too lenient and that the message of deterrence is not getting out.

My colleague is right when she describes individuals who touch children as sick and that she wants to get them off the street. I would encourage her to look closely at these provisions, because that is exactly the intention. The bill would ensure that those who are able to be rehabilitated are treated. However, some forms of pedophilia are not treatable. We are at least taking every possible step to put perimeters around an individual's movement, track that individual's movement, know where the individual is. As a father, I feel I can say that everyone wants to know if a recently released pedophile is living in the neighbourhood. This legislation would enable that information to flow.

Tougher Penalties for Child Predators ActGovernment Orders

June 2nd, 2014 / 10:40 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I never mentioned that I had any amendments at this stage. What I was trying to understand is why, after Bill C-10 and after increasing certain mandatory minimum sentences, the department and the minister felt the need to increase these minimums and maximums yet again. Are we missing some information that would explain whether this upsurge in offences came about after the increase in mandatory minimum sentences and that increasing the sentences did not have the desired effect?

Those are the types of questions that we should be able to address quite calmly in committee, not to destroy the bill, but to ensure that it does what it is supposed to do. That will be our objective in committee to try to address this upsurge.

It is worrisome to hear that offences have increased by 6% over the past two years when we have a law and order government in place.

It is worrisome when the cases mentioned during press conferences date back to a time before the Conservative government came to power.

Is there a disconnect somewhere? Is there something that did not happen that was supposed to? Have we been more concerned about press conferences and less concerned about content? I do not know, but that is what we will find out in committee.

Tougher Penalties for Child Predators ActGovernment Orders

June 2nd, 2014 / 10:40 p.m.
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Liberal

Sean Casey Liberal Charlottetown, PE

Mr. Speaker, I would like to pick up on a couple of things.

The member for Gatineau referenced the roles between provincial and federal jurisdictions. Here we have a bill that would increase minimum sentences. To the extent that these sentences are less than two years, these inmates are serving their time in provincial institutions on the nickel of the provincial government that is involved. I would be interested in hearing the member's views with respect to what consultation, if any, has or should have been done, given the impact on the various provincial treasuries.

I would also invite her to comment on the constitutionality of the various provisions and whether she has any concerns with respect to that. The government has been on a terrible losing streak in the courts with respect to the constitutionality of various pieces of legislation, including crime legislation, and the bill certainly brings into play not just security to the person but also possibly mobility rights.

I would be interested in my colleague's view on those two points.

Tougher Penalties for Child Predators ActGovernment Orders

June 2nd, 2014 / 10:40 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, with respect to consultation, that was one of the questions I asked the minister after his speech.

It will be interesting to see how the provinces react to everything that is thrown at their courts, especially since access to justice is not satisfactory across Canada.

With respect to how justice is perceived, it is a vicious circle. The wheels of justice are turning more and more slowly, and this certainly does not help convince the public that justice is served.

Thus, there is a great deal of work to be done. There is no way to be informed because this government does not provide details about its consultations. In any case, for the government, consulting means talking rather than listening.

With respect to compliance with the charter, every time the Conservative government introduces a bill, we are usually given this assurance. In fact, under section 4.1 of the Department of Justice Act, the government is required to ensure that its bills are charter compliant.

However, in light of the suit launched by Mr. Schmidt, the public servant who says that that is not exactly the order that the justice department is given, and the government's monumental losses of 7-0, 8-0 and 6-1 on criminal justice issues brought before the Supreme Court of Canada in the past year, we certainly have doubts. However, we will verify these doubts in committee.

If the Conservative government did not make sure that its bill was legal and charter compliant, we will do so in committee because this is a serious file that concerns our children. Let us at least have the decency to study the bill in committee.

I do not claim to be the greatest constitutional expert the world has ever known, so I have some questions. I do not have all the answers just yet, but we hope to get them in committee.

Tougher Penalties for Child Predators ActGovernment Orders

June 2nd, 2014 / 10:45 p.m.
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NDP

Hélène Laverdière NDP Laurier—Sainte-Marie, QC

Mr. Speaker, I would like to thank my colleague for her very interesting speech.

Every time an act of pedophilia occurs, we are all affected and angered by it. We all agree that we must crack down on and punish these criminals. However, as my colleague was saying, we also need to make sure that these sorts of crimes do not happen again. The hon. minister said that punishment is a way of preventing these things from happening again, but prevention is just as important. The success rate of the circles of support and accountability program is between 70% and 80%. That means 70% to 80% of people who participate in the program do not reoffend.

I would like to hear what my colleague has to say about that. Is this something we should be putting energy and money into?