Bill C-26 (Historical)

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 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.

Tougher Penalties for Child Predators Act

[Alain Giguère, NDP, Marc-Aurèle-Fortin, QC]

Mr. Speaker, it is the whole administration of justice problem that is at issue here. In theory, punishment is a good thing, but in practice, the theory must translate into effective action.

Unfortunately, there was a terrible situation in Quebec recently. The police were able to bring down a criminal organization known as the Hells Angels. Everything was going well. All the members were arrested. Unfortunately, they forgot about the Conservative Party. Serious mistake. There were not enough judges to preside over the trials because of the Conservatives' systematic cuts. The time limits were exceeded. It took too long and the accused were released. Good going. That is marvellous. That is being tough on crime.

My question is quite simple: what is the use of having laws that sentence an individual to 150 years in prison if the government's actions prevent that person from ever going to court because there are not enough judges?

[Sylvain Chicoine, NDP, Châteauguay—Saint-Constant, QC]

Mr. Speaker, I would also like to thank my colleague from Marc-Aurèle-Fortin for that clarification and the information provided.

As I mentioned, there is a problem with the administration of justice. There is a dire shortage of judges and Crown prosecutors, which means things are not going anywhere. We are not headed in the right direction. Criminals are put in jail for longer periods and the budgets for all these people are being cut. That makes no sense. We are not going in the right direction in many areas. Furthermore, the provinces are not consulted. With Bill C-10, prisons are overflowing. The prison population has increased by 10%, but not the budget to deal with it. The government is sticking the provinces with the bill.

[The Speaker, Andrew Scheer]

Is the House ready for the question?

[Some hon. members]

Question.

[The Speaker, Andrew Scheer]

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

[Some hon. members]

Agreed.

[The Speaker, Andrew Scheer]

I declare the motion carried.

(Motion agreed to, bill read the third time and passed)

I see the hon. member for Oxford rising on a point of order.

[Dave MacKenzie, Conservative, Oxford, ON]

Mr. Speaker, I believe you would find consent to see the clock as 1:30 p.m.

[The Speaker, Andrew Scheer]

Shall I see the clock as 1:30 p.m.?

[Some hon. members]

Agreed.