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

[François Lapointe, NDP, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Mr. Speaker I thank my colleague for his question.

Certainly, we have a responsibility to uphold the rule of law in our society, even though both the law and the society may be imperfect.

We cannot take all the people who commit serious, terrible crimes and send them to Mars for 150 years. That will not work.

Two of my colleagues opposite rose to ask, with indignation in their voices, why the NDP was against minimum sentences for child abusers. If my colleagues on the other side of the House could demonstrate, with facts from criminologists, sociologists and the like, that every time the minimum sentence is raised by 12 months, the number of victims decreases by 20%, I would be standing on my desk—not just on my chair—demanding that it be increased by seven years. At seven times 20% there would be no more victims and I would be very happy.

The problem is that things do not work that way, in a black and white fantasy world. More intelligence is required.

[David McGuinty, Liberal, Ottawa South, ON]

Mr. Speaker, I would like to come back to my colleague's remarks.

The U.S. has a great deal of experience with mandatory minimum sentences. This concept was invented and perfected in the U.S., particularly in Texas and California.

However, in the past four or five years, a senator and a congressman have finally concluded that there is no proof or analysis to justify this shift towards harsher and harsher minimum prison sentences.

Can my colleague help us understand why the government continues to push for a concept that even the Republican Party in the United States has given up on?

[François Lapointe, NDP, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Mr. Speaker, with my Liberal colleague today, I am reliving one of the biggest problems I have when I am in my riding: people with a completely reasonable point of view on a situation simply cannot understand where the Conservatives are going, and they want me to help them understand. I cannot explain this to my dear colleagues, because I do not understand myself.

I am well aware of the trend in some of the southern American states, which have made extensive use of cumulative minimum penalties, in spite of any kind of case law. That trend has been around a lot longer than this government, so they now have a little distance from which they can look at the results. The results are simply not there.

Reasonable people are asking why the Conservatives are taking a path that has failed time and time again in other jurisdictions. Like my colleague, I see that it makes no sense.

As for trying to explain it, perhaps I could one day, if ever I have a Conservative brain. However, I hope my colleague is patient, because that will probably never happen.

[Tyrone Benskin, NDP, Jeanne-Le Ber, QC]

Mr. Speaker, I am pleased to add my voice to the discussion on 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.

I would first say, as many of my colleagues have stated in their interventions, that I will be supporting the bill going to second reading for specific reasons.

We believe that at its root, Bill C-26 is an important bill, and we have a zero-tolerance perspective on sexual violence, sexual crimes, particularly those crimes involving children. We want to see the bill go to committee in faith that during the committee hearings, the discussions around certain aspects of the bill will be fulsome and productive.

However, yet again, we see another foray into the world of mandatory minimum sentences. As my colleagues were discussing, the issue of mandatory sentences is a troubling issue, and we have ample evidence from our neighbours to the south and here in Canada that mandatory minimum sentences do not produce the results that my colleagues from across the way expect of them.

My colleague asked earlier whether there was any evidence that an individual who was going to commit such a crime sat down and thought about the mandatory minimum sentence such that, “If I do this, I am going to prison for x amount of time”. That would be a rational discussion for an irrational person.

There is ample evidence showing that mandatory minimum sentences do not produce results. However, more important is the issue of the legislative branch intruding into the jurisdiction of the courts. I have brought this up before. Here one of my colleagues brought up the question of why the NDP is so opposed to harsher sentences.

I do not think there is anyone in the House, on this side or the other, who does not agree with appropriate sentences for heinous crimes. However, there is a difference between allowing for harsher sentences in legislation and dictating to the courts that they must, without any judgment by judges, impose these sentences. This is where we have difficulty with the bill before us.

I hope that we can sit down in committee and explore how we can have appropriate sentences prescribed and available while still allowing the judges to use their discretion and abilities, the reasons they sit on the bench, to impose those sentences.

The bill's going to committee would also allow us to explore the potential of unintended consequences.

In the parliamentary summary, one of the commentaries brought forward about the creation of the database is the concern. It says:

A number of comments concerning Bill C-26 have mentioned the possibility of vigilantism rising from a publicly accessible database of sex offenders. Detective Constable Stephen Canton, the police officer in charge of the Niagara Regional Police sex offender registry, is also concerned that “[w]hen you start to identify offenders, you start to get less compliance and it pushes them underground.”

Ultimately, we want to see a bill enacted into law that does what it needs to do, without the sense of going after a mosquito with a bazooka. We need to ensure that we do it right, and this is the work of the committees. We need to ensure that we do not create situations with unintended consequences, such as the one I just read. That would put us in a situation where otherwise law-abiding citizens, through a mob mentality and their own loss and pain, find themselves in a position where they have information that allows them to exact vengeance in an effort to get rid of their own pain. We do not want to this to happen.

We want to ensure that people are protected from those who may repeat. We want to ensure that people are aware of high-risk offenders, in particular, those people who have for one reason or another continuously been allowed back onto the streets and who run the risk of reoffending for whatever reason. We need to protect our communities in that way. In enacting this bill, we need to ensure it would do that.

One of the other aspects that I would like to touch on is the amendment that would allow for spouses to testify against one another. Again, this is something I hope the committee will explore, because of unintended circumstances. We do not want to find non-offending spouses in a position where they might be held accountable for the actions of their partners. We want to ensure that their rights as individuals are protected and secured, and that they are not swept up in the net of the actions of their partners.

This bill is said to protect our communities. Like most laws, it would be in place to respond after the fact, after the crime has been committed. In that context, we have to ask whether the bill would act to protect communities. We have to ensure that the resources are there for our communities to prevent crimes of this nature and to prevent the repeat of crimes of this nature.

As I said in the beginning, I will be supporting this bill at second reading, with the full faith and confidence that my colleagues across the way will be open to discussion and whatever amendments arise from that discussion.

[The Deputy Speaker, NDP, Joe Comartin]

It being 5:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.

The hon. member for Jeanne-Le Ber will have five minutes for questions and comments when the House resumes consideration of this bill.

The House resumed from November 20 consideration of the motion 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.

[Rosane Doré Lefebvre, NDP, Alfred-Pellan, QC]

Mr. Speaker, I am very pleased to rise today in the House to speak to 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.

To begin, I would like to thank the hon. member for Gatineau, the official opposition's justice critic, as well as the hon. member for La Pointe-de-l'Île, who is the deputy justice critic, for the important work they have done on this bill and for all the work they do as part of the Standing Committee on Justice and Human Rights.

Many people know that I am a young mother with a 19-month-old baby. Anything that has to do with sexual abuse of children affects me deeply as a parent. It really is a pleasure to speak to this bill and have the opportunity to do so, so that I can share my opinion on what is before us today.

On this side of the House, we have a zero tolerance policy on sexual offences against children. We also respect the principles of jurisprudence and the fundamental laws of our country. We cannot have one without the other. It is very important to mention that. That is why the NDP will be happy to examine this bill very carefully.

As we know, with this Conservative government, the devil is often in the details, and we definitely want experts to let us know whether the measures set out in Bill C-26 will be effective.

I also sincerely hope that the government will not move a time allocation motion on such an important subject as child sexual abuse.

That is extremely important. Why? First, we are in Parliament and we have already had a lot of time allocation motions on important bills. Unfortunately, my colleagues do not often have the opportunity to share their opinions or those of their constituents. However, as parliamentarians, it is our duty to rise in the House and assert those rights.

I sincerely hope that my colleagues on all sides of the House who are members of the Standing Committee on Justice and Human Rights are able to take all the time they need to examine Bill C-26 in order to make it the best bill possible and to hear from all of the experts who have an interest in this bill.

It is very important to have a debate and share our opinions here in the House so that we end up with a better bill, which will include suggestions directly related to Bill C-26 from the various experts who are invited to appear before the Standing Committee on Justice and Human Rights.

I hope that all my colleagues in the House will be able to work together to stop the sexual abuse of children. Regardless of which side of the House we are on, no one approves of the sexual abuse of children. I do not know of any reasonable person in this Parliament who would approve of that. We must address it and we must do it together in order to make sure that we end up with the best bill possible.

As the deputy critic for public safety, I work hard to understand our prison system. I do a lot of work with our partners, including the members of UCCO-SACC, the people who work directly for Correctional Service Canada in the field or in a management role.

I am thinking of our correctional officers in prisons across the country who are going through really disruptive changes right now. At the same time, they are trying to do pretty incredible work with the resources they have.

When I think of those workers, I also think of the various bills that the Conservatives have introduced in the House, many of which have had a very negative impact on our prison system, unfortunately.

In my riding, in Laval, there are now two federal prisons. There used to be three. Unfortunately, the Leclerc Institute was closed following a back-of-the-napkin decision by the Conservatives. The population of that prison, which is now provincial, is growing because of the Conservatives' laws.

There is also the Montée Saint-François Institution, a minimum security institution that specializes in handling sexual predators. The third prison in our riding is the Federal Training Institution. It used to be a medium security institution, but since the Conservatives' reforms of a few months ago, it has become a medium and maximum security facility. New cells were built, and more and more federal prisoners are being sent there. The Montée Saint-François Institution is also accommodating more inmates, and new units have been built there too.

I am saying this because a lot of money has been invested so that more prisoners can be sent to Laval. Even so, the government decided to dispose of the Leclerc Institute, which is an institution in Laval and one of the nicest federal penal institutions in the country. The provincial government got to take over the facility, but unfortunately, data suggest that the institute's population could grow considerably in coming years because of the government's laws.

The sad thing is that the workers still are not getting more resources because cuts to public safety have affected the correctional service. Workers' rights are under attack. I am thinking about the definition of the word “danger” in the Labour Code. What is more, the government is not investing in the reintegration of inmates, which is very unfortunate.

Experts in the prison system and inmate reintegration agree that this is extremely important. The last thing we want, as parents and citizens, is for an inmate to reoffend after serving his sentence, especially when we are talking about sexual abuse against children. We must make sure that we have extremely solid reintegration programs, instead of punitive laws only.

I am not against punitive measures, on the contrary, but we must not have one without the other. As soon as a person is incarcerated, we must initiate the reintegration process and ensure that the person is surrounded by social support. That person has to have the right tools once he has completed his sentence to ensure that he does not reoffend.

We must examine this bill closely and listen to the experts. Are these the right measures? Will they provide solutions to an extremely serious problem in our society? What will this change within our prison system? Will there be more resources? Will prisoners be forced to double-bunk in shared prison cells? What will this change for our correctional officers? What will this change for the people who work on reintegrating inmates? Will they have the resources to ensure that reintegration is done properly? Many questions currently remain unanswered.

I hope the government across the way is giving serious consideration to these concerns regarding the sexual abuse of children. There are some very good programs in Laval, but unfortunately, there are fewer and fewer resources for reintegration.

In closing, I would like to remind the members opposite that we will be sure to study all the details of this bill. We hope to have the time we need to do so. Zero tolerance is zero tolerance for all sex crimes in this country. Let us work together to ensure that we have the best law possible.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, one of the things we need to keep front of mind when dealing with matters of a criminal nature and the rehabilitation of criminals and the protection of children is the unilateral federal responsibility for the protection of Canada's indigenous peoples.

As the member has pointed out, the government has made many cuts to programs intended to support aboriginal communities in developing social services, housing, and protection for their children. We have seen the commission on residential schools begging the government to continue funding to support the people who suffered through the abuse in the residential schools.

The member speaks of the cuts and speaks of this loss. I am wondering if she thinks the bill and the government's programs reflect its responsibilities in dealing with those important matters for the protection of indigenous Canadians.

[Rosane Doré Lefebvre, NDP, Alfred-Pellan, QC]

Mr. Speaker, I would like to thank my colleague from Edmonton—Strathcona for her extremely important question. I am happy that she mentioned the specific situation facing first nations communities.

I agree that the government is unfortunately neglecting many files. With regard to the schools she mentioned, the government is completely neglecting its duty and is not honouring the treaties it has signed with first nations. It is so sad to see this. I truly hope that this will get the attention it deserves and that it will be included in the bill, because often the reality facing isolated first nations communities is forgotten.

This brings me to a parallel I would like to draw with the bill we voted on. I introduced Bill C-608 in the House of Commons. It passed second reading. Members voted unanimously in favour of a bill to establish a national day of the midwife. That bill is very important to first nations in particular, because the whole birth experience has been altered among first nations. Women often have to fly out of their communities for weeks, if not two or three months, in order to give birth to their child, when instead we could simply sit down with first nations communities and look at what they need for women to be able to deliver their babies in their own communities.

This bill is along the same lines. We need to make sure that we work in partnership with first nations and that the government has an open dialogue with those communities.

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

Mr. Speaker, I would like to thank my colleague for her comments.

Everyone in this chamber agrees that sexual crimes are among the most horrible crimes in our society and that we definitely have to tackle this problem.

The government is constantly telling us that we also have to protect victims' rights. We all agree on that point, but I would like to ask my colleague if she discovered any measures in this bill that focus on victims' rights.

[Rosane Doré Lefebvre, NDP, Alfred-Pellan, QC]

Mr. Speaker, I would like to thank my colleague from Westmount—Ville-Marie for his question.

The government does often speak about victims' rights and singles them out when introducing bills. However, it seldom does so appropriately. I can cite an example for my colleague. The Federal Ombudsman for Victims of Crime often appears before the Standing Committee on Public Safety. She has repeatedly told us in committee that when this type of bill is introduced we must not forget that victims' rights are automatically tied to social reintegration. It is extremely important that we not forget that.

It is sad to see that the government opposite often forgets this notion in the bills it introduces, especially when people like Sue O'Sullivan tell us over and over that we must not forget that there are very important aspects of victims' rights that are often ignored by the Conservative government.

When bills are introduced, we must ensure that all aspects of victims' rights are addressed. There are many and, unfortunately, the government often plays politics with this issue, and that is very sad. We need to listen to what the Federal Ombudsman for Victims of Crime has to say and include her recommendations in bills such as this one.

[Mylène Freeman, NDP, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, I rise today to speak to 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.

The NDP thinks that this bill should be sent to committee to be studied. There are many proposed measures, and we want to ensure that these measures are good ones, that they are constitutional and that they will prevent such incidents. We want to have an in-depth study. We hope to have this discussion in the Standing Committee on Justice and Human Rights. Our NDP justice critics, our colleagues from Gatineau and La Pointe-de-l'Île, will ensure that this bill is properly studied in committee.

This is an extremely important issue. Great care must be taken with bills on topics as important as protecting our children. The committee is equipped to do this and to ensure that we create the best legislation we can to counter this threat. I truly hope that the committee is helpful and that its report shows how effective this bill is.

The NDP is carefully examining the proposals in this bill. We must focus on creating laws that will provide clear ways to protect our children. This means working with experts on the ground and with public safety professionals. I want to point out that we cannot play politics with this kind of bill. Crimes against children are the most heinous of crimes. I think that all members of the House would agree on that. Sex crimes are obviously all heinous, and we are moved by these issues. We want to create good laws to combat these crimes, especially against children, who are some of the most vulnerable members of society. We need to protect them because they are our future.

Unfortunately, crimes against children are not decreasing. When he appeared before the Standing Committee on Justice and Human Rights, the Minister of Justice himself pointed out that sexual offences against children had increased by 6% over the past two years. That is very concerning. There has been an increase despite the many tough-on-crime measures that the Conservatives have implemented since 2006. For example, they changed the age of consent, forced Internet service providers to report child pornography, increased sentences for dangerous offenders, and so on. This clearly resonates with this government. Despite all that has been done, there has been an increase in these kinds of crimes, as the Minister of Justice himself said.

It begs the question as to whether stiffer sentences actually prevent these types of crimes. The hon. member for Alfred-Pellan pointed out that what is needed is not just sentences, but also rehabilitation.

How can Parliament, the government, lawmakers as it were, make that happen? We have to make sure that the necessary resources are being provided to the RCMP and for mental health, rehabilitation and reintegration.

For example, we know that our communities need more resources to fight sexual abuse of children. Obviously, harsher prison sentences are not good enough when police resources and aid organization budgets are being cut. We will have to emphasize that when the committee studies this bill.

I also want to bring up what Steve Sullivan, the former federal ombudsman for victims of crime, said. He said that the federal government recently announced plans to eliminate the meagre funds provided by Correctional Service Canada. The funds that CoSAs receive from the National Crime Prevention Centre will also dry up this fall. The total annual cost of the program is $2.2 million. Like most community-based victims' services, the CoSA program is not very costly. It has 700 volunteers across the country who meet with offenders after their release and help them find a job and a place to stay. They meet for coffee and help offenders rebuild their lives and avoid reoffending. They help them develop a sense of accountability.

It is important to ensure accountability and reintegration so that once offenders have gone through the correctional system and are released from prison, they are able to return to society and not reoffend. Furthermore, it is important to know that there is now a publicly available list of offenders who are returning to the community.

It is not that simple, though. Most people alleged to have committed a sexual offence against a child or minor are known to the victim. Indeed, the alleged offender was known to the victim in 44% of cases, and even a family member in 38% of cases. It is important to keep that in mind. It is not just a question of protecting our communities from strangers. Too often, it is someone the victim knows. We must therefore also ensure accountability and protection, which have to do with prevention. To ensure prevention, we need to make sure that police forces, communities and mental health services have the resources they need.

I would also like to talk about the work done by Circles of Support and Accountability, whose budgets have been cut. The mission of these organizations is to make communities safer and reduce the number of victims of crime by supporting and helping people who have committed crimes, as well as holding them accountable, so they can begin to lead responsible, productive lives. They do so in partnership with correctional and police services, in order to make communities safer and help offenders reintegrate into their communities.

It is crucial to point out that, according to studies, the rate of sexual recidivism is 70% lower among those who take part in a Circle of Support and Accountability. According to another study, these kinds of support groups help reduce the rate of recidivism by 83%. What we need, more than this bill, is resources in the community to really protect our children and our communities in the future, as the government claims it wants to do.

We will examine this in committee and see what comes out of that.

[Tarik Brahmi, NDP, Saint-Jean, QC]

Mr. Speaker, I listened carefully to my colleague's speech.

There was one part that she unfortunately did not have time to talk about. By increasing sentences and thus inmates' incarceration, the government will do what the Quebec justice minister deplores: they will incarcerate these individuals in provincial rather than federal prisons. That has been criticized in Quebec and probably also in other provinces. The government is going to offload onto the provinces the additional cost of these prison terms, which are sometimes pointless, as my colleague mentioned, while prevention and rehabilitation are probably the best solutions.

Once again, the federal government is going to wash its hands of the financial implications for the provinces. These federal decisions are going to increase the financial burden on the provinces. What does my colleague think of that?

[Mylène Freeman, NDP, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, these are very serious crimes. We have a duty to protect our children and prevent this type of crime in the long term.

It is not enough to pass a bill that will incarcerate more people, because it does not provide the resources. By incarcerating more people in provincial institutions the government is giving more responsibilities to the provinces, but not more resources.

The same thing applies to federal prisons. The government is making cuts to Correctional Service Canada. As my colleague from Alfred-Pellan pointed out, a federal prison was transferred to the province. The government is making cuts to the prison system without providing the necessary resources. It is also making cuts to prevention and rehabilitation.

Thus, this bill is very worrisome because all it does is increase sentences. There are no long-term prevention or rehabilitation measures.

[Matthew Kellway, NDP, Beaches—East York, ON]

Mr. Speaker, parents know that at some point, actually at many points, they have to give their kids over to the care of other people, whether it is for sports, education, just plain care, whatever the case may be. It becomes obvious that prevention is an important part of all of this. I appreciated that in my colleague's speech, she referenced concern with the issue of prevention. I also appreciated what she talked about as the specific social circumstances in which sexual abuse crimes occur against children, and it is often by people they trust, being friends, neighbours, et cetera.

Is there anything in this bill that addresses those circumstances? The minister cited the 6% increase in sexual crimes against children, and yet I did not read anything in the bill that addresses the specific social circumstances in which these crimes often take place.