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.

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

March 27th, 2015 / 12:35 p.m.


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Saskatoon—Rosetown—Biggar Saskatchewan

Conservative

Kelly Block ConservativeParliamentary Secretary to the Minister of Natural Resources

Mr. Speaker, I am very pleased to rise in this House today to speak to Bill C-26, the tougher penalties for child predators act.

Before I begin, I would like to thank the members of the Standing Committee on Justice and Human Rights for their important study of the bill and for moving it forward in an expeditious manner.

Since our government was elected, we have taken tremendous steps forward to ensure that streets and communities are safe places to live, work, and raise our families. We have worked tirelessly for these changes, especially when it comes to protecting the most precious and vulnerable members of our society, our children.

In 2011, we strengthened the National Sex Offender Registry through the implementation of the Protecting Victims from Sex Offenders Act. This legislation ensures that every individual convicted of a sexual offence is automatically registered with the National Sex Offender Registry and must provide a DNA sample to the National DNA Data Bank. It also added provisions to include on the National Sex Offender Registry those individuals who have been convicted of sex offences abroad and who then return to Canada.

In addition to these key reforms, the Protecting Victims from Sex Offenders Act addressed several important operational issues, such as the inclusion of registered sex offenders' vehicle information in the National Sex Offender Registry and allowing federal and provincial correctional services to notify registry officials when a registered sex offender is admitted into custody or is released into the community, including for temporary releases of seven days or more.

Through the Safe Streets and Communities Act, passed in 2012, we strengthened the Criminal Code's prohibitions against sexual exploitation by creating new mandatory minimum sentences for existing offences related to child exploitation and by increasing the mandatory minimum penalty for other existing offences; by prohibiting convicted child sex offenders from having any unsupervised contact with a young person under the age of 16 or having unsupervised use of the Internet or other digital devices; and by prohibiting convicted child sex offenders from being in public places where children can reasonably be expected to be present, requiring them to remain in specified geographic areas, and requiring them to abstain from drug and alcohol abuse or use.

We have also passed legislation that makes it illegal to provide sexually explicit material to a child for the purpose of facilitating the commission of an offence against that child.

We have increased the age of protection, the age at which a young person can legally consent to sexual activity, to 16 years of age, where previously it was 14.

We also continue to keep Canadians safe at the border with our Canada Border Services Agency officers employing effective border policies that prevent sex offenders from entering Canada. In fact, in 2014 alone, referrals provided by U.S. Customs and Border Protection concerning sexual offenders travelling to Canada led to 59 instances when the Canada Border Services Agency was able to refuse entry at the border.

We have reached significant milestones to make our streets and communities safer for everyone, but there is still work to do.

Canadians have the right to go about their daily lives without fear, and that is especially true when it comes to the fear of their children experiencing the emotional turmoil of sexual abuse.

In 2013, police reported approximately 4,200 incidents of sexual violations against children. That is a 6% increase from 2012. I am sure that all members can agree that one child victim is one too many.

We must ensure that our focus is balanced and that it protects the rights of victims and law-abiding citizens. This brings me to why I am speaking today. The changes proposed in Bill C-26 before us would allow our government to strengthen measures to better protect our children from sexual exploitation.

First and foremost, there are a number of amendments to the Criminal Code and the Canada Evidence Act, including requiring that those convicted of contact child sexual offences against multiple children serve their sentences consecutively, one after another, to recognize the serious nature of the offence against each victim; requiring that those convicted of child pornography and contact child sexual offences serve their sentences consecutively; increasing maximum and minimum penalties for child sexual offences; increasing penalties for violations of conditions of supervision orders; and allowing spouses to provide testimony that is often needed to secure convictions in these important cases.

This legislation will also make vital changes to the National Sex Offender Registry by enhancing law enforcement's knowledge of registered sex offenders who are travelling abroad. For example, a registered sex offender would be required to give advance notice of the dates and every address or location at which they expect to stay for travel of seven days or more outside Canada. Those with a conviction for a sex offence against a child would be required to provide this information for all travel, regardless of the duration of the trip.

As part of this legislation, we would improve information sharing about high-risk sex offenders between officials responsible for the National Sex Offender Registry and the Canada Border Services Agency. As it currently stands, officials in charge of the registry are not authorized to share information on registered sex offences with Canada Border Services Agency.

What is more, officers at the border are not able to provide information to the officials at the National Sex Offender Registry to confirm the date of a sex offender's departure and return and where the person has stayed outside Canada. It is of utmost importance that we give our border services officers the authority and information they need to do their jobs and keep Canadians safe.

Therefore, we are proposing that all registered sex offenders be required to report every driver's licence number and passport number they hold and the name of each respective issuing jurisdiction. This would enable officials to disclose this information to the Canada Border Services Agency with other identifying information about registered sex offenders, particularly in cases of high-risk child sex offenders, and ensure that they are included in the Canada Border Services Agency lookout system.

The final element in this bill would further contribute to the safety of our communities by providing the public with access to a database of information regarding high-risk child sex offenders. The high risk child sex offender database act would authorize the RCMP to establish and administer a national publicly accessible database containing information on high-risk child sex offenders who have been the subject of a public notification in a provincial or territorial jurisdiction. Public safety officials are consulting with their provincial and territorial counterparts to discuss public notifications for high-risk offenders and the criteria to be used to determine which high-risk child sex offenders would be included in the database.

In summary, the bill before us today would ensure that penalties for child sexual offences better reflect the serious nature of these crimes. We believe that all child sex offenders should be held fully accountable for their actions.

These heinous crimes cause unimaginable devastation in the lives of children and their families. This is why, as a government, we must do everything in our power to protect our most vulnerable. I am very pleased to know that all hon. members in this House support this important piece of legislation.

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March 27th, 2015 / 12:30 p.m.


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Liberal

Emmanuel Dubourg Liberal Bourassa, QC

Mr. Speaker, I thank my hon. colleague for her speech.

The Liberal Party agrees with the measures in Bill C-26. It is important to take appropriate measures to combat the growing problem of child pornography and child abuse. We have to do something. We also agree that there should be more penalties set out for these situations.

We still do not know when the next budget will be tabled, but can we expect it to include money and resources to address this situation?

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March 27th, 2015 / 12:20 p.m.


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Simcoe—Grey Ontario

Conservative

Kellie Leitch ConservativeMinister of Labour and Minister of Status of Women

Mr. Speaker, I will be splitting my time with the Parliamentary Secretary to the Minister of Natural Resources.

I am pleased to rise and speak to Bill C-26, the tougher penalties for child predators act. Bill C-26 seeks to ensure that child sex offenders are held accountable for the horrific crimes they commit against the most vulnerable members of our society, Canadian children.

This bill proposes to achieve this important goal through a range of different measures, which include amendments to the Criminal Code and the Sex Offender Information and Registration Act, as well as the creation of a high risk child sex offender database.

The objective of Bill C-26 should be one that all parliamentarians support, yet some have questioned the necessity of the proposed amendments. These amendments are necessary, sadly, because the incidence of child sexual offences continues to rise.

In 2013, police-reported sexual offences against children increased again, this time by 6%, and 2011 and 2012 each saw a 3% increase. As Statistics Canada noted, “...sexual violations against children was one of the few categories of violent offences to increase in 2013.” These numbers are cause for concern, and we feel compelled to reinforce our response to these serious crimes.

Bill C-26 better reflects the seriousness of child sexual offences by proposing to increase mandatory minimum penalties and maximum penalties for many child sexual offences. I can say from personal experience, from meeting these young children in emergency departments, that these are horrific crimes. These children are damaged for life, mentally and physically, and it is appalling to me that some members of the House may not be supporting these most basic protections and may not be supporting how we propose to treat the individuals who perpetrate these crimes against children.

In addition to increasing the penalties for making and distributing child pornography, which is also included in the bill, Bill C-26 proposes to make these offences strictly indictable to better reflect their severity. Child pornography offences have devastating and long-lasting impacts on victims, particularly when they are posted on the Internet, where they can reside for someone's entire life.

The bill would also ensure that it would be considered an aggravating factor to commit an offence while subject to a conditional sentence, order, parole, or statutory release.

To assist in preventing future offences by known or suspected child sexual offenders, Bill C-26 proposes higher penalties for those convicted of breaching supervision orders. It is our responsibility, once those offenders are released into the community, to ensure that supervision orders imposed on them are observed and that breaches of conditions imposed to protect children result in serious consequences.

To achieve this objective, Bill C-26 proposes to increase the maximum penalties for breaches of prohibition orders, probation orders, and peace bonds. These types of orders often contain conditions intended to protect children. Maximum penalties for breaches of conditions of any of these orders would be increased from six to 18 months if proceeded on by summary conviction and from two to four years if proceeded on by indictment.

Our government is committed to ending sentence discounts for child sexual offenders. To that end, Bill C-26 requires courts to order, in all cases, that sentences imposed for child pornography offences be served consecutively to sentences imposed for other contact child sexual offences. Bill C-26 would also ensure that offenders who sexually abuse multiple children do not receive sentence discounts just because they are sentenced at the same time for offences involving multiple victims.

Bill C-26 would clarify the text of the subsection of the Criminal Code that contains the general rules regarding concurrent and consecutive sentences. Its current wording is the result of an amalgamation of rules that predate Confederation and, as such, require clarification and modernization.

Bill C-26 also proposes to codify certain sentencing rules applicable to the imposition of concurrent and consecutive sentences, such as the imposition of concurrent sentences for offences committed as part of the same criminal transaction, also referred to as the “same event or series of events” rule.

Bill C-26 also proposes to codify certain sentencing rules applicable to the imposition of concurrent and consecutive sentences. By way of example, one such rule provides for the imposition of concurrent sentences for offences committed as part of the same criminal transaction, also referred as “the same event or series of events” rule.

However, courts have also acknowledged that consecutive sentences should be imposed in certain circumstances even if the offences in question were committed as part of the same event or series of events. Bill C-26 would recognize two of these circumstances. An offence committed while fleeing from a peace officer would be served consecutively to any other sentence arising out of the same event or series of events, and a sentence imposed for an offence committed while on bail would also be served consecutively to any other sentence imposed.

Bill C-26 would also amend the Canada Evidence Act to ensure that spouses of individuals accused of child pornography offences are compelled witnesses for the crown. In some situations, the testimony of an accused's spouse may be required to prove guilt beyond reasonable doubt. An example would be a case in which child pornography was found on a home computer.

Our government recognizes that criminal legislation alone is an incomplete response to child sexual abuse, and the criminal justice system's response to sexual violations against children must be multi-pronged. Bill C-26 forms an integral part of that response. I must say that I am also particularly pleased that our government has allocated over $10 million for new or enhanced child advocacy centres to address the needs of child and youth victims of crime. These centres assist in the recovery of children and youth who have undergone this incredible trauma.

As I can say from personal experience with the children that I have met, these resources that are being made available now through child advocacy centres across the country are needed. We as a government are focused on a multi-pronged approach that uses legislation and enforcement to not only make sure that the perpetrators of these crimes are held accountable but also that these young victims of crime receive the support they require so that they can rehabilitate and have prosperous lives.

I hope that all members of the House will support this important legislation to protect children at third reading.

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March 27th, 2015 / 12:20 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the member is quite right. It is more than just passing legislation. Bill C-26 has the support, from what I understand, of all members of the House. I do believe that all members recognize the importance of the issue, and we are voting in favour of and passing the legislation.

However, there is a great deal of difference between this side of the House and the government side of the House in terms of what the government is doing to provide the resources that are necessary and demonstrating the leadership that is necessary, if I could focus on this point, to work with the different stakeholders, to deal with the issue of child exploitation, whether on the Internet or in the communities, whether dealing with socially dysfunctional families in our communities to those troubled youth who are having a difficult time because of circumstances that they have found themselves in, being in the wrong place at the wrong time.

There is so much more that we could be doing. That means working with the different groups, the non-profits and others. It means working with the different levels of government at the municipal and provincial levels and developing a more comprehensive plan to deal with this very important issue. This is something that the leader of the Liberal Party is committed to doing and that our caucus and, I suspect, other caucuses are attempting to do. From the Liberal Party's perspective, we take this issue seriously and we challenge the government not only to present the budget but to deal with issues of this nature in the budget, along with middle-class jobs I must say.

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March 27th, 2015 / 12:10 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I am pleased to rise to conclude my remarks on Bill C-26. As I indicated, the Liberal Party supports the bill and recognizes that it would have a positive impact in our communities.

We like to think that in addressing the issue of child exploitation, it involves more than just bringing in legislation. We want to see a government that is prepared to allocate the resources necessary to work with the different governments and support our many different non-profit and other organizations in our communities and throughout our country that deal with the issue of child exploitation, especially when we look at the ways it has expanded.

I will conclude my remarks by very briefly commenting on how technology has been used to advance something that is so abhorrent and unacceptable to the vast majority of Canadians, and that is the sexual exploitation of our children. This problem is a growing concern. I understand that in the last couple of years we have seen a 6% increase in child exploitation through the Internet. I suspect it is even higher than that.

There is so much more the government could be doing and should be doing to try to resolve an issue that has such a profound negative impact on our children in all regions of our country and in all the socio-economic strata of our children. There are some children who are put in vulnerable positions more than others and we need—

Tougher Penalties for Child Predators ActGovernment Orders

March 27th, 2015 / 10:40 a.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it is a privilege to stand in the House to comment on very important issues facing Canadians today. Certain social policy issues have been there for a number of years. Yesterday we spent a great deal of time talking about ISIL, as an example. Today we have before us an important piece of legislation that deals in a positive way with some steps forward on the issue of child exploitation. Once again, we have an issue before the House that is of critical importance. Canadians have an expectation that the government will do whatever it can to have a positive impact on a very important social issue.

I would like to take a different perspective on the debates and discussions that I have heard thus far on Bill C-26. First I would like to clearly indicate that the Liberal Party does support Bill C-26, the tougher penalties for child predators act. We see this as a move in the right direction. However, in dealing with the issue, there is a lot more to it than just bringing forward legislation.

They say “the proof is in the pudding” or “actions speak louder than words”. Quite often we find that the government's actions have fallen short in dealing with the important issues that Canadians want the government to deal with.

We hear a lot about child sexual exploitation. There is a great deal of growth in the Internet aspect of child exploitation. There is absolutely no doubt about that. I hope to get some time to reflect on that toward the end of my speech.

For now I want to talk about the social conditioning, what is actually taking place in our communities. The issue of exploitation has been there for many years. We have seen a significant increase in that exploitation as the technology of the Internet continues to expand with access to child videos. These children are being exploited in a way that is absolutely and totally unacceptable by the standards of true Canadian values.

Yesterday we were talking about out heroes, members of the Canadian Forces, whether male or female, who are out there defending us and executing what we, as legislators and as Canadian society, believe is important. They are heroes. We have other types of heroes as well. We talk about the RCMP and the fine work that they do. We talk about other law enforcement agencies. There is a special group of law enforcement agents that I would like to single out. These are the individuals who are at the ground level having to fight child exploitation, in particular sexual exploitation, day in and day out.

I have had the opportunity to personally meet a number of police officers or law enforcement officers who have had to deal with this issue. One in particular talked about having the unfortunate responsibility of having to view literally hours and hours of images and how horrendous these images are, whether in the form of a still picture or a video production. We have law enforcement officers in Canada who have to do this horrendous work in order to ensure that justice is brought to society, in particular for our victims, and that those who are perpetrating this horrendous crime are brought to justice.

I recognize the efforts of those law enforcement officers and others who are engaged on the ground in protecting some of the most vulnerable in society. As far as I am concerned, they should be applauded and recognized as heroes. It is not an easy job, as I have indicated. Other members have made reference to this profession and the responsibilities of it.

I would like to speak to the issue of social conditioning and what takes place in our constituencies. I will cite an example of what I believe is a huge success story. Marymound, which happens to be located in Winnipeg North but has been in Manitoba for about 100 years, recognizes that there are different forms of exploitation and that it has taken place for many years.

On a couple of occasions over the years, I have had the opportunity to visit Marymound. I have toured the grounds and have participated in some discussions on exactly what Marymound does. I would emphasize how wonderful it is to have a special group of people who make a difference in the lives of youth.

I will give members a sense of the responsibilities of Marymound. There are many different types of families, some of which are dysfunctional, where guidance is not provided to children. Often children end up being on the streets and as result, they are exploited. Some individuals are really challenged in accepting what most Canadians would perceive as acceptable behaviour. Marymound is a home that provides an alternative in the short term for many of these challenged young ladies who are trying to get their lives in order.

On one of the tours of the facility, which spoke to me in a very loud way, I met a young lady. The social worker taking me on the tour introduced me to her. She indicated that the staff were so proud of her because it was one o'clock in the afternoon and she had not hit anyone. Imagine the condition in which that individual grew up. I would guess she may have been in her late teens, maybe 18. If we were to get a sense of the clients of Marymound, I suspect we would get many horror stories about the many different types of exploitation that happen in our communities today.

We can talk about child prostitution. We can talk about the drugs in our communities. There is a reason why children are encouraged to take drugs, and in good part it is about sexual exploitation. We can talk about individuals who have been exploited over the Internet.

Why do I bring up Marymound? I believe there are many wonderful organizations, some of which have been well established for 100 years, like Marymound. Others have been established over the last five to ten years. There are other organizations that want to establish foundations or support groups so they can be there for the victims of exploitation, to assist them in their recovery and give them a better chance at success in life.

These are the types of groups and associations that government should look at to see how we can invest in the resources to support those young ladies. It is predominately young ladies, but there are also many young boys who are exploited, whether it is through the Internet or on the streets of many of our communities across Canada.

These are the types of things the government should be addressing in a more progressive fashion. We are disappointed that the issue has not been dealt with or received the type of debate in the House. It has not received the sense of co-operation with the different levels of government working together to have the desired impact that Canadians want on such a very important issue.

Let us talk about exploitation. If I wanted to get very specific with the government, one of the greatest, if not the greatest, growth areas in child exploitation takes place on the Internet. There is no doubt about that. In the last couple of years, we have seen a 6% increase in exploitation. This exploitation ranges from the age of four, and I sadly suspect even younger, to young ladies and men aged 17 to 19.

I talked about those heroes, the law enforcement officers. We have a situation where the Government of Canada has an exploitation unit of sorts, which is supported by the RCMP in monitoring and looking into what is taking place on the Internet, tracking down some of these perpetrators, and trying to shut down Internet sites that are promoting child exploitation. They are out there, trying to identify those pedophiles who are causing so much harm to our young people in all regions of our country.

A budget has been allocated for that special unit and it has been constantly challenged to underspend that budget. Depending on who we talk to, I have heard very specific comments about a challenge to all government members and ministers and their departments to underspend their budgets. We know for a fact that the government continues to allocate certain blocks of money, then stands on a pedestal, says that it is committed to fighting x and that it has allocated this kind of money to it. However, in reality, it constantly underspends. There has been no exception, not even when it comes to fighting sexual exploitation online taking place today and is a growing industry in Canada.

The RCMP has underspent its budget by approximately $2 million annually. That is more than $10 million overall that could have been used to shut down the sites that cause the problems and to deal with critically important prosecutions of individuals who mastermind and take advantage of these young children.

The Liberal Party has raised these issues inside and outside the House. It is completely unacceptable. The government needs to recognize that this is an important issue about which all Canadians are quite passionate. They want the government to do what it can.

It is great that we have legislation before us that will have a good, but limited, impact. We support the legislation. However, we want the government to do more than just bring in legislation. This is an election year, and I suspect that is one of the reasons why the government is motivated to bring in some of the legislation it has introduced in recent months.

I and others have cited the RCMP as one issue, but there are others. In committee we had great explanations about the cuts to the Circles of Support and Accountability program. The federal government has cut back on a program that has been very successful. Professionals came before the committee and testified to the degree of its success.

It has been indicated that 240 sexual crimes never happened because of this program. This is according to a government study. When the government talks about dealing with this type of exploitation, legislation is one thing.

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March 27th, 2015 / 10:10 a.m.


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Kamloops—Thompson—Cariboo B.C.

Conservative

Cathy McLeod ConservativeParliamentary Secretary to the Minister of Health and for Western Economic Diversification

Mr. Speaker, before I begin, I would like to note that I will be sharing my time with the member for Saskatoon—Wanuskewin.

When we come to this place, we all come with certain reasons behind what we want to accomplish. One, of course, is to improve the lives of Canadians. Another is sometimes to fix things that we believe are terribly wrong with our systems. For me, this legislation fits in the latter category of fixing something that we believe is terribly wrong.

Many people have been fortunate, in their careers and their lives, and they have never been touched by this particular issue. They have been spared the heartbreaking view of what happens to these young children when they are violated. In my career, I spent many years working in a rural emergency department. When I rise both to speak to this bill and to vote, it will be with the victims that I will be making that vote. I will give just a few small examples before I actually talk about the technical aspects of this bill.

I remember very clearly the 14-month-old who came in with incredibly bruised genitalia and a fractured femur. I remember three little girls. I remember the day their dad died in an accident. Two years later their mother remarried someone who then began to abuse those little girls. I remember a rape kit we had to pull out of the cupboards for a 12-year-old, barely pubescent young girl who had gone out and had a few drinks for the first time in her life. She had overdone it, and had then been brutally raped.

I remember a nurse who worked the night shift. One day she went home and her daughter revealed that the step-dad had been climbing into the beds at night, and the absolute trauma and the guilt that this nurse experienced as she dealt with the fact that she had married someone who was abusing her most precious possessions.

These are just some examples of what I experienced in my career. However, I was only representing a small area of this country, a small area of the province in terms of providing services. We have to recognize that these things are being repeated across the country many times over. Some are being reported; some are not.

I have witnessed young girls going into the criminal system to share their testimony and not meeting that burden of guilt that was required, and seeing the person who had violated them go free.

I hope this is a personal issue that everyone can stand up and support.

I need to talk about the specifics of this bill. It set out to recognize the devastating impacts such crimes have on the lives of the victims. It ensures that justice is not only done for each victim, but also for each crime by requiring sexual offenders to serve sentences that are proportional to the degree of harm inflicted on each victim.

What is it going to do? It is going to increase penalties for sexual offences committed against children. This includes increasing existing maximum and mandatory minimum terms of imprisonment for certain offences, as well as ending sentence discounts for child pornography offences where there are multiple child victims. Bill C-26 also increases the penalties for breach of a number of supervision orders. These amendments are necessary to protect the community from offenders who deliberately persist in reoffending, and this despite having been given the privilege of being conditionally released in the community.

Such amendments are not only integral to the protection of our communities, but necessary to incapacitate repeat sex child offenders who choose recidivism over rehabilitation, and continue unlawful conduct over peaceful reintegration into the community.

Again, there is not one of us who as members of Parliament have not had concerned citizens phoning our offices when there is a repeat child offender released into their communities. In many cases I have seen them go on to repeat their crimes. We are all absolutely horrified that the system that we had in place did not actually address those issues.

These proposed amendments would ensure consistency in punishment for breaches of prohibition orders imposed on child sexual offenders, section 161, breaches of probation orders, section 733.1, and breaches of peace bonds, section 811, imposed on individuals feared to be at risk of committing a sexual offence against a child.

In all these cases, offenders would be liable to a maximum of four years imprisonment on indictment and 18 months imprisonment on summary conviction.

The bill would provide the same penalty for a breach of the new prohibition order, section 162.2, created by Bill C-13, the Protecting Canadians from Online Crime Act, which can be imposed for the new offence of the non-consensual distribution of intimate images. Bill C-13 came into force on March 10, 2015.

Furthermore, Bill C-26 would make it an aggravating factor on sentencing for an offender to commit an offence while on parole, statutory release, or an unescorted temporary absence or while being subject to a conditional sentence order.

The proposed amendments would also ensure that the relevant evidence was available in prosecuting child predators in the case of child pornography.

As a general rule, the spouse of a person accused of most offences cannot testify for the prosecution, even if the person wants to. The exceptions to this rule permit spousal testimony for most child sexual offences and the offence of violence against young persons, but it is important to note that it does not include child pornography offences.

In the case of child pornography, evidence of the accused's spouse is often required to prove the guilt of the accused. For example, the spouse's denial of responsibility for child pornography or a shared home computer may be necessary to prove the accused's guilt beyond a reasonable doubt.

Bill C-26 proposes to amend the Canada Evidence Act to add child pornography to the list of exceptions and to therefore make the spouse competent and compellable to testify for the prosecution.

Bill C-26's proposed reforms also seek to build on existing measures to better protect children in Canada and abroad against sexual abuse by convicted child sex offenders. The bill proposes to establish a new, publicly accessible national database of high-risk offenders convicted of child sexual offences.

Currently, all provinces and territories have the power to advise the public about the release of high-risk offenders. These notifications are made at the discretion of the police, and they contain characteristics about the offender and the nature of the offences committed.

However, such notifications are limited to the jurisdiction and province where they are made. The bill seeks to expand access to all of those local notifications on a national scale. We do not have any boundaries in terms of where people go in Canada. The establishment of such a database would be a great example of a coordinated effort to protect the community against convicted high-risk sex offenders, because it would consolidate existing notifications in one publicly accessible spot.

As I mentioned earlier, a complete and comprehensive response to child sexual exploitation also requires a coordinated effort that encompasses programs, services, and partnerships among key stakeholders, including federal, provincial, and territorial governments, law enforcement agencies, and civil society. In this respect, since 2010, the government has allocated $10.25 million for new or enhanced child advocacy centres to address the needs of child and youth victims of crime.

We obviously have existing criminal prohibitions against child sexual abuse. However, the fact that it has been growing in the last few years at an extraordinary rate, as indicated earlier by my hon. colleague opposite, and the fact that children account for 55% of all victims of police-reported sexual offences, even though they account for only 20% of the Canadian population, is a stark reminder that more must be done.

We must stop such heinous crimes. As such, I urge all members of the House to unanimously support the passage of Bill C-26.

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March 27th, 2015 / 10:05 a.m.


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NDP

François Pilon NDP Laval—Les Îles, QC

Mr. Speaker, today I am pleased to rise to finish the speech that I started on Wednesday about Bill C-26, which is back before us today.

Previously, I was talking about how important it is to punish those who commit sexual abuse against children, and that is why we will vote in favour of Bill C-26.

It is imperative that we eradicate this scourge. As parliamentarians, it is our responsibility to prevent these crimes from happening. As I said on Wednesday, even a single case of child abuse is one too many. We must therefore take a preventive approach, which Bill C-26 does not do.

Since 2006, the Conservative government has taken steps to protect children, and we commend those measures. Among other things, they made it illegal to provide sexually explicit material to a child for the purpose of facilitating the commission of a sexual offence, strengthened the sex offender registry, increased the age at which a young person can legally consent to sexual activity from 14 to 16 years, put in place legislation to make the reporting of child pornography by Internet service providers mandatory, and made it illegal to use computers or other means of telecommunications to agree with or make arrangements with another person to commit a sexual offence against a child.

I was hoping that those measures could have been effective. However, when he appeared before the Standing Committee on Justice and Human Rights concerning the supplementary estimates, the Minister of Justice said that sexual offences against children have increased 6% over the past two years.

That statistic is extremely troubling. It also shows that the government is taking a rather minimalist approach. One thing is clear: paying lip service is not enough. The lack of financial resources, in terms of both enforcing existing laws as well as preventing these crimes, makes any new legislation pointless.

For instance, the NDP has always supported the circles of support and accountability program, or COSA. However, the government recently announced that it was cancelling funding provided by Correctional Service Canada. This is penny wise and pound foolish, since it will have a huge negative impact on this prevention plan and community services to victims, which are already operating on a very meagre budget of just $2.2 million.

We also learned recently that, over a period of five years, the RCMP did not spend over $10 million that was earmarked for the National Child Exploitation Coordination Centre and other essential government projects to fight child pornography.

The cuts, made in part as the RCMP's contribution to the deficit reduction action plan, were imposed even as the number of public reports of child abuse was increasing at an alarming rate.

Tougher prison sentences and stricter measures are certainly effective ways of preventing repeat offences, but they do nothing to eliminate the problem in the long term if the necessary human and financial resources are not assigned to prevention programs and efforts to raise awareness among the public and the authorities about this absolutely appalling type of crime.

As I said, we will support Bill C-26, since the NDP has always had a zero tolerance policy when it comes to any type of sex crime. That is another reason why we are disappointed that the bill did not go further and propose truly effective measures for protecting our children and tangible preventive measures to make our communities safer.

In that sense, we are disappointed that Bill C-26 does not include any new funding or financial resources. Tougher prison sentences are a good start, but they are not enough. Our communities need resources to deal with the sexual abuse of our children, and Bill C-26 offers nothing new to that effect.

The other thing we take issue with is this government's lack of co-operation and refusal to do non-partisan work on a bill that we all agree on. All of us, as parliamentarians, could have worked together on this bill and pulled together to eliminate this terrible problem of child sex abuse.

Victims and the general public would have benefited from the government being more open-minded on such an important, non-partisan issue. The Conservatives ignored the recommendations of the associations, experts and professionals who testified in committee. It is sad and shameful to see the government turn such a serious and important issue into a partisan issue.

Nevertheless, in closing, the NDP will support this government's Bill C-26 simply because we believe that the measures proposed in it are a good start.

However, the NDP would have liked to take this further, particularly when it comes to prevention and allocating financial resources to the authorities and stakeholders in the field.

We hope that in future, the government will take expert and stakeholder opinion into account in important legislation like this. This is not about winning an election. This is about the well-being of our children, and political partisanship should have no part in that.

Business of the HouseOral Questions

March 26th, 2015 / 3:05 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, this afternoon we will continue debating government Motion No. 17, respecting Canada's military contribution to the campaign against the Islamic State of Iraq and Levant. Considering the importance of that debate, we will be continuing it, under an order of the House, until midnight tonight.

ISIL has stated its intention to target Canada and Canadians. In fact, ISIL issued a call to action for people to attack targets in Canada. So far two attackers have responded to that call. That is why we have to take on ISIL, take on the threat it poses and keep it from establishing a geographic foothold from which to operate. We intend to continue to degrade and destroy ISIL.

That is why we are seeking the support of Canadian parliamentarians for our decision to extend and expand Canada's military mission with our allies so we can effectively fight this jihadism which threatens our national security and global security.

We will return to that debate on Monday afternoon and complete it that day.

Tomorrow, we will continue—and, hopefully, conclude—the third reading debate on Bill C-26, the Tougher Penalties for Child Predators Act.

Monday, before question period, we will start the second reading debate on Bill C-52, the Safe and Accountable Rail Act. This legislation will improve railway safety and strengthen oversight while protecting taxpayers and making the rail industry more accountable to communities. This debate will continue on Tuesday.

On Wednesday, the House will resume the second reading debate of Bill C-42, the common sense firearms licensing act. The bill meets the government's objective to cut red tape for law-abiding firearms owners and provide safe and simpler firearms policies. Changes to the Criminal Code would enable the government to take steps to ensure the rights of lawful firearms owners would be respected. The debate will continue on Thursday, when we will adjourn for Easter.

Tougher Penalties for Child Predators ActGovernment Orders

March 25th, 2015 / 5:25 p.m.


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NDP

François Pilon NDP Laval—Les Îles, QC

Mr. Speaker, I will start by saying that we will be voting in favour of Bill C-26. Based on the questions raised since this morning, the other side is still undecided.

As several of my colleagues mentioned this afternoon, the bill deals with the incarceration of sexual predators. We seem to be forgetting about the children. Children who have been abused are scarred for life. Clearly, incarcerating sexual predators is a good thing. However, the ideal solution would be to prevent sexual predation. As the member who spoke before me said, there is nothing in this bill to prevent sexual predators from committing the abuse. Of course they will not be able to do so once in prison, but there will be other sexual predators, because this type of abuse has always existed. We have to treat these people.

I am in a good position to talk about the damage done to abused children. My sister provides emergency foster care for youth protection services. She fosters children who must be taken away from their families on an emergency basis. Quite often the children she cares for have been taken away from their family because they were sexually abused by their own parents. These children believe that they were taken away from their families because they did something wrong.

This could all be avoided if, instead of introducing a bill to put sexual predators in jail, the government tried to prevent this type of abuse at the source.

Tougher Penalties for Child Predators ActGovernment Orders

March 25th, 2015 / 5:10 p.m.


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NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, I would like to say that I am splitting my time with the member for Laval—Les Îles.

The stats are troubling. One out of three girls and one out of six boys will be sexually abused before the age of 18. These statistics mean that right now in Canada there are five million girls who have been sexually abused and 2.8 million boys. That number is too high. That is a statistic that should trouble everyone in Canada.

That is part of the reason why we are supporting Bill C-26 going forward, but we do not believe that the bill goes far enough and I will explain why. Some 95% of child sexual abuse victims know their perpetrator in some way, a statistic from the Badgley commission in the eighties, and 68% are abused by a family member, someone within their family: stepfather, father or an uncle. When we think of these statistics, the problem becomes much more complex.

I am the father of a 10-year-old girl. I have another daughter on the way. She is due to be born in June. These statistics are troubling to me as a father. It is something that is always on my mind. It is always a worry that one day something might happen to my daughter.

New Democrats have zero tolerance for child sexual abuse. I would like to think that zero tolerance for child sexual abuse does not mean that we only get the predator after the perpetrator has abused the child, because that, in effect, is what the bill is addressing. For everything that is addressed in the bill, the sexual abuse has already happened. My hope as a father is that we could get rid of child sexual abuse before it happens, before any child in this country is abused.

There is nothing in Bill C-26 that will stop a child from being abused. I will explain why. The reason is that once the police put a predator in jail, the predator has abused a child. Once a perpetrator's name is in a database, the perpetrator has abused a child already. The abuse has already happened.

My question to my colleague, who may or may not be listening to me speaking about this, is that we have to find the solution to stopping sexual abuse before it happens. We have to reduce this problem that is in our country.

That said, we do support measures to remove child sexual predators from general society to protect the children they may further abuse. We even went to the point during the debates on Bill C-10 to approach the House leader and the minister responsible to say that we would take all the measures for child sexual predators out of the omnibus legislation and fast-track them through the House right away, make them into law right away. Unfortunately, the other side did not accept that. We thought that the need to pass them was pressing and that is why we proposed that. We would agree with putting these predators away so that the abuse stops.

However, we have to start talking about real action and we have to back up this action with actual funding, because tough words will not solve the problem. We also have to keep an open mind when we discuss this, because child sexual abuse is a wicked problem. It does not have simple solutions.

The statistics I cited at the top of my speech should make members think. Often when abuse happens in a family, the child is unwilling to speak because it may be a father or a stepfather. In the children's minds, they are trying to protect their family in one way, and yet they are trying to protect themselves. It is a very confusing experience for a child.

The Child Molestation Research & Prevention Institute in the U.S. says:

Professionals - physicians and therapists - can never put an end to sexual abuse; neither can the police or the courts. Why? Because they come on the scene too late. By the time they get there, the children have already been molested.

Therefore, the question we should be asking is, how do we prevent child abuse? We need to have frank discussions. The member across mentioned education, but part of the education piece that needs to happen is how to talk within families about abuse. It should not just be talking about the predator being a stranger outside of the family who is somehow going to infiltrate the family to abuse the children. Often the abuser is within the family already. Therefore, we need the tools to have these frank discussions about issues of abuse and issues of consent. As I said, 95% of the people are known to the children and 68% are often a family member.

At the core, sending molesters to jail as a solution to child molestation will always fail our children because in order for a molester to be jailed children will be abused. This is again from the institute. It is the same with treatment. When people who perpetrate child sexual abuse are identified for treatment, they have often already abused the child.

The member across the way also said that what we think of child sexual predators is not always the case. It is not one ethnic group and not one social class. There was actually a study done. It was called the Abel and Harlow child molestation prevention study. It looked at 4,000 admitted child molesters, men from the ages of 18 to 20. They found the following statistics: 77% were married; 93% were religious, men of faith; 46% had college educations; and 65% had normal steady work. After stating that, what does a child sexual predator look like? Physically, it could look like many of the men in this chamber. It is not what we imagine it to be on the outside.

They look like normal men on the outside, but on the inside they have a disorder that has been identified under the DSM as pedophilia. Pedophilia is an awful mental disorder. We do not discuss attacking this disorder enough. Often pedophilia is identified in the teenage years in men. There are signs that appear that can be signals. If we flag them soon enough, we might be able to prevent sexual abuse from occurring. If we could identify in the teenage years the signs of this disorder, then we could actually attack it right at the root.

This is where we have to attack it because then we could actually prevent these men, and sometimes women, from actually committing the sexual abuse. We have to focus on the cause. We have to develop a prevention plan to prevent sexual abuse from ever happening.

Bill C-26 does a wonderful job of looking at what to do after someone has abused a child. We would put them in jail and put them in a database. However, we really need to take action on finding a way to prevent child abuse from ever happening in the first place.

The way we are going to do that is to have a frank discussion. We have to stop portraying this as a stranger that is going to perpetrate sexual abuse on a child. We know the statistics. There have been many studies done. We have to really put the resources toward the root of the problem and start having frank discussions within our families and with our neighbours about the roots of sexual abuse.

We need to start to put our energy into this, so that those seven million children in our country, that I cited as the next generation, will have even less abuse and eventually, hopefully, we can eradicate this problem from our society entirely.

Tougher Penalties for Child Predators ActGovernment Orders

March 25th, 2015 / 4:45 p.m.


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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, I am very happy to provide some input in this very important bill. It is of paramount importance that it pass through Parliament as quickly as possible.

Our government has had a very strong desire to protect children. When it comes to criminal activity such as sexual exploitation against our most vulnerable, our children, we know we must never back down in our efforts to stop these terrible crimes. When one child is hurt or exploited, it is one child too many. As a parliamentarian and a mother of six children, I am convinced that we need to do more to protect our children against sexual exploitation and believe strongly that the legislation before the House today would do just that.

I feel strongly that Canadians all across the country will pay attention to the speeches today, to the responses and to the positions of everybody on this issue. I am sure every member in the House, whether a parent, uncle, aunt, grandparent or friend, would agree that we must ensure that individuals who sexually exploit children are held fully accountable. I hope every member agrees that we must ensure the laws allow our justice system to hand out appropriate sentences that match the seriousness of the crime.

With Bill C-26, the tougher penalties for child predators act, we have an opportunity today to take an important step to protect our children from this crime that occurs far too often. As the statistics show and as was mentioned earlier, there is a 6% increase in sex offences against children. I urge all members of the House to support the passage of this bill without delay. Our children are too important, and it affects every family in Canada in one way or another.

Child sexual abuse is a crime of the most heinous nature. It causes unimaginable devastation to the lives of children. Studies have shown that it profoundly affects victims into adulthood and throughout their lives, and I dare say it affects their families as well.

Children under the age of 18 accounted for more than half the victims of sexual offences reported to police in 2012, and these numbers are unacceptable. They call for the kind of tough and decisive measures our government has proposed in this legislation. The bill contains a number of important elements, some of which fall under the responsibility of the Minister of Justice, including, as the name suggests, tougher penalties for those convicted of child sexual offences, and that is exactly what they should get: tougher penalties.

Legislation would require judges to impose consecutive sentences when convicted child sex offenders were sentenced at the same time for contact child sexual offences against multiple victims or for child porn and contact child sexual offences. With this legislation, both the maximum and minimum penalties for child offences would be increased, as would the maximum penalties for violating conditions of supervision orders. This is well put when 6% more offences are occurring in our great country.

The bill also includes many practical measures at better safeguarding children against sexual exploitation, both in Canada and abroad. Our government often speaks about the need to ensure that law enforcement has the tools it needs to do its job of helping to keep citizens safe. That is certainly a key preoccupation of mine and I am proud of our government's record. It is a record upon which we can further build this legislation.

For the purposes of our discussion today, the tool in question is the National Sex Offender Registry, administered by the RCMP and used by police officers all across the country. It goes without saying that law enforcement agencies need to be aware of the location of registered sex offenders, and that is where the registry comes in. As of January 2015, there were approximately 37,000 registered sex offenders on the registry. Of those, approximately 25,000 have a conviction for a child sex offence.

Clearly, the National Sex Offender Registry is a vital tool for police in that it provides officers with rapid access to information on registered sex offenders who are living or working in a given area and can help police in their work to prevent or investigate sexual crimes.

Members in this House know that our government has made some legislative improvements already to enhance the effectiveness of the registry. In 2011, we ensured that convicted sex offenders were automatically included in the registry and were required to give a mandatory DNA sample to the National DNA Data Bank.

However, we could do more to strengthen its effectiveness as a tool to assist police in carrying out their work. To do that, we need to make some important amendments to the legislation that governs the registry, namely the Sex Offender Information Registration Act. As members know, that act came into force in 2004 and authorized the establishment of the data base containing information on convicted sex offenders across Canada. It includes information such as the offender's name, address, place of employment, and physical description.

Let me describe how the proposed amendments in the legislation before us would improve the effectiveness of the registry, beginning with the enhanced reporting requirements that would be imposed on sex offenders.

Obviously, reporting requirements are very important to ensure that police have up-to-date information on the whereabouts of registered sex offenders, including when they travel outside of Canada. As it stands today, registered sex offenders are required to report in person to registry officials on an annual basis and within seven days if they change either their addresses or legal names. They must also notify registry officials within seven days of a change in employment or volunteer activity, including the type of work they do.

All registered sex offenders are required to report the dates of absences of seven days or more for travel either within or outside of Canada. These are critical reporting requirements from the perspective of both accountability and public safety. However, they do not go far enough. At present, these offenders are only required to provide specific destinations and addresses for travel within Canada. Here is where it is obvious that there is a need for increased accountability and reporting.

Canada is one of many countries on the international stage that is gravely concerned about child sex tourism. Our determination to protect children from sexual crime does not stop at our borders. It extends to children everywhere. That is why, with this bill, we are taking measures to increase the reporting requirements for sex offenders who travel abroad and are imposing even more stringent requirements on those who have committed these crimes against children.

Registered sex offenders with a child sex offence would be required to report, in advance, international travel of any duration. This would now include a requirement to provide the address or locations where they will be staying and the specific dates of their travel.

As for other registered sex offenders, that is, those who do not fall into the category of child sex offender, their reporting requirements would be as follows.

They would have to report any trips of seven days or longer, again including the dates and addresses or locations where they would be staying. They would also be required to report their passport and driver's licence numbers. Of note, the new reporting obligations would apply to those currently in the registry and those convicted after the legislation comes into force. Taken together, these changes would have the effect of ensuring that police have better information regarding the whereabouts of travelling sex offenders.

Another critical part is information sharing. The next element in the bill I will highlight is how we would provide for the exchange of information on certain registered sex offenders between the officials responsible for the registry and those at the Canada Border Services Agency, CBSA.

As members have heard, under the current legislative framework, there is no specific legal mechanism for this information to be shared at the present time. While the current legislation allows registry information to be shared in certain circumstances, including to police services, there is no such authority for sharing with CBSA. This gap in information sharing obviously inhibits our knowledge about the travel of sex offenders. It is a gap that needs to be addressed.

Given its responsibility for management of our borders, CBSA can and should be one of the authorities involved in receiving and providing information that assists in monitoring the travel of sex offenders.

With this bill we would close the information gap by providing the authority for officials at the registry to regularly disclose information to the CBSA about child sex offenders who are assessed as a high risk to reoffend. The bill would also allow sharing of information between the RCMP and CBSA on other registered sex offenders on a case-by-case basis.

I would note here that the RCMP would implement a risk assessment process to determine those child offenders who present the highest risk to reoffend. The experts in the police forces are the people to do this.

Upon receiving a list of these offenders, the CBSA would then ensure that the sex offenders' names were placed on their lookout system. Border officials would also be authorized to collect travel information from these offenders upon their return to Canada and to share it with National Sex Offender Registry officials, including the date of departure and return to Canada and every address or location at which they stayed outside of Canada.

This type of enhanced information sharing would achieve two very important outcomes. The first is that we would better enable authorities to investigate and prevent crimes of a sexual nature. The second is that we would put the authorities in a better position to address any potential breaches in the reporting obligations of the offenders.

These are reasonable changes that just make sense. If we are going to keep a closer eye on the travel habits of sex offenders, it only stands to reason that our border officials and National Sex Offender Registry officials need to be able to share the information.

The final element of the bill is one that would allow us to further deliver on our commitment to Canadians to protect our communities from sex offenders. This is very important to our government, because Canadians want and deserve access to information they feel could protect their families. They feel that they need to have this information, and that includes information about potentially high-risk individuals who live in their communities. That information should be easily accessible and available to all Canadians, and this bill would pave the way for that.

The proposed public database, the high risk child sex offender database, would be separate from the National Sex Offender Registry, which is accessible only to police. This new high risk child sex offender database would be searchable by the entire Canadian public. It would include information about those high-risk child sex offenders who have already been the subject of a public notification in a provincial or territorial jurisdiction. They would be well known anyway to the public.

Our government believes that it is only right that Canadians have the ability to access this type of information with a few simple clicks on the computer. After all, knowledge of the presence of high-risk child sex offenders in the city would empower parents to take appropriate precautions to protect their children.

To that end, I can assure members of this House that consultations are under way with the provinces and territories regarding police notifications and the proposed database. We continue to work closely with these partners to develop further criteria to define the high-risk child sex offenders who would be included in the new publicly accessible database

As members can see, our government has developed a clear path forward to better protect the public from offenders with one of the most troubling forms of criminal behaviour we have to face in society. I am speaking as one who has worked with many trafficked victims and many children who have been sexually violated.

There is an impact on a family, and it is not just poor people, aboriginal people, or girls who are out looking for a boyfriend, or whatever people say. What we are talking about is a predatory kind of crime that looks to prepubescent children for the perpetrator's sexual gratification.

This bill would do much to close the gaps out there now. When we see a 6% increase in child exploitation and child sex offences, clearly, in Canada, there is a problem. That is why our government has taken bold steps to protect children. It has taken bold steps to ensure that we do every possible thing to enhance information sharing and communication between police forces and to protect our children from sexual exploitation and sexual crimes.

We would improve the accountability of sex offenders and better protect those who need safeguarding from crimes of a sexual nature. Those are our children.

I have to say that I am very proud to be part of a government that has taken a very clear stand on this. Today it is particularly interesting to hear some of the comments, because we as parliamentarians have to take a very responsible attitude and make sure that the children throughout our country are protected from sexual predators. It is frivolous to vote against or block anything that would do that. Certainly this particular bill would close many gaps. Even now, a lot of children are at risk without these gaps being closed.

I hope parliamentarians on all sides of the House will put aside their partisan concerns. I know that an election is coming soon, but by the same token, Canadians all across the country want these laws. They want their children protected. They want to know where the individuals who have been convicted of sexual offences against children reside.

We cannot heal sexual offences against children. They learn how to be survivors, but the occurrence comes back to them over and over again. The first thing I believe parliamentarians have to do in one voice is protect the most vulnerable in this country.

This is too important for political interference. We need to take the heart of the nation and the heart of the parents and children who are reaching out to the House of Commons today and put these laws into place and ensure that their families are safe.

Tougher Penalties for Child Predators ActGovernment Orders

March 25th, 2015 / 4:30 p.m.


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NDP

Anne-Marie Day NDP Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, I rise today to speak to this debate on tougher penalties for sex offenders. In my professional career, I never stopped advocating for women's rights or for the fight against childhood poverty.

There is nothing sadder than to see children in vulnerable situations, whether because of an unstable family life, family violence, or just because they were in the wrong place at the wrong time.

We all have a duty in the House to ensure that we are doing everything we can to keep our families, children and communities safe and sound. Over the past few years, a significant number of children, girls and boys, have been victims of sex crimes in far too many of Canada's communities. This has an adverse effect on many aspects of their lives, on their self-confidence, their ability to trust others, their mental health and so many other things. So many families are wounded, broken and devastated because of these reprehensible crimes.

Furthermore, this bill is part of a complex societal debate because it involves several levels of government—municipal, provincial and territorial; police services such as the Royal Canadian Mounted Police, and provincial and municipal police forces; many advocacy groups; and various professions such as youth protection workers, psychologists, street workers and psychosocial workers.

I am bringing my perspective as a mother, and also as the former president of the Regroupement des groupes de femmes de la région de la Capitale-Nationale to this debate. This bill does not do enough for the women and children traumatized by the horrors perpetrated by sex offenders.

The Conservatives consider themselves to be tough on crime. However, they are mistaken if they believe that the legislative measures proposed in this bill are sufficient. This is not the first nor the last time that I will admonish this government for its wishful thinking. I rise today with the expectation that this government will realize the importance of prevention, understand that simply handing out harsher sentences does not yield the desired results and grasp that we need meaningful action and not just fine words to look good for the cameras. Our children are paying the price for the lack of leadership to search for concrete solutions.

I want to talk about a statistic that shocked me and that could shock many people listening to me today. Sexual offences against children have increased 6% over the past two years. This statistic was shared by none other than the Minister of Justice, when he appeared before the Standing Committee on Justice and Human Rights. A 6% increase is cause for concern.

Over the last decade, Canada has seen a significant increase in the number of people charged in cases of sexual interference, invitation to sexual touching, sexual exploitation and luring a child using a computer.

I will use my time today to talk about three important points. First, I will give a critique of the proposal for harsher prison sentences, which do not do enough to fix the problem. Second, I will talk about the cuts made to public protection services. Third, I will talk about how what the public really needs is meaningful, comprehensive action.

First, I would like to emphasize the fact that the NDP has always had a zero tolerance policy when it comes to sexual offences against children. I think it is important to repeat that. We have zero tolerance for sexual offences against children.

When preparing this speech on Bill C-26, I wondered why the Conservatives, who claim to be the champions in the fight against crime, have only one solution for every crime: tougher sentences. Tougher sentences alone do not work. A more comprehensive approach is needed.

Once again, the fact that sexual offences against children have increased by 6% in the past two years shows that the Conservatives are taking a minimalist approach. That is disgraceful. I would not want to be in the shoes of the Minister of Justice, who has to justify that statistic to Canadians, particularly victims and their loved ones.

One of the amendments proposed by the NDP sought to obligate the minister to submit an annual report to Parliament on the effectiveness of the law. That amendment was rejected. Once again, how can the government justify that to victims and their loved ones?

As I have said repeatedly, what I have seen since entering federal politics is a government that is too often reacting instead of being proactive.

They do not seem to think it is important to invest in preventing crime. I do, however, and so do the people of Charlesbourg—Haute-Saint-Charles and many Canadians.

The government absolutely must invest in crime prevention and other practical solutions to keep our communities safe. I have to say that we are disappointed that this bill does not do more to introduce effective solutions that will do a better job of protecting our children and making our communities safer.

That brings me to my second point, which is about budget cuts and funding shortfalls. If we want to reduce the number of sexual crimes against children in this country, we have to back that up with resources. Disappointment on that front too: there is no new funding in this bill.

Resources on the ground cannot always keep up with the Conservative government's harsher law and order policies. The NDP believes that our communities need resources to combat child sexual abuse.

In regard to funding for police services, police forces are having to do more with less. The RCMP is already having difficulty keeping the criminal records registry up to date, for lack of resources. This bill will only further increase their workload, without adding any trained personnel to protect our children.

That is why I was so surprised to learn recently that the RCMP did not spend the $10 million earmarked for the National Child Exploitation Coordination Centre and other projects to fight child pornography, even though more and more people are coming forward all the time to report child exploitation. How can this government justify that?

To illustrate my third point, I want to talk about how the Conservatives stubbornly refuse to listen to the questions being asked by people in communities across Canada and by experts. For the NDP, passing legislation is not something we take lightly. We always encourage the relevant committees to examine the bills. We meet with experts, associations and professionals with full transparency in order to understand their point of view. We often propose amendments based on the arguments of workers on the ground who are familiar with the realities facing victims.

This bill is no different; however, one thing that has not changed about the process is that the Conservatives continue to reject our amendments.

We understand the political game they are playing. However, I take exception to this government ignoring the recommendations made by the professional associations and experts who testified in committee. The experts are the ones we turn to for opinions and clarification. So why do the Conservatives ignore their recommendations?

What we want is simple. We want the government to stop turning a deaf ear and understand the scope of the problem. We want it to be open to working in collaboration with the opposition parties and the experts.

In closing, we are here to work in the interest of Canadians. This is not an easy task and we do not have all the answers.

Child sex offences have increased by 6%. We are asking the government to do more to improve those statistics and ensure that children are no longer victims of sexual offences and that communities have more resources to work on preventing and condemning reprehensible acts.

We are voting in favour of Bill C-26, but I want to add my list of concerns.

I encourage the government to get its head out of the sand and stop thinking that tougher sentences will solve the problems, because they will not.

I urge the government to give victims support organizations and the police the resources they need to properly discharge their mandate in view of the growing number of complaints, including those about online practices.

I am asking the government to listen to the experts in order to improve this bill.

What measures will truly help protect the must vulnerable, such as children? How and when will these measures be incorporated in the government's policies?