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 is from the 41st Parliament, 2nd session, which ended in August 2015.

Sponsor

Peter MacKay  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the 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 Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-26s:

C-26 (2022) An Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts
C-26 (2021) Law Appropriation Act No. 6, 2020-21
C-26 (2016) Law An Act to amend the Canada Pension Plan, the Canada Pension Plan Investment Board Act and the Income Tax Act
C-26 (2011) Law Citizen's Arrest and Self-defence Act

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

Liberal

Adam Vaughan Liberal Trinity—Spadina, ON

Mr. Speaker, the problem with a crime and punishment agenda is that it requires crime and only responds with punishment. I would be interested in the member's comments on the notion that the most prevalent cohort of child sexual offenders are people who are offended themselves. In other words, only criminalizing and only punishing attacks victims themselves.

I would like to know what the member's thoughts are on how that relates to preventive strategies as being a way of eliminating this horrible blight altogether.

Tougher Penalties for Child Predators ActGovernment Orders

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

NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, there certainly is a cycle of abuse. I knew people in my childhood who were abused and I knew that their parents were abused as well. Therefore, the parent was both abused and the abuser. It is tragic.

The thing about the crime and punishment agenda is that yes, it is necessary to protect our society from these predators, but at the same time, sometimes the crime and punishment agenda takes away from the frank discussions that we should be having about the cycle of abuse and the effect it is having on us as a society.

It takes resources away from what we could perhaps do in preventing abuse from happening in the first place and treating this as a serious matter in families.

Tougher Penalties for Child Predators ActGovernment Orders

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

NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Mr. Speaker, I want to sincerely thank my colleague from Vaudreuil-Soulanges for his speech.

I think it is important to commend the courage it took to deliver such a speech. Everyone agrees that in our society, people who sexually abuse children are among the most ostracized, and everyone also agrees that these offences are the ones we try the hardest to combat, and rightly so. However, there was one really important point in his speech that he repeated several times. Yes, of course, we must put those people in prison and the penalties must be very stiff; we do need to send a clear message. At the same time, however, every time we send someone to prison, that means a child was abused somewhere. If there is something we can do to prevent it from happening in the first place, instead of patting ourselves on the back for sending someone to prison, then that is really important.

I wonder if the member could come back to that for the few seconds he has left.

Tougher Penalties for Child Predators ActGovernment Orders

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

NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, I can honestly say that that is what bothers me the most. These bills come into play after the abuse has already taken place. A child has already been abused. For once, could we work on preventing the abuse from happening? Could we put an end to these offences altogether?

Tougher Penalties for Child Predators ActGovernment Orders

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

The Acting Speaker Barry Devolin

Resuming debate. The hon. member for Laval—Les Îles has only two minutes remaining.

Tougher Penalties for Child Predators ActGovernment Orders

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

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

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.

Tougher Penalties for Child Predators ActGovernment Orders

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

NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I thank my colleague for his excellent speech. I know that the lack of allocated resources has been a regular bone of contention. It has been a recurring theme in all the criminal justice bills.

There is also the matter of prevention. My colleague talked about that in his speech. I know that there is an existing initiative, proposed by a woman in my riding, to launch an awareness campaign about pedophilia, among other things, and the fact that this problem still exists to this day, unfortunately.

I would like my colleague's opinion on the need for such an awareness campaign. Does he have any advice for the government, not only about the resources needed for such a campaign, but also about how to ensure that such a campaign reaches all of Quebec and Canada?

Tougher Penalties for Child Predators ActGovernment Orders

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

NDP

François Pilon NDP Laval—Les Îles, QC

Mr. Speaker, I thank my colleague for his question.

As I said in my speech, it would be good for the government to invest in prevention, and for police officers and social workers to go into schools to help prevent these types of situations or, at the very least, to meet with people and find out whether a child has a problem. As I said on Wednesday, my own sister provides emergency foster care, and there are still far too many children who are abused by their own parents. This bill does nothing to prevent that.

Tougher Penalties for Child Predators ActGovernment Orders

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

NDP

Pierre Nantel NDP Longueuil—Pierre-Boucher, QC

Mr. Speaker, I have a very serious question for the member.

There is obviously a lack of resources. In each of our ridings police forces often tell us that they are short on staff to carry out investigations, in cases of pedophilia, of course, but also those involving street gangs. Take, for example, the horrendous case of Jenique Dalcourt back home in Longueuil which is yet to be resolved. There is still a killer on the streets of Vieux-Longueuil, and a lot of people are very worried, even police officers.

What does my colleague think about the fact that with all of the Conservatives' never-ending talk of law and order, they still fail to take real action? Is it not true that we do not have the funds to help our municipal police forces?

Tougher Penalties for Child Predators ActGovernment Orders

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

NDP

François Pilon NDP Laval—Les Îles, QC

Mr. Speaker, as usual, my colleague from Longueuil—Pierre-Boucher is absolutely right, and my colleague from Vaudreuil-Soulanges probably would have been as well.

I am from a Laval neighbourhood of 10,000 people. When I was young, there were 10 murders in 20 years in the area. It was frightening. The City decided to invest in a local police station and there were no murders at all over the next 20 years.

It it not just by putting people in prison that we make our streets safer. We need to invest in prevention, where it counts. Of course children who are abused will be glad if their abuser goes to prison for the rest of his life, but that does not change anything in the child's life. If something was really done to prevent the abuse from happening, these children would be able to lead much more normal lives.

Tougher Penalties for Child Predators ActGovernment Orders

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

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.

Tougher Penalties for Child Predators ActGovernment Orders

March 27th, 2015 / 10:20 a.m.

NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Mr. Speaker, I would like to thank our colleague for her speech. I find it very touching that she shared her own experiences from her previous career with us. I think that she has clearly understood the importance of protecting the people who have been victimized by such terrible crimes.

I would like to know whether she agrees with the basic principle. We wholeheartedly agree with tougher sentences for such horrific crimes. However, when it comes right down to it, there is a victim for every crime, and I believe that we can do more to prevent these children from being victimized by such horrific crimes.

Would it be possible to commit to doing more in terms of prevention and work harder to ensure that these crimes are not committed in the first place? I want to thank my colleague again.

Tougher Penalties for Child Predators ActGovernment Orders

March 27th, 2015 / 10:20 a.m.

Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, I would like to acknowledge the importance of what the hon. member opposite said.

Absolutely, prevention is critical. As she knows, this is a piece of criminal justice legislation. I briefly alluded to some significant dollars, $10.25 million, for new and enhanced child advocacy centres. More importantly, it is in partnership with the provinces and stakeholders that we work on the issue of prevention.

I think it is important to again point out that this is a piece of justice legislation. It does not in any way preclude our obvious commitment, in many areas, to preventing these horrific and heinous crimes.