Bill C-26 (Historical)

Tougher Penalties for Child Predators Act

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

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

Tougher Penalties for Child Predators Act

[François 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.

[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?

[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.

[Cathy McLeod, Conservative, Parliamentary 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.

[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.

[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.

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

Mr. Speaker, notwithstanding the fact that it has taken nine years to present this legislation, I have to say that I agree with the comments of my hon. colleague from the Conservative side. The whole problem needs to be addressed holistically, not only in terms of legislation but in terms of prevention and rehabilitation. There is also one other important aspect, which is to fight cybersexual exploitation and sexual exploitation in general.

We understand that the RCMP regularly underspends its budget to combat cybersexual exploitation by a couple of million dollars. I would like to hear from my hon. colleague what explanation there is for this underspending, considering just how important a problem this is.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, of course, the issues of cyberbullying and child pornography online are incredibly important. Our government is committed to expending significant resources in that area in the budget.

I talked a bit about my personal experiences and how horrific it was to deal with some cases we had to deal with. I can only imagine the incredible challenge it is to have people in those positions. We need to have people in those positions doing the job, but members should never underestimate what a soul-destroying job it is.

[Ryan Leef, Conservative, Yukon, YT]

Mr. Speaker, I would like to ask the parliamentary secretary how important it is to have this kind of legislation as a deterrent in Canada. She anecdotally talked about the people closest to the perpetrators not being able to recognize that. From a prevention standpoint, it makes it very difficult if the closest people cannot recognize the illness and criminality of the individuals perpetrating these kinds of offences. This kind of legislation will serve as a deterrent and will ensure that reoffending will be a lot more difficult further down the road.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, for one thing, the increase in mandatory minimums and maximum sentences would keep these perpetrators off the streets for a longer period of time. That would not only allow for the increased opportunity for some rehabilitation in the system but would also keep them off the streets and away from the ability to reoffend.

[Maurice Vellacott, Conservative, Saskatoon—Wanuskewin, SK]

Mr. Speaker, I am very pleased to rise today to speak about our government's decisive action to keep our streets and communities safe. I am proud to note that we have a particular focus on protecting the most vulnerable of all in our society, and that is our dear children.

Since 2006, we have taken a number of actions in this regard, including, among many others, enacting new and increasing existing mandatory minimum penalties for child sex offences and making it illegal for anyone to provide sexually explicit material to a child for the purpose of facilitating the commission of a sexual offence against that child.

Recently, as members of this House will know, we took action to crack down on cyberbullying. That has been mentioned in speeches here already. We have all been moved by several tragic cases we have heard about, from across the country and North America, where young lives have been lost due to the emotional torment caused by cyberbullying. That is why last year we passed legislation to give police and prosecutors new tools to effectively address cyberbullying.

Although our government has taken significant strides to protect our children, more work remains to be done. Of course, more work always remains to be done. Sadly, other threats to our children exist, perhaps none so disturbing as the threat from child sexual offenders, and that seems to be growing domestically and abroad. In 2013 alone in Canada, some 4,200 sexual violations against children were reported to police. Those were just those cases that were reported, not to mention the many others that have no doubt occurred and for one reason or another were not reported.

Child sexual exploitation is a horrible, evil crime. Although most of us could never fully imagine the extent of devastation caused by abuse of this sort, we understand that the impact on the victims endures long after the abuse ends. That is why we are committed to doing everything we can to protect our children, and that is why our government has introduced the comprehensive legislation before us.

The tougher penalties for child predators act would help us better address the enormity of this crime and further crack down on offenders convicted of child sexual abuse offences. It proposes a range of measures to protect our children. It will take a few moments for me to outline some of these changes we have proposed, beginning with the proposed changes to the Criminal Code.

The first is to ensure that those convicted of child pornography and child-contact child sexual offences serve their sentences one after another, consecutively, instead of discounting them, where we pile one sentence on the other and the offenders get a break and less time served. Particularly, this would be for offenders who have victimized multiple children. Further, this legislation would increase both maximum and minimum penalties for child sex offences and would increase penalties for the violation of conditions in supervision orders. Finally, it would ensure that the spouse of a person charged with child pornography offences could be obliged to testify in court. That is important, as often it is the spouse who can provide the testimony needed to secure convictions in these cases.

Now I would like to turn our attention to some of the important proposed amendments to the Sex Offender Information Registration Act.

Before I get to the changes, I would note that this act, which came into force in 2004, allowed for the establishment of a database containing information on convicted sex offenders across Canada. It is called the National Sex Offender Registry. It is administered by the RCMP and is used by police across Canada to help them prevent and investigate crimes of a sexual nature. There are currently approximately 37,000 sex offenders listed on the database, of which 25,000 have been convicted of a sex offence against a child.

Certainly some important reporting obligations are already in place in the current system. For example, offenders are required to report annually and any time they change their address or legal name, and all registered sex offenders are required to report absences of seven days or more for trips either within or outside of Canada.

It is also worth noting that significant reforms came into effect in 2011 to strengthen the registry and the National DNA Data Bank. Those changes include the automatic inclusion, and mandatory DNA sampling, of convicted sex offenders in the registry, proactive use of the registry by police to prevent offences, registration of sex offenders convicted abroad, and parallel amendments to ensure that reforms apply to those convicted of sex offences through the military justice system.

Nevertheless, legitimate concerns remain about our ability to know the whereabouts of sex offenders, particularly given offenders' mobility to travel abroad to other countries.

Internationally, approximately one million children are exploited by sex tourists and sex traffickers each year. Our government is committed to taking action to protect children from sexual exploitation no matter where in the world it may occur.

Indeed, the changes we are proposing to the Sex Offender Information Registration Act would allow us to better protect children from sexual exploitation, both in Canada and abroad, by ensuring that police have more information about the travel plans of sex offenders. One proposed change is to broaden the reporting requirements for registered sex offenders about their international travel plans.

I mentioned a moment ago that all registered sex offenders are required to report absences of seven days or more for trips within or outside of Canada. However, currently the requirement for them to provide specific destinations and addresses is for domestic trips only.

We are proposing that sex offenders convicted of child sex offences be required to report absences of any duration for trips abroad, and, again, provide specific travel dates and locations. Registered sex offenders travelling abroad would be required to report every address or location at which they expect to stay for a trip of seven days or longer, and the specific dates that they will depart and return.

This brings me to the next proposed change, which is one that would allow for the establishment of information sharing between officials with access to the National Sex Offender Registry and officials at the Canadian Border Services Agency. Although this may surprise some, there is currently no mechanism for information sharing regarding sex offenders between those two organizations. It goes without saying that it limits our knowledge of sex offenders when they travel.

To close this gap, the bill proposes to authorize registry officials to disclose information about certain registered sex offenders to officials at the Canadian Border Services Agency, particularly in cases of child sex offenders assessed as high risk, so that they can be placed on a lookout system. In addition, border officials would be authorized to collect travel information about these sex offenders upon their return to Canada and then share it with National Sex Offender Registry officials.

Finally, the bill includes provisions that would authorize the RCMP to establish and administer a publicly accessible national database of high-risk child sex offenders. Essentially this would be a separate database that would centralize public access to certain information on high-risk child sex offenders who have already been the subject of a public notification in a provincial or territorial jurisdiction.

In conclusion, these changes would allow us to further deliver on some of the worthy commitments we have made to Canadians, namely to ensure that those who break the law are punished accordingly for their actions, that penalties match the severity of the crimes, and that the rights of the victims come before the rights of the criminals. Above all, these changes would allow us to better shelter children, both in Canada and abroad, from the horrific crime of child sexual exploitation.

Therefore, I call on members of all parties in this House for their support of this very worthy measure.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I would like to follow up on the question that my colleague from Mount Royal put forward, which is in regard to the issue of the RCMP funding.

It is great to see the legislation, but having said that, we are watching what the government is doing with the budget. This budget assists us in dealing with the issue of child exploitation, particularly through the Internet. The RCMP has now consistently underspent that very important aspect of the budget by $2 million, which will work out to about $10 million over five years. If the government is so committed to dealing with child exploitation, the greatest growth of that child exploitation that we are witnessing today is in the cyberworld.

My question to the member is, from his perspective, why would the RCMP not be spending its full budget?

[Maurice Vellacott, Conservative, Saskatoon—Wanuskewin, SK]

Mr. Speaker, I think the member asked a very good question. Of course, it is probably better directed to the Commissioner of the RCMP, and I hope he is listening today so that those dollars are expended in the pursuit of those individuals who are using the Internet for these nefarious purposes.

The RCMP should be using those dollars effectively and efficiently to get at the root of this problem, which is very often on the internet. We hope the RCMP spends to the appropriate extent to get at the Internet issue, which is the biggest problem here of all.

[Ryan Leef, Conservative, Yukon, YT]

Mr. Speaker, I would like to ask my hon. colleague to follow up on the tenor of the speeches we heard from the opposition side in respect of the absolute need for prevention first.

Obviously when we present these kinds of bills, they are not done in a vacuum. We have a suite of investments, programs, and services that exist beyond a single piece of legislation on the prevention end. Of course, prevention also includes deterrence, the ability for the Canadian court system to deploy reasonable sentences on people to ensure their ability to reoffend is completely diminished. It also sends a signal to the victims in our country of how seriously this government and our nation takes crimes of this nature.

I am wondering if the hon. member can comment generally on that viewpoint.

[Maurice Vellacott, Conservative, Saskatoon—Wanuskewin, SK]

Mr. Speaker, of course that is the highest task and demand of a government: to protect its own citizens in various ways. The hon. member for Yukon well makes the point that we need to be doing that. We need to be making sure that our citizens are protected and we are taking the kinds of measures that send a very strong message, an incentive or inducement, I guess, to many others to avoid that. However, as he also alluded to, there is no question that we need to do what we can on the prevention side.

Our government is trying to get at both of those aspects. Any responsible government will look at the preventive aspects, how it can prevent people from getting into situations in the first place. That is a whole other kettle of fish, as we have said. The use of the Internet is a big part of that problem, and we need to work with providers so that some of this is shut down.

As my colleague rightly makes the point, we need to provide those kinds of measures in the Criminal Code that provide punishment and send the message. We have done this with this thicker bill, and others as well. I thank the member for the good work he has done throughout his riding and in respect of these kinds of measures. I know he has pushed them hard and supports them, and I thank him for that.