Bill C-36 (Historical)

Protection of Communities and Exploited Persons Act

An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in Attorney General of Canada v. Bedford and to make consequential amendments to other Acts

This enactment amends the Criminal Code to, among other things,
(a) create an offence that prohibits purchasing sexual services or communicating in any place for that purpose;
(b) create an offence that prohibits receiving a material benefit that derived from the commission of an offence referred to in paragraph (a);
(c) create an offence that prohibits the advertisement of sexual services offered for sale and to authorize the courts to order the seizure of materials containing such advertisements and their removal from the Internet;
(d) modernize the offence that prohibits the procurement of persons for the purpose of prostitution;
(e) create an offence that prohibits communicating — for the purpose of selling sexual services — in a public place, or in any place open to public view, that is or is next to a school ground, playground or daycare centre;
(f) ensure consistency between prostitution offences and the existing human trafficking offences; and
(g) specify that, for the purposes of certain offences, a weapon includes any thing used, designed to be use or intended for use in binding or tying up a person against their will.
The enactment also makes consequential amendments to other Acts.

Bill C-36—Time Allocation Motion

[Peter MacKay, Conservative, Central Nova, NS]

Mr. Speaker, we will always support the good work of committees. We will provide the committee with the relevant information it needs. The Department of Justice will be releasing further polling data. I have indicated quite clearly that is the case.

It is interesting to hear any sort of criticism of the use of closure coming from a member of the Liberal Party, the proverbial “wind sock” party of Canada, that simply turns and twists and adopts any particular position that would put it in a favourable light. The Liberal record of managing the finances of the country has been laid bare for all to see, going back to the sponsorship scandal, of which the member knows far more than I, as a member of the previous government.

We will continue to bring forward thoughtful legislation that responds to the need, and in this particular case, the task that was left to us by the Supreme Court when it struck down three provisions of the Criminal Code. This legislation would more than answer that particular task because it does have accompanying resources to help prostitutes find an off ramp into a better, healthier life that will help them deal with the causation that has led them to enter prostitution.

We are anxious to hear the position of members' opposite, their thoughtful suggestions as to how the bill could be improved. What we do get is just simply criticism and process. They want this sent back to the Supreme Court to let it do the good work.

[Marc-André Morin, NDP, Laurentides—Labelle, QC]

Mr. Speaker, the government should perhaps do what any law-abiding Canadian citizen would do. When we must comply with a court ruling, we only have to do what we have been ordered to do. Every time the government is faced with this situation, that is, every time it introduces a bill, it twists itself into a pretzel to push its original idea through and try a second time to get around the court's orders. People are beginning to understand this strategy.

If it is truly urgent, I wonder why the bill is being introduced at the last minute, when we are about to adjourn for the summer. It may be because the government wants the debate to be held in the media only, in an emotional and somewhat irrational manner, so that it becomes impossible to have a debate, as is the case with the gun registry and abortion. There are many subjects that have become impossible to debate in our society.

The government is in large part responsible because it has allowed the debate to deteriorate and aired it in the media, instead of calmly discussing the issue in the House. It is becoming a sort of hysterical delusion that will last all summer. The government will certainly have time to think about it and perhaps will shred the bill during the summer. I hope it will be wise enough to do so.

[Peter MacKay, Conservative, Central Nova, NS]

Mr. Speaker, I do not even know where to begin with that convoluted rambling and disjointed remark, other than to say that we are responding in a very comprehensive way. I would suggest that it is a compassionate way, with a particularly Canadian response to this age old issue of prostitution. Now the dilemma faced by having three major sections of the Criminal Code struck down in Bedford creates further vulnerability for prostitutes and communities.

Rather than the suggestion from the hon. member that this was somehow created by the government, this is directly responding to the Supreme Court's decision in Bedford. It is responding in a way that we believe would provide greater opportunities for prostitutes to leave that life. It is a life of inherently dangerous practice. They would be able to choose a better path for themselves and, potentially, their children. There is programming and specific resources to partner with the provinces and territories to help emphasize that there are, in fact, other opportunities.

We would be putting criminal liability squarely on the johns, the pimps, and those who benefit directly from those vulnerable individuals, who are predominantly victims and who, given the opportunity and the choice, would leave prostitution.

This is not to suggest that this would make prostitution disappear from the landscape of Canada or anywhere. It is what we believe to be a comprehensive response to a very difficult and complex social issue. It responds thoughtfully after great consultation with Canadians already, and will continue to do so following opportunity here in the House and later in committee. It will come back to the House in the fall.

It is a bit perplexing to hear from members opposite that they want more debate, but at the same time, they suggest that we are rushing it through. It is a bit like saying, “wash me, but do not make me wet”.

[Mark Warawa, Conservative, Langley, BC]

Mr. Speaker, I would like to thank the minister for his work on this important file. As he highlighted, the Bedford decision required Parliament to deal with this issue.

I would like to ask him what level of consultation there has been over the last number of months in preparing for today and for Parliament to now deal with it. I wonder if he could elaborate on the collaboration.

I wonder if he could also elaborate on why he thinks the opposition wants to delay this. We know that this is the theme song of the Liberals. Their motto is, “why did we not get it done?” Maybe he could elaborate on why the NDP would be so opposed to dealing with this important social issue. This responsibility has been passed on to Parliament by the Supreme Court, so why would the NDP want to dither and delay the passage of this bill?

[Peter MacKay, Conservative, Central Nova, NS]

Mr. Speaker, I thank the member for Langley, not only for his interest, but for his good work in supporting those who certainly are vulnerable in his community. I know he has a long-standing interest in the issue of human trafficking and helping vulnerable constituents and Canadians.

With respect to how this matter proceeds and the consultation that we have undertaken, some 31,000 Canadians and organizations took part in the online consultation, which was one of the largest consultations ever undertaken by the Department of Justice. We also had round tables and extensive discussions in communities across the country during the victims bill of rights. Prostitution issues were very often intertwined in those discussions around victimization. I am quite confident that this bill was undertaken with a lot of goodwill and effort to include the perspectives, interests, and input from many Canadians from across a wide spectrum of views on the subject matter.

As to why any member of Parliament would want to delay on this issue is really beyond me. I believe, quite frankly, that it is in the non-partisan interest of Canadians. We should move forward with a thoughtful response, a legislative and resourced response, to this issue in advance of December, which is the timeframe the Supreme Court has given us to respond.

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, I cannot believe what I have been hearing for the past few minutes. What we have here is an absolutely unbelievable democratic deficit.

Notwithstanding the fact that we are talking about the 72nd time allocation motion, the members on the government benches seem to think that discussing and debating something is a stalling tactic.

I have always understood—and that will be my question to my colleague, the Minister of Justice—that the process of passing a bill begins with its introduction at first reading. Let us not forget that there are 308 MPs in the House. Over the course of five hours of debate, roughly 10 people can rise in the House to speak. Most of them will be Conservative members, some will be NDP and a few will be from the Liberals, the third party in the House. Members of the different parties have a chance to speak.

Once that study is complete, we more or less form an opinion. Personally, I think it is extremely important to listen to the opinions of my colleagues of all political stripes. For example, my colleague from Kildonan—St. Paul, who has devoted her life to this subject, might say something in her speech that will affect us in a certain way if we keep an open mind, if we do not remain closed to the opinions of others all the time.

That is why I think debate at second reading is so important. It gives people from across Canada the opportunity to express themselves about the topic at hand. Then, study in committee calls on experts and people in the field to add to the debate. Once clause-by-clause review is done, the bill is sent back to the House.

Here it is all backward. The government stifles debate at second reading and often at third reading as well. In committee, the government does not really care about the amendments or opinions of others.

Does the Minister of Justice and Attorney General of Canada not think that there is a huge democratic deficit here? Speaking to a subject that is just as important to us as it is to the government members is not a stalling tactic, it is a question of democracy.

[Peter MacKay, Conservative, Central Nova, NS]

Mr. Speaker, I thank my friend for her commentary. I do not agree with it. I do not believe that there is any way a democratic deficit in bringing legislation before the House to be debated.

One of the principles of democracy, and I think my friend would agree, is that democracy requires people to show up. That seems to have been a problem in some cases, where legislation was brought forward and there were not enough members here to discuss it.

It is a bit of sucking and blowing to say that they want more debate but they do not have enough members here to actually take part in that debate. That is one end of the extreme.

The other is we have seen the use of debate to delay legislation. I know when I was minister of defence we had a very simple, straightforward bill, and the NDP debated it around the clock through three Parliaments. It finally passed the House, to the great benefit of the members of the Armed Forces.

My suggestion to the member is there is necessity and urgency that this bill proceed and that it get to committee. There will be five hours of debate here, as the member knows. Once it is in the committee stage, there will be more opportunities for all members of Parliament from all sides of the House to give direct input while hearing from various witnesses with expertise in the area.

Then the bill comes back again. The bill will come back before the House again. There is an opportunity at that time to voice views.

Rather than complain about the process, what I think would be helpful for Canadians would be for the NDP and the Liberals to actually take a position, to actually state, emphatically, how they feel about this legislation, what they would do to improve it, and how they might do things differently.

That would be a useful participatory process, rather than just chirping from the cheap seats about sending it to the Supreme Court for another reference or trying to divide bills. Let us talk about what their actual substantive, constructive criticisms and participation in the debate might actually be.

[The Acting Speaker, Conservative, Barry Devolin]

The half hour has expired.

Is the House ready for the question?

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

[Some hon. members]

Agreed.

No.

[The Acting Speaker, Conservative, Barry Devolin]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Acting Speaker, Conservative, Barry Devolin]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Acting Speaker, Conservative, Barry Devolin]

In my opinion the yeas have it.

And five or more members having risen:

: Call in the members.

(The House divided on the motion, which was agreed to on the following division:)

Vote #205