I am sorry. There is some cross-debate happening. That is not very respectful for the person who has the floor.
Mel Arnold Conservative
Introduced as a private member’s bill.
This bill has received Royal Assent and is, or will soon become, law.
This is from the published bill.
This enactment amends the Criminal Code to replace the term “child pornography” with “child sexual abuse and exploitation material” and makes consequential amendments to other Acts.
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.
The Assistant Deputy Speaker Carol Hughes
I am sorry. There is some cross-debate happening. That is not very respectful for the person who has the floor.
Sukh Dhaliwal Liberal Surrey—Newton, BC
Madam Speaker, before I continue, I also want to express my sincere condolences to the family of our hon. friend Jim Carr, who we lost. Our thoughts and prayers are with his family, friends and constituents.
When we talk about this bill, the protection of children against sexual abuse and exploitation of any kind is an objective that I believe all members support. It is also a priority for the Government of Canada, and this is why we proposed amendments to this private member's bill that would strengthen it and ensure that it does what it was designed to do.
The bill, as it was introduced, proposes to change the term “child pornography” to “child sexual abuse material” at section 163.1 of the Criminal Code, and to make other consequential amendments.
We proposed that the term “child sexual abuse material” in the bill be amended in order to be more descriptive of its definition, which is at section 163.1 of the Criminal Code. The new term, “child sexual abuse and exploitation material”, better describes not only materials that portray the sexual abuse of actual children, but also materials that advocate or counsel—
Karen Vecchio Conservative Elgin—Middlesex—London, ON
Madam Speaker, on a point of order, could you tell us if we will be running out the clock or actually voting on this, perhaps tomorrow?
The Assistant Deputy Speaker Carol Hughes
That is not really a point of order. The debate goes until 6:33 p.m.
Sukh Dhaliwal Liberal Surrey—Newton, BC
Madam Speaker, this includes materials such as works of fiction that promote the sexual abuse of children, as well as the sexualized portrayal of adults as children. I am pleased that the new term was adopted unanimously by the House of Commons Standing Committee on Justice and Human Rights, as it is an important step towards bringing Canada in line with the general trend away from the term “child pornography”.
The second amendment proposed by the government is an entirely new provision, a one-year coming-into-force provision for the entire bill. I am pleased that this measure, too, was adopted unanimously by the committee.
This proposed amendment came about as a result of studying Bill C-291 after it was introduced. The government noted that the federal regulations made pursuant to An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service would require amending as a result of this bill, as they contain the term “child pornography”.
Those regulations will not be amended as a result of the enactment of Bill C-291 and, therefore, time would be required to get the process under way. I also learned that there are at least 50 pieces of provincial and territorial legislation from across Canada that incorporate or make reference to the term “child pornography” as defined by the Criminal Code, statutes as well as regulations.
Giving the provinces time to adapt their legislation, if they wish, to ensure the coherence of the legislation across Canada, is an important government responsibility. The one-year coming-into-force period would allow time for those amendments to be made in their respective jurisdictions. This delayed coming into force would also allow time for necessary administrative changes to be made at both the federal and provincial levels in places such as courts administrative systems and IT systems.
Finally, the third amendment proposed by the government, which was also unanimously passed in the committee, was the addition of a transitional clause. This new provision would assist participants in the criminal justice system to understand how ongoing proceedings that use the term “child pornography” would be affected on the date of the this bill coming into force.
This new provision clearly states that the changes of terminology would not affect the validity of any ongoing proceedings that have already begun under the old term “child pornography”. Similarly, the validity of any documents related to those proceedings would not be affected by the change in terminology.
In short, this transitional clause tells the criminal justice system participants that this change is a change in the name only. There should be no impacts on ongoing prosecutions as a result.
These three government amendments will, I believe, better achieve the objectives of not only calling these materials what they truly are, but also ensuring that the transition to the new terminology is done in a coherent and non-disruptive way.
I would like to thank the members of the justice committee for voting in favour of the government's amendments and for co-operating in bringing this bill through the House so quickly.
It should not be a surprise to members that the pandemic has contributed to a rise in the sexual offences committed against children, nor should it be a surprise that these offences are primarily committed via telecommunications networks.
In fiscal year 2021-22, the RCMP's National Child Exploitation Crime Centre received 81,799 complaints, reports and requests for assistance relating to online child sexual exploitation. This was a 56% increase compared to the previous fiscal year and an 854% increase compared to 2013-14.
Police-reported crime data from Statistics Canada which includes the first year of the pandemic indicates that incidents of making or distributing child pornography increased by 26% in 2021 compared to 2019. Possession of or accessing child pornography increased by 44% in 2021 compared to 2019 and represents a 146% increase since 2017.
There are many things needed to help combat child sexual exploitation. Clearly, we need to have comprehensive and robust criminal laws against it. We need to have strong and effective law enforcement. We need to continue to advance and support measures that seek to meet the needs of victims and survivors. The government supports the national strategy for the protection of children from sexual exploitation on the Internet, which has four pillars: raising awareness, reducing the stigma associated with reporting, increasing Canada's ability to pursue and prosecute offenders, and working with tech leaders to find new ways to combat the online sexual exploitation of children.
I want to conclude by expressing my thanks to the member for North Okanagan—Shuswap for sponsoring this important bill and for co-operating with all parties to bring it to the House.
I also am thankful for the opportunity to speak.
Sonia Sidhu Liberal Brampton South, ON
Madam Speaker, I want to start by expressing my sincere condolences to the family, friends and colleagues of Jim Carr. He was a devoted parliamentarian who worked tirelessly for his community. He will be missed forever.
I am pleased to join the debate on Bill C-291, an act to amend the Criminal Code and to make consequential amendments to other acts, regarding child sexual abuse and exploitation material, introduced by the member for North Okanagan—Shuswap on June 17.
At the outset, I would like to acknowledge and thank my colleague for introducing this bill, which has a very important objective, to ensure that the terminology used to refer to child pornography means that this harmful material is actually abuse of children.
The Government of Canada is committed to preventing and protecting children from sexual abuse and exploitation of any kind, including in Canada and abroad.
Canada works closely with international partners to combat online child sexual exploitation—
The Assistant Deputy Speaker Carol Hughes
The time provided for the consideration of Private Members' Business has now expired, and the order is dropped to the bottom of the order of precedence on the Order Paper.
The House resumed from December 13 consideration of the motion that Bill C-291, An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse and exploitation material), be read the third time and passed.
Leslyn Lewis Conservative Haldimand—Norfolk, ON
Madam Speaker, it is truly an honour to rise this evening to speak to and express my support for this very important bill. This bill was brought forward by the member for North Okanagan—Shuswap. Bill C-291 is an act to amend the Criminal Code and to make consequential amendments to other acts, namely child sex abuse material.
I will underscore the fact that words do, indeed, matter. Definitions matter and language matters. It matters for the elected officials and the staff who work in this House of Commons. It is why the legislative drafters write the technical text of legislation and spend hours upon hours and days upon days refining and crafting the language.
Once a bill becomes law, it sets the parameters and the boundaries of behaviour within a free and democratic society. Bill C-291 is a very important bill that would ensure that there is no confusion around what “child pornography” actually is. It is child abuse.
As a former litigator, I am proud to see a common-sense and important change being proposed. As a mother, I am encouraged to see this House take action to protect and fight for our children, our country's most precious gift.
Changing the term “child pornography” in our federal laws to “child sexual abuse and exploitation” is not just semantics. If we understand the power of our words, especially when codified, then we know that this change will affect how we see and categorize this evil perpetrated against our children, and how we must all unite and fight against it.
This change would increase the clarity, the understanding and the precision in our legislative and legal framework. It would recognize that when pornography involves children, make no mistake, it is not pornography; it is sexual abuse material.
As Judge Koturbash said in a decision on this subject, “These are not actors. It is not consensual. These are images and videos of child sexual abuse.”
This kind of material is abhorrent. It cannot be consensual. These images are serious and they cause lifelong damage and trauma to children. Therefore, we must fight it with every tool that we have at our disposal in society. Without clarity and precision in our laws, and in the Criminal Code, there is confusion.
In this case, as Judge Koturbash said the current phrase “child pornography” actually dilutes the true meaning of what these images and videos represent. This change will recognize that children are victimized by such material.
As has been mentioned earlier, here in Canada, the age of consent for sexual activity is 16. There is no legal basis for a child to consent to participate in such material, and this, absent of consent, constitutes abuse and exploitation.
Around the world, we have been seeing similar initiatives to make this clear distinction. Child advocacy groups in the United States, like the National Center for Missing & Exploited Children, as well as the 2016 Luxembourg Guidelines, which were put forward by 18 international partners, have sought to harmonize the terms and definitions that relate to child abuse and protection.
We need to see more decisive action from the government to bring perpetrators of sexual violence to justice. We need laws that will prosecute the broadcasting of sexual abuse and violence materials. We need laws that will make it clear that it is a crime to sexually exploit children.
This is one small but very significant step forward in protecting vulnerable boys and girls in Canada. Once again, I want to commend and thank the member for North Okanagan—Shuswap for his excellent work. I also want to thank the member for Kamloops—Thompson—Cariboo for his work on this bill.
I believe this bill reflects the collective strength of this united House and that we will stand together in denouncing child abuse and strengthen the laws to protect children from all forms of abuse. I believe that this bill would save lives. It is my honour to publicly support and vote for this bill.
Andréanne Larouche Bloc Shefford, QC
Madam Speaker, I rise today to speak to Bill C‑291. Some bills seem less substantial than others, but are just as important. The bill amends the Criminal Code to replace the term “child pornography” with “child sexual abuse and exploitation material” and make consequential amendments to other acts. Words sometimes carry great weight.
As I just mentioned, this bill makes no other changes than replacing the term “child pornography” with “child sexual abuse and exploitation material”, and has no legal consequences per se.
First, I want to say that the Bloc Québécois supports this bill. Even though this bill has no legal consequences, it does make us think about the importance of terms, their scope and their deep meaning. According to the bill's sponsor, the member for North Okanagan—Shuswap, the objective is to link the charge of child pornography to sexual abuse. Without changing the definitions, since the notions of consent and current sentences will stay the same, Bill C‑291 explicitly expresses the fact that such an offence is an act involving the sexual abuse of a child.
We understand and support the underlying principle. In my speech, I will share my thoughts on the importance of the words used to provide additional detail about this bill, reiterate the importance of training judges and conclude by expanding my argument to include cybercrime.
First, the term “pornography” seems overused and ambiguous in the sense of both the legal definition and the general definition, because its scope is very relative and can depend on a given individual's sensitivity. Moreover, some schools of thought disagree on the degree of consent pornography supposes and whether pornography is essentially a form of violence. Some feminist thinkers see it that way, and regular consumption of pornography also contributes to rape culture.
One thing is clear: Pornography in and of itself is not a crime, but there are the exceptions we are all familiar with, including child pornography. In other cases, it is difficult to see a clear and consensual difference between eroticism and obscenity, pornography and violence. It all comes down to the participants' consent, which is impossible to establish or obtain. When children are involved, the Criminal Code pretty clearly defines the acts, but I will spare my colleagues a reading of that.
It is understandable to be shocked by the fact that a term with no criminal or even negative connotations is attached to such despicable acts, hence the principle of Bill C-291. In the healing process, it is important, from the outset, that the victim is relieved of guilt about the events and that the burden is carried by the abuser. Naming the abuse can also help the victim. It may not seem important, but being a victim of child pornography does not have the same connotation as being a victim of child sexual abuse. A person charged with possession of child pornography will not be charged with sexual assault. However, they are indirectly participating in it by not reporting it and by taking advantage of the situation to deliberately indulge their deviant urges.
Most of the time, the victim is not mentioned in child pornography cases, except to say that they were indeed a child. When we talk about child sexual abuse material, we are doing two things: We are naming the abuse that the child is suffering, and we are calling the accused a child molester. These are much more powerful words, even though we are talking about the same act. They put things in perspective. In a crime involving child pornography, there is a victim of abuse and there is an abuser, the child molester.
In many types of crime, there is often a grey area, extenuating circumstances, possible doubt over the degree of guilt, participation and consent of the victim. In the case of child abuse, everything is clear and we have to call a spade a spade.
What is more, this term is already being used by some advocacy groups, including the Canadian Centre for Child Protection and Canada's national tipline for reporting the online sexual exploitation of children. Children are disproportionately the victims of sexual offences and are especially vulnerable. In Quebec, 54.4%, or the majority, of victims of sexual assault are adults, but the number of victims under 18 is growing faster than the number of adult victims, with annual increases of 9.5% and 4.3% respectively. Victims of other sexual offences are nearly exclusively minors, at 90.8%. These offences include sexual interference and invitation to sexual touching, luring and publication of intimate images.
These statistics make it clear why victims and their loved ones feel as though these situations are being downplayed.
If an offence is not a direct aggravated sexual assault, then it gets classified under “other offences”. In reality, however, the possession of child pornography often involves sexual assault that is often even documented.
According to the Quebec Department of Public Safety, these types of crimes are on the rise. Cases of sexual interference and luring have risen by 6% and 9% respectively. These are moderate increases. Cases of incest have risen by 4.3%. Cases of publication of an intimate image without consent have risen by 7.4%, and cases of invitation to sexual touching have risen by 1.4%, and that number has held steady. These are chilling statistics.
Sexual acts and activities must only take place with the free and informed consent of the participants. The concept of consent is essential. It is based on the idea that the person is fit to make a decision and that they understand the implications and consequences.
In Canada, the age of consent to sexual activity is 16. However, in the case of all minors, including those who are aged 16 and 17, a young person cannot legally consent if a sexual partner is in a position of authority over them. If the young person is dependent on their sexual partner for support and has nowhere else to go and no one else to care for them, then they are in a relationship of dependency.
The relationship is exploitative when, as of the age of 12, there are close-in-age exceptions. A person who is 12 or 13 can consent to sexual activity if their partner is less than two years older. A person who is 14 or 15 can consent to sexual activity if their partner is less than five years older. That means that even if one of the partners is over the age of majority, as in the case of a couple consisting of a 15-year-old and a 19-year-old, consenting sexual contact can take place with a minor as long as they are close in age.
This also means that, conversely, in a situation where one member of the couple is over the age of majority, as in the case of a 14-year-old and a 19-year-old, the child cannot legally consent to sexual activity and the act becomes a sexual offence, even with the consent of the minor's parents. There is no possibility of consent when a child is under the age of 12.
It is worth noting that the clause-by-clause consideration of the bill in committee took only 30 minutes. This is an uncontroversial bill, despite the number of amendments that were moved. In fact, most of the amendments came from the government. There was absolutely no debate on the substance of the bill, and all the amendments proposed by the government, 15 in all, were adopted unanimously. This is important work. Amendments G-1 and G-12 essentially added the notion of exploitation to the term “child sexual abuse material” to make it clear that possession of such material automatically involves the exploitation of a child. Naturally, these amendments were also adopted.
Also, not all judges have the knowledge required to deal with sexual assault cases or cases involving certain groups. We have been talking about this for a long time. Training for judges is important. The case of Judge Jean-Paul Braun is a shocking example. He said out loud during a trial that the victim, who was a minor at the time of the assault, had a pretty face and should feel flattered to have attracted the attention of an older man. An Alberta judge was fired after making what were considered sexist and racist remarks about indigenous people, abused women and victims of sexual assault.
An acquittal was overturned because a judge who found a man accused of sexually assaulting children not guilty relied on stereotypes. The judge suggested that, because nobody noticed anything, the girl, who was only between the ages of 6 and 12 at the time, was not credible. The judge said the child's testimony was not transparent, reliable, sincere or credible. Forcing all judges to participate in sexual assault and social context training would destroy certain stereotypes and myths that influence judges' decisions and their attitudes toward victims.
Fortunately, Bill C‑3 called on the Canadian Judicial Council to ensure that federal judicial appointees to various courts have the tools to help them preside over sexual assault cases. My colleague from Rivière-du-Nord, who worked on that bill, pointed that out. The third time around, Bill C‑3 was finally unanimously passed by all MPs. It was passed on division in the Senate and received royal assent on May 6, 2021. It is an important bill.
In addition, the whole issue of cybercrime is also troubling. Last week, I had a chance to talk with Hugo Loiseau, a professor at the Université de Sherbrooke who is studying this issue. A cybercrime is a criminal offence committed through a computer system that is usually connected to another network. This whole issue of child pornography content, along with incitement to terrorism or hatred, falls under the category of cybercrime.
In conclusion, the All Party Parliamentary Group to End Modern Slavery and Human Trafficking is following this issue closely and is considering recommendations that could be made to the government to take action.
The Assistant Deputy Speaker Carol Hughes
The hon. member for North Okanagan—Shuswap has five minutes for his right of reply.
Mel Arnold Conservative North Okanagan—Shuswap, BC
Madam Speaker, as always, it is an honour to rise in this House as the representative of the great people of North Okanagan—Shuswap as I make some final comments on Bill C-291.
Bill C-291 proposes to change the term in the Criminal Code from “child pornography” to “child sexual abuse and exploitation material”. I would like to acknowledge and again thank my colleague, the member for Kamloops—Thompson—Cariboo, who drafted this bill after recognizing the need for Criminal Code amendments that this bill proposes. I also acknowledge members from all parties who have made meaningful contributions to the development of this bill, both in this chamber and at committee stage.
Committee review of the bill strengthened it by adding the words “and exploitation” to the proposed new term in the original bill, and I thank the parliamentary secretary and the Minister of Justice for their collaboration and continuation on this important initiative.
Expressions of support and collaboration from all sides reflect that this bill is a step in the right direction, a step that must be followed by more steps: additional steps toward strengthening the Criminal Code and other federal laws to increase protection of children; additional steps to increase capacities of those entrusted with enforcing and prosecuting offences; and additional steps to support healing and recovery of those victimized by child sexual abuse and exploitation.
I want to thank people who have approached me in North Okanagan—Shuswap on the streets and at events to express their support and appreciation for this bill. The spontaneous face-to-face support from constituents is always reassuring that we are moving in the right direction. I also thank all of the Canadians who supported the bill by signing petition e-4154 initiated by Rachel Enns back home in Vernon. I would especially like to acknowledge and thank the organizations that have expressed support for this bill, that work every day to fight child sexual abuse and exploitation.
I look forward to the vote on Bill C-291 and I hope all members support this important bill to move it forward and send it to the other place toward completion so that it will establish the proposed changes in Canada's Criminal Code.
Some hon. members
Question.
The Assistant Deputy Speaker Carol Hughes
The question is on the motion.
If a member of a recognized party present in the House wishes that the motion be carried or carried on division or wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.
The hon. member for North Okanagan—Shuswap.