The House proceeded to the consideration of Bill C-291, An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse and exploitation material), as reported from the committee.
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 House proceeded to the consideration of Bill C-291, An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse and exploitation material), as reported from the committee.
The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes
There being no motions at report stage, the House will now proceed, without debate, to the putting of the question on the motion to concur in the bill at report stage.
Mel Arnold Conservative North Okanagan—Shuswap, BC
moved 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), as amended, be concurred in.
(Motion agreed to)
Mel Arnold Conservative North Okanagan—Shuswap, BC
moved that Bill C-291, An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse material), be read the third time and passed.
Madam Speaker, I am honoured once again to rise in the House as a representative of the amazing people of North Okanagan—Shuswap to speak to my private member's bill, Bill C-291, an act to amend the Criminal Code and to make consequential amendments to other acts.
This may be the last time this bill is debated in the House, and I am compelled to thank the many Canadians who have helped progress this important legislation forward.
At the outset, I must thank the hon. member for Kamloops—Thompson—Cariboo, who was central to the conception and drafting of this bill. The hon. member possesses a keen sense of how we can and should improve Canada's laws. I thank the member for his work on the bill.
I must also thank the member for Kelowna—Lake Country, who has worked with us to move Bill C-291 through the process. I know that she strongly supports increased protection of children and support for victims of crime, and I thank her for assisting in today's debate.
It was only 26 days ago that the House debated this bill at second reading, and I thank all members of the Standing Committee on Justice and Human Rights for their timely and thoughtful examination and support of this bill. I thank the Parliamentary Secretary to the Minister of Justice and Attorney General of Canada for proposing amendments to the bill to ensure that it captured exploitation and aligned with the definition in the Criminal Code. I also thank members of the justice committee and Department of Justice officials for their examinations of the bill at committee.
I would further like to thank the Canadian Centre for Child Protection, Ratanak International and the Centre to End All Sexual Exploitation for supporting this bill. I thank them for the difficult but essential work they do every day to fight abuse and exploitation of children.
I thank the hundreds of Canadians who signed e-petition 4154 calling on the House to pass this bill.
I believe we also owe thanks to the staff and officials who allow our work and debates to occur. I send my thanks to the office of the law clerk and parliamentary counsel, the Private Members' Business office, journals branch, Parliamentary interpretation and the interpretation bureau, and all of the House of Commons and parliamentary personnel who work with us every day.
I also extend my thanks to law enforcement and judicial personnel who deal with child sexual abuse exploitation in their daily roles and hope that this bill will help in their work of increasing safety for children. I thank them all.
As I stated in previous debates, child sexual abuse material is a growing problem in Canada, and Canadians look to us, their elected representatives, to take the steps, big and small, that are required to deal with problems like the sexual abuse and exploitation of children. This bill is a meaningful step that we are taking together, and I thank hon. members from all parties in supporting it. Together, we are serving Canadians.
There has been discussion between all parties and to my knowledge there was agreement to allow the debate to collapse today by keeping our speeches short so that Bill C-291 can be voted on tomorrow, moving it one step closer to calling child sexual abuse and exploitation material what it really is.
Criminal CodePrivate Members' Business
December 13th, 2022 / 5:35 p.m.
Winnipeg North Manitoba
Liberal
Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons
Madam Speaker, whenever a member comes up with a private member's bill, it is always encouraging to see it get through to third reading.
I understand that there still are a number of members who would like to speak to the legislation. At the end of the day, there will be a great deal of sympathy towards seeing the change that is being proposed in the legislation before us. Could the member provide his thoughts in terms of recognizing members who have been very supportive of the name change itself?
Mel Arnold Conservative North Okanagan—Shuswap, BC
Madam Speaker, the support has truly been across all parties.
There has been discussion that members would limit their speaking time today so that we could move this bill as swiftly as possible to the Senate for its consideration, so that we can hopefully, very quickly, have this bill receive royal assent and move into legislation so that it can start to do the work that it is meant to do as proposed by my fellow member for Kamloops—Thompson—Cariboo.
Karen Vecchio Conservative Elgin—Middlesex—London, ON
Madam Speaker, I really would like to thank the member for putting the bill forward. Ensuring that our children are safe is probably the number one priority for all Canadians and for members in the House.
I recall the work we did on Bill C-233, which was called “Keira's Law”, and the importance of getting it through, because all parties recognized the importance of the bill. At committee, at all stages, we ensured that we allowed debate to collapse so that it could move forward. I really do hope that we will be able to get this bill through immediately so that we make a change to the Criminal Code and ensure that our children are safe.
Mel Arnold Conservative North Okanagan—Shuswap, BC
Madam Speaker, I thank the hon. member for Elgin—Middlesex—London for all of her advocacy on women's rights, children's rights and victims' rights. She has been an incredible advocate on behalf of victims.
This bill is so important, as all parties have seen. There is no opposition to the bill. I would really hope that debate could be allowed to collapse today, so we could move forward to get it through to a vote and through the House as soon as possible.
Andréanne Larouche Bloc Shefford, QC
Madam Speaker, I thank my colleague for the speech he made today.
As a member of the Standing Committee on the Status of Women, I will also add my voice to that of my chair. This type of non-partisan bill that addresses the safety of our young women and our young girls is essential. As my colleague mentioned, we worked together on Bill C‑233. I will not elaborate on this, but I just wanted to say that, to me, it is essential to finish the year on this note, with no partisanship, to ensure the safety of our women and girls.
Mel Arnold Conservative North Okanagan—Shuswap, BC
Madam Speaker, there is really no debate on this bill. Everyone is in support of it. To see it move forward as quickly as possible through the debate stage today, to allow the debate to collapse so it could go to a vote tomorrow and move on to the next stage, would be in the best interest of the children who have been or who could become victims of child sexual abuse and exploitation material.
Randall Garrison NDP Esquimalt—Saanich—Sooke, BC
Madam Speaker, I thank the member for North Okanagan—Shuswap for his work on this bill. I also thank him for sticking to the things that unite us today and not taking the opportunity to try to divide us on issues that, at other times, do severely divide us.
We are in agreement with this bill. I will be speaking briefly to it later, and I share his optimism that we can get this done before we leave.
Mel Arnold Conservative North Okanagan—Shuswap, BC
Madam Speaker, I thank the member from the NDP for his support and the support from his entire party on this, as they have indicated. I certainly hope that we can move this bill as quickly as possible to help protect children from child sexual abuse and exploitation material.
Criminal CodePrivate Members' Business
December 13th, 2022 / 5:40 p.m.
Scarborough—Rouge Park Ontario
Liberal
Gary Anandasangaree LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada
Madam Speaker, at the outset let me acknowledge that I am speaking to you from the traditional lands of the Algonquin and Anishinabe people.
As this is my first opportunity to speak since the passing of the Hon. Jim Carr, I want to express my deepest condolences to the Carr family and my appreciation to them for sharing Jim with us, both in Parliament as well as in Canada, and for the remarkable legacy that he leaves in being who he was, such an honourable gentleman who crossed party lines and in many ways reached out across the aisle. I am heartened to see so many very positive comments coming from everyone, from all parties.
I wanted to particularly express my condolences to Ben Carr, whom many in the House may know as someone who was very much part of our government at the beginning stages. He moved on to Winnipeg, to serve his community locally.
As we close the year, Jim's passing should give us some guidance in terms of how we should not only work with each other and towards strengthening this institution, but also work across the aisle to make things happen for Canadians. As we know, one of the last things Jim did was see the passage of his private member's bill to build a green prairie economy, Bill C-235, which received unanimous support.
Today, we are in a very similar moment here, with Bill C-291, an act to amend the Criminal Code and to make consequential amendments to other acts in respect of child sexual abuse material, brought forward by the member for North Okanagan—Shuswap, providing that opportunity.
I would note that during this process we worked very well together, collaboratively, with him and his colleague, the member for Kamloops—Thompson—Cariboo, in terms of getting this bill both through the House and through the committee stage at the Standing Committee on Justice and Human Rights. I want to thank the member and his colleague, and all members who are part of the justice committee, for working on this bill expeditiously and getting us to this point.
We must take measures to fight child sexual exploitation. We have comprehensive and robust criminal laws against it. We need to have strong and effective law enforcement, and we need to continue to advance and facilitate measures that seek to support victims.
I would like to take this time to highlight the vital work done by the child and youth advocacy centres across this country. These centres provide a coordinated, multidisciplinary approach in a safe, comfortable environment to address the needs of children and youth and their families. Children and youth who are victims or witnesses of crime in Canada deserve protection and justice. Online child sexual exploitation is some of the most disturbing conduct facing society today. The pandemic has contributed to a rise in sexual offences committed against children, including their facilitation through technological means.
In the 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, which was a 56% increase compared to the previous fiscal year in 2020-21, with only 52,306 reports received, and an 854% increase compared to 2013-14, when 8,578 reports were received, based on the internal numbers provided by the NCECC.
The website cybertip.ca, run by the Canadian Centre for Child Protection, reported a 120% increase in reports of children being victimized online in comparison to prepandemic rates.
According to Statistics Canada, in 2020, police reported crime data which included the first year of the pandemic, as indicated, and that incidents of making or distributing child pornography had increased by 26% in 2021 compared to 2019, and by 58% over the five-year period of 2017 to 2021. Possession of or accessing child pornography increased by 44% in 2021 compared to 2019, and represents a 146% increase since 2017. Incidents of luring a child via a computer have gone up 23% compared to 2019, a 48% increase from the previous five years.
This bill changes the term “child pornography” to “child sexual abuse and exploitation material”. This new term captures the full scope of Canada's law, as well as the jurisprudence available from the last 30 years. The Government of Canada, therefore, is committed to preventing and protecting children from sexual abuse and exploitation of any kind, including internationally.
Canada works closely with international partners to combat online child sexual exploitation. This includes not only the extent of information regarding new and emerging threats, but also the sharing of best practices and lessons learned in combatting this crime.
Canada is a state party to a number of international agreements to protect children from sexual exploitation, including the Universal Declaration of Human Rights, the United Nations Convention on the Rights of the Child, the optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, and the convention on cybercrime, or what is called the Budapest convention.
The sexual exploitation and abuse of children has devastating and long-lasting consequences on victims. We remain committed to taking meaningful action to combat child sexual exploitation and abuse materials. Canada's existing criminal laws against child sexual exploitation and abuse materials are among the most comprehensive in the world. The Criminal Code prohibits all forms of child sexual exploitation and abuse materials, including against possessing, accessing, making or distributing it, which can be punishable with a term of imprisonment of up to 14 years for each event.
Serious crimes deserve serious consequences. I, along with my fellow members, look forward to watching this important bill progress in the other place. As a community, we all have a role to play in protecting children.
Rhéal Fortin Bloc Rivière-du-Nord, QC
Madam Speaker, Bill C‑291 is a bill that could, in other circumstances, be described as practically useless. It only changes some words. Changing the title of a bill and the name of a crime in the Criminal Code may seem rather inconsequential.
In this case, there is absolutely nothing inconsequential about it. In this case, we are talking about holding criminals responsible for their actions.
The Assistant Deputy Speaker Carol Hughes
Order. I must remind the member he should make sure that his documents do not touch the microphone, as this bothers the interpreters.
The hon. member for Rivière‑du‑Nord.
Rhéal Fortin Bloc Rivière-du-Nord, QC
Madam Speaker, I was saying that in the case of Bill C-291, words carry weight.
We are debating replacing the term “child pornography”, which is currently used in the Criminal Code, with “child sexual abuse material”. The RCMP proposed the use of the term “child sexual exploitation material”.
Whether we use the term child sexual exploitation or child sexual abuse, I think that we should clarify these actions or describe them for what they really are.
Pornography in our society—
The Assistant Deputy Speaker Carol Hughes
Order. Once again, the hon. member's papers seem to be touching the microphone and that makes things quite difficult. I would like to remind the member to note that the microphone is close to him.
The hon. member for Rivière‑du‑Nord.
Rhéal Fortin Bloc Rivière-du-Nord, QC
Madam Speaker, next time I will remember to ask for a lectern.
As I was saying, child sexual abuse has a significant connotation. It is pedophilia. When people talk about pornography in today's society, there is apparently some ambiguity around that word. The meaning and significance of pornography vary considerably from person to person. Some people may consider certain actions pornographic. Some actions, some audiovisual material and some books may be considered pornographic by some and art or just sexuality by others. To some people, it is not that at all.
I think we can live with some degree of ambiguity with respect to pornography. That may be a subject for another time in another place, but child pornography is something else entirely. Child sexual abuse is unacceptable in our society, and I think it is important not to mince words. The Bloc Québécois will support Bill C‑291 because we think it is essential.
The point I want to make about pornography is that it has everything to do with the participants' consent. Child sexual abuse is totally different.
Let us look at the statistics. We are told that, in Quebec, the number of victims under the age of 18 has grown faster than the number of adult victims in recent years. We are talking about an annual increase of 9.5% in cases of child pornography, cases of sexual assault against children. Meanwhile, the number of crimes involving pornography or sexual assault against adults increased by only 4.3%. That is a lot. I am not saying that it is not significant. I simply want to emphasize the fact that what we consider abusive, namely sexual assault against adults, increased by 4.3% and we find that unacceptable. However, we must not lose sight of the fact that, for children, that increase amounted to 9.5% a year.
I think we need to take action. There are all kinds of ways to do that. I am thinking about the possibility of educating children on the topic in schools and the need to make adults more aware of this problem. All sorts of measures can be taken as part of the administration of justice to ensure that children are better protected.
In the federal Parliament we work with the Criminal Code. Yes, we may need to review some provisions of the Criminal Code, impose harsher sentences or find other approaches. One thing is certain, what Bill C-291 is proposing is no minor matter, unlike some bills that simply seek to change the terms that are used without doing anything that has a real impact.
At the same time, I think we have to keep the issue of the healing process in mind. In the current system, an adult who sexually assaults a child could be charged with sexual assault or with using child pornography, without any real understanding of what that means. Often, children will feel responsible for acts that should be blamed on the adult who abused them.
During the victim's healing process, it is important to ensure that the victim does not feel responsible in any way. This is important. It is equally important, for the victim's sake, that we ensure that the abuser is blamed and identified as the perpetrator of the acts.
I think that being accused of having consumed, used or sold child pornography is already a serious matter. Being accused of child sexual abuse is much more serious, much more significant. Young victims will understand that the burden of what took place falls not on them, but on the abuser, the person who is accused of child sexual abuse. I think that will help in the healing process.
In closing, Bill C-291 is not a panacea. I said earlier that perhaps we need to review certain provisions of the Criminal Code in terms of how we deal with the offenders in question, but we also need to ensure the sound administration of justice.
We recently passed a bill that requires training for new judges who will be appointed in the federal system. They will be required to take training on sexual assault law. This is important. We want to avoid a repeat of what happened in 2017 with former judge Braun, who made wholly unacceptable comments about a young girl, saying that she should perhaps feel proud, or something like that, to have been forcibly kissed. It was unacceptable and despicable. The Court of Appeal refused to hear his appeal, as did the Supreme Court. We never want to see anything like that happen again. Training for judges is therefore important.
The bill we passed is important, but there is still more to do. Quebec and the provinces will no doubt follow suit with measures to ensure that kids in our schools and adults who work with young people are very aware of this issue. The federal Parliament has done its job with Bill C‑291, and I congratulate the member who introduced this bill. I think it will be good for everyone.
I will conclude by wishing everyone a happy holiday.
Randall Garrison NDP Esquimalt—Saanich—Sooke, BC
Madam Speaker, I would like to take a moment, since it is my first time rising since the passing of our colleague Jim Carr, who was the member for Winnipeg South Centre, to express my condolences to his family and friends and to say that I faced Jim across the aisle here for quite a long time. The flowers on his desk today certainly remind us all of his absence. We often shared a nod, a headshake or a smile at things that happened in the chamber. He was one of the MPs who exemplified to me the best of what it means to be a member of Parliament.
Turning to the subject at hand, Bill C-291, the NDP will be supporting this bill as it has been retitled, “child sexual abuse and exploitation material”.
I accept the good intentions of its author and its sponsor in the House, and I believe that it is more than magical thinking, as some have accused. I think it is about making clear what we are doing and what we are condemning. We are broadening that definition so we can more easily get prosecutions done under this new title of “child sexual abuse and exploitation material”, and removing the word “pornography” takes away the sense that, somehow, there was anything ever consensual about these kinds of materials and activities when they involve children.
Those in the House now know that this is part of my own story. I stand in the House not just as an ally of child sexual abuse survivors but as one of them. I have a strong message for all of those out there, every time I speak, and it is that this could happen to anyone. It has happened to many of us, and it need not destroy our entire life, but it is a burden that we will carry forward. I am glad to see all of us supporting strong action against these kinds of crimes against children.
When it comes to child abuse and sexual exploitation, we know what works, and I am hoping that those who have sponsored the bill and all of us who are supporting this bill will also be there when it comes time to have additional resources for enforcement, and when it comes time for additional supports for those who have survived these crimes. I trust that we will all be there when that time comes.
I trust what the member for North Okanagan—Shuswap said today, in that we can agree to keep our speeches short and to limit the number to make sure that this bill can pass today before we rise for the holiday.
I know that there have been some discussions and some back and forth here today, and I am siding with the member for North Okanagan—Shuswap in that hope that we can do our best to make sure this is concluded so we can vote tomorrow to send it off to the other place.
I am really at the end of what I wanted to say today, so let me also take this opportunity to wish my colleagues, however they celebrate, a very happy holiday season. I look forward to being back here at the end of January to continue the important work we do on behalf of Canadians.
Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC
Madam Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Cariboo. I am going to speak not from notes but from the heart today. Before I begin, however, I want to note two things. First, I will be splitting my time with the member for Kelowna—Lake Country. This will be likely a brief speech that I am giving, from the heart—
Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC
Madam Speaker, may I have unanimous consent to split my time?
Some hon. members
Agreed.
Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC
Madam Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Cariboo.
I want to highlight the exemplary work of someone from my community who recently passed, and that is Melanie Savage. She was a captain in the Blackpool Fire Department. Only 34 years old, she served the community with diligence. I got to know her father through his work in the RCMP when he was a Queen's jubilee medal recipient four or five months ago. I had the privilege of speaking with him today. My condolences go to her family and may eternal light shine upon her.
Similarly, I want to express my condolences to the family of our colleague, the Hon. Jim Carr. May eternal light shine upon him as well.
I had to look up the date. It was about 2015 when my supervisor came to me when I was a prosecutor and said that I had done a lot of work prosecuting what we call child pornography offences, that I was good at it and asked if I would consider doing more. I said no. I went home that night, I talked to my wife about it and I said that somebody had to do this work, so I agreed to do it and said that I would take it on for two years. Six years later, I was more immersed in the work than ever.
Through my work prosecuting child sexual abuse and exploitation material, its production and its dissemination and also the hands-on offences such as sexual assault, sexual interference and Internet luring, I came to understand the importance of victims not only getting justice but moving forward. The reality is that in those six years I looked too many victims in the eye not to know that, if we think that this is something that happens elsewhere, we must think again. As one noted jurist said, Internet luring, for instance, is an insidious crime and it is connected to child sexual abuse and exploitation material.
There is no reason why this bill should not pass and that this bill should not be voted upon tomorrow. This is an important bill; let us make no mistake about it. This bill passed unanimously at second reading. I am confident it will pass unanimously again at third reading.
I drafted this bill based on my experience and I want to thank the member for North Okanagan—Shuswap for sponsoring the bill and using his spot in the order of precedence. I want to thank the member for Kelowna—Lake Country, taking a team British Columbia approach, for bringing this bill here today. I am going to look into the camera first and then I am going to look at my Liberal colleagues. In fact, I am going to look at all my colleagues and say this: There is no reason that this bill should not pass tomorrow.
After my colleague from Kelowna—Lake Country, we as Conservatives will not be putting up any more speakers. There will be roughly 20 minutes of debate left. If debate collapses, we will vote tomorrow. Therefore, I want to be very clear. My exhortation to the people in the House is to let debate collapse. If we believe in this and we say this is important, let us put our money where our mouths are and let debate collapse. I want to be very clear. If debate does not collapse, it is not because of anybody here who wishes for it not to happen because I would love to see a vote occur on this tomorrow.
My heart goes out to victims, to law enforcement and to all those who deal with these difficult, insidious offences. That is all I have to say. My hope is that we are voting on this tomorrow.
Tracy Gray Conservative Kelowna—Lake Country, BC
Madam Speaker, I am proud to speak today on this important legislation, Bill C-291, from my Conservative colleagues, the members for North Okanagan—Shuswap and Kamloops—Thompson—Cariboo, and to help move this piece of legislation along.
Changing the term “child pornography” to “child sexual abuse and exploitation material” is not only more accurate, but the terms “abuse”, “sexual abuse” and “exploitation” also currently exist in the Criminal Code and better align with the facts. As a mother, I have to say that I am not sure what could be more disturbing than child exploitation through sexual abuse material. The victims are children, and the unimaginable robbing of children of their innocence should be reflected in our Criminal Code.
Our 21st century digital age has brought many great things to our lives, but it has allowed the darkest and most pervasive crimes imaginable to be available to anyone. As a result, the ability of predators to monetize their evil behaviour means more children than ever are at a risk of repeat victimization.
It is shocking that in 2021 there was a 14% increase in sexual violations against children. A Statistics Canada 2021 report detailed how child sexual abuse material is a growing problem across Canada. We need to sharpen our laws so they ensure that the prosecution and punishment of offenders reflects the crime. Words do matter, and it is important this bill passes quickly in this place.
I am proud to support this bill, and I call on all members to join the Conservatives in acting to protect innocent victims, the children of today, who are the leaders of tomorrow.
Criminal CodePrivate Members' Business
December 13th, 2022 / 6:10 p.m.
Winnipeg North Manitoba
Liberal
Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons
Madam Speaker, it pleases me to see that the legislation received wide support at its introduction, at second reading and at committee, and now we have the legislation before us today in its first hour of third reading. Based on the comments we have heard consistently over the last while on this legislation, I expect that all members of the House of Commons will be supporting and voting in favour of it, and for good reason.
When the member for Kamloops—Thompson—Cariboo was standing up and reflecting on his time as a prosecutor, he said that he was prepared to take on and continue the challenge of going after these offenders. It made me reflect on a discussion I had with a police officer a number of years ago. The police officer said that he and a couple of others were involved in gathering information related to child pornography. What we are now talking about is widening the scope of child pornography to call it “child sexual abuse and exploitation material”.
There was an impact on that particular police officer, and he provided comments on that. He was making reference to Calgary at the time, because I believe that is where some additional attention was given by the government of the day in terms of going after Internet exploitation. It had an impact on individual investigators, and it was difficult for those who had children to go home and see them. One can only imaging having to deal with that on a daily basis.
I can sympathize with individuals who look at the legislation and say it must happen. There is no doubt in my mind that we will see the change. I say that based on discussions I have had with caucus colleagues and after listening to members across the way talk about it.
Replacing the words “child pornography” with “child sexual abuse and exploitation material” broadens the scope and gives a much clearer and better sense of what we are talking about. Child pornography is, in fact, one of the most disgusting and horrific ways one can abuse a child.
When we talk about it, we need to have an understanding of the impact it has. It has a devastating impact on the lives of not only the victim, but the people around the victim, such as their family and friends. Obviously most important is the victim.
As the words say very clearly, we are talking about a child. When we think of the ages of the children being exploited, as has been brought to my attention on a number of occasions, we are talking about children as young as six months old to children up to the age of 18.
Regarding the type of exploitation that takes place, I do not know if trying to describe it in terms of actions is the way to go here, but what I would like to do is emphasize the degree, because often when people think of these materials being circulated, they think of things such as organized crime being behind it. I would like to highlight two things that I find so upsetting in dealing with this issue.
One is the end-user, the individuals who are participating and who ultimately cause any form of a demand for it. They are the consumers of these disgusting materials where children are being exploited. That is what offends me most. The individuals in question might actually surprise some. I was at a discussion where we were talking about child exploitation, and I was surprised to hear that there is a very strong component where we get family members who will exploit their own children.
How does a mother, father or any guardian take a four-year-old and put that four-year-old in an environment where there is some form of exploitation, sexual exploitation in particular? When I posed that question, I was told that there is an issue in many third world countries where the child is the source of income for the family. In my mind in no way does that justify the exploitation of the child, but I learned something from that.
We could then bring it forward to that more organized crime element, where it is well thought through. We could call it Internet luring. There are also individuals who will hang out at terminals where they know young people will go by. They lure young people through all forms of trickery, and before we know it, they are being exploited and being taken advantage of.
Whether it is the individual guardian or parent exploiting their own child or it is organized crime where we get that exploitation taking place, and everything in between, I believe Canadians look at it in the same manner I do and see it for what it is: a horrific crime of child abuse in the worst way.
At the end of the day, we factor in all the things that need to be factored in, and we take a look at the legislation. It is legislation many would argue is fairly straightforward legislation. It is legislation, as I indicated, that I am expecting all members to be voting in favour of when it comes to a vote. It is pretty straightforward in the sense of changing or replacing the word “child pornography” with “child sexual abuse and exploitation material”, which I said at the very beginning widens the scope and provides a better clarification of what civil society, our neighbours and our constituents, would want us to do.
It is indeed a very serious issue, and I believe all members on all sides of the House recognize the sensitivity of it. As I said, I do believe that all members will in fact be voting in favour of it.
An hon. member
Then pass it today.
The Assistant Deputy Speaker Carol Hughes
Order. I know this is a very sensitive issue, but there is only one person who has the floor, and he is the only person who should be speaking at the moment.
Resuming debate, the hon. member for Surrey—Newton.
Sukh Dhaliwal Liberal Surrey—Newton, BC
Madam Speaker, I am very pleased to join the third reading 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, which was introduced on June 17, 2022, by the member for North Okanagan—Shuswap.
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 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.
The Assistant Deputy Speaker Carol Hughes
Pursuant to order made on Thursday, June 23, 2022, the division stands deferred until Wednesday, February 1, at the expiry of the time provided for Oral Questions.
The House resumed from January 31 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.
The Speaker Anthony Rota
Pursuant to order made on Thursday, June 23, 2022, the House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill C‑291 under Private Members' Business.
(The House divided on the motion, which was agreed to on the following division:)
The Speaker Anthony Rota
I wish to inform the House that because of the deferred recorded divisions, Government Orders will be extended by 59 minutes.