An Act to amend the Criminal Code (life imprisonment)

Sponsor

Frank Caputo  Conservative

Introduced as a private member’s bill. (These don’t often become law.)

Status

Outside the Order of Precedence (a private member's bill that hasn't yet won the draw that determines which private member's bills can be debated), as of Oct. 4, 2022

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-299.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Criminal Code to increase the maximum penalty to life imprisonment for certain indictable offences.

Elsewhere

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.

Reference to Standing Committee on Procedure and House AffairsPrivilegeOrders of the Day

November 20th, 2024 / 6 p.m.


See context

Conservative

Brad Redekopp Conservative Saskatoon West, SK

Madam Speaker, I rise once again to address the sweeping corruption that grips the NDP-Liberal government here in Ottawa. Parliament is consumed with the issue of the Liberal government refusing to turn over unredacted documents to the RCMP for a criminal investigation.

These documents pertain to Sustainable Development Technology Canada, better known as the green slush fund. I have already spoken extensively on this issue, as did the Auditor General, I may add, so I am in good company. I encourage everyone to check out my Facebook and Twitter feeds to see my deep dive into the green slush fund and other Liberal criminal wrongdoings. For example, in today's case, these documents have been blotted out by the Liberals and, as a result, the police are at a standstill, but is this a surprise? In our country, police investigations of possible wrongdoing and criminal activity are not just esoteric questions confined to the Prime Minister and his cadre of NDP advisers. Crime is real.

The government may not take crime seriously, something they are demonstrating here by failing to provide to the RCMP documents that may very well hide criminal actions and connections to Liberal insiders, potentially even Liberal MPs or ministers, but crime is a crisis gripping our nation. It is a crisis that affects every community, family and Canadian.

I am speaking about the devastating convergence of drugs and crime, two interconnected issues that have spiralled out of control under the NDP-Liberal government's watch. This crisis is not about abstract statistics. It is about real people. It is about the family grieving the loss of a loved one to a fentanyl overdose, the shopkeeper who no longer feels safe in their store and parents who are afraid to let their children play in local parks because of discarded needles and drug paraphernalia. This is a crisis that touches all of us, and it demands immediate, decisive action.

For too long, the Liberal government, propped up by its NDP allies, have implemented reckless ideological policies that have not only failed to solve these problems but also made them worse. Their so-called evidence-based approaches have emboldened criminals, exacerbated addiction and left Canadians feeling less safe in their own communities. It is unacceptable. The Conservative Party offers a clear, common-sense alternative. We believe in holding criminals accountable, in prioritizing recovery over enabling addiction and ensuring that every Canadian can feel safe in their home, their neighbourhood and their workplace. All of this is against the backdrop of a government that commits scandal after scandal.

This discussion here today is only the latest one, which is the refusal of the government to provide the unredacted documents to the RCMP so it can determine if there were actual crimes committed. When we have a federal government so quick to bend the rules, and possibly even commit crimes, is it any wonder that we have a larger crime and drug problem in this country?

To address this crisis effectively, we must begin by understanding the root causes. Drug addiction and crime are deeply intertwined, each fuelling the other in a vicious cycle that devastates individuals, families and communities. The opioid crisis is a prime example. Since 2015, Canada has seen an explosion in opioid-related deaths, driven by the rise of synthetic drugs, such as fentanyl. These substances are cheap, potent and deadly. Between January 2016 and September 2022, over 35,000 Canadians lost their lives to opioid overdoses. In my home province, the Saskatchewan Coroners Service recorded eight deaths by fentanyl poisoning in 2016. Deaths by fentanyl poisoning peaked at 272 in 2021, during COVID, and levelled out at 252 in 2023.

Addiction is not just a personal struggle. It is also a societal failure. The current government's response has been to normalize and enable drug use through policies such as safe supply and harm reduction. These programs are based on the flawed assumption that addiction is a permanent condition that cannot be overcome. This defeatist mindset ignores the potential for recovery and consigns individuals to a life of dependency.

At the same time, our justice system has been systematically weakened. Bills such as Bill C-75 and Bill C-5 have prioritized the rights of offenders over the safety of law-abiding citizens. These laws have made it easier for repeat offenders to obtain bail, have reduced sentences for violent crimes and have eliminated mandatory minimums for serious offences. The result is a justice system that no longer serves justice. We cannot afford any more years of inaction or misguided ideology.

It is time to chart a course built on accountability, safety and recovery. These are important words. We need accountability here in Ottawa, like today as we debate this motion on the green slush fund and the possible criminal wrongdoing of the NDP-Liberal government in funnelling money through the green slush fund. Why do I say “possible wrongdoing”? Well, it is because the Liberals are blocking this Conservative motion to release the unredacted documents necessary for the RCMP to investigate.

It is amazing that the Liberal Party has prioritized itself and its own selfish needs over the safety of Canadians, selfish needs like funnelling government cash to their friends through the green slush fund. How do I know that? Well, just look at the Liberals' legislative record when it comes to criminal matters.

The NDP-Liberals passed Bill C-5, which purposely took accountability and punishment out of the courts. Since the passage of Bill C-5, violent crime and drug-related offences have skyrocketed. Repeat offenders, no longer deterred by the threat of significant prison time, have become more brazen. Police officers across the country report increased difficulty in keeping dangerous individuals off the streets, knowing they will likely be released with minimal consequences. Simply put, Bill C-5 replaced prison sentences with conditional sentences, better known as house arrest, for crimes like sexual assault, kidnapping, human trafficking, stealing cars, breaking and entering, arson, assault with a weapon, assaulting peace officers, and trafficking in dangerous narcotics and drugs.

The introduction of house arrest for these serious crimes is quite troubling. House arrest may be appropriate for minor, non-violent offences, but it is entirely inadequate for crimes like sexual assault, kidnapping or drug trafficking. This policy not only fails to hold offenders accountable, but also places an undue burden on victims and their communities. Imagine the trauma of knowing that one's assailant is serving their sentence just blocks away from one's home. One particular harrowing example is the case of a violent offender released on house arrest who subsequently commits additional crimes. This revolving door justice system undermines public trust in the legal system and places innocent Canadians in harm's way. That is why we need accountability restored to our criminal justice system.

Unfortunately, accountability is lacking in this justice system, which is why common-sense Conservatives brought forward the motion we are debating today to turn this criminal matter over to the RCMP. Indeed, common-sense Conservatives have put forward strong policy proposals on criminal justice matters since the last election. Perhaps the government, which is so intent on avoiding accountability around the criminal wrongdoings of the green slush fund, as well as everyday, common-sense Canadians, would like to hear about them. Perhaps this could distract from other conflicts of interest.

Conservative members have introduced numerous private members' bills designed to correct the failures of Bill C-5 and address the broader issues plaguing Canada's justice system. First, Bill C-299, the strengthening penalties for sexual exploitation act, seeks to increase the maximum penalty for offences like human trafficking and child exploitation to life imprisonment. While the Liberals redacted their scandals, we introduced Bill C-321, the protecting first responders and health care workers act, which proposes harsher penalties for assaults against first responders and health care workers. While the Liberals hid their wrongdoing with redacted documents, we introduced Bill C-394, the restoring mandatory sentences for drug trafficking act, which would reinstate mandatory jail time for criminals involved in producing, importing and trafficking dangerous drugs like fentanyl and cocaine. These bills tackle the root causes of rising crime. Rising crime requires urgent solutions, yet the Liberal government chooses in the House to defend redacted records and questionable spending on the green slush fund rather than tackling the root causes of crime.

These next two Conservative bills would make sure that criminals stay in prison and do not revictimize people over and over again. Bill C-325, the ensuring dangerous offenders stay behind bars act, would prohibit dangerous repeat offenders from serving sentences in the community. Bill C-296, the respecting families of murdered and brutalized persons act, would ensure that individuals convicted of heinous crimes, such as the abduction, sexual assault and murder of the same victim, serve life sentences without parole for up to 40 years.

There is more. While the Liberals were giving money to their friends and hiding the evidence in these redacted documents, we introduced Bill C-351 to end least restrictive conditions for dangerous offenders, which would ensure that prisoners are confined under conditions necessary for public safety rather than trying to make criminals feel more comfortable. This change would keep dangerous individuals like Paul Bernard, in maximum-security facilities where they belong. I spoke to this bill when it was debated in the House, and the other side voted it down, voting in favour of Paul Bernardo.

These private members' bills reflect the core principles of the Conservative Party's broader justice reform agenda. Canadians can count on Conservatives to stop the erosion of public trust in the criminal justice system. The erosion of public trust caused by increasing crime mirrors the corruption and opacity surrounding the green slush fund, both of which harm the fabric of Canadian society, which is my point here today. If the Liberals would simply hand over the unredacted documents, we could get on with business here in Ottawa. We could get on with the important things Canadians are demanding, and one of those things is stopping crime.

Our Conservative plan to stop the crime includes the following pillars.

Number one is restoring mandatory minimum sentences for violent crimes, drug trafficking and serious sexual offences. Mandatory minimum sentences are essential to ensure accountability and public safety.

Number two is implementing jail, not bail. Repeat violent offenders would no longer be released back into the community on bail. We would prioritize the safety of law-abiding Canadians over the convenience of criminals.

Number three is expanding treatment and recovery options. A Conservative government would invest in detox and rehabilitation programs, ensuring that individuals struggling with addiction have a path to recovery.

Number four is supporting law enforcement. We would provide police with the tools and resources they need to combat organized crime and drug trafficking effectively. This includes reversing the NDP-Liberal government's restrictions on law enforcement powers under Bill C-75.

Number five is enhancing victims' rights. Conservatives would ensure that victims of crime are treated with the dignity and respect that they deserve. This includes greater transparency in parole decisions and increased support for victims and their families.

It is important that Canadians understand the Conservative approach to these criminal matters, such as the possible criminal wrongdoing that we are debating here today. Today, we are debating documents that, once this Conservative motion is adopted, will allow the RCMP to conduct a proper and formal probe into NDP-Liberal actions around the so-called green slush fund. Unfortunately, the Liberals have chosen to paralyze Parliament rather than adopt our common-sense motion and release those documents.

While Conservatives propose common-sense solutions, the NDP-Liberals engage in one misguided policy decision after another, and the consequences of misguided NDP-Liberal policies are clear. Violent crime in Canada has increased by 39% since 2015. Homicides are up 43% and gang-related murders have more than doubled. In Toronto, sexual assaults have risen by over 11% in the past year alone. The link between drugs and crime is undeniable. Drug users desperate to fund their habits often turn to theft, burglary and other crimes. Organized crime groups capitalize on this desperation, using drugs as a tool to trap individuals and expand their influence. Public Safety Canada has stated that the illegal drug trade is a key driver of gang violence and organized crime.

The situation is particularly dire in British Columbia, where the government's experiment with decriminalization and harm reduction has backfired catastrophically. Drug overdose deaths in the province have increased by 380% since 2015, and this year alone, B.C. is on track to recording more overdose deaths than in any previous year. The evidence is clear. These policies are not working. The human cost of this crisis cannot be overstated.

Canadians are paying the price for the NDP-Liberal government's failed policies in very real ways. In Saskatoon, the police department's crime map reveals a city increasingly plagued by violence, theft and drug-related offences. Parents in neighbourhoods like Riversdale and Fairhaven tell me that they are afraid to let their children play outside. Small business owners report break-ins and vandalism at unprecedented levels.

The opioid crisis has also placed an enormous burden on our health care system. Emergency room visits for overdoses have skyrocketed, straining resources and diverting attention from other medical emergencies. First responders, already stretched thin, are now dealing with an epidemic of overdoses and drug-related violence. The emotional toll on these frontline workers is immense. It is an emotional toll that comes from the challenges of crime gripping our communities. This emotional toll reflects the consequences of a government more focused on rewarding insiders through the green slush fund than on ensuring the safety and well-being of Canadians.

Let me repeat the sad statistic of the green slush fund. The Auditor General found 186 cases where board members doled out $400 million with clear conflicts of interest. The Liberals were taking taxpayer money and giving it to their friends and each other. That is shameful.

An emotional toll is being paid by Canadians, who are suffering through the current government of the costly NDP-Liberal Prime Minister. The NDP-Liberals have wasted billions of dollars of Canadians' money on wasteful so-called green projects through Sustainable Development Technology Canada. The sad truth is that it is being funded through Canadians' carbon tax dollars.

All common-sense Canadians know that when we slap a massive carbon tax on the farmer, then on the transport truck bringing the food to grocery shelves and then on the grocery stores themselves, the price of food goes up. It is called inflation, and boy have Canadians suffered through inflation because of the carbon tax. It is simple: Canada is in crisis. Food Banks Canada's 2024 HungerCount report highlights this stark reality. In Saskatchewan, food bank usage has surged by 42% since 2019. Alarmingly, 23% of food bank users in the province are two-parent families and 18% are employed. It is a glaring sign that something is deeply wrong when hard-working Canadians cannot afford basic necessities.

This crisis is not limited to Saskatchewan; it is a nationwide issue. Since last year, business bankruptcies have climbed 16% while personal bankruptcies are up 14%. Do members know who is not starving? It is the NDP-Liberal insiders, who have funnelled millions of dollars of cash into their pockets from SDTC. That is who. Families and business alike are struggling under the weight of skyrocketing costs and failing policies. The Prime Minister's sunny ways of 2015 have turned into a storm of economic disaster, and it is clear that the government is not worth the cost.

That is why Conservatives have a plan to restore hope and opportunity. We will axe the tax to lower costs for families. We will build the homes that Canadians desperately need. We will fix the budget to end inflationary spending and we will stop the crime that threatens our communities. Canadians are ready for a change, and it is time for an election to bring it home. Conservatives are ready to fix what is broken and restore a brighter future for all.

Fixing the budget is part of the solution to increase public trust right here in Canada. Fixing the budget means respecting the demand of Parliament and finally releasing the documents about Sustainable Development Technology Canada, the so-called green slush fund. By releasing the documents to the RCMP, it can address the criminal aspects of this matter, because crime is crime. It does not matter if it is committed in the House by the government or on the street. Crime makes Canadians less secure. While crime rates surge across Canada, it is alarming that the government continues to block transparency around public funds, funnelling taxpayer dollars into dubious projects like this green slush fund instead of addressing public safety.

The Conservative Party offers a clear, common-sense plan to address the twin crises of drugs and crime. Our approach is rooted in three pillars: accountability, recovery and prevention.

First and foremost, we must restore accountability in our justice system. A Conservative government will repeal Bill C-75 and bring back mandatory minimum sentences for violent crimes. These measures will ensure that dangerous offenders are kept off the streets and that justice is served. We will also implement a jail-not-bail policy for repeat violent offenders. Canadians deserve to know that individuals who pose a threat to public safety will remain behind bars while awaiting trial. Restoring such accountability is one step toward a brighter future that must not only stop the crime, but also address the NDP-Liberal government's disregard for fiscal responsibility, epitomized by the green slush fund scandal, which diverted resources from public safety.

We will also prioritize recovery over enabling addiction. The current government's safe supply program has been an unmitigated disaster, with up to 90% of prescribed drugs being diverted to the black market. The Conservative government will end this program and redirect funding to treatment and recovery initiatives. We will expand access to detox and rehabilitation programs, working with provinces to increase the number of treatment beds and support recovery-oriented systems of care. Programs like the Saskatoon drug treatment court, which offers alternatives to incarceration for non-violent offenders struggling with addiction, are good examples to follow.

Finally, we will invest in prevention. This includes supporting law enforcement efforts to dismantle organized crime networks and reduce the supply of illegal drugs. It also means educating young Canadians about the dangers of drug use and providing at-risk communities with the resources they need to thrive. How can Canadians feel secure when their government prioritizes schemes like the green slush fund over investments in policing and justice reform?

The crisis of drugs and crime demand immediate and decisive action. Canadians are tired of living in fear. They are tired of a government that prioritizes ideology over safety, that experiments with their lives rather than protecting them. They are tired of a government that gives their hard-earned tax dollars to Liberal friends and insiders and covers it all up by refusing to release the documents to the RCMP.

The Conservative Party is ready to lead. We will end the failed policies of the past decade and implement a common-sense approach to crime that prioritizes safety, accountability and recovery. We will bring back mandatory jail time for violent offenders, end taxpayer-funded drug dens and invest in treatment and prevention programs that actually work.

It is time to bring it home. It is time to restore safety to our streets, hope to our communities and dignity to every Canadian. I urge my colleagues in the House to join us on this mission. Together, we can build a safer, stronger Canada.

Criminal CodeGovernment Orders

September 20th, 2023 / 4:45 p.m.


See context

Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, it is always a pleasure to rise on behalf of the people from Kamloops—Thompson—Cariboo.

Before I begin, I want to recognize that my wife's nephew, Dustin Dempsey, passed away this week. Obviously, this is quite unfortunate. He was quite young. He leaves behind his father, Rio, who is my wife's brother, and his mother, Vivian. My condolences go out to the whole family. May perpetual light shine upon him.

I also want to send my condolences to a high school friend of mine and her family, Stacey Gagnon. Her father, Leslie Gagnon, or Les as he was commonly known, passed away recently. I offer my deepest condolences as well to her family. May perpetual light shine upon him.

I find it interesting that I am here talking about this. There is something that I would have likely spoken about with my students when I was teaching an advanced criminal law or sentencing class at Thompson Rivers University in the Faculty of Law. It is a course that has since been taken over by one of my mentors, Judge Greg Koturbash. He is teaching tomorrow, so this may come up.

I would have spoken about the notion of dialogue. That dialogue is between a ruling from the Supreme Court of Canada and Parliament. What we have often seen when it comes to criminal matters is that the courts speak and Parliament is supposed to respond. However, it feels as though often, with the Liberal government, the courts speak and Parliament does not respond.

One of the things that I noticed here is that Parliament has not responded when it comes to sexual offences. I put the minister on the spot and I anticipate he is going to ask me a question, and I invite him to ask a question.

Mr. Speaker, I am going to look directly at him. I asked the minister, in a question, whether he supports restricting the use of conditional sentence orders, that is house arrest or jail in the community, particularly for people who offend against children. Yes or no? I really hope he addresses that question when we have time for questions and answers.

There is something that struck me and stuck out to me. This is the first provision. It is speaking about changing one of the provisions, somehow it got missed, section 153.1(1)(a) from five years to 10 years. I believe that is the sexual exploitation of a person with a disability. It says a person will be liable, on indictment, to 10 years.

Here is what is interesting about that, and it really frustrates me. It is not that we are raising it; it is that we are not raising it high enough. I tabled Bill C-299. I was heckled by the Liberals when I did it, but this is the thrust of Bill C-299. I am going to go through it one more time because I think it is extremely important and it is germane to this discussion when we talk about protecting children, which the Minister of Justice has said is a primary aim of this bill.

We have various offences in the Criminal Code that will end with a potential life imprisonment, as in life is the maximum sentence, and the one I always go to is robbery. Robbery is the deliberate taking of property without consent. Theft plus violence is robbery. It is the most basic thing.

What is sexual assault? What is a sexual offence? A sexual offence is a sexual element, violence and a lack of consent. What is the maximum term here? It is 10 years. The maximum term for sexual assault against an adult is 10 years. The maximum for most sexual offences against children is 14 years, yet we are falling into that same trap here.

We actually are valuing and saying that the taking of property without consent is more serious than taking somebody's sexual dignity without consent. It is only 10 years. That is what someone's dignity, inviolability and consent is worth: 10 years. It is incumbent on this chamber, and I will say to every single person here, that Parliament address this.

I would ask every single person here: Do members prefer to be robbed or prefer to be sexually assaulted? I can tell everyone right now, a hundred times out of a hundred, most people here would say, “I would take the robbery.” Why? It is because there is something about our bodily dignity. There is something about our bodily integrity.

There are victims, like the people with My Voice, My Choice, who spoke so eloquently to me in the past, who I found to be so compelling in their presentation. People in that position are often serving a psychological life sentence. When I ask the Minister of Justice whether he supports house arrest when these people are in a psychological jail themselves, there is a reason for it.

We, as legislators, have not kept up with the research that tells us the pernicious effects, and sometimes the insidious effects, of sexual violence against children. Yes, a registry is one step, but punishment itself is a primary step. I do put it to the Minister of Justice and hope he asks a question. It will just be a simple “yes” or “no”. Does he support the elimination of conditional sentence orders for sexual offences, particularly sexual offences against children?

My message here is not just for all of us here. We talked about a dialogue. Mr. Iacobucci talked about that in one of his decisions from many years ago. This is a dialogue I wish to have with judges, Crown prosecutors, of whom I was one, defence lawyers, and most importantly, victims: that those of us who are in this chamber will stand up for victims every single chance we get.

I have said it before and I will say it again. If we, as Conservatives, if I, myself, as the member for Kamloops—Thompson—Cariboo, am ever given an opportunity to legislate in this area, I will not take my foot off the gas pedal until the views of every victim in this country are represented and the gravity of offences, particularly offences of a sexual nature against children, are adequately reflected in the punishment received by those who would take the innocence of a child.

I do have some experience with the publication ban end of things. It is something my colleague from Esquimalt—Saanich—Sooke asked my colleague from Kildonan—St. Paul after her excellent presentation. I can remember, and it is one of the first times I can ever remember this happening, where a victim set aside her publication ban. We did have a number of people from My Voice, My Choice come forward and say, “I have been a victim. Please leave it to me whether or not I get to speak.” That will debated at committee. My hope is a representative from that group will be permitted to attend.

This legislation also imparts a new application for a victim that they can put an application forward and that the court must hold a hearing to determine whether the order is revoked, and will include the victim's wishes. Far too often we do not incorporate the victims. They are an afterthought.

Sentencing is so often an offender-centred approach, and I understand why. They are the person. However, when we ultimately look at who is impacted, it is not just the offender who is impacted, particularly when we are talking about sexual offences. One of the primary offences, for instance, is section 163.1 listed here as “child pornography”. It is my hope that term will never be used again in this legislation.

Bill C-291, which I drafted and my colleague from the Okanagan put forward, is currently at third reading in the Senate. It would change the name of “child pornography“ to “child sexual abuse and exploitation material” to reflect the actual harm done.

I see I am running of time. I hope the Minister of Justice rises right now in questions and comments to indicate whether he does favour eliminating house arrest for those who would steal the innocence of children when those children are themselves abused.

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Thank you, Mr. Brock, for your question. That's very true. We have to realize that children themselves who are victims of sexual abuse are often placed in a psychological prison for life. Our penalties, in my view, should reflect the fact that children are not only harmed; they are being continually harmed.

In this type of offence, for the possession of child sexual abuse and exploitation material, they are victimized each and every time somebody downloads it, somebody watches it, somebody accesses it or somebody distributes it. We cannot overlook this. The abuse itself happens once, but it is perpetuated each and every time somebody accesses those things. The mandatory minimums passed by the Harper government were struck down, and at this point I am trying to express to the minister the disappointment with the Liberal government that it hasn't acted.

Right now, if you sexually assault an adult, the penalty is 10 years for taking their sexual dignity, inviolability and consent by force. Sexual interference—that is, a sexual offence against a child who is incapable of consent by law—has a maximum sentence of 14 years. Robbery, which is the taking of property from somebody by force, has a maximum sentence of life imprisonment. We treat the taking of property more seriously than we do the taking of somebody's dignity and consent. If you were to ask people, “Would you rather be the victim of a robbery or the victim of a sexual assault?”, I can tell you that 99%, maybe 100%, would say, “I will take the robbery any day.”

It is time we start addressing the issue of sexual offences, particularly sexual offences against children, with the seriousness it deserves. This bill is the first step that I will undertake. I have another private member's bill on this, Bill C-299. I thank Mr. Arnold for running with this with such vigour. I appreciate all he has done with that.

Thank you.

Criminal CodePrivate Members' Business

November 17th, 2022 / 6:05 p.m.


See context

Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Madam Speaker, it is an honour to stand on behalf of the people of Kamloops—Thompson—Cariboo.

Standing here, for me, is a bit of a dream. As my colleague for North Okanagan—Shuswap mentioned, this is a bill that I drafted. As I stood behind him when he was speaking, I was moved because two years ago, I never would have imagined that I would be sitting behind him in the House of Commons or standing up on this point, which deals with an issue so close to my heart.

Making this a reality is key. When I stood on people's doorsteps, I would tell them that this is something I wanted to change when I got to Parliament, and I am indebted to my colleague for North Okanagan—Shuswap for using his spot in the priority to work together to get this bill passed.

Before I get any further on this point, I would like to say that, in my maiden speech, this issue came up. I implored everybody in the House to change the definition of the term “child pornography” because it is not pornography. It is not consensually made material. To be speaking to this bill here today is one of the greatest honours of my career.

I would like to read from somebody who was a mentor to me on the bench and also in the classroom, the hon. Judge Gregory Koturbash. Like most good lawyers, he was educated at the University of Saskatchewan faculty of law, and I would like to read a decision of his. He wrote:

The phrase “child pornography” dilutes the true meaning of what these images and videos represent to some degree. The term “pornography” reinforces the perception that what is occurring is consensual and a mutual experience between the viewer and the actor. These are not actors. It is not consensual. These are images and videos of child sexual abuse.

Judge Koturbash continued:

The problem is so pervasive that police are required to triage and pursue only those with extensive collections or those involved in dissemination. One judge describes it as a virtual firehose spewing depraved and disturbing images across the internet. In addition to the ever-increasing supply, changes in technology make fighting its growth increasingly challenging.

I am standing before members today as a legislator, but I am not the Minister of Justice and I am not the Prime Minister. I do not want to put words in the mouth of my colleague from the NDP who spoke before me, but I understood him to say that this is a change in the wording and not necessarily a change in what is happening in combatting what is occurring.

Let us not make any mistake. What is occurring in this sort of material is the repeated victimization of children. I say “repeated” because the act itself happens, and the act is recorded. Every time that media is disseminated, viewed or passed on to somebody else, that child is revictimized, and we cannot lose sight of that. The children do not ask to be abused. However, not only are they abused, but that abuse is also perpetuated. It is my view that sentencing must get in line with the pernicious and insidious nature of this offence.

As my colleague from the NDP just alluded to, I also thank the police officers. Most people do not know what police go through. If there is a large downloaded data extraction for the police, often a police officer will have to go through nearly all of those images to ensure there is not a victim that was offended against by the person in possession of them.

We will have police officers at a constable level who go through, literally, 3,000 media files. They could be out on the streets. They could be investigating robberies. They could be investigating break and enters, but no, they are looking at media that will probably harm them psychologically maybe for the rest of their lives, maybe for a few months.

As a former prosecutor, I remember that some of the most scarring things were reading about what was in these files. I did not generally have to look at them. Those times as a prosecutor that I had to deal with these things even in the written word, I can say I viewed it as traumatizing, disgusting, vile material.

Make no mistake. I am not in a position to legislate unfettered on this point, but I will say this. If I ever am in the position where I can legislate with respect to sexual offences unfettered, I have a message. Those who carry out these offences should be worried. In a world where children do not even know that they may be being victimized, I will advocate for real penalties. In a country where people repeatedly trade images of children being abused, I will not take my foot off the gas pedal, nor will my Conservative colleagues do so, until anyone who trades in these images sees the inside of a jail cell.

Why? They are perpetuating the victimization of children again and again and again. We will not stop until that is exposed. I will look under every single rock I have to legislatively to put an end to this. I can speak for my own Conservative colleagues that we will do the same and I hope that every single person in the House does the same and is prepared to commit to the same.

Some people may disagree ideologically, but house arrest, where a person can enjoy the comforts of their life, is not an appropriate sentence legislatively for people who produce these materials, who access these materials and who distribute these materials. I call for us to end conditional sentence orders for possession, distribution and production of child sexual abuse material.

One of our greatest failings as a society is to allow our children to be victimized in this way.

This is not a partisan issue, but I can say this much. When I would attend conferences with people in British Columbia, there would be people in the same room, police officers, who, again, investigated this work, oftentimes to the detriment of their mental health, as well as prosecutors, subject matter experts and people who worked for non-profits. I will never forget when someone in the room said, “I am not going to use the term 'child pornography' anymore. Let us call it what it is: 'child sexual abuse material'.” That person stopped saying what they were saying because it is not pornography.

I encourage the House to not stop here. Let us deal with Internet luring. Let us deal with sexual interference. Let us deal with all of these cases. It is time for sentences to get stronger, just like I proposed in Bill C-299.

I know that my colleague from North Okanagan—Shuswap is passionate about this. I can speak for my colleagues on this side of the House. We are prepared to do whatever it takes.

Again, I thank my colleague for using his position in the order of precedence to bring this bill forward. I hope that it is the first of many to come in which we take seriously the protection of children.

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Thank you, Mr. Chair.

Thank you, Minister. It's always a pleasure to have you here before the committee.

I have to ask a bit of a selfish question, following up from the last time you were here. I asked about Bill C‑299, which would raise maximum sentences to life imprisonment for sexual offenders.

I'm wondering if you've had time to contemplate that and whether it's something you might be prepared to support.

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

The reason I used intoxication by alcohol is that, as I recall, that was Daviault. Those were the facts.

For me personally, this is an area of significant concern. That's why, two weeks ago, I put forward Bill C-299, which would raise the maximum sentences for all sexual offences—or not all, but almost all sexual offences—proceeding by indictment to life imprisonment to reflect this epidemic and to reflect the seriousness of this, to reflect that victims themselves are often put into a psychological life imprisonment when they are sexually assaulted.

Is that something you could see yourself supporting?

Criminal CodeRoutine Proceedings

October 4th, 2022 / 10:05 a.m.


See context

Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

moved for leave to introduce Bill C-299, An Act to amend the Criminal Code (life imprisonment).

Madam Speaker, it an honour to stand here on behalf of the people of Kamloops—Thompson—Cariboo—