All right.
I've given the clerk for translation two documents supporting the idea, including the CIRCAMP paper. I also included for your study, which you will receive at some point if you choose, a paper written by INHOPE, which is a European body similar to Cybertip in Canada. I encourage you to look at the first three pages of that report, which deal with the naming, description, and definition of child sex abuse materials.
In Canada, the federal ombudsman just a year ago released a report called Every Image, Every Child, which I hope you will take advantage of, because it is Canadian and it's current. In that 50-page report, the number one recommendation was to change the terminology in the Criminal Code from “child pornography”. Unfortunately, Bill C-54 neglects the issue. And there's no doubt in my mind that this bill actually is probably a bill that really should deal with that particular one, because it does deal with some of the other things from section 163.1 of the Criminal Code.
I now want to address what we consider another problem with Bill C-54, in that it fails to address at all the most grievous of crimes under section 163.1, and that is the making of child pornography. The minimum sentence now in section 163.1 and the subsections for making child pornography, which are in force, are a mere one year on an indictable offence and an appalling 90 days for raping, abusing a child, making pornography, or making sex abuse images if it's a summary conviction.
Recently this committee, the House, and the Senate recognized the need to act with respect to the trafficking problem of under-age persons. As you know, Bill C-268 has passed, with a five-year mandatory sentence for those who traffic minors. I think if we can agree that trafficking of a minor is an outrageous crime that requires five years, then it's disturbing to me that we would think or allow the potential of a 90-day sentence for someone who sexually assaults, rapes, or abuses a child to produce these vile materials.
Failing to address the “making” section of 163.1 is a major injustice, I believe, to Canadians and certainly to the victims. It's known that when perpetrators are brought to justice, if justice is applied, it can often bring healing to the victims. Unfortunately, with the kind of sentence we currently have, and in fact I think even the ones suggested in Bill C-54, I don't think justice is being served well in Canada under those terms.
If we compare Canadian sentences to some other countries', it's not much wonder that the RCMP say that Canada has become a destination for pedophiles. In the United States those convicted of producing—producing—child pornography are given a mandatory sentence of 15 years, with a maximum of 30. For possession of child pornography, the minimum is five years, with a maximum of 20. Compare that to the 14-day minimum sentence in Canada for possession. I hope in your study of this bill you'll look at whether in fact judges in our country have ever imposed maximum sentences for child sex crimes under section 163.
My third point relates to the mandatory sentencing that is dealt with in Bill C-54 regarding the two subsections of 163.1 on possession and distribution. There are many examples that I could quote to you of unjust sentences in Canada, particularly when it comes to possession and distribution, where criminals have received as little as 14 days, sometimes slightly longer sentences, often to be served on weekends, or other meaningless conditions.
Some statistical research reports say that as much as 85% of people who possess and view pornography will at some point sexually assault a minor. Another report suggests it is 40%. If we use that lower figure of 40%, we still place an unacceptably large number of children at risk. While our current maximums are comparable to places like Australia and the U.K., our minimums remain shamefully weak.
While we appreciate the strengthening of the sentences in Bill C-54 and the addition of some of the new clauses, our major concern is that the mandatory minimum portions are still fairly weak. We don't believe that is going to provide appropriate safety for children.
Bill C-54 also doesn't really increase the minimum sentence for distribution. The current minimum is one year, and it will continue to be one year on the distribution issue.
Clearly, there must be changes made to Bill C-54 to accomplish meaningful protection and true justice for these defenceless children. We do, however, recognize that this is a great start, and I want to commend the government for bringing this forward. I believe this is the first amendment in a number of years to this section of the Criminal Code. I believe the Criminal Code is far behind the technology.
I'd like to close by saying that our first recommendation is to consider better terminology in the Criminal Code--something rather than “child pornography”. We might suggest “child sex abuse materials”, as has been made and suggested in some other districts around the world.
The second recommendation is to legislate mandatory sentences. We would like to see a three-year mandatory sentence for accessing or possession, a five-year sentence for distribution, and seven to ten years for those criminals who make child sex materials. The making of this stuff is similar and analogous to the concept we use in first-degree murder. These are deliberate, planned, and executed acts against children. They don't happen by chance. What these people are doing is very deliberate.
We believe that incarceration is critical. I know there are people--possibly in this room--who don't agree with mandatory sentences. But in all the discussions I've had with people across Canada, no one has suggested any better method than incarceration for people who commit these crimes. We simply cannot protect children as long as these people are out wandering the streets in our communities.
It has become clear in our assessment of a whole number of Canadian cases that sentences are failing to protect children from sex criminals. So I appeal to you as the lawmakers to take the actions necessary to ensure that the removal of predators from society is for a period appropriate to the crime committed.
I would add, as a former social worker who did some work in some areas of addictions, etc., that a 90-day sentence is not long enough to do remedial training and help a child sex offender. You cannot treat that individual properly in 90 days.
I speak on behalf of the 84,500 Canadians who in the last four months have signed a petition that the House will be receiving within the next couple of weeks. All of those people are pleading with you as lawmakers to act decisively and expeditiously to correct the part of the Criminal Code that's outdated and inadequate, due to Internet technology and the crisis of escalating sex crimes against children in Canada and around the world.
We ask that you do this expeditiously, as I just heard in the House in question period some rumblings again about an election. I hope this bill can get back to the House and put through before an election, because I think our children are clearly more important--and important enough. I know you passed the pardon bill for the Homolka case within two days, so surely within two to five weeks something like this is capable of getting through the House. I ask that all parties work together on that.
Thank you for receiving our comments, the brief we presented, and the reference documents.