You're finished.
Evidence of meeting #46 for Justice and Human Rights in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was treatment.
A recording is available from Parliament.
Evidence of meeting #46 for Justice and Human Rights in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was treatment.
A recording is available from Parliament.
5 p.m.
Conservative
5 p.m.
Liberal
Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC
Thank you. I know how quickly that time passes.
I have one piece of clarification that I'd like to have addressed and then I'll move on to another question I have.
In terms of some of the sexual offences against children that already exist in the Criminal Code, do there already exist minimum mandatory penalties for any of those sexual offences when it involves children?
5 p.m.
Liberal
Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC
Thank you.
My question now goes to a related issue. When we're talking about criminal offences, in particular sexual criminal offences and sexual exploitation of our children using the Internet and all of these new technical devices--whether it's the social media, Facebook, etc.--would the other piece of legislation that the government has basically held on to for a number of years and only recently brought out, which would modernize the investigative techniques for law enforcement and allow law enforcement to access warrants and to access IPS through the Internet when they have reasonable grounds to believe that a criminal offence is being committed, would that also assist our law enforcement in dealing with and investigating sexual exploitation and sexual offences against our children through the use of the Internet?
5 p.m.
Director, Criminal Lawyers' Association
It would assist. The question would be if it would pass constitutional muster. Currently, law enforcement can access. If you look at file-exchanging software like LimeWire, or software that allows people to exchange peer-to-peer files, quite frequently the pattern that we're seeing is that law enforcement is able to get the IP address of the person sending the child pornography or inappropriate material, and is able to get to the subscriber information from the telecommunications company.
That's something they're already able to do, and it has been ruled mostly to be acceptable. The courts have ruled that. So these mechanisms are in place already.
5 p.m.
Liberal
Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC
Have you actually looked at the legislation the government has brought forth? It's two specific bills. When it was under the previous Liberal government, they brought it through as one piece of legislation. But unfortunately it was never dealt with in the House of Commons.
The Conservative government has brought through two pieces of legislation--they split the bill, actually--and I know we're fairly supportive of it. We've been calling for it to come forward because there are aspects of the current law that hinder law enforcement in terms of their investigation, notwithstanding this statement that you just made.
5:05 p.m.
Director, Criminal Lawyers' Association
I haven't looked at it in detail. But over the last number of years we've seen a number of these bills come through--you know, eliminate Bill C-25 and bills of that nature--that all have a common theme. It would have been interesting to see those bills brought as a package, because they do have an interplay with each other.
But I can't comment on that other bill. I haven't looked at it very specifically.
5:05 p.m.
Liberal
Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC
If I may, can I arrange for these two pieces of legislation I'm talking about to be sent to you--
5:05 p.m.
Liberal
Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC
--because I'd be interested in having your insight into that.
That was my second question, so if there is any time I offer it up to my colleague.
5:05 p.m.
Liberal
Derek Lee Liberal Scarborough—Rouge River, ON
Oh, great.
Mr. McWhinnie, do you have any comment on the mandatory minimum penalty now being imposed on the offence of indecent exposure?
5:05 p.m.
Andrew McWhinnie Consulting, As an Individual
I have no specific comment on it that would not be subsumed under my comments to date.
5:05 p.m.
Conservative
5:05 p.m.
Conservative
Brent Rathgeber Conservative Edmonton—St. Albert, AB
Thank you, Mr. Chair, and thank you to all the witnesses for your attendance here this afternoon.
Mr. McWhinnie, I'm troubled by a couple of things you had to say, most specifically this proposition that a victim is somehow in a better position when the perpetrator of a sexual assault of an incestuous nature is left in the home. I'm trying to explore that and understand why that might be. Is that because of the breadwinning potential of the perpetrator?
5:05 p.m.
Andrew McWhinnie Consulting, As an Individual
I don't think I'm advocating that in all cases of an incest offence the perpetrator should be left in the home.
5:05 p.m.
Conservative
Brent Rathgeber Conservative Edmonton—St. Albert, AB
But you said that it is one of your objections to the minimum mandatory sentences. You said very clearly that in some cases, although unpalatable, it's better to leave the perpetrator in the home.
5:05 p.m.
Andrew McWhinnie Consulting, As an Individual
I said in some cases. Exactly. That's what I said. In some cases, that would be a better option.
5:05 p.m.
Conservative
Brent Rathgeber Conservative Edmonton—St. Albert, AB
Well, explain to me what one of those cases might be.
5:05 p.m.
Andrew McWhinnie Consulting, As an Individual
Since we're into anecdotal evidence and not hard evidence today, let me take an anecdotal story of my own. In practice, I'm working with somebody who has committed incest. The entire family, including the extended family, has sat down with me around the kitchen table, wondering at first whether it would be wise to advance charges, given the fact that the person would probably be going to jail and that it would leave two children and a mother without any income whatsoever. They were deeply concerned about that.
5:05 p.m.
Conservative
Brent Rathgeber Conservative Edmonton—St. Albert, AB
Right, so it is because of the breadwinning potential of the perpetrator.
