Evidence of meeting #32 for Justice and Human Rights in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was prostitution.
A video is available from Parliament.
Conservative
Peter MacKay Conservative Central Nova, NS
—but we want to make sure it's translated.
As you would know, by the end of July we also intend to table some of the polling information we obtained. We're following—
NDP
Françoise Boivin NDP Gatineau, QC
Can you do it faster than the end of July, since you've had it since February? We heard some rumours, and I hate to work at justice on rumours.
NDP
Françoise Boivin NDP Gatineau, QC
It would be very practical for this committee, before we do anything, to see exactly what your scientific survey was saying.
NDP
Françoise Boivin NDP Gatineau, QC
That being said, because you do foresee.... I mean, we would be pretty stupid not to think that one way or the other it's going back to the Supreme Court. Have you had time to reflect on the fact that maybe it would be better, at the end of the day, after all of the process, to send it to the court right now, which is within the power of the government to do, to make sure that we don't miss the point and have to redo it all over again? You know, life is short, and I hate to waste my time.
Conservative
Peter MacKay Conservative Central Nova, NS
Yes: I agree we shouldn't waste our time, which is why we've taken the time to look very carefully at the issue. We have the view of the Supreme Court of Canada in Bedford, so they have very much issued what I would view as an instructive view in striking down three of the Criminal Code sections.
NDP
Françoise Boivin NDP Gatineau, QC
But, you see, we're two lawyers, and obviously we're not necessarily seeing or reading the decision the same way. So that might be problematic. Instead of having us two lawyers discuss amongst ourselves and other lawyers, maybe it would be interesting to have the view of the court on the thing.
But you're talking about studies. What's wrong with you guys that you cannot send to this committee the studies on charter compliance that you had done? I know you're going to tell me that they're a matter of client privilege and so on, but I think these would help the committee see that the department did its job and did do the overview. I'd be interested in knowing what exactly was studied and how they analyzed the decision from the court, and did so in parallel with the actual BillC-36.
Conservative
Peter MacKay Conservative Central Nova, NS
Firstly, we're not going to send it back to the Supreme Court. That's not going to happen. We need to have an evidentiary examination of the legislation. That will happen. As sure as night follows day, there will be challenges when new bills are presented. We believe the likelihood that it will be challenged is very real, as you've said. You'll have an opportunity, a very real opportunity, to hear from experts directly from the Department of Justice, who can speak to the issue of charter compliance.
On the subject of releasing polling data, there is a normal routine six-month period that passes, and that will occur at the end of July. So the data will be released.
NDP
Conservative
Peter MacKay Conservative Central Nova, NS
Yes, that's right, and that's the way it's normally handled. In fact, you're right about—
NDP
Françoise Boivin NDP Gatineau, QC
In transparency matters it could be done faster. But anyway I'll go to my—
Conservative
NDP
Françoise Boivin NDP Gatineau, QC
And that's what, in a sense, is sad about this: we will be rushed by time on something that is so important to so many people on different things.
Conservative
NDP
Françoise Boivin NDP Gatineau, QC
Would it not have been simpler to declare prostitution illegal? That's what I smell and I feel from you, from what you're saying, by declaring people perverts and so on. You don't like prostitution, which is okay by me. There's no problem with that. But wouldn't it be clearer just to say, you know what, in Canada prostitution is illegal. You're permitting people to sell something that nobody can buy. I don't know, but in my head it makes no sense.
Conservative
Peter MacKay Conservative Central Nova, NS
Certain elements of prostitution will be illegal by virtue of this bill's passing into law. Certainly we recognize the vulnerability of individuals, particularly women and children, to being exploited. If we were not to react—
Conservative
Peter MacKay Conservative Central Nova, NS
—we believe that the exploitation would in fact become worse. We've taken the time not only to examine the Supreme Court's decision, but also to look at other models internationally as to how we could respond to what we think is a very exploitative practice in Canada. No one raises their children to be prostitutes. That's not something that people aspire to. We want to help individuals exit prostitution and, in fact, on the preventative side, give them different career options and choices. We believe this effort and time and resources will be well spent, and I think you would agree with that, Madam Boivin.
NDP
Conservative
The Chair Conservative Mike Wallace
That is an extra question you don't have time for, so there you go.