Thank you, Mr. Chair.
I thank my friend for the amendment. We do not support it, for a number of reasons.
The motion proposes a substantive amendment that would effectively eliminate the need to seek a record suspension through the Criminal Records Act. It would grant an amnesty to individuals who sell their own sexual services, if convicted under subsection 213(1)—that is, I point out, as amended today—of offences both before and after the coming into force of Bill C-36.
There is no time limit on this proposed amnesty; therefore, the provision is not transitional in nature.
Persons convicted under subsection 213(1) may apply for a record suspension under the existing rules under the Criminal Records Act, pursuant to the criteria outlined in that statute; namely, that five years have elapsed since the expiration of the sentence and that the Parole Board—and this is very important—is satisfied that the applicant is of good conduct and that the conviction should no longer reflect adversely on the applicant's character.
In our view, Mr. Chair, this provision would significantly reduce the deterrent effect of the provision itself. It is, in our view, unprecedented in the sense that it retroactively suspends criminal records in all cases, without any due consideration. We point out that there is a process that is built on appropriate principles with respect to the behaviour of convicted persons.
I am informed by my colleague, who is very well versed in these things, that this would also require an amendment to the Summary Convictions Act, which we don't see here. Therefore, it is fundamentally flawed in that regard.
For all those reasons, we will not be supporting this amendment.