Justice Committee on Feb. 18th, 2015

[Françoise Boivin, NDP, Gatineau, QC]

This government often seems to indulge in wishful thinking, but we have to wonder about the practical aspects, as I mentioned to the witness who was here just now.

Paragraph 11(a) of the High Risk Child Sex Offender Database Act states that the Governor in Council may establish “the criteria for determining whether a person who is found guilty of a sexual offence against a child poses a high risk of committing a crime of a sexual nature”. And paragraph 11(b) states that it may make regulations “prescribing anything that, by this Act, is to be prescribed.”

There is a lot of uncertainty in Bill C-26. The minister himself admitted that, after almost 10 years of tougher legislation on sexual offences against children, there has been an increase in the rate of those crimes.

All that remains to be pinned down properly. No studies have been done. Most experts who have appeared before the committee told us that there are not a lot of Canadian studies on the issue and that they often had to refer to American studies, where the systems are not necessarily the same.

My colleagues seemed to accept the idea that an annual report be prepared, while still increasing the number of years before being required to do so, which I think is entirely appropriate in this context.

I have asked that Bill C-26 be amended as follows:

The Minister of Justice must, within one year after the coming into force of this Act and every year after that, prepare a report specifying the number of persons whose name has been added to the database and the information specified in paragraphs 5f) and g)...

That might allow us to have statistics on the types of offences committed and to identify them. I was not able to ask for the criteria because they have not been drafted yet.

My amendment also asks that the Minister of Justice submit the report to Parliament. I think that is prudent given that the circumstances are even greyer than Fifty Shades of Grey. At any rate, it would be worth having those statistics.

[The Chair, Conservative, Mike Wallace]

Thank you for that analogy.

Mr. Dechert.

[Bob Dechert, Conservative, Mississauga—Erindale, ON]

Mr. Chair, again, I thank Madam Boivin for submitting the amendment. Regrettably, the government cannot support it. The reason is very simple: the information she's seeking is already going to be available. The amendment for an annual report is not required, given that the proposed new database would be public and searchable for review of the information on the offenders. In addition, the information can also be accessed under the access to information legislation. I think she'll find all the things she's asking for are currently available and would be available under the publicly accessible database. In addition, the amendment is technically incorrect in that it misidentifies the Minister of Justice to undertake the proposed report, which would correctly be the jurisdiction of the Minister of Public Safety.

For those reasons, Mr. Chair, we will not be supporting this amendment.

[The Chair, Conservative, Mike Wallace]

Thank you very much.

Ms. Boivin.

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Oliver, just out of curiosity, could you tell me how many of the cases you handle each year fall into this category of people whose identity you make public?

[A/Commr Joe Oliver]

We're trying to establish those figures in consultation with the provincial partners, but we anticipate that it would be in the order of dozens.

[Françoise Boivin, NDP, Gatineau, QC]

Per annum.

[A/Commr Joe Oliver]

It's not a very high number of those that are disclosed as a result of a public disclosure notification.

[Françoise Boivin, NDP, Gatineau, QC]

The database of Bill C-26 is to cover about 12 people. Is that what you're saying to me today?

[A/Commr Joe Oliver]

It could be two dozen, three dozen, potentially.

[Françoise Boivin, NDP, Gatineau, QC]

Okay, that's interesting.

[A/Commr Joe Oliver]

They would be considered the most serious high-risk individuals on our streets, the worst of the worst, so to speak.

[Françoise Boivin, NDP, Gatineau, QC]

That's what you're expecting from that?

[A/Commr Joe Oliver]

That's correct.

[The Chair, Conservative, Mike Wallace]

All right, is there anything further on amendment NDP-2?

[Françoise Boivin, NDP, Gatineau, QC]

So the name of the minister is right—that's what happens when the government gives us practically no time to write our things. Put the Minister of Public Safety.

[The Chair, Conservative, Mike Wallace]

Okay, I'm ruling that we can change it—

[Françoise Boivin, NDP, Gatineau, QC]

Perfect. Thank you.

[The Chair, Conservative, Mike Wallace]

—regardless of whatever is procedurally right or not.

Is there any further discussion on NDP-2?

(Amendment negatived)

We will now move to clause 29 as amended, because G-2 did pass.

Madam Boivin.

[Françoise Boivin, NDP, Gatineau, QC]

I have one question for Madam Morency.

In continuation with our S-2, there's the provision in clause 29 at the end:

11. The Governor in Council may make regulations

(b) prescribing anything that, by this Act, is to be prescribed.

I was wondering whether, under this bill, Bill S-2 could also be enforced through a delegation by reference.

[Carole Morency, Director General and Senior General Counsel, Criminal Law Policy Section, Department of Justice]

It's a good question.

I can undertake to provide an answer to the clerk, but I don't have an answer for you.

[Françoise Boivin, NDP, Gatineau, QC]

I would like to have an official answer to that question. That would be nice.

[The Chair, Conservative, Mike Wallace]

Thank you for that.

(Clause 29 as amended agreed to)

We have no amendments on clauses 30 to 34.

(Clauses 30 to 34 inclusive agreed to)

Shall the short title carry?

[Some hon. members]

Agreed.

[The Chair, Conservative, Mike Wallace]

Shall the title carry?