Thank you.
I understand the intent of Bill S‑224, but I found it a bit incomplete in its proposed form. We suggest some amendments, which you have received, and we would be prepared to vote in favour of Bill S‑224 if they were adopted.
First of all, our amendments pertain to the proposed paragraph 279.04(1)(b), which says “any other similar act”. That seems somewhat broad to me. So we want to limit the scope by saying that it has to be an act that takes advantage of the person's vulnerability. Thus, it should be established not only that the person who is accused of exploiting someone has committed an act similar to those mentioned, but also that he or she has taken advantage of the person's vulnerability.
The bill also proposes to repeal subsection 279.04(2) of the Criminal Code, which we thought was a bit bold, since it would eliminate, from the burden of proof, the need to show that the victim was, in a way, harmed by the act. We are proposing to add a criterion that says the victim fears for their safety. It is still different from the provision currently in the Criminal Code, but it would ensure that the Crown has a minimum of evidence against the accused. Our first criterion is that the victim fears for his or her safety.
The second criterion we propose regarding paragraph (b) is that the victim cannot give informed consent given their age or any aspect of their personal situation, including their financial or psychological situation. The victim is often a vulnerable person, either because they are too young, or because they are financially dependent on the person who is exploiting them, so to speak, or because they are simply under their psychological control.
We think those are important criteria. Before a person is convicted of a crime as serious as this one, it seems to us that the Crown should discharge a minimum burden of proof. We propose that you adopt this amendment as it is worded.
Thank you, Mr. Chair.