Mr. Speaker, it is my pleasure to address the House regarding Bill C-277, an act to amend the Criminal Code as it pertains to the genital mutilation of female persons, proposed by the hon. member for Québec.
The bill aims to make persons who perform female genital mutilation or who aid, abet, counsel or procure the performance by another person of female genital mutilation guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
I state from the outset my personal repulsion of this practice. It is without a doubt a practice which causes great harm. However, we must not allow our disgust with the practice to cloud our reasoning about the member's proposed bill as an effective means of addressing this problem.
As for the cultural practices in other lands it is out of our scope to dictate what should or should not be included in their criminal codes. Societies practising female genital mutilation will change their behaviour only on understanding that the intent behind their action can be achieved by other less harmful means.
Female genital mutilation is a practice which inflicts harm on an estimated 85 million to 115 million girls and women, with about two million girls being subjected to this ritual annually worldwide.
There is no doubt that the practice can prove very harmful to the health of a baby girl and eventually of the woman. There is an indisputable medical link between female genital mutilation and a myriad of short and long term health consequences. Some have already been mentioned such as severe haemorrhaging, shock, infections, infertility, urine retention, sexual dysfunction, difficulties with child birth and even death.
As I mentioned earlier, this well intentioned bill poses certain problems. The Minister of Justice indicated in March he was of the opinion that an amendment to the Criminal Code was not necessary at this time. The minister informed members of the House that there are those who are knowledgeably involved who believe amending the Criminal Code at this time could inadvertently drive the practice even further underground, and the government agrees. Instead the government prefers to engage in a comprehensive educational campaign which outlines the health risk of the procedure and the criminality of the practice.
All hon. members should be made aware the Criminal Code of Canada does have a provision which could cover those who practice female genital mutilation. Presently sections of the code which apply include assault causing bodily harm, section 267, unlawfully causing bodily harm, section 269, and aggravated assault, section 268, all of which are indictable offences with maximum sentences of between 10 and 14 years. Section 268 refers to the situation in which a person wounds, maims, disfigures or endangers the life of the complainant.
There are other sections of the Criminal Code which could be used to prosecute either the person performing the procedure or the parents for their part in arranging for it to be carried out. Also, a recent amendment to the code aims to address situations in which a Canadian resident is taken from the country with the purpose of committing an act against him or her which would ordinarily be an offence if committed in Canada. This section of the code provides for a maximum sentence of five years for an indictable offence.
Over and above existing Criminal Code provisions, the hon. member should know Ontario and Quebec have child protection laws which allow for a child to be taken into the custody of the province should reasonable suspicion exist that she may be subjected to female genital mutilation either in Canada or abroad. It is apparent that the Canadian Criminal Code already provides for the necessary measures to prosecute those persons perpetrating female genital mutilation.
Instead we must concentrate on educating the public but we must also educate the police, crown attorneys and the medical professions by informing them that female genital mutilation constitutes criminal behaviour and as such must be dealt with accordingly. We will work together and we must work together with the above stakeholders in order to ensure existing laws are enforced in this respect.
On the practice of female genital mutilation from a global perspective, I firmly believe we must not lose sight of the fact that denouncing the practice can make some of us feel better and self-righteous but certainly does not solve the problem worldwide.
The director general to the World Health Organization's global commission on women's health indicates that the purpose of the organization should not be to criticize and condemn; however, nor should we remain passive.
We know female genital mutilation is painful and can have dire health consequences. However, we must also take into account that human behaviours and cultural values, no matter how senseless or harmful they appear in light of our personal and cultural perspectives, do have a meaning for those who practice them.
The key is to convince people they can give up a certain practice without compromising the important ideals cherished by their cultures. Also instrumental is the need to impart on adherence of the practice the great health risk that can result from this diabolical practice.
Parents across the globe are similar in that ultimately they want what is in the best interests of their children. If they are presented with credible options, an alternative to female genital mutilation in a way that takes into account their own social, cultural and economic environments, we will then be able to find a global solution.
I thank the member for Quebec for bringing this crucial issue to the attention of the House.