Mr. Speaker, I want to begin by commending the member for Quebec as I know of her commitment to the issue. I am also very pleased to speak to Bill C-246, an act to amend the Criminal Code (sexual exploitation of children outside Canada).
The government continues to have concerns regarding the sexual exploitation of children and this bill gives us one more chance to express our repulsion at the kind of behaviour involved in the sexual exploitation of children. These are the same concerns that have already led the Minister of Justice to introduce Bill C-27, which addresses child sex tourism as well as child prostitution, criminal harassment and female genital mutilation.
I will not, however, be supporting the amendments contained in Bill C-246, as presented by the member, because either they are overly broad or they cover what has already been covered by Bill C-27.
Bill C-27 passed second reading on June 10. It has been referred to the justice and legal affairs committee. The committee will hear witnesses and deal with any proposals to amend the bill before reporting it back to the House on completion of its review.
Members will know that Bill C-27 extends the jurisdiction of Canadian courts to prosecute Canadians and permanent residents in this country who will have used the services of prostitutes under the age of 18 while abroad. This is a significant departure from what our criminal laws usually do in that acts committed outside Canada can be prosecuted.
There is more. Our law permits that sex tour operations acting in this country be prosecuted. I believe that these measures will assist considerably in deterring Canadians and permanent residents from engaging in activities thinking that they are shielded from criminal liability because of their belief, whether true or false, that this behaviour is tolerated abroad. Whether it is or is not tolerated abroad is irrelevant; it is not tolerated in this country.
The amendments contained in Bill C-27 concerning child sex tourism will meet the international commitments that the government has undertaken with a view to improving the situation of children throughout the world. For instance, at the ninth UN Congress on the Prevention of Crime and the Treatment of Offenders which took place in Cairo in 1995, member states were urged to adopt effective measures against practices harmful to women and children. Bill C-27 goes in that direction clearly.
Canada has ratified the United Nations Convention on the Rights of the Child and this bill will help to fulfil our commitments, as set out in the convention, to protect children from all forms of sexual exploitation and unlawful sexual practices. These concerns extend to the prostitution of children whether in or outside Canada.
On August 29, 1996 in Stockholm, Sweden, 125 states, including Canada, adopted the declaration and agenda for action prepared by the World Congress against commercial sexual exploitation of children. Canada pledged its best efforts to promote and achieve the goals of the World Congress, as reflected in the declaration and agenda for action. The extraterritorial amendment on child sex tourism proposed in Bill C-27 fulfils one of the most significant commitments of the declaration and agenda for action.
Bill C-27 also acts on the commitments made by the government in the February throne speech, namely the protection of the rights of children as a Canadian priority. This bill proposes further amendments to the Criminal Code to enable the criminal prosecution in Canada of Canadian citizens and permanent residents who travel abroad to engage in the sexual exploitation of children for money and other considerations.
The practice of child sex tourism can only be stopped by international commitment and collaboration. Bill C-27 recognizes this commitment and sends a very strong message internationally about Canada's intolerance of such practices.
With this amendment Canada will join 11 other countries-Sweden, Norway, Denmark, Finland, Iceland, Belgium, France, Germany, Australia, New Zealand and the United States-which have already enacted similar legislative measures.
As I have said, young people matter a great deal to us. It is important to send a strong message of social disapproval with respect to the abuse, exploitation and prostitution of children. Young people of all nations deserve our respect and need our protection.
Bill C-27 is important for all Canadians. It is in keeping with the ideals of Canadian society, a society which does not tolerate violence against children.
Bill C-246 deals essentially with child sex tourism. However, the bill presents some significant problems and the member made reference those problems. If the bill seeks to address the use of young prostitutes abroad, it does not do anything other than what Bill C-27 does. If it seeks to stop sex tourism operations in this country, let it be known that the law already prohibits these activities.
The Criminal Code in section 212 already addresses certain aspects of sex tourism. In addition, parties to the offence of using the services of young prostitutes abroad after the passage of Bill C-27, such as those who aid and abet, are also guilty of the crime of procuring. Therefore, I believe that the amendment proposed by Bill C-246 in this respect is not necessary.
The real problem with this private member's bill is that it overshoots the mark. For example, it would apply not only to Canadian citizens and permanent residents, as Bill C-27 would do, but it will also apply to any person who "is present in Canada after the commission of the act or omission".
In international law, the nationality principle which is the principle used to extend jurisdiction of our courts to offences committed abroad makes it possible for a country to extend its jurisdiction over offences committed by its nationals abroad. This principle can also be relied on to establish extraterritorial jurisdiction over permanent residents. But this principle would not allow us to extend jurisdiction over any person who happens to be present in or passing through the country, which is what Bill C-246 permits.
People who have no connection whatsoever with Canada could therefore be prosecuted for offences that have no link with Canada: the young prostitute is not Canadian and the customer is not Canadian and the offence is not committed in Canada. These cases are deserving of extradition, not of prosecution in this country.
It is essential then that Canada abide by the principles of international law when it seeks to exercise jurisdiction for offences committed abroad. We must also be practical. Do we want the provinces which are tasked with prostitution related offences to have to prosecute cab drivers in foreign cities that would have transported customers where they have no grounds to believe the prostitute would be under the age of 18? This is what this bill allows and I do not think it is the kind of statute the House wants to or should pass.
The House needs to fight sex tourism as proposed in Bill C-27, which has received second reading. I share the concerns of the member for Quebec. Fortunately the Minister of Justice has taken the steps noted to address the issue.
I cannot support Bill C-246 because I believe that the bill the Minister of Justice introduced to deal with the same issues, Bill C-27, represents the best approach to the serious problem of child sex tourism.