Mr. Speaker, I am pleased to have this opportunity to speak on Bill C-206.
The purpose of this bill is to make hybrid offences the offences that are provided for in section 213 of the Criminal Code. These offences relate to prostitution, as the hon. member said.
At the moment, section 213 of the Criminal Code calls for an offence punishable on summary conviction. The sentence set out is either a maximum of $2,000 or maximum imprisonment of six months, or both.
The amendment proposed by the hon. member in Bill C-206 would have the effect of transforming this offence into a hybrid one.
When the legislation on section 213 was introduced in the House of Commons, the then minister of justice stated that the purpose behind the legislation was not an attempt to deal generally with all the legal issues connected with prostitution but a limited attempt to address the nuisance created by street soliciting.
The legislation sought to balance the concerns of law enforcement agencies, citizens groups, women's groups and civil libertarians. It made criminal the public activities most frequently engaged in for the purpose of offering or purchasing sexual services.
Since the street soliciting offence of section 213 is intended to assist in dealing with the social problems experienced by neighbourhoods affected by street prostitution, making this offence punishable by 10 years would seem disproportionate in light of the purpose of section 213, when similar offences such as causing disturbances in a public place are summary conviction offences.
Another possible purpose for making this offence a hybrid offence is to permit the fingerprinting and photographing of any person charged under section 213, this because the identification of criminal acts allows fingerprinting and photographing only in the case of offenders accused of committing an indictable offence pursuant to the federal Interpretation Act.
Some may feel fingerprinting and photographing may act as deterrents for prostitutes and their customers. However, experience has shown that this is not necessarily so.
There are already few repeat offenders among clients of prostitutes, even without fingerprinting and photos. For example, the statistics show that in Vancouver, for the period between 1986 and 1992, 2,045 men were charged with the offence covered by section 213 of the Criminal Code. Of that number, only 44, or 2%, were being charged with the same offence for a second time.
It seems that the mere fact of being arrested the first time is enough to discourage a repeat offence.
As for the prostitutes, most are photographed and fingerprinted, often early in their career, because they are often involved in more serious offences, such as drug-related crimes.
I am aware that a group of federal, provincial and territorial officials has been working since 1992, as the hon. member mentioned, to review legislation, policy and practices concerning prostitution related activities and to bring forward recommendations in relation to street prostitution and the involvement of youth in prostitution.
At the request of ministers responsible for justice issues, the working group consulted broadly with key stakeholders. Participants in the consultations included representatives of citizens groups, justice workers, current and former prostitutes, municipal and provincial officials, community service providers, educators, clergy, aboriginal groups, child welfare and health workers, and women advocacy groups. There was a very wide consultation.
An interim report of the consultation was issued by the working group in October 1995. The final report is scheduled for release sometime next month.
I will be interested, as I am sure all members of this House will be interested, in studying the report. I am sure the Minister of Justice and her provincial and territorial colleagues will also study the recommendations with great interest.
I would like to add that, unlike the Reform Party, we do not make changes to the Criminal Code based on the sensational news story of the day or the exceptions to the rule, but with a balanced, collaborative and consultative process. Then we act.
Let me assure the hon. member that we will be acting on the recommendations of the working group.