Mr. Speaker, the purpose of this motion is to remove two procedural requirements to prosecution in Canada of cases of sexual abuse committed by Canadians abroad. Bill C-27 proposes to allow for the prosecution in Canada of Canadians who obtain the sexual services of a child for consideration, what is often referred to as child sex tourism.
However, following testimony before the justice and legal affairs committee, the committee amended the bill in order to allow as well for the prosecution in Canada of Canadians who sexually abuse children while abroad. This new amendment requires two preconditions to the prosecution in Canada of a Canadian who sexually abuses a child while outside of Canada which do not exist in the case of child sex tourism offences.
First, a request has to be made by the foreign state where the offence is alleged to have been committed. Second, the consent of the responsible provincial attorney general has to be obtained. Both preconditions are essential to the exercise of Canada's extraterritorial jurisdiction. The motion proposes to remove these two procedural requirements.
The justice and legal affairs committee heard from witnesses as to the importance of these procedural prerequisites. They are necessary for two reasons. The first reason is that prosecuting in Canada for offences committed abroad is contrary to the principle that a country has jurisdiction for offences committed on its territory. An exception to this principle is accepted when it is so required by an international convention or permitted by customary international law or international consensus, as is the case for sex tourism.
The emerging consensus to allow states to prosecute their nationals involved in child sex tourism is evidenced by the drafting of an optional protocol, in which Canada is playing an active role, to the United Nations Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. But it is not the case for child sexual abuse.
The optional protocol addresses only two sexual offences relating to children, child prostitution and child pornography. At this time it does not deal with other sexual offences against children. The declaration and agenda for action recently was adopted at the world congress against the commercial exploitation of children which was hosted by the Swedish government in August 1996. It also dealt with only child prostitution and child pornography. The lack of international consensus with respect to the country's extraterritorial jurisdiction over sexual abuse of children committed in a foreign country underscores the importance of having procedural requirements in order to comply with proper jurisdictional principles.
The second reason for keeping the additional procedural requirements can be explained in terms of sovereignty and practicality. The request from the foreign state indicates an interest from that state in the prosecution of the offence and assures Canada that the foreign state will co-operate in facilitating the Canadian prosecution of the offence. Without a request from the foreign state and the underlying assumption of co-operation Canada would have no basis to send law enforcement officials into the foreign state to interview witnesses and collect evidence. The co-operation from the foreign state is necessary to gather evidence required for the prosecution.
In conclusion, it is my belief that these procedural requirements are essential in order to make the committee's amendment work effectively. For these reasons I do not support the motion.