Mr. Speaker, I am please to rise to speak to Bill C-209, an act to amend the criminal code, prohibited sexual acts, introduced by the hon. member for Calgary Northeast. The Minister of Justice cannot support Bill C-209 at this time for three very compelling reasons.
First, on November 29, 1999, the Department of Justice released a consultation document entitled “Child Victims in the Criminal Justice System”. The document examines possible changes to the criminal code and the Canada Evidence Act to improve protection for children from extreme harm by adults. The paper examines some of the most pressing issues and sets out options for change.
More specifically, areas being considered include the creation of further specific offences that may be committed against children, sentencing to protect children from those who might reoffend, and facilitating of children's testimony.
The release of the document is actually another step toward a broader and needed public consultation with all Canadians. The justice department is concerned with the breadth of possible implications of any change to the criminal code on young persons. It considers legislation of this nature to be premature. By undertaking very full consultations the department is taking these concerns to all Canadians interested in the welfare of young children. This process already began through early consultations with provincial and territorial officials.
Recently the department convened a conference on working together to protect children in late September of this year, a two day conference which I attended. The conference brought together provincial and territorial stakeholders, as well as professionals, non-governmental organizations and others working with children, in order to examine the issues of prevention and protection of children from harm.
At the conference the minister announced the release of the consultation paper, “Child Victims in the Criminal Justice System”. Responses are being sought from all Canadians concerned with the welfare of children. The paper also seeks the opinions of government officials, interested organizations, individuals and professionals dealing with children. Extra copies are available upon request at the Department of Justice Canadian Internet site or by calling the Department of Justice. Interested Canadians may also obtain a copy by writing to child victim consultation, family, children and youth section, Department of Justice, Ottawa.
Canadians who take an interest in the well-being of children are encouraged to take part in the consultation. The Department of Justice is also asking public servants, stakeholders, private individuals and professionals working with children to participate.
A copy of the consultation paper can be obtained by visiting the Internet site of the Department of Justice, or by writing to the Minister of Justice.
Bill C-209 proposes to amend several sections of the criminal code where the general minimum age of consent is part of the definition of sexual offences involving a child victim. The current age of consent to most forms of sexual activity is 14. There is an exception for consensual sexual activity between young people close in age and under 16.
Bill C-209 proposes to increase the general age of consent to sexual activity from 14 to 16. The age of the complainant in the existing exception would also be raised to 16. The proposed bill would also substitute under 16 for under 14 in connection with the powers of the court to make prohibition orders against offenders who are convicted, or who are discharged on conditions in a probation order, of certain sexual offences against a person under 14.
Bill C-209 raises valid concerns about the current protection provided to young people. For example, it has been argued that the present general age of consent, which is 14, is too low to provide effective protection from sexual exploitation by adults. The relatively low age may allow pimps, for example, to seduce young girls with the intention of luring them into prostitution without fear of prosecution. However the hon. member for Calgary Northeast seems to think that all that is involved in addressing the complex issue of age of consent is simply to change the age. That is not the case.
Protecting our children goes beyond a simple and arbitrary increase of the age of consent to sexual activity. It means addressing the broader issue of the safety and well-being of our children. Our objective is to develop and maintain effective comprehensive measures to protect children from serious injury and death at the hands of adults. The achievement of this objective rests with an essential collaborative effort of the provinces, the territories and the Government of Canada.
While the provision of services to children who are in need of protection is the responsibility of the provinces and territories, the assurance that appropriate offences and penalties are available for serious harm done to children is the responsibility of the Government of Canada. By targeting extreme forms of harm through the criminal code, the Government of Canada would provide strong support for provincial and territorial initiatives to protect children.
Second, the bill does not address the criminal code consequences of raising the general age at which sexual activity with young people would be criminalized. Bill C-209 proposes an amendment that is inconsistent with other relevant sections of the criminal code. For example, even though the complainant's age would be raised to 16 there is no consequential change to the age of the accused in the exception that prevents criminalizing consensual sexual activity between young people close in age and under 16.
The result is that a teenager over 16 who has consensual sex with a person under 16 but who is close in age would be engaging in criminal conduct. At the same time a younger teenager would be able to consent to sexual activity with a person close in age. This outcome would appear to be not only discriminatory but also contrary to common sense. Consequently Bill C-209 would not address the issue but rather would create confusion.
Third, the bill does not address the broader implications that arise from an amendment to the general age of consent. Since legislative changes do not take place in a vacuum, we must be aware that a change in the age of consent may have an impact on other legislation. For example, such changes may impact on the age 14 for providing assistance to child witnesses and for competency to testify in the criminal code and the Canada Evidence Act.
The question is whether an amendment to the age of consent to sexual activity would require amendments to other age related provisions of the criminal code. Furthermore, any arbitrary changes in the criminal code would be inconsistent with the government's commitment to consult with the provinces and territories before introducing amendments intended to support their efforts to protect children from abuse, neglect and exploitation.
In fact the justice minister is meeting with her provincial and territorial counterparts today and tomorrow on federal-provincial-territorial issues.
In conclusion, the need to review the issue of age of consent is a real concern. Children deserve to live in a safe society and to be protected from any forms of serious harm caused by adults.
To be effective, everyone in the community and every level of government must work together because we all have an important role to play. We believe all Canadians should be given an opportunity to express their views on this issue. We also believe that the age of consent should be dealt within the broader context of other age related issues in the criminal code.
That is why the Department of Justice issued its consultation paper and looks forward to learning from Canadians on this topic with sound and reasoned action to follow.