Madam Speaker, after that rousing speech and retort I will try to carry on.
Along with most Canadians I was shocked and outraged when we heard that a B.C. supreme court judge had struck down the section in the Criminal Code that prohibited possession of child pornography. The judge in his decision stated that Robin Sharpe's freedom of expression was violated by the Criminal Code which prohibits possession of child pornography.
It is not at all surprising that such an offensive attack on the values of society comes from the benches of the unelected and the unaccountable. Judicial activism, a recently coined term, refers to rulings by judges which go well beyond the intent of the law. These decision substantively change the law to the point where judges have taken on the role of legislators or law makers as opposed to simply interpreting and applying the law.
The courts have turned free some of the worst criminals in society, from drunk drivers to child pornographers. These judges who are acting without an electoral mandate are singlehandedly changing the laws in this country.
We as elected members of parliament make the laws that govern this nation right here in the House of Commons. So why are we allowing these laws to be arbitrarily changed on the strength of a decision made by a few unelected, unaccountable officials? How many more shocking decisions are Canadians going to have to endure before this activism is stopped?
The first section of the charter guarantees the rights and freedoms set out in it are subject only to reasonable limits described by law as can be demonstrably justified in a free and democratic society.
What was so democratic about striking down a portion of section 163? In interpreting this section, a judge is to apply a test of proportionality, balancing the interests of society with that of the individual. I must say I cannot imagine that any legislative assembly in this land would agree with this decision, a decision that puts the rights of the pedophile before the rights of his victims, the children of our society.
Much has been discussed today but I want to spend just a few moments discussing pornography and the effects it can have on the user in society.
Sex is everywhere. We read about it every morning in the papers. We hear about it all day long on the radio and watch it on the national news each night. No one in society can escape it. This fascination has fuelled a huge increase in the growth of pornography.
Here are a few stats. The adult industry is worth over $10 billion a year. In 1996 the amount of hardcore video rentals numbered 665 million. Each week 150 new pornography videos are produced in the United States. Hotel guests spent $175 million in 1996 to get pornography in their rooms. Between 9 p.m. and 1 a.m. each night over 250,000 people dial phone sex numbers. In the United States the number of stores distributing hardcore pornography have even outnumbered McDonald's restaurants. McDonald's was the former king of capitalism.
Although these figures are for the U.S., it does not lessen their impact. Nowhere has this growth been so prevalent as on the Internet. By some estimates, some 17 million web pages are dedicated to pornography. Detective Noreen Waters of the Vancouver police, an expert on child pornography, testified in the B.C. case that with the advent of the Internet there has been a veritable explosion of the availability of child pornography.
Dr. Michael Mehta, a professor from Queen's University, has studied the Internet extensively and estimates that up to 20% of the activity on the web has to do with child pornography. This number is even great when one considers all the other obscene material, material that is illegal under Canadian law but yet is available on the net.
However, there are some that would say that an individual has every right to view whatever he wants in the privacy of his home. This may be true but there have to be limits.
Before I clarify that, I want to explain the harmful effects that pornography can have on its users. First of all, it is important to understand that pornography is addictive and, as with all addictions, more and more exposure is needed to satisfy the cravings. These sexual addictions do not happen overnight. They take time to develop. There is a gradual progression from the soft porn pages of Playboy to the hardcore images on videos. However, just as not everyone who tries a cigarette becomes addicted, not everyone who uses pornography will become addicted.
However, once an individual develops an addiction, almost nothing can come between them and their cravings. In this case the judge heard from expert witnesses who testified that pedophiles often go to great lengths to get their hands on explicit pornography and use it in ways that put children at risk.
Can this government not see that each day a pornography addict is allowed to possess this disgusting and obscene material that it is aiding and abetting his addiction? Each day their addiction is strengthened, each day they need more to satisfy their perversions and each day they are closer, if they are not already, to abusing children.
When pornography users become pornography addicts everyone around them suffers. Their family suffers, their colleagues suffer, society suffers and everyone becomes a victim.
In spite of these effects, pornography is legal. In a decision of the supreme court R. v Butler, Mr. Justice Sopinka acknowledged that pornography was a legitimate freedom of expression but it did allow reasonable limits to be imposed. These reasonable limits do not try to legislate morality but rather they try to protect society from the harmful effects of pornography.
When parliament declared that child pornography was illegal it realized that the rights of innocent children, the most vulnerable members of society, were more important than the rights of child molesters.
If this ruling is allowed to stand we may as well declare open season on all our children; not even infants will be safe. The sexual deviants who prey on young children have no limits. According to investigators it is not uncommon to find images depicting children in sexual acts. Police have even investigated cases where babies were violated.
The Internet has spawned a huge underground network where pedophiles exchange pictures and information on hunting down children and making child pornography. This material is used by pedophiles to groom their victims, to lure their victims into thinking that abuse is normal and that they should enjoy it.
What happens to the children who are victimized in pornography? As an example, consider that 85% of teen prostitutes were abused as children. We cannot waste any more time in correcting this wrong. One child pornographer has already been set free. How many more perverts are sitting in their houses surrounded by their dirty pictures ready to abuse another child?
Appealing this decision could take months, if not years, and then we have no guarantee that the judge will respect the wishes of the Canadian people.
When the charter was drafted a section was included that will allow any legislative assembly, including parliament, to enact the notwithstanding clause. This clause was not meant to be used often. But if it cannot even be used to outlaw child pornography, what can it be used for?
The family is being attacked on all sides in our society. The government discriminates against it through its tax system. Special interest groups mock it and now it is being violated by the courts.
This is tragic because the family, without question, is our most valuable institution and the heart of our social order. It is the place where children are brought into the world and cared for. It is where they learn trust, love and security as well as the values and behaviour that will make them good citizens and in turn good parents themselves.
Many of us in this House are parents and grandparents. We know how precious our children are to us. We know that if our children are being abused by these pornographers we would demand action immediately. We would not waste any time in doing what we could to protect our children. We would act now.
The Reform Party recognizes the importance of children and families in our society which is why we have introduced this motion today. However, our good intentions are not enough. We need the support of the government benches to pass this motion.
I know there are many Liberals who have signed a petition asking for exactly the same thing we are asking for, a petition to the Prime Minister, a petition to take immediate action. I want these members, these parents and these grandparents to stand together with the members on this side and do the right thing.
This is not about partisan politics. This is about the well-being of our children. Why can we not band together today, put aside partisan politics and do the right thing? Let us do it for our kids.