Mr. Speaker, I am very proud and honoured to speak in favour of this bill. I want to congratulate all the previous speakers, particularly my colleague for Charlesbourg who gave a very impassioned and very eloquent speech. He cares deeply for children. Recently having had two young sons, twins, he knows of what he speaks.
Bill C-7, formerly Bill C-69, will further protect the public upon the release from prison of a pardoned sex offender with the disclosure of what would be relevant information should the circumstances so dictate.
It goes without saying that children are the crown jewels of our country and our future. A number of young children have appeared here on the Hill. I am speaking of young people like Ashly MacLean of Hopewell. They have so much to offer, so much promise and need our protection in every possible way.
Bill C-7 is a step in that direction, a step toward protection of our most vulnerable citizens. It amends the Criminal Records Act and makes criminal records for pardoned sex offenders which would normally be sealed available for background checks from interested parties. It uncovers information that is of vital importance to those individuals and organizations who work to protect children. Information is certainly power in these instances.
We have all heard of the high profile cases involving the horrific crimes of the Bernardos and the John Robys and the public outcry for tougher legislation to protect children and protect society in general. Tolerance is at an all time low, I would suggest, for deviant sexual abuse of any kind but particularly that involving our children.
Sexual assault is often not an issue of sex; it is an issue of power and control, the dominance of an offender over an individual. This dominance, this sexual violence or perversion and the exploitation of children is perhaps the most cowardly and heinous act that one can imagine.
The need to disclose information and protect children, those who are most vulnerable, and expose to individuals information of a past record will allow the relevant and connected organizations to do everything in their power to prevent the contact which could lead to this type of abuse.
Sadly, recidivism occurs often with those who involve themselves in this type of activity. It goes without saying that the lasting effects are almost incalculable in both the long and short term. It is not the physical but the emotional and psychological scars that individuals carry throughout their life when they have been subjected to this kind of abuse.
The high rate of recidivism among sex offenders in particular is most troubling. The potential for unknowing parents, organizations or individuals for leaving their children in the care of a pardoned sex offender is addressed to a large degree by the bill.
Presently community organizations or police departments would be prohibited from accessing files that involve the names of pardoned sex offenders. Bill C-7, in vetting each request and striking a balance between those who have the right to know and those who have the right to be protected and the right to confidentiality, is certainly a bill that we can all embrace. Access to previously unavailable information on pardoned individuals in these circumstances is what we strive to achieve.
Last year all members of the Conservative Party supported this bill as did all members of the House.
The successful passage of the bill through parliament before the recess was again a strong signal of non-partisanship and the co-operative effort that can result in very positive change. Previous members have spoken to it, and it was certainly a feeling that prevailed at committee and in the House, given the level of support the bill has received.
By the end of 1999, Bill C-7 returned from the Senate with amendments. The Standing Senate Committee on Legal and Constitutional Affairs cited some obvious and very reasoned concerns. One of those was the lack of expressed reference to the intent of the bill to pertain to records of pardoned sex offenders. Therefore the word sexual was added to clause 6 of the bill in order to make it clear that only sexual offences would be flagged under this proposed system.
Definite rules are then put in place, listing the sexual offences that may be flagged and the making of notations with respect to the records of those convictions. Police must have the consent of the offender and the solicitor general for the release of offender's records to potential employers or inquirers if the offender is in fact applying for a job.
Schedule of offences and the important terms such as children and vulnerable persons were removed from the regulations and placed in the bill. This allows these offences to again be subject to parliamentary scrutiny as opposed to being left to the discretion of the governor in council.
The term handicap has also been deleted from the definition and replaced with vulnerable person. It goes without saying that the term handicap is no longer acceptable in today's society, and it is more than just semantics to ensure that this bill reflects a modern view.
The Senate's position set out some very useful and poignant amendments that put a greater emphasis on what the bill seeks to achieve. It ensures a clear, narrow and limited exception in the Criminal Records Act. The changes with respect to sections 7 and 8 of our constitution and charter to protect privacy are reflected in the changes proposed by the Senate that maintain the balance between rehabilitation and the objectives of the pardon system and the need itself to protect children and others who are vulnerable.
I would now quote from Senator Beaudoin, a very renowned constitutional expert and prominent Conservative senator, who spoke to the bill when it was in the other place:
In closing these remarks, I must state that, when the committee studies any matter relating to criminal records, as is the case with this bill, or some related subject such as DNA, we always step up our efforts to be assured of compliance with the Canadian Charter of Rights and Freedoms. As we all know, sections 7 and 8 of our Constitutional Charter protect privacy. This is a fundamental value of our system. I believe that it can be stated that Bill C-7, which we have before us, respects the Constitution, including the 1982 Constitutional Charter, to the best of our knowledge.
As acknowledged by members who have spoken previously, it demonstrates that the Senate has made a very significant and important contribution in the amendments that we are speaking to today.
Child care organizations, those hiring new volunteers or paid employees, will now be able to identify a candidate who has received a pardon of a sexual offence. It is only permitted if the position is one of authority or trust relative to those children or vulnerable persons and the applicant has consented in writing. This is a very important safeguard that has now been inserted into the bill by our senators.
Organizations such as Scouts, Guides, Big Brothers and Big Sisters, coaches, day care workers and others will benefit directly where there is an implicit element of trust in the good work they do.
Flagging these sexual offenders will also alert police doing background screening checks to submit fingerprints with a request for any pardoned record that may exist. If the existence of an applicant's pardoned sexual assault record is confirmed, the RCMP or the police force that did the screening can request the commissioner then provide the solicitor general with any record of conviction of that applicant.
Proposed subsection 6.3(5) allows the solicitor general to dispose of all or part of the information contained in that record if he so decides. The RCMP or police forces may disclose the information to the organization that requested this verification.
However, in accordance with new subsection 6.3(7) the organization may only use this information in relation to its assessment of the job application. Also the new subsection 6.3(3) stipulates the following:
Except as authorized by subsection (2), no person shall verify whether a person is the subject of a notation—
This is very technical in nature but I would suggest very important because these safeguards and the balance sought are addressed by these very useful amendments.
Access to the offender's information is limited to authorized police officers and law enforcement personnel. The consent form must be signed pursuant to subsection 6.3(6) by the affected individual. By requesting consent the applicant could choose to either agree or refuse to allow the record to be unsealed. Refusal would be a signal to the organization wishing to conduct the search that the applicant may not be the appropriate person for the position. If the applicant gives consent obviously the authority of the solicitor general would still be needed to unseal the record in question.
Many volunteer agencies engage in a screening process of the applicant's background. However, screening is not done with the same degree of precision or thoroughness that we know occurs with a police check. Under Bill C-7 we will be permitted to put this information into the hands of those most in need, the organizations that by their very nature can potentially set up a situation where a young person could be exposed to a person with a prior sexual assault conviction.
Police record checks are not always effective. The CPIC system has been gutted in many instances in terms of the funding. Although the solicitor general has spoken with great ballyhoo about the injection of new funding, this is less than half of what is needed to bring the CPIC system up to par.
With that said, there is a sad reality to all of this. Research confirms that the vast majority of people who perpetrate sexual abuse against children are often those who do not seek out employment in that area. Oftentimes there is no prior conviction, that is to say they have never been convicted of a crime and therefore they would not show up on a police record system. This highlights the need for education and the need for participation in a public education effort to let people know there is more that can be done to protect children. The bill therefore is not a panacea by any stretch of imagination but it is certainly significant progress.
Volunteer organizations throughout the country are obviously aimed at the enhancement of children's lives. To this end I believe the legislation very much enhances the ability we have as legislators and people of this country who have been entrusted with the responsibility to put into effect laws that will help our law enforcement agencies. This will enhance protection for children.
Pardons themselves are very much an important part of the justice system. They serve a very important purpose. They are obviously of great benefit both to the pardoned offender and to society in terms of the stigma in allowing an individual to get on with life after having served a debt to society.
With respect to sexual offences the new legislation very much strikes that balance. In terms of priority and where we in this place should be focusing our attention the bill puts it very much in the hands of our legislatures and very much in the hands of our law enforcement and volunteer agencies to protect children in every possible way, to use all means, to use extreme caution, to go that final step to see that children will always be first and foremost in our efforts to protect them.
This is not a universal remedy or solution that can be found in the legislation but it can offer this additional mechanism of protection. It does not erode the integrity of the parole system. The exceptions it now provides in the parole system may appear small but they are very justified.
In the last 28 years nearly one-quarter of a million pardons have been granted for all offences in Canada. In relation to Bill C-7 only 4,500 of those pardoned concerned sex offences. The need to protect society has to be given greater strength. The bill moves us in that direction.
It is unfortunate the government of the day would not put forward the same effort, the same resources and the same strident timetable that we have seen with respect to the bill. It should somehow rebalance its priorities in putting its resources into efforts such as this instead of into efforts such as gun registration which obviously do not seek out and do not particularly protect society in the way it would have us believe.
This type of public protection initiative and the support it has received here is an indication of the type of co-operative effort that can occur in parliament. It should renew some faith and restore some lost hope that we can, when the cause is right, rally around to pass legislation quickly and effectively that is aimed at protecting society.
As long as the government can ensure systematic and effective scrutiny of the police control processes and ensure that Bill C-7 is used only for checking criminal records and those involved in sexual offences, Bill C-7 is very much acceptable and necessary as a violation, a minor infringement, I would suggest, of the charter of rights and freedoms. It is certainly one that can be exercised in the interest of public safety.
We know the age-old adage that talk is cheap. This is action that speaks volumes. It is an unusual occurrence when we can do so in such a unanimous and unified fashion.
The greater good is what we must constantly strive for. Law enforcement agencies must strike a balance of equal treatment under the law always with a mind to protecting the innocent. We can do that in this place. A Progressive Conservative government would very much like to see the opportunity to move on laws such as this one, laws that put the emphasis on protecting society.
In conclusion, from St. John's, Newfoundland, to St. Peters, P.E.I., to Victoria, British Columbia, and all places in between in this vast country, this is a positive and laudable piece of legislation that the Conservative Party supports whole-heartedly.