Mr. Speaker, I would indicate quite clearly, as did the previous speaker, that we in our party support the idea behind the bill. We support the sentiment that we must do everything in our power to protect our most valued and valuable asset: our children. Yet I have real reservations about the method by which Bill C-437 might invoke that.
I very much commend the hon. member who has moved the bill. This is a cause he has long been engaged in and strongly believes in. Bill C-437 is intended to bring about a greater system of protection for children. It is intended to enforce many of the things one would assume should already be happening in the system of release, the parole system and the prison system. Were it to be enacted, the bill would further define the expression “child predator” in the criminal code to cover all sexual offences involving children that include sexual activity by the offender.
We in our party support the sentiment behind the bill. It is laudable that we encourage every effort to protect children and ensure that fairness for the victim prevails in the system. This is often lost. Victims are often thrust into a life of fear not only of what has happened but of the legal system which can be extremely cold and difficult to navigate. The system is at times unforgiving and lacking in compassion and information. I have often heard this from victims.
Bill C-437 would create a separate type of sentence in the criminal code. This is quite clear from the wording of the amendment, the effect of which would be to amend the Corrections and Conditional Release Act to prevent unescorted temporary absences, day parole, full parole or statutory release from being granted to individuals who have committed child predatory offences or been found to be child predators under the new provisions of the criminal code.
There will be a need to clarify the definition. This is not to be misinterpreted, but there is a scale of sexual offences in the criminal code. We can never forget that. It may sound clinical but I am saying this to clearly indicate that there is a scale for looking at types of offences. It ranges from inappropriate touching, which is not to be condoned but is one type of offence, to the horrific cases of rape, murder and serial rape and murder we have seen in the country.
With respect to sentencing, Bill C-437 seeks to ensure the entire sentence is served in custody in every case in which a child predator offence is perpetrated. Yes, there would still be the full protection of due process. Individuals would still be able to avail themselves of due process from the time of disclosure to a conviction or not guilty finding. We must ensure all the protections currently afforded remain in place and that due process is not interfered with.
However Bill C-437 is about what happens after the fact, after the finding of guilt. That is an important point. Because of the special nature of the offence and the special type of harm to society and the individual that results from it, we very much need a change in response and attitude by the justice department. That is implicit in the legislation.
Bill C-437 would amend the criminal code to provide for applications to the court to find people to be child predators on the basis of having committed offences against children or their inability to control their sexual behaviour. A finding of guilt and a finding of that designation would have certain consequences. We are talking about a type of dangerous offender application, something which is already permissible under the criminal code. We are talking about the worst of the worst.
I shudder to mention the names Olson and Bernardo but these are the types of predatory, sexual and violent offences envisioned by the criminal code change. We can talk about rehabilitation in the context of some offenders, but at the upper end of the scale rehabilitation is no longer a consideration. Rehabilitation of these offenders is virtually non-existent.
When looking at the intent of our justice system the protection of the public must be given precedence. This is brought about by deterrence and denunciation. It is why I recognize what the hon. member is trying to do. He is trying to draw a clearer line to distinguish the types of offences that are so horrific and damaging in their psychological and physical impact on victims. Such offences require special treatment. The offenders should be denied early release or any leniency that could be misinterpreted as condoning or embracing that type of behaviour.
Bill C-437 would give courts the ability to hold offenders for an indeterminate period of time. This is akin to the dangerous offender applications that currently exist. The bill calls for mandatory treatment. This should happen in every instance. It is a resource question. It is a priority question within the penal system and the parole board.
Under the bill counselling would be ordered in all cases to ensure avoidance of contact with children after release. Electronic surveillance might be employed as well as monthly reporting to the police. Certain parameters in the system which are now discretionary would be made mandatory in instances where sexual predators have been identified.
I have a similar bill in this regard which talks about banning contact between convicted sex offenders and children in dwelling houses. This is because of the frequency of contact between offenders and children in dwelling houses. It is where most offences are perpetrated.
Bill C-437 would require the minister of justice to establish procedures to ensure that any breach of an order including failure to report to police resulted in the immediate issuance of a warrant for arrest. That is common sense. It is what should be occurring now. Bill C-437 would codify some existing tenets which have flexibility and require discretion in the field and within Correctional Service of Canada. Under the bill offenders identified as sexual predators would be treated with special caution and in some instances given no leniency.
This is a sentiment we should embrace. The Progressive Conservative Party commends the mover of the motion in this regard. It is trite to say how important children have become in our society. Everyone recognizes that. It is a sentiment everyone should be quick to embrace.
Cautious estimates note that one in three young women are sexually abused before the age of 18 and one in six boys are sexually abused before the age of 16. These are startling figures. Even more frightening is that most abused and neglected children never come to the attention of the authorities. The cases we hear of are but a fraction of what is occurring.
Sexual predators in some instances are never caught. It goes without saying that this is sad. There is a serial element to their behaviour when there are no deterrents or consequences. They can be found in every province. It is not a rural-urban issue. There is not a higher instance in some provinces than in others. It is prevalent throughout. There is a high rate of recidivism. This is another important factor in the mover's motion. The life altering and lasting implications for the victims and the damage that results is shocking and abhorrent to Canadians. We have heard time and again of these events and the impact they can have on a child.
We should bring the bill to the justice committee where amendments can be put into place. I respect what the hon. member is trying to do. However we should change the bill's details to make it possible, charter proof and applicable under the law.