Mr. Speaker, I am pleased to speak to this issue today and, specifically, to follow my colleague on the other side of the House from Edmonton North. It will be a sad day when we no longer have her in the House standing up and arguing issues that matter to all of us.
The motion on the Order Paper today is about how we can better protect children from all forms of sexual exploitation, including child pornography. Protection of our children from such exploitation is a continuing priority for the government as reflected in last year's Speech from the Throne, and I think we will see that reflected in the vote that will happen in approximately one hour from now.
The motion on the table today calls upon the government to protect children from further sexual exploitation by immediately eliminating all defences for the possession of child pornography which allow for the exploitation of children. When we look at some of the things that people use as a defence for what they call art and various other things that they try to get away with and say that it is not sexual exploitation, any of us who have actually looked at some of the stuff know clearly that it is. The sooner we eliminate any portending avenue of defence the better.
Child pornography is an issue that concerns all Canadians. The making of a child pornographic image is in fact the making of a permanent record of the sexual exploitation of a child being depicted in that image. That same child is further exploited with every subsequent distribution and viewing of that awful image.
Child pornography in all its forms harms children and all segments of Canadian society by portraying children as sexual objects.
Today's motion therefore speaks to an issue that is a priority for both the government and for Canadians, and it is long overdue.
As the Minister of Justice has already stated, Bill C-20, which he introduced in December 2002, proposes child pornography reforms consistent with today's motion. This just brings it along a little faster. Bill C-20, an act to amend the Criminal Code, which is the protection of children and other vulnerable persons, and the Canada Evidence Act, proposes a broad range of criminal law reforms that seek to better protect children against abuse, neglect and sexual exploitation, including child pornography.
The opposition's motion today would strengthen Bill C-20 and help move it in the direction in which I think we all want it to go. Bill C-20 proposes strengthening reforms to ensure that the maximum penalties for offences against children better reflect the serious nature of offending against children. Bill C-20 proposes reforms that will facilitate testimony by child victims and witnesses, and other vulnerable victims and witnesses in criminal justice proceedings. It also proposes the creation of a new offence of voyeurism.
The bill proposes two child pornography reforms that are consistent with the motion today and which respond in a very direct and meaningful way to issues highlighted by the March 2002 case involving Robin Sharpe. In that case, as many members know, Robin Sharpe was convicted of possession of photographic images of child pornography but acquitted of possession for the purpose of distribution or sale of written stories describing child sexual abuse on the grounds that these stories did not meet the current definition of written child pornography. I am glad I was not involved in that case because I certainly would not have agreed with that decision.
Bill C-20 proposes to broaden the definition of written child pornography. Currently, written child pornography is defined as written material that advocates or counsels unlawful sexual activity with a young person under the age of 18. Bill C-20 would broaden this definition to include written material that describes prohibited sexual activity with a child, where the written description of the activity is the dominant characteristic of the material and the written description is done for a sexual purpose. Significantly, this proposed motion recognizes the risk of harm that such material can pose to society by portraying children, as a class, as objects for sexual exploitation.
Bill C-20 also proposes to narrow the availability of the existing defences for child pornography. The Criminal Code currently provides two defences: one for material that has so-called artistic merit, or serves an educational, scientific or medicinal purpose; and another for material that serves the public good but does not go beyond what serves the public good. I think that is an area that is still up for much debate and discussion.
Bill C-20 proposes to merge these two defences into a single public good defence and in doing so would introduce an important new second step in the analysis of when a defence to a child pornography offence would be available for all child pornographic materials and acts.
Under Bill C-20 a court would be required to consider whether the act or material in question serves the public good. If it does, then the court must consider a second level of analysis: does the act or material go beyond what serves the so-called public good.
Stated in another way, the second test asks whether the risk of harm that such an act or material poses to society outweighs any potential benefit. If the risk of harm exceeds the public good, for example,--because it allows for the exploitation of children as condemned by today's motion--then no defence would be available or should be available.
Today's motion addresses an important issue and calls upon the government to act immediately. Bill C-20 is currently being reviewed by the Standing Committee on Justice and Human Rights. Hon. members can give immediate effect to this motion by supporting Bill C-20 at the justice committee, getting it into the House, and ensuring swift passage.
I wish to congratulate the opposition for moving this agenda forward and assisting the government, and ensuring the safety of our children.