Mr. Speaker, the member has brought up an important point. It is the very issue that I started my speech off with concerning the key word in the motion which is exploitation.
We know that the police have possession of child pornography. We know that many psychologists and psychiatrists throughout the country might be doing research in this area and will have possession of it. However, we know that they are not the exploiters of child pornography. There would be no reason to bring a charge against these people because they are not exploiting children through this material.
I do not believe there is a police officer or a crown prosecutor or even a judge in this country who would entertain the idea of bringing any of those people to court. Somewhere along the line some common sense has to enter into the picture. If individuals were to have this material in their possession for reasons other than the exploitation of our children, then the police should examine those reasons. The police will know what to do with it. The point is that the seriousness of the exploitation that is going on is completely out of control. If there is a better way to word that, then I would like to know what it would be.
From the articles that I have read, many lawyers and bar associations around the country are saying that Bill C-20 will never meet the charter test. This might possibly be challenged under the charter. If the huge majority of people who run this country make the decision that, regardless of what challenges may be brought forward, this particular material must cease to exist, that decision must be made loud and clear to the courts. They must tell our courts that this material must be removed from the face of the earth and will not be allowed.
If it comes to the point where the charter interferes with that decision, then maybe it is time to consider the notwithstanding clause. I do not believe that the people who created the charter of rights ever dreamed for a moment that it would protect child pornographers. Possibly, some of the things in the charter may not agree with what Canadians believe in, and so there is an out. If we are worried about this, the notwithstanding clause is our out.
Mr. Trudeau and all the fellows who put the charter together were wise enough to know that there may be conflicts so they put the notwithstanding clause in to be used. However, I understand that a large number of people on the government side absolutely refuse to ever use that clause. When it comes to this kind of issue, this is the time to use the notwithstanding clause.
We must put an end to this evil. That is what we are attempting to do today. I believe that through the collective wisdom of the House we can do it and do it right. If it comes to a point, because of judicial activism, that this is declared unconstitutional, then we have an out. We need to consider that out, and we should think about it right from the get go.
The kind of country that we want to live in should not be determined by the judges of our land. That should be determined by the people, either through direct or indirect democracy. They must decide what kind of country they want to live in.
I am sure the member will agree with me that probably 99% of the people of this land do not want to live in a country where child pornography is a major industry. We must end it. However we do it, we must do it and do it quickly.