Mr. Speaker, I am pleased to speak today to Bill C-20, which is the government's attempt to deal with the issues of child pornography and sexual exploitation of children.
Almost one year ago the Canadian Alliance put forth an opposition motion that was debated in the House. I believe it was last April 23. At that time, the government defeated what I think was a very informed motion. I will read that for the benefit of people who are watching today. That motion reads:
That the government immediately introduce legislation to protect children from sexual predators including measures that raise the legal age of consent to at least sixteen, and measures that prohibit the creation or use of sexually explicit materials exploiting children or materials that appear to depict or describe children engaged in sexual activity.
We went through an extended period of time where we continued to pressure the government to come forward with legislation to address these very pressing issues. We had the overwhelming national interest in removing the exploitation of young children, particularly by sexual predators, pimps and others. The movement toward raising the age of sexual consent from 14 to at least 16 had prompted hundreds of thousands of letters, e-mails and petitions.
On the day of the debate of the motion last year, and I can recall, Mr. Speaker, you were in the chair, I had 8,681 petitions on my desk to present. Of course that was denied by members on the government side, but they did end up in the minister's office later that day.
The point is none of those people are satisfied with the current legislation. The current legislation continues to fail to address the issues appropriately, those issues of the fact that artistic merit continues to be an adequate defence and a huge loophole, which basically makes child pornography a continuing problem in the country.
In terms of the police, victims, advocates, all kinds of other organizations, the enforcement of our laws preventing the exploitation of 14 and 15 year old children is completely inadequate. Until the government raises the legal age of sexual consent, this situation will continue.
What this legislation actually does is create a very complex and convoluted set of terms of reference. Opinions of many experts and common sense would indicate, first, that the existing defences of child pornography are actually broadened rather than narrowed by the legislation. What has really happened is there is not a substantive difference between this defence in this legislation and what was in the previous legislation on artistic merit.
The other defences have been rolled into something called the public good defence which now has several avenues in which the Supreme Court will have great difficulty unless the normal avenues of defence used by defence lawyers are addressed. They are not addressed. They are simply one broad thing called the public good test.
Therefore, what we really have is a very unacceptable situation, a situation that will lead to a vacuum in the courts from the standpoint of the ability of police to enforce the law, uncertainty in the courts and a cornucopia of opportunity for lawyers and for people who would carry out activities that are not in the public good and exploitive of children. Those situations will all occur.
The most mind-numbing of all is the fact that the age of sexual consent has not been raised from 14 to 16. What has happened is that we have another very complex arrangement, totally subject to the whims of judges or others. What we really need is what we call a truth in sentencing. We need to eliminate statutory release. We need to eliminate conditional sentencing for sex offenders and we must have minimum sentences in order to deter child predators.
There is one aspect of the bill that I think we all concur in and that is the fact that it creates one new offence called voyeurism and the distribution of voyeuristic material. This is obviously a positive step and has been done on a relatively timely basis.
What is so puzzling is that Canada remains one of the only western democratic jurisdictions that continues to pursue a minimum age of consent of 14. This is clearly unacceptable.
I want to read what the large social conservative organization in Vancouver, which sent me last year's petitions, had to say about all of this after our motion failed last year. It stated:
Parents, police and social service agencies are hindered in protecting children as young as 14 who are coerced into sex with adults. Children as young as 14 can be exposed to the risks associated with sexual activity such as emotional distress, unwanted pregnancy and sexually transmitted diseases including AIDS. Recent years have seen a significant increase in crimes of a sexual nature against children. Child prostitution, child pornography etc. are increasing at an alarming rate. The low age of consent encourages societal acceptance of early sexual behaviour and appetite for pedophiles. Problems associated with low age of consent to sex are deep emotional and mental health problems, STDS, cervical cancer, teen pregnancies, school drop-outs and criminal behaviour.
I am appalled that such a crucial and important issue, which deals with the fundamental fabric of our society, is being treated so dismally by the government.
I want to talk a little about the child pornography legislation as well. When the Supreme Court of British Columbia in February 2002 found that the written works of Robin Sharpe had artistic merit and acquitted him of the charges this created a vacuum.
I see my time is up, therefore, I move:
That the motion be amended by deleting all the words after the word “That” and substituting the following therefore:
Bill C-20, an act to amend the Criminal Code (protection of children and other vulnerable persons) and the Canada Evidence Act, be not now read a second time but that it be read a second time this day six months hence.