Mr. Speaker, I appreciate the question and the issue is one that I would like to see thoroughly addressed and pursued at the detailed clause by clause analysis of the bill. There are outstanding questions that have to be put on the table. We have to hear from constitutional lawyers and we have to hear from provincial governments. We have to hear from groups that represent victims. We have to grapple with what is not a cut and dried matter. It is not an easy issue. It is one for which there are different precedents and different constitutional interpretations.
The federal New Democratic Party has not taken a position in favour of retroactivity. We are always very careful to try to find a way to balance the protection of the vulnerable with the upholding of our charter, but at the same time I want us to deal with what provincial governments are asking us, which is this: Is there any constitutional interpretation under which retroactivity in this case would apply and would be upheld?
Comments have been made on both sides of the issue. One such comment made in a recent newspaper article enunciated the view that there cannot be retroactivity if someone has been sentenced under the old rules. Offenders have to know what the playing field is before they offend. I think we should hear what that means and how it can be interpreted in terms of this law. I do know that at the same time this argument is being made there are those who say there are people who already have been sentenced or who are about to be sentenced for sexual offences against children and vulnerable people, people who will be released at some point and who will not be included in the registry, and therefore there are questions about safety and security that have to be dealt with.
Again I will say that there is no easy answer to this. We have not taken a position. We would like to hear all the facts and all the constitutional arguments. That is why the bill needs to get to committee for that kind of thorough vetting and process.