Mr. Speaker, try to imagine how you would feel as a parent, or relative or neighbour of a child victimized by someone trying to satisfy a depraved sexual desire. Think of the anger, the sadness and the frustration of the physical and emotional damage suffered by the child. Then imagine how shocked and helpless one would feel finding out the culprit would not be prosecuted because the police were unable to muster enough resources to properly investigate this evil crime.
As a mother of two I can say that I do not ever want to have that experience. The reality however is that many parents do face that scenario.
Sexual deviants are preying on our children and in many cases the police are powerless to bring them to justice. Sadly, sexual offences against children have been occurring longer than any of us can remember. Compounding the problem is the commercialization of sexual abuse. Child sex tourism is a booming industry in some countries, and prostitution, pimping and pornography are profitable scourges worldwide.
Bill C-20 addresses several criminal law reforms regarding the protection of children. However today I would like to focus on three areas of the legislation that I find particularly weak: the issues of child pornography and the age of sexual consent as they relate to sexual exploitation and ineffective judicial sentencing.
The government last July implemented new laws to address the growing problem of the use of technology, such as the Internet, to facilitate sexual exploitation. This work is to be commended but, as the very existence of this bill illustrates, there is much more to be done.
As we have heard, the bill eliminates artistic merit as a defence for written and pictorial child pornography and replaces it with public good. The minister was kind enough to explain this vague concept during one of his earlier speeches on Bill C-20. I would like to read an excerpt from that speech:
Bill C-20 proposes to provide only one defence, the one of public good and to eliminate the other provision, which includes artistic merit. By doing so, the availability of a defence would be subject to a two step analysis. First, does the material or act in question serve the public good? If it does not, then there is no defence. Second, even if it does serve the public good, does it go beyond what serves the public good? If it goes beyond, then there is no defence.
Can members think of a single instance in which child pornography could possibly be in the public good? Is there a single circumstance where exploiting sons, daughters, nieces, nephews or any other child could be justified? I cannot imagine any situation that could not be addressed in some way other than by sexually exploiting a child. That is why I question the minister's decision to provide a loophole, no matter how small, for people who prey on children to sidestep the law.
Raising the age of consent is another area in which the government chooses to allow sexual predators room to manoeuvre. Instead of raising the age of sexual consent to better protect our younger teenagers, the bill proposes a new category of prohibited sexual exploitation that the minister says will focus on the other person's exploitive conduct. He says that such a system will protect not only 14 and 15 year olds but also 16 and 17 year olds from exploitation. That is an admiral idea but one that would be more effective if combined with a higher age of consent to protect our younger adolescents from predators who may rely on consent as a defence for their actions.
Detective Sergeant Paul Gillespie of the Toronto Police Service's, Sex Crimes Unit, Child Exploitation Section, outlined to me his concerns about Bill C-20. One of the first things he mentioned was the government's refusal to raise the age of consent. He feels Bill C-20 would force police to more closely examine the nature and circumstances of the relationship in question, including the evolution of the relationship, the age difference and the degree of control or influence exercised by the offending party.
Detective Sergeant Gillespie said:
This is the law I can never envisage us using. It seems we are inviting intellectual exercises into morality issues, when in fact, this is about children being abused. When I hear such terms as “examine the evolution of the relationship,” I cringe.
He also questioned how such a law could be utilized effectively. He said:
The police do not have the resources to adequately investigate these types of cases in the first place, and now the onus is being put on us to “explore” the evolution of a relationship, or determine “trust”. How exactly are we supposed to do that?
Our country's police officers, the ones who are out in the field dealing with child exploitation, appreciate the government's attempt to further protect children by putting forth the bill. I think this is a goal that we all share. However, what the police need to do their jobs more effectively is not a convoluted set of rules open to interpretation. They need clarity and they need resources.
Detective Sergeant Gillespie has provided me with a list of simple directives he says would greatly assist the police in successfully protecting our children. I would like to share those ideas with members. I urge members to listen to what he is asking.
First, raise the age of consent from 14 years.
Second, eliminate artistic merit as a defence for child pornography.
Third, include all child pornography convictions as primary designated offences for the purpose of the DNA databank.
Fourth, allow for a sampling of materials seized as evidence, similar to how samples of narcotics are analyzed in the case of a large drug seizure.
Fifth, make it illegal to advertise child pornography.
Sixth, require accused persons to reveal the key or password to encrypted computer files seized by police.
Seventh, require Internet service providers to maintain client information and records for at least 60 days.
Eighth, allow police to obtain client information records and logs from Internet service providers by way of a one page affidavit.
In September the government promised to make child protection a top priority. Yet we find ourselves in a situation where investigators are able to access the names of thousands of Canadians suspected of child pornography related activity but struggle to conduct adequate investigations. There are too many barriers and not enough resources.
Even when authorities are able to gather enough evidence to merit a guilty verdict in court, sentences are often little more than a slap on the wrist and certainly nothing to deter an avid child porn enthusiast.
We have heard that Bill C-20 features tougher sentences for child related offences. Unfortunately, the courts have traditionally been hesitant to mete out the maximum available sentences, rendering this a moot point. In fact offenders often serve their sentence in the community, not in prison.
According to November statistics from Correctional Service Canada, nearly 64% of federally incarcerated male sex offenders had prepubescent or adolescent victims. That figure rises to 70.7% when we calculate the percentage of male sex offenders serving their sentence in the community.
Think about that: 637 sex offenders who victimized a child or young person were roaming our streets during their sentence. That kind of punishment hardly serves as a deterrent, and without eliminating statutory release and conditional sentencing, tougher sentences will not be effective.
Our children deserve meaningful legislation that will give police and prosecutors the tools they need to halt child predation and bring child predators to justice.