Mr. Speaker, I am pleased to speak to Bill C-2, an act to amend the Criminal Code concerning the protection of children and other vulnerable persons, and the Canada Evidence Act.
Bill C-2 addresses an issue that is foremost on the minds of many Canadians, mainly the protection of children against abuse, neglect and exploitation. It is also an issue that remains a priority of the government, a commitment that was reflected again in the recent Speech from the Throne, as well as by the fact that this is the first legislative item introduced in this Parliament.
Bill C-2 proposes much welcomed criminal law reforms and addresses five main issues.
First, it strengthens current provisions banning child pornography.
Second, it further protects children from sexual exploitation by people who take advantage of their vulnerability.
Third, it amends certain provisions on sentencing for offences against children, including violence and negligence, in order for the sentences to better reflect the seriousness of the offence.
Fourth, it will make testifying easier on the child victim or witness and other vulnerable persons through certain measures, by ensuring coherence and clarity in the rules for using testimonial aids and by making sure from the outset that the child is competent to testify.
Finally, it creates two new voyeurism offences prohibiting anyone from surreptitiously observing or making a recording of a person who is in circumstances that give rise to a reasonable expectation of privacy.
Canada's criminal laws against child pornography are already among the toughest in the world. Bill C-2 proposes further reforms that will make these laws even tougher.
Bill C-2 proposes the following child pornography reforms. It will broaden the definition of child pornography to include audio formats as well as written material that has as its dominant characteristic the description of unlawful sexual activity with children, where that description is provided for a sexual purpose.
Any advertising using child pornography is prohibited. The maximum sentence for any child pornography offence punishable on summary conviction is tripled from six to eighteen months.
It will make the commission of any child pornography offence with intent to profit an aggravating factor for sentencing purposes, and it replaces the existing defences of artistic merit, education, scientific or medical purpose, and public good with a two-part, harm-based, legitimate purpose defence.
Under this proposed reform, a defence would only be available for an act that has a legitimate purpose related to the administration of justice, science, medicine, education or art and does not pose an undue risk of harm to children.
Bill C-2 also proposes to provide greater protection to young persons against sexual exploitation from persons who would prey upon their vulnerability. Under the proposed reform, courts would be directed to infer that a relationship with a young person is exploitive of that young person by looking at the nature and circumstances of that relationship, including the age of the young person, any difference in age, the evolution of the relationship, and the degree of control or influence exerted over the young person.
Bill C-2 forces the court to consider the accused's conduct toward the child and not whether or not the child or victim consented to the conduct.
We often hear complaints about current sentencing results in cases involving child victims. Bill C-2 directly responds to these concerns and proposes numerous amendments.
In addition to the sentencing reforms related to child pornography, Bill C-2 also proposes to triple the maximum penalties on summary conviction from six to 18 months for child-specific sexual offences, as well as for child abandonment and the failure to provide necessities of life, and to increase the maximum penalty on indictment from five to 10 years for sexual exploitation of a young person, and from two to five years for child abandonment and failure to provide the necessities of life.
In all cases involving the abuse of a child, sentencing courts would be directed to give primary consideration to the objectives of denunciation and deterrence of such conduct and to consider such conduct an aggravating factor for sentencing purposes.
Bill C-2 also proposes criminal law reforms that will enhance the ability of child and other vulnerable victims or witnesses to provide clear, complete and accurate accounts of events, while at the same time respecting the rights and freedoms of the accused.
Bill C-2 will facilitate testimony through the use of testimonial aids in three categories of cases: in cases involving a child victim or witness under the age of 18, or a victim or witness with a disability; in cases involving victims of criminal harassment; and in cases involving other vulnerable adult victims and witnesses.
Bill C-2 proposes to amend the applicable test for the use of testimonial aids in cases involving all child victims. These aids would be available on application unless they interfere with the proper administration of justice. In cases involving victims of criminal harassment where the accused is self-represented, the Crown could apply for the appointment of counsel to conduct the cross-examination of the victim. In these cases, the court would be required to appoint counsel, unless doing so would interfere with the proper administration of justice.
In cases involving other vulnerable victims or witnesses, such as, for example, victims of spousal abuse or sexual assault, the Crown could apply for the use of any of the testimonial aids or the appointment of counsel to conduct the cross-examination for self-represented accused. In these cases, these adult witnesses would have to demonstrate that, based upon the surrounding circumstances, including the nature of the offence and any relationship between them and the accused, they would be unable to provide a full and candid account without a testimonial aid.
Bill C-2 also proposes amending the Canada Evidence Act to abolish the requirement for a competency hearing for the witness and to abolish the distinction between testifying under oath or not.
Under Bill C-2, the competence of a person under 14 years of age to testify will depend on that person's ability to understand and answer the questions, and not on their ability to explain what it means to them to swear an oath or tell the truth. It will be up to the judge, as in any other situation, to weigh the testimony.
Last, Bill C-2 proposes to modernize the criminal law's response to the new ways in which acts of voyeurism are being committed.
As I said at the beginning, Bill C-2 proposes many welcome changes to the Criminal Code. The House has already passed an earlier version of this bill. I hope this new and improved version will still receive the support of the hon. members.