Mr. Speaker, it is a pleasure for me to rise in this debate on Bill C-2. First I want to offer my congratulations on your important position in this minority government Parliament.
This House will not see many bills as important as Bill C-2. There are a number of aspects to it, including the battle against child pornography. I believe, and this belief is shared by all members of the Bloc Quebecois, that few of an MP's responsibilities are more important than protecting the most vulnerable people in our society, in this case, the children. All members will agree that children are our most important resource. They are our future. They deserve all our attention and more importantly, all our protection.
We could spend a long time debating this issue, but I believe you will find, beyond the partisan rhetoric in this House, that all members of Parliament want to fight sexual deviance--the attraction to minors. That is the attitude the Bloc Quebecois will take in this debate. Since the beginning, we have maintained a responsible and rigorous attitude. This was our attitude in the previous legislature when we debated this bill in its previous form. Our attitude will be the same this time for Bill C-2.
There are three main elements to Bill C-2: fighting the sexual exploitation of minors; fighting voyeurism, particularly at a time of Internet accessibility and of cameras and technology that make it possible to miniaturize nearly everything; and fighting child pornography. Since I have only 10 minutes, I would like to proceed in reverse order and begin with the problem of child pornography.
When we examine a bill, especially one that amends the Criminal Code, it is important to look carefully at the words in the legislation and the definitions in it. Bill C-2 defines child pornography as follows, and I quote:
“child pornography” means
(a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,
(i) that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or
(ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years; or
(b) any written material, visual representation or audio recording that advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act.
(c) any written material whose dominant characteristic is the description, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would bean offence under this Act; or
(d) any audio recording that has as its dominant characteristic the description, presentation or representation, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would bean offence under this Act.
For an individual to be found guilty of child pornography, their actions must fit within the definition I have just read.
A means of defence is created. This is a fairly basic difference between the Bloc Quebecois and the Conservative Party.
The bill creates a single means of defence: that of legitimate purpose, unlike the previous bill. Thanks to our committee work, we were able to make a rather significant change, since the old defence was the public good.
That was a very nebulous concept. A number of people faulted it for that reason. It had been defined in the previous legislation. The definition of legitimate purpose in Bill C-2 repeats the one we had added in committee in place of public good. According to the definition, the legitimate purpose could be related to theadministration of justice or to science,medicine or education.
Certain individuals would therefore not be found guilty of child pornography, when their aim was in fact to fight it. They could be, for example, a psychiatrist treating sexual deviants who are child pornographers, a police officer investigating child pornography cases, or a university teaching future psychiatrists about child pornography.
The amendments to Bill C-2, the new definition of the means of defence, have tightened it up. The list of activities I have given is, moreover, all-inclusive, and will thus limit the means of defence.
Thus, for a person to be found guilty of child pornography, there are two tests. The first is to determine whether what the person did falls within the rather narrow definition of child pornography. If so, the second test is to determine—and this is a defence—whether the act alleged serves a legitimate purpose or not.
Several concerns were raised in committee, in particular about artists who might write a book in which they describe their first sexual experience. The first question is whether the book is written material whose dominant characteristic is the description of sexual activity for a sexual purpose.
Thus, the bar is already fairly high. Many legitimate artists would not have to worry about failing the first test. Indeed, in most cases, their written material does not fall within the definition. If by some misfortune it is considered child pornography, the defence would still be available.
Bill C-2 strikes a fair balance, allowing a fairly serious crackdown—a position the Bloc Quebecois agrees with when it comes to child pornography—but leaving a degree of latitude for doctors, police, and some artists. For example, a nude painting or statue by Michelangelo will not be considered child pornography.
I would simply like to express my disappointment. I think the parliamentary secretary is aware of the fact that there is no minimum sentence for anyone found guilty of child pornography. What the minister wants to do—what members of his team have told me—is to send a strong message that we want to fight child pornography by increasing maximum sentences.
I think the argument can be made that a minimum sentence is also essential in ensuring that a person found guilty of child pornography gets a taste of penitentiary life.
We are talking about those dearest to us, about very fragile beings: our children. Anyone who touches our children in a sexual manner deserves a mandatory prison sentence to make sure he does not reoffend.