Madam Speaker, the member said that I was taking his party out of context and that was not what the party believed. He also talked about drawing a line. I can draw a line. I thought I tried to do that in my speech, but let me repeat it again.
The line is between real children and imagination. Somebody cannot be criminalized for imagination unless that imagination is clearly designed to advocate for pedophilia or other acts. I, like the member, want to catch the type of individual about which he has talked. As a police officer, he dedicated his resources to going after individuals who abused vulnerable 12 or 14 year olds and dealt with that individual to the fullest extent of the law. I do draw a line between works of the imagination with somebody going after a real person or using pictures of a real person against his or her will. If it is a young person, obviously that does not need to be included.
With regard to Mr. Sharpe, I only referred to him because he is one of many people quoted as saying this legislation, as drafted, is poorly crafted. I think I am recalling fairly well from memory that he said that a conservative, by the book judge would probably throw out the public good defence.
We and a lot of other organizations and individuals have a problem with the legislation as it is drafted. It will presumably be passed in this place. However, I have my doubts whether it will receive royal assent by the Senate. I think it will want to look at this because of the lack of the artistic merit argument and other shortcomings, and then refer it back here.
What is the point of passing legislation that we can guarantee will run afoul of the Charter of Rights? Why would we not try to do our best as legislators and as parliamentarians to pass a bill that is reasonable, that has a balance on free expression and that protects our children, and indicate to the courts that we are aware of the competing interest? There are competing interests here. I continue to assert that there has to be a line drawn in the sand between real children and products of the imagination.