Mr. Speaker, I am pleased to join in the last 45 minutes of debate on Motion No. 221. The motion reads:
That, in the opinion of the House, the government should restrict sexual activity between adolescents and adults by amending the Criminal Code to change the age of consent from 14 to 16 years of age.
I am a big fan of private members' initiatives. Over the last 12 years I have had a number them and I have often thought that the best outcome of a private member's initiative is not for it to proceed through all stages, even though this is a motion and this would be its final stage, but it is to have the government adopt the intent of the proposal by a private member to ensure that the rights and interests of all are being protected.
It would be easy to argue that Motion No. 221 does not in fact help that process. It would suggest, for instance, that a 15 year old and a 17 year old engaging in sexual activity would be a problem but the problem here is the definition of sexual activity. Kissing, in fact, would constitute sexual activity.
The rationale of the motion presumes any sexual activity, which is the problem, but the intent is well-founded.
I have spoken many times in this place about children and about child pornography particularly. I do not think there is any disagreement in this place that the existence of child pornography means that a child must have been abused. The problem with private members' initiatives is that the only way for a private member's initiative to be successful is for it to be somewhat simpler in linear terms rather than trying to get a comprehensive solution to something.
Let us take for instance, Bill C-2. Currently the age of consent to sexual activity is 18 years of age where the relationship is exploitive. This is the difference between Motion No. 221 and Bill C-2. That exploitive activity involves prostitution, pornography or where there is a relationship of trust, authority or dependency. Where none of these exploitive circumstances exist, the age of consent is currently 14. What the member seeks to do is to increase that from 14 to 16.
However the key here is that any non-consensual sexual activity, regardless of age, is an assault.
Under Bill C-2 the courts would be directed to look at some broader characteristics. I know the committee will be reporting that bill back soon. I am sure the member's motion, Motion No. 221, and the debate that it has brought to this place, will add further to the passing of Bill C-2, which I know members in this place will want to do.
With regard to the issue of an exploitive relationship, Bill C-2 directs the court to consider broader indicators, which, unfortunately, have not been specifically put in Motion No. 221 but I am sure have been included in some of the debate already. They include the age of the young person, any difference between the age of the young person and the other person, the evolution of that relationship and the degree of control or influence asserted over that young person. We can see that there are some other elements other than simply age.
As we look at the debate that we have had in the past, I do not think there is much question in this place that there is a serious concern about the linkage between sexual activity at a younger age and the exploitive sexual activity that Bill C-2 tries to address.
In this particular case, the bill provides a clear direction to the courts to infer that a relationship is exploitive of the young person after examining the nature and circumstances of the relationship and the youth himself or herself.
Motion No. 221 is an important motion brought forward by the member because it gives us the opportunity to raise the serious concerns that we have with regard to the exploitation of children. Although this may also relate to sexual activity, which is not of the character that we talked about during the debates on Bill C-2 and with regard to child pornography, it does represent a proxy to do the logical extension and to look at the linkages between the earlier sexual activity, however defined, and the risk of young people becoming involved in some of the exploitive activity, which is what this House has dealt with to a greater extent.
Bill C-2 intends to better protect our youth. I believe the member is thinking of our youth in bringing this matter forward. I want to remind the House that motions come before the House in the context that the government consider the advisability of taking some course of action. It means that no matter what else we do, the debate that takes place with regard to Motion No. 221 should provide greater input as we deal with other activities.
However, because Bill C-2 is at a point where it will to be coming back from committee and there will be an opportunity to debate it, the member will find that much of the discussion that is taking place here will also be reflected in the discussion on Bill C-2.
I thank the member for participating in private members' business. It is an important tool that members of Parliament have to express their concerns about some of the social and moral issues of the day. There is no simple solution for a complex problem but if there is, probably it is wrong. In this context, it would be unwise and maybe imprudent to suggest that the member's motion is not comprehensive enough. In fact, private members' bills and motions often are very pointed in terms of areas to try to advance larger issues.
I thank the member for raising the issue and I hope, as a consequence of her contribution, the debate on defining sexual activity and, even greater, the exploitation of our children due to sexual activity, will be advanced as a consequence of her efforts.