Mr. Speaker, we can generally say that bills introduced by backbenchers are well intentioned. Members are rather radical in the solutions that they offer, probably because it is so difficult for them to take their bills all the way to the House, and it is even rarer that they get them passed. That is perhaps what is happening here.
All members of my party and of this House certainly feel that child exploitation in one form or another—whether sexual exploitation, which is one of the worst forms of violence, or child exploitation for economic or other purposes—is an absolutely reprehensible type of conduct that is naturally condemned. However, the clause at hand deals with only one means of luring children: through the Internet.
However, if the individual continues, if he or she commits other offences, even rape, after luring the child through the Internet, these offences will be liable to tougher maximum sentences, up to and including life imprisonment. This can lead, in many cases, to more than 10 years of imprisonment, so that the judge must apply the maximum five-year sentence for luring. Moreover, he or she can decide to impose a concurrent sentence.
Certainly, when the judge makes the decision, he will consider the added rape or sexual exploitation, taking into account the fact that this started with the luring of a child through the Internet. Luring is thus secondary to offences that people find really reprehensible and that already carry very tough penalties under the Criminal Code. I say very tough, but I see that there are now in this House a majority of members who believe that we are never tough enough in Canada.
This is all too apparent in this bill. It is not that a five-year sentence for luring a child—in addition to the sentence the offender will serve if, in the worst case, he goes as far as committing rape or sexual assault—is deemed insufficient. The worst cases will be treated according to the offence committed. No, that is not the issue. It is that some would like this offence to be in another category. They want to put it in a category where a judge cannot impose a sentence of deprivation of liberty. They want this offence to be punishable by a sentence to be served in the community.
I do not know why this fairly recent provision in the Criminal Code is being attacked. I believe it was approved in 1996 or 1998. I think it was 1998. I do not know of any serious studies that show that judges have abused this provision, especially since they still have recourse to probation, with what is called a suspended sentence.
The difference between a conditional sentence and a suspended sentence is very simple. Under a suspended sentence, the accused is released under certain terms and conditions. No sentence is passed by the judge. If the accused abides by these terms and conditions, the judge will no longer have the ability to pass sentence. But if the accused violates the terms and conditions, he or she will be brought back before the judge to receive the sentence the judge could have passed initially. At that time, the judge may adjust the sentence, imposing a tougher or lighter one.
Under a conditional sentence, the judge gives a sentence of two years or less, which the accused may serve in the community under certain terms and conditions. These generally include a curfew requiring the individuals to be home by a certain time in the evening, the obligation to work, the obligation to support their family, and so on. If the terms and conditions are violated, then the accused has to serve the rest of his or her sentence in prison.
In other words, a person sentenced to serve 18 months at home who abides by the terms and conditions for 17 straight months, and then violates them after 17,5 months, will have to spend two weeks in prison to finish serving his or her sentence.
Had the same person received a suspended sentence and violated the terms and conditions after 17 months, the judge would have said, “I gave you a break; now, I am sentencing you to imprisonment”.
The Bloc Québécois is among those who have most actively promoted this change to the Criminal Code. We believed that the legislation had to take into account new technologies and the new ways they provide of luring children. The Bloc Québécois therefore supported the establishment of a new offence. This needs, however, to be set in a broader context. We also have to look at the offence of using a computer to lure a child from the perspective of sexual assault. I think members will agree that sexual assault is a more serious offence than luring a child. Bear in mind that a child is under the age of 18 or 16—