Debates of Sept. 30th, 2009

Criminal Code

[Gordon O'Connor, Conservative, Carleton—Mississippi Mills, ON]

Madam Speaker, I rise on a point of order. If you seek it, you will find agreement to apply the votes from the previous motion to the current motion in reverse.

[The Acting Speaker, NDP, Denise Savoie]

Is it agreed?

[Some hon. members]

Agreed.

(The House divided on the motion, which was agreed to on the following division:)

Vote #109

[The Acting Speaker, NDP, Denise Savoie]

I declare the motion carried.

When shall the bill be read the third time? By leave, now?

[Some hon. members]

Agreed.

[Joy Smith, Conservative, Kildonan—St. Paul, MB]

moved that the bill be read the third time and passed.

[Gordon O'Connor, Conservative, Carleton—Mississippi Mills, ON]

Madam Speaker, I rise on a point of order. I think you will find there is agreement to apply the vote from the previous motion to the current motion.

[The Acting Speaker, NDP, Denise Savoie]

Is it agreed?

[Some hon. members]

Agreed.

(The House divided on the motion, which was agreed to on the following division:)

Vote #110

[The Acting Speaker, NDP, Denise Savoie]

I declare the motion carried.

(Bill read the third time and passed)

[The Acting Speaker, NDP, Denise Savoie]

It being 6:15 p.m., the House will now proceed to the consideration of Private Members' Business according to the order indicated in today's order paper.

Oral Questions

[David McGuinty, Liberal, Ottawa South, ON]

Madam Speaker, I rise on a point of order.

I would like to withdraw some intemperate remarks that were made on another point of order this afternoon after question period when I referred to some remarks made by the Minister of the Environment as having deliberately misled the House. I apologize to the House for making those remarks and I do withdraw them.

[The Acting Speaker, NDP, Denise Savoie]

The matter is then settled.

Criminal Code

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

moved:

That, in the opinion of the House, for greater certainty, the government should take steps to ensure that counselling a person to commit suicide or aiding or abetting a person to commit suicide is an offence under section 241 of the Criminal Code, regardless of the means used to counsel or aid or abet including via telecommunications, the Internet or a computer system.

Madam Speaker, I rise today to discuss the need to update one section of our country's laws. We all know someone who has been touched by depression. Too many of us are aware of incidents where this depression has led to suicide.

Our society has long recognized that vulnerable people require the protection of the law. That is the purpose behind section 241 of Canada's Criminal Code which makes it illegal to counsel someone to commit suicide.

The need for section 241 has not changed. The goals of section 241 remain as important today as ever.

Since section 241 was last updated, however, our society has changed. The result is that while the law intends to make counselling suicide illegal, new circumstances appear to have opened loopholes as the wording in section 241 may need updating.

Depression and suicide are not issues that any one of us takes pleasure in speaking about. By speaking of them openly, however, I believe we can remove the shrouds of shame and secrecy that often serve only to perpetuate myths and empower predators.

In an age of such rapid progress in the worlds of economics, space travel, health care, scientific research and many other sectors, it is a sad commentary that so many of our youth with such great potential have come to the point of desperation and cannot find a way out other than to end it all.

With the support of friends and loved ones, there are much better choices. They can become healthy and live productive lives full of hope and purpose.

We all know that adolescence and early adulthood is a time of dramatic change. The journey to adulthood is complex and challenging. There are immense pressures to succeed at school, at home and in community social groups.

In the U.S., suicide rates among youth aged 15 to 24 have tripled in the past half-century. For every youth suicide completion, there are nearly 400 suicide attempts.

Right here in Canada suicide is the second highest cause of death for Canadian youth aged 10 to 24. Each year on average 294 youth die from suicide in Canada and many more attempt suicide.

For our youth, during the challenges of moving into adulthood, when an added stressor, such as moving from home to college or university or losing a family member or friend or having parents divorce, is added to the mix of an already complex social environment, all too often the future looks entirely hopeless. Tragic actions lead to the loss of lives that have so much potential.

Each of us in this chamber has gone through periods of discouragement and perhaps depression, or at least we have family members and friends who struggle with depression and mental health issues.

Mr. Speaker, I wonder if I could ask for order.

[The Deputy Speaker, Conservative, Andrew Scheer]

Order. The member for Kitchener—Conestoga raises a good point. There are quite a few conversations going on around the chamber. So if members need to discuss some things with their colleagues, luckily the designers of this great building put in two lobbies, one on either side of the chamber, for that very purpose. If they could take advantage of those, I think the member would appreciate it.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, I will add those few seconds to my time.

For some people, these downtimes might be a fleeting emotion that lasts only for a few hours or days. For others, it may drag on for weeks, months or even years. In these times of feeling overwhelmed, discouraged or depressed, many have had the thought of ending it all in order to avoid the ongoing pain.

For those who experience shorter periods of depression, hopefully we will be able to remember the famous adage “this too shall pass” and we wait and work toward brighter days. Periodic bouts of depression for those with shorter episodes are troubling, deep, dark valleys in the journey of life, but experience and encouragement from fellow travellers tell us that this is a normal part of human life.

For youth, however, they may not have yet had the life experience or may not have found a trusted friend who lets them know that difficult situations will not last forever.

In this very crucial period of days that seem to never end, or weeks, months or even years, it is absolutely essential that every resource is deployed in order to counteract the overwhelming helpless feelings and to provide hope and encouragement.

Unfortunately, it is exactly at these lowest points in life where predators can change the picture irreversibly. Rather than pointing to a brighter future and offering help to access resources to help and encourage the one who is suffering, these predators counsel depressed individuals to throw away the very gift of life.

In March 2008 in Ottawa, Nadia, a Carleton University student, was going through a period of depression when an Internet predator encouraged her to take her own life. In fact, this online friend allegedly said that she would end her own life on the same day. It was only Nadia that followed through, jumping from a bridge into the Rideau River.

The online friend turned out to be a 46-year-old licensed practical male nurse from Minnesota who allegedly lurked as a predator in online chat rooms. He has also admitted to U.S. police that he coaxed at least five different people to commit suicide using the Internet. This was a premeditated act.

The premature ending of Nadia's life is a tragedy that should have been prevented. Nadia had every promise of a bright future ahead of her. Nadia aspired to enter the fields of law and politics. She presented both the aptitude and the attitude to achieve both of those goals. Nadia was accepted and enrolled in Carleton University where she studied for only a short duration and her goals were never realized.

Stories like Nadia's make it necessary to clarify our laws in order to remove any doubt surrounding the issue of counselling to commit suicide by use of the Internet.

I ask my colleagues to listen to Nadia's mother in excerpts taken directly from her message in a press conference earlier this year as she asked each of us as members of Parliament to do all that we can to clarify and update Canadian law. Her mother stated, “I'm very pleased to be here today to show support for a motion put forth calling for clarification to our existing laws on assisting and counselling a person to commit suicide. The clarification is designed to make it clear to everyone that this type of crime is a criminal offence regardless of the means used”.

She goes on to say, “These changes will send a message to Internet predators that they will indeed face criminal charges for their actions. It will make it abundantly clear to the police that they are expected to investigate these crimes and pursue criminal charges, and most importantly, when that is not done as it should be, it will give victims' families the ability to demand action from the authorities”.

She continues by saying, “Nadia did not want to die. When she became depressed Nadia did seek professional help. Unfortunately, her search for help also led her to a predator intent on feeding on her illness. Nadia wanted to live. Nadia had a right to live. We as a society need to protect the vulnerable among us”.

She goes on to say, “One thing that has now been brought to light is that this predator is not alone. There are many more just like him out there. And when things go wrong in our lives, or in the lives of the people we love, they'll be out there - hunting. Hunting for just that opportune moment. It is with all this in mind that I hope each of you lends your support and helps to send a clear message that we expect those criminals to be prosecuted.

It appears that Nadia's family members and others may have been misled by Canada's current laws pertaining to counselling to commit suicide. In fact, section 241 of the Criminal Code does make it illegal to counsel someone to commit suicide, and it provides penalties for up to 14 years of imprisonment for someone convicted of the same. However, the current Criminal Code does not explicitly state that a person who commits an offence under section 241 by means of telecommunications, the Internet or a computer system is also guilty of an offence under that section.

The story of Nadia is a troubling one. Transcripts, which were released by the Ottawa Citizen, of the conversation between Nadia and the predator clearly show the predator taking advantage of Nadia in her vulnerable state. He manages to enter into a false pact with Nadia, again under the guise of a young woman with similar problems.

Stories like this make it necessary to clarify our laws. In our Internet age, we need to make it clear that the use of technology where one might presume to hide behind the anonymity of the Internet is not a defence against prosecution for very serious criminal offences.

I have three children and eight grandchildren. Many of my grandchildren are already using the Internet for education and entertainment. I want to ensure that my family is safe and that individuals like Nadia are protected from online predators.

The current section 241 of the Criminal Code states that everyone who counsels a person to commit suicide or aids or abets a person to commit suicide, whether suicide ensues or not, is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years.

I propose that the current section 241 of the Criminal Code be amended to include subsequent subsections that build on the current section 241 to clarify that the use of computer systems, telecommunications or Internet is also explicitly included in that section.

Preying on a vulnerable individual like Nadia Kajouji should be punishable. While the Internet is deemed as a haven of free speech, it is important to protect individuals like Nadia from committing suicide at the encouragement of a predator.

I call on government legal experts to address the principles that are included in my suggestions and to craft appropriate legislation that will close any possible loopholes in our current laws. These changes are needed in order to provide greater protection to those who are at a very vulnerable point in their lives. Predators must be stopped before they repeat their crime. Their destructive deeds will not be tolerated and those predators who choose to ignore the law must face severe consequences.

As Canadians, we are constantly setting examples for the rest of the world as we strive for a better world. We are world leaders on many fronts. We provide care for our elderly and our sick, as well as the unemployed. We provide overseas support in times of catastrophe and we stand up for and defend the freedom of others.

However, on the issue of preventing Internet counselling to commit suicide, we are not world leaders. In fact, we are behind many other countries on this issue. Countries like Australia and the United Kingdom have been working rigorously to introduce amendments to their criminal code that would make using the Internet, among other media, to counsel someone to commit suicide illegal. In fact, Australia has managed to change its law and, as of 2005, has made it illegal to counsel someone to commit suicide via the Internet. This has also occurred in parts of the United States. Early this year a bill was introduced to amend title 18 of the United States code to prohibit the use of interstate commerce for suicide promotion.

I encourage Canadians and members of Parliament from all parties to continue to show their support for Motion No. 388 and I urge the Canadian government to make amendments to the current Criminal Code. I have received over 8,000 signatures in support of this initiative.

My concern is for vulnerable Canadians. The changes called for in Motion No. 388 are needed in order to provide greater protection to those who are at a very vulnerable point in their lives. Predators must be stopped before they repeat their crime. Their destructive deeds will not be tolerated and predators who choose to ignore the deterrent message need to know that they will face severe consequences.

I would remind all members of the House that Motion No. 388 does not seek to expand the scope of Canadian law, criminalize any new activities or add penalties to crimes, but in the case of Internet suicide counselling, the computer system and the use of the Internet is an integral part of the offence, and that point needs to be made very clear.

Some members of the House believe that our existing laws already make this behaviour a crime. I would like to believe they are correct but the predator who drove Nadia to her death remains free without charges. If this crime is already covered under section 241 of Canada's Criminal Code, why have no charges been laid?

As Nadia's grieving mother noted:

...as long as there are predators who believe the Internet is some kind of exclusive sanctuary and as long as there are police officers who believe, for some unwritten reason, that the Internet is not governed by our existing laws, this clarification is very much needed.

I call upon all members of the House to support my Motion No. 388 which would provide our youth with the protection they deserve.

[Serge Ménard, Bloc, Marc-Aurèle-Fortin, QC]

Mr. Speaker, I have a question for the hon. member.

First, I agree with him that the facts he cited are extremely troubling. That is why we are supporting this motion. However, I personally think that the provision in the Criminal Code is quite clear no matter how a person coaxes, helps or encourages someone to end their life, whether on the phone or face to face. To me it seems this should naturally apply to the Internet.

Does the hon. member agree that by including “via the Internet”, we should make sure we are not excluding other ways of counselling suicide?

If we decide to draw up an exhaustive list of all the ways such incitement could be communicated, some may be forgotten. I think the rule of law inclusio unius est exclusio alterius applies, that is, the inclusion of one thing implies the exclusion of another. The risk is there and I think that we should consult some law professors on these issues when we hold committee meetings.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, I want to thank my colleague for the question and for his indication of support for the motion. I am very heartened by that.

I have had the argument put to me that this is already covered in the Criminal Code. I am not a legal expert nor am I a lawyer but I will repeat the question that I asked during my comments. If it is already included in the Criminal Code, why have no charges been laid after 500, 600 days following March 2008 when this crime occurred? To the best of my knowledge, up to this point no charges have been laid.

Our youth and the victim's family deserve better than that. Those of us who have close friends who have experienced the trauma of suicide, let alone being counselled over the Internet, just suicide, are left to deal with haunting questions: Why? Could I have done more? What else could I have done? They are left to face that empty chair at family gatherings. I do not think we can afford to ensure we avoid any possible little legal wranglings just to ensure we do not create some potential problem five years down the road. It is important that we act now and act decisively, and that we give a clear message as a deterrent to those who are out there intending to give bad advice to young people that is irreversible. It is unconscionable.

[Rod Bruinooge, Conservative, Winnipeg South, MB]

Mr. Speaker, I thank the member for Kitchener—Conestoga for bringing forward this important motion, which I think is going to have a meaningful impact on this debate.

I know a number of people in Canada have been affected by suicide, and clearly within the aboriginal community it is an extensive problem. People do not actually want to end their lives. They simply want to end the pain and that is sometimes forgotten in discussions on suicide. Too often suicide is seen as the only way to end the pain.

Thankfully, many people in the House, from all parties, are looking for ways to improve that culture of life. I am hopeful this motion, when passed, will motivate the House to perhaps make the clarifications that the member has suggested.

In relation to the debate on suicide, there is a movement of late to promote suicide on many fronts. If the motion passes, does the member think it will help push back on the defence of people's views on suicide? Many groups are trying to normalize suicide.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, I want to make it very clear to the House that my main concern with the motion is to address the issue of predators who are taking advantage of vulnerable people, especially youth. I realize suicide has no boundaries in terms of the age, but my main concern with this is to deal with predators who are taking advantage of vulnerable youth.

However, it is my hope that this discussion will open the possibility for further discussion. Too often we are afraid to talk about suicide and because of that, as I said in my speech, it is shrouded in this mystery that nobody wants to open up. If we are open and talk about it, it will in fact create a healthy environment to allow us to move forward to protect life at all stages.

[Alan Tonks, Liberal, York South—Weston, ON]

Mr. Speaker, I thank and congratulate the member for Kitchener—Conestoga on raising this issue through his private member's motion, Motion No. 388.

When we talk about the sanctity of life, it is the full spectrum of life. The motion deals with life as it basically applies to young people who are tormented by their day to day demons, which statistics indicate are on the increase as they try to adapt to modern society. Our heart goes out, through this motion, to try to deal with that situation through the Criminal Code. It focuses on existing predators who are observant of the needs of young people and are going to exploit them.

The member pointed out the situation that occurred at Carleton University. A young student named Nadia Kajouji was tormented by the nature of adapting to Canadian society and to the university. She was looking for help and she thought that help was coming through Internet communication. That turned out to be her murderer, or one who advised her to take her own life. I use the term murderer advisedly. I know it probably does not bear up to Criminal Code scrutiny, but I think that anyone who advises under those circumstances, knowing what the end result is going to be, is guilty of that particular act.

It is interesting that the last question also dealt with assisted suicide, which is an issue that will be before us through other legislation. I had not intended on addressing that, but I was looking at other documentation that has been before the House. Reports were done in 1995 and 2000 with respect to the need for increased support services to the elderly. At that time, we were finding them in a position where they were taking their own lives. The issue came up again as to whether under those circumstances, with medical support and advice, assisted suicide was ethical and moral and whether we should support it.

The entitlement of the report is still not there and here we are again trying to address that issue because no initiatives were taken. I think the whole House is in agreement that the issue is not whether there should be better advice for those who want to commit suicide. The issue is whether the sanctity of life can be protected to the extent that those people can live out their lives in dignity with the support services around them.

The member for Kitchener—Conestoga has given a very excellent overview with respect to where the Criminal Code is not living up to the expectation to protect that sanctity of life. I am not going to take that part. Through the most recent statistics that have been gathered, I will attempt to try to make a case that since young people have a greater probability and propensity because of the kinds of lifestyle and issues that they face, there is a need for us to take the kind of action as suggested.

An article in today's Summerside Journal Pioneer indicated that about 14% of first year students were dropping out. According to Statistics Canada's Youth in Transition Survey, the overall post-secondary dropout rate is about 16%, suggesting that those who are going to drop out do so early in life.

They are doing that for a reason. They are alienated by the system, they are caught up by it and I would suggest they are more prey to those who, in their time of need, would be advising them, in an ill-considered way, as to how to deal with that. This is just an indicator.

Another news item in yesterday's Truro Daily News talked about how Canada's schools were not dealing with failure and that students were struggling in university, but they were struggling in life in general. A Statistics Canada report entitled “Persistence in Post-Secondary Education in Canada: The Latest Research” concluded that 14% of students dropped out in their first year.

We have a problem that we all share in how we protect and enhance the life of our young people. The indicators have not done it successfully and that leaves them more open to exploitation. What the motion is aimed at is dealing with that exploitation of the most dramatic and terrible nature.

I will talk about some of the statistics to which the member referred because, in a very graphic way, they give us an indicator of how serious the situation is.

In two reports through the American College Health Association, and I am quoting these from a survey done by McMaster University, there are indicators that young adults 18 to 24 have the highest prevalence of diagnosable forms of mental illness in the whole population, that suicide is the second leading cause of death among college students, that 95% of college students who commit suicide suffer from mental illness, usually depression, and that 75% of people with schizophrenia developed the disease between the ages of 15 and 25.

The 2006 survey also points out that 40% of clients had severe psychological problems, 8% so severe that they could not remain in school without extensive psychological help.

In a 2007 survey done by McMaster, it indicates that there is a total lack of support services to deal with those particular mental health problems.

I would conclude, with respect to referring to the statistics, that the statistics from 1988 to 2006 have increased and that suicides are the second or third leading cause of death among students.

Just as I referred to the report based on assisted suicide, we are going to have to come to grips with not having taken action when action was required. We are now going to take action in one particular area, through the Criminal Code, where the statistics indicate the need is huge. We would be derelict, in terms of being parents, teachers and, in fact, responsible members of civil society, if we did not act.

The first action would be through the Criminal Code and this action should be supported by all parties. Second, further research should be done in terms of why these statistics are of the nature they are and how we can reach out to our young people and make them believe they can fulfill their expectations and not—

[The Deputy Speaker, Conservative, Andrew Scheer]

Resuming debate, the hon. member for Marc-Aurèle-Fortin.

[Serge Ménard, Bloc, Marc-Aurèle-Fortin, QC]

Mr. Speaker, as I have already indicated, we plan to vote in favour of the motion, at least at this first stage. While the offence of counselling, encouraging or helping someone commit suicide set out in section 241 of the Criminal Code might seem clear at first glance and seem to cover cases when such acts are committed by means of telecommunications, the Internet or a computer system, in light of certain recent events, we believe that it is our duty as legislators to make sure that is the case. With that in mind, we will support the amendment to the Criminal Code if it proves necessary, although we oppose any unnecessary amendments.

Since 1999, suicide rates have dropped considerably in Quebec. In eight years, from 1999 to 2007, it has dropped by more than 30%. However, with 1,091 deaths in Quebec in 2007, suicide is still a major concern, since it is the second leading cause of death among Quebeckers aged 15 to 19 and, by far, the leading cause of death among those aged 20 to 34. Similarly, among developed nations, Quebec remains in an unenviable position in that regard, although it is not the worst.

I must say, I was not surprised when I read those statistics. When I was in university, I was very involved in the student newspaper, and when I ran it, I began a series of news stories on sociological topics of interest to students. For instance, we ran a story on married students, and another one on student deaths.

In 1964—I know I look younger than that—we discovered that traffic accidents were the leading cause of death among students, but the second cause was suicide. So we ran a series of stories on student suicides. However, back then, Quebec was in a rather better position. Our rates were among the lowest of the countries on the list. By far the most suicides were found in the Scandinavian countries. However, at the time—in 1964—the Scandinavian countries were generally more likely to recognize suicide, whereas even in a society like Quebec or Canadian society, at the time we were more likely to look for other possible reasons for the death, before declaring it a suicide. Some people considered it shameful to admit that someone in their family had committed suicide.

Given the importance of this issue today, the Bloc Québécois believes that it is imperative to consider all options to further curtail this phenomenon. For this reason, the Bloc Québécois will support the motion.

We believe that it is important to ensure that counselling or aiding and abetting suicide is an offence, no matter the means used—including telecommunications, the Internet or a computer system.

At first glance, section 241 of the Criminal Code seems sufficiently clear and comprehensive, as confirmed by David Paciocco, a law professor at the University of Ottawa. According to this expert, the Criminal Code, as it exists, already allows charges to be laid against an individual who uses the Internet to encourage a victim to commit suicide. That is my opinion as well.

In view of this, we wondered whether it was advisable to support this motion. In fact, since arriving in Ottawa, the Bloc Québécois has adopted the following approach: act responsibly. Amending an article of the Criminal Code to add an unnecessary detail is not an example of that.

It could even have the opposite effect because such changes may weaken rather than strengthen a provision. I am convinced that no parliamentarian wants that. However, I must add that the wording of the motion avoids this risk. That was my opinion when I read it over carefully.

The failure to prosecute in the case of Nadia Kajouji's suicide was troubling. Ms. Kajouji was an 18-year-old student at Carleton University who took her own life in March 2008 by jumping off a bridge into the Rideau Canal. The newspapers reported that she was extremely depressed and that a malicious Internet contact, who was posing as a young woman in the same circumstances, had urged her to hang herself in front of her webcam. That person was identified. He is William Melchert-Dinkel, a 46-year old Minnesota nurse.

The police force in charge of the investigation in Canada did not give a reason for its decision not to press charges, which is disturbing.

According to professor Paciocco, whom I mentioned earlier, the fact that the offence was committed on the Internet may complicate the investigation but should not preclude a trial in Canada.

According to this legal expert, there is no real problem of jurisdiction in a case like this. In the case of cybercrime, the communication received in Canada creates a link between the accused and the victim that is strong enough to give Canadian courts jurisdiction.

But although this type of crime is fortunately rare, it does sometimes occur, and it has led to charges and a guilty verdict. For example, Gerald Klein was convicted after entering into a suicide pact on the Internet in 2005 in Oregon.

In Canada, section 241 has not been tested in the case of counselling on the Internet. That is why we want to ensure that it is adequate and clearly understood by the police.

Before moving on to other considerations, I want to point out—and I believe that this is the intention of the person who introduced the motion—that we are not talking about assisted suicide involving someone who is terminally ill and experiencing prolonged, unbearable suffering. That is a topic for another day.

We agree that this offence must exist and that this section must be enforced. I appreciate that the motion has been carefully worded. I cannot say the same for other laws I have criticized recently. The motion has been carefully worded to apply only to the cases we agree on.

Of course, changing the Criminal Code will have only a minimal impact on suicide in Canada and Quebec. There are other, more effective things we could do, such as dropping the attack on the Canadian firearms registry. Simply possessing a firearm increases the chances of suicide fivefold. That is what I am told, but I suspect it applies when people are contemplating suicide and have access to a gun. I do not think that possession alone creates the risk of suicide, but when the intent is there and the gun is available, the chances go up. As such, thanks to the buy-back program it includes, the Canadian firearms registry has helped to limit possession of firearms to those who really wanted them.

One section of the Criminal Code provides that when those close to a depressed person know that he or she has one or more firearms, they can ask a judge for an order to seize the firearms and confiscate them until medical exams show that they can be returned without risk. That has happened several times.

Some people got their firearms back after recovering from their depression. People fighting suicide believe that this is a useful provision and one of the good—