Mr. Speaker, I would like to take this opportunity to respond to a comment that was made earlier about the meaning of “reasonably expected to be present” with respect to persons under the age of 18.
First of all, this test does have a meaning in criminal law. It is used in the provision that authorizes courts to impose prohibition orders on child sex offenders. That is section 161 of the Criminal Code. The provision that authorizes the imposition of peace bonds on suspected child sex offenders is section 810.1 of the Criminal Code.
Whether a particular location constitutes a public place where children can reasonably be expected to be present is a factual determination made by a court. This approach affords courts the discretion to apply the tests reasonably in different contexts. The objective of this offence is to protect children from exposure to prostitution, which the government views as a harm in and of itself. It criminalizes communication for the purposes of selling sexual services in these narrow circumstances. Bill C-36 recognizes the different interests at play, which include the need to protect from exploitation those who sell their sexual services as well as the need to protect vulnerable children from prostitution's harm.
I wonder if the hon. member could comment on that.