House of Commons Hansard #194 of the 42nd Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was senate.

Topics

Opposition Motion—Tougher Penalties for Child Predators ActBusiness of SupplyGovernment Orders

4:30 p.m.

Conservative

Bev Shipley Conservative Lambton—Kent—Middlesex, ON

Mr. Speaker, I want to thank my colleague, not only for his presentation today but, as we heard earlier today in the House of Commons, for his involvement in another significant Wynn's law debate.

My colleague is absolutely right. I think those of us who may not have had a direct connection may not have the same feeling. I pass on to him my concern for those who have gone through that. It must be hell.

We all hear about the protection of our children, and that is great. We have taken one step. What is the concern about having another layer of protection so that we do not have a repeat of these situations that happen across our country?

Opposition Motion—Tougher Penalties for Child Predators ActBusiness of SupplyGovernment Orders

4:35 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Speaker, to further respond to the point raised by the parliamentary secretary, of course I recognize that it is a terrible family tragedy, and I acknowledge his sincerity when he speaks about this issue. However, the fact is that in terms of the information that would be accessible in this registry, it would be information that was already made publicly available by the police. It would be available through a process that is already established. What this would do is add another layer so that parents could simply go online and get that information any time, anywhere, rather than being reliant on it being in the news on one day.

Opposition Motion—Tougher Penalties for Child Predators ActBusiness of SupplyGovernment Orders

4:35 p.m.

Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Drummond, Official Languages; the hon. member for Calgary Nose Hill, Immigration, Refugees and Citizenship; the hon. member for Saint-Hyacinthe—Bagot, Canada Revenue Agency.

Opposition Motion—Tougher Penalties for Child Predators ActBusiness of SupplyGovernment Orders

4:35 p.m.

Ajax Ontario

Liberal

Mark Holland LiberalParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, I thank my hon. colleague for bringing forward this motion about our government's commitment to protect our communities and especially our children from sexual violence.

I will repeat what I said in the question earlier. There are certain issues that demand the best of us, demand us to rise above partisan rancour and have mature dialogue about an issue close to all of our hearts: the sexual exploitation of children in violent attacks. The devastation it visits upon young lives is something I wish I knew less about. For someone to survive that and get to a healthy place is an enormous challenge.

As government, it must be one of our top priorities to ensure the safety and well-being of our children. It demeans this place when anyone casts aspersions on any member for doing anything other than trying to provide that protection. It is incumbent upon us in this debate, and in any debate on such a sensitive matter, to avoid the temptation to oversimplify issues or to seek an opportunity to gain a partisan point when such matters are happening.

The debate that has been happening today has been much more constructive. Unfortunately, I feel that some of the debate during question period was much less so.

Before I turn the specifics of the motion, it is important to begin with some needed context and a clear understanding of how the current system works when it deals with sexual offenders.

Canada currently has very robust measures in place. The national sex offender registry was established in 2004 under then prime minister Paul Martin's government by former public safety minister Anne McLellan. It was created as part of the Sex Offender Registry Information Act, which is a key element of the current system. Under this act, sex offenders have a legal obligation to register with police so they can be monitored in the community.

The database is maintained and kept up to date by the RCMP. It contains important identifying information about convicted sex offenders across Canada, such as physical description, name, address, and place of employment. Sexual offenders are included in this database upon conviction, and police forces across Canada have access to it. This helps police officers prevent and investigate crimes of a sexual nature. It ensures sex offenders are properly registered and monitored and it serves as a vital tool for identifying high-risk offenders.

When a high-risk sex offender is released from prison, the Correctional Service of Canada notifies local law enforcement and provides police with detailed information about the individual. This information includes a document such as the offender's criminal profile, records of institutional behaviour, and psychological and psychiatric evaluations. Local police can then notify the public.

A key point to highlight in this regard is that most provinces and territories already have legislation or policies in place with regard to public notification about sex offenders. The majority of police forces across Canada already publicize information on any released sex offender whom they consider to be a potential danger to the public. Canada already has a registry the police can use to keep track of sex offenders. Most Canadian police forces already alert the public about sex offenders in their communities.

That brings me to the notion before us and the new database the Conservatives are calling for in accordance with the former Bill C-26.

Most of that legislation has already been brought into force, and our government is currently examining the sections of the law that allow for the creation of this new public database. I should point out that while the Harper government adopted legislation to create the database, it actually never created it. When the previous government introduced it at the end of its 10-year mandate, it never put any money into actually setting it up.

I have heard fears expressed by some hon. members in the House, including in some of the comments made here today, that this database might be dismantled. One cannot dismantle something that has not been set up. The term “cancelled” was used. One cannot cancel something that has not been created.

The question is not whether to take it apart but whether to set it up. Our government is giving the matter careful consideration, taking into account the needs and concerns of victims, the importance of helping parents and communities protect their children, the evidence about the utility and effectiveness of sex offender databases, and the experience in other jurisdictions.

Obviously this move is first and foremost about public safety and protection. When former Bill C-26 was being studied by the justice committee in 2005, the Canadian Centre for Child Protection expressed the view that public notification about sex offenders in high-risk cases could be of great assistance to families and communities, and the victims ombudsman stressed the importance of ensuring that victims have access to meaningful information so they feel “informed, considered, protected, and supported.”

We recognize these concerns, and I specifically share them. The criminal justice system must always keep the needs of victims in mind and we must always do everything we can to prevent further victimization. The best way to do that is by implementing criminal justice policy that has been proven to keep the public safe and is evidence-based.

To that end, we are aware of the questions that have been raised about the effectiveness of public notification systems and whether such systems might have unintended consequences, some of which I referred to in my questions earlier.

One practical concern is that public databases might encourage sex offenders to go underground or be less likely to comply with police registries, which can have an adverse effect on the effective monitoring of these individuals and be quite detrimental.

Sex offenders may also move to jurisdictions where they are not as heavily monitored, and that could be of particular concern with the proposed database we are talking about today, because the law would only allow this new database to include information that has already been publicly released. It would be of no help whatsoever in jurisdictions like Quebec and New Brunswick, which do not have any public notification systems, and it could actually encourage sex offenders to move to these provinces to avoid public exposure and scrutiny.

Another concern is that people may use a public database to access information about sex offenders for the purposes of vigilante action, as has been in the case in certain jurisdictions. There is the possibility that such an action could be misdirected, especially if information in the database was incorrect or out of date.

At the time Bill C-26 was being examined at committee, the Canadian Bar Association noted the possibility of innocent people falling victim to vigilantism if they were mistaken for offenders. Vigilantes have also been known to target the families of people on sex offender registries. These kinds of concerns need to be weighed against the benefit that a publicly accessible database would bring. We need to examine the evidence to determine, based on facts, whether this proposed database would make our communities safer, and that is exactly the work we are undertaking.

One thing we do know for a fact is that treatment and reintegration programs like Circles of Support and Accountability have been proven effective at reducing recidivism among sex offenders.

Circles of Support and Accountability is a Canadian-made, community-based program that is world renowned for its effectiveness in dramatically lowering rates of recidivism and preventing victimization. It was started by members of a Mennonite church in Ontario and involves some truly amazing volunteers who hold sex offenders accountable, support their reintegration, and protect Canadian communities.

Circles of Support and Accountability works primarily with people who have committed one or more sexual offences and who require support to live a positive, crime-free life. This program has shown time and time again that it leads to fewer victims of sexual predation, which is exactly what each and every one of us in the House wants.

The Harper government had research demonstrating that Circles of Support and Accountability reduced the rate of reoffending for sex offenders by almost three-quarters, from 22% to 5.6%. It is truly almost unheard of for programs to have that kind of efficacy.

As a bonus, Circles of Support and Accountability saves money. Again, the Harper government's own research shows that every dollar invested in the program resulted in nearly fivefold savings in costs to the justice system and to victims. The Conservative government unfortunately cut all federal funding for that program despite its efficacy and despite how science proved it was working.

At the time, Barbara Kay wrote a column in the National Post entitled “Ottawa's curious decision to cut funding to successful sex offender program”. In her words, “The cost [of Circles of Support and Accountability] is modest, the process benign, the burden on the community nil, the harm reduction proven.” She concluded that the government's choice to stop funding appears to be an incredibly misguided decision.

We recently reinstated that federal funding, allocating $7.48 million over five years to the national crime prevention strategy. We have also doubled the annual funding for the national flagging system program. The programs was established to track high-risk, violent sexual offenders and to ensure that prosecutors are aware of potential information regarding an offender's likelihood to engage in violent behaviour. It was recently evaluated and shown to be a very effective way of identifying and tracking high-risk offenders.

As members can see, we are investing in programs that have been proven effective in keeping communities safe, and we are carefully examining additional measures, notably the database that is the subject of today's motion, to better understand the benefits and potential unintended impacts. While that examination continues and while the work of making sure we get public safety right continues, particularly when it comes to our children, we are not in a position to support the motion today.

It is our government's intention to consult with communities, various stakeholders, and law enforcement experts to ensure that we have a firm understanding of the potential effectiveness of this initiative before we decide whether to move forward with its implementation.

We also have to ensure that any future database is compatible with systems already in place in some provinces and territories. Different approaches across various jurisdictions may create implementation challenges, especially since the proposed database would capture only those offenders who are already subject to a provincial or territorial notification. That is why we will be consulting with our provincial and territorial partners. These consultations will inform our way forward on this issue and ensure that we are implementing and funding evidence-based criminal justice policies to protect our children and keep Canadians safe.

The Minister of Public Safety and Emergency Preparedness and officials in the public safety department will be working very hard to that end over the upcoming months. In the meantime, we will continue to support the existing national sex offender registry as well as proven and effective programs like Circles of Support and Accountability and the national flagging system.

The most important consideration is that the programs we fund and the measures we implement must have demonstrated positive impacts on public safety. This is not a matter of who cares more or less about protecting our children. We know we all care. It is a matter of doing what works best to protect them, not based on a gut feeling, not based on what sounds best in a sound bite, but based on where evidence leads us. Right now we are doing the work of getting those facts so that we can decide whether or not to create this new database, and, if we do, how to best go about it.

This is a highly charged issue, but it is important for the public to know that the systems and controls that we have in place now—put in place in part, as I mentioned, by both Prime Minister Martin and Prime Minister Chrétien and by successive governments—established a framework to ensure community safety, and that when police feel somebody is dangerous, they can be used to notify the community. It is hyperbolic in the extreme to suggest that the only thing keeping our kids safe is this particular database, when in fact the database in question is aggregating existing publicly available information.

On that basis, I think we can have a constructive dialogue about the particular utility of this database, but given the very real concerns that were raised around its misuse, it is only appropriate that we take a prudent and appropriate amount of time to get this incremental piece right. In the meantime, there are a raft of things that we know from evidence we can do and are doing to keep our children safe. I know that is a priority for us and I know it is a priority for every member of this House.

Opposition Motion—Tougher Penalties for Child Predators ActBusiness of SupplyGovernment Orders

4:50 p.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Mr. Speaker, an individual can go onto the national registry, but as everybody in this House knows, it is not public. As I have said, I have worked in a constituency office for a number of years and have had a lot of interaction with people who had been the victims of sexual offences. One was a seven-year-old girl and another was a 12-year-old girl. I recognize what the parents went through.

Following that, when the person was arrested in my own home town, the police were always being asked about it, but unfortunately that information is not public.

The member seems to be worried more about the reintegration of an offender than about public safety or our children. That is of great concern. I would like to know the science behind that, because this is a very science-based government. I am saying that while biting my tongue.

He is talking about science. I would like him to tell me, in terms of pedophiles, people who have sexually assaulted our children, what their chances are of re-victimizing.

Opposition Motion—Tougher Penalties for Child Predators ActBusiness of SupplyGovernment Orders

June 14th, 2017 / 4:50 p.m.

Liberal

Mark Holland Liberal Ajax, ON

Mr. Speaker, I will go back to my earlier comments. When the member says that I care more about integration than I do about sexual victims, it is very unfortunate that—

Opposition Motion—Tougher Penalties for Child Predators ActBusiness of SupplyGovernment Orders

4:50 p.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Answer the question.

Opposition Motion—Tougher Penalties for Child Predators ActBusiness of SupplyGovernment Orders

4:50 p.m.

Liberal

Mark Holland Liberal Ajax, ON

Mr. Speaker, I am sorry. It is beneath this place and it needs to be called out.

When any one of us in the House casts aspersions that somehow we do not care about the safety of our children, that somehow we do not care about sexual offenders, it is despicable. Every day we do something to keep our communities safe. I trust our police and chiefs of police that when there is a dangerous offender, they will let us know. When sexual violence hit my family in a very real way, I know exactly what it meant. To say that somehow I do not care about it is repugnant.

Instead of—

Opposition Motion—Tougher Penalties for Child Predators ActBusiness of SupplyGovernment Orders

4:50 p.m.

Some hon. members

Oh, oh!

Opposition Motion—Tougher Penalties for Child Predators ActBusiness of SupplyGovernment Orders

4:50 p.m.

Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

Order, please. I realize this is a very emotional topic and emotions tend to bring out responses that are not very parliamentary at times. I want to remind hon. members that one person speaks at a time.

The hon. parliamentary secretary.

Opposition Motion—Tougher Penalties for Child Predators ActBusiness of SupplyGovernment Orders

4:55 p.m.

Liberal

Mark Holland Liberal Ajax, ON

Mr. Speaker, specifically, when we talk about what works, it is fortunate we have a variety of different jurisdictions that have implemented different measures to ensure reporting is done safely. We know our police inform us. The information being talked about is already publicly available. What we do not want to do is rush into the kind of hyperbolic politics that is being articulated on the other side to try to win some partisan points at the expense of good public policy.

So many of us here are parents. It is extremely important we get it right and what we do actually protects our communities, not protect our householders.

Opposition Motion—Tougher Penalties for Child Predators ActBusiness of SupplyGovernment Orders

4:55 p.m.

Liberal

The Acting Speaker Liberal Anthony Rota

Before I go to questions and comments, I would like to remind the hon. members that there are people who want to ask questions. On this topic, we seem to be going a little longer. Maybe members could try to keep it as concise as humanly possible. I know it is not easy.

Questions and comments, the hon. member for Winnipeg North.

Opposition Motion—Tougher Penalties for Child Predators ActBusiness of SupplyGovernment Orders

4:55 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, the Chrétien government brought in the national flagging system, which proved to be fairly effective. A budget followed it. The Paul Martin government brought in the national sex offenders registry and, again, allocated resources for it.

As the member has indicated to the House very clearly, we all care about the sensitivity of this issue. Could the member comment on how important it is that Ottawa work with different stakeholders and understand what we have in place as we try to move forward on a very important issue?

Opposition Motion—Tougher Penalties for Child Predators ActBusiness of SupplyGovernment Orders

4:55 p.m.

Liberal

Mark Holland Liberal Ajax, ON

Mr. Speaker, Canada has one of the lowest rates of violent recidivism and recidivism when it deals with sexual offences. That is because successive governments have implemented good policies. We also have phenomenal front-line police officers and police chiefs who do an incredible job of keeping our communities safe.

Those measures have already been put in place. The question is what we can do to improve it. The hesitation we need to have, particularly in something as detailed and as complicated as this matter, is to ensure we do not have knee-jerk policies based on gut feelings. Instead we need to root ourselves in evidence and science to ensure what we put in will not make things worse. It is incredibly important for us to be prudent and cautious as we proceed.

The member quite rightly points out that we have a wonderful base on which to stand. Very good work and policy has been done here. We always have to look at ways to make it better, but it has to be rooted in evidence.

Opposition Motion—Tougher Penalties for Child Predators ActBusiness of SupplyGovernment Orders

4:55 p.m.

Liberal

Julie Dabrusin Liberal Toronto—Danforth, ON

Mr. Speaker, I appreciate what the parliamentary secretary has outlined for us today as far as a vision. I was hoping he could expand a bit. He has shown great confidence in the system and what we are doing to move forward to ensure all our children are safe. However, I hear so many concerns from the other side. I would like to give the member extra time so he can let us know exactly what is in place right now so people can feel confident we are moving forward in the right direction to ensure our children are safe.

Opposition Motion—Tougher Penalties for Child Predators ActBusiness of SupplyGovernment Orders

4:55 p.m.

Liberal

Mark Holland Liberal Ajax, ON

Mr. Speaker, as was identified earlier, we have a national flagging system and databases available for police to access.

When police officers get information that somebody is being released into a community, they can make a threat assessment and determine what the public needs to know. They can make the public aware that an individual is moving into a neighbourhood. Right now, there is a very high compliance with the system as it exists. The police are able to know where individuals are and are able to track them.

One of the concerns with putting that on the Internet so everybody can search people's names and pictures and then point to them on the street is that if they have not been identified by the police as being a particular risk, everybody will start moving underground and moving off the system, not telling police where they are. We have to be very careful that we get right.

The circumstance could very well be that if we brought this out, we would not know where dangerous offenders were. When police forces need to apprehend them or need to know what they are up to, they will have no idea where they are. That could be one unintended consequence.

I have talked about vigilantism. Some think it is good if people commit vigilante violence against offenders who already have served their time and have been released. People have said that to me. I do not think very many people feel that way about the families of the offenders. There is a very real concern with families being targeted, people who have committed no crimes and are completely innocent.

We have to take a step back, walk outside the cone of rhetoric we are thrown into, and ensure the policies we implement actually improve public safety and protect our children. Where the debate should centre, as we have this back and forth, is on that. The opposition party, the Conservatives, the New Democrats, the Greens, and the Bloc all have ideas. We can share that dialogue in a fashion where we understand others have ideas that they may feel are better than ours, but let us not go to that next point of saying that somehow members do not care about kids or care about dealing the predation. That is unbecoming and not worthy of this place.

Opposition Motion—Tougher Penalties for Child Predators ActBusiness of SupplyGovernment Orders

5 p.m.

Conservative

Ben Lobb Conservative Huron—Bruce, ON

Mr. Speaker, I disagree with the member's point on vigilantism. I think parents would like to know if somebody is across the street or down the road from them. I appreciate the police have a role, but it is also a parent's right to know if a pedophile lives down the street.

California, which is a liberal state, a progressive state if we want to put it that way, has a registry. It even has apps so parents can find out where these pedophiles are, if they are on their street or in their neighbourhoods. Has the member gone to California? Has he talked to democratic legislators or lawmakers to see whether they find value in having a registry and apps? Why does it seem like it so impossible to do it here? I ask that question with all due respect.

Opposition Motion—Tougher Penalties for Child Predators ActBusiness of SupplyGovernment Orders

5 p.m.

Liberal

Mark Holland Liberal Ajax, ON

Mr. Speaker, I have been to California. The member might be interested to know that it has one of the highest violent recidivism rates in North America. If we are looking for places to emulate, California would be just about dead last.

Second, I do not speak about parenting in the abstract. I am a parent. The issues the member talks about are ones that preoccupy my mind, and every parent's mind. When we are talking about parenting, I want to look at jurisdictions that are getting it right, not jurisdictions that are getting it wrong.

Opposition Motion—Tougher Penalties for Child Predators ActBusiness of SupplyGovernment Orders

5 p.m.

NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, the member for Niagara Falls and I serve on the Standing Committee on Justice and Human Rights together. In the short time I have gotten to know him, I know him to be a man who treats these issues with sincerity and he cares about them.

The motion before us looks at a bill that was passed in the previous Parliament, Bill C-26, which received royal assent on June 18, 2015. That act created what was called the High Risk Child Sex Offender Database Act. The motion before us revolves around that act, whether it is operational, has had the funding, etc.

I want to state how important it is for us to protect our children from predators. I am a father of twin daughters and lucky to have a third one arriving later this year. I know all members in the House, whether Conservative, Liberal, NDP, Bloc Québécois, or Green, are very sincere in wanting to protect our children. I take that as a starting point. We want to ensure the policies and legislation coming out of this place are in the best interests of all Canadians and all children.

As long as the sexual exploitation of children continues, we need to come together in this place to find effective ways to prevent and eradicate child sexual exploitation. I will note that New Democrats voted in the last Parliament for the Conservatives' Bill C-26 because of the importance of the issue. However, we were very clear that we were disappointed with the legislation as the Conservative government promised action, but there was no new funding to implement it.

The Conservatives are now in opposition and accusations are being made about the Liberals, that the same problem exists, that there is no funding to implement the law.

The New Democrats have always had a zero-tolerance policy when it comes to sexual offences against children, and that has not changed. I speak for my entire caucus when I say that. We are disappointed that the Liberals and Conservatives are stuck in this argument that fails to address some of the key problems.

There have been cuts, followed with years of lack of funding for the prevention of sexual offences against children. The funding has not been there to reduce the risks of recidivism. What is good about this debate is that we now have a chance to discuss how important it is to protect children from sexual predators.

The committee heard from many witnesses in the previous Parliament that tougher sentences would not solve every problem. We need the resources immediately to counter sexual abuse against children.

When the Conservatives moved their omnibus crime bill in the previous Parliament, the NDP helped move the provisions that dealt with sexual offences against children through faster than anything else. Members of the NDP have introduced private members' initiatives with a view to preventing the sexual exploitation of children. One of the major changes was to make it illegal to use a computer to organize an offence against a child.

The NDP also fought for the Circles of Support and Accountability, an organization that works to reduce recidivism. Circles of Support and Accountability's numbers are impressive. One study found a 70% reduction in sexual recidivism for those who participated in the program compared to those who did not. Another study found an 83% reduction in recidivism. The program dramatically improves public safety, while not being prohibitively expensive. Despite the success of such an initiative, its funding was cut by the previous Conservative government.

When the committee did the study for Bill C-26 in the previous Parliament, we brought forward some evidence-based amendments. We asked that it be explicit that the database not be used to identify victims.

We also moved an amendment that would make the minister provide an annual report to Parliament on the effectiveness of the law. As I have mentioned many times in the House, this goes to the ability of this place to hold the government to account for the programs it is operating. We felt that providing this annual report to Parliament would allow parliamentarians to judge the government's effectiveness of the program, to hold it to account, and to possibly provide the pressure to initiate changes that might be needed. We clearly want to know that our measures are effective, and we should see evidence of that fact. Unfortunately, those well-meaning amendments at the time were rejected by the Conservative government.

Some of the initiatives taken by the Conservatives, when they were in government, starting in 2006, included the following. They implemented new mandatory prison sentences for seven existing Criminal Code offences. They made it illegal for anyone to provide sexually explicit material to a child for the purpose of facilitating the commission of an offence against that child. This is a process that is often referred to as grooming. They strengthened the sex offender registry. They increased the age of consent from 14 to 16 years of age. They also put in place legislation to make the reporting of child pornography by Internet service providers mandatory.

These were all big steps to stop the sexual exploitation of children. The issue was that in 2014, the minister of justice at the time came to the committee and stated that sexual offences against children had increased by 6% over those past two years. This statistic obviously puts everything that was done into question if we have no resources. It is easy enough to change a law, but if that law is not backed up by the resources, it quickly becomes meaningless.

I will highlight a point here. Over a five-year period, when the Conservatives were in power, the RCMP withheld some $10 million in funds that were earmarked for its national child exploitation coordination centre and related projects. These cuts were made partly because the RCMP had to conform to some of the deficit reduction action plans that were in place. They were made as the number of child exploitation tips from the public was increasing exponentially.

I want to talk a little about the sex offender registry now. Canada's sex offender registry is currently only available to police. Federal prisons are required by the Corrections and Conditional Release Act to notify police of the release of a high risk offender, which can result in a community notification. This generally means a police media release that contains basic information about the offender and includes a photograph. Depending on provincial legislation, police can publicly disclose information if there is a significant risk to the public. However, the Conservatives are arguing with today's motion that the public should have access to more information on who is living in their communities.

I want to look at the example that is employed by the province of Manitoba. It has a community notification advisory committee. It is made up of people from the criminal justice and mental health systems who have the expertise to determine whether an offender is likely to commit further crimes. It has representatives from the general public, Winnipeg and Brandon police, Manitoba public prosecutions, Manitoba corrections, Correctional Service of Canada, and Manitoba health. All of these agencies work together.

After a thorough review of each case, the committee recommends measures that can range from no notification to full public notification, all based on the circumstances of the individual. It can even recommend that police take other steps to ensure community safety, such as surveillance.

The Conservatives have been arguing that the public should have open access, but if we look at the measures that have been instituted in Manitoba, we already have an example of where there is an effective program that can institute a wide range of measures, depending on the circumstances.

The Sex Offender Information Registration Act is the act that established the national sex offender registry. As it stands now, the national database containing information on convicted sex offenders is managed by the RCMP. It provides access to current information on offenders to assist in the prevention or investigation of sexual offences. Under the current system, those convicted of certain sexually-based offences have to register with the police, and periodically update their personal information such as their name, address, the type of offence, and a recent photograph.

Police currently notify the public when they deem there is a risk that warrants it. As I have stated, other jurisdictions have drafted their own protocols or legislation regarding public notification, and there are certainly some fine examples that we can be looking at.

As I mentioned in my introduction, the legislation that was passed under the previous government, Bill C-26, made it possible for the government to create an online public database. The Conservatives, with this motion, are pushing the Liberals to go forward with this publicly available database. However, there have been some issues that have come up with the implementation of said database.

An internal memo to the Minister of Public Safety and Emergency Preparedness, by his officials, which was obtained recently by the Canadian Press, mentioned that a number of concerns have been raised, and that there was support for dropping the idea of a public database. The memo indicated that officials recommended proceeding with elements of the legislation that impose new reporting requirements on registered sex offenders, and allow for better information-sharing between federal agencies.

Officials suggested Public Safety Canada and the RCMP undertake a review and consult interested parties for a fully informed assessment of the proposed new database, and then to develop options for the government. It is important these issues are dealt with before we go forward with sweeping changes that might not be effective in our fight against the sexual exploitation of children, which I will again repeat in this House is fully the goal of every member here.

Just to look at some of the judiciary impacts, in the province of Quebec its bar has long held the position that a publicly accessible registry could cause many unwanted societal consequences. In 2003, the bar argued that there were risks of vigilante-style attacks, a propagation of fear, and a creation of a false feeling of safety. Another issue with the federal registry is that there is no national definition of a risk of recidivism. The current assessment of risk is different between the provinces, and if we are going to make a national public database, it should be based on a common definition of recidivism rather than a patchwork quilt.

I want to do everything we can to protect public safety, which includes properly funding initiatives to put an end to child exploitation. The issue here is that there is not really any evidence that making the registry public would enhance public safety either by increasing arrest rates or by predicting the location of future offences. The police already have all of the relevant information in the current registry, and they are responsible for protecting public safety by using that information. We await the results of the ongoing review by public safety officials and the RCMP, who are at this moment studying further the possible merits and drawbacks of a public database.

I will conclude by saying this is a good opportunity for us in the House to have a discussion on how to best end child sexual exploitation. I will repeat that the NDP has always had a zero tolerance policy when it comes to sexual offences against children. We need an effective, well-funded regime that is based on evidence, not talking points. I look forward to hearing more from my colleagues from all parties in the House on this issue.

Opposition Motion—Tougher Penalties for Child Predators ActBusiness of SupplyGovernment Orders

5:15 p.m.

Scarborough Southwest Ontario

Liberal

Bill Blair LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, I have some experience with the actual application of the sex offender registry. We have talked about the establishment of a federal sex offender registry but, in fact, it was the province of Ontario, in 1999, that implemented what was then called Christopher's law, a sex offender registry, which was the first of its kind in this country. One of the things that I have been very much directly involved with is the oversight in the application of that registry, and how it is used.

I have just checked the Ontario community safety website where it speaks about the Ontario sex offender registry, the longest established, and I might suggest the most effective, in the country, and also in which the public does not have access. It makes the statement that this contributes to consistently higher offender compliance rates, resulting in increased accuracy and integrity of the data. It goes on to say this enhances public safety for Ontarians by providing police with the ability to have more accurate information about registered sex offenders.

I can tell members from experience that an accurate, comprehensive sex offender registry gives the police the tools they need to monitor offenders in our community, to locate offenders, and to identify them for the purposes of investigation and prosecution. I can also tell members that it is the responsibility of police chiefs in Ontario to notify the public when, on the basis of evidence and threat assessment, they believe an offender represents a significant threat to the community, and I have, quite frankly, been involved in that notification on very many occasions.

I ask the member, in light of that experience in Ontario, would he reflect on whether he believes this information should be made public for any other purpose other than the one I have already described?

Opposition Motion—Tougher Penalties for Child Predators ActBusiness of SupplyGovernment Orders

5:15 p.m.

NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, in response, this is a very hard subject to talk about. No one wants to imagine any child being put through this. It especially hits hard to those who know children either their own, their immediate family, or their friends who have been affected. Ultimately, the cornerstone of my speech was about finding an effective way to make sure this does not happen.

I trust our public safety officials, whether it is the RCMP, the local police, or the people in Corrections Canada. I highlighted the example that exists in Manitoba. I trust the people who have made a career out of public safety, and have our best interests at heart. I really look forward to the review that is being completed by Public Safety Canada.

The House should adopt policies based on that review, and we should trust the officials who have made a career out of this, and who are very dedicated to their craft. Ultimately, it should be based on a collaboration of those officials. We also need to make sure that these systems are well-funded. It is one thing to pass a law, but we need to make sure that when that law is passed and when it is in effect, those agencies have the resources to operate. I look forward to continuing this conversation, and to seeing the report when it is tabled in the House.

Opposition Motion—Tougher Penalties for Child Predators ActBusiness of SupplyGovernment Orders

5:20 p.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

Mr. Speaker, I wonder if the member could help out with this from his discussions with his colleagues, particularly those who were here in the previous Parliament.

This was a bill that was introduced by my successor, the Hon. Peter MacKay. The bill did one of the things that gets talked about here a certain amount of time, such as increased mandatory penalties for certain sexual offences against children, and increased maximum sentences for violations of prohibition orders and peace bonds. A big part of the bill addressed what we are talking about, and that is the public sex offender registry.

Here is where I want to get some assistance from the hon. member. When this bill came up for second reading, I still remember to this day that it was supported by the Conservatives, Liberals, and the NDP at second reading to send it to committee. Believe me, it sticks out in my mind when the NDP and Liberals were supporting a bill that we presented to get tougher on crime. I am sure it may have happened some other time, and maybe it will happen again in the future. That being said, the bill was sent to committee, and when it returned here at third reading, it was carried by a voice vote here. Therefore, we had support all the way along. It was not something that came up three days before the election that the Conservatives were going to put in. As my colleague for St. Albert—Edmonton pointed out, it was consistent with what we were doing.

The NDP supported us on this on the registered vote at second reading. We got it passed easily at third reading. What happened in the meantime? Does the member have any theories as to why the Liberals have changed their minds on this?

Opposition Motion—Tougher Penalties for Child Predators ActBusiness of SupplyGovernment Orders

5:20 p.m.

NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, I was not present in the previous Parliament. I did work for former MP Jean Crowder as a constituency assistant, so I did have some awareness of what was going on in the previous Parliament. The member is correct that we supported Bill C-26. However, as I identified in my speech, we did have a few issues with the bill. We tried to move some specific amendments to make it stronger, in our view.

As to what has happened since June 2015 until now, I did mention in the conclusion of my speech that Public Safety officials and the RCMP are currently conducting a review. They are studying further the possible merits and drawbacks of such a public database. I think we owe it to those officials who have made a career out of public safety, who study this issue, and who know the best practices to conduct their review and hopefully report those findings back to the House so that we can then proceed with an informed decision.

Opposition Motion—Tougher Penalties for Child Predators ActBusiness of SupplyGovernment Orders

5:20 p.m.

Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

Resuming debate, the hon. member for Medicine Hat—Cardston—Warner.

The hon. member only has about five minutes, because we will be stopping at 5:30 p.m.

Opposition Motion—Tougher Penalties for Child Predators ActBusiness of SupplyGovernment Orders

5:25 p.m.

Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Mr. Speaker, those who know me well know I am a man of few words, so that should be more than sufficient to get across what I need to say today.

I rise to speak to Bill C-26, an act to amend the Criminal Code, specifically the high-risk sex offender database. What is interesting, as was pointed out by my colleague, is that this bill was introduced by the Hon. Peter MacKay back in February of 2014, and because Parliament rose for the summer for the 2015 election, it did not become enacted into law.

Bill C-26 summarized a number of things. It amended the Criminal Code, among other things, and there is a whole list of them there, which are great amendments in the bill. More specifically, it enacted the high-risk sex offender database to establish a publicly accessible database that contains information police services or other public authorities have previously made accessible to the public with respect to persons who are found guilty of sex offences against children and pose a high risk of committing crimes of a sexual nature. It is important to realize that what is intended in that specific piece of legislation is not information that will be made up. It is already available to the public.

One of the reasons this database is great is that in my previous life, I, too, as the hon. member across the way pointed out earlier, was involved in ensuring that as a police service, we advised our public when there was a high-risk offender being released in our community. We went through the process of ensuring our public was made aware of it. What was interesting about that process was that not everybody was aware of it at the time we made it public, and they had no other place to go find it unless there was a database available. One of the key aspects of this amendment is that there would be a database available for the public, who missed the police initially advising the public of such an offender, where they could find that information out.

What is interesting is that this piece of information, this publicly accessible database, contains specific information about persons who are found guilty of sexual offences against children and who pose a high risk to reoffend. The only information the database would contain under the legislation would be information that the police officer has previously made accessible to the public. This includes the offender's name, any aliases, date of birth, gender, physical description, a photograph, description of the offender's offences, any condition by which that offender is bound, and the name of the city, town, municipality, or other organized district in which the offender resides. That is information that is rightfully available and should be rightfully available to the public.

As I said, not everyone is available to hear the first pieces of information the police provide in a media release to the public. Some people move into a community after that release is done. It would be great to have a database available so that parents can access it and find out who and where these people might live.

The other interesting thing is that before this information is put into the database, the offender is notified of the intent to do so. That is also a critical component, as we found out in the past. In my previous life, this was something that we did on a regular basis.

What is unfortunate is that this did not receive the royal assent, as the Parliament session ended for the summer and an election was called. No money could be allocated for this, as it was not up to the government at that point in time for the implementation.

My suggestion is that the responsibility falls squarely on the shoulders of the current government to implement this act. It has had two years to do so and we still have no action on it.