Mr. Speaker, I will be sharing my time with one of my colleagues.
My colleague, the Minister of Justice, has acted quickly to support the decision of the attorney general of the province of British Columbia to appeal this ruling as quickly as possible in order to protect children. I applaud the quick action of my colleague and that of the Government of British Columbia.
This government will not rest until this issue has been properly addressed and has received the benefit of legal opinion of the appeal courts. Children in our society are vulnerable and must be protected from exploitation. With an appeal court ruling on this important issue we will all be better placed to craft better laws to protect our children.
There are some issues of sheer common sense at stake here. For example, can there be any question that the possession of child pornography is exploitation? I do not think that there can be. I do not think that there can be in the minds of the vast majority of Canadians who in my experience care deeply about children as do members of the House.
We as legislators have a duty to be as smart and as skilful as we can in crafting laws to protect our children. We must use every resource available to us to protect the human rights of children. One of those resources, a very valuable resource, is the appeal court. We have come a long way in the country to ensure that our children have every opportunity to have a good start in life. We work hard to create an environment that ensures their security and their happiness.
Nevertheless, child pornography risks the security and happiness of Canada's children and youth. That is why the Government of Canada has in statute very clear laws defining both child pornography and stating in a concise manner how the possession of child pornography will be dealt with.
The Reform Party is clearly not respectful of these laws or respectful of the Canadian jurisprudence. However I have faith and respect in the Canadian court system. For that reason I cannot support the motion before the House.
This does not mean that I do not stand in solidarity with my colleagues opposite as well as every other member in the House on the issue of the negative and very dehumanizing and demoralizing impact of child pornography. I believe in the court process and I believe in the wisdom and ability of the House to enact laws in this area that can withstand legal challenges.
I believe that our laws are clear. The arguments of my hon. colleagues that the notwithstanding clause in our Constitution should be used in this situation are not persuasive. They think that using it is good politics but it is not the most effective means of protecting our children. The notwithstanding clause was only intended to be applied when all legal avenues were exhausted in sections 2 and 7 to 15 of the charter of rights and freedoms.
I do not believe that the charter as negotiated by our Prime Minister when he was minister of justice would allow in any way child pornography. If we took the advice of the Reform Party the issue would come back to haunt Her Majesty's Loyal Opposition.
What members of the Reform Party may not understand about the notwithstanding clause is that it may only be applied for five years at a time. While they may think they are sweeping the whole situation underneath the carpet by imposing section 33 of the charter, this issue would rear its ugly head again and again with periodic reviews required for the use of section 33.
I appeal to my colleagues to understand that this is not a resolution. This is a reaction. I believe the attorneys general for B.C. and Canada have chosen a more permanent solution by having faith in our laws enacted by the House, by having faith in the charter of rights and freedoms, by having faith in the international convention on the rights of children and by having faith in our appeal courts.
The debate that this issue would stimulate every five years if the opposition would get its way is unnecessary when the courts can decide to put an end to it once and for all. The Reform Party would try to spin our refusal to support its motion and say that the Liberal government is not willing to stand up to child pornography. The opposite is true. The Reform tactic of trying to score political points by debating verbose and confusing motions can only do more harm than good for children in Canada.
No member on this side of the House or probably on any side of House believes that anyone who possesses, distributes or promotes child pornography has the constitution right to do so. On this side of the House we believe in respecting Canada's judicial process and making it work to our advantage. That is why the Minister of Justice is supporting her counterpart in B.C. That is why the Government of Canada is taking an active interest in protecting Canada's children. That is why I am addressing in the House of Commons this very important issue. As controversial and as sensitive as it might be, I was compelled to do so. We share a common concern. All members do as well as the general public.
This past summer I was fortunate to attend the first world ministers meeting of ministers responsible for youth. This meeting had particular relevance to this issue as one of the resolutions specifically dealt with the sexual exploitation of young women and men. This resolution which has now gone to the United Nations calls on member states to take active measures to prevent this exploitation.
This section of the Lisbon declaration is consistent with what has been previously negotiated on the world stage. The United Nations has specifically dealt with child pornography in its convention of the rights of the child. The convention reads:
State Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes State Parties shall in particular take all appropriate national bilateral and multilateral measures to prevent: c) the exploitive use of children in pornographic performances and materials.
As a member state of the United Nations, Canada is part of this convention and fully supports this initiative in preventing child pornography. Pornography in all its forms is unacceptable in any society. All efforts must be taken to stop exploitation of the vulnerable. Members in the House should respect the courts. All of us should respect the processes that have served our country so well.
I leave the House with a quote from one of the world's greatest leaders, Nelson Mandela, who said about children:
It is my deepest conviction that children should be seen and heard as our most treasured assets. They are not ours to be used and abused, but to be loved and nurtured and encouraged to engage life to the full extent of their being, free from fear.