moved that Bill C-284, an act to amend the Criminal Records Act and the Canadian Human Rights Act (offences against children), be read the second time and referred to a committee.
Madam Speaker, it is a pleasure to speak to Bill C-284 this afternoon. The bill proposes to amend the Criminal Records Act and the Canadian Human Rights Act with respect to sexual offences against children. I was pleased that the bill was drawn and made votable. I do not buy lottery tickets but I feel like I have won.
The bill addresses some of the very real concerns of parents. It addresses some of the procedural shortcomings of our current policies regarding an individual's criminal record. Essentially the bill allows for the disclosure of an individual's criminal record if the individual has been convicted of a sexual offence against a child and later applies for a position of trust with respect to children. We would think that this would be the current case but it is not.
Before I delve into the details of the bill, I would like to lay out the big picture that lies at its heart. Our families are the building block of society. Children are our nation's future.
As one of the constitutional principles of my party, we “affirm the value and dignity of the individual person and the importance of strengthening and protecting the family as essential to the well-being of individuals in society”. Our children are a most precious resource as they are our future. If we protect our children we are protecting the future of Canada.
Reformers are concerned about the safety of our children. Reformers are concerned about ensuring that those responsible for children will not abuse their position of trust. Reformers are concerned about how difficult it is for children's organizations to know whom it is that they are hiring and to be sure that they are not putting children at risk.
Especially with respect to sex offences against children, Reformers and hopefully all of us in the House are concerned about protecting those most vulnerable from the potential sexual predator. We justifiably recoil in horror when we hear some of the stories of children being sexually abused. As parliamentarians in the House we have the responsibility to fulfil the fundamental role of government to ensure the protection of our citizens. This is particularly true for children who are the most innocent and vulnerable in society.
Bill C-284 before us today is designed to help address these legitimate concerns. It would enable those responsible for children to make fully informed decisions about whom they hire. It would help ensure public confidence that those responsible for children or looking after children have not abused this position of authority in the past.
Bill C-284 was based on an earlier bill in the 35th parliament tabled by the Reform member from Fraser Valley, which again underlines our commitment to children and families. His bill was in response to a petition from over 25,000 people across Canada which called for specific changes to prevent those convicted of sex offences against children from holding positions of trust over children. This is what Bill C-284 is concerned about. This could effectively be achieved when Bill C-284 is passed.
Let us look at the mechanics of our current legal system in this regard. It is true that when one is convicted of an offence, including a sexual offence against a child, one receives a criminal record and justifiably so. It is true that if a person applies for a position of authority over children in day care, et cetera, the children's agency may do a record check, flag the fact that the person has been convicted of such an offence and take these facts into consideration when considering a job application. This all makes sense and that is how it should be.
Where is the weakness in our current laws? The weakness occurs when an one's sentence is completed and one receives what is termed a “ pardon”. Let me be clear that “a pardon does not erase the fact that you are convicted of the offence”. This is a direct quote from the pardon application booklet of the National Parole Board. The individual has still committed the offence.
Rather, a pardon allows people convicted of a criminal offence to have their criminal record sealed and effectively erased from the public record. This means once a pardon is awarded for an offence for which one is convicted, any federal agency or department that has records of convictions must keep those records separate and away from the public. Therefore, once a pardon is granted the fact that a person was convicted of a criminal offence will not be disclosed or made accessible to anyone without prior approval of the Solicitor General of Canada which, for practical purposes, is an impossible process.
Essentially once a person receives a pardon for a previous conviction there is no record accessible to the public that there ever was such a conviction or that the pardon was ever even granted.
I do not want to spend too much time debating the merits of pardons, although I will note that according to the National Parole Board for the last number of years 96% of the total decisions it makes are in favour of granting pardons. Very few are denied. More specifically, in 1996-97 there were 18,294 decisions made and 104 decisions were denial, 1% of the total.
With that background let us go back now to Bill C-284. In the preamble of the bill it recognizes that there are certain circumstances in which it may be appropriate to grant a pardon to a person who has been of good behaviour following a conviction for a criminal offence and a period following the completion of the sentence.
Bill C-284 also recognizes that if a person has been granted a pardon for an offence the record of that offence should be kept separate from other records and access thereto should be given only in cases where public interest overrides the privacy of the record.
Bill C-284 would submit that public interest clearly overrides the privacy of the record in connection with the interests of caring for children, particularly when those responsible for children are reviewing applications for employment in positions of trust regarding children.
However, as I earlier indicated, once a pardon has been granted for any offence, including sexual offences against children, the current official policy is don't ask, don't tell. Employers guided by the Criminal Records Act are not to ask someone to disclose a conviction for which a pardon has been granted or issued.
To rectify the situation Bill C-284 proposes to allow the limited disclosure of an individual's criminal record when an individual applies for a position of trust with respect to children, even where a pardon has been granted.
I hear one member saying that makes good sense. I hope we can all concur and speedily pass it through the House.
Children's organizations would then be able to identify those who are more of a risk of abusing a position of trust with such a disclosure, the end result being better protection of Canadian children.
I think we will all agree that the protection of our children is paramount. Those who have suffered from sexual abuse characterize it as a life sentence. We in Parliament have a responsibility to ensure that when one's child is being placed in the hands of another individual those hands are not likely to be abusive. These are the concerns of Bill C-284.
The bill would enable those responsible for children to make fully informed decisions about who they hire. Bill C-284 would give parents with children in third party care the assurance that those responsible for looking after their children have not abused this position in the past. This is important because all the evidence indicates that individuals who have sexually abused others in the past are at greater risk to repeat this abusive behaviour. I will speak further to this a little later, but first I will summarize the particulars of the bill.
First, it is specific in its intent in order to better protect children from those who have been abusive in the past.
Second, Bill C-284 proposes to allow for the limited disclosure of an individual's criminal record if the individual has been convicted of a sexual offence against a child and later applies for a position of trust with respect to children. Such a disclosure will include an individual's criminal record for a previous sexual offence against a child or children, even if one had served one's sentence and had later received permission to have the notice of a conviction removed from the individual's criminal record.
Bill C-284 does not propose that sex offences against children can never be pardoned, although that might be another reasonable thought. The bill does not propose that if one makes a mistake such as this it should be forever on one's criminal record. Again, that might have merit but that is not what this bill is all about.
Rather, Bill C-284 proposes that if one does sexually abuse children that person could effectively be prevented from holding a position of care or authority over children ever again. Those responsible for children will be able to see that a job applicant has abused such a position in the past and thus be more judicious and wise in their hiring practices.
Why is Bill C-284 necessary? Essentially it sends a message that protecting our children is paramount. Bill C-284 provisions are common sense and because studies have shown that those who abused children sexually once are more likely to do it again. This is not harsh on my part. Those are the facts.
Correctional Service Canada studies have shown that about one third of all sex offenders are convicted of a new criminal offence after release. I am referring to a study done in 1996 by Correctional Service Canada, “Forum on Corrections Research”. To reference this same source, according to the offenders intake assessment process most of the 808 recent federal admissions with a sexual offence history had recommitted a sexual offence.
There are other studies I can quote but for sake of time I am going to move on to one other study which indicated that sexual offenders who had committed sex offences in the past had a subsequent sexual recidivism rate of about 30%. Again, not to use my words, but to quote this study's authors, the strongest predictor of repeating sexual assault crimes was not surprisingly a previous sexual offence.
Bill C-284 would address these troubling statistics by giving responsible agencies the means to deny sex offenders the ability to place themselves in high risk situations ever again. It would be good for both the offender and of course for the children.
What about the right to privacy, some may ask. In a May 1996 discussion paper the privacy commissioner explained the Privacy Act does not prevent the release of personal information if it is in the public interest to release such information. In fact, the act specifically permits the release of personal information in public interest.
The April 1996 RCMP protocol manual defines public interest as “evaluated on the basis of whether it is specific, current and probable, where there is a possible invasion of privacy balanced against a public interest, consideration may be given to who would be receiving the information and whether any controls can be placed on further use or release”. That is from the RCMP disclosure of personal information in the public interest document.
I submit the disclosure provisions in Bill C-284 fall well within the accepted protocol for the release of personal information, of which one's criminal record is a part.
It is in the public interest for children not to be exposed to those who have abused them in the past and are more likely to do so again in the future, as the statistics I have quoted so clearly show.
It is in the public interest for parents to have confidence in those who are caring for their children, to evaluate public interest on the basis of whether it is specific, current and probable.
Bill C-284 is specific in that the disclosure takes place only when those responsible for children request the information upon reviewing an individual's job application for a position of trust with respect to children. Therefore it is specific. Bill C-284 is current in that disclosure takes place only if an individual applies for a position of trust over children. If no appropriate application is made, then no disclosure is given.
Bill C-284 is probable in that it allows for disclosure only during the time an individual applies for a job with children and information disclosure is very relevant to the situation.
Overall the bill is important for the protection of our children.
Those who have suffered from sexual abuse characterize it as a life sentence. I am quoting Abby Drover who as a 12 year old was held captive in an underground bunker in 1977.
How can we say no to parents and child care agencies crying out for this simple straightforward tool to protect innocent children? How can we say no to the protection of our children as we look into their eyes, place them in someone else's hands, close the door and drive away? We cannot.
Children and their parents thank members for their anticipated support and speedy passage of this bill.