Mr. Speaker, we are all opposed to sexual exploitation of children and the minister has clearly indicated that he will look at all types of measures and bring forward something toward the end of this year.
Lost his last election, in 2008, with 29% of the vote.
Age of Consent November 6th, 2002
Mr. Speaker, we are all opposed to sexual exploitation of children and the minister has clearly indicated that he will look at all types of measures and bring forward something toward the end of this year.
Age of Consent November 6th, 2002
Mr. Speaker, that is sheer nonsense.
Age of Consent November 6th, 2002
Mr. Speaker, I answered this question yesterday in the House, but it does deal with the various cultures within our multicultural society that have different sexual mores, and they are taken into consideration. They are represented and reflected by the provinces and the territories at the meetings that are currently going on.
We are going to look at broad ways of dealing with the issues. The minister is going to follow up on these issues and see what we might be able to do, looking at the predators that are involved in these matters.
Age of Consent November 5th, 2002
Mr. Speaker, there are many issues that relate to this matter, whether it be in marriage or the way in which people deal with the social structure of the particular society they are living in.
The matter is very clearly and well defined. We will not go forward with any further initiatives in that area until such time as we come up with a solution that makes sense and has the consent and consensus of all those who are involved in this matter.
Age of Consent November 5th, 2002
Mr. Speaker, I think it is very clear that with respect to the age of sexual consent, it is important, and the provinces and the territories are taking this into consideration, that there are many social and cultural differences that have to be reflected in that law. Accordingly, we will work with the consensus.
Age of Consent November 5th, 2002
Mr. Speaker, as I mentioned in the House yesterday, this matter is being considered at the federal, provincial and territorial meetings and it is the result of a long period of consultation. We are going to follow through with that, try to reach a consensus and then bring forward legislation if necessary.
Criminal Code November 4th, 2002
Mr. Speaker, clearly, children are a priority of the government. I do not think there is any doubt on this side of the House that we have attempted through Bill C-15A, which is now in legislation dealing with Internet luring, that we are not taking action. We are taking action.
Age of Consent November 4th, 2002
Mr. Speaker, there is something clearly wrong with the member's question and it relates to the issue of prostitution. If she is referring to prostitution as bringing tourists to this country, the age of consent for prostitution is 18.
Age of Consent November 4th, 2002
Mr. Speaker, clearly the government has been looking at this. We set up a consultation process in 1999. It was brought forward in February of this year. The ministers directed their officials to bring forward recommendations. This week in Calgary they are bringing forward those recommendations and we will see what they result in.
Criminal Code November 4th, 2002
Mr. Speaker, I rise today to speak to Bill C-215, an act to amend the Criminal Code respecting certain prohibited sexual acts. I welcome the opportunity to speak to the bill because, and as the hon. member has stated, the objective of the bill is important, namely, to better protect our children against sexual exploitation. The government's commitment in this regard is clear and strong. It is committed to protecting children from sexual, and indeed, all forms of exploitation.
As stated in the Speech from the Throne, the government believes that Canadians have a collective responsibility to protect our children from exploitation in all its forms. The government is committed to reforming the Criminal Code to increase penalties for abuse and neglect, and to provide more sensitive treatment for children who participate in criminal justice proceedings as victims and as witnesses.
Although we can agree on the importance of the bill's objective, the government does not support it. Bill C-215 addresses an issue which hon. members know has received considerable attention in recent months. The government welcomes this debate today for it is through such discussions that we are able to broaden the knowledge and understanding of the issue at hand.
I would like to take a moment to review the facts about the minimum age of consent in Canada. I want to do this because I am aware that the discussion of this issue in recent months has sometimes reflected a misunderstanding of Canada's criminal laws that protect children against sexual exploitation. This is not entirely surprising because the issue of the age of consent to sexual activity is complex.
The Criminal Code sets the age of consent at 14 years of age for most purposes, but there are two notable exceptions. First, where the relationship is exploitive, the age is set at 18 years. For example, the consent to sexual activity by a young person who is 14 years of age or older but under the age of 18 years is not valid where the older person is in a position of trust or authority over the young person, or the young person is in a position of dependency upon that older person. The age is also set at 18 for purposes relating to prostitution and child pornography. These are important facts that seem to not find a proper expression today.
Second, where the young person is close in age to the older person, the age of consent can be 12 years where the older person is 12 years or older but under the age of 16, is less than two years older than the younger person, and is not in a position of trust or authority toward the younger person, and the younger person is not in a relationship of dependency with the other.
I want to be clear on this. Any non-consensual sexual activity, no matter what the age, is sexual assault. I also want to note that the general minimum age of consent to sexual activity has been 14 years of age since 1890 when it was raised from 12 years of age. The issue of age of consent to sexual activity is a complex issue. It is an issue on which there is a divergence of opinion.
At the end of 1999 the Department of Justice launched a comprehensive public consultation and review of the need for further criminal law reforms to enhance the criminal law's protection of children. This consultation and review focused on the need for criminal law reforms relating to specific offences against children, sentencing, facilitating child victim and witness testimony, and the minimum age of consent.
Hon. members will recall that the Minister of Justice discussed the results of this consultation and review with provincial and territorial ministers responsible for justice in February of this year. Ministers then directed federal, provincial and territorial senior officials to develop follow-up responses for consideration by ministers. I can indicate to hon. members that this matter will be discussed at the current meeting of the federal, provincial and territorial ministers responsible for justice in Calgary this week. I suggest that we should await the outcome of these discussions.
I believe that Canadians do want to better protect children against sexual exploitation, including new forms of sexual exploitation, and yet, Bill C-215 does not respond to this concern.
Last year the government introduced Bill C-15A, which included amendments to the child pornography provisions of the Criminal Code. Bill C-15A created a new offence of using a computer system, such as the Internet, to lure a young person for the purposes of committing one of the enumerated sexual offences against the child. This new offence is now found in section 172.1 of the Criminal Code and I am pleased to note that it was proclaimed on July 23, 2002.
Recent media accounts indicate that this new offence is being used to charge persons who have used the Internet to lure persons under the age of 14 years, yet Bill C-215 does not address this new offence of luring.
Bill C-215 does not address section 810.1 of the Criminal Code which permits the granting of a recognizance order or peace bond to prohibit a defendant from attending specified places, such as parks and school grounds, where children under the age of 14 years could reasonably be expected to be found and there would be reasonable grounds to believe the defendant would commit a sexual offence against a child.
I note these two omissions to illustrate my point that the issue of the age of consent to sexual activity is complex. There are many related provisions in the Criminal Code to protect children against sexual exploitation and abuse. We must take care to ensure that any legislative reform in this area is responsive to the concerns at hand, is reflected in all related Criminal Code provisions, and does not have unintended negative consequences. Bill C-215 does not do this. For all these reasons, the government does not support Bill C-215.