Mr. Speaker, today I rise to participate in the second reading debate of Bill C-22, An Act to amend the Criminal Code (age of protection) and to make consequential amendments to the Criminal Records Act.
There are many reasons that Bill C-22 is so welcome. It realizes an important component of this government's tackling crime commitment to safeguard Canadian families against sexual predators. This commitment in turn reflects the importance that Canadians ascribe to the protection of children and youth against sexual exploitation. Most important, Bill C-22's reforms will finally provide 14 and 15 year olds with much needed additional protection against adult sexual predators.
Bill C-22 proposes to raise the age of consent from 14 to 16. Age of consent, or age of protection as Bill C-22 now calls it, refers to the age at which the criminal law recognizes the capacity of a young person to engage in sexual activity. All sexual activity with a young person below the age of protection is prohibited, and of course any non-consensual sexual activity, regardless of age, is prohibited.
It is not unusual for the law to prescribe lawful conduct based upon chronological age. For example, in the criminal law context, the age of criminal responsibility is 12 years. In other contexts, conduct is regulated by age for various purposes, including for example, attaining the age of majority, driving a motor vehicle, consuming alcohol and tobacco, mandatory attendance at school, and working.
Such legislation clearly recognizes that children and youth need to be protected. This is the framework within which the existing Criminal Code prohibitions against sexual activity with children and Bill C-22 operate.
Currently, the age of protection is 18 years where the sexual activity involves prostitution, pornography, or it occurs within a relationship of authority, trust, dependency, or one that is otherwise exploitative of the young person. For example, sexual activity between a teacher and his 17-year-old student, even if she purported to consent, is prohibited and has been since 1988. I am glad that Bill C-22 will maintain this age of protection.
The present age of protection for other sexual activity is 14 years. The Criminal Code currently has an exception for 12 and 13 year olds. They can consent to engage in sexual activity with another person who is less than two years older but under 16 years and with whom there is no relationship of authority, trust, dependency, and it is not otherwise exploitative of the young person.
Bill C-22 will not change this close in age exception for 12 and 13 year olds, but will increase it from 14 to 16 years of age so that 14 and 15 year olds will benefit from the same protection that 12 and 13 year olds have now.
Bill C-22 also proposes to create a new close in age exception for 14 and 15 year olds. Under this proposed new exception, 14 and 15 year olds could still consent to sexual activity with another person, provided that the other person was less than five years older and that the relationship did not involve authority, trust, dependency and was not otherwise exploitative of the young person.
I am very pleased to see this proposed close in age exception for 14 and 15 year olds. It reflects an appreciation of the basic realities, namely that, like it or not, young persons, specifically 14 and 15 year olds, are sexually active.
In February 2006 the Canadian Association for Adolescent Health and Ipsos released the results of a national survey of 14 to 17 year olds on their sexual behaviour and knowledge. The survey revealed that 27% of youth between 14 and 17 years of age reported being sexually active and 20% of youth age 15 reported being sexually active. It found that on average, teens have had three partners since becoming sexually active.
While some may find these statistics startling, the government has clearly said that the objective of Bill C-22 is to criminalize adults who sexually exploit youth and not to criminalize teenagers who engage in consensual sexual activity with their peers. Bill C-22's proposed close in age exceptions ensure that this is the case.
Bill C-22 also proposes another time limited exception for defined relationships that already exist when the new age of protection act comes into effect, relationships that would otherwise become illegal by virtue of the fact that the partner is five years or more older than the 14 or 15 year old.
Specifically, Bill C-22 proposes that existing marriages involving a 14 or 15 year old and a spouse who is five years or more older be excepted from the new age of protection. Similarly, if it is an existing common law relationship as defined and it is not a relationship of authority, trust, dependency or one that is otherwise exploitative of the young person, it will benefit from a time limited or transitional exception.
This means, if the couple had already been cohabitating in a conjugal relationship for the period of at least one year or for a period of less than one year but the relationship had already produce a child, whether born or is expected, when the new age of protection comes into effect, the relationship will have an exception that is otherwise illegal. I want to reiterate, though, that these exceptions would be transitional or time limited and would not apply to such a couple, for example that seeks to marry or establish a common law relationship after the new age of protection comes into force. Clearly, to allow such a relationship would be contrary to the objective of Bill C-22.
I have gone into some detail in describing the exceptions proposed by Bill C-22 because it is very important that they be fully appreciated and understood. During the previous debates on private members' bills and motions that sought to increase the age of consent, a major criticism of those efforts was always that they had not adequately addressed what is clearly the objective of Bill C-22: how to prohibit adults from sexually exploiting teens without criminalizing teens themselves for engaging in sexual activity with other teens.
Bill C-22 does exactly that. It builds upon the existing Criminal Code framework for age of protection and it provides the necessary safeguards to prevent the criminalization of teenagers who engage in consensual sexual activity with other teens.
The message in Bill C-22 is very clear. It is directed at adults, not at youth, and it is this. If one is five years or more older than a young person, one is prohibited from engaging in any form of sexual activity with that young person. Under Bill C-22 there is no more uncertainty about whether 14 or 15 year olds consented or purported to consent to sexual activity. Their consent becomes irrelevant. The focus and onus is on the adult as it should be.
I believe it is in the interest of all hon. members to support Bill C-22. It sends a clear message now to adult sexual predators, namely that Canada protects its children and will deal sternly with those who threaten them.
I would like to move on to another big reason why I am so supportive of Bill C-22. The bill is good for the people of my riding. Residents from all over my riding, be they from Peterborough, Havelock, Norwood, Ennismore, Bridgenorth, Curve Lake or anywhere else, have been telling me that they want their children protected from sexual predators. They are frustrated with laws enacted by the previous governments, which fail to keep their children safe, which fail to recognize exploitation for what it is and which undermine one of the key building blocks of our communities, the family.
Bill C-22 is in line with what our government has promised to do, namely to restore balance in the justice system and crack down on crime. Getting tough on crime involves protecting our children and citizens from those who threaten them. This is a two-pronged approach. The first is to ensure that imprisonment is imposed on those who commit serious crimes. The second is to ensure that what constitutes a crime is properly defined by the lawmakers of our country.
It is the duty of the lawmakers of Canada work in line with the sentiment and demands of the Canadian public. I happen to be one of those lawmakers. I would be remiss in my duties, as a representative of all people, including those in Peterborough, if I did not support the legislation.
As I have indicated, a provision of Bill C-22 provides a close in age exemption for teenagers who engage in sexual activity with other teens. This is a very worthwhile thing to consider. Governments cannot absolutely regulate human behaviour, in this case the sexual activity of minors.
While not speaking from personal experience, some teenagers are not always the most well behaved when dealing with authority regardless of the issue. Bill C-22 recognizes that teenagers will be teenagers and without explicitly sanctioning sexual activity, keeps the government out of their private lives. This is the correct approach. Young people are not likely to read any government legislation before deciding whether to engage in sexual activity with a partner. This is why our government has taken the lead on this issue, providing protection for young teenagers, not seeking to criminalize them.
Keeping the streets of Peterborough and the country safe has always been and remains a very high priority for me. The people of my riding deserve to walk the streets without fear. Bill C-22 is part of a wider initiative to provide safe streets and communities in Canada. The idea that everyone can walk down George Street in Peterborough and feel as safe as if they were in their backyard is something that is very important to me. Knowing that proper laws are in place to keep sexual predators off their streets will go a long way in Peterborough by showing constituents that their government is governing with their well-being as its primary focus.
A couple of weeks ago I had the honour to attend the 17th annual CSC Chaplaincy Conference held at Sir Sanford Fleming College in my riding. The guest speaker that evening was Jim Stephenson, the father of Christopher Stephenson, a young boy whose tragic and preventable death provided the motivation for Christopher's law. Christopher's law was revolutionary in Ontario as it established a sex offender registry. Christopher's law works to protect our children from sexual predators, and so does Bill C-22.
Bill C-22 has been a long time coming. It recognizes the concerns of Canadians, including those in the Peterborough riding who want to see their children protected from sexual predators by raising the age of protection from 14 to 16 years of age. The bill should be unanimously supported by all members of this House, and I call on all members to do just that.