Mr. Speaker, I rise today to speak to what has been described by almost all members as a very difficult and troubling subject, the sexual exploitation of Canada's kids.
As the youngest member of the House at 25 years of age, I am proud to be supporting today's Canadian Alliance motion which reads:
That the government immediately introduce legislation to protect children from sexual predators including measures that raise the legal age of consent to at least sixteen, and measures that prohibit the creation or use of sexually explicit materials exploiting children or materials that appear to depict or describe children engaged in sexual activity.
One of the worst things we do in this society is destroy the innocence of the young before their time. We do it through television, through language, through movies and through our social and moral complacency. Now, sadly, we are doing it through our laws by not using every and all known measures possible to prevent the exploitation of kids.
In 1987 the Progressive Conservative government of the day reduced Canada's age of consent for sexual activity from 18 to 14 years of age. The stated reason for the change was that government did not want to criminalize teens who were sexually active with other teens, not that many if any such charges were ever laid. However, since no restriction on the second person's age was mentioned, the law gave legal permission for fully grown adults to engage in sexual activities with 14, 15, 16 and 17 year olds.
Both the provincial attorneys general in Canada and the Canadian Police Association are in favour of raising the age of consent to at least 16 years of age in accordance with the Canadian Alliance motion. In November 1999, after a decade of seeing the terrible results of having lowered the age of sexual consent, a federal justice department paper recommended raising the age of consent from 14 years old back up to 18 years old.
The report states:
There will always be some people who seek out vulnerable children to satisfy their own dangerous impulses, frustrations or need to dominate, in spite of the law and the disapproval of the vast majority of Canadian society.
Immature, inexperienced youngsters are unlikely to have adequate knowledge of the implications and consequences of sexual activity. The relatively low age [of consent] may allow pimps, for instance, to seduce young girls without fear of prosecution, with the intention of luring them into prostitution.
Unfortunately, like so many of the countless reports, papers, recommendations and issue discussion papers that are financed by taxpayers and brought to the government for consideration and attention, this paper was also dismissed.
However a new urgency in dealing with the subject of the exploitation of children was created when on March 26 of this year John Robin Sharpe was found guilty of possessing about 400 photographs of boys engaging in sexually explicit activity but was acquitted on the charges of making and distributing child pornography in the form of his own written work. Mr. Justice Duncan Shaw said that the written works describing sadomasochistic violence and sex with men and young kids is “morally repugnant” but still has “some artistic merit”.
What this means in application is that these writings are now legal and can be published. John Robin Sharpe and others of his perverted sort can now posture as artists and write and publish their most demented thoughts and desires about any sexual act with kids.
In order to successfully prosecute, the police and prosecutors now have to prove that the child pornography in question lacks John Robin Sharpe artistic merit. In other words, the best efforts of our law enforcement community to stop child pornography will be like cobwebs trying to lasso a locomotive; futile.
What a cruel turn of affairs. The decision surprised and disturbed me and countless of my constituents and Canadians. I want to take this opportunity to mention one particular constituent, a gentleman by the name of Doug Stead. I first met Doug by being active in the Canadian Alliance and through a tragedy that happened in his family. He has spent countless hours of his time and countless dollars out of his pocket to crusade and actively get involved. As members of parliament we all get lobbied on countless issues but Doug Stead, on the issue of the protection of Canada's kids, has been so persistent and amazing in providing me information that he really has shown what citizenship in a free country should be all about, when citizens rise up to challenges and frustrations at our system of law. Frankly, it is in large part due to his efforts that the Canadian Alliance is actively pushing this issue here today in the House.
The broad interpretation of artistic merit that was in the John Robin Sharpe case suggests that Canada's legislation has weaknesses that may not allow us to protect Canadian children to the best of our ability. Possessing child pornography is not a victimless crime. It degrades, dehumanizes and sexually exploits kids.
The demand for child pornography leads to its continued production and distribution. To suggest otherwise is naive and absurd.
The idea that possession of one's own pornographic writings is harmless, especially in this electronic age of easy transmission where publication of material on the Internet is difficult if not impossible to control, simply ignores modern realities, as the Leader of the Opposition just said.
Some say we must be careful not to restrict freedom of expression. I say if there is any place that cries out for society to say no, it is in the area of child pornography. I do not accept the concept that people should be free to defile children either physically or in writing. I do not accept the concept that there can be artistic merit in the victimization of children. I also do not accept the concept that the intention of exciting or arousing a passion that is perverted, illegal, immoral and in all fashion and form reprehensible to a civil society is acceptable in any form even if it is based on the rather farfetched notion that the creators of such offensive material will not share with others and will keep it only for themselves.
The protection of society's most vulnerable members is our most important duty and responsibility. Ensuring that our children have the opportunity to be the best that they can be is our primary function. It is only through the protection of our children and the promotion of their successes that we can defend against and defeat so many of the ills that exist in our society, be it poverty, domestic violence or criminal activity, which cost our society enormously both in human and economic terms and serve to clog our courts and prisons.
Unfortunately we are failing at this task. The Progress of Canada's Children in the Millennium report of January 2000 stated that the child sex trade exists everywhere in Canada, from large to small communities. It was estimated there were 100 child sex trade offences every single day in the city of Vancouver. RCMP Sergeant John Ward commenting on the report in the Toronto Star said information about Vancouver's Kiddie Stroll where kids were picked up by adults was now on the Internet, complete with prices, making Canada a tourist destination for the child sex trade.
In November 2000, an international report on child abuse by an organization called End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes, ECPAT, singled out Canada as a haven for sexual predators of children. The report stated that Canada has one of the youngest ages of consent for sexual activity at 14 whereas other countries were raising their age of consent to 18 years.
At one point Canada was considered a global leader in combating the sexual exploitation of children. Regressive age of consent laws, flawed legislation and an overall lack of planning by the federal government are now turning Canada into a venue for the sexual exploitation of kids according to this report.
The motion we are debating today states:
That the government immediately introduce legislation to protect children from sexual predators including measures that raise the legal age of consent to at least sixteen, and measures that prohibit the creation or use of sexually explicit materials exploiting children or materials that appear to depict or describe children engaged in sexual activity.
This is a step in the right direction to re-establish Canada as one of the leaders in protecting kids. One of the worst things we can do in a society is to destroy the innocence of the young before their time. This is our opportunity to rally together across party lines and move Canada forward.
Abraham Maslow has a theory called Maslow's hierarchy of needs. At the bottom of it, the first need of any living, breathing citizen is the freedom from fear, the freedom from exploitation and the freedom from abuse of other citizens. We have a responsibility and it is the first responsibility of the state. Outside of balanced budgets, an efficient economy, national infrastructure, court or parliamentary system that is functional, the number one responsibility of the state is to protect those who play by the rules from those who do not. It is article one of Abraham Maslow's hierarchy of needs.
This place has failed kids, the most vulnerable of our society. We have failed children. If we were to pass the motion, it would be a step in the right direction. We would walk forward together and say this would not happen any more. We would be united. We would change our laws and progressively move this country forward in a way that would protect our most prized possession, our kids.