Mr. Speaker, I came in here this morning expecting to be dealing with Bill C-35. I certainly agree with the recommendations in this report. As my hon. colleague indicated, we should stay very focused on these recommendations but move forward.
The amendment that my colleague moved for in the concurrence report is just another effort to politicize another terrible issue that we are concerned about, injuring the very victims who we are talking about in the recommendations from the Standing Committee on Justice and its recommendations to be more sensitive to the victims. With the amendment that was moved earlier, it is exactly the opposite.
I do want to speak today on this and talk about Bill S-12, which is the government's commitment to victims of crime. I will highlight different parts of Bill S-12, an act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act.
Bill S-12 has three main objectives: first, to respond to the decision of the Supreme Court of Canada last October in R. v. Ndhlovu, which struck down elements of the national sex offender registry; second, to strengthen the effectiveness of the registry; and, third, to empower survivors and victims of crime by changing the rules governing publication bans and a victim's right to information; all three very important.
Today, I want to explain some of the proposed reforms that aim to ensure that the registry continues to be an effective and efficient tool for law enforcement. The RCMP and the Canadian Association of Chiefs of Police have lauded Bill S-12, and we are pleased that the legislation would ensure that the police agencies have what they need to do their jobs to better protect victims of crime and to prevent future crimes.
Bill S-12 would add to the list of offences that qualify a convicted offender for registration. Of particular note, the bill would add the offence of non-consensual distribution of intimate images to the list. The bill would also target so-called “sextortion” by adding extortion to the list when shown that it has been committed with the intent to commit a sexual crime. This is an important step forward in helping the police identify perpetrators of offences, which are becoming far more prevalent in the digital age with which we are dealing.
The bill also proposes a new arrest power in the Criminal Code to address the issue of non-compliance with registration obligations. Currently, it is estimated that up to 20% of individuals with obligations related to the national sex offender registry are non-compliant. This is not acceptable to any of us as parliamentarians and it is not acceptable to Canadians.
The only legislative mechanism to facilitate compliance with the registry under the current law is to arrest an individual and lay a charge under the Criminal Code. However, laying a distinct charge does not necessarily result in compliance, which is the goal. The bill would create a compliance warrant to allow police to seek arrest warrants to bring non-compliant sex offenders to a registration centre to fulfill their obligations under SOIRA.
Another important change is that the bill would newly require registered sex offenders to provide police with 14 days advance notice prior to travelling, as well as a list of the specific addresses where they will be staying during to course of their travels. This will allow police sufficient time to conduct a risk assessment and to notify appropriate law enforcement partners, if necessary, in accordance with their existing powers under the SOIRA.
Next, I would like to discuss the publication ban and the victims information measures. These are critical steps to respond directly to victims' requests of our justice system, which is much of what the report that we have from the Standing Committee on Justice refers to, to ensure that we are listening to the victims.
Bill S-12 proposes publication ban reforms that respond directly to calls from survivors of sexual violence. Victims deserve more agency in the criminal justice process and the ability to tell their own stories if they so choose. They clearly are not being given enough priority and enough opportunities to share their stories.
The various publication ban provisions in the Criminal Code are intended to shield witnesses and victims from further harm by concealing their identity. A publication ban can encourage the testimony of victims and witnesses who may otherwise be fearful of coming forward. As we have heard many times over the last several months about publication bans, people who agreed to them for various reasons actually want them removed. Some survivors and victims of crime have found that publication bans have had the effect of silencing or restricting them. Again, we heard that several times in the last week or so. In fact, I recently saw a news report saying that eight women who were all subject to these publication bans wanted them removed so they would be able to speak about the situation that affected them and use it as an opportunity to educate other people.
Under the current system, we have seen victims convicted of violating a publication ban intended to be for their sole protection and benefit. This is clearly unacceptable. These survivors deserve to share their own stories if they so choose, and it is important that it be their choice and their choice alone, not a condition of some degree of settlement that will restrict them forever. One by one, many of the publication bans being removed are being removed at the request of the victims, at the request of the women who are still suffering as a result of some incident in their lives some years back.
To address this issue, Bill S-12 proposes that judges must ask prosecutors to confirm if reasonable steps have been taken to ensure that a victim has been consulted on whether or not a publication ban should be imposed. This proposal is in line with recommendation 11 of the seventh report of the Standing Committee on Justice and Human Rights, entitled “Improving Support for Victims of Crime”. In addition, Bill S-12 would clarify the process to modify or revoke a publication ban after one has been imposed by codifying the process that currently exists only in common law, which is to say through judicial decisions.
The bill would also ensure that publication bans are applicable to online material, an area that is of extreme importance to us as we move forward. Our young people are exposed to a tremendous number of things on our Internet systems, and we are having to deal with more and more issues, as young people are seeing and participating in things that they should not be. However, much of this online material may have been published before a ban was imposed.
Both of these measures recognize that victims and survivors should benefit from the right to change their minds. Choice to revoke or modify a publication ban should be dictated by the wishes of the victim or the survivor, not an employer or some other organization. However, the bill proposes that a residual discretion be given to the judge to refuse such a request if it would, for example, possibly identify a second victim involved who wishes to remain anonymous. It is expected that these types of scenarios would be extremely rare and that, for the overwhelming majority of cases, a publication ban would be lifted in cases where the victim clearly does not want it in place.
There is no good or right way to be a victim. This legislation recognizes the choice of victims and survivors and provides them with decision-making power. Returning power to victims and survivors of sexual violence can be essential for the healing process and can prevent retraumatization in the criminal justice process. Recently at the standing committee on women, many individuals were talking about their experiences and how difficult it was, and how little support there was, for them to talk about the issues they were facing.
It is important that we get this right. I suspect that many members have already heard from survivors while working on this issue, as I have. I am sure that many of my colleagues from all sides of the House have listened to and heard from many people, men and women, who have been victims.
Survivors are looking to us to fix the publication ban regime to better empower them and to treat them with dignity and respect. With a publication ban in place, they are not able to speak with anybody about the pain and suffering they went through. Removing the publication ban, which is what Bill S-12 is suggesting, would allow them to do that.
I look forward to working with all of my colleagues to ensure that we get this delicate balance right. This is an area that we can review at committee to see if the language can be strengthened further.
I want to take a moment to speak about a victim's right to information about the case of an offender who has harmed them. This right is enshrined in the Canadian Victims Bill of Rights in sections 6, 7 and 8. Bill S-12 would make it easier for victims to access information about their case after sentencing or after an accused is found not criminally responsible on account of mental disorder.
To achieve this goal, the bill proposes several measures. First, it would require that the judge ask the prosecutor whether they have taken reasonable steps to determine whether the victim wishes to obtain this information. Second, the bill would allow victims to express this interest through their victim impact statement. Finally, the bill would require the court to provide Correctional Service Canada with the victim's name and the information if they have expressed a desire to receive this type of information. It is an extremely important part of this bill to give victims the option if they want to receive this information. Not everyone would want it because very often it revictimizes the victims.
Once again, this approach is respectful of the needs of victims and seeks to provide the flexibility required to obtain the information at a time of their choosing. I note that this proposal received particular attention and support from the federal ombudsperson for victims of crime.
The changes contemplated by this bill would meet an urgent need to make the laws governing the national sex offender registry compliant with the charter. At the same time, it would make the registry better able to accomplish its vital purpose of providing police with current and reliable information to investigate and prevent crimes of a sexual nature. It would also take an opportunity to make the criminal justice system more responsive to survivors and victims of crime, including victims of sexual offences.
These reforms are targeted, measured and sensible. They will make a tangible difference for victims of some of the most serious crimes under our law. They align with our government's firm support for victims of crime. We will never leave victims behind, and we are constantly working to improve our justice system to better accommodate victims.
The report that was tabled this morning, on which concurrence has been moved, is from the Standing Committee on Justice and Human Rights, and it has 13 excellent recommendations very focused on how we can make life better for the victims and how we can better respond to the needs of victims. I look forward to discussing those recommendations as we proceed with the hearing today.
