Mr. Speaker, I rise today to partake in this debate sponsored by the Canadian Alliance regarding the elimination of all defences for the possession of child pornography.
I am confident that members on all sides of the House and all parties would agree that there is probably nothing more important in their lives than their children or grandchildren. Therefore, the debate today is very important. It is urgent, given that the House, as rumoured, may recess fairly soon and motions such as this will no longer be able to be debated or discussed.
The period of time available to the House to pass necessary pieces of legislation such as Bill C-20 or Bill C-23, the national sex offender registry, is rapidly running out.
We have less than two weeks to ensure that important bills, bills aimed at protecting our children, are enacted before the business of this country is put on hold because we have one Prime Minister who is on his way out to make room for another Prime Minister who is on his way in. Basically, the House will recess early because of the turmoil and disarray in which the government finds itself in the middle of this shuffle.
Bill C-20 has yet to be reported on by the committee. It falls far short of the official opposition's expectations. It fails to adequately protect our children from sexual exploitation, abuse, neglect, and falling victim to child pornography or pornographers. In fact, it falls short of almost everyone's expectations, including those who are on the opposite side of the issue dealing with Bill C-20.
In a submission to the justice committee, the Canadian Bar Association stated that the wording was vague and could be challenged on constitutional grounds. The Canadian Bar Association suggested that Bill C-20 be sent back to the drawing board.
Bill C-20 deals with child pornography, voyeurism and exploitation. It deals with all those issues that we are debating here today.
Meanwhile, those of us on the other side of the issue are concerned about the justice minister's failure to eliminate all legal loopholes that wrongfully justify the criminal possession of child pornography.
Instead, the Minister of Justice has devised a catch-all defence. The Liberal minister has effectively combined a number of defences, including artistic merit in the broadly interpreted defence of public good. This was in direct response to the Supreme Court's consideration of public good in the decision of Regina v. Sharpe.
If Bill C-20 passes, anyone arrested for the possession of child pornography may use what the government considers a narrower defence: the defence within the public good. This replaces the defence of the possessing of child pornography for reasons of artistic merit, educational, scientific or medical reasons and the public good. It has taken that and shrunk it down, but in reality it has become much more broader.
In Regina v. Sharpe, the Supreme Court of Canada found that public good could be interpreted to be necessary or advantageous to the pursuit of science, literature, or art, or other objects of general interest. Here, the court was saying that there is a place for it in literature or in art.
Quite obviously, for all intents and purposes, the defence of public good can and will be interpreted to still include the defence of artistic merit. Therefore, nothing really changes in this bill. Nothing really changes from the current status, except that our courts now will become even further inundated with trials and cases.
These cases will only serve to add to the backlog that is currently clogging our courts, while defence lawyers argue about what does and what does not constitute public good or artistic merit or any of the above.
The Ontario Office for Victims of Crime pointed out the following in its brief to the justice committee only a couple of weeks ago:
Clearly, in order to prevent the expanded legality of possession of child porn, Parliament must craft precise legislation supported by an explicit description of its rationale for doing so in the preamble of the bill. The legislation should attempt to respond to all of the potential “defences” generated by the Supreme Court of Canada or Canadians can look forward to an ever-increasing legalization of child porn possession and use. As expert evidence accepted by the Supreme Court makes clear, that translates directly to increased threat to children.
Bill C-20 is coming forward. There are different groups. One group is in favour of maintaining artistic merit. Many groups, civil liberties and those types of groups, say that the bill would open the door and it is not what they want because it is vague.
We have those who deal specifically with victims who stand back and say that Bill C-20 would not help combat child pornography. The threat would increase and the use and the legalization of child porn would increase.
I implore the government to listen to the victims groups. I implore the government to do everything within its power to stop the proliferation of child pornography, especially as we have seen it unfold over the Internet.
As a member of the Standing Committee on Justice and Human Rights, I have been privy to the debates, presentations, opinions, testimonies and to the witnesses on both sides of the issue. Regrettably, I have also been privy to police files that contained literally thousands and sometimes tens of thousands of absolutely degrading and sickening pictures of child pornography.
Pictures were shown by Sergeant Detective Paul Gillespie to a group of members of Parliament but also by the RCMP. Paul Gillespie gave a presentation about the need to help solve the epidemic problem of child pornography. He is with the Toronto sex crime unit. These pictures were unimaginable. They were so horrible and so revolting that a number of members of Parliament left the room. Others looked away not wanting to be privy to seeing the pictures that were put on the screen.
I felt absolutely nauseated thinking about the innocent and vulnerable children all across this country who were being criminally exploited by society's most perverse and sadistic criminals who, under Bill C-20, will not be subjected to sentences that fit the crime because the legislation does not seek to increase maximum sentences for child related offences, nor does it impose any minimum sentences.
When was the last time we saw a judge impose the maximum sentence on any type of criminal offence dealing with pornography? We do not see it. To increase maximum sentences is not the answer to anything. When we are dealing with child pornography, Bill C-20 does not impose minimum sentences.
It effectively means that pedophiles can and will continue to receive fines and conditional sentences, and no jail time. Sadistic types of pornography are being passed on the Internet and the perpetrators get a slap on the wrist. They are told not to do it again and to stay home. It is unacceptable.
Nothing within Bill C-20 would prevent judges from handing out conditional sentences or fines to offenders convicted of possessing or distributing child pornography.
In my opinion, those who possess and seek to possess child pornography are every bit as guilty of committing a crime against a child as those who take the pictures. Therefore, they should be sentenced to minimum terms in prison for committing the offence of aiding and abetting the abuse, torture or sexual exploitation. This opinion is shared by police officers throughout the country.
It was my pleasure today to stand with Staff Inspector Bruce Smollet, the officer in charge of Toronto's sex crime unit, during today's press conference commending him and the entire Toronto police force for their outstanding work and their commitment to public protection.
Under the excellent leadership of Police Chief Julian Fantino, the entire Toronto police force has done an exemplary job of fighting a crime that is becoming much more prevalent in this nation. It is not only in urban areas but in rural areas as well because it can be ushered straight into homes via the Internet.
