moved:
That Bill C-20 be amended by deleting Clause 7.
Mr. Speaker, I am pleased to rise in the House today to speak to Bill C-20 and the amendment before us.
I would like to make it very clear that members of the NDP support the measures in the bill that are clearly presented and defined. We believe they will help protect children, a goal that is certainly shared by all of us in the NDP and I think by all members of the House.
We believe we have an obligation to do whatever we can to protect children in our society and to stop the abuse and exploitation of children in every form, whether through child pornography or any other way. That is something that we support very strongly. It is a very important value.
In presenting the amendment today to delete clause 7, we do so because we believe the present wording of clause 7 is very vague. Clause 7 talks about the public good defence. We believe that it may, as a result of being very vague, be very difficult to catch child pornographers, while at the same time there are concerns that we will be endangering the rights of artists from pursuing legitimate artistic expression or researchers and health workers from dealing with the effects of child abuse and sexual trauma.
We believe that the defence of the public good, as has been put forward in the bill, would transfer too much power and discretion to the courts. For example, it may take years of litigation and jurisprudence for the courts to decide exactly how to apply this defence of the public good in relation to child porn laws. I do not think that is something anyone wants to see.
The scope of the public good is ironically both, on the one hand, too broad and, on the other hand, too narrow. In fact, what we need to be doing in the bill is clarifying it to ensure that the most essential point is that the police will be able to make sound decisions in their investigations of a suspected child pornographer to protect children. Second, that artists who are legitimately engaging in artistic expression will not be prosecuted because of that legitimate activity.
We realize that these are difficult issues but surely our role here as parliamentarians in examining the bill is to make sure the clarification on these issues is very clear and that it does not become a subject of ongoing and endless debate in the court system.
In speaking to the amendment today and urging the deletion of clause 7, we believe that clarifying the definition of the public good is something that has not yet been resolved or taken place. It needs to happen here in Parliament.
We do need to be sending a clear message to the courts on how we want the legislation to be implemented and approached. The way it stands now is that I think there is still ambiguity.
We have presented this amendment because we believe the bill is just not good enough. We want to see a good job done on the bill. A tremendous amount of effort went into the bill and its goal is to protect children from sexual exploitation. We want to do it in a way that we are clearly delineating artistic merit. We believe that the provision in the bill as it stands now is simply not adequate to do that.