Madam Speaker, it is a great honour for me to speak today on Bill S-2, which is an exact copy of Bill C-34 as amended by the Standing Committee on Public Safety during the last Parliament.
We were in favour of Bill C-34 in principle and the witnesses we heard—I was also on the committee at the time—reinforced us in our position. We proposed some amendments that were adopted. By the way, I would like to congratulate my colleague from Marc-Aurèle-Fortin, with whom I worked on this file.
The Bloc Québécois is in favour of this bill on the sex offender registry. It is further proof that when we work on bills, we work on them one at a time in a constructive spirit, without engaging in the demagoguery and Conservative grandstanding to which we have become accustomed.
First, I would like to remind the House that the current Sex Offender Information Registration Act came into force on December 15, 2004.
Bill S-2 is intended to make the sex offender registry more effective and helpful to police forces in their preventive efforts as well as during investigations of sex crimes.
It aims, therefore, to register more people convicted of sex crimes and to include more information about them, especially their DNA.
Bill S-2 also imposes further obligations on the individuals listed in the registry if they move or expect to be absent from their homes for an extended period.
Some changes were made. Specifically, in addition to adding more offences that result in inclusion on the registry, clause 5 of the bill changes the procedure through which the courts order inclusion on it.
In the case of what are called direct sexual offences, the current system gives the crown attorney a choice of whether or not to ask for the person to be included on the registry after being convicted of the offence.
With the new registry in Bill S-2, this is no longer in the hands of the Crown. As soon as someone is convicted and sentenced for a sex crime, he or she must automatically comply and be included on the registry. I want to make it clear that this applies to sex crimes.
Furthermore, the new clause eliminates the exemption that applied when the offender established that the impact of his or her inclusion on the registry, including on personal privacy or liberty, would be grossly disproportionate to the protection of society.
In other words, when a direct sexual offence is committed, registration is automatic. Individuals convicted can no longer justify that their inclusion on the registry would be disproportionate to the penalties they would suffer in their private lives or regarding their liberty.
For other designated crimes, those known as serious crimes or conspiracy to commit a sex offence, thus more indirect crimes, at that point it is up to the Crown prosecutor to determine whether to ask the court to include the individual on the sex offender registry.
Clause 40 of Bill S-2 also makes an important change regarding how the registry can be used. Under current legislation, the registry can only be used when there are reasonable grounds to believe that a sex offence has been committed. Bill S-2 allows police to consult the registry for prevention purposes.
In addition, if this bill passes, there will be a correlation among offences that lead to inclusion on the sex offender registry and the sex offender's obligation to provide a sample of bodily fluids in order to add his or her DNA to the national DNA data bank.
Now I would like to talk a little about money. As my Liberal colleague and my colleague from Marc-Aurèle-Fortin mentioned, this will call for a lot more analyses, whether for investigations or for prevention.
In its last budget, the government announced $14 million over two years for DNA testing. In fact, in April 2009, in committee, we met with the directors of two major laboratories, one in Quebec and the other in Ontario. The third laboratory in Canada is the RCMP laboratory. Mr. Prime, from the Centre of Forensic Sciences, and Mr. Dufour, from the Laboratoire de sciences judiciaires et de médecine légale, told us in April 2009 not only that was there no agreement with the federal government, but that they also had to do a huge number of tests with very little money. Unfortunately, it might take over a year to get results.
On March 18, the minister met with us at the Standing Committee on Public Safety and National Security. We asked him questions about this, but we did not get many answers. I have also spoken with a few officials, who have confirmed that there was still no agreement with Quebec and Ontario. They were not even able to tell us how much of the $7 million would be going to the laboratories in Quebec and Ontario.
If we look to previous funding, it was approximately $2 million per laboratory. We might imagine that there is really no increase. With this bill, whether or not it is intended, there is going to be a major problem if we do not invest more money in forensic laboratories. We are certainly going to see increases.
I will be told that this is nothing new. We see all the bills they are introducing. We see people being increasingly treated like criminals. They want to have longer sentences, but they are investing billions of dollars in just anything, be it for a G8 or for a G20. Obviously we will have to invest billions of dollars in correctional services and for public safety. When a decision is made to incarcerate people, they have to be sent somewhere. I hope it will not happen as it usually does, that they will invest in bricks and mortar, but nothing will be put into programs. In correctional services, at present, 2% or 2.5% of the total budget is allocated to programs.
I will continue on the subject of Bill S-2. The present legislation provides that the database may not be used where there are reasonable grounds to believe that a crime of a sexual nature has been committed. With Bill S-2, the database can be searched. But it will cost, and it will cost a lot.
The Bloc Québécois believes that police forces must be given tools that, on the one hand, effectively prevent and fight crime and, on the other, do not trample the fundamental rights of Quebec and Canadian citizens.
The proper protection of our children requires a number of tools. One of them, which is important and seems fundamental to me, is the Internet. Unfortunately, it is also the tool of choice for the child pornography industry. I will provide some statistics in support of my comments.
It is estimated that more than 65,000 people—I find this to be a conservative figure as I believe the number to be much higher—exchange child pornography, both photos and videos, on the Internet. In February 2009, the Ontario Provincial Police dismantled a child pornography ring involving 31 people in different Ontario communities.
Mr. Stewart, of the OPP child sexual exploitation section, stated: “Unfortunately, I believe there's thousands of children we're not getting to, and that's particularly difficult.”
In 2004, 480,000 child pornography sites were identified in the world, compared to 4,300 in 1996. In addition to movies, more than five million images of sexually abused children are circulating on the Internet. The pictures are becoming increasingly explicit and feature younger children and the use of violence. Many movies are shot live for the entertainment of pedophile clients and they show abominable sexual abuse of children under the age of seven.
In addition, it is estimated that there are between 50,000 and 100,000 organized child pornography rings, with a third operating in the United States and a portion in Russia. Are we immune to it? No, and I will cover that. We also have a large number of these types of sites. I am not talking about individual sites or images put on the Internet by a “family man” who abuses his child. I am not talking about amateurs, but about organized professionals.
According to research conducted by Cybertip.ca from 2002 to 2009, 57.4% of images on Internet sites containing child pornography depicted children under 8 years of age; 24.7% showed children aged 8 to 12; and 83% were of girls. More than 35% of the images analyzed showed serious sexual assaults. Children under 8 were most often depicted being abused through sexual assault (37.2%), and 68.5% of extreme sexual assaults occurred against children under 8. Canada is in the top three. That is amazing. According to Statistics Canada figures, we rank third in the world among countries that host child pornography sites. The United States ranks first with 49.2% and Russia, second with 20.4%. Who is in third place? We are, with 9%.
We also have people who produce child pornography in Canada. A police officer told me he had even seen images of assaults on newborns. We have to wonder.
I mention this because Bill S-2, which is a rehash of a previous bill, is not the only bill that targets this sort of crime. There are also Bills C-46 and C-47, which still have not been reintroduced here in the House.
Since 1999, police forces across Canada have been calling for a law that would respect human rights, of course, but would force Internet service providers to reveal the IP addresses of their pedophile clients and to have the technology to keep that information.
On April 22, during his testimony before the Standing Committee on Public Safety and National Security, Mr. Sullivan, who was then the Federal Ombudsman for Victims of Crime and who had been appointed by this government, answered my question. I asked him what he thought about the fact that these bills still had not been reintroduced. He answered, “...if I were the Prime Minister today the Internet bill would be my absolute priority; it would be number one in the justice reform areas.”
Mr. Sullivan perfectly described the problem resulting from the fact that this legislation is not on the books. I will read what he said. It is horrible.
Right now, depending on where you are in the country and what ISP company you're working with.... Some ISPs will actually cooperate with law enforcement, and some won't.
We've heard about cases from law enforcement. They have an IP address. They actually are able to trace the guy to where he lives, and they go, because he's trading in child pornography.
They actually found and arrested the person. He had with him his 11-month-old son, who he was sexually abusing. Now, law enforcement had no information that this was taking place. They had no idea that this child was in that situation. Had they not tracked him down, that child today, four years later, would still be undergoing sexual abuse. The longer we delay these initiatives to give law enforcement the tools, the more kids are going to be abused. I think that makes everybody angry.
I find that disappointing, especially since we know how many years it can take to develop a bill. It is high time that this be passed.
The former victims' ombudsman lamented the fact that in 2007 the former public safety minister and member for Okanagan—Coquihalla did not want to follow up on repeated requests from the police to adapt investigative tools to the current Internet reality. However, in fall of 2009, the Conservative government finally introduced Bills C-46 and C-47 to respond to this Internet loophole. And what did the Prime Minister do? He prorogued the House and these bills died on the order paper. How convenient. It was put off until fall and then they prorogued a few months later, as if by chance. And they did not reintroduce them.
The Conservatives say that pedophiles are a priority and that this is a serious issue. As usual, they are serving up the same old announcements, about victims and children. They are grandstanding for everyone, trying to score political points. They are not really fighting crime. Have they reintroduced the bills? No. Why? That is the million-dollar question given that this government says that it wants to protect children and fight against crime and criminals.
Here is the question we must ask ourselves: what interests are preventing this government, which claims to be a champion when it comes to cracking down on pedophiles, from bringing back the old bills C-46 and C-47 so that we can study them in committee and improve them? Police forces have been waiting for 10 years now, and this government, despite advice from the former victims' ombudsman, has still not dealt with an issue that the ombudsman and I both believe could save children's lives. Ask any police officer; they will all say the same thing.
There is something else that just does not make sense. In my riding, and probably in other ridings in Quebec and Canada, the government is letting pedophiles live in halfway houses and community correctional centres near elementary schools and daycares. That makes no sense. I have asked three different public safety ministers about this. Three public safety ministers later, nothing has happened. That is absurd. Can a government that makes a huge show of introducing big, important bills not send a simple directive to community correctional centres through Correctional Service Canada? These centres are not even private; they belong to the CSC. The government cannot even send out a simple directive to ensure that there will no longer be pedophiles near elementary schools.
The government is waiting for another scandal to break out. Then they will react, just as they did with Olson and Karla Homolka. They will react by saying that the matter is very serious and that they want to introduce a bill.
That is shameful. According to the former ombudsman, every month that goes by, children could have been saved, as I said before.
As we speak, children are being attacked on the Internet, and pedophiles are living near schools. I would like to know when the government will take real action to properly protect our children.
