Mark Warawa

[Protecting Children from Online Sexual Exploitation Act, October 4th, 2010]

Mr. Speaker, I want to thank the member for his interest. As he knows, this is very important.

We are working with all our international partners. My speech a moment ago highlighted the importance of Cybertip.ca. It also highlighted the importance and the voluntary participation of Canada's ISPs.

We are getting it done. However, the technology with the Internet changes so quickly and we need to ensure our police departments have the support they need to protect our children. I hope the member supports Bill C-22. I think he does. The bill would go to committee and could move very quickly into the Senate. We would then have legislation that would protect our children. I count on the member's support as we work also with our international partners.

[Protecting Children from Online Sexual Exploitation Act, October 4th, 2010]

Mr. Speaker, it is indeed a pleasure to be here today speaking on Bill C-22 and also to be here with my colleagues.

My hope is that we have support in this House from every party. I know that Conservative members of Parliament strongly support this legislation. It is the right thing to do for the protection of our children. It is a new and important piece of legislation.

I do not think there is anyone in this House who would disagree with me that the development of the Internet and the World Wide Web has been incredibly positive for Canadians. It is a wonderful tool. However, as with most things that are good for us, there is a potential for abuse, and this is also true with these new and evolving technologies.

While the Internet has provided us with new and easier ways of doing many things, it has also provided new and easier means for offenders to make, view, and distribute child pornography. This has resulted in a significant increase in the availability and volume of child pornography.

The Internet has contributed to the massive growth of the child pornography industry, which is deemed to be worth more than $1 billion worldwide. It is estimated that there are over five million different child sexual abuse images on the Internet.

According to the recent report called, “Every image, every child” released by the federal ombudsman for victims of crime, there are over 750,000 pedophiles online at any given time. Tens of thousands of new images or videos are put on the Internet every week, and hundreds of thousands of searches for child sexual abuse images are performed daily.

The continued advancement of Internet technologies makes these crimes not only easier to commit, but also harder to investigate. There is an increasing burden on law enforcement to stay abreast of the changing technologies in order to to effectively investigate the crimes.

Child pornography is a particularly serious form of child victimization. Not only are the children abused and exploited through the making of child pornography; they are further exploited each time these images are shared or viewed.

To refer again to the “Every image, every child” report, I was shocked to learn that between 2003 and 2007 the number of online images of serious child abuse increased fourfold, and that these images became more violent and featured younger and younger children. It is disgusting.

According to the federal ombudsman's special report, 39% of individuals who accessed child pornography were viewing images of children between the ages of three and five, and 19% were viewing images of infants under the age of three. These statistics are nothing short of tragic. I am confident that most Canadians are just as appalled as I am, as each of us are, at this information.

Our government is committed to ending the growing problem of sexual exploitation of children. As part of these efforts the Minister of Justice, of whom I am so proud, reintroduced Bill C-22 in this House. Today we also have the chair of the justice committee in the House, the member for Abbotsford. I want to thank him for being here.

The main goal of this legislation is to help Canadian law enforcement officials detect potential child pornography offences on the Internet. Bill C-22 proposes, in precisely the same manner as Bill C-58 did in the last session of Parliament, that the law require those who provide Internet services to the public to do two things.

First, it will require them to report any information or tips they receive regarding websites where child pornography may be available to the public. They will be required to make this report to a designated agency. Second, it will require them to notify the police and safeguard any evidence, if they believe that a child pornography offence has been committed on their Internet service.

Failure to comply with these reporting duties would, in the case of an individual, a sole proprietorship, constitute an offence punishable by graduated fines up to $1,000 for the first offence, $5,000 for the second offence, and $10,000, six months in prison, or both, for the third offence and subsequent offences. In the case of a corporation, the graduated fine would start at $10,000 maximum, increase to $50,000 on the second conviction, and to $100,000 on third and subsequent convictions.

The duties imposed by this bill, in addition to helping reduce the availability of online child pornography, would facilitate the identification and rescue of victims of child pornography and assist law enforcement in identifying the offenders who create, possess, and distribute child pornography.

I would like to make it clear that this legislation was carefully tailored so as to achieve its objectives while minimizing the impact on the privacy of Canadians. Suppliers of Internet services would not be required to send personal subscriber information under this statute. The legislation is also tailored to limit access to child pornography and avoid creating new consumers of this material. Hence, nothing in this legislation would require or authorize a person to seek out child pornography.

Before I proceed further, I would like to explain to the House who is covered by this legislation. I am sure most members are familiar with the term “Internet service provider”, or ISP. An ISP provides access to the Internet. In essence, it acts as an on-ramp to the Internet. That is the service it provides. An ISP is one example of a provider of Internet services, but the term is broader than that. A provider of Internet services refers to all those who provide an Internet service to the public, including things like electronic mail services such as webmail, Internet content hosting services, and social network sites.

This bill is an example of Canada's commitment to fighting the scourge of child pornography and protecting children from online sexual exploitation. However, the Internet is a complex instrument. We all know that. Our knowledge and understanding of the full impact of the Internet in facilitating the demand for, and distribution of, child pornography is still evolving. The Internet presents a real challenge to the prevention and policing of this material due in part to the relative anonymity of the parties and instant worldwide access by millions of people.

I would be remiss if I did not take this opportunity to recognize the great efforts already made by Canada's major ISPs to address the challenge of online child sexual exploitation. Most ISPs have adopted acceptable use policies, which outline the rules for using an Internet account, the conditions of access privileges, and the consequences of violating these rules and conditions. These polices allow the ISP to terminate accounts in the event of unacceptable online behaviour, and we thank them for that.

I would also like to mention that the Canadian Association of Internet Providers has helped to develop standards for the industry, including an ISP code of conduct, to which many Canadian ISPs adhere. We thank the association for that.

A further initiative that bears mentioning is the Canadian Coalition Against Internet Child Exploitation, which was created in 2003 by some Canadian ISPs and police agencies. The main objective of this body is to assist law enforcement officials in their efforts to address online child pornography.

I would like to speak specifically about one important initiative that has developed from this collaboration between the ISPs and the police. It is called Project Cleanfeed Canada and it aims to reduce accidental access to child sexual abuse images, as well as to discourage those trying to access or distribute child pornography.

To achieve this goal, Cybertip.ca, which is the national tip line for reporting online child sexual exploitation, creates and maintains a regularly updated list of foreign-hosted Internet service providers associated with images of child sex abuse and provides that list to the participating ISPs. The ISP's filters automatically prevent access to addresses on the list by blocking these addresses.

Most of Canada's major ISPs participate in Cleanfeed Canada, which results in 90% of Canadian Internet subscribers being protected. There are continuing efforts to reach the remaining 10% of Canadians.

I am confident that Bill C-22 will be a complement to these existing efforts, especially Cleanfeed Canada, by requiring that all providers of Internet services report child pornography websites, which can then be added to the Cleanfeed Canada list.

Bill C-22 will also ensure that all providers of Internet services to the public will be held to the same standard of reporting when it comes to online Internet child sexual exploitation. Some may criticize this initiative as having a limited impact on the business practices of providers of Internet services, who already voluntarily report cases of online child pornography, and in fact, it is true that Bill C-22 was drafted in a way that closely mirrors the current practices of Canada's ISPs. However, I would like to reiterate that this legislation applies more broadly and covers more than just the typical ISP. It applies to all providers of Internet services and its impact will be much broader.

I recognize, and I am sure our colleagues do too, that more is needed to combat this disgusting social ill than just strong criminal laws. The government is committed to a broader approach that is effected to protect our children. That is why, in 2008, our government announced a renewed commitment to work with our partners through the national strategy for the protection of children from sexual exploitation on the Internet. This is a successful initiative that has played a very big role over the last few years in helping to make sure that the growing number of young people online stay safe and that we take action to crack down on the sexual predators.

The Government of Canada is investing $71 million over five years to help ensure that the national strategy remains the success that it is today. With these great investments, our government is further strengthening our ability to combat child sexual exploitation over the Internet through the work of the National Child Exploitation Coordination Centre, which works to reduce the vulnerability of children to Internet-facilitated sexual exploitation by identifying victimized children, by investigating and assisting with the prosecution of sexual offenders, and by strengthening the capacity of municipal, territorial, provincial, federal and international police agencies.

We are also further strengthening the ability of the Canadian Centre for Child Protection to help young people stay safe online through initiatives such as Cybertip.ca, which, as I mentioned earlier, allows the public to report suspected cases of child sexual exploitation they may find online.

Currently, most reporting of child pornography across Canada is done voluntarily. The vast majority of tips come through Cybertip.ca, a 24-hour, seven-day-a-week anonymous tip line for reporting of child sexual exploitation on the Internet. Cybertip.ca provides a valuable function for law enforcement across Canada by screening, prioritizing, and analyzing each and every one of the 700 reports it receives every month. The skilled analysts collect supporting information using various Internet tools and techniques, and if the material is assessed to be potentially illegal, a report is made to the appropriate police services.

By providing this service of reports and forwarding only the most relevant information to the police agencies, Cybertip.ca saves valuable police time and resources. This allows police to devote their time and efforts to actual investigations rather than to the time-consuming tasks of analyzing all the incoming reports of child pornography.

Cybertip.ca collaborates closely with many of the Canadian ISPs and international partners and it has a memorandum of understanding with most Canadian law enforcement agencies.

As part of the mandate of Cybertip.ca, it also collects statistics regarding online child pornography in Canada. Each month, Cybertip.ca receives 800,000 hits on its website and 700 reports of suspected child abuse images. Between 2002 and 2009, Cybertip.ca had triaged over 33,000 reports, and approximately 45% of those reports were forwarded to law enforcement. It is very effective.

The material that is deemed not to be illegal is often followed up with educational information. Ninety per cent of the reports received by Cybertip.ca relate to child pornography.

As a result of these efforts, at least 30 arrests have been made, approximately 3,000 websites have been shut down, and most important, several children have been removed from abusive environments.

The work of Cybertip.ca is being bolstered by recent efforts of some provincial and territorial governments. We are thankful for that. The Province of Manitoba enacted legislation on mandatory reporting of child pornography in April 2009. Under this law, all members of the public are required to report suspected cases of child pornography to Cybertip.ca. Ontario has enacted similar legislation, but it is not yet in force. Nova Scotia's mandatory reporting legislation came into force just a few months ago, on April 13 of this year. I would like to extend my congratulations to them and to Cybertip.ca for their efforts in this regard.

This government is committed to protecting our children. I hope my fellow members in the House understand just how important this legislation is. I urge every member to support this legislation as we work together to protect our future, which is our children.

[The Environment, September 30th, 2010]

Mr. Speaker, I look forward to working with that member on the environment committee so he actually can learn the facts of what is happening on the environment.

It was his own leader who said that party made a mess on the environment. It is this government that takes the environment seriously and is getting things done.

We have established an independent review panel of some of Canada's most revered scientists. It is a critical step in ensuring we find out what is happening on the oil sands.

When it comes to cleaning up the environment, it is this government that gets it done.

[Human Rights, September 29th, 2010]

Mr. Speaker, an unimaginable evil is happening in parts of Africa. Body parts of people with albinism are being hacked off and sold to witch doctors with deadly results. They believe that the body parts of albinos have magical powers, capable of bringing riches. In one instance, a Tanzanian trader was caught with the head of an albino baby. He was to be paid for the head by its weight.

Under the cover of darkness, a group of vicious hunters in northwestern Tanzania charged into the room of another victim. Bib-i-ana's pale young body was pinned down and one of her little legs was hacked off as her sister screamed in horror.

Albinos are known as zeru zeru, meaning invisible, inhuman, a ghost. They are being hunted and sold to witch doctors for lucrative profits.

I ask each member of this Parliament to please help me and others to stop this horrific evil.

[Federal Sustainable Development Act, June 16th, 2010]

Mr. Speaker, it is a real treat to speak to Bill S-210, a bill that is important. It requires reporting to both this House and the other place, the Senate. It is a real treat to speak to it, because it was one of those rare occurrences when all the parties worked together to see something very positive happen.

This government is committed to preserving and protecting our fragile environment to preserve it for future generations. All too often, we have partisan attacks by the coalition members. However, that did not happen when I offered to work with a former colleague, John Godfrey, in a previous Parliament. It was good times, and we were able to work together, and now we have some fine tweaking of that bill to make it proper.

Senator Tommy Banks brought it through the Senate. It required a very special person who would carry it and present it in this House, and that is the member for Kitchener Centre.

Before I speak specifically to the bill, I just want to acknowledge what an ideal person the member for Kitchener Centre is and how fortunate that riding is to have a person of his calibre. He is actually one of the brightest minds here on the Hill. He practised law for almost 30 years and then was honoured to represent Kitchener Centre when he was elected in 2008 to this House of Commons. Almost right away he was acknowledged and recognized for his commitment. He serves on the environment committee but also on the justice committee.

A little over a year ago, our government introduced the Environmental Enforcement Act. It is very important that the laws we have are enforced. That was one of the changes we needed. Who better to carry that torch to make sure that our environment is being protected and that our laws are being enforced than the member for Kitchener Centre? He was the one who brought respect and decorum to committee, to this House, and of course, we saw that pass through this House. That was good news.

This bill is also an important piece of legislation, and again, he was asked to carry it. I am really honoured to be able to work with him on the environment committee. His goal appears to be to bring decorum. He is one of those rare persons who encourages respect and professionalism, both within this House and at committee. Again, it is a real honour to work with him. He is an ideal person. I want to thank the people from Kitchener Centre for electing a person of his integrity to represent them here in the House.

Regarding Bill S-210, I believe that it would be useful to review the existing accountability provisions in the Federal Sustainable Development Act, legislation that was passed last year with all-party support. In particular, I would like to look at the role of the environmental indicators to help promote transparency. As members know, transparency is important to Canadians and is important to this government. There actually has never been a government that has been more committed to transparency than this government under this great Prime Minister.

This government is committed to improving and reporting so that Canadians are better informed about the state of the environment. As members will recall, the act requires the Minister of the Environment to monitor implementation of the federal sustainable development strategy and to report on the progress every three years. To do this, the government draws on data available through the Canadian environmental sustainability indicators.

Environmental indicators are at the heart of the act, and while this government is committed to achieving a healthy environment for all Canadians, we need to know that our efforts are yielding results with respect to both the health of Canadians and the strengthening of the economy.

We look to environmental indicators for evidence on key issues such as the quality of the water and the air. These indicators give us the information we need to measure performance on the environment. They help us to make important policy decisions that address any gaps, and they enable Canadians to better understand the relationships between the economy and the environment, and human health and our well-being.

That is why our government has extended funding for the Canadian environmental sustainability indicators. It is an initiative from 2008 to 2009, and now again in this budget we are reflecting the importance of measuring the progress that the government is making toward a cleaner environment.

Yet, it is not enough to develop indicators to collect data on long-term trends. Nor is it enough to use these indicators as a yardstick to measure progress. Nor is it sufficient to report on our progress of implementing the strategy every three years. To deliver the kind of accountability and transparency that Canadians expect, and they deserve, we need greater flexibility than the existing legislation provides.

The Federal Sustainable Development Act and the Auditor General Act requires the Commissioner of the Environment and Sustainable Development to prepare regular reports. These include an assessment of whether the draft federal strategy for sustainable development contains measurable targets and implementation strategies.

The commissioner is also required to assess the fairness of information provided in the government's progress report. Finally, the commissioner continues to audit departmental sustainable development strategies and reports on whether the departments and agencies have contributed to meeting the overall government targets.

The existing legislation, however, limits the tabling of such reports to certain times. In effect, this constrains the commissioner's ability to provide analysis and insight into the government's progress toward sustainable development. Not only could more frequent reports aid the government, they could also contribute to greater understanding among Canadians about the importance of sustainable development, how far we have come in meeting our targets, and how far we have yet to go.

It is vital to recognize that sustainable development is not a goal to be achieved in the usual sense of the word, rather it is an elusive, ever-moving target. Even if our environmental indicators suggest positive results, and they do, we have seen greenhouse gas emissions go down under this government by over 2%. So even though these environmental indicators suggest positive results, we do not believe the job is finished. What do we do? To do so would jeopardize the lasting impact of the good work this government is doing on the environment, and it would impinge upon the legacy that we leave to future generations. Consequently, we must always be attuned to the delicate balance between social, economic and the environmental priorities. We must monitor our progress carefully and frequently, and recalibrate our actions.

That is why the amendments in Bill S-210, brought to the House by the member for Kitchener Centre, are so important. That is why we do support this good work. The amendments will give the Commissioner of the Environment and Sustainable Development extra latitude to table more reports as required. These reports could very well heighten the impact of the government's good work on sustainable development and would surely reinforce the goal of greater transparency and accountability.

The proposed amendments would increase accountability in another way. The Federal Sustainable Development Act currently requires the government to share the draft federal strategy with the Canadian public, the Commissioner of the Environment and Sustainable Development, and the Standing Committee on the Environment and Sustainable Development.

Our government is getting it done in so many ways. As members in the House know, we are committed to protecting and preserving the environment for this generation and future generations. I want to again thank the member for Kitchener Centre. What an amazing member he is and I applaud him for his effort in bringing unity to the House as we move together to protect the environment.

[Petitions, June 16th, 2010]

The fourth one, Mr. Speaker, is regarding medical benefits. The petitioners are calling on the House of Commons to adopt specific and precise legislation to provide additional medical EI benefits to at least equal maternity benefits for people who find themselves in situations with very serious medical problems.

[Petitions, June 16th, 2010]

Mr. Speaker, the next petition is on life. The petitioners are calling on Parliament to pass legislation to protect human life from the time of conception until natural death.

[Petitions, June 16th, 2010]

Mr. Speaker, the second petition is on skin cancer. The petitioners are calling for a national skin cancer and melanoma initiative to provide much needed access to newer drug treatments, and funding for research and educational programs.

[Petitions, June 16th, 2010]

Mr. Speaker, I will be very quick. I have four petitions.

The first one is calling on the House of Commons to have a free vote to pass legislation that would see the long gun registry cancelled and streamline the Firearms Act.

[Canadian Environmental Bill of Rights, June 15th, 2010]

Mr. Speaker, I appreciate the opportunity to speak to Bill C-469.

Surveys with Canadians regularly rank environment and economic issues as number one or number two and what they want the government to place on the government's agenda. It is their high priority, as it is with this government.

These two issues, the environment and the economy, also have an important link in C-469.

First, we understand that the bill's intention is to ultimately provide better environmental protection in Canada. However, although it is a good objective the effectiveness of these rights compared to those which already exist still need to be proven. Canadians have watched as Parliament and successive governments have passed several laws and regulations to protect the environment. However, without a serious enforcement of the laws and regulations, environmental protection remains theoretical.

To achieve real goals in environmental protection, we need to have better enforcement of the laws and regulations that we already have. Our government is proud to have concentrated its efforts in the area of enforcement, notably through the adoption of the Environmental Enforcement Act nearly a year ago. We are already seeing a positive effect from that legislation.

As I mentioned in my introduction, Canadians also place an importance on the economy. In particular, Canadians expect the government to manage public funds effectively and with the greatest of care. However, we see that the impact of the rights proposed in Bill C-469 on Canada's economic growth and especially on the government's budget have not yet been documented.

With the perspective of sustainable development, it is imperative to evaluate each legislative measure so as to ensure the best possible synergy between environmental objectives and economic security. However, the creation of individual environmental rights could, depending on how they are written, lead to high cost and significant delays resulting from legal battles that would unduly delay the achieving of the planned objectives.

Furthermore the litigiousness of the environmental protection caused by Bill C-469 should in our view be questioned. The creation of individual rights to a healthy environment could cause in the transfer of environmental decisions from elected members of the government to non-elected members of the judiciary branch, who are not required to report to Canadians.

It should be remembered that Bill C-469 essentially proposes the creation of three types of environmental rights.

First, the bill proposes the creation of a right to a healthy and ecologically balanced environment for each Canadian resident in addition to creating a corollary obligation of the government to protect this right and to act as a trustee for Canada's environment. Legal actions would allow Canadians to enforce the execution of the obligations.

Second, the bill proposes a series of procedural environmental rights, including measures for the public's participation in the decision making process and the right to demand inquiries and access to information rights.

Third, the bill proposes civil action where any Canadian resident can ensure environmental protection from another person who has violated or who may violate the law, regulation or any other federal regulatory test.

In the first hour of debate, my opposition colleagues placed a lot of emphasis on the first type of right in Bill C-469 as proposing to create; that is to say the right to a healthy and ecologically balanced environment. The opposition colleagues gave a grim picture of the current situation in Canada. It was mentioned several times that, unlike Canada, more than 130 countries had included environmental rights in their constitution. The member for Edmonton—Strathcona notably quoted the example of India and Bangladesh, which have incorporated such rights in their constitutions. Given the serious impact of this bill, this comparative analysis needs to go a bit further.

First, it should be remembered that Bill C-469 would do nothing to amend the current lack of environmental rights in the Canadian Constitution. Rather the bill proposes to add the right to a healthy and ecologically-balanced environment to the Canadian Charter of Rights and Freedoms and to add this right to the new Canadian charter of environmental rights.

Second, it should be pointed out that of the 31 member countries of the OECD, 19 have not included any explicit right to a healthy environment in their constitution. Among the countries that have not explicitly recognized environmental rights, there are Australia, Denmark, Germany, Mexico, The Netherlands, Sweden, the U.K. and the United States. Furthermore, even in the number of OECD countries that have inserted explicit environmental rights in their constitution, this right is sometimes subject to limitations.

When we take a closer look at Bill C-469, we realize that it is an original proposal, different from most environmental right instruments being used currently around the world. For example, the obligation that would be given to the government to protect the right to a healthy and ecologically balanced environment and the corollary recourse by which legal action could be taken against the government because it did not ensure the enforcement of its law in a specific case is unprecedented. The discretion to enforce a law usually rests with the government.

During the first hour of debate, the member for Ottawa South referred to the Yale-Columbia environmental performance ratings. The ratings have countries, such as Bangladesh and India, ranked 139th and 123rd respectively in terms of environmental performance. In contrast, other countries which do not have environmental rights included in their constitution are countries such as Iceland, Switzerland, Sweden and the U.K. and they are ranked first, second, fourth and fourteenth in the report.

Without making any statements on the accuracy the Yale-Columbia rankings, it is obvious to me that whether environmental rights are included or not in the constitution is not in itself a determining factor on the state of the country's environmental protection measures. That is why we think we need to be very careful making a comparative analysis of Bill C-469 with the environmental rights placed in other jurisdictions.

Bill C-469 is unique because it is placed within a specific context, the Canadian legislative system, a system that already includes several environmental laws and several environmental protection measures. A thorough analysis of Bill C-469 requires participation from legal and scientific experts in order to evaluate the true impact of the bill on environmental protection, economic growth and social fairness in Canada.

By comparison, it should be pointed out that in France, the adoption of the environmental charter in February 2005 was done after four years of preparation from the Coppens commission, a commission composed of two committees, one legal, the other scientific. The commission also consulted more than 55,000 stakeholders during the course of its work.

It should also be mentioned, by the way, that the French environmental charter stipulates procedural environmental rights, such as access to information and participation in public decisions that have an impact on the environment, but only under conditions and limits defined by law. This type of express limitations is reminiscent of the environmental rights inserted into Ontario and Quebec law, which were defined within the limits stipulated by law.

We believe the measures included in Bill C-469 are unique and complicated, making it a bill whose consequences on the environment and the economy are not known. It would therefore be essential to wait for the stakeholders involved in this bill, including legal and scientific experts and economic stakeholders before making a final judgment.