Mr. Speaker, I am pleased to rise in support of the bill put forward by the hon. member for Oxford. I support his initiative in this regard. It is indeed a pleasure for me to speak on this piece of legislation.
As a number of speakers have already mentioned, if adopted, this bill would essentially accomplish three things. In the worst cases of sexual assault involving children, the sentence imposed on the individual would be given the same emphasis, the same range of sentence for the judge who would be handing down that sentence. That range would include a sentence of up to 25 years.
The maximum sentence of imprisonment for life with no parole eligibility for 25 years would accurately reflect society's disdain for the serious types of sexual assaults that sadly do occur in our society. It would allow society to feel protected in the sense that it would have the assurance that a judge would have that at his or her discretion. If adopted, the act would create an increase in the maximum penalty for forcible confinement from 10 to 14 years in the case of a parent or ward who confines a child and thereby harms the child's physical or mental health.
It is important to consider the deterrent effect that this increased range of sentence has when looking at cases such as this. In this scenario, a judge's discretion should be expanded to allow for that. Sadly, in my career as a crown prosecutor, I encountered a number of cases where if the maximum sentence had been expanded, if the judge had that range, perhaps higher sentences would have been handed down.
The third thing this piece of legislation would accomplish is with respect to the Internet and the use of the Internet as a means of transmitting child pornography. The bill would make this a prohibited act under section 163.1. It would give assurances that the definition of publication in the case of child pornography would cover transmissions via electronic mail or posting of material on the Internet.
With a rapidly changing ability to transmit and the use of technology, it is with some sad reflection that we are faced with the fact that there are those in society who will use this mode of communication for such a sick and twisted purpose. This bill puts in place something in the Criminal Code that allows us to respond and to respond with force.
This private member's bill has received the support of both the Canadian Police Association and the Canadian Association of Chiefs of Police. They have said: “Sentencing reform for sexual offences against children is, in our view, an important improvement and required”.
I am sure the remarks we have heard in this Chamber and the remarks from many groups, including victims advocate groups, parental groups and society in general would certainly echo those remarks.
I am very proud to have worked in the justice system with many dedicated men and women whom I have spoken to in relation to this legislation. I voice their support of it through my comments today.
I have spoken to individuals in Antigonish—Guysborough who have worked in the justice system, Corporal MacGenny, Sergeant MacNeil and many others who are on the front lines. They are the thin blue line of the police who deal with these laws. I am encouraged to see that initiatives are taken to bring forward very positive changes to our Criminal Code.
I am also pleased to say that the Progressive Conservative Party of Canada equally embraces and encourages these initiatives taken by the hon. member for Oxford. It is indeed time to give children the protection that they need. It is time that we as legislators send a very serious message to the courts stating that sexual offenders deserve tougher sentences.
As victims of child sexual offences have asked many times, those victims who are struggling with painful stories, why does an individual who has perpetrated such a heinous act receive a light sentence and probation at times.
Again, to use the analogy that has been made in this House, the child is forced into a life sentence of coping and of dealing with this trauma. That life of painful memories and the damage that results cannot be erased and will never be erased because of the ensuing court case and the ensuing cases. However, I would suggest that it does, in some small measure, restore some dignity and faith in the system and its ability to react.
At a time when victims' rights should be at the centre of the changes to our criminal justice system, this bill provides victims in question the comfort of having offenders at least sentenced or at least the possibility that they can be sentenced to a real significant period of incarceration.
Statistics have consistently shown that sexual offenders are not getting the length of incarceration that they deserve. There have been a number of references to those sentences. The ones that jumped out at me are based on the average prison sentences in 1993 and 1994 when statistics showed that sexual assault levels two and three, the more serious and high end assaults, get an average of 3.5 years incarceration. Again one has to ask if society is being sufficiently protected.
The average sentence for sexual touching of a child under the age of 14 is less than one year of incarceration. One questions the deterrent effect but one also has to question the rehabilitative aspect of a sentence of such short duration.
On top of that, let us remind ourselves that children under the age of 12 account for 16% of the population yet account for 28% of the victimization. I think that we as a society and as legislators must remind ourselves consistently that we have an obligation and responsibility to protect those most in need and those most vulnerable. That can be done through positive changes to our Criminal Code.
The numbers that I have referred to and others that have been referred to in this debate are incredible and do raise very important and serious questions as to what we as members of this House do in response and do we in fact do enough to protect those who are most vulnerable. Sadly, women and children in this country are the ones who are most often at the receiving end of victimization.
The very least we can do is take up the challenge, take these initiatives and see them through to fruition in a timely fashion. These changes to the Criminal Code are presented and put forward in a very common sense approach. It does not take a great deal of intellectual gymnastics to figure out what the intent of these changes are. Quite simply, I support them wholeheartedly. I really feel that sexual offences are not and should not be considered minor offences. Indeed, these short sentences somehow diminish the seriousness of the effect they have on victims.
By supporting this bill, we are going to tell the courts and those in the criminal justice system that we do consider these to be important changes.
By supporting the bill, we are also sending a very serious and strong message to perpetrators that this type of behaviour will not be tolerated and giving the judges an important tool to use in combating these types of human indiscretions.
Government improvements and general improvements to the Criminal Code transcend partisan politics as has been exhibited by the comments in the Chamber.
Let me end by referring to what a young mother has said to me about a young boy who was a victim of a sexual assault. She said “In requesting higher sentences for sexual offenders, I ask how can this be considered out of line when in fact the children are sentenced to life without parole in trying to live with what was inflicted on them”.
Heinous crimes are happening right now as we make these remarks. It is up to us to take up that challenge. I support this bill fully and I am sure those in the House will do likewise.
