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Edited Hansard • Number 081
Monday, March 31, 2003
The House resumed from March 21, 2003, consideration of the motion that
Bill C-20, An Act to amend the Criminal Code (protection of children and other
vulnerable persons) and the Canada Evidence Act, be now read a second time and
referred to a committee.
[Hansard – Page 4899-4900]
Mr. Garry Breitkreuz (Yorkton—Melville, Canadian Alliance): Mr. Speaker, I would like to add my voice to those of my colleagues in regard to Bill C-20, the bill that makes amendments to the Criminal Code to safeguard children from sexual exploitation, abuse and neglect.
I would like to make a few observations. This legislation is of course very complex. It has many cumbersome provisions that will not make it easier to prosecute sexual predators. The existing defences of child pornography such as artistic merit, it is educational, scientific or for medical purpose and the public good are now being reduced in this bill to the single broad defence of “the public good”. This is simply not sufficient.
First, there is no substantial difference between this defence and the previous defence, the community standards test. That was rendered ineffective by the Supreme Court in 1992 in the Butler case. The community standards test, just like the public good defence, was concerned primarily with the risk of harm to individuals in society. There is no positive benefit in recycling laws that have already been discredited by the courts. That is why I would ask the government to strengthen this legislation.
Second, it is clear that the artistic merit defence which has been eliminated on paper may still apply in practice. The minister has simply renamed and repackaged the artistic merit defence in this bill.
The bill does not raise the age of consent of sexual activity between children and adults as my previous colleague mentioned. The bill creates the category of sexual exploitation with the intended aim of protecting children between the age of 14 years and 18 years. In determining whether a person is in a relationship with a young person that is exploitative of a young person, a judge must consider the age difference between the accused and the young person, the evolution of the relationship and the degree of control or influence by the person over the young person.
It is already against the law for a person in a position of trust or authority with whom a young person, someone between 14 years and 18 years was in a relationship of dependency, to be sexually involved with that young person. It is unclear how adding people who are in a relationship with a young person that is exploitative of the young person will help protect young people. By the Liberals failing to prohibit adults having sex with children under the age of 16 years, the police and parents are still faced with the continuing task to children that is not effectively addressed by these amendments, but a continuing risk of that. Only by raising the age of consent will young people be truly protected under the Criminal Code.
The bill increases maximum sentences for child related offences. These offences include sexual offences, failing to provide the necessities of life and abandoning the child. This is truly meaningless if the courts do not impose the sentences. Currently, sex offenders often receive a slap on the wrist and serve time in the community. What is needed is truth in sentencing, eliminating statutory release and conditional sentencing for sex offenders and putting in minimum sentences in order to deter child predators.
Modern technology has surpassed the legislative provisions that govern the use of evidence in these cases. The bill fails to address those shortcomings and amendments are required in order to deal with child pornography cases effectively and efficiently.
The bill creates a new offence of voyeurism and distribution of voyeuristic material. This is a positive step. This makes it an offence to observe or make a visual recording of a person who should have a reasonable expectation of privacy if the person is in a place in which the person can be expected to be nude or engaged in sexual activity.
As to the impact the legislation will have on the family, we must observe that there are no substantial improvements that will benefit children and their families. The protection of children is of vital interest to Canadian families but this bill fails to take the necessary steps to address pressing concerns in this area.
The Canadian Alliance has called for the complete elimination of the artistic merit defence and for the age of consent to be raised to 16 years from 14 years. The bill does not do that. Bill C-20 falls short of protecting Canada's children. The Canadian Alliance will continue to advocate raising the age of consent to 16 years and will continue to advocate for the elimination of defences that protect sexual predators. I will have to oppose this legislation because it is just not good enough.
I agree with my colleagues in the Canadian Alliance. The bill is a timid first step for Canadian children. It is complex and has cumbersome provisions that will not make it easier to prosecute sexual predators. Police and prosecutors still do not have the tools to deal with child pornography cases effectively or efficiently. Children must be protected from abuse at the hands of adult predators, regardless of whether that relationship is a so-called trust relationship or not. The Liberals' failure to prohibit all adult-child sex leaves children at an unacceptable risk.
After months of the Canadian Alliance demanding an elimination of the artistic merit defence, the Liberals have finally recognized its danger. Unfortunately, the Liberals have replaced the existing defences with the single defence of the public good. There really is no substantial difference between this defence and the previous defence that was rendered ineffective by the Supreme Court in 1992.
Higher maximum sentences for child pornography and predation will not be effective unless the courts enforce them. The bill also fails to prohibit conditional sentences for child sex crimes. Child predators should serve their sentences in prison, not in the community.
The age of consent for adult-child sex must be raised from 14 years to 16 years in addition to the new category of exploitative relationship. The bill's criteria for evaluating if a relationship is exploitative are vague and very subjective. By not raising the age from 14 years to 16 years, Canada's children are still at risk.
I add my voice to those of my colleagues. I have to oppose this legislation. Even though there are some good provisions in it, it just does not do what it should do.