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Results: 1 - 6 of 6
View Bob Dechert Profile
CPC (ON)
Thank you, Mr. Chair.
This is a technical amendment, and so I'd be appreciative of hearing the officials on this as well.
Clause 8, as you know, proposes amendments to paragraph 171.1(1)(a) of the Criminal Code, which prohibits making sexually explicit material available to children in order to facilitate the commission of any of the enumerated child sexual offences, including the existing child prostitution offences.
Our proposed amendment would remove the references to subsections 212(1), 212(2), 212(2.1), and 212(4) for the reasons I've provided. There would be no gap in the law, and the accused person would always be charged with the law as it existed at the time they allegedly committed the offence.
On that basis we'll be supporting the amendment.
Nathalie Levman
View Nathalie Levman Profile
Nathalie Levman
2014-07-15 9:47
I think he spoke fairly to the amendment. These are preparatory offences, child sexual preparatory offences. The concern was to ensure that a person who committed a preparatory offence with the intention of committing a prostitution-related offence against a child would always be caught regardless of when the offence was committed. However, we have spoken to crowns who are experienced in historical-type prosecutions. They have assured us that this is not necessary, because the offence at the time the offence was committed would apply to the conduct. It's unnecessary and it may cause some confusion. That particular crown has recommended that we remove the reference.
Nathalie Levman
View Nathalie Levman Profile
Nathalie Levman
2014-07-15 9:49
The intention was to ensure that somebody who commits a preparatory sexual offence against a child, after Bill C-36 is enacted, would be caught. Therefore, we put the historical offences...listed them in, but subsequently, in terms of the intense review that we always do again and again, and consultations with crown, who actually of course apply these offences, we came to the conclusion that it wasn't necessary.
View Mike Wallace Profile
CPC (ON)
View Jack Harris Profile
NDP (NL)
Having had a chance to look at it, I thank Madam Kane for her suggestion that this is related to the amendments to the Criminal Records Act related to the new offences of making sexually explicit material available to a child under 16 or under 18 or under 14 for the purposes of the listed offences under the Criminal Records Act. We think that's appropriate, and we'll support it.
View Rob Nicholson Profile
CPC (ON)
One of the things you will notice is that the bill is comprehensive in the sense that it covers a wide range of sexual assaults or offences against children. It's designed, among other reasons, to make sure that an individual who is in the business of molesting children or abusing children does not escape the penalties that are within the Criminal Code.
In addition, it goes beyond the existing offences because we know that we have to continuously analyze what takes place in this type of activity. This is why we have included two new offences. While it is an offence for an individual to lure a child over the Internet to set that child up to be sexually exploited, it currently is not an offence in the Criminal Code for two adults to discuss among themselves how to do that. That is one of the changes that we have made.
The other change we have made, and again this is in response to problems we have heard about, is to make it an offence for somebody to give sexually explicit material to a child for the purpose of grooming that child, in essence setting that child up to be sexually molested because the child thinks that this is somehow normal behaviour.
Again, part of the challenge that we always have in the Criminal Code is to make sure it continues to respond to what takes place out there. As you know, this is an increasing problem. I hear in my conversations with attorneys general outside Canada about the increase in this kind of activity on computers, so our job as legislators is to try to make sure that our legislation is up to date and covers as much of this activity as we can possibly get within the Criminal Code. You will see it's very wide-ranging and comprehensive.
My colleague has a comment.
Results: 1 - 6 of 6

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