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Results: 1 - 4 of 4
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)
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