44th Parl. 1st Sess.
October 4, 2023 02:00PM
- Oct/4/23 2:13:22 p.m.
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Mr. Speaker, as we approach Thanksgiving weekend, I would like to share my gratitude with this House and all Canadians watching us.
First, I wish to express my profound appreciation to my family. Their support has been the cornerstone of my work as a member of Parliament. I also want to convey my thanks to my constituents. They work hard to raise their families, help their neighbours and make our communities a better place to live. Their commitment inspires me and I am forever grateful for the privilege to serve as their representative.
Additionally, I want to thank all my Conservative colleagues for continuing to stand together to build a future that reflects the values we hold dear. Separate thanks go to our staff members, who assist us in our communities every single day.
Last but certainly not least, I would like to express my appreciation to our Conservative leader and Canada's next prime minister for giving Canadians hope against all the despair in this country, which is so important this holiday season.
I thank my friends and wish them all a relaxing and joyful Thanksgiving.
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Mr. Speaker, it is always an honour and a privilege to rise in the House to speak to a bill on behalf of the fine residents of Brantford—Brant.
I know there are many victim advocacy groups that are watching this particular debate, not necessarily me, but certainly the debate itself. I know one such passionate group, My Voice, My Choice, would also be watching this and taking an active interest.
After eight years of the NDP-Liberal government, sex-related crime has nearly doubled up to 82.5%. This so-called feminist government has dragged its heels on this issue, and this legislation may not be passed before the effective provisions expire, which is 24 days from now, on October 28, 2023. The impact of that is that sex offenders could escape registration because of the Liberal government's complete incompetence.
Canada's Conservatives are supportive of this legislation, and I will say that at the outset, that would protect the public from sexual offenders, but the bill does not go far enough. Conservatives believe that all sex offenders must be listed on the national sex offender registry, and we would amend the legislation to ensure this. We know that women and children are disproportionately victimized by sexual offenders, and this bill would make it harder for law enforcement to prevent and investigate sexual offences.
It is important that I give a brief historical overview of this particular legislation in this area. The legislation known as SOIRA was first passed by the Liberal government in 2004, with all parties supporting it. It introduced the idea that registered sex offenders were required to report annually to registration centres, as well as declare any changes of residence, travel plans or changes. However, the enrolment on the registry was at the discretion of the prosecution, and the registry's efficacy was compromised by the exclusion of nearly half of all convicted sex offenders.
As a result, the Harper government, in 2011, introduced and passed Bill S-2 with unanimous support, which made inclusion in the registry mandatory for those convicted of any sexual offence and made inclusion for life mandatory for those convicted of multiple offences.
All of this was changed by the Supreme Court of Canada on October 28, 2022, in the R. v. Ndhlovu decision, which struck down two key sections of the Criminal Code. By way of facts, the accused, the offender, was 19 when he sexually assaulted two women at a party, resulting in two separate sexual offences for which he served six months in jail. He was added to the sex offender registry for life.
Now, by a five-four split decision, the court struck down the provisions that anyone found guilty of a sexual offence would be automatically registered. By a nine-zero decision, they also struck down the mandatory registration for life for those who commit more than one such offence.
What does Bill S-12 do to correct this? Bill S-12 would create judicial discretion to add offenders to the registry, one, in cases where child sex offenders are sentenced to two years or more in prison where the Crown proceeded by indictment, and, two, for any repeat offender who has previously been convicted of a sexual offence. The bill would allow judges the ability to impose lifetime registration for sexual offenders who are found guilty of more than one offence at the same time, if the offender poses a risk of reoffending, but that is with judicial discretion.
The bill focuses squarely on the offence of sexual assault. It is important that I spend a little time talking about the unique challenges of this offence. Sex assault is the most unreported violent crime in Canada. People with disabilities are at greater risk of victimization and are even less likely to engage with the criminal justice system. Class, ethnicity, religion, nation of origin, community, age, sexual orientation and gender identity may make reporting more difficult.
Sex assault usually occurs in private. It is a profound invasion of its victims' physical and psychological boundaries. In most cases, the perpetrator is known to the victim. The attack often leaves no outward injury, but can devastate its victims, who may suffer in isolation and often in silence.
Sex assault complainants and victims have long felt a lack of confidence in the criminal justice system's ability to protect them and to hold offenders accountable. Conviction rates have not improved, and the fear of revictimization during the course of the prosecution remains.
Reporting rates of sexual offences to police hover around 5%, with 41% of those cases resulting in a charge being laid. Data for the last 35 years suggests that there is a significant statistical decline in conviction rates during the last 15 years. In Canada alone, that conviction rate went from 26.5% to 14%.
Another key feature of the bill relates to the rights of victims. Specifically, I am going to draw upon some material that I received from the victims advocacy group My Voice, My Choice:
Victim-complainants of sexual offences have the right to request a publication ban under section 486.4 of the [current state of the law].
The purpose of this type of publication is to encourage reporting and has the effect of providing victim complainants with protection from being publicly identified. There are considerable issues with respect to how victims and complainants are informed of their pub bans under that section and whether they are provided the necessary information about how to comply with the terms of the ban and eventually have it removed should they desire.
The material continues:
In reality, many prosecutors [, such as myself during my time as a prosecutor,] ask the judge or justice for a section 486.4 publication ban upon the first appearance of the accused in court, long before a victim-complainant is involved and participates in proceedings.
I also want to share with the House the frustration many victims have with respect to this particular provision and also the penalties they are experiencing currently because of the publication ban.
In March 2021, a victim in Kitchener–Waterloo was charged, prosecuted and convicted of breaching the terms of her publication ban for emailing a court transcript to her close supporters. The conviction was later overturned on appeal due to a technicality, but this example shows how prosecutors do not understand the purpose of a section 486.4 ban.
Here is another case. In May of 2021, a victim in Ottawa asked her Crown attorney in court to remove the ban, but the prosecutor said that she was not sure of the process or policy, or if the Crown would consent to the removal. After asking the judge directly herself while in the sentencing hearing, the complainant was told that the judge was no longer functus and could not help. When a third Crown attorney eventually applied to have the publication ban removed, the defence attorney opposed the application and was permitted to make submissions as to why the ban should not be removed. She never consented to having a publication ban.
These are just a few examples of the frustrations victims have had across this country not only when trying to get advice and information from the Crown so they can participate in the process, but also when trying to remove the ban.
Lastly, I wish to talk about the dissenting opinion in the Supreme Court of Canada decision, because I think the language is really illustrative of the problem we have here. I am quoting from the dissent, which states that:
But the exercise of discretion was the very problem that prompted Parliament to amend the Criminal Code to provide for automatic registration of sex offenders...(“SOIRA”). Specifically.... The evidence is clear that even low risk sex offenders, relative to the general criminal population, pose a heightened risk to commit another sexual offence. It is also clear that it cannot be reliably predicted at the time of sentencing which offenders will reoffend. In the face of that uncertain risk, Parliament was entitled to cast a wide net.
It is in that particular wide net that we are asking for, by way of amendment, to include all those who are convicted of sex offences, particularly against children. There ought not to be a discretionary exercise by way of a justice.
Canada's Conservatives are supportive of legislation that will protect the public from sex offenders, but the bill does not go far enough. We believe all sex offenders must be listed on the registry and we would amend the legislation to ensure this. Conservatives would end the government's soft-on-crime approach and bring home safe streets for Canadians and particularly for the victims of sexual assault across this country.
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Mr. Speaker, my friend has hit the nail on the head. Mandatory training applies not only to judges who clearly need it. Clearly we have judges who do. I need only cite a number of cases from across this country where judges, particularly more experienced judges, have often relied upon some rape myths to try to establish the rationale as to why an individual was acquitted. Too many judges follow through with that trapped line of thinking, which is archaic, which is wrong and which completely revictimizes the victims. As such, training is essential, not only for justices, but Crown attorneys, defence counsel and all participants in the criminal justice system to ensure that victims are treated as fairly as the accused.
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Mr. Speaker, it is very simple: It is the notwithstanding clause. If I had a full 20-minute speech and an opportunity to share all the relevant details of the dissenting report, I would encourage my colleague to actually spend some time, because the language is so instructive on that particular question.
All sex offenders, particularly against children, pose a heightened risk to reoffend. The concern that we Conservatives had is that now, where Crowns can proceed by way of summary conviction as opposed to indictment, we would be giving that power to judges to do the right thing in the exercise of their discretion. We would be giving an opportunity for the sexual offender to justify why he ought not be registered, because his privacy may be invaded in some fashion, at the expense of the victim.
As such, I would encourage my friend to actually read the dissenting opinion. I am sure his opinion would be the same as mine, that all individuals convicted of sex offences, whether by indictment or by summary conviction, ought to be placed on the registry for the protection of the public.
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Mr. Speaker, it is all about the supremacy of Parliament. The language in the dissenting report from the Supreme Court of Canada made it abundantly clear that this was the rationale behind the amendments made by Prime Minister Harper in 2011. To reflect upon that, it took the better part of 12 years before there was a successful charter challenge, which made its way all the up to the Supreme Court of Canada. That is quite telling, and I would again encourage my friend and colleague from the NDP to also review the dissenting opinion, because perhaps some of the answers she seeks are found in that opinion.
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