44th Parl. 1st Sess.
October 25, 2023 02:00PM
Madam Speaker, today I rise to speak about Bill S-12, an act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act. The bill was reported back to us with some modifications by members of the Standing Committee on Justice and Human Rights following their careful study of its proposals.
Bill S-12 proposes amendments to both the publication ban provisions of the Criminal Code and the national sex offender registration regime. The bill is an example of the government's commitment to responding to concerns around sexual offending and demonstrating its overall commitment to victims of crime.
The proposed reforms of publication bans aim to increase victim autonomy and control in this area of the law. The changes proposed to the national sex offender registry would ensure the continued operation of this valuable police tool by making changes to bring it in line with the Canadian Charter of Rights and Freedoms.
First, I would like to discuss the amendments relating to publication bans. These proposals have been informed by the lived experiences of victims of sexual offending, and they have always had the empowerment of victims as their ultimate objective.
I want to give a particular thanks to My Voice, My Choice. This group has worked tirelessly to advocate for improvements to the publication ban regime. I can say with confidence that its members' advocacy has changed the national narrative on publication bans for the better. Without them, we would not be having this important conversation on returning agency to victims and ensuring that they are not silenced against their will.
My message to all victims and survivors is that these conversations are not over. We know that there is always more to be done. We can continue to fight for positive change. It is incumbent on us to see Bill S-12 as a step in the right direction, not an end point.
The amendments in Bill S-12 would improve communication between victims and justice system actors with respect to publication bans and ensure that there is a clear legislative process on how to amend or revoke a ban. Importantly, it is our intent that prosecutors consult with victims before a publication ban is invoked. Prosecutors should ascertain whether victims wish to have a ban in place and act accordingly. Moreover, the accused should not and will not have any say in whether a publication ban should be revoked or modified.
In addition, Bill S-12 would add clarity to the law with respect to the conduct captured by a publication ban. It is only in the rarest cases that a victim or witness should be prosecuted for such a breach. Publication bans are there to protect victims and should not be weaponized against them in the criminal justice system.
Another victim-centric element of Bill S-12 would improve victims' access to information in the criminal justice system. I am grateful to the federal ombudsperson for victims of crime, who advocated for this change.
Bill S-12 would ensure that victims are asked whether they would like to receive information on case developments after sentencing, such as appeals or parole. This would be a great improvement on the current system, in which victims must proactively make a request to receive information. In some cases, victims are not told that they must make this request, or they have trouble indicating their wishes.
Every victim is different; some want updates, while others want to move on and not hear about their case ever again. Bill S-12 recognizes that this choice is entirely theirs. Our justice system should ensure that victims are supported to make the best choice for themselves.
I will now turn to the Senate amendments made to the publication ban aspect of Bill S-12. For the most part, these amendments greatly improved the bill by creating a more robust and victim-centred approach to publication bans. However, some of these amendments raised concerns, which were voiced to the justice committee by the minister and were shared by some provincial attorneys general. We also heard testimony from organizations and individuals that represent victims, and they echoed some of these concerns.
In the Senate, provisions were added that would enhance communications with victims about the imposition of publication bans. For example, prosecutors would be required to ask the victim if they wished to have a publication ban that applied to their identifying information, as well as to inform a victim who was the subject of a publication ban about its existence and the right to revoke it. The Senate also amended the bill to propose a more robust process for how a publication ban can be revoked or varied. In addition, the Senate crafted provisions that would clarify what information is captured by a publication ban to ensure that victims could share their own information with friends and family, for example, without fear of any prosecution.
These were positive suggestions that improved the bill, and the justice committee was generally supportive of the intention behind these changes.
However, as I previously indicated, we heard testimony at the justice committee from witnesses who voiced concerns with the effects of some of the Senate amendments. I am grateful to the witnesses who lent their expertise to improve Bill S-12 by pointing out these concerns.
To that end, the justice committee proposes to delete language that would require the prosecutor to inform victims and witnesses who are subjects of a publication ban about the circumstances under which they could legitimately disclose information without facing legal consequences. The committee shared concerns raised by some of the provincial attorneys general that this proposal presented serious questions about prosecutorial independence and conflicts of interest. This is because some of the Crowns who would be giving that advice may also be called upon to prosecute an individual for the offence of breaching a publication ban.
I am confident that removing this language would not impact the objective of ensuring better communications with victims about a publication ban, but ensure our Crown prosecutors could continue to effectively carry out their duties. Further, some witnesses heard by the committee during the study said that they would prefer to see the Criminal Code include a list of professionals to whom victims or witnesses could disclose identifying information without breaching the publication ban.
In response, the committee proposed an amendment that would specify that victims or witnesses do not breach a publication ban if they disclose their identifying information in situations where the disclosure is to a legal professional, a health care professional or a person of trust. I would like to thank my colleagues in the Green Party and the member for Esquimalt—Saanich—Sooke who suggested this change.
I am strongly in favour of these amendments as I believe they add clarity to Bill S-12 while still respecting the overall objective of empowering and giving a greater voice to victims of sexual violence.
I now turn to the sex offender registry provisions in the bill. The legislation would strengthen the sex offender registry and respond to the Supreme Court decision striking down sections of the registry. Bill S-12 proposes that all sexual offenders must be placed on the registry in cases involving a designated offence unless they can show that the registration would be overbroad or grossly disproportionate to the objective of the registry. Providing this limited discretion to judges responds to the Supreme Court of Canada's decision while still ensuring a robust registry that would assist police in preventing and investigating sexual offences.
However, in recognition that there are some offenders who will always pose a higher risk of reoffending, Bill S-12 proposes to retain automatic registration for two categories of offenders.
The first category is repeat sexual offenders. If offenders are convicted of a sexual offence and have another sexual offence in their background they would automatically be registered. This is reflective of the social science evidence that indicates that repeat sexual offenders are twice as likely as first-time offenders to reoffend sexually.
The second category is offenders who commit sexual offences against children and are sentenced to two years or more of imprisonment in cases where the offence is prosecuted by an indictment. These offenders would be covered even in the case of a first-time offence. Proposing automatic registration for this category is reflective of the social science evidence that offending against children is a validated risk factor for sexual offending. Sexual offences against children are among the most heinous crimes and I condemn them in the strongest possible terms. Bill S-12 would ensure the police have the necessary tools to prevent and address these crimes.
I would like to be clear that limiting automatic registration to these two narrow categories of offenders is not intended in any way to signal that other sexual offending is any less serious. This could not be further from the truth. All sexual offending is reprehensible, but within the confines of the majority judgment in the Ndhlovu decision, I am confident this was as far as the government could go with respect to automatic registration.
I would like to be clear that this government has faith in the judiciary to make appropriate decisions. The bill also provides a robust appeal mechanism when there is a need to challenge a decision made by a trial judge about whether an offender should have been required to register.
In addition, Bill S-12 proposes to provide judges with a list of factors that are relevant to assessing an offender's risk of sexual reoffending. This proposed list incorporates well-established risk factors based on empirical social research.
In addition to providing guidance to judges, these factors are intended to address the criticisms and concerns reflected in the minority judgment about the possibility that myths about sexual offending will inform any part of a judge's decision.
I would like to close my remarks by reminding members that Bill S-12 also proposes other changes to strengthen the sex offender registration regime. Bill S-12 addresses operational issues that have been identified by our provincial, territorial and law enforcement partners. This includes, for example, creating a new compliance warrant provision that would allow police officers to arrest non-compliant offenders, bring them to a registration centre and give them an opportunity to provide the legally required information.
Bill S-12 would also expand the list of offences that qualify an individual for the registry. The list would include crimes such as non-consensual sharing of intimate images and sextortion. These are terrible crimes that have had serious impacts on Canadians, especially women and children. I am glad to see their inclusion on the list.
The bill would also require registered sex offenders to provide 14 days' notice of any travel as well as specific addresses of their destination. These changes have been lauded by American officials, including Attorney General Garland and Secretary Mayorkas. I know that these measures would contribute to enhanced security on both sides of our shared border.
I am confident that Bill S-12 is a balanced, thoughtful and constitutionally defensive response to the Supreme Court. It also represents our government's ongoing commitment to victims and survivors of crime. Victims and survivors must have full ownership of their own stories; this is critical. I urge all members to support this bill.
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Madam Speaker, I want to congratulate my friend's student. I know what an honour it is to be a mentor to young students who are entering the profession and it is quite something when they reach their goal, so well done.
First off, I was there and the minister was not hiding behind anybody. Let us make that clear, for starters.
This bill is quite clear and we had extensive debate. I really enjoy working with the member. I am relatively new to the committee. I have been on the committee before, but not with my colleague across the way. We have a good working relationship.
I am confident in saying that this bill would go very far in protecting children and making sure that those who are guilty of these heinous crimes that the member is referring to receive the punishment that is appropriate and necessary in the circumstances.
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Madam Speaker, the focus of this bill is victims' rights. Every section of the bill and every discussion we had with respect to the bill was with that in mind. The publication ban provisions, in particular, were entirely focused on victims' rights and making sure that they have the information that they need when they are caught up or involved in the legal system. I share the member's concern, and I can assure her again that the bill would do everything possible to make sure that victims' rights are not only acknowledged but information is communicated to the victims at the appropriate time.
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