44th Parl. 1st Sess.
October 3, 2023
- 05:36:31 p.m.
- Watch
- Read Aloud
Child-specific sexual offences are subject to a mandatory minimum penalty, which renders them ineligible for a conditional sentence order. That's my position.
24 words
- Hear!
- Rabble!
- add
- star_border
- share
- 05:36:39 p.m.
- Watch
- Read Aloud
Okay—and those haven't been struck down.
Let's say section 151 of the Criminal Code. I'm thinking back to a case that I asked you about, where a mother offended against a seven- or eight-year-old child. The judge reasoned that it was the first time it had happened and imposed a conditional sentence order after trial, so there was no mitigating value. It was overturned on appeal. I believe the charge was under section 151, but I don't recall that the appeal was on the basis that the sentence was illegal. It was that it was not proportionate. To my understanding, and maybe the official can correct me—I would defer to Mr. Brock—a number of those mandatory minimums have been struck down.
Is it your position that a person cannot get a conditional sentence order under, say, section 151 of the code, or section 271, sexual assault, if that is a sexual offence against a child? Is that your position?
171 words
- Hear!
- Rabble!
- add
- star_border
- share
- 05:37:35 p.m.
- Watch
- Read Aloud
I'm going to defer to Mr. Taylor with respect to the two provisions you just cited.
The broad-scale proposition about child sexual offenders is that people who are convicted with respect to a sexual offence against a child are subject to a mandatory minimum penalty. Anyone who is subject to a mandatory minimum penalty is not eligible for a conditional sentence order, such as house arrest.
I think the important aspect, to respond to you, Mr. Caputo, is that I share your concern about anyone who would commit a sexual offence against a child. That is why I want the sex offender registry restored. That is why we've made sure to double down on the idea of an offender against a child being subject to an automatic registration and not subject to the judicial discretion.
138 words
- Hear!
- Rabble!
- add
- star_border
- share
- 05:38:19 p.m.
- Watch
- Read Aloud
I'm sorry. I have only 30 seconds, Minister.
If there is any wiggle room on this, where somebody for a sexual offence against a child, including Internet luring under section 172.1, sexual interference or a sexual offence, for there to be a conditional sentence order, would you be prepared to plug that—yes or no?
58 words
- Hear!
- Rabble!
- add
- star_border
- share
- 05:38:37 p.m.
- Watch
- Read Aloud
I think it's important to...and if you're making an oblique reference to your private member's bill, I'd be—
24 words
- Hear!
- Rabble!
- add
- star_border
- share
- 05:38:43 p.m.
- Watch
- Read Aloud
I'm not. I'm just asking generally.
Hon. Arif Virani: Fair enough, Mr. Caputo.
Mr. Frank Caputo: We have five seconds. Is it yes or no?
27 words
- Hear!
- Rabble!
- add
- star_border
- share
- 05:38:47 p.m.
- Watch
- Read Aloud
I would be open to looking at any aspects that will help keep children safe in this country, yes.
I would invite Mr. Taylor to perhaps respond to the specific provisions cited by Mr. Caputo.
35 words
- Hear!
- Rabble!
- add
- star_border
- share
- 05:39:00 p.m.
- Watch
- Read Aloud
Yes, please, go ahead. It's an important question. If you don't have an answer today, you're also coming back on Thursday, I understand.
26 words
- Hear!
- Rabble!
- add
- star_border
- share
- 05:39:07 p.m.
- Watch
- Read Aloud
It's as you wish. Perhaps I can just very quickly confirm what the minister said.
Paragraph 742.1(b) is the rule that says if an offence is subject to a mandatory minimum penalty, it is not eligible for a conditional sentence, and in section 151, which Mr. Caputo referenced, it's punishable by mandatory minimum penalties.
58 words
- Hear!
- Rabble!
- add
- star_border
- share
- 05:39:32 p.m.
- Watch
- Read Aloud
4 words
- Hear!
- Rabble!
- add
- star_border
- share
- 05:39:33 p.m.
- Watch
- Read Aloud
5 words
- Hear!
- Rabble!
- add
- star_border
- share
- 05:39:34 p.m.
- Watch
- Read Aloud
No, no, no.
Voices: Oh, oh!
The Chair: I will now move to Madame Brière for five minutes.
20 words
- Hear!
- Rabble!
- add
- star_border
- share
- 05:39:40 p.m.
- Watch
- Read Aloud
Thank you, Madam Chair. Congratulations on your election.
Good afternoon, Minister. Thank you for joining us and congratulations on your new appointment.
It would appear that in practice, it can take a long time before victims can meet a judge or a justice of the peace and obtain all relevant information about their right to lift a publication ban. Not only that, but neither the court nor the attorney is required to inform victims that a publication ban has been imposed. It is therefore difficult for victims to comply with a ban when they don't even know that it has been imposed.
In your opening address, you pointed out that the sentence for failing to comply with a ban is sometimes harsher than the offender's sentence. Who informs victims of their right to request a publication ban, and when is that done?
145 words
- Hear!
- Rabble!
- add
- star_border
- share
- 05:40:51 p.m.
- Watch
- Read Aloud
This situation is addressed in several parts of the bill, Mrs. Brière.
As I previously mentioned, the first thing to be done is check a box on the form indicating that victims are to be informed about what will be happening henceforth. The second thing is that victims may request that a publication ban be lifted. There are circumstances in which such a request must be granted, but from time to time, a hearing may be necessary if the anonymity or personal details of another person, another witness, for example, is affected by this request.
The important thing for everyone to remember is that this bill will empower victims and witnesses and enable them to control and communicate their own information when required, by complying with a few conditions.
Ms. Wells, do you have anything to add on this?
143 words
- Hear!
- Rabble!
- add
- star_border
- share
- 05:42:34 p.m.
- Watch
- Read Aloud
4 words
- Hear!
- Rabble!
- add
- star_border
- share
- 05:42:34 p.m.
- Watch
- Read Aloud
Thank you very much.
During the victim rights study, you were asked to make the publication ban request process much easier.
When the ban continues, does it also apply when the person is in therapy or speaking with friends, for example? In other words, are victims required to comply with the ban when they are in therapy or engaging in personal discussions?
62 words
- Hear!
- Rabble!
- add
- star_border
- share
- 05:43:08 p.m.
- Watch
- Read Aloud
That's interesting, Mrs. Brière, because it pertains to everything I mentioned about the Senate. The Senate proposed eight or nine things. As I mentioned in my opening address, we truly want to give people the freedom to speak with their families, friends or health professionals such as therapists.
From what I understand of the Senate amendments, the aim is to broaden the divulging of information or disclosure that could be possible. We want to make sure that we have guardrails there such that the information is disclosed for certain purposes but not for any purpose.
That's what I was driving at in my opening remarks. It's important to really tailor the response accordingly.
119 words
- Hear!
- Rabble!
- add
- star_border
- share
- 05:44:09 p.m.
- Watch
- Read Aloud
2 words
- Hear!
- Rabble!
- add
- star_border
- share
- 05:44:11 p.m.
- Watch
- Read Aloud
The patient-therapist relationship is extremely important, and can help a victim to begin the rehabilitation process and also go to trial.
It can actually enhance reporting requirements when people understand that they won't be subject to the blunt force of an overly comprehensive publication ban.
47 words
- Hear!
- Rabble!
- add
- star_border
- share
- 05:44:33 p.m.
- Watch
- Read Aloud
Thank you.
Can someone other than the victim also request the lifting of a publication ban, like a spouse, a relative or, in the event of death, a victim's adult child?
32 words
- Hear!
- Rabble!
- add
- star_border
- share
- menumenu
- notificationsnotifications
- home
- mailmail
- searchsearch
