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Member of Parliament

Andréanne Larouche

  • Member of Parliament
  • Member of Parliament
  • Bloc Québécois
  • Shefford
  • Quebec
  • Voting Attendance: 66%
  • Expenses Last Quarter: $81,135.43

  • Government Page
Context: House Hansard - 150 - Jan/31/23
Ms. Andréanne Larouche (Shefford, BQ)
Madam Speaker, I rise today to speak to Bill C‑291. Some bills seem less substantial than others, but are just as important. The bill amends the Criminal Code to replace the term “child pornography” with “child sexual abuse and exploitation material” and make consequential amendments to other acts. Words sometimes carry great weight. As I just mentioned, this bill makes no other changes than replacing the term “child pornography” with “child sexual abuse and exploitation material”, and has no legal consequences per se. First, I want to say that the Bloc Québécois supports this bill. Even though this bill has no legal consequences, it does make us think about the importance of terms, their scope and their deep meaning. According to the bill's sponsor, the member for North Okanagan—Shuswap, the objective is to link the charge of child pornography to sexual abuse. Without changing the definitions, since the notions of consent and current sentences will stay the same, Bill C‑291 explicitly expresses the fact that such an offence is an act involving the sexual abuse of a child. We understand and support the underlying principle. In my speech, I will share my thoughts on the importance of the words used to provide additional detail about this bill, reiterate the importance of training judges and conclude by expanding my argument to include cybercrime. First, the term “pornography” seems overused and ambiguous in the sense of both the legal definition and the general definition, because its scope is very relative and can depend on a given individual's sensitivity. Moreover, some schools of thought disagree on the degree of consent pornography supposes and whether pornography is essentially a form of violence. Some feminist thinkers see it that way, and regular consumption of pornography also contributes to rape culture. One thing is clear: Pornography in and of itself is not a crime, but there are the exceptions we are all familiar with, including child pornography. In other cases, it is difficult to see a clear and consensual difference between eroticism and obscenity, pornography and violence. It all comes down to the participants' consent, which is impossible to establish or obtain. When children are involved, the Criminal Code pretty clearly defines the acts, but I will spare my colleagues a reading of that. It is understandable to be shocked by the fact that a term with no criminal or even negative connotations is attached to such despicable acts, hence the principle of Bill C-291. In the healing process, it is important, from the outset, that the victim is relieved of guilt about the events and that the burden is carried by the abuser. Naming the abuse can also help the victim. It may not seem important, but being a victim of child pornography does not have the same connotation as being a victim of child sexual abuse. A person charged with possession of child pornography will not be charged with sexual assault. However, they are indirectly participating in it by not reporting it and by taking advantage of the situation to deliberately indulge their deviant urges. Most of the time, the victim is not mentioned in child pornography cases, except to say that they were indeed a child. When we talk about child sexual abuse material, we are doing two things: We are naming the abuse that the child is suffering, and we are calling the accused a child molester. These are much more powerful words, even though we are talking about the same act. They put things in perspective. In a crime involving child pornography, there is a victim of abuse and there is an abuser, the child molester. In many types of crime, there is often a grey area, extenuating circumstances, possible doubt over the degree of guilt, participation and consent of the victim. In the case of child abuse, everything is clear and we have to call a spade a spade. What is more, this term is already being used by some advocacy groups, including the Canadian Centre for Child Protection and Canada's national tipline for reporting the online sexual exploitation of children. Children are disproportionately the victims of sexual offences and are especially vulnerable. In Quebec, 54.4%, or the majority, of victims of sexual assault are adults, but the number of victims under 18 is growing faster than the number of adult victims, with annual increases of 9.5% and 4.3% respectively. Victims of other sexual offences are nearly exclusively minors, at 90.8%. These offences include sexual interference and invitation to sexual touching, luring and publication of intimate images. These statistics make it clear why victims and their loved ones feel as though these situations are being downplayed. If an offence is not a direct aggravated sexual assault, then it gets classified under “other offences”. In reality, however, the possession of child pornography often involves sexual assault that is often even documented. According to the Quebec Department of Public Safety, these types of crimes are on the rise. Cases of sexual interference and luring have risen by 6% and 9% respectively. These are moderate increases. Cases of incest have risen by 4.3%. Cases of publication of an intimate image without consent have risen by 7.4%, and cases of invitation to sexual touching have risen by 1.4%, and that number has held steady. These are chilling statistics. Sexual acts and activities must only take place with the free and informed consent of the participants. The concept of consent is essential. It is based on the idea that the person is fit to make a decision and that they understand the implications and consequences. In Canada, the age of consent to sexual activity is 16. However, in the case of all minors, including those who are aged 16 and 17, a young person cannot legally consent if a sexual partner is in a position of authority over them. If the young person is dependent on their sexual partner for support and has nowhere else to go and no one else to care for them, then they are in a relationship of dependency. The relationship is exploitative when, as of the age of 12, there are close-in-age exceptions. A person who is 12 or 13 can consent to sexual activity if their partner is less than two years older. A person who is 14 or 15 can consent to sexual activity if their partner is less than five years older. That means that even if one of the partners is over the age of majority, as in the case of a couple consisting of a 15-year-old and a 19-year-old, consenting sexual contact can take place with a minor as long as they are close in age. This also means that, conversely, in a situation where one member of the couple is over the age of majority, as in the case of a 14-year-old and a 19-year-old, the child cannot legally consent to sexual activity and the act becomes a sexual offence, even with the consent of the minor's parents. There is no possibility of consent when a child is under the age of 12. It is worth noting that the clause-by-clause consideration of the bill in committee took only 30 minutes. This is an uncontroversial bill, despite the number of amendments that were moved. In fact, most of the amendments came from the government. There was absolutely no debate on the substance of the bill, and all the amendments proposed by the government, 15 in all, were adopted unanimously. This is important work. Amendments G-1 and G-12 essentially added the notion of exploitation to the term “child sexual abuse material” to make it clear that possession of such material automatically involves the exploitation of a child. Naturally, these amendments were also adopted. Also, not all judges have the knowledge required to deal with sexual assault cases or cases involving certain groups. We have been talking about this for a long time. Training for judges is important. The case of Judge Jean-Paul Braun is a shocking example. He said out loud during a trial that the victim, who was a minor at the time of the assault, had a pretty face and should feel flattered to have attracted the attention of an older man. An Alberta judge was fired after making what were considered sexist and racist remarks about indigenous people, abused women and victims of sexual assault. An acquittal was overturned because a judge who found a man accused of sexually assaulting children not guilty relied on stereotypes. The judge suggested that, because nobody noticed anything, the girl, who was only between the ages of 6 and 12 at the time, was not credible. The judge said the child's testimony was not transparent, reliable, sincere or credible. Forcing all judges to participate in sexual assault and social context training would destroy certain stereotypes and myths that influence judges' decisions and their attitudes toward victims. Fortunately, Bill C‑3 called on the Canadian Judicial Council to ensure that federal judicial appointees to various courts have the tools to help them preside over sexual assault cases. My colleague from Rivière-du-Nord, who worked on that bill, pointed that out. The third time around, Bill C‑3 was finally unanimously passed by all MPs. It was passed on division in the Senate and received royal assent on May 6, 2021. It is an important bill. In addition, the whole issue of cybercrime is also troubling. Last week, I had a chance to talk with Hugo Loiseau, a professor at the Université de Sherbrooke who is studying this issue. A cybercrime is a criminal offence committed through a computer system that is usually connected to another network. This whole issue of child pornography content, along with incitement to terrorism or hatred, falls under the category of cybercrime. In conclusion, the All Party Parliamentary Group to End Modern Slavery and Human Trafficking is following this issue closely and is considering recommendations that could be made to the government to take action.
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Context: House Hansard - 147 - Dec/13/22
Ms. Andréanne Larouche (Shefford, BQ)
Madam Speaker, I thank my colleague for the speech he made today. As a member of the Standing Committee on the Status of Women, I will also add my voice to that of my chair. This type of non-partisan bill that addresses the safety of our young women and our young girls is essential. As my colleague mentioned, we worked together on Bill C‑233. I will not elaborate on this, but I just wanted to say that, to me, it is essential to finish the year on this note, with no partisanship, to ensure the safety of our women and girls.
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