- Member of Parliament
- Member of Parliament
- Bloc Québécois
- Shefford
- Quebec
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Mr. Speaker, as the member for Shefford and the Bloc Québécois critic for the status of women, I want to say that we support Bill C-270 in principle. We would like to examine this bill in committee. The Bloc Québécois fully supports the bill's stated objective, which is to combat child pornography and the distribution and commercialization of non-consensual pornography.
Since the first warning about the tragedy of women and girls whose sexual exploitation is the source of profits for major online porn companies, the Bloc Québécois has been involved at every stage and at all times in the public process to expose the extent of this public problem, which goes to our core values, including the right to dignity, safety and equality.
On this subject of online sexual exploitation, as on all facets and forms of the sexual exploitation of women, we want to stand as allies not only of the victims, but also of all the women who are taking action to combat violence and exploitation. I will begin by giving a little background on the topic, then I will explain the bill and, in closing, I will expand on some of the other problems that exist in Canada.
First, let us not forget that the public was alerted to the presence of non-consensual child pornography by an article that was published in the New York Times on December 4, 2020. The article reported the poignant story of 14-year old Serena K. Fleites. Explicit videos of her were posted on the website Pornhub without her consent.
This Parliament has already heard the devastating, distressing and appalling testimony of young Serena, which helped us understand the sensitive nature and gravity of the issue, but also the perverse mechanisms that porn streaming platforms use to get rich by exploiting the flaws of a technological system that, far from successfully controlling the content that is broadcast, is built and designed to promote and yet conceal the criminal practices of sexual exploitation.
Reports regarding the presence of child sexual abuse material and other non-consensual content on the adult platform Pornhub led the Standing Committee on Access to Information, Privacy and Ethics to undertake a study on the protection of privacy and reputation on online platforms such as Pornhub. My colleague from Laurentides—Labelle has followed this issue closely.
The committee noted that these platforms' content moderation practices had failed to protect privacy and reputation and had failed to prevent child sexual abuse material from being uploaded, despite statements by representatives of MindGeek and Pornhub who testified before the committee.
That same committee looked at regulating adult sites and online pornography, without challenging the legality. The committee heard testimony from survivors, critics of MindGeek's practices, child protection organizations, members of law enforcement, the federal government, academics, experts and support organizations, and it received many briefs.
The Standing Committee on Access to Information, Privacy and Ethics made 14 recommendations regarding the problems it had studied. The committee's 2021 report was clear and it recommended that the government introduce a bill to create a new regulator to ensure that online platforms remove harmful content, including depictions of child sexual exploitation and non-consensual images.
We know that sexually explicit content is being uploaded to Pornhub without the consent of the individuals involved, including minors, and that these individuals have tried and failed to get Pornhub to remove that content. We know that these survivors have been traumatized and harassed and that most of them have thought about suicide. That is the type of testimony that we heard at the Standing Committee on the Status of Women with regard to cases of sexual exploitation.
We know that even if content is finally removed, users just re-upload it shortly afterward. We know that the corporate structure of MindGeek, which was renamed Aylo last August, is the quintessential model for avoiding accountability, transparency and liability. We know that investigations are under way and that there has been a surge in online child sexual exploitation reports.
We must now legislate to respond to these crimes and deal with these problems. We also need to keep in mind the magnitude of the criminal allegations and the misconduct of which these companies are accused. Just recently, a new class action lawsuit was filed in the United States against MindGeek and many of the sites it owns, including Pornhub, over allegations of sex trafficking involving tens of thousands of children.
Let us not forget that these companies are headquartered right in Montreal. The fact that our country is home to mafia-style companies that profit from sexual exploitation is nothing to be proud of. The international community is well aware of this, and it reflects poorly on us. For these reasons, we have an additional obligation to take action, to find solutions that will put an end to sexual exploitation, and to implement those solutions through legislation.
With that in mind, we must use the following questions to guide our thinking. Are legislative proposals on this subject putting forward the right solutions? Will they be effective at controlling online sexual exploitation and, specifically, preventing the distribution of non-consensual content and pornographic content involving minors?
Second, let us talk a little more about Bill C‑270. This bill forces producers of pornographic material to obtain the consent of individuals and to ensure that they are of age. In addition, distributors will have to obtain written confirmation from producers that the individuals' consent has been obtained and that they are of age before the material is distributed. These new Criminal Code provisions will require large platforms and producers to have a process for verifying individuals' age and consent, without which they will be subject to fines or imprisonment.
The House will be considering two bills simultaneously. The first is Bill C-270, from the member for Peace River—Westlock, with whom I co-chair the All-Party Parliamentary Group to End Modern Slavery and Human Trafficking. The second is Bill C-63, introduced by the Minister of Justice, which also enacts new online harms legislation and aims to combat the sexual victimization of children and to make intimate content communicated without consent inaccessible.
We will need to achieve our goals, which are to combat all forms of online sexual exploitation and violence, stop the distribution and marketing of all pornographic material involving minors, prevent and prohibit the distribution of explicit non-consensual content, force adult content companies and platforms to control the distribution of such content, and make them accountable and criminally responsible for the presence of such content on their online platforms.
There is a debate about the law's ability to make platforms accountable for hosted content. It also raises questions about the relevance of self-regulation in the pornography industry.
Third, let us talk about what we can do here. Due to the high volume of complaints it receives, the RCMP often reacts to matters relating to child sexual abuse material, or CSAM, rather than acting proactively to prevent them. Canada's criminal legislation prohibits child pornography, but also other behaviours aimed at facilitating the commission of a sexual offence against a minor. It prohibits voyeurism and the non-consensual distribution of intimate images. Other offences of general application such as criminal harassment and human trafficking may also apply depending on the circumstances.
In closing, I will provide a few figures to illustrate the scope of this problem. Between 2014 and 2022, there were 15,630 incidents of police-reported online sexual offences against children and 45,816 incidents of online child pornography. The overall rate of police-reported online child sexual exploitation incidents has also risen since 2014. The rate of online child pornography increased 290% between 2014 and 2022. Girls were overrepresented as victims for all offence types over that nine-year period. The majority of victims of police-reported online sexual offences against children were girls, particularly girls between the ages of 12 and 17, who accounted for 71% of victims.
Incidents of non-consensual distribution of intimate images most often involved a youth victim and a youth accused. Nearly all child and youth victims, 97% to be exact, between 2015 to 2022 were aged 12 to 17 years, with a median age of 15 years for girls and 14 years for boys. Overall, nine in 10 accused persons, or 90%, were youth aged 12 to 17. For one-third of youth victims, or 33%, a casual acquaintance had shared the victim's intimate images with others.
Here is a quote from the Montreal Council of Women: “On behalf of the members of the Montreal Council of Women, I wish to confirm our profound concern for those whose lives have been turned upside down by the involuntary and/or non-consensual sharing of their images on websites and other platforms such as the Montreal-based Pornhub. The ‘stopping Internet sexual exploitation act’ will make much-needed amendments to the Criminal Code to protect children and those who have not given consent for their images and other content to be shared and commercialized.”
We must act. It is a question of safety for our women and girls. Young women and girls are depending on it.
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- Feb/29/24 10:19:20 a.m.
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Madam Speaker, I seek unanimous consent to table the Bloc Québécois's supplementary report.
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Madam Speaker, I recall very specifically that, during the 2019 election campaign, the leader of the Bloc Québécois, the member for Beloeil—Chambly, came to Shefford, to Valcourt, to present the Bloc Québécois's proposals regarding economic nationalism to protect our head offices. That is essential in Quebec. We have a completely different SME model, and Bill C-34 really overlooks that fact.
I would like my colleague to talk about the importance of protecting our economic levers.
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Mr. Speaker, the Bloc Québécois believes the health care system must remain universal and free.
I think health transfers will breathe life into the system. This is important. It is crucial.
With respect to private medicine, as I said, the Bloc Québécois is in favour of universal free public health care. That is essential.
That means the federal government has to stop shortchanging the health care system, as it has been doing for far too long. We all know the Liberals and Conservatives have been making cuts since the 1990s. Let us reinvest in our health care system and give Quebec and the provinces the money they need to make good things happen and give sick people the care they deserve.
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Madam Speaker, as the Bloc Québécois critic for the status of women and the vice-chair of the Standing Committee on the Status of Women, I rise today to speak to Bill C-233 yet again.
The bill is now at report stage. It amends the Criminal Code to require a justice, before making a release order in respect of an accused who is charged with an offence against their intimate partner, to consider whether it is desirable, in the interests of the safety and security of any person, to include as a condition of the order that the accused wear an electronic monitoring device. The bill also amends the Judges Act to provide for continuing education seminars for judges on matters related to intimate partner violence and coercive control.
I can confirm that the clause-by-clause study was conducted in a truly collaborative spirit at the Standing Committee on the Status of Women. Its members were focused on one thing only, because the lives of women and children, as well as men, let us not forget, are at stake.
At the risk of repeating myself, the Bloc Québécois will vote in favour of Bill C-233. I will begin my speech by talking about the important role of this bill, with its inclusion of electronic monitoring devices, in addressing intimate partner violence. I will then talk about coercive control and will close by making a few more proposals on how to complete the continuum of assistance for women and children who are affected by intimate partner violence.
First, let us look at the role this bill can play in cases of intimate partner violence. Recently, Quebec called upon Ottawa to act. A few days ago, the Quebec public security minister explained that electronic monitoring devices could be issued only by authorities under Quebec jurisdiction and for provincial sentences. That means that only provincial sentences of two years less a day will be covered and that offenders who are given longer sentences in federal penitentiaries will be exempt. As a result, last week, Minister Geneviève Guilbault openly invited the federal government to follow Quebec's lead, while reminding the government that Quebec has control over what falls under our jurisdiction. Ms. Guilbault said that she spoke about this with the federal public safety minister.
With Bill C‑233, electronic monitoring devices would be used in cases involving serious sex offenders who have received a sentence of more than two years, to be served in a federal institution, because sentences under two years are served in institutions run by Quebec. The federal government had little choice but to follow suit, especially since electronic monitoring devices are already used in other countries, like Spain and France. We should be able to build on their experiences. I have also spoken with the Australian consulate about making coercive control a criminal offence. We will will come back to this.
The other problem has to do with the Internet and the technological gaps, since, realistically, broadcasting and transmitting services are not going to be implemented across Canada in the short term. A number of witnesses expressed concerns in committee about how this would affect the implementation of this measure. They told us that a woman's postal code should not determine whether they can feel safe. Nevertheless, this device must in no way be used as an excuse to reduce funding for other measures to combat domestic violence. These support measures are managed by the Government of Quebec, and Quebec must continue to receive the money required to run them.
For the other part of the bill, it is important to note that it addresses coercive control only with respect to the education of judges. The Criminal Code amendment proposed in this bill does not criminalize coercive control even though numerous experts, some of them internationally recognized, made that recommendation to the status of women and justice committees a number of times. The experts emphasized that the notion of coercive control is inextricably linked to the definition of intimate partner violence and that acknowledging this notion in Canada's Criminal Code would trigger the awareness and training mechanisms needed by the professionals and people on the ground who work directly with victims along with the funding to pay for it.
Let us not forget that family violence needs to be part of the conversation. In addition to the women who were murdered, 14 children were killed last year in intimate partner violence incidents.
Regarding the importance of the device, Ms. Lemeltier from the Regroupement des maisons pour femmes victimes de violence conjugale cautioned that we must not think that intimate partner violence ends once the woman leaves the family home, because that is not true. The violence can morph into what is referred to as postseparation spousal abuse. It can manifest in many ways, including harassment on social media, maintaining financial control, withholding a woman's immigration documents or denying supervised right of access, which impacts children's safety.
This controlling behaviour continues and gets worse over time. The period after a separation is the most dangerous time for women and children. The amendments proposed in the bill to the Judges Act are therefore in keeping with the Bloc Québécois's positions in that they help enhance the protection of complainants. The issue of victims' safety is crucial.
This amendment would expand judges' education on sexual assault so they have a more in-depth understanding of intimate partner violence, by adding a component on coercive control.
It is reasonable to believe that a better understanding on the judges' part will improve the protection and safety of victims of intimate partner violence. That is something that I insisted on adding in our committee study.
My party welcomes any measure designed to increase the safety of victims of domestic violence. It also condemns any violence between intimate partners, the victims of which are most often women. We stand in solidarity against intimate partner violence and femicide, both of which have sadly and unacceptably increased during this pandemic.
We also want an inquiry into how to prevent, eliminate and create a legislative framework for the form of family violence known as honour crimes. These are our other hopes for the future.
Furthermore, we demand that the federal government contribute financially to the Quebec government's efforts in the area of violence prevention. During the 2021 election campaign, the Bloc Québécois argued that funds for the fight against intimate partner violence should come from the Canada health transfers, which should immediately increase by $28 billion, without conditions. Long-term investments will also enable the generational change that is crucial to fighting this fight.
Furthermore, court cases involving crimes of a sexual nature are heavily influenced by the training and abilities of judges. It goes without saying that continuing education for judges on sexual assault law needs some updating. The Bloc Québécois has unequivocally supported this type of initiative since the subject was first raised in the House in 2020.
This bill complies with a recent recommendation of the Standing Committee on Justice and Human Rights. In its April 7, 2022, report entitled “The Shadow Pandemic: Stopping Coercive and Controlling Behaviour in Intimate Relationships”, the committee recommends that the federal government engage with provincial and territorial governments and other relevant stakeholders to promote and fund a public awareness campaign on coercive and controlling behaviour, as well as training of judicial system actors, such as police, lawyers, and judges, about the dynamics of such behaviour. Training must be trauma-informed, integrate intersectional perspectives and be accompanied by tools and policies to support action on this issue.
At the Standing Committee on the Status of Women, Pamela Cross, the legal director at Luke's Place, a support and resource centre for women and children, reminded us that until every actor in both the criminal and family legal systems has a fulsome understanding of the reality of violence in families, the prevalence of it, the fact that it does not end at separation, the fact that there are many fathers who use the child, weaponize the child, to get back at their partner, we are going to continue to see shelters that are turning away 500 women and children a year and we are going to continue to see women and children being killed.
Experts who appeared before the Standing Committee on the Status of Women all stressed the importance of training. This was emphasized by Simon Lapierre, a full professor at the University of Ottawa's School of Social Work, who also appeared before the Standing Committee on Justice and Human Rights. He said:
Having the judicial system better aligned with psychosocial services seems to me to be very important. Above all, we have to understand that even if a lot of measures are put in place, many of them will unfortunately not achieve their full potential if they are not accompanied by adequate training for all actors in the system, including social workers, police, lawyers and judges.
Training is extremely important and should be expanded across the country. Simon Lapierre also noted that it is important to reinforce the very concept of coercive control. This concept was already in place before the Divorce Act came into force, but he says that we should also include it in the Criminal Code. What is more, it needs to be accompanied by training programs for all stakeholders in the various sectors, including judges, and there needs to be a coherent approach to intimate partner violence, including youth protection services, across the country.
In closing, I want to acknowledge the incredible work of the entire team at an organization in my riding, the Maison Alice-Desmarais, which helps victims of intimate partner violence and their children. Last week, the organization opened a new duplex. The good news is that an entire community rallied behind the cause, but the bad news is that the needs are still immense. One more victim is one too many.
Everyone agreed that community organizations that help victims of intimate partner violence need more help. It is great to have the best training possible for judges and electronic monitoring devices for greater safety, but we need organizations to help the victims, and we need to support them as a society.
Let us, here in the House, support the work they do on the ground every day and help the victims and their children.
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