The House resumed from September 20 consideration of the motion that Bill , be read the second time and referred to a committee.
:
Mr. Speaker, I will take this opportunity to congratulate you on your election as Speaker. I would also like to say that I will be splitting my time with the member for .
The last eight years have not been kind to Canadians, since the Liberal government took power, when it comes to safe streets, safe communities and crime. One only needs to look at the recent StatsCan release to see the drastic increase in crime in this country since 2015. The numbers are absolutely staggering. Total violent crimes are up 39%; homicides are up 43%, up for the fourth year in a row; gang-related homicides are up 108%; violent gun crimes are up 101%, up for the eighth year in a row; aggravated assaults are up 24%; assaults with a weapon are up 61%; sexual assaults are up 71%; and sex crimes against children are up 126%.
That is the context when we look at Bill an act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act. That is the context by which we, as parliamentarians, addressing the fear in our communities around crime, around keeping Canadians safe, around protecting victims, look at Bill .
Bill is due to be passed at all stages by October 28. This is a deadline that was put in place by the Supreme Court, when it gave the government 365 days to get this done, in response to a Supreme Court decision. Yet, here we are, with just 24 days left, to make sure that the national sex offender registry continues to be a critical resource for police to investigate and to prevent crime.
The last time the Liberal government had a court-imposed deadline to respond to decisions, around medical assistance in dying, we ended up, tragically, with a bill that would expand medical assistance in dying to Canadians living with mental illness. The government waited too long and rushed through legislation. That is, again, what is happening here.
I am going to focus my speech on amendments to the Sex Offender Information Registration Act as opposed to changes in the publication bans that were brought forward by our Conservative-led justice committee study on the federal government's obligation to victims of crime.
What is the sex offender registry? Conservatives will always stand up for victims and victims' rights. That leads me to these amendments to the Sex Offender Information Registration Act. The act was established in 2004 to help Canadian police authorities investigate crimes of a sexual nature by requiring the registration of certain information on sex offenders. To help police services investigate crimes of a sexual nature, the sex offender registry contains information such as the address and telephone numbers of offenders, a description of their physical appearance, the nature of the offence committed, and the age and gender of victims, and their relationship to the offender.
At the time, enrolment on the registry was up to the discretion of a judge. That discretion led to significant problems. The public safety committee review of the implementation of the sex offender registry in 2009 found glaring issues. The committee found that only 50% of sex offenders were required to register their information. This was happening for a number of reasons. An official from the Department of Public Safety told the committee at the time that with the pressure of time or workload, Crown attorneys would forget to ask for the order. The committee was also told that the order application rate varies widely by province and by territory. One witness stated that the absence of an automatic inclusion on the registry for all offenders convicted of sexual crimes has led to the inconsistent application of the law across the country.
The committee recommended to the government that the automatic registration of sex offenders would fix these holes in the legislation. In order to be effective, the national registry must be enforced consistently across the country.
I was proud to be part of the Conservative government that passed the Protecting Victims From Sex Offenders Act, introduced in 2010. That legislation passed with the support of all parties. The bill broadened the purpose of the sex offender registry by adding the purpose of helping police prevent crimes of a sexual nature in addition to enabling them to investigate those crimes.
We made sensible changes to strengthen the sex offender registry. For instance, we made registration automatic for convicted sex offenders. Our legislation also added the obligation to report any person ordered to serve an intermittent or conditional sentence. This is even more important today than it was then, because Liberal Bill now allows conditional sentences for crimes like sexual assault and Liberal Bill now allows bail to become more easily obtained by individuals charged with serious offences.
Conservatives also brought in the requirement of registered sex offenders to report the name of their employer or the person who engages them on a volunteer basis or retains them, and the type of work they do. Police should be aware if a sex offender is spending any amount of time with or in proximity to potential victims. We made these sensible amendments to the Sex Offender Information Registration Act to protect victims and to prevent crime.
On October 28, 2022, a split decision, five to four, of the Supreme Court found that the mandatory and lifetime registration on the sex offender registry was unconstitutional. The Liberals have simply accepted this decision. We have urged them to respond as forcefully as possible, and Bill does fall short of that.
I want to read from the dissenting judgment. It was a very strong dissent, in which it says:
...the exercise of discretion was the very problem that prompted Parliament to amend the Criminal Code to provide for automatic registration of sex offenders under the Sex Offender Information Registration Act... 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.
That heightened risk is, by some counts, eight times the likelihood of someone with a prior conviction to reoffend. That is why incorporating and improving as many offenders as possible in the sex offender registry is so very important. We have seen how this has played out before. When it was left simply to the judges to decide who needs to register with the registry, nearly 50% of offenders were never required to register. This is before we brought in mandatory registration.
Insanity is doing the same thing over and over and expecting different results. We can expect that individuals who certainly should be listed in the registry, even after the passage of Bill , would be left out. We have to take every step to protect Canadians, to protect victims and to ensure that sex offenders are not given the opportunity to revictimize our communities.
After eight years of the Liberal government, the rate of violent crime is up 39%, police-reported sexual assaults are up 71% and sex crimes against children are up 126%. Canadians deserve so much better than this. I can think of no greater obligation for us as members of Parliament to enact laws that protect our communities and protect the safety of the most vulnerable. With legislation like Bill that has made bail so easy to get, legislation like Bill that has allowed for house arrest for sex offenders, Conservatives do not trust the government to take the necessary steps to protect Canadians. It has proven an inability to do that.
It is important that we pass Bill , it is important that we respond to the Supreme Court decision and it is important that we go as far as possible to protect the most vulnerable. We look forward to the quick passage of this legislation. It is unfortunate that the government took so long to bring us to this point, but it is also important that we act expeditiously to protect Canadians.
:
Mr. Speaker, we are here today talking about a very uncomfortable topic: sexual crimes, the way we deal with offenders and the way we protect victims. We acknowledge as a society that sexual crimes are heinous or injurious and have long-lasting effects, sometimes for the rest of the life of the victim. We recognize that the majority of victims of sexual crimes are women and children. We also acknowledge as a society that, based on the data we have, many sexual offenders will reoffend.
The Liberal government under Prime Minister Martin back in 2004 brought in a new tool for law enforcement to give it investigative and preventative tools. The 2004 Sex Offender Information Registration Act created the national sex offender registry and gave the courts the power and authority to order that people convicted of a sexual crime have their name and further particulars added to this registry. It was intended to be an enforcement tool. It was not available to the public, only to police agencies. The bill passed through the House of Commons unanimously.
However, there was a problem with that legislation, as it left it to the discretion of judges to decide whether or not a person had to have their name added to the registry; it was not done automatically. Some more lenient judges felt that the sentence itself was enough punishment and that the offender did not have to have their name added to the registry. However, of course, the mistake there is that the registry was never intended as punishment but as an investigative and preventative tool. The result of leaving this to the discretion of the judges is that up to one-half of all convicted criminals did not have their names added to the national registry, which completely undermined the efficacy and usefulness of it as a tool. If half the data is missing, what good is the registry?
In 2011, the Harper government remedied that gap with legislation that would make registration to the national sex offender registry mandatory. The registration was to be tied to the duration of the sentence, and for people who were repeat offenders or who were charged with and convicted of more than one offence, it was a lifetime registration. That legislation passed unanimously.
Now fast-forward a decade to October 28, 2022, or 11 months and one week ago. In 2015, Eugene Ndhlovu was convicted of two counts of sexual assault and sentenced to six months in prison with three years of probation. His name was entered into the registry for life because of the two convictions. However, he challenged the validity of these two provisions of the Criminal Code, and the Alberta trial court agreed with him and declared those two provisions to be unconstitutional. The Alberta Court of Appeal reversed that decision, and it then went to the Supreme Court of Canada, which reinstated the original finding of the trial judge, with a declaration of invalidity.
It was a split five-four decision of the nine judges sitting on the Supreme Court of Canada. The majority had this to say about section 7 violations: “registration has a serious impact on the freedom of movement and of fundamental choices of people who are not at an increased risk of re-offending.” In other words, if even one person who was not a threat to public safety ended up on the registry because it was automatic, the whole regime was unconstitutional.
The minority of four judges took quite an opposite view. They said that the mandatory registration in the 2011 legislation “is appropriately tailored to its purpose of helping the police prevent and investigate sexual crimes”. They noted that the evidence before the trial judge was clear and that even low-risk sexual offenders, compared to the general prison population, posed a heightened risk of reoffending, at five to eight times more likely.
That was the data the SCC had. Based on that, the minority said this: “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.” I am thankful to the Supreme Court minority for respecting and deferring to Parliament and the hard work we do in response to what we hear from the public.
It is often said that judicial review of legislation under the Canadian Charter of Rights and Freedoms is not undemocratic, in that it does not attack parliamentary supremacy. Rather, academic scholars say that the judicial review process is better viewed as a dialogue between Parliament, which makes the law, and the courts, which review the law. Sometimes, as in this recent Supreme Court of Canada case, it feels very much like one-way dialogue, with the courts speaking and Parliament listening and obeying.
It is unfortunate that the four judges in the minority could not have convinced at least one more to come over to pay deference to Parliament. However, here we are having to deal with the majority decision, and we need to respond to that. We need to fix the law. We have been given one year to do it.
That brings me to the bill that is before us, Bill , which has already been through the Senate. The presented this bill to the House last week, saying it is Parliament's response to that court's decision. In reply to a speech given by my colleague, the member for , the Minister of Justice said, “we are enacting what we believe would be the strongest possible regime against sex offenders in compliance with the Supreme Court's [decision]”. In other words, our hands our tied and this is the best that we can do.
He might be right, but that leads me to another issue and that is the rush with which this is being pushed through Parliament. We have a deadline of October 28, which is 24 days from now or three and a half weeks, one week of which will be a constituency week. We will not even be here in Ottawa. How are we going to deal with such an important issue in that amount of time? It is urgent, of course, but we also have to get things right.
At committee yesterday, the told us that social science supports the legislative intention of the drafters of this legislation. He might be right, but I would very much like to see that social science data. I would like to hear from experts in the field. I would ask the experts whether those convicted of a sexual offence are indeed five to eight times more likely to reoffend, as the minority had said in the Supreme Court decision.
Will there be time? This is important legislation, but it is also important that we get it right. We cannot miss the October 28 deadline, or the police will lose a very important investigative and preventative tool. If we are serious about being charter dialogue partners with the courts, this should have been before Parliament months ago. I blame the Liberal government for dragging its feet on this. It put us in this very difficult position.
:
Mr. Speaker, I am pleased to have the opportunity to rise and speak to Bill , an act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act. I will be splitting my time.
This bill makes extensive changes to Canada's sexual assault legislation and the role of the national sex offender registry, or NSOR, particularly those sections of the Criminal Code that were struck down by the Supreme Court, which ruled that they were unconstitutional. These sections required the mandatory registration of anyone found guilty of a sexual offence on the sex offender registry and the registration for life of anyone who committed more than one sexual offence. The bill was introduced in the Senate, and it has made its way through to second reading here in this place.
After eight years under the , sex-related crime has nearly doubled. In 2021, under the current government, the rate of sexual assaults went up by 18% from the year prior. With this pressing public safety concern, it is more important than ever for Canadians to be safe and protected from sexual offenders.
The national sex offender registry plays a key role for law enforcement to stay up to date regarding convicted sex offenders across the country. It also allows proper tools of investigation if an offender reoffends.
Although this legislation is a step toward protecting victims and the public, it needs to be strengthened with amendments. We must consider the fundamental issue at the heart of this debate: the safety and security of our citizens. We believe that, to protect our most vulnerable people, all sex offenders, regardless of the specifics of their cases, must be listed on the national sex offender registry.
Historically, the Conservative Party has taken a strong position regarding sentencing and enforcement related to sexual crimes. Our previous Conservative government introduced and passed Bill , making it mandatory for those convicted of any sexual offence to be placed on the registry and for those convicted of two or more sexual crimes to be registered on the offender's list for life.
This was a significant change from the Sex Offender Information Registration Act, or SOIRA, put in place by the Liberal government under Paul Martin, in that enrolment on the registry was no longer at the discretion of the judge. This change was made to address concerns at that time that the registry's effectiveness was being compromised, given that nearly half of all convicted sex offenders were excluded.
At that time, the bill garnered support from all parties, enhancing public safety across Canada. Last year, the Supreme Court struck down the law in the Ndhlovu case ruling, deeming it unconstitutional.
In 2015, Eugene Ndhlovu pleaded guilty to two counts of sexual assault against two women, which took place at a house party in Edmonton in 2011. Prior to the ruling, with Harper’s bill, Ndhlovu was automatically registered on the national sex offender registry for life.
After the Supreme Court deemed the ruling unconstitutional, he was dropped from the list. The courts gave the government one year to change the affected provisions. That was a year ago, and the deadline, which is the end of October, is fast approaching.
Sexual violence is a heinous and degrading form of violence that has devastating impacts on the victims. More specifically, we know that sexual assault is a gendered crime, with the majority of sexual crimes being committed against women and girls.
It seems to me that a so-called feminist government would have acted quickly in response to the Supreme Court's ruling. However, the Liberal government continued to drag its heels when protection for vulnerable victims was needed the most.
It no longer comes as a surprise, though, that we see the Liberal government repeatedly fail to act on measures of public safety. For example, and most notably, the did absolutely nothing to reverse the decision to transfer one of the worst serial killers in Canadian history, Paul Bernardo, to a lower-security prison.
If this legislation is not passed before the affected provisions expire, this could open the possibility of sex offenders escaping registration, all thanks to the Liberal government's incompetence. Unregistered sex offenders would not have to report annually to registration centres or declare changes in their residence, leaving the surrounding residents in the dark. Without proper identifiable provisions for previous sex offenders, they would be able to go back to life as normal. Survivors of these crimes would suffer as they live in fear, knowing their abusers are not being held accountable.
Conservatives believe all sex offenders must be listed on the NSOR and will work to ensure mandatory registration is in place for as many individuals convicted of sexual offences as possible. Four justices of the Supreme Court agree with our position, highlighting the pressing public safety concern that justifies this move.
In their dissent on the Ndhlovu case, they stated that the law was constitutional and accused the majority of cherry-picking examples to rationalize their flawed reasoning. In their minority written opinion, they stated, “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.”
The previous system of judicial discretion, which was brought in 2004, already showed it was tremendously flawed, with data resulting in up to 50% of sex offenders staying off the registry.
Based on these justices' expert opinion, we recognize this is a pressing public safety concern, but our concerns extend beyond mandatory registration. There are other aspects of Bill that require careful consideration and potential amendments.
As my colleague from highlighted in her excellent speech, while there are some cases or circumstances where enrolment on the NSOR would be automatic, those that would be discretionary include, but are not limited to, sexual assault with a weapon, sexual exploitation of a person with a disability and aggravated sexual assault with the use of a firearm. Knowing there will be cases such as these that would not be automatically added, but would be discretionary, is deeply concerning given that the system, prior to 2011, resulted in up to half of sex offenders never being registered.
Furthermore, while the costs associated with increased sex offender registration may be negligible, we must also allocate the necessary resources to support law enforcement agencies in effectively monitoring and managing the registry.
In conclusion, Bill represents a significant step forward in responding to the Supreme Court's ruling and improving the criminal justice system's responsiveness to the needs of victims. However, it falls short on what is necessary to protect our communities adequately.
The Conservative Party of Canada believes all sex offenders must be listed on the national sex offender registry. The safety of our citizens, particularly women and children, who are disproportionately victimized by sexual offenders, must be our top priority.
I look forward to this bill going to committee, where I am sure all members will work together to strengthen Bill so victims of sexual crimes can have confidence in our justice system and to ensure the safety of our communities. Only through collective effort can we ensure our justice system serves the best interests of all Canadians.
:
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 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 do to correct this? Bill 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.
:
Mr. Speaker, I would first like to say that I will be sharing my time with the member for .
[English]
There has been a lot of debate on this topic. I would like to present something to all political parties that has not been discussed in this House, which I really feel needs to be considered at committee. This topic has not been addressed whatsoever and I fear that we are creating a loophole that could victimize a lot more women and a lot more public officials. I really hope that the government and the justice committee give consideration to this issue.
It was sort of addressed by my colleague from when he started talking about additional offences that would cause somebody to be mandatorily added to the national sex offender registry, where he said that there would be two more offences added to a list for automatic registration. The first is sextortion offences, where so-called revenge porn is used by an ex against their partner who has left them and they are angry so they post intimate images without consent; the second is that any posting of intimate images without consent would result in automatic registration.
I am happy to be corrected, but I do not think in this bill that type of offence is automatic registration. I believe it is discretionary enrolment. That might be something in and of itself, if that's true, that the justice committee needs to correct. However, there is a bigger problem here. The definition that the Criminal Code would use to define “intimate image”, I believe, is stated as follows:
(2) In this section, intimate image means a visual recording of a person made by any means including a photographic, film or video recording,
(a) in which the person is nude, is exposing his or her genital organs or anal region or her breasts or is engaged in explicit sexual activity;
(b) in respect of which, at the time of the recording, there were circumstances that gave rise to a reasonable expectation of privacy; and
(c) in respect of which the person depicted retains a reasonable expectation of privacy at the time the offence is committed.
The definition of “intimate image” would not change in this act, but the circumstances under which intimate images are produced have dramatically changed in the last year. I would like to draw the attention of all of my colleagues of all political parties to a brief that was written by the University of Western Ontario's violence against women and children unit. Brief 39, written in April 2021, talks about policy options for something called “non-consensual deepnudes and sexual deepfakes”.
If members are not familiar with these terms, every person in this House needs to be. In lay terms, what this means that if they or their children post something to social media, post a picture of themselves, there is now technology that is essentially like X-ray vision. Therefore, if they google something called “deepnude”, they see that it is a technology that actually scrubs the clothing off persons and posts that. That is problem number one. There is also software that superimposes an image, like someone's face, on top of somebody else's body. These are super convincing, incredibly real and hugely problematic.
In the U.S. in August, there were several articles that were posted; one called “Revenge Porn and Deep Fake Technology: The Latest Iteration of Online Abuse”. Some jurisdictions in the United States have enacted some form of revenge porn legislation. However, when they put this legislation through their respective legislatures, it did not consider deepnudes or deepfakes because of the definition of an intimate image.
Going back to the definition in the Criminal Code of what an intimate image is, “there were circumstances that gave rise to a reasonable expectation of privacy” and, going forward, “the person depicted retains a reasonable expectation of privacy at the time the offence is committed.”
I can just see legions of lawyers working on behalf of deepnude apps and people who are generating these for profit, arguing that somebody, by posting their image online, abandons their right to privacy; and, therefore, because the definition of intimate image in the Criminal Code does not articulate specifically images that were generated using this new technology, they did not have a reasonable right to privacy.
I can guarantee that this is what is going to happen. Sometimes I feel like I am standing in the House and I am like Cassandra, doomed to know the future and nobody believes me. However, this is an instance where Parliament should not be rushing through legislation that has such an incredibly profound impact on women. This is how women are being abused now and this is how children are being abused, and our laws have not caught up.
Going back to the brief that I mentioned, I draw colleagues' attention to some of the policy options that Western University outlines. I will read the entire section:
1. Criminalize the production and distribution of non-consensual deepnudes and sexual deepfakes.
Currently, Canada has no law criminalizing non-consensual deepnudes and sexual deepfakes. There are other legal responses that individuals may be able to utilize like defamation...depending on the context.
However, it is not certain. In fact, my analysis shows that the tort of public disclosure of embarrassing private facts would not cover this situation. If we take this lack of law in Canada, which is hugely negligent and hugely behind the world, and add that the Supreme Court ruling has basically eliminated the mandatory listing of somebody on the registry, how are we disincentivizing people from creating deepfakes and deepnudes of their exes and putting them online? There is virtually no guarantee of criminal repercussion and no guarantee that they will be on the sexual offence registry. In fact, somebody might even be looking at creating a business off of this for those who are not smart enough to figure out how to do it themselves, and it is shockingly easy.
I want members to picture themselves for a moment, just to drive this point home. We are in the middle of the next election campaign, and a member who is out door knocking looks at their phone and sees that they have been scrubbed by X-ray vision. It is all over the Internet for the next week. The member will not have any recourse because we have a legislative gap and we do not have the incentive to put someone on the national offender registry afterwards. Someone could have cost that member their career because of this information, and there is no repercussion for them afterwards. I am relating this to try to twig members' interest using self-interest, but we all understand the bigger implication here, which is the exploitation of children and women.
This is a powerful tool for abusive men to victimize women and their spouses. Women and spouses will very quickly, if they are not already, be under threat of this: “I am just going to scrub your clothes off”, or “It doesn't matter if you don't send me your nudes; I'll just make them anyway.” We know that is happening right now, and we know that it is happening to our kids with Snapchat and all of these other things. Half the time we do not even know what app our kids are on anymore. It is tough.
The other thing that this lack of law does is it makes it less possible for people to teach consent properly. We have to be able to educate our children and ourselves on what consent means. If the law has a giant gap in what artificial intelligence images are creating, then we have a problem.
This legislation and the review at the justice committee present our Parliament with an opportunity to address this issue in a meaningful way for the first time. Colleagues, I implore you, particularly members of the justice committee, that when the bill goes to committee, invite people who have expertise in this area so that we understand the prevalence of this situation and what some other jurisdictions are doing. Also, think about amending the definition of “intimate image” so that it specifically deals with deepfakes and deepnudes. We should be talking about it being illegal and immoral and saying that someone should end up on a sexual offence registry just like any other offender. I almost think it is worse for people to do this, just to be fair.
I am putting this on the record for future court challenges that might be looking at this parliamentary debate: The intent of this legislation should be to ensure that people who use artificial intelligence deepfake and deepnude technology to victimize women and children are on the sex offender registry. We should make that absolutely clear.
I will close by saying that this is why we need to review legislation. No member has talked about this. I hope the justice committee spends adequate time looking at all of these perils before this legislation is rammed through.
:
Mr. Speaker, before I begin my speech, I would like to take a few moments to acknowledge the passing last night of a passionate constituent of mine, Gilles Laperrière. He was a great hockey enthusiast, a volunteer, a founder and a builder. He was a recruiter for the Montreal Junior Canadiens back in the day. Largely thanks to him, Réjean Houle was able to get on the ice at the Montreal Forum, as were many other hockey players who have helped put Rouyn‑Noranda on the map as a major incubator for the National Hockey League.
Gilles Laperrière was highly engaged. He was instrumental in forming the As de Rouyn‑Noranda and the Citadelles de Rouyn‑Noranda. For about 50 years, he looked after the Dave‑Keon centre, Rouyn‑Noranda's arena. He was the driving force behind the École du hockey du Nord‑Ouest, which he co-founded with Laurent “Pit” Laflamme, someone I would also like to commend. When I was young, Gilles made it possible for me to see the Stanley Cup for the first time. It was brought there. He was also behind the arrival of the Huskies, who will be in Gatineau tonight. To honour him and show how important he was to the community, we named our mascot “Lappy”, which was Gilles' nickname. I would like to recognize Gilles and offer my heartfelt condolences to his family, especially Émilie, Kevin, Zachary and Eliott.
I would also like to thank a new member of my team. I am fortunate to have a parliamentary intern here with me, Ahdithya Visweswaran, and I want to acknowledge her contribution.
I will now turn to Bill , which aims to strengthen the national sex offender registry system and respond to last year's Supreme Court decision. The Bloc Québécois's commitment will go much further. We are prepared to work very hard to include provisions that protect victims' rights.
This bill tries to reinstate the automatic registration provisions that the Supreme Court struck down, while including certain conditions that allow judges to use their discretionary authority to order whether or not an offender should remain on the registry for life. The bill also addresses publication bans, sometimes imposed without the victims' knowledge, which currently prevent victims from publicly sharing their stories and messages. That is why I felt it was important to rise and speak today. I thank my colleague for for sharing her time with me. Although these publication bans are sometimes intended to protect the identity of the victims, they often have the opposite effect by protecting the identity of the assailants.
This afternoon, I was very fortunate to meet representatives from My Voice, My Choice: Kelly, Morrell, Brandy, Carrie and Jessica. I find these courageous women, these survivors, very inspiring because they are agents of change in areas where it is not often easy to speak out. They advocate for victims, asking that their wishes be prioritized and central to the decisions being made. It should be up to victims to choose whether or not to lift a publication ban under the current provisions of the Criminal Code of Canada.
While the Senate has taken an admirable first step, it is our responsibility as parliamentarians to build on the work already undertaken. To that end, we must consider the amendments proposed by survivors of sexual violence who are represented by My Voice, My Choice. Their personal experiences with sexual violence, the legal system and publication bans form the basis of the amendments they wish to see incorporated into this bill.
Survivors' calls to action are simple: Clarify that only victims of sexual offences and witnesses under the age of 18 are covered by a publication ban under section 486.4; ensure that prosecutors are directed by the judge to immediately inform the victim or witness of their right to request a publication ban; require prosecutors to present requests with the consent of the victim or witness and on their behalf; provide the victim or witness with a copy of the order once a publication ban is in place; prevent unwanted publication bans from being imposed on a victim or witness when the prosecutor or judge has been made aware of their wishes; allow for interim publication bans that can easily be lifted until the victim or witness makes their wishes known to the prosecutor or judge; clarify the process for modifying or revoking a publication ban, separate from the discretionary bans under section 486.5, by ensuring that the victim's interests take priority and that their freedom of expression is respected; broaden the limitations section to ensure that trusted persons and professionals are not criminalized for communicating information related to the identity of the victim or witness when providing support.
Over the past year, I have met and heard from many victims of abuse and mistreatment, including some victims of sexual assault. I want to thank the athletes for the trust they placed in me. Their very moving accounts enabled us to give a voice to these athletes who, through no fault of their own, were victims of these toxic environments in sport. Their courage must absolutely be met by concrete action from parliamentarians in the House of Commons.
The culture of silence in the world of sport is often perceived as a given, which can have both positive and negative consequences. On the one hand, it can strengthen athletes' concentration and foster a strong team spirit, since excessive communication can disrupt performance. On the other hand, this silence can sometimes mask problems such as harassment, discrimination and injuries.
It is essential to strike a balance between respecting this tradition and promoting a safe and fair sport environment where the athletes feel comfortable expressing themselves without fear of reprisals. Publication bans for the victim complainants line up with everything found in the sports community to deal with reports by whistle-blowers, who are often the victims themselves. We need to measure the harm done to the victims and that is often what justice underestimates. We need to give the victims the choice to participate in this choice. We also need to ensure that the information is made available for making these choices.
The government gave the Office of the Sport Integrity Commissioner, or OSIC, within the Sport Dispute Resolution Centre of Canada, or the SDRCC, the mechanism for handling complaints in sport. There too, unfortunately, they rely on the status quo, voices are silenced and investigations are not launched when national sports organizations are suspected of using strategies for silencing the victims who are key to their organizations.
Need I mention the numerous independent investigations that have been conducted in the world of sport? I could list Hockey Canada, Canada Soccer, Gymnastics Canada, Volleyball Canada, Canoe Kayak Canada, Canada Artistic Swimming, Water Polo Canada, Bobsleigh Canada Skeleton, Athletics Canada, Cycling Canada and many more. How many more victims need to come forward to demand an independent public inquiry into the world of sport? I call on all of my colleagues to continue their hard work.
At a press conference on May 11, the Minister of Sport publicly expressed her government's commitment to an independent public inquiry into abuse and mistreatment in sport. Five months later, things seems to have stalled. Is the work of two parliamentary committees—whether the Standing Committee on Canadian Heritage or the Standing Committee on the Status of Women—and the approval of the MPs who sit on those committees enough to ensure that this public inquiry will go ahead? The aim is to shed light on important aspects of the issue and give a voice to all those concerned about the future of sport.
All parliamentarians here in the House agreed to investigate the matter. The harm being done to victims and athletes must stop immediately. That is one of the things that Bill will accomplish, but we have a responsibility to go even further.