Canada’s Justice Department currently has nine bills to come before Parliament that are seeking to make many changes. Pamela Stephens, Press Secretary for Justice Minister Rob Nicholson stated in an interview with Suite101 on September 27, 2010, “These moves must happen to ensure the safety and security for everyone in society, especially for children.”
Child Sex Abuse Penalties
Justice Minister Rob Nicholson has a bill before Parliament that proposes elimination of conditional sentences for criminals who commit serious crimes. Currently, judges have the option to impose a conditional sentence on a person who commits a violent offence; this can mean a very light sentence such as house arrest. This bill, if passed, means those who are convicted of sex abuse, luring a child over the Internet, human trafficking, arson, aggravated assault, street racing causing death and other crimes will no longer qualify for conditional sentencing.
In addition, Pamela Stephens shared with Suite101, “We have introduced legislation proposing a mandatory requirement on suppliers of Internet services to report any online child pornography tips they receive or content they find on their servers.”
Ms. Stephens also stated that as indicated in the Speech in Throne, the government is moving forward to better protect children by introducing legislation to increase the penalties for sexual offences against children. Further details will be announced when available.
Sex Crimes Against Children
Postmedia News first learned that the proposal to toughen penalties for sex crimes against children is in the forefront on Justice Canada’s agenda this autumn.
Rosalind Prober, President of Beyond Borders, is a longtime advocate against child sexual abuse. In the September 26, 2010 edition of the National Post ("Tories Take Aim at Child Sex Abuse, Human-Smuggling"), she stated that she doubts harsher penalties will make much difference because judges don’t take advantage of the current sentencing system. She believes that judges must break away from a well-entrenched precedent of handing out light punishment for sex crimes against children.
Currently there are ten sex crimes against children listed in the Criminal Code of Canada, with maximum punishments ranging from six months for exposure to 14 years for incest. There are no minimums.
Online Child Sexual Exploitation
On May 6, 2010, Justice Minister Rob Nicholson announced the introduction to legislation to better protect children from online child sexual exploitation. Once passed, suppliers of Internet services will be required by law to report online child pornography. Current laws state that reporting child pornography is voluntary.
In a newsletter dated May 6, 2010, Rob Nicholson announced, "A mandatory reporting regime across Canada will assist authorities in identifying offenders and rescuing children from sexual exploitation. Creating and distributing child pornography are unspeakable crimes and our government is committed to protecting children from Internet sexual predators."
The pending legislation follows other Tory measures to crack down on child sex crimes including the age of sexual consent being raised to 16 from 14.
Other Legislative Changes
Public Safety Minister Vic Toews along with Justice Minister Mr. Nicholson is expected to unveil a bill as early as this week to fight human smuggling. In addition, they hope to revive a bill that died when Parliament was suspended last year. This bill would give police new powers to eavesdrop on Internet-based communications. This proposed legislation would force Internet service providers to allow law enforcement officials to tap into their systems in order to obtain information about users and their digital conversations.
Sources:
The National Post
Karen Stephenson - Karen has written for several newspapers and print media in addition to many online publications. She holds a B.A. in English and an ...
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