OTTAWA, December 5, 2002 - Today in the House of Commons, the Honourable Martin Cauchon, Minister of Justice and Attorney General of Canada, introduced a comprehensive package of reforms that will help safeguard children and other vulnerable persons from sexual exploitation, abuse and neglect, and will better protect victims and witnesses in criminal justice proceedings.

The proposed amendments are in direct response to the Government of Canada's commitments in the recent Speech from the Throne.

"We are all deeply concerned with the safety and security of our children, and I am pleased to introduce substantial new measures that will offer them improved protection under the law," said Minister Cauchon. "These reforms reflect our ongoing commitment to ensure the law meets the needs of all Canadians, including - and especially - those who are most vulnerable."

Proposed steps to modernize the Criminal Code include:

• Strengthening child pornography provisions by narrowing existing defences of child pornography to a single defence of "public good." A person would be found guilty of a child pornography offence when the material or act in question does not serve the public good or where the risk of harm outweighs any public good it serves. The proposed reforms would also expand the existing definition of written child pornography to include material that describes prohibited sexual activity with children, where the description is the predominant characteristic of the work and it is done for a sexual purpose.

• Creating a new category of sexual exploitation that protects young persons between 14 and 18 years of age. Under the proposed reform, courts must consider whether a relationship is exploitative based on its nature and circumstances, including any difference of age, the evolution of the relationship, and the degree of control or influence exercised over the young person. This new category focuses the court's determination on the conduct or behaviour of the accused, rather than on the consent of the young person to the sexual activity.

• Increasing maximum sentences for child-related offences, including sexual offences against children, failure to provide the necessaries of life, and abandonment of a child. The abuse of a child in the commission of any Criminal Code offence would also have to be considered as an aggravating factor by the court and could result in a tougher sentence.

• Facilitating the testimony of child victims and witnesses by providing for greater clarity, consistency and certainty for the use of testimonial aids (including screens, closed-circuit television and support persons) for child victims and witnesses under the age of 18 years. The reforms would also allow children under 14 to give their evidence when they are able to understand and respond to questions. A competency hearing, which is currently mandatory, would no longer be required.

• Introducing new offences of voyeurism, which would make it a crime - in specific cases - to deliberately and secretly observe or record another person where a reasonable expectation of privacy exists. Distributing material, knowing that it was produced through an offence of voyeurism, would also be a crime.

"One of my most important responsibilities as Minister of Justice is to ensure that our laws, policies and the justice system itself reflect evolving Canadian values and emerging justice issues," Minister Cauchon said. "These reforms are an important step forward in our ongoing efforts to protect our children and other vulnerable Canadians from harm, while ensuring that the rights and freedoms of all Canadians are maintained."

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Ref.:

Office of the Minister of Justice and
Attorney General of Canada
Mike Murphy
(613) 992-4621

Department of Justice Canada
Media Relations Office
(613) 957-4207

(Version française disponible)

This press release and backgrounder are also available online: www.canada.justice.gc.ca

The bill will be available online at http://www.parl.gc.ca