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House Hansard - 229

44th Parl. 1st Sess.
October 4, 2023 02:00PM
Context: House Hansard - 229 - Oct/4/23
Mrs. Kelly Block (Carlton Trail—Eagle Creek, CPC)
Mr. Speaker, I am pleased to have the opportunity to rise and speak to Bill S-12, 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 Prime Minister, 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 S-2, 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 Prime Minister 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 S-12 that require careful consideration and potential amendments. As my colleague from Kildonan—St. Paul 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 S-12 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 S-12 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.
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