44th Parl. 1st Sess.
November 23, 2023 10:00AM
Madam Speaker, I rise today to speak to Bill S‑210. Before I begin, I would like to say that the Bloc Québécois supports this bill. We are in favour of it being studied at committee so that we can have a more in-depth discussion to ensure that we protect minors, which is a major public safety challenge. The Bloc Québécois's position is consistent with initiatives to strengthen protection of the public, particularly for minors.
Introduced by Julie Miville‑Dechêne, the independent senator with whom I co-chair the All-Party Parliamentary Group to End Modern Slavery and Human Trafficking, Bill S‑210 seeks to put in place safeguards to restrict minors' access to sexually explicit material on the Internet. I will begin with an overview of the issue, then I will further explain the Bloc Québécois's position, and finally I will close with examples of other support for Bill S‑210.
First, let us note that making sexually explicit material available to minors for commercial purposes is a criminal offence punishable by a fine of up to $250,000. This makes it a criminal offence for organizations to make this type of content available to young people. The term “organization” echoes the definition in section 2 of the Criminal Code. Furthermore, the Federal Court could order that websites contravening the law be blocked. The definition of “organization” includes any public body, body corporate, society, company, firm, partnership or association of persons that is created for a common purpose, has an operational structure and holds itself out to the public as an association of persons. This makes it possible to directly target commercial pornography distributors.
The bill is motivated by a concern to better supervise access to sexually explicit material online, as age verification is currently limited to a simple declaration. Under Bill S‑210, pornographic sites will be required to verify the age of their users. The bill essentially replicates Bill S‑203, which was sponsored by the same senator. That bill died on the Order Paper at the end of the 43rd Parliament, and now the senator is trying again.
The digital landscape our young people have grown up with makes it easy to view degrading and even extreme content that normalizes the objectification of women and dominant relationships. This type of video and image content is available on platforms owned by companies that do not fulfill any meaningful requirement to ensure that the people viewing it are adults. It would be unrealistic to entrust companies that disseminate pornographic content with verifying the age of the individuals accessing it. Bill S‑210 would assign that responsibility to a third party, an intermediary designated by regulations.
With the emergence of computer technology that enables parties to disseminate and access sexually explicit content, the government has a responsibility to prevent minors from accessing it, as much as possible. Given the obscene nature of this material and the harmful impact on young people's brain development, things cannot be kept in check by self-regulation alone. Bill S‑210 lays out broad principles for verifying the age of people accessing pornographic content in order to prevent those under 18 from accessing it. Once this bill is passed, it will provide authority to make regulations prescribing the specific methods to achieve that.
Bill S-210 will also have consequences for pornographic sites, whether hosted on Canadian soil or not, that might contravene it. The government will be able to block sites that fail to comply with future regulations on age verification. Let us not forget that the minimum age to view pornographic films is 18.
Obviously, I am not a magician and I do not have a magic wand. No one can ignore the fact that this bill is not a silver bullet. A minor who wants to view pornography illegally could resort to circumvention methods like virtual private networks and so on to get around the age validation mechanisms. I remain realistic and I am not naive. However, even if Bill S-210 does not turn out to be the silver bullet that completely eradicates this scourge, there is a good chance that it will have beneficial effects and further restrict access for minors. In that respect, the objective will be met.
Second, I would like to remind the House that the Bloc Québécois will always support measures that seek to protect the public and promote a healthy lifestyle. Bill S-210 responds to a real concern in our communities. The Bloc Québécois reacted when disturbing revelations were made about MindGeek's Internet Pornhub, which is one of the most popular pornographic sites in Canada and well-known in Quebec, since the company is based in Montreal. We knew that data was being collected on the most popular video categories, common themes in video titles and the best-known actors in the adult film industry. While the United States held an inquiry and other parts of the world, including Europe, are considering this issue and taking action, Canada has been slow to act.
There is data confirming that access to explicit material is harmful if it ends up in the hands of minors, particularly young girls. With femicide and violence against women on the rise, our society has a duty to restrict access—to the greatest extent possible—to explicit content that is said to promote such violence.
In fact, we are just a few days away from the sad commemoration of the Polytechnique femicide, which occurred on December 6, 1989. I recently heard on the radio that there are still people today who worship Marc Lépine and wish women dead. It is chilling. Misogyny still exists. Keep in mind that many cities are passing motions to declare gender-based violence an epidemic and to pressure legislators to act on it within their respective jurisdictions.
Third, other groups also support this bill. Many stakeholders and civil society groups, including the Association des pédiatres du Québec, support the initiative embodied by Bill S-210. Allowing young minors to be exposed to pornography has consequences. Viewing pornography early in life has extremely negative effects, including the inability to develop healthy relationships. These young people can also develop a misconception that women and girls are sexual objects, available for sex 24-7, with no consent required. Worse still, it can create a dependency on pornography. In some cases, this can even lead to financial problems that can ruin lives, because pornography is not free. In fact, the industry is highly lucrative.
This proposal therefore crosses party lines and will likely receive support from all political parties represented in the House of Commons. This is no trivial matter.
It is also important to know that the Standing Committee on the Status of Women is currently studying the trafficking of women, girls and gender-diverse people. Although we may not be able to comment yet on the committee's eventual findings, many stakeholders pointed out in their briefs that human trafficking is closely linked to pornography and the coercive relationships that pimps maintain with their victims in order to get them to perform sex acts.
In the studies that follow our committee, from the study on intimate partner violence to the one on change of culture in sport, the concept of educating young men and women constantly comes up when we talk about preventing all forms of violence. In particular, this includes the need to offer an education on healthy sexuality.
For young girls, mental health problems are exacerbated by the pressure they feel from seeing manipulated, even degrading, images of the female body and sexuality that are projected by pornography. They may even end up being subjected to unwanted sexual acts that are dangerous to their health and unsafe for their body. By its very nature, Bill S‑210 will help curb the dissemination of pornography on the Internet and protect the victims from the humiliating exposure of illegal material.
The bill will make organizations accountable and subject them to a new offence if they make such content available. This will give victims an additional tool to help them reclaim their dignity and punish their abusers. We have also been hearing that young women are often filmed without their knowledge and that those images are being posted when the young women are not even aware that they have been filmed. It is really worrisome to see so many images that were taken without consent being freely shared on the Internet.
In closing, Bill S-210 is important to create tools to ensure that women, children and girls are protected from the negative effects of early exposure to pornographic images online. As a new mother, I must admit that I worry about the future of my daughter, and I truly hope that, unlike me, she will never have to say “me too”. We need to do something about the femicides that the Secretary General of the United Nations described as a shadow pandemic. This problem was exacerbated by overexposure to the Internet during the pandemic. It created all sorts of problems, including these ones. We need to take action so that we can say collectively, “not one more”.
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Madam Speaker, I am happy to rise today to speak to Bill S-210, an act to restrict young persons’ online access to sexually explicit material. As we know, the bill is intended to protect children from access to sexually explicit materials. This is a very important bill, and I am happy we are speaking to it today.
One thing I want to address from the outset is that an important consideration of this bill is not only ensuring that we look at protecting children from access to sexually explicit material, but also ensuring that mechanisms are in place to protect the personal information of Canadians when developing what is required to protect children. Witnesses testified at the Senate on this exact issue, speaking in favour of using a responsible third party service provider, as an example, to conduct age verification rather than sites. Many Canadians, of course rightly so, do not want their personal information to be provided to those who are seeking profit, so we need a responsible third party provider.
I want to quote Kevin Honeycutt, an educator. He said, “Kids are growing up in a digital playground and no one is on recess duty.” I thought that was a really powerful way to show what is happening online right now. I am a former educator who worked in the school system, and I can say there are always many eyes on the playground to ensure that children are playing respectfully with one another and to identify any concerns. Now we have children accessing online content without any such supervision and it is highly problematic.
Kerri Isham is a constituent in my riding of Nanaimo—Ladysmith. She is an educator, author and award-winning presenter with 25 years of experience in the field of sexual health education. She is also the founder of a company called Power Up Education. I wanted to bring her up because she has dedicated her professional career to the safety of children and responding to the needs of communities. I want to highlight the work of people like Kerri Isham and so many across our country who are working tirelessly to make sure that children and youth have access to the education they need around sexual health.
Kerri Isham was so kind to provide me with the wealth of information she uses when she is in the community and in our schools educating parents and children on the importance of not only having the appropriate information and safety mechanisms in place around online access, but also having the information and tools needed to know what it looks like to be safe among this wealth of information.
One interesting point Kerri Isham pointed out to me is that 30% of all Internet traffic is pornography-related. That is a huge number. Tragically, 10% of visitors to pornography sites are under the age of 10. I found it interesting to hear my colleague talk earlier about whether the people accessing it intended to or not. A large portion of people are accessing these sites from a very young age. The average age when boys first view pornography is nine years old, so at nine, boys are seeing this information online. This content is made for adults, not children.
Pornography is shaping sexual imaginations, expectations and practices. It is designed for what is called “adult fantasy”, which is an abstract concept. Teens are concrete learners at a stage of development when they are learning and when their brain is in a much different state. When they watch pornography, they are learning that this is what sex should look like, which is highly problematic. We know that what pornography often showcases is not at all what a healthy sexual relationship looks like, and our children are learning through pornography that this is the way a healthy sexual relationship should look. It is not realistic what children are seeing, and they need to be presented with healthy images and access to the information they need.
We know that pornography has steadily increased. There is violent pornography, horror pornography, child pornography and racist pornography. We are seeing an increase in pornography that, tragically, supports or promotes racial inequality and an increase in revenge pornography, which too many youth right now are experiencing and seeing the impacts of. Misogyny is deeply embedded in so much of what we are seeing, with violence against women, and many are profiting from abuse through the pornography available. The National Child Exploitation Crime Centre, in 2020-21, received 52,306 complaints, which represents a 510% increase from 2013-14. That is a huge increase.
Neurologists have found that brain activity among heavy pornography users showed a behavioural addiction similar to what we would see in substance and gambling addictions. The study, which was conducted in 2017, showed that similar brain activity was present in people who are heavy pornography users, which is highly problematic.
Dr. Megan Harrison, with the Children's Hospital of Eastern Ontario, testified before the Senate legal committee that developing brains are affected by images it sees. The process is called neuroplasticity, which is something many of us are familiar with. However, to ensure we are all on the same page, I will note that it is the forming of new neural networks and pathways when the brain is optimizing itself. That is probably not the best descriptor, but the point is that through neuroplasticity, when the brain sees pornography repeatedly, it adjusts and determines that this is normal content to see. The exposure of pornography can create a distorted view of sexuality that can damage children's and teens' understanding of sexual relationships and their self-image as they mature.
The result of the excess viewing of pornography, which is often misogynistic and violent, is an increase in violence against women, one of the many symptoms. Violence against women is a global public health crisis, and pornography contributes to cultural conditions in which violence against women is tolerated, acceptable and even desirable. It unfortunately creates a sense of entitlement to have sex at any time, in any way, with whomever a person wished, and it regularly depicts sexualized aggression toward women. We know that 44% of women have experienced abuse from a partner in Canada. This is a statistic from 2018, and we know that these numbers have increased since then.
I want to highlight the work of my colleague, the member for Victoria, who recently brought forward a private member's bill, Bill C-332, an act to amend the Criminal Code regarding controlling or coercive conduct. This work was carried on by the member for Esquimalt—Saanich—Sooke. The reason we are seeing support in the House for this bill to move forward is that we know, given the science surrounding the development of adolescent brains, graphic sexual images and how they affect an adolescent's understanding of sexual relationships when they are older, that protections and preventions need to be in place from the outset. Instead of us having to create bills that would criminalize behaviour of controlling, coercive and abusive behaviour, I would like us to put in place more preventive tools to ensure that children are accessing appropriate, healthy information from the outset.
We know that key to this work, in addition to having mechanisms in place to control online access to pornography, is prevention so that we do not always have to react to abusive and coercive behaviour after it happens. Sexual health education promotes, among other things, consent, safety and respect, both for ourselves and within our relationships.
Overall, I am happy to support this bill and clearly have a lot to say on it. I hope it gets through committee quickly, as we have a lot of information and want to see it move forward.
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