Canada Family Action is calling upon the federal government to immediately make three critical changes to the criminal code of Canada, all with the goal of raising the value of children, deterring sex criminals, and protecting children.
1. Change the terminology in Canada’s criminal code
Let’s be clear: there is NO SUCH THING AS CHILD PORNOGRAPHY! In no way does the term “child pornography” reflect the seriousness of these horrific crimes against children. Every image is a record of a crime that has been committed, and a child who has been victimized. By no means is the rape, abuse and exploitation of a child a similar offence to pornography as we know it; we do a major disservice to the victims as well as the public by continuing to call this abuse “child pornography.” The Canadian public needs a more realistic view of what these crimes truly represent. Changing the term in the criminal code to “child sex and abuse materials” or a similar term will help de-normalize pedophilia.
2. Enact minimum mandatory sentences
Canada has such weak minimum sentences that we have developed a reputation as a safe haven — even a tourist destination — for pedophiles and pornographers. In the United States making child pornography, be it on US soil or elsewhere, carries the minimum sentence of not less than 15 years imprisonment and no more than 30 years. Plus criminals serve consecutive sentences for multiple offences, not concurrent sentences as is the case in Canada. In Canada, section 163.1 (http://laws.justice.gc.ca/en/showdoc/cs/C-46/bo-ga:l_V/20090812/en#anchorbo-ga:l_V) reads as follows:
Every person who makes, prints, publishes or possesses, for the purpose of publication any child pornography is guilty of: (a) an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of ninety days.
It is disgraceful to think that someone could force a child to have sex with an adult or another child while being filmed, and receive as little as ninety days in jail. Let’s be clear – we are not speaking of seventeen-year old girls (although that would be bad enough). Over 80% of of these children are under the age of eight, and some are as young as newborn babies! Besides their lives being shattered, these children become life-long victims, since internet images live forever.
Sentences for possessing and accessing child sex images are as little as 14 days. Another major concern is that these minimums are not mandatory, and some liberal judges have given house arrest, suspended sentences and other similar pathetic “punishments.”
For making child pornography: Canada Family Action is asking the federal government for a minimum mandatory sentence of ten years and maximum of 18 years for producing the images. We are also asking that summary convictions in the case of child sex and abuse images be abolished.
For distributing child pornography: Canada Family Action is asking for a minimum mandatory sentence of seven years, and a maximum sentence of not more than 18 years.
For possessing child pornography, CFA recommends a minimum sentence of 3 years, and a maximum sentence of not more than 18 years.
3. Required Reporting
CFA wants the government to pass legislation that requires reporting of all internet crimes against children, when suspected or discovered on a computer, or found on the internet. This would include ISP’s, computer techs –in fact the onus would be on all all citizens to report these crimes.
*Note: The government took a major step in the right direction by annnouncing Bill C-58 in November, which would compel Internet Service Providers to report child pornography to police. This legislation “died” with the proroguing of Parliament, but we are hopeful this legislation will be re-introduced in the spring 2010 session.
For information on additional changes CFA would like to see to protect children, read our justice policy brief entitled Canada needs Child Protection.
