Joy Smith, the Conservative MP from the Manitoba riding of Kildonan-St. Paul is planning to introduce a private members' bill in Parliament on human trafficking. The introduction of the bill follows two high profile cases of Canadians who are alleged to have committed serious sexual crimes against children in various Asian countries.
As it stands at the moment, sex tourism; the commission of sexual offences against children outside of Canada is already an offence in Canada. So far, only one conviction has been obtained and that came about as a result of a guilty plea. The constitutionality of this provision has yet to be tested in Canadian courts.
Ms. Smith's proposed legislation goes further than the present law. She is advocating making the providing of information on how to exploit children an offence. Penalties would be imposed for those who transmit, distribute or advertise information that provides the means of sexual exploitation. While the purpose of this provision is hard to criticize, there is the danger that it will be overbroad. For example, as a result of reportage, we all know where alleged Canadian pedophile Christopher Paul Neil went in various Asian countries. The media has reported where he went to satisfy his lust for little boys. While this was an essential part of the story and of only passing interest to most Canadians who read it, there were undoubtedly pedophiles that were ready to book their flights, if they were unaware before of exactly where to travel to in order to find what they are looking for. Without seeing the exact wording of the proposed legislation, it seems that these particular provisions could breach freedom of expression, such that it is in politically correct Canada.
Smith is also proposing to keep better track of pedophiles in Canada. This is another laudable goal. Our justice system does not to a very good job of tracking pedophiles or other sexual offenders very well after they have finished their sentences for previous crimes. The public needs to know who these people are and where they live or will likely to be found so that they can protect the most vulnerable members of society who are, contrary to what the NDP says, children and not all of those who are non white males making less than $200,000 a year.
So far, so good, although monitoring pedophiles after they finish their sentences would be an administrative nightmare. But Smith goes further and is calling for the monitoring of Canadian pedophiles outside of the country as well as inside. Her proposed Act will call for convicted pedophiles to advise authorities a week in advance of any travel outside of the country and then they would have to check in with these same authorities within three days of their arrival in a foreign destination.
Under section 6 of the Charter, every Canadian citizen has the right to enter, remain in, or leave Canada. Although there may not be a breach of the Charter to make it more difficult for citizen pedophiles to leave Canada, do we really want them to stay here if they want to leave? While international cooperation, even in these times where the concept of a nation state appears to be on the way out is a noble goal when it comes to protecting children, Canada's first obligation should be to protect our own children. Too often the words, "the government's main priority is to protect its citizens" are just words. While Canada of course should not do anything to encourage pedophiles to commit crimes abroad, we should be worrying more about what happens here instead of half a world away. Pedophiles who are discouraged from travelling abroad will simply just turn to Canadian children. And besides; pedophiles who are convicted outside of Canada are very unlikely to suffer horrendous penalties like house arrest, a period of probation, and getting kicked out of jail on parole.
But if making it more difficult for those who exploit and assault children to leave the country is such a good idea why should we stop at pedophiles? Let's make it more difficult for all of those who may commit offences to leave Canada. Let's make all young Muslim males register with the authorities before they travel to Pakistan or any other country where terrorist training camps exist. That might circumstance where we would be better off if potential terrorists stayed in the country.
There are obviously good reasons why this proposed legislation is proceeding as a private members' bill rather than as a government bill by the law and order Conservatives. Hopefully, this bill will go the way that most private members' bills go and will never see the light of day. Protecting Canadian children should be our priority.
