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 PM-01 Protection of children and other vulnerable persons Act

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Todd Freemen (PC)
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PostSubject: PM-01 Protection of children and other vulnerable persons Act   Tue Apr 07, 2009 7:05 pm

HOUSE OF COMMONS OF CANADA



An Act to amend the Criminal Code (protection of children and other vulnerable persons) and the Canada Evidence Act

SUMMARY
This enactment amends the Criminal Code to
(a) amend the child pornography provisions with respect to the type of written and audio material that constitutes child pornography, and with respect to the child pornography offences, defences and penalties;
(b) add a new category to the offence of sexual exploitation of young persons and make additional amendments to further protect children from sexual exploitation;
(c) increase the maximum penalty for child sexual offences, for failing to provide the necessaries of life and for abandoning a child;
(d) make child abuse an aggravating factor for the purpose of sentencing and direct the courts to give primary consideration to the objectives of denunciation and deterrence in sentencing for offences involving abuse of a child;
(e) amend and clarify the applicable test and criteria that need to be met for the use of testimonial aids, for excluding the public, for imposing a publication ban, for using video-recorded evidence or for appointing counsel for self-represented accused to conduct a cross-examination of certain witnesses; and
(f) create an offence of voyeurism and the distribution of voyeuristic material.
This enactment also amends the Canada Evidence Act to abolish the requirement for a competency hearing for children under 14 years of age.

An Act to amend the Criminal Code (protection of children and other vulnerable persons) and the Canada Evidence Act

WHEREAS the Parliament of Canada has grave concerns regarding the vulnerability of children to all forms of exploitation, including child pornography, sexual exploitation, abuse and neglect;

WHEREAS Canada, by ratifying the United Nations Convention on the Rights of the Child, has undertaken to protect children from all forms of sexual exploitation and sexual abuse, and has obligations as a signatory to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography;

WHEREAS the Parliament of Canada wishes to encourage the participation of witnesses in the criminal justice system through the use of protective measures that seek to facilitate the participation of children and other vulnerable witnesses while ensuring that the rights of accused persons are respected;

AND WHEREAS the continuing advancements in the development of new technologies, while having social and economic benefits, facilitate sexual exploitation and breaches of privacy;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

CRIMINAL CODE
1. Subsection 127(1) of the Criminal Code is replaced by the following:
c) is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant.

(3) No person aged twelve or thirteen years shall be tried for an offence under section 151 or 152 or subsection 173(2) unless the person is in a position of trust or authority towards the complainant, is a person with whom the complainant is in a relationship of dependency or is in a relationship with the complainant that is exploitative of the complainant.



151. Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of fourteen years

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.


152. Every person who, for a sexual purpose, invites, counsels or incites a person under the age of fourteen years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person under the age of fourteen years,

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

153. (1) Every person commits an offence who is in a position of trust or authority towards a young person, who is a person with whom the young person is in a relationship of dependency or who is in a relationship with a young person that is exploitative of the young person, and who

(a) for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of the young person; or

(b) for a sexual purpose, invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the young person.
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Todd Freemen (PC)
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PostSubject: Re: PM-01 Protection of children and other vulnerable persons Act   Tue Apr 07, 2009 7:07 pm

(2) Section 153 of the Act is amended by adding the following after subsection (1):

(1.1) Every person who commits an offence under subsection (1)

a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
1.2) A judge may infer that a person is in a relationship with a young person that is exploitative of the young person from the nature and circumstances of the relationship, including

(a) the age of the young person;

(b) the age difference between the person and the young person;

(c) the evolution of the relationship; and

(d) the degree of control or influence by the person over the young person.

Comes into Force on the day it resives Royal Assent.
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Justin Walker (Lib)
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PostSubject: Re: PM-01 Protection of children and other vulnerable persons Act   Sun Apr 12, 2009 12:21 pm

Mr. Specker,
We fully suport this leagislation.

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PostSubject: Re: PM-01 Protection of children and other vulnerable persons Act   Sat Oct 10, 2009 12:23 am

Mr. Specker,
I move Second reading of this bill.

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Justin Walker MP
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PostSubject: Re: PM-01 Protection of children and other vulnerable persons Act   Sat Oct 10, 2009 12:31 am

Second Reading
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PostSubject: Re: PM-01 Protection of children and other vulnerable persons Act   Sat Oct 10, 2009 12:41 am

Mr. Specker,
I belive that all members support this Act so I see no reason for more debate, So I move that this Act be voted on !
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PostSubject: Re: PM-01 Protection of children and other vulnerable persons Act   Wed Nov 25, 2009 11:30 am

yea or nay
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PostSubject: Re: PM-01 Protection of children and other vulnerable persons Act   Wed Nov 25, 2009 11:35 am

yea

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PostSubject: Re: PM-01 Protection of children and other vulnerable persons Act   Wed Sep 01, 2010 4:27 pm

PASS
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