::LAW:: Canada: Bill to Protect Children and other Vulnerable Persons

[Trixxxia]

http://canada.justice.gc.ca/en/news/...doc_31246.html

MINISTER OF JUSTICE INTRODUCES LEGISLATION TO PROTECT CHILDREN AND OTHER VULNERABLE PERSONS AS FIRST BILL IN NEW PARLIAMENT

Minister Cotler says the Bill to Protect Children and other Vulnerable Persons will give the most comprehensive child protection legislation of any country in the world.

OTTAWA, October 8, 2004 ? Minister of Justice and Attorney General of Canada, Irwin Cotler, today introduced legislation in the House of Commons to protect children and other vulnerable persons from sexual exploitation, violence, abuse and neglect.

"Introducing this 'protection of the vulnerable' Bill as the first legislative initiative in the new Parliament is important symbolically and substantively. It underscores our commitment to protect the most vulnerable amongst us. It is exemplary human rights protection legislation. It will be good for law enforcement, good for the administration of justice - and most important - it will be good for children."

The legislation proposes six major reforms by way of amendments to the Criminal Code and the Canada Evidence Act, including:

Protecting children from child pornography by:
Broadening the definition of child pornography
Creating a new prohibition against advertising child pornography
Increasing maximum penalties
Narrowing existing defences to a single legitimate purpose defence
Creating a new sexual exploitation offence that better protects young persons between 14 and 18 years of age.
Increasing maximum sentences for other child-related offences, including:
Sexual offences against children
Failure to provide necessities of life
Abandonment of children
Child abuse in commission of an offence an aggravating factor for sentencing purposes
Facilitating testimony by child victims and witnesses through the use of testimonial aids.
Protecting other vulnerable victims and witnesses - including women - by:
Testimonial aids for vulnerable victims such as victims of spousal abuse, criminal harassment and sexual assault
Protecting victims of domestic violence by facilitating the enforcement of civil restraining orders
Creating two new voyeurism offences:
Prohibiting secret observations or recordings in specific cases where there is a reasonable expectation of privacy
Prohibiting the intentional distribution of material that was knowingly obtained through an act of voyeurism
These new legislative tools, together with our National Strategy to Protect Children from Exploitation on the Internet, provide a comprehensive framework to support Canadian law enforcement's efforts to combat child sexual exploitation.

To access an online version of the proposed legislation, visit www.parl.gc.ca.


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Backgrounder: Key Highlights of Proposed Amendments to Protect Children and Other Vulnerable Persons

[Trixxxia]

I remember questions about taking pictures in public places / this may put a twist on it - depending on what the specifics are.

Creating two new voyeurism offences:

Prohibiting secret observations or recordings in specific cases where there is a reasonable expectation of privacy
Prohibiting the intentional distribution of material that was knowingly obtained through an act of voyeurism
These new legislative tools, together with our National Strategy to Protect Children from Exploitation on the Internet, provide a comprehensive framework to support Canadian law enforcement's efforts to combat child sexual exploitation.

[Huggles]

[Trixxxia]

More details on the NEW VOYEURISM OFFENCES:


New Voyeurism Offences: The voyeurism scheme will create two new offences in the Criminal Code. The main voyeurism offence will prohibit secret observation (by any means) or recording, in circumstances where there is a reasonable expectation of privacy, in these 3 cases:

when the person observed or recorded is in a place where a person is expected to be in a state of nudity, or engaged in sexual activity (such as bedroom, bathroom or changing room); or

when the person is in a state of nudity or engaged in sexual activity and the purpose is to observe or record the person in such a state or activity; or

when the observation or recording is done for a sexual purpose

The second voyeurism offence involves intentional distribution of voyeuristic material and requires that the accused knew the material was created during one of the circumstances described above.

[Trixxxia]

Key Highlights of Proposed Amendments to Protect Children and Other Vulnerable Persons

Existing laws protecting children

The amendments proposed today are part of the Government of Canada's ongoing commitment to protect children and other vulnerable persons. They build on recent criminal law reforms that provide increased protection against sexual exploitation, including through child pornography and the Internet.

In Canada it is already an offence to:

make, print, publish or possess for the purpose of publication child pornography;
transmit, make available, distribute, sell, import, export or possess child pornography for these purposes;
possess child pornography;
access child pornography; and
use the Internet to communicate with a young person for the purpose of committing a sexual offence against that child.
Proposed Amendments

The legislation introduced in the House of Commons today proposes amendments to the Criminal Code and the Canada Evidence Act to provide further protection for children against abuse and sexual exploitation. Proposed amendments include the following:

Child Pornography Provisions:

Broader Definition of child pornography: The legislation would broaden the definition of child pornography to include audio formats, as well as written material, that describes prohibited sexual activity with children where that description is the predominant characteristic of the work and it is done for a sexual purpose.
Prohibition on Advertising: Proposed amendments would create a new prohibition against advertising child pornography.
Increased Maximum Sentencing: The maximum penalty for child pornography would be increased from 6 to 18 months on summary conviction and the commission of a child pornography offence with intent to profit would become an aggravating factor for sentencing purposes.
Legitimate Purpose Defence: The legislation would narrow and clarify the test for the child pornography defence. The new defence would only be available if (1) the act in question has a legitimate purpose related to the administration of justice, or to science, medicine, education or art, and if (2) the act does not pose an undue risk of harm to children. This single legitimate purpose defence incorporates the harm-based standard used by the Supreme Court of Canada in upholding the existing child pornography provisions in 2001.
New Sexual Exploitation Offences: The legislation would create a new category of sexual exploitation that better protects young persons between 14 and 18 years of age. Under the proposed reform, courts may infer that a relationship is exploitative of the young person based on its nature and circumstances, including the age of the young person, any difference of age, the evolution of the relationship, and the degree of control or influence exercised over the young person. This new category focuses the court's determination on the conduct or behaviour of the accused, rather than on the consent of the young person to the sexual activity.

Increased Maximum Sentencing: In addition to increasing the maximum sentences for child pornography (noted above), the proposed amendments would increase the maximum sentences for other child-related offences, including sexual offences against children, failure to provide the necessities of life, and abandonment of a child. In cases involving the abuse of a child, courts would be directed to give primary consideration to denunciation and deterrence of such conduct when imposing a sentence. As well, the abuse of a child in the commission of any Criminal Code offence would have to be considered as an aggravating factor by the court and could result in a tougher sentence.

Facilitating Testimony

Child Victims and Witnesses: The proposed amendments would facilitate testimony by child victims and witnesses by better enabling the use of testimonial aids (including screens, closed-circuit television and support persons) for all child victims and witnesses under the age of 18 years. The reforms would also allow children under 14 to give their evidence if they are able to understand and respond to questions. A competency hearing, which is currently mandatory, would no longer be required.
Other Vulnerable Victims and Witnesses: Similar reforms are proposed to facilitate the testimony by other vulnerable victims and witnesses including victims of spousal abuse, criminal harassment and sexual assault. Victims of domestic violence would also be assisted by the proposal to facilitate the use of the criminal law to enforce civil restraining orders or protective orders granted in domestic violence cases.
New Voyeurism Offences: The voyeurism scheme will create two new offences in the Criminal Code. The main voyeurism offence will prohibit secret observation (by any means) or recording, in circumstances where there is a reasonable expectation of privacy, in these 3 cases:

when the person observed or recorded is in a place where a person is expected to be in a state of nudity, or engaged in sexual activity (such as bedroom, bathroom or changing room); or
when the person is in a state of nudity or engaged in sexual activity and the purpose is to observe or record the person in such a state or activity; or
when the observation or recording is done for a sexual purpose.
The second voyeurism offence involves intentional distribution of voyeuristic material and requires that the accused knew the material was created during one of the circumstances described above.

[Cman]

I'm all for that law as long as it doesn't turn into the Canadian version of "2257"

What happened to you Canada? You used to be cool haha.

[Trixxxia]

The thing that isn't clear to me is when will Voyeurism be distorted for a 'porn producer'


How about this: "when the person is in a state of nudity or engaged in sexual activity and the purpose is to observe or record the person in such a state or activity;"

The whole purpose of production is to record them in this 'sexual' state.......

In this part : "when the observation or recording is done for a sexual purpose" will it ever be distorted to include someone who is filming 'voyeur style' stuff? Or how about appartments or buildings used for this sole type of production - will that cause problems for the producer/production company?


I'm so used to distorted laws coming from the south that I look past the benefits of it and just go for the distorted ways lawmakers/politicians/police can make it come out to look as.

[FlyingIguana]

Originally posted by TopBucksTrixxxia
The thing that isn't clear to me is when will Voyeurism be distorted for a 'porn producer'


How about this: "when the person is in a state of nudity or engaged in sexual activity and the purpose is to observe or record the person in such a state or activity;"

The whole purpose of production is to record them in this 'sexual' state.......

In this part : "when the observation or recording is done for a sexual purpose" will it ever be distorted to include someone who is filming 'voyeur style' stuff? Or how about appartments or buildings used for this sole type of production - will that cause problems for the producer/production company?


I'm so used to distorted laws coming from the south that I look past the benefits of it and just go for the distorted ways lawmakers/politicians/police can make it come out to look as.

simple, don't take pics of naked people without their consent, unless they're naked or whatever outside somewhere. if you have consent this stuff doesn't apply or say if you take pics of people at a nude beach. there's no expectation of privacy at a beach.

[StuartD]

I'm worried... does this mean that Canadian sites can't have anyone under 19 now?

What if the girl was 18 at the time but the time was like, 2 years ago?

I hate laws.... they suck.

[Trixxxia]

Well right now its 'Proposed' so we'll wait & see for more clarifications. I'll have to have my lawyer read it for more detailed info.