Government of Canada Introduces Legislation to Help Protect Children From Internet Sexual Predators

OTTAWA, November 24, 2009 - The Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice and Attorney General of Canada, and the Honourable Christian Paradis, P.C., M.P. for Mégantic-L'Érable and Minister of Public Works and Government Services, today announced the introduction of legislation to assist in the fight against sexual exploitation of children by requiring suppliers of Internet services to report Internet child pornography.

"The creation and distribution of child pornography are appalling crimes in which children are brutally victimized over and over again," said Minister Nicholson. "A mandatory reporting regime across Canada will strengthen our ability to protect our children from sexual predators and help police rescue these young victims, and prosecute the criminals responsible."

In September 2008, Federal/Provincial/Territorial Ministers responsible for Justice agreed that Canada's response to child pornography could be enhanced by federal legislation requiring those whose services could be used to facilitate the commission of Internet child pornography offences to report suspected material.

The proposed Act would apply to suppliers of Internet services to the public, e.g. Internet access, electronic mail, content hosting and social networking sites. It would require them to:

• Report, to a designated agency, tips they receive regarding Web sites where child pornography may be available to the public; and
• Notify police and safeguard evidence if they believe that a child pornography offence has been committed using an Internet service that they provide.

Failure to comply with the duties under this Act would constitute an offence punishable by graduated fines: up to $1,000 for a first offence; $5,000 for a second offence; and for subsequent offences the possibility of a fine up to $10,000 or six months imprisonment; or both for sole proprietorships. If a corporation fails to comply with its duties under this Act, the graduated fine scheme would be up to $10,000, $50,000 and $100,000.

"Our Government remains committed to protecting Canadians - particularly our children - from crimes being committed in today's technological environment," said Minister Paradis. "A mandatory reporting regime will further enhance collaboration between the Internet service industry and law enforcement which will result in greater protection for our children from online sexual exploitation."

In June 2009, the Government also introduced Bill C-46, the Investigative Powers for the 21st Century Act and Bill C-47, the Technical Assistance for Law Enforcement in the 21st Century Act. These proposed pieces of legislation would help ensure that law enforcement and national security agencies have the additional tools they need to fight crimes such as child pornography in today's high-tech environment.

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Ref.:

Pamela Stephens
Press Secretary
Office of the Minister of Justice
613-992-4621

Media Relations
Department of Justice
613-957-4207