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QUESTION PERIOD — International Trade

Canada-United States-Mexico Agreement--Online Sexual Exploitation

December 15, 2020


My question is for the Leader of the Government in the Senate. It follows up on the question Senator Miville-Dechêne asked yesterday regarding Article 19.17 of the Canada-United States-Mexico Agreement.

I asked the Leader of the Government a question about the same article on December 6, 2018, just before that free trade deal came into force. I talked about one particular aspect of the agreement, namely that, through Article 19.17, the Government of Canada had agreed to apply civil law and to limit civil liability for content publishers like the Facebooks and Googles of the world.

Later, in response to my supplementary question, I was told that this commitment only applies to civil liability and will not affect Canada’s ability to regulate in the public interest or enforce criminal law.

Why is the government not enforcing criminal law to prosecute Pornhub?

Hon. Marc Gold (Government Representative in the Senate) [ + ]

Thank you for the question, senator. As I have stated several times in this place, certain federal laws apply to the sexual assault of minors.

Not only did I explain that certain sections of the Criminal Code apply, but I also said that the Canadian government is currently looking at ways to make better laws and find solutions through regulations. I also raised the issue of obtaining a decision from the Attorney General — at the provincial level, in this case — to determine whether there is sufficient evidence to prosecute.

Unfortunately, not to say tragically, that is why we are currently in this deplorable situation, even though this issue is not the result of a gap in Canadian criminal law.

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