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Child Prostitution, Child Sex Tourism, Criminal Harassment and Female Genital Mutilation

96.15EM Emergency Resolution: Child Prostitution, Child Sex Tourism, Criminal Harassment and Female Genital Mutilation

Whereas:

  • Children by virtue of their lack of maturity, are more vulnerable than adults to danger, exploitation and abuse and are in greater need of protection; and,
  • By ratifying the United Nations Convention on the Rights of the Child, Canada has undertaken to protect children from all forms of sexual exploitation and sexual abuse, and to take measures to prevent the exploitive use of children in prostitution or other unlawful sexual practices; and,
  • A strong statement denouncing the exploitation of children involved in prostitution, in particular, by their procurers, should be sent to the general public, and to persons involved in the administration of justice; and,
  • It is necessary to include provision within the Criminal Code to provide extra-territorial jurisdiction in relation to Canadian nationals and permanent residents who obtain, outside Canada, the sexual services of a person who is under the age of eighteen; and,
  • Experience with the current anti-stalking legislation adopted in 1993 indicates that its effectiveness can and should be improved; and,
  • The Government of Canada has now indicated it believes that a clear statement that the criminal law of Canada applies to the practice of female genital mutilation will facilitate ongoing education efforts in this area;

Therefore, be it Resolved:

That the National Council of Women of Canada urge the Government of Canada to amend Section 7 of the Criminal Code to include the following:

  1. Everyone who, outside Canada commits an act that if it were committed in Canada would be an offence punishable by law shall be deemed to have committed that act in Canada if that person is a Canadian Citizen or a permanent resident within the meaning of the Immigration Act;
  2. Make illegal any attempt to procure the sexual services of someone who is under the age of eighteen;
  3. Add a new offence of aggravated procuring, which would carry a five-year minimum sentence for those who for their own profit and while living on the avails of child prostitution, use violence and assist in carrying out prostitution-related activities;
  4. Make improvements, which will help to apprehend those seeking the services of youth prostitutes;
  5. Add provisions, which will remove barriers for youth who wish to testify against pimps;
  6. Ensure that anyone who commits murder while stalking which caused their victim(s) to fear for their safety will face a first-degree murder charge;
  7. Ensure that a court, when imposing a sentence on a person who is convicted of stalking while under a restraining order (peace bond), must treat that as an aggravating factor;
  8. Specifically state that the practice of female genital mutilation is illegal in Canada;

Further Resolved:

That the National Council of Women of Canada urge the Government of Canada to:

  1. Continue and to expand its involvement in an education program to educate Canadians regarding the health risks associated with female genital mutilation and to work closely with those communities where the practice is more prevalent;
  2. Ensure that section 212 of the Criminal Code is applied to the prosecution of tour operators or travel agents offering sex tours.