Bill C-291 (Historical)

An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse and exploitation material)

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

Mel Arnold Conservative

Introduced as a private member’s bill.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment amends the Criminal Code to replace the term “child pornography” with “child sexual abuse and exploitation material” and makes consequential amendments to other Acts.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-291s:

C-291 (2021) An Act to amend the Immigration and Refugee Protection Act

C-291 (2016) An Act to amend the Food and Drugs Act (genetically modified food)

C-291 (2011) An Act to amend the Employment Insurance Act (waiting period and maximum special benefits)

C-291 (2009) An Act to amend the Immigration and Refugee Protection Act (coming into force of sections 110, 111 and 171)

Votes

Feb. 1, 2023 Passed 3rd reading and adoption of Bill C-291, An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse and exploitation material)

Nov. 23, 2022 Passed 2nd reading of Bill C-291, An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse material)

Debate Summary

This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-291 seeks to amend the Criminal Code and other acts by replacing the term "child pornography" with "child sexual abuse material." The aim is to more accurately reflect the non-consensual and exploitative nature of the material and to recognize the victimization of children involved. Proponents believe this change will strengthen the Criminal Code and acknowledge the severity of the crimes inflicted on victims, while also aligning with terminology used by victim services organizations.

Conservative

Supports amending the Criminal Code: The Conservative party supports amending the Criminal Code to replace the term "child pornography" with "child sexual abuse material". They argue that the current term is a misnomer that does not accurately reflect the severity and non-consensual nature of the material.
Protecting children: The Conservatives express a commitment to protecting children from sexual abuse and exploitation, calling for stronger sentences for those who produce, distribute, or possess child sexual abuse material. They advocate for an end to conditional sentence orders for these offenses.
Sentencing must be stronger: Conservatives argue that sentencing must reflect the repeated victimization of children involved in the creation and distribution of child sexual abuse material. They want sentences to get stronger, just like was proposed in Bill C-299.

Bloc

Supports bill C-291: The Bloc supports the bill. They believe that using children to produce pornographic material is abuse and that child pornography is most definitely child sexual abuse.
Importance of terminology: The Bloc believes that using the term "child sexual abuse" rather than "child pornography" is important to make the gravity of the offence clear, so the victim can fully come to terms with it. By calling it “child sexual abuse material”, it names the abuse that the child suffered, and describes the accused as a sexual abuser of children.
Judicial awareness: The Bloc believes that the terminology change proposed in the bill would undoubtedly bolster judges' awareness. They cite examples of judges making inappropriate comments in sexual assault cases, highlighting the need for judges to get training on sexual assault and the social context surrounding it.

Liberal

Committed to protecting children: The Liberal government is committed to preventing and protecting children from sexual abuse and exploitation, working with international partners and through a national strategy.
Supports the bill's objective: The government supports the bill's objective to ensure that the terminology used to refer to child pornography accurately reflects the abhorrent nature of the material as the abuse of children.
Need for clarity: There is a desire to ensure the new term, "child sexual abuse material," accurately reflects the full scope of the existing definition and is not interpreted more narrowly.
Government to support the bill: The government will support the bill and work with colleagues to ensure the legislation is as strong as it can be, including considering expanding the bill to include the term "exploitation" and updating regulations to match.

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Criminal CodePrivate Members' Business

November 17th, 2022 / 6:20 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

The question is on the motion.

If a member of a recognized party present in the House wishes that the motion be carried or carried on division, or wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.

Criminal CodePrivate Members' Business

November 17th, 2022 / 6:20 p.m.

Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Madam Speaker, I request a standing vote.

Criminal CodePrivate Members' Business

November 17th, 2022 / 6:20 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

Pursuant to an order made on Thursday, June 23, the division stands deferred until Wednesday, November 23, at the expiry of the time provided for Oral Questions.

The House resumed from November 17 consideration of the motion that Bill C‑291, An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse material), be read the second time and referred to a committee.

Criminal CodePrivate Members' Business

November 23rd, 2022 / 3:20 p.m.

The Speaker Anthony Rota

It being 3:18 p.m., pursuant to order made on Thursday, June 23, the House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C‑291 under Private Members' Business.

Call in the members.

(The House divided on the motion, which was agreed to on the following division:)

Vote #221

Criminal CodePrivate Members' Business

November 23rd, 2022 / 3:30 p.m.

The Speaker Anthony Rota

I declare the motion carried. Accordingly, the bill stands referred to the Standing Committee on Justice and Human Rights.

(Bill read the second time and referred to a committee)