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A war of words has broken out between Bloc Québécois MP from Laval Serge Ménard and Conservative Manitoba MP Joy Smith, over the Bloc’s refusal to support Smith’s private member’s bill, which calls for a minimum sentence of five years imprisonment to be imposed on traffickers of children in Canada.
Last month, Laval’s three Bloc Québécois MPs expressed outrage at the Conservative Party’s choice of tactics in the aftermath of their failing to fully support the proposed law. At taxpayers expense, the Conservatives had distributed a provocative leaflet in Laval, suggesting Bloc MPs were unwilling through their non-compliance to defend children from abuse.
Attacks Ménard
But Ménard, who represents the Laval riding of Marc-Aurèle-Fortin, came in for an especially intense drubbing from Smith, after Ménard penned a column published in the Montreal daily Le Devoir denouncing some elements of Smith’s bill. In an op-ed rebuttal piece Smith (who represents Kildonan-St. Paul) wrote, she said Ménard “attempted to rationalize the Bloc Québécois’ opposition to my Private Members’ Bill C-268.
“During debates in the House of Commons and at the Justice Committee, Bloc Québécois MPs Real Ménard and Claude DeBellefeuille stated that the Bloc Québécois opposed Bill C-268 due to its mandatory minimums. In fact, Bloc Québécois MP Réal Ménard said, ‘Parliamentarians here will acknowledge that the Bloc Québécois' positions are consistent.
Consistency sought
“‘We have never been comfortable with mandatory minimum sentences.’ Thankfully the Bloc Québécois has not been consistent on mandatory minimums,” stated Smith. “In 2005, the Bloc Québécois supported mandatory minimums for sexual offences against children and even moved motions to implement mandatory minimums.
“To be truly consistent, the Bloc Québécois should continue to support mandatory minimums for the exploitation of children.” Smith concludes her article with the ominous statement, “Canadians and the international community will take note whether Canada is unified against the exploitation of its children. Those who oppose it will not be forgotten.”
A ‘simple bill’: Smith
In a phone interview with TLN, Smith said, “All I’m asking for is five years for people who traffic in children and basically it is protecting our most vulnerable citizens. And the Bloc Québécois have supported other minimum sentences … All the other political parties are supporting this bill. It’s a simple bill.”
Smith points to the support she has received from numerous individuals and police officials for her bill as evidence of broad public support. “So why does Mr. Ménard and the Bloc go against these people and against my bill and against protecting children?” she said.
Mourani backed her
While child trafficking is gaining notoriety as a crime internationally, Smith claims it also is becoming more common in Canada. “It is indeed a growing crime,” she said. “We have children who are being trafficked on a daily basis. The police know it, NGOs know it. The only one who doesn’t seem to know it is Mr. Ménard.”
Smith notes that Maria Mourani, the Bloc Québécois MP for Ahuntsic, supported Bill C-268, although she was only member of the Bloc to do so. “To my point of view, Maria Mourani is a real Canadian hero,” she said. “I think she’s had a really rough time in the Bloc caucus because she did what her conscience made her do.”
Ménard’s reply
This week in defence of his position, Ménard, who had a long career as a criminal lawyer as well as a prosecutor before turning to politics, continued to insist that the language of Smith’s bill is flawed legally and could be used to inappropriately prosecute individuals. In addition, he said the clause calling for minimum sentencing was added after the bill’s first reading in the House of Commons.
“When we voted, that minimum was not there,” he said. He also noted ambiguity in the bill’s wording. “It covers a wide array of criminal conduct that is extremely vast. She might have included wording for ‘sexual services,’ but it talks about other things altogether. All the jurisprudence she cites refers to kidnapping, but not to exploitation.”
As for Mourani’s support of the bill, Ménard said, “Mme Mourani fell into the same trap as the Liberals and the NDP. They failed to notice the extremely vast implications of Mrs. Smith’s law. She has been defending it with the sort of language she also used in her op-ed. But that’s not what her law is about.”
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