In addition to banning the sale and transmission of pornographic images over the Internet, the proposed measure would make it a crime to knowingly access a Web site that has posted illegal child pornography, according to Farah Mohamed, a spokesperson for the Canadian Ministry of Justice.
The new laws, included in a longer list of revisions to Canada's Criminal Code and other acts, were tabled in the House of Commons Wednesday by governing party MP Anne McLellan, the country's Justice Minister and Attorney General.
Intended to modernize Canada's existing legal framework surrounding child pornography, the legislation would not make it a crime to simply stumble onto a Web site displaying child pornography, Mohamed said.
Only users searching for, and knowingly accessing, those images would be culpable under the proposed legislation, Mohamed said.
The proposed law, which must work its way through Canada's House of Commons, sets a 10-year maximum jail term for individuals who post or transmit child pornography and a five-year maximum term for Web surfers who view the images online.
"While we capitalize on the opportunities and benefits (the Internet) brings, we must also confront its potential dangers," McLellan said in a prepared statement. "We know that criminals use the Internet. Combating crimes committed using the Internet is crucial, particularly when it comes to the most vulnerable members of our society."
The new rules would make it easier for judges to order the deletion of child pornography posted on computer systems, such as those operated by Internet service providers (ISPs). However, the Canadian Association of Internet Providers (CAIP), says it wants to be sure that child pornographers and not ISPs will be the targets any new laws.
CAIP president Jay Thompson said Wednesday that his organization was consulted by the Justice Department on the child-pornography issues and "looks forward to working with the government in further fine-tuning of the amendments to ensure the legislation is clear as to who it is targeting and the role that ISPs can and should play."
The omnibus bill includes a variety of other reforms, ranging from increased maximum penalties for cruelty to animals to amendments to the a 1997 child sex tourism law to make it easier to prosecute in Canada Canadians who sexually assault children in other countries.
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