Manitoba law would require anyone finding computer child porn to come forward

Steve Lambert, THE CANADIAN PRESS

WINNIPEG - The Manitoba government put forward a proposed law Wednesday that will require anyone who comes across child pornography to report it to the authorities, or risk a maximum $50,000 fine and two years in jail.

The bill, believed to be the first in Canada, puts the onus on computer technicians, relatives and the general public to report child porn they find on people's hard drives, DVDs, magazines and in other formats. Still, the province admits no one may ever be prosecuted under the law.

"Whether police will want to charge under this law or the (federal) Criminal Code, I will leave that with them," said NDP Family Services Minister Gord Mackintosh, who promised the legislation a year ago.

"The key issue here, of course, is not about prosecutions. It's about prevention, sending a strong message and backing it up with protection for informants."

Critics argue police will have a hard time proving that someone - a computer repair technician who might examine images on a client's hard drive, for example - saw child porn and kept quiet. The bill expands an existing law that requires people to report child abuse, and so far no one has been prosecuted under it.

The Opposition Progressive Conservatives said they support a crackdown on child porn, but are worried the bill may amount to window-dressing.

"It's nice to stand on a soapbox and huff and puff about this legislation, but there had better be some teeth," said Tory justice critic Gerald Hawranik.

Hawranik also pointed to two anti-gang laws put forward by Mackintosh when he was justice minister in 2003 and which have not seen any prosecutions. The bills, which are supposed to allow police to seize gang members' assets and shut down their businesses, have proven unworkable for police and prosecutors.

Child protection groups, however, said the bill will make a difference.

"This bill is clear. Everybody has an obligation to report (child pornography)," said Rosalind Prober, president of the Winnipeg-based children's rights group Beyond Borders

The Child and Family Services Amendment Act requires any Manitoban who comes across child pornography to call Cybertip, a 24-hour hotline operated by the Canadian Centre for Child Protection. The group then alerts police or child welfare workers.

"The legislation is not about criminalizing behaviour, it is not about pointing fingers, it is not about creating a snitch line," Lianna McDonald, the centre's executive director.

"This...is really saying that adults are the first line of protection for children and we have that obligation."

The bill also requires police and others to keep the informants' identities confidential, and forbids informants from being fired if they tell on a co-worker.

© The Canadian Press, 2007