Hon. Julie Miville-Dechêne: Senator Moreau, the Quebec Superior Court has just authorized a class action lawsuit against Aylo, the parent company of Pornhub. The judge wrote:

So far, the allegations show that the people running these sites failed to ensure that the individuals depicted in the videos had duly consented to the dissemination of their intimate images and, furthermore, that these people were aware that a large number of non-consensual images, including child pornography material, had been posted.

I’m well aware that you are not authorized to comment on matters before the courts. However, I would remind you that no criminal charges have been brought against Pornhub in Canada in the five years since the massive scandal broke. Why is that?

Hon. Pierre Moreau (Government Representative in the Senate): Unfortunately, I can’t provide a definitive answer to your question. What I can do is share some hypotheses.

The Superior Court must apply the rules of civil law when authorizing a class action. For criminal charges to be laid, Crown prosecutors must be satisfied that they have enough sufficiently robust evidence to prove the offender’s guilt beyond a reasonable doubt.

If no criminal charges have been laid against Pornhub in Canada in the past five years, it is likely because the evidence submitted to the Crown prosecutors is not enough to justify prosecution.

Senator Miville-Dechêne: I am familiar with the differences between civil and criminal law, but it is interesting to see that the United States has brought legal action against Pornhub. I understand that our legal systems are different. However, we should have been able to file criminal charges, given how many allegations were made and how many victims came forward. All the more so, senator, since Pornhub is headquartered—

The Hon. the Speaker: I’m sorry, Senator Miville-Dechêne, but the allotted time is up. Thank you.

Senator Moreau: Far be it from me to lecture you on the law, but it is important to remember that, if victims have come forward to the police, and the police submitted their findings to the Crown prosecutors, then it is up to the prosecutors to determine whether there is sufficient evidence to file criminal charges. There can be no government or political interference in such matters.

The fact that Pornhub is headquartered in Montreal does not change anything from a criminal law perspective. When a criminal offence is committed in Canada, those who committed the crime, no matter where they are from —

The Hon. the Speaker: Thank you, Senator Moreau.