House of Commons, a Member of Parliament

The letter · 24 September 2026

Bill S-209 — the standard it asks for is already in the Criminal Code

Hello,

On 29 May 2026 you told the House that Bill S-209 has passed the Senate 3 times and that the House has still not acted. The bill received first reading in the House on 30 April 2026 and has not been debated since.

The House has decided this question before. On 13 December 2023 it passed Bill S-210 at second reading by 189 votes to 133, and that majority was never defeated. The bill ran out of time at report stage.

The objection S-209 meets is that age verification is a new burden on lawful expression. Canadian law answers that objection already. Subsection 150.1(5) of the Criminal Code removes the defence of mistaken age. It applies unless the accused took "reasonable steps to ascertain the age of the complainant", and Parliament has required those steps for years. It requires them of a person accused of a crime and requires nothing of a commercial platform that admits a child with one click.

The European Commission reached the same point on 26 March 2026 against Pornhub and 3 other platforms. It recorded that minors get in "by a simple click confirming they are over 18" and found that self-declaration is not an effective measure. The operator of Pornhub, Aylo, is based in Montreal.

I put the section 150.1(5) argument to the Standing Committee on Justice and Human Rights on 4 September 2026. The clerk confirmed the same day that it will be translated and circulated to the members.

I am measuring what age gates do on access from Canada, site by site, without retrieving any content. I will send you the register when the runs are complete.

Confirm by 2 October 2026 which Member sponsors S-209 in the House and when it is expected at second reading. Without an answer by that date, the question goes to the Opposition House Leader.

Use subsection 150.1(5) when the bill is debated.

Respectfully,

Danilo Dzyuban