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Monday, March 22, 1999 CANADA VOLUME 135 S NUMBER 201 S 1st SESSION S 36th PARLIAMENT OFFICIAL REPORT (HANSARD) Monday, March 22, 1999 Speaker: The Honourable Gilbert Parent CONTENTS (Table of Contents appears at back of this issue.) All parliamentary publications are available on the ``Parliamentary Internet Parlementaire'' at the following address: http://www.parl.gc.ca 13191 HOUSE OF COMMONS Monday, March 22, 1999 The House met at 11 a.m. GOVERNMENT ORDERS _______________ D (1110) Prayers [English] _______________ YOUTH CRIMINAL JUSTICE ACT D (1105 ) Hon. Anne McLellan (Minister of Justice and Attorney General of Canada, Lib.) moved that Bill C-68, an act in respect BUSINESS OF THE HOUSE of criminal justice for young persons and to amend and repeal other acts, be read the second time and referred to a committee. Hon. Don Boudria (Leader of the Government in the House of Commons, Lib.): Mr. Speaker, later today it is the intention of She said: Mr. Speaker, it is a pleasure this morning to speak on the government to introduce a bill regarding the labour disruption second reading of the youth criminal justice act. and PSAC. [Translation] I seek the unanimous consent of the House to do the introduction now to allow an extra four hours for members to actually see the Canadians realize that several important aspects of the youth content of the bill and of course to make it in the public domain as justice system are not working as well as they ought to, and that the well. system needs to be re-examined and reworked. Perhaps there would be consent to go to Routine Proceedings [English] now for only that purpose, and this would not affect Routine We know that it will take a sustained effort involving all levels of Proceedings later today which would be held in the customary way. government and many other partners to tackle the complex prob- The Acting Speaker (Mr. McClelland): Is there unanimous lems of youth crime and to build the fair and effective youth justice consent to proceed now to Routine Proceedings? system Canadians want and deserve. Some hon. members: Agreed. That process is underway. Last June the solicitor general and I launched the government’s national crime prevention program. _____________________________________________ Since then millions of dollars have been invested in community based crime prevention initiatives across our country dealing at the front end with the root causes of crime, with a special focus on ROUTINE PROCEEDINGS youth at risk. On March 11, 1999, I introduced the youth criminal justice act [English] and I am now pleased to participate in the second reading debate. Repealing and replacing the Young Offenders Act with the youth GOVERNMENT SERVICES ACT, 1999 criminal justice act is the next key step in the process of youth justice renewal. Hon. Don Boudria (for the President of the Treasury Board and Minister responsible for Infrastructure, Lib.) moved for The new legislation will signal to Canadians that a new youth leave to introduce Bill C-76, an act to provide for the resumption justice regime is in place. and continuation of government services. The new legislation reflects the message Canadians want from (Motions deemed adopted, bill read the first time and printed) their youth justice system, that it is there first and foremost to 13192 COMMONS DEBATES March 22, 1999 Government Orders protect society, that it foster values such as respect for others and 14 to 17 year olds given a youth sentence for murder, attempted their property, that it insist on accountability and that it provide murder, manslaughter, aggravated sexual assault or repeat violent both violent and non violent young offenders with consequences offences could also be published in certain circumstances. that are meaningful and proportionate to the seriousness of the offence, that it be a youth justice system that is inclusive, that engages Canadians in the response to youth crime and that it does a The youth criminal justice act would also replace the current better job of responding to the needs of victims. procedure for transfer to adult court by empowering all trial courts to grant adult sentences so that the youth retains age-appropriate procedural protections and so that justice can be provided quickly, We on this side of the House are not prepared to criminalize 10 placing less of a burden on victims and families. This will also and 11 year olds. That is not the way to best address their needs, a ensure that the offender, the victim or the victim’s family and the point I have made clear in the House on many occasions. We community see a clear and timely connection between the offence believe that in those circumstances where a formal approach is and its consequences. required, child welfare and the mental health systems are the preferred approaches. The bill contains other important reforms to the youth justice The federal government is committed to working jointly with the system. In response to concerns by the law enforcement communi- provinces and territories to develop a co-operative approach. We ty, judges would be given more discretion to admit voluntary also want to ensure that we have a system of youth justice that statements by youth as evidence at their trials. In response to the offers hope to young people, that gives young people who get in concerns of victims, victim impact statements would be introduced trouble with the law a chance to turn their lives around for their in youth court and victims’ access to information regarding sake and for the sake of their families and their communities. proceedings would be improved. The youth criminal justice act includes provisions for more The bill provides for an increased sentence for adults who meaningful consequences for the most serious violent young undertake to the court to respect bail conditions involving supervi- offenders. It expands the list of offences and lowers the age at sion of a young person who would otherwise remain in custody and which youth would presumptively receive adult sentences. who wilfully failed to comply with those conditions. When the legislation is passed youth 14 years and older who are The bill provides that provinces may recover the costs of court convicted of murder, attempted murder, manslaughter or aggra- appointed counsel from parents and young people who are fully vated sexual assault will receive an adult sentence unless a judge capable of paying. As well, the record keeping system for youth can be persuaded otherwise. The judge would need to be persuaded records would be simplified and would allow for greater access by by the youth that a youth sentence would be adequate to hold the authorized people in the interests of the administration of justice young person accountable given the seriousness and the circum- and research. stances of the offence and the degree of responsibility, age and maturity of the young person involved. The majority of young people who get into trouble with the law In addition, we are creating a fifth presumptive category for are non-violent and only commit one offence. Unfortunately there repeat violent offenders where young offenders 14 and older who are too many examples in our current youth justice system of demonstrate a pattern of violent behaviour would receive an adult young people serving time in jail for minor offences. We incarcer- sentence unless a judge can similarly be persuaded otherwise. ate youth at a rate four times that of adults and twice that of many U.S. states. We incarcerate youth despite the fact that we knowing- ly run the risk that they will come out more hardened criminals and D (1115 ) we incarcerate them knowing that alternatives to custody can do a better job of ensuring that youth learn from their mistakes. The bill contains an important change to what may be the most controversial aspect of our youth justice legislation, the publication This bill includes criteria on the use of custody so that it is used of names. The debate on this issue essentially involves two appropriately. Further, the bill includes provisions for dealing with legitimate and competing values, the need to encourage rehabilita- less serious offending outside of the formal court process. Police tion by avoiding the negative effect of publicity on youth versus the would be asked to consider all options, including informal alterna- need for greater openness and transparency in the justice system. tives to the court process before laying charges. The police, key partners in this strategy, would be given more authority to use The proposed legislation now before the House strikes an verbal warnings or cautions, to direct youth to informal police appropriate balance between those competing views and values. It diversion programs such as family group conferences, or more would permit the publication of names upon conviction of all formal programs requiring community service or repairing the young offenders who qualify for an adult sentence. The names of harm done to the victim. March 22, 1999 COMMONS DEBATES 13193 Government Orders While every effort would be made to reduce the overreliance [Translation] on incarceration, some youth will be sentenced to custody. The youth criminal justice act includes provisions that respect an obligation to ensure that all young people, particularly the most The government’s youth justice strategy opens the door to serious offenders, receive effective treatment and rehabilitation. greater involvement by the general public and by professionals in Successfully rehabilitated youth means fewer victims, restored youth crime, and I encourage Canadians to get involved. families, safer schools and stronger communities. [English] To this end, the bill includes an intensive custodial sentence for the most high risk young offenders who are repeat violent offenders I would ask members to support the youth criminal justice act so or who have committed murder, attempted murder, manslaughter that we can put in place the kind of youth justice system that or aggravated sexual assault.
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