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Monday, May 2, 1994 VOLUME 133 NUMBER 061 1st SESSION 35th PARLIAMENT OFFICIAL REPORT (HANSARD) Monday, May 2, 1994 Speaker: The Honourable Gilbert Parent HOUSE OF COMMONS Monday, May 2, 1994 The House met at 11 a.m. The beat goes on and on. While these incidents are taking place, while these murders, rapes, robberies and assaults are _______________ taking place, we in Parliament are sitting on our hands. We did not need these incidents to tell us that the Young Offenders Act Prayers is in desperate need of reform. _______________ We have been back for six months and there still is not any concrete action. This is the first bill before Parliament to PRIVATE MEMBERS’ BUSINESS address the Young Offenders Act, which is just one small component of the criminal justice system, one small component of a system that simply does not work, a system that is [English] unbalanced, a system that cares more about suspects and crimi- YOUNG OFFENDERS ACT nals, a system that is more concerned about those who perpetrate crimes than those who are victims of crime in the country. Mr. John Nunziata (York South—Weston) moved that Bill C–217, an act to amend the Young Offenders Act, the Con- One thing was made perfectly clear by my constituents in the traventions Act and the Criminal Code in consequence thereof, riding of York South—Weston, and I am sure by all Canadians, be read the second time and referred to a committee. and that is that the criminal justice system is in desperate need of reform. He said: Mr. Speaker, it is with profound regret that I lead off the debate on changes to the Young Offenders Act today. Press Canadians want leadership. They want changes not only to the reports indicate that a 16–year old man, Marwan Harb, was Young Offenders Act but to other pieces of federal legislation, murdered yesterday in Hull, just blocks away from the Parlia- including the Criminal Code, the parole laws, the bail laws, the ment Buildings. prostitution laws. We cannot simply sit back and say what a wonderful country we live in, look at how safe our country is. The person allegedly responsible for that death apparently is a Let us look to the United States as an example of what it is really young offender and according to press reports the victim, like to be bad as far as criminal activity is concerned. Marwan Harb, is the second cousin of one of our colleagues, the member for Ottawa Centre. This debate is timely. At the conclusion of the debate this morning I will be seeking the unanimous consent of the House to We do not need this latest incident to remind us of the have this matter referred to the justice committee so that the necessity for changes to the Young Offenders Act, which is in justice committee can begin work. I will be listening very desperate need for reform. Just a few weeks ago there was carefully to the person or persons in the House who will deny another senseless killing, again committed by a young offender. unanimous consent to send this matter to committee, and that Nicholas Battersby met his death as a result of a drive–by person or those MPs who deny unanimous consent will have to shooting in Ottawa. These murders, these incidents, are happen- explain their reasons why they want to continue to sit on their ing right across the country. hands. (1105) I have to say as well that I am not at all happy with the My colleague from Kent who has been instrumental in calling government’s agenda with regard to changes to the Young for changes to the Young Offenders Act will be speaking about a Offenders Act. The government’s agenda is on a slow boat to particularly vicious murder in his community. China when we ought to have changes here in the House immediately. In the province of Alberta a woman trying to protect her children was stabbed to death, again by a young offender. Some hon. members: Hear, hear. A six–year–old in British Columbia was raped and murdered Mr. Nunziata: Mr. Speaker, I have great respect and confi- by a young offender who had a number of convictions for dence in the Minister of Justice with regard to his genuine molesting young children. The public did not know because the commitment to changes to the criminal justice system in Cana- Young Offenders Act has a total ban on the publication of da, but unfortunately his agenda calls for simply the introduc- details. tion of a bill in June and he is not expecting passage of the bill 3733 COMMONS DEBATES May 2, 1994 Private Members’ Business until later this year or sometime next year. That is just not good society does not even appear to register in the consideration of enough. those involved in the system, particularly judges who have to bear some of the responsibility for some of the outrageous I would submit that it would be totally and completely and sentences that are handed down today. absolutely irresponsible for members of all sides of this House to rise for the summer holidays, to go back to our homes, The third statement recognizes the need for supervision, families and cottages without passing changes to the Young discipline and control of young offenders, but also that they Offenders Act. That would be an abdication of our responsibility have special needs and require guidance and assistance. We will as legislators. It would be an abdication of the mandate and the not find any dispute about the need for special guidance and trust given to us by the people of Canada six short months ago. assistance for young people. We all recognize that there is a need for a system that will deal with young offenders. We do not want I would urge the minister, I would urge the government, I to treat 12 and 13 year olds, genuine children, like adults. We do would urge all members in the House to expedite changes. We do not want to throw them in the slammer, send them down to not need another year or two of study. I was a member of the Kingston to serve a life sentence or to serve lengthy prison justice committee for eight years. When I was first elected to the terms. There has to be a balanced system. We all recognize that. House in September 1984 the Young Offenders Act was only a few months old and it was clear then that the Young Offenders However, when we look at the experience today we recognize Act would not work. I have been calling for changes for the last that the system is doing a disservice to the public and to young 10 years. people because it is telling young people today that they have to carry knives. One cannot help but wonder that if there were a (1110 ) different psychology out there with our young people today the young person who was murdered in Hull yesterday would be Here we are 10 years later and just a few weeks ago the 10th alive today. Why was it necessary for the person who committed anniversary of the Young Offenders Act was celebrated. The the murder to be carrying a knife? It is not uncommon for young Young Offenders Act replaced the old juvenile delinquents act. people today to carry knives and loaded guns to school every Back then the bleeding hearts claimed that the juvenile delin- morning. That is the atmosphere that our young people are faced quents act was not working and they needed a more balanced with today. They carry guns and knives and other deadly system. weapons not simply to do harm to other people but for protec- tion. We have now a piece of federal legislation that is totally unbalanced. It is a piece of legislation that shoves aside the Mr. Speaker, when you and I were in high school, public public interest and shoves aside security for the public. Instead school and university if there was a score to settle you used your it protects and invites young people to break the law, to embark fists. You would go out back and have a fist fight, a little wrestle upon a lifetime of criminality. and you would settle your scores. Today scores are settled with deadly force. Scores are settled with knives and bullets and guns. People are killed and maimed right across the country as a The bill which I have before Parliament today addresses three result of this unfortunate and tragic situation that our young of the fundamental changes necessary to the Young Offenders people are faced with today. Act. I will speak about those changes in a few moments. First, I want to talk about the existing law, the Young The philosophy also says, the fourth consideration, that the Offenders Act, section 3, which contains eight statements of taking of measures other than judicial proceedings should be policy indicating the philosophy behind the Young Offenders considered where not inconsistent with the protection of society. Act. I want to summarize the philosophy and explain why in my view that while the intention was there, the 10 years of practice (1115 ) that we have had have clearly established that the principles have gone haywire. The fifth statement recognizes the legal and constitutional rights of youth. Therein lies one of the major problems with the The first principle is that young persons are said not to be as Young Offenders Act.
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