Bill C-25 (Historical)

An Act to amend the Youth Criminal Justice Act

This enactment amends the Youth Criminal Justice Act by adding deterrence and denunciation to the principles that a court must consider when determining a youth sentence. It also clarifies that the presumption against the pre-trial detention of a young person is rebuttable and specifies the circumstances in which the presumption does not apply.

Youth Criminal Justice Act

[Alan Tonks, Liberal, York South—Weston, ON]

Mr. Speaker, I remember the last time we discussed this whole issue with respect to restorative justice, particularly within the context of alleged youth criminal activity. I was drawn at that time to the same points that our colleague from the Bloc has made.

The issues related to criminal and gang activity are of great concern to my community. I would like the member to elucidate a little with respect to what tools judges in Quebec have available to them when they are dealing with young people in terms of restorative justice in order to invoke the kind of positive response he indicated, with statistics showing lower criminal activity and a more positive impact in Quebec. I wonder if he could give us a brief outline of what tools judges have available to them in Quebec that may not be available in the rest of the country.

[Claude Bachand, Bloc, Saint-Jean, QC]

Mr. Speaker, I thank my hon. colleague for his question. Basically, a judge is like a member of Parliament or any member of society holding an office. Judges grow up in their own society, their own nation. The first thing they look at is whether there is a history.

The hon. member is giving me an opportunity to ask the question again. Will there be less crime in a society or an environment where people are financially advantaged, have a higher than average education and share a collective vision? The judges have to consider that in determining a sentence.

In Quebec, in many cases, the judge determines that the child or young person comes from a very difficult background. One has to show some form of empathy or sympathy for the child to begin with. The judge infers the ability to make nuances from his or her own upbringing in a society where we want to give a chance to young people who have made a mistake, instead of beating them over the head at the first opportunity.

That is what judges in Quebec take into consideration, their thought process being conditioned by a blueprint for society, to which I referred earlier, that puts young people first and gives them a chance.

Obviously, there are individuals who may be beyond redemption. I am not suggesting that we can redeem every young person who goes through the system, but I can say that every one of them is given a chance to reintegrate society. The judges feel deeply this need to ensure justice and equity for young people.

[Raynald Blais, Bloc, Gaspésie—Îles-de-la-Madeleine, QC]

Mr. Speaker, first of all, I would like to say that I completely agree with what the member for Saint-Jean just said. I would like to add something.

He hit the nail on the head when he spoke about repression as opposed to prevention and about completely different mentalities, and when he said that we should consider our social conscience.

So, does he not find that now there is a laissez-faire, easy-way-out mentality, as opposed to a mentality that would involve taking the time to look at what is going on with young people, to work with them, to trust them more?

Because repression is nothing more than that.

[The Acting Speaker, Conservative, Royal Galipeau]

The hon. member for Saint-Jean has 30 seconds to respond.

[Claude Bachand, Bloc, Saint-Jean, QC]

Mr. Speaker, my colleague is correct. Right now we are taking the easy way out. In fact, there will be an automatic response: if a young person does something wrong, the police will arrest him, put him in prison and the judges will hand out tough sentences.

This is not the solution, as was said. The solution is how it is done in Quebec: reintegration and prevention, a fair and just society, and capable judges, as was mentioned earlier, who exercise judgment and give these youth a second chance. That is much more effective.

[The Acting Speaker, Conservative, Royal Galipeau]

I thank the hon. member for a smooth landing.

Is the House ready for the question?

[Some hon. members]

Question.

[The Acting Speaker, Conservative, Royal Galipeau]

The question is on the motion that this question be now put. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Acting Speaker, Conservative, Royal Galipeau]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Acting Speaker, Conservative, Royal Galipeau]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Acting Speaker, Conservative, Royal Galipeau]

In my opinion the yeas have it.

And five or more members having risen:

Call in the members.

And the bells having rung:

This vote is deferred until tomorrow at 5:30 p.m.

The House resumed from February 4 consideration of the motion that Bill C-25, An Act to amend the Youth Criminal Justice Act, be read the second time and referred to a committee, and of the motion that this question be now put.