Sébastien's Law (Protecting the Public from Violent Young Offenders)

An Act to amend the Youth Criminal Justice Act and to make consequential and related amendments to other Acts

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

Sponsor

Rob Nicholson  Conservative

Status

In committee (House), as of May 3, 2010
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the sentencing and general principles of the Youth Criminal Justice Act, as well as its provisions relating to judicial interim release, adult and youth sentences, publication bans, and placement in youth custody facilities. It defines the terms “violent offence” and “serious offence”, amends the definition “serious violent offence” and repeals the definition “presumptive offence”. It also requires police forces to keep records of extrajudicial measures used to deal with young persons.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Sébastien's Law (Protecting the Public from Violent Young Offenders)Government Orders

May 3rd, 2010 / 3:35 p.m.
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Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, I thank my colleague for her intervention, although I disagree with her.

One thing we do not hear from the Liberals, the Bloc or the NDP when we have these kinds of debate is the word “victim”. It virtually never comes up.

The other thing that never comes up is the whole notion of protecting society. I know that went out the window back in 1971 when the Liberals put all their focus on rehabilitation and took the focus off the protection of society.

Since the member is so fundamentally opposed to this bill, which focuses on the most violent and dangerous young offenders, what does she propose our government do to protect society and ensure that in the future we do not have the number of victims of youth crime that we have had up to date?

She should perhaps visit my town of Abbotsford to see some of the impacts of youth crime.

Sébastien's Law (Protecting the Public from Violent Young Offenders)Government Orders

May 3rd, 2010 / 3:35 p.m.
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Bloc

Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, I thank the Conservative member for his question. The Bloc Québécois truly empathizes with victims and believes that they should be given more counselling and moral support, as well as varying degrees of compensation, rather than being handed the criminal's head on a platter.

I also invite the member to come to Montreal, Quebec, to see what has been done under the Youth Protection Act. He would see that Montreal and Quebec's crime rates are the lowest in North America. That is due to a rehabilitation system that works very well and that is quite the opposite of the government's tough on crime approach. I would say that we are smart on crime.

Sébastien's Law (Protecting the Public from Violent Young Offenders)Government Orders

May 3rd, 2010 / 3:35 p.m.
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Liberal

Justin Trudeau Liberal Papineau, QC

Mr. Speaker, I am sure you can imagine just how pleased I am to actually be able to stand in the House and speak about youth issues. Far too infrequent are the occasions in this House in which we get to directly invoke and address young Canadians. Mr. Speaker, you can also imagine my concern and my distress to realize that yet again, the only time the government talks about young people, the only time it brings forth measures relating to young Canadians is to talk about locking them up and punishing them.

For me, young people deserve better. Young people are our future, and that future depends on making them into powerful, engaged, committed, active and successful citizens, not just some of them, all of them. With our ageing society, with our ageing demographics, we need to make sure that our best and our brightest come from all corners of society, even the ones who do not necessarily get the best shots, or do not have the best environment around them or the best opportunities. That is where the focus on prevention and rehabilitation, investing in youth services and youth organizations, ways to empower, to encourage and to engage our young people becomes extremely important.

What has the government done recently? It has been cutting community programs. It has been cutting youth initiatives. It has been reducing opportunities for our young people to grow, to develop, to serve, to become more.

There are two personal examples that really affected me, one small and one large.

Canada's summer jobs program in my riding was cut this year by about $8,000 from last year, based on what the government called administrative tweaks. It is not a lot of money but it does mean that four or five young people will not have opportunities this summer to serve, to work, to help community organizations. Those cuts happened right across the island of Montreal, in talking with my colleagues, and some of the cuts are much larger. This is an example of where the government just does not get it and chooses to shave off programs here and there for young people.

On the other side is a larger example. The government announced with great fanfare a few months ago that it was renewing funding for Katimavik, Canada's national youth service program, for three years. What it did not mention in its news release was that it was renewing the funding at $5 million less per year than the program had received before. Every year, thousands of young people apply to Katimavik for an opportunity to serve their country, to work hard within communities, to build a better Canada one neighbourhood at a time. At a moment in time when young people need a framework like that, need opportunities to discover their importance and their relevance in our world, the government is cutting $5 million a year.

What is it doing with that funding? With this bill, it is proposing to build more detention centres, and that does not make much sense.

The very foundations of the Canadian judicial system separate the rights and needs of youth and adults, an internationally recognized norm that this bill seeks to undermine. The United Nations Convention on the Rights of the Child, adopted by Canada, recognizes child-specific needs and rights. The best interests of the child must be ensured by the state. Our country's participation in this convention would be damaged by the government's push to further adult incarcerations for young offenders in Canada.

Recognizing a young offender as a developing individual, the important role parents and guardians play and children's rights to privacy, protection from exploitation and expression of their opinion are all necessary if we are to prevent further crimes. These are the very principles the United Nations Convention on the Rights of the Child embodies and they have been reflected in the current Youth Criminal Justice Act.

I find it very troubling that this government is choosing to set aside the interests of our young people, when all Canadians want a justice system that focuses on prevention and rehabilitation.

Let us look at the statistics. The reality is that despite what the Conservatives tell us, crime rates, and youth crime rates, are going down all over Canada.

Youth crime is down right across the country, but the government will say that violent crime among youth is rising slightly. That is true in some parts of the country, but the one part of the country where violent youth crime is down is the one part of the country that we have spent a lot more effort and energy into investing in prevention and rehabilitation. That is my home province of Quebec.

Quebec gets it. Quebec knows that we cannot base everything on other generations' fear of youth. We must give our youth the chance to make mistakes, and guide them to learn from their mistakes so that they can fully participate in society. That is not what this government is proposing.

These are the politics of cynicism, division and fear at their very worst. The cynicism is apparent even in the choice of the name of this bill. For me, to call it Sébastien's law is a slippery slope, not taking away anything from what Sébastien and his parents have gone through and the tremendous voice that Sébastien's parents have been in terms of standing up for victims' rights. But to call it that at the same time that victims' rights groups across the country have been coming forward and complaining, calling out and decrying the fact that the Conservative government is cutting aid to victims' programs, cutting help and support to community organizations that are helping victims deal with their crime, that is the politics of cynicism. The politics of division are all about picking among groups who are likely to vote for a party and groups who are unlikely to vote for a party and pandering to those who will.

We are encouraging the division between seniors and young people by promoting a mistrust of young people, by engaging the stereotype that youth crimes are horrible and young people need to be punished and set on the straight path. Spare the rod and spoil the child; that sort of mentality does not work.

Yes, there have been situations in which young people have committed horrible crimes, but our judicial system has largely been able to deal with those in a responsible manner. For me, the fact that we have to further politicize and attack young people is shameful.

I have been across the country. I have spoken with young people who want nothing more than to be valued by their government, listened to and empowered by their government. The fact of the matter is the government does not talk about young people except to create fear. Those are the politics of fear, to make us afraid of young people and what they represent, to make us afraid of the violent crime that young people are capable of, instead of working on bringing people together, on creating opportunity for young people to learn, to grow, to contribute. This knee-jerk reaction of the ease to lock them all up and throw away the key is why there is this tough on crime agenda on the other side of the aisle.

We need to focus on energy on being tough on crime, but the government tries to make things evil and scare people. The idea is that we need to bring people together within politics, not divide them.

I am told by my colleagues that there are possibilities of salvaging some elements of this youth crime bill in committee, which is why I look forward to hearing those discussions in committee. However, the fact of the matter is I fundamentally wish that the government had a better opinion of young Canadians and of their capacity to be not just leaders of tomorrow, but leaders of today, if we give them the tools.

Young Canadians and all Canadians deserve better.

Sébastien's Law (Protecting the Public from Violent Young Offenders)Government Orders

May 3rd, 2010 / 3:45 p.m.
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Bloc

Serge Ménard Bloc Marc-Aurèle-Fortin, QC

Mr. Speaker, I have a question for the member who just spoke. A question came up during the debate regarding expanding the scope of circumstances under which the name of a young offender would be released. Some members said that this would stigmatize the young person for a very long time and would relegate them to a life of crime. Others also said that by publishing the names we would be creating a good list of recruits for organized crime groups. These groups could easily contact them to train them within their organizations. Could the member comment on this?

Sébastien's Law (Protecting the Public from Violent Young Offenders)Government Orders

May 3rd, 2010 / 3:45 p.m.
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Liberal

Justin Trudeau Liberal Papineau, QC

Mr. Speaker, I thank the member for that very good question.

The idea of making it easier to publish the names of young offenders plays into this culture of fear that is being created. As things now stand, it is already possible to publish the name of young offenders, but the judge and the system are responsible for proving that this is really warranted. I think that making it easier could destroy the lives of too many young people who could perhaps move on some day.

Sébastien's Law (Protecting the Public from Violent Young Offenders)Government Orders

May 3rd, 2010 / 3:45 p.m.
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Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, what was very clearly lacking from the member's intervention was any empathy for the victims of crime. The member essentially dismissed Sébastien and his family, dismissed the victims of crime in Canada, and said the sole focus should be rehabilitation. It is not surprising.

I am referring to a statement that a former solicitor general in the government of that member's father said back in 1971. Jean-Pierre Goyer, a Liberal, when solicitor general of Canada, said:

The present situation results from the fact that protection of society has received more emphasis than the rehabilitation of inmates. Consequently, we have decided from now on to stress the rehabilitation of offenders, rather than the protection of society.

When I asked the member for Eglinton—Lawrence last week whether he still supported that position from 1971, he seemed to indicate yes.

My question for the member is, does he still support the abandonment—

Sébastien's Law (Protecting the Public from Violent Young Offenders)Government Orders

May 3rd, 2010 / 3:45 p.m.
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Conservative

The Deputy Speaker Conservative Andrew Scheer

The hon. member for Papineau.

Sébastien's Law (Protecting the Public from Violent Young Offenders)Government Orders

May 3rd, 2010 / 3:45 p.m.
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Liberal

Justin Trudeau Liberal Papineau, QC

Mr. Speaker, it is interesting that for their arguments the Conservatives have to go back 40 years.

As we look over the past 40 years, the reality is that violent youth crime has decreased. The fact of the matter is that when we talk about victims of crime, yes, we have tremendous empathy. I was very clear that I have nothing but admiration for the tremendous work Sébastien's parents have done in promoting the rights of victims and help for victims of crime.

However, the Conservatives politicize it to that extent and at the same time remove their support for victims of crime. By cutting victims of crime programs they are allowing for there to become more victims of crime. Every single study demonstrates that the more we try to use deterrents on young people by threatening longer sentences and more incarcerations, the more it does not work.

The only thing that works is investing in possibilities for them to improve, to engage and to grow as citizens.

Sébastien's Law (Protecting the Public from Violent Young Offenders)Government Orders

May 3rd, 2010 / 3:50 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, in my region of James Bay in the north, there are young people who are denied access to grade schools because the government says that building schools for children is not a priority. There were 11 suicides and 80 attempted suicides, and the government was going to shut down the children's aid services. It did not want to spend the money.

I would like to ask my hon. colleague about the priorities of a government that believes the only solution, the only thing it has offered in five years in this House, is one crime bill after another. The Conservatives hide behind the victims and say they are the only ones concerned about the victims.

Why is it that the Conservatives have done nothing on issues such as children in isolated communities who are lacking basic access to schools and lacking basic access to justice because the Conservatives do not even want to hire police to represent those communities? Why are there two tiers in this country?

Sébastien's Law (Protecting the Public from Violent Young Offenders)Government Orders

May 3rd, 2010 / 3:50 p.m.
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Liberal

Justin Trudeau Liberal Papineau, QC

Mr. Speaker, the issue is very clear to me.

The government is proposing to spend millions of dollars building more prisons and youth detention centres, and investing in prison guards because it has created a culture and climate of fear as opposed to investing in schools, community centres, community activists, community organizers and people to reach out to young people and empower them. It is shameful.

Sébastien's Law (Protecting the Public from Violent Young Offenders)Government Orders

May 3rd, 2010 / 3:50 p.m.
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Conservative

The Deputy Speaker Conservative Andrew Scheer

Is the House ready for the question?

Sébastien's Law (Protecting the Public from Violent Young Offenders)Government Orders

May 3rd, 2010 / 3:50 p.m.
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Some hon. members

Question.

Sébastien's Law (Protecting the Public from Violent Young Offenders)Government Orders

May 3rd, 2010 / 3:50 p.m.
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Conservative

The Deputy Speaker Conservative Andrew Scheer

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Sébastien's Law (Protecting the Public from Violent Young Offenders)Government Orders

May 3rd, 2010 / 3:50 p.m.
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Some hon. members

Agreed.

On division.

Sébastien's Law (Protecting the Public from Violent Young Offenders)Government Orders

May 3rd, 2010 / 3:50 p.m.
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Conservative

The Deputy Speaker Conservative Andrew Scheer

I declare the motion carried. Accordingly, the bill stands referred to the Standing Committee on Justice and Human Rights.

(Motion agreed to, bill read the second time and referred to a committee)