Mr. Speaker, I thank the members of the House and the deputy government whip.
The government has once again tried to be all things to all people, but has accomplished very little. It appears to be the parochial fence-sitter on this one. The new youth criminal justice bill tried to please everyone. However, by offering only piecemeal, halfway solutions, it in fact pleases no one.
It did not go far enough in lowering to 14 the age at which an offender could face adult sentences for murder, attempted murder, manslaughter and aggravated sexual assault. The 14 year old age limit will also be a barrier for the justice system as it tries to seek justice against young repeat offenders who commit other violent crimes.
These much overblown changes to the bill were an obvious response to overwhelming public pressure to toughen up on youth offenders. The government has given the appearance that it has toughened up the act, but I question whether these cosmetic alterations will have their desired effect.
The obvious question is: Why did the minister refuse to listen to the recommendations of her departmental experts and lower the age of accountability to 10 years of age? Contrary to the attempts by the Liberals to distract the public, no one is suggesting that society take 10 year old offenders, lock them up in prison and throw away the key forever. No one suggests that.
The government says we should try to rely on the social services to meet the needs of offenders under the age of 12. Nevertheless, the Liberals have poked so many holes into the social safety net that current young offender programs are not doing enough for the criminal acts of a 10 year old. On the other hand, if we can hold 10 year olds accountable for their actions and get them involved in the judicial process, there will be more programs available that could lead toward their rehabilitation. It is a mechanism too often necessary to trigger community response.
I wonder why the minister loaded the bill down with such bureaucratic nonsense that certain sections of the act will be difficult to enforce or even interpret. For example, the act proposes prison sentences for up to two years for parents of youth offenders who wilfully refuse to supervise their children after being released to their custody. The misconception is that there is no real accountability for parents in the first instance. It does not take a rocket scientist to realize that virtually every defence lawyer could poke holes in the court's interpretation of the word wilfully. Thus, an opportunity to gain further accountability for young offenders will be lost, leaving the public to only shake their heads. The crown bar or lawyers will be the biggest beneficiaries of these changes. It will take a legion of lawyers and many, many months, if not years, to sort out this bill.
The bill has been described in many of the provinces as being woefully soft on violent offenders.
Our justice critic received correspondence from the Ontario ministry stating the obvious. Sixteen and seventeen year olds who commit adult crimes are not automatically tried as adults. Even for murder, aggravated sexual assault, manslaughter and attempted murder there is no guarantee that youths will be sentenced as an adult. Even on the third rape charge there is no guarantee of an adult sentence.
Most violent offences still require the prosecutor to prove an adult sentence is necessary. Jail sentences will be reduced in some cases as a result of these changes. The key word is reduced. Youth sentenced as adults for murder are still subject to more lenient periods of parole and eligibility than adults sentenced for murder. Mandatory jail time is not required for youths convicted of an offence involving a weapon. I do not think we would call that progress.
The Ontario solicitor general had this say:
What the people of Ontario have been asking for is legislation that will better protect our children and our communities, that will send a message to young people that they will be held accountable for their actions and would deter youth crime. Instead, the federal Liberal government has released a bill that has little regard for public safety and even less regard for providing meaningful consequences for criminal behaviour such as sexual assault, drug trafficking and use of a weapon.
This commentary is not limited merely to politicians. York Regional Police Chief Julian Vantino stated:
Many police officers and citizens right across Ontario, are frustrated with the Young Offenders Act because it seems primarily concerned with the rights of offenders...It's disappointing that the federal government won't take the opportunity to right this wrong and introduce a much tougher law to serve as an effective deterrent to youth crime.
The youth criminal justice act's definition of serious violent offence is so vague that it is almost useless. Thus, we will soon have a youth law where, in no case is an adult sentence automatic. Even in the case of first degree murder, a young person can avoid an adult sentence.
The following offences are not presumed serious enough to warrant adult sentences: armed robbery, sexual assault and drug trafficking. This is a shocking omission given the prevalence of youth in these serious criminal activities.
A young person can commit three serious violent offences with no guarantee of an adult sentence. Repeat offenders of non-violent crimes are not assumed to receive adult sentences. So much is left to judicial and prosecutional discretion or interpretation that it will take years to fully understand the effects.
Let us consider that a 17 year old who robs a bank, kills a customer and is found guilty of murder can still receive a lenient youth sentence. Most serious violent offenders still require the prosecutor to prove an adult sentence is necessary.
Just to conclude, I think the bill is flawed.