Madam Speaker, the member's comments have distracted me so much because of a number of things I would like to say. Let us make sure that a crime never occurs and a victim is never created. Let us include things like the national child tax benefit. Let us invest in our young people and make sure they have healthier tomorrows rather than end of pipe solutions.
In responding to the member opposite I would like to clarify the rules that govern publication of names, because that was the specific question that he raised.
Under Bill C-68, publication of names will continue to be allowed in all cases where the youth is sentenced to an adult penalty. Publication will be prohibited when a youth is sentenced to a youth penalty unless the sentence is given for a presumptive offence such as murder. In those cases the presumption is that publication bans could not apply.
There are however two situations when the name of a young person receiving a youth sentence for a presumptive offence would not be publishable. The first occurs when the attorney general does not seek an adult sentence. The second occurs when a judge considers an application by the youth or the attorney general and determines that publication should be prohibited based on the importance of rehabilitating the youth and the public interest. These rules will give judges the guidance and flexibility to enable them to take into account the particular circumstances of the young person.
It is important to note that publication will also continue to be allowed when it is necessary to apprehend a youth who is dangerous and wanted for a serious offence. The government believes in an open justice system. However, we must remember that youth are more vulnerable than adults. Their chances for rehabilitation are greater.
Publication is banned in all cases where a youth sentence is imposed for a non-presumptive offence. However, when a sentence is so serious that the youth is sentenced as an adult then the rules applying to adults must apply to youth, including the publication of names.