Justice committee  I agree with your observation that it's hard to know how this particular provision will be applied, because it was determined to be a fundamental principle of justice. It is essentially a game-changer, to some extent, for us. We have been working very hard at trying to figure out

Justice committee  First of all, I think this section articulates stated law. Since Regina v. D.B., that is the prevailing principle of fundamental justice that applies to the youth system. Whether it's in there or not, it would be the prevailing framework under which youth justice would be conduct

Justice committee  I think the only clear difference between the previous drafted provision and this one is that it was the longer-term protection that was in the existing provision, and this puts an emphasis on the more immediate protection by dropping the longer-term protection.

Justice committee  There's no question that the sentencing provisions of the Youth Criminal Justice Act require that the measure that's proportionate be the one that's most likely to support the rehabilitation of the young person. I think the concern is to ensure that the response of the criminal j

Justice committee  In the Youth Criminal Justice Act, this measure refers to referring young people to basically crime prevention or support mechanisms in the community. This isn't necessarily an accountability measure under the act. For example, if there's a perception that there may be some menta

Justice committee  Deterrence and denunciation were also included, as you may recall, in the government's Bill C-25, which was introduced a session ago. It is part of the notion that it is important that young people be held accountable. You're correct, in that deterrence and denunciation have pr

Justice committee  Perhaps I can clarify a bit my previous answer. The difference between deterrence and denunciation that was in Bill C-25 and what is in this provision is that the notion of general deterrence is not part of this set of provisions; instead, it is just specific deterrence. The int

Justice committee  There is a difference, in that the provision in proposed section 3 applies to measures and not just to penalties. This is an attempt to make sure that if the justice system is persuaded that an alternative or extrajudicial measure or sanction is appropriate for the young person,

Justice committee  I think we play the same role as public servants do, which is to offer analysis and advice. Then decisions are made, and we loyally implement the decisions that are taken.

Justice committee  The difference between the existing provision and the proposed section 3 is that there is a highlighting of protection of the public, and it is flagged and given prominence in the new definition for section 3, but how protection to the public is delivered remains consistent with

Justice committee  The bill changes the proposed rules associated with pretrial detention. If a young person has been charged with a serious offence--and murder would certainly be classified as a serious offence--because the possible sentence for an adult is in excess of five years, then the young

Justice committee  Yes, the Supreme Court of Canada decision you're referring to is Regina v. D.B. This is also somewhat in response to your question, Ms. Leslie. In that case, they actually determined there was a constitutionally protected fundamental principle of justice of the presumption of

Justice committee  Yes, they are.

Justice committee  No, that's a serious offence, and it's one that applies to the pretrial detention provisions. The serious violent offence is specifically defined in this proposed bill. The serious violent offence includes the four specific offences of murder, manslaughter, attempted murder, an

Justice committee  As you probably know, under Regina v. D.B., the Supreme Court struck down the presumption. If this bill is passed, it will require crowns to indicate whether or not they will be seeking an adult penalty when the young person is accused of having committed murder, manslaughter, at