An Act to amend the Youth Criminal Justice Act

This bill was last introduced in the 39th Parliament, 2nd Session, which ended in September 2008.

Sponsor

Rob Nicholson  Conservative

Status

In committee (House), as of Feb. 5, 2008
(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 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.

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.

Votes

Feb. 5, 2008 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.
Feb. 5, 2008 Passed That this question be now put.

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 3:40 p.m.
See context

Bloc

Nicole Demers Bloc Laval, QC

Mr. Speaker, I am pleased to rise this afternoon to speak to Bill C-25. I have heard this bill being discussed all day by various colleagues who have different positions.

However, I think that there is room in the debate on this bill for the individual, the grandmother, the mother, the person looking at the situation from a different point of view than the legal experts.

It is true that if we were legal experts, we would look at this pragmatically without too much thought for the consequences of our decisions. The consequences do not affect us. They will affect the people this bill will target in the future: our young people. There are 308 members in this House, and I believe that many among us have children, grandchildren and teenagers. But the difference between our children and the children this bill would put in prison for committing serious crimes, is that we are probably in a position to offer them services to get help.

When we talk about juvenile delinquents, we are often talking about young people who come from disadvantaged, impoverished backgrounds. Unfortunately, we are also often talking about youth who come from aboriginal communities, and for good reason. When you do not have any dreams to pursue when you wake up in the morning, when you have no way to realize your ambitions, you may well rebel as an adolescent and wind up doing something to finally make a name for yourself. But sometimes, people do strange things for recognition.

I am not trying to say that I am in favour of what our young people do and the violence they often engage in. In my opinion, everyone in this House had a difficult adolescence. If we did not, it was probably because we were luckier or more privileged or because our parents were able to protect us and gave us as much affection, love and discipline as they could.

But this is not the whole reason young people rebel. Rebellion is part of adolescence, part of the transition to adulthood. When adolescents rebel, they sometimes do reprehensible things that they are not necessarily aware of. Even though they want to become adults, adolescents are still children. Even though in their own minds they already have adult thoughts and tastes, emotionally they are often still children and need someone to guide them and help them find their way.

Often, young people step out of line because they are far more spontaneous than when they become adults. Even here, in this House, adults often step out of line because they are spontaneous and spontaneously decide to rebel against a colleague, a policy or ideologies they do not appreciate. But we are adults, and we should always behave like pragmatic adults and keep our feelings in check.

This, however, is not the reality. Imagine being an adolescent who is having problems, who has little in the way of resources, who has no money and wants to be like everyone else, like those who have money and wear designer clothes, those who go to the movies and to concerts, which, these days, can cost $65, $150 or even $200 a ticket. Although I do not condone the actions of these adolescents, I can certainly understand why they are sometimes tempted to do something reprehensible in order to achieve their ends.

Should we immediately give them sentences that, in reality, rival adult sentences? Does anyone believe that this is what will get them back on track and make them into serious adults? I do not believe that putting children in prison will produce better citizens. I do not believe that establishing harsher sentences for our young people will produce better citizens.

I do not believe that prison, any more than prayer, can transform a person. It has long been said: “pray and you will be healed”. The same is true when it comes to prison: it just does not happen. All too often, the very opposite is what happens—and I am not referring to prayer, but to prison. Quite often, rather than making someone more socially responsible, prison teaches them the tricks that only lead them deeper into the spiral of crime.

Prisons are full of hardened criminals, such as murderers. Often, people in prison have no concept of right and wrong. Is that really what we want for our children?

When I wake up in the morning and I hear on television that a bunch of teenagers had a fight and one of them died, or that an elderly person was assaulted and beaten, or that some teenagers stole some weapons and shot at other teenagers, that scares me. It would scare anyone. But will that fear make me want to put all children in prison? That would not make sense. It does not make sense to make a law so restrictive that it prevents us from giving these children a chance to become full members of society again.

There have been so many studies on the subject. We have a good record in Quebec. We are constantly working to give our children back a sense of fairness, of justice, of belonging to society, as well as an understanding that being part of society means having both rights and responsibilities. If we spent a little more time educating children about that, if we ourselves, as responsible adults, made a stronger commitment to teaching our children about rights and responsibilities, then perhaps fewer of our children would choose the wrong path.

Today, the government is trying to persuade us that there is no hope for our children. I refuse to accept that. I refuse to believe that our children are intrinsically bad.

I refuse to believe that the bad in children who are 12, 13, 14, 15 or 16 is so entrenched that they are beyond redemption. I refuse to believe that.

I wonder how many people here have thought about that. I wonder whether the Minister of Justice has children; if he has adolescents. I wonder if he always follows the rules. Does he always drive his car at 100 km an hour? Does he always make a complete stop? Does he ever have a drink before getting in his car? I wonder. We are entitled to wonder. When we legislate for children, we have to be as pure as the driven snow and I do not think that is the case for any one of us here. I am not; and I am not a murderer either.

We are talking here about changing laws for the future, for a long time. When legislation is passed, it is not just for a year or two. It does not come and go like political parties falling in and out of favour. That is not how it works. Unfortunately, when a law is entered in our books, it is there for a long time, unless we change it by eliminating parts of it. It is still very hard work. And even if we do this hard work, because we have had second thoughts, does not guarantee results with our children who are growing up right now.

Our children need parents with financial security. They need parents who are not experiencing a work shortage or a gap in employment insurance benefits if they are without work, or a lack of affordable housing.

I went to Prince Albert this summer. I met some people there from Edmonton who told me that in the middle of their city is a tent-city to shelter Edmontonians who can no longer afford rent. I have not heard anyone talk about that in this House. The Conservatives are unable to find solutions to poverty, the lack of affordable housing and other problems in Quebec or Canada that prevent our children from attending the schools of our choice or from participating in the activities of their choice because people can no longer afford it.

When people lose their jobs at 55 years of age, they very likely have children, adolescents, who are left without a lot of choice. The Conservatives cannot do anything in that regard, but they want legislation to ensure that these children, who will never have as much as other people, will be imprisoned if they do something wrong. They want to pass a law to do that. Children are allowed to have guns in Alberta and Saskatchewan in particular. They are allowed to play with very dangerous things, and now the Conservatives want to pass a law so that they can be imprisoned after they use their guns on someone.

What lack of thought. What are we coming to? It is socially reckless. What are we doing for the generations to come?

I do not think that this is the way to solve the problems of our young people. We should put the money where it is needed. We should ensure that parents have the wherewithal to feed their children. We should ensure that they have what it takes to nourish their minds, their bodies and their interests and that they can buy books to nourish their dreams. We should do that first, and then I am sure we would have a lot fewer delinquents. I am sure that if we give our children what they need to grow up proudly, there will be no need for these prisons.

We know that some children are sexually assaulted. This also helps to create habitual criminals. What are we doing, though, to protect our children from sexual assault? What are we doing to protect the children who are out on the streets right now? What are we doing to provide them with homes? There are very few places where they can go when they lose their way or run away from home. What are we doing for them? Rather than sending them to prison, why not try to work with them? Why not try to give them a chance? That is what we are doing in Quebec, and it is having real results.

In the United States, on the other hand, they are just creating habitual criminals. The earlier a child goes to prison, the greater the chance that he will become a habitual criminal. We know that in Quebec. Why can people not understand that in the rest of Canada? Why? What is the problem? Is it between the ears? Why can they not understand that children have a right to be free? Children need to be taught, though, that freedom entails both rights and responsibilities. We should teach them that instead of putting them in prison.

All day long, I have heard our friends—I do not even want to use that word any more—our Conservative opponents, let me say, talking about the importance of putting children in prison. Usually, I would qualify the Conservatives as adversaries, but they are not even adversaries; they are simply bad guys.

Among the Conservatives you will find people who are against abortion. They want the babies of women who have been raped to come into the world so they can become children without dreams, criminals that we put in prison. Is that the kind of future we want to give them? Is that the justice, the policy we want to introduce? The kind of policies that we need are the ones that will eliminate poverty, that will allow for the enrichment and empowerment of our children, policies that will enable everyone to profit from the fruits of this money that is constantly collected. It is in the order of $14 billion, $11 billion and $27 billion.

We send money to Saudi Arabia and we send them recommendations. That is what they told us, at noon today, concerning a woman who had received a sentence of 200 lashes. What treatment will our children receive in the places where we want to imprison them? Are we going to wash our hands of them too? After all, what is important is to get rid of them, right? What is important is to close the door so that we do not see what is going on. Is that really what is important?

Unfortunately, that is what seems to be important. They are completely uninterested in the results that such a policy could produce. They could not care less. They have not given it five minutes' thought. They are populist; they do like so many others. For our part, we do not want to lower ourselves to that. The government responds to pressure rather than doing what it should. It is easier. It is easier to build prisons than to commit money to combat poverty.

Needless to say, I will be voting against this bill. I hope that my colleagues in the opposition will vote against it as well. As for the rest of my colleagues, I do not expect anything from them.

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 4 p.m.
See context

Conservative

The Acting Speaker Conservative Andrew Scheer

I see several members rising for questions and comments. I will try to do a minute for each question and answer to accommodate more members.

The hon. Parliamentary Secretary to the Minister of National Defence.

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 4 p.m.
See context

Edmonton Centre Alberta

Conservative

Laurie Hawn ConservativeParliamentary Secretary to the Minister of National Defence

Mr. Speaker, I cannot resist saying that this is just right out of Days of our Lives. Does the hon. member really think that we are going to go down the streets rounding up children, throwing them in jail and giving them 200 lashes each because they are naughty? For crying out loud, this is absolutely outrageous.

Let me ask the member a simple question. Does she think that a curfew for a year is a just penalty for someone who gets three friends together, goes home, gets baseball bats and golf clubs and then knocks on another juvenile's door and, in a premeditated way, beats him to death? Is curfew for a year a just penalty?

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 4 p.m.
See context

Bloc

Nicole Demers Bloc Laval, QC

Mr. Speaker, as usual, my colleague demonstrates that he does not listen when we speak. I did not say that he should give our children 200 lashes.

On the question of imposing a curfew on children for a year, in Quebec we have proved that we can adapt the punishment to the crime committed and that sending them right to prison is not going to straighten them out. While these children did something that is not right, we also have to see the root of the problem. It is not enough to say that a crime was committed, particularly when it is committed by children. It is not enough to say that a crime was committed when we do not know what the root of the problem is. We must absolutely ensure that we know why the crime was committed.

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 4 p.m.
See context

NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I listened with great interest to my colleague's speech. I found it very powerful because more and more now we are talking about the criminalization and the demonization of our young people. It is, I think, a profound change in our society.

I was a school trustee. I saw schools putting in CCTV cameras to spy on our young people because they are up to something. I have seen schools where they have taken out the meeting places where young people spend time together because if those young people are spending time together they are causing trouble. There is a sense that young people are a threat to be watched all the time.

Where is the question about how these young people are our citizens? These are the people we adults should be working with instead of just always blaming them, stopping them on the streets and making sure they have no place to hang out. This is what we are seeing and not just with the Conservative Party. That party is a manifestation of a much larger problem.

When Sun Media has a story about a little old lady mugged by a punk, we will notice that there are members in the House who have a spring in their step and a whistle as they sing. It seems to make their day that they can come here and say that they have another example of evil youth. I would like to ask the member what she thinks about this continual demonization of young people.

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 4:05 p.m.
See context

Bloc

Nicole Demers Bloc Laval, QC

Mr. Speaker, I thank my colleague for his question.

What is happening is in fact very unhealthy and it makes me very afraid. It makes me very afraid because we are seeing a very intense right-wing wave that has got hold of some people’s minds.

And yet we know that Dr. Lipsey has done meta-analyses over several years on the subject of rehabilitating offenders. He tells us that for adolescents, rehabilitation is much more effective than imprisonment. This is someone who is recognized worldwide. Why not put our faith in people who have done studies for years rather than putting our faith in what we feel, as an individual or a minister or an MP? Why not put our faith in what has been done by qualified people who do nothing but this, rather than wanting to imprison our children for a few votes in a few provinces?

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 4:05 p.m.
See context

Bloc

Raymond Gravel Bloc Repentigny, QC

Mr. Speaker, I was very pleased to hear the speech by my colleague from Laval. She is a woman with heart who speaks from her heart and I found it very interesting. I have two little questions to ask her, but I do not know whether she will be able to answer them both.

First, she drew a parallel between prayer and prison. I would like her to expand on what she meant. Second, I would also like to know the statistics. We are told that the crime rate is falling, but at the same time we are toughening up the laws. I do not know what the statistics are in this regard. Is there a difference between Quebec and the rest of Canada? I think that the rehabilitation rate is much higher in Quebec than elsewhere and that the policy is perhaps different. I would like her to expand on this.

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 4:05 p.m.
See context

Bloc

Nicole Demers Bloc Laval, QC

Mr. Speaker, I want thank my colleague for his question.

I made reference to prayer because I know our colleagues truly believe in it. In fact, I think they believe in prison as much as they do in prayer. I believe in the power of prayer. They say, pray and you shall be healed, but that is not what I believe. Pray, do something and then you will heal. We do not heal automatically. This is not a time of miracles, especially not since this government came to power. In talking about prayer, reference is often made to the Conservatives, who are very right leaning and often use prayer to resolve their problems.

However, as far as rehabilitating our offenders is concerned, we have such a high success rate in Quebec because we use the right tools and we believe in these young people and we believe that by working with them we can help them do something good.

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 4:05 p.m.
See context

Conservative

Myron Thompson Conservative Wild Rose, AB

Mr. Speaker, I quite often listen to members like this one and the member from the NDP, who seems to think that everybody is demonizing young people these days. I keep hearing the message from that member's party that if we cleaned up poverty, we would clean up crime. Do rich kids in Quebec not commit crimes?

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 4:05 p.m.
See context

Bloc

Nicole Demers Bloc Laval, QC

Mr. Speaker, if the hon. member had bothered to listen to my entire speech he would have understood when I said that, fortunately, some parts of society are able to provide services to their children when they slip up.

However, people who are poor do not have the capacity to provide these services. How many rich children go to rehabilitation or detoxification centres that cost thousands of dollars? How many poor children go? None, and they will die injecting heroine in their arms because they were unable to get help.

That is the difference. It is not that rich children do not commit crime, it is that they have lawyers to defend them other than crown attorneys. Rich children might have parents who do their part. Even still, not all rich children have that.

All children must be treated equally, with respect, justice and fairness. We will not achieve that by incarcerating them.

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 4:10 p.m.
See context

Liberal

Joe Volpe Liberal Eglinton—Lawrence, ON

Mr. Speaker, I tried to follow the remarks of the honourable member. I think I understood that she would like reasonable and fair training for every individual, whether they are young people or adults. The role of training and educating individuals in our society falls under provincial jurisdiction.

Second, she would like to see a sharing of social and community values with all citizens, particularly with young people. In the past, training in those values was in the hands of the church. Today, we no longer accept the role of the church in the training of the community.

Finally, the member says that we must eradicate or eliminate poverty. The causes are economic and I know that there are political programs with economic aspects that are aimed at eliminating poverty.

However, I would like to ask her what alternatives the Bloc is offering to the bill introduced by the government that she and her Bloc colleagues supported against the Liberals.

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 4:10 p.m.
See context

Conservative

The Acting Speaker Conservative Andrew Scheer

There are only 30 seconds remaining for the hon. member for Laval.

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 4:10 p.m.
See context

Bloc

Nicole Demers Bloc Laval, QC

Mr. Speaker, I will not dignify that with an answer.

My remarks were very direct in calling for the things we need. When I talk about being able to eliminate poverty, my colleague knows very well that I never wanted a centralizing government and that I still want the money to be given to the provinces so that we can deliver our programs, as we are doing in Quebec.

What we have proposed is making a difference. What we have always done, are still doing and will continue to do is to offer simple alternative solutions that have been tried elsewhere and have been successful, such as what we are doing in Quebec; for example, our day care program, our health care system and our system of—

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 4:10 p.m.
See context

Conservative

The Acting Speaker Conservative Andrew Scheer

Resuming debate, the hon. member for Dartmouth—Cole Harbour.

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 4:10 p.m.
See context

Liberal

Michael Savage Liberal Dartmouth—Cole Harbour, NS

Mr. Speaker, I am pleased to have the opportunity to speak to Bill C-25, which I think responds to a very significant need in the country and certainly responds to a demand for action from many people in my own constituency of Dartmouth--Cole Harbour.

I can indicate certainly my support in principle for the bill. I think there are some significant things in the bill that need to be changed or added to, specifically in terms of how Justice Merlin Nunn's recommendations were used or not used. I think there is enough good in the bill that we need to send it to committee for further discussion.

Crime is a huge issue for Canadians. Probably there are not that many places in the country where it is more of an issue than it is in my own community of Halifax, more specifically Dartmouth--Cole Harbour. I have had the opportunity to meet with very many constituents of mine who have come to see me specifically about the incidence of crime. Quite often it is youth crime, but not always, and perhaps it is even exaggerated a little. Nonetheless, it is a big issue with a lot of people who live in my area, just as it is for people across Canada.

I met not too long ago with the Smythe family, whose son was bullied and then beaten up very badly. They do not feel they have the protection they need as a family to deal with the circumstances that their son, through no fault of his own, found himself in. He was beaten up and is now back in school walking the same halls as the perpetrators of that crime.

I think there is a moral responsibility upon governments at all levels, federal, provincial and municipal, to make sure that people feel safe in their communities. Right now many people do not feel safe, whether the crime rate is up or down. Over the years it has come down. Nonetheless, we have a responsibility to make sure that all citizens feel safe in their communities, on their streets and particularly in their schools.

Jason McCullough is a person whose name has become well known in my community. He was murdered some years ago in the north end of Dartmouth. His murder has never been solved. The case is still open. Every year in October, there is a candlelight vigil and community members get together to remember Jason and to walk through the streets that he used to walk through as a student. They do it to remember Jason and to put on the pressure so that he is not forgotten and his case continues to get attention.

My own brother is the vice-principal of Dartmouth High School. He loves the kids. He is a great teacher and now he is a great administrator. I have talked to him and other administrators and teachers who tell me that we need to do something to make sure that repeat and violent young offenders in particular are dealt with. Nobody in these schools wants to abandon these kids for life, and they are kids, but they also think it is an absolutely unacceptable circumstance that people who continually violate are put back into a circumstance with the people whom they have already violated and may violate in the future.

The week before Parliament resumed in October, I had the occasion to call an open meeting. I have a series of community round tables in Dartmouth--Cole Harbour, usually on a specific topic. I ask people to come in. We have held them on health, education, development and a number of other things. This latter one was entitled, “What are your priorities for this Parliament?” I just asked the people in my community to come to this open forum and tell their member of Parliament what they wanted to see done in Parliament and what were their priorities. This was before the Speech from the Throne.

We talked about a number of things. Poverty came up continually. Poverty was a big issue. So was the issue of Afghanistan: what is the right thing to be doing in Afghanistan? Child care came up.

The issue that resonated most at that meeting was the issue of crime, because again, we had families come to that meeting and stand up and say that their family life has changed because they do not feel safe in the streets. Their son or daughter or someone close to them has been the victim of a crime and they feel helpless. They feel powerless.

In a lot of cases, people said that they do not exactly know the details of all the legislation in Canada, but they just have a sense that it is not working for them and they feel we have to do something about it. Specifically, people talked about the Youth Criminal Justice Act and what we can do to tighten it up.

The history of what is now the Youth Criminal Justice Act goes back to the Juvenile Delinquents Act of 1908 or something like that. The Young Offenders Act was a dramatic improvement. There is still a lot of confusion. I heard the Minister of Justice last night on CBC refer to changes he was making to the Young Offenders Act, so he misspoke, but a lot of people still think the Young Offenders Act is in force. The Youth Criminal Justice Act is the source of an awful lot of confusion.

In Justice Merlin Nunn's report, on which much of this legislation relies in the form of his recommendations, on pages 166 and 167, actually says the Youth Criminal Justice Act is a very sound piece of legislation.

In fact, it is one of the best pieces of youth justice in the world, but there are holes in it. There are gaps and those gaps relate to the issue of repeat and violent offenders. We do not need to blow up the Youth Criminal Justice Act, but it is appropriate to look at it and make sure we approach it in a reasoned way.

We also need to make sure, when we deal with the issues of youth justice, that we are getting out in front of the problem as well as just dealing with it when it happens. We also need to believe, as I do, in rehabilitation.

I met with a member of the Federation of Canadian Municipalities, FCM, from Saskatchewan this afternoon who was telling me about a politician, who I had not heard of but other members will have in Saskatchewan, who had a criminal past and was reformed, rehabilitated and elected in the Saskatchewan Party and is part of the government today.

People can be rehabilitated. We should never suggest that people cannot be rehabilitated. That would be an absolute failure and an admission of our inability to deal with circumstance. It is not that way.

While we look at these changes, some of which I support quite strongly, we have to get out in front of the problem. We need to look at things like child care for Canadians. I have made no secret of that.

I have spoken in the House about how strongly I felt about the plan that the former government had for child care. We may disagree on the best way to deliver it, whether it is through the universal child care benefit that the government has come forward with or the plan that I believe in, but we have to accept that not all children are born with an equal opportunity for success or even an equal opportunity for a good life.

Quite often, it is those kids who fall through the holes in society and end up dealing with the criminal justice system on a repeat basis. That has to be changed.

We could invest not only in child care but in things like the Boys & Girls Club. We could build jails, but the best thing we could do for kids is to build the infrastructure they need.

My community has the Dartmouth North Boys & Girls Club, the Cole Harbour Boys & Girls Club and near where I live there is the East Dartmouth Community Centre. Here the federal, provincial and municipal governments got together and decided to put money toward it because there were a lot of kids who did not have an equal opportunity for success and a good life.

The Boys & Girls Club of East Dartmouth is led by people like John Burton and Dave who run the programs and are friends to the kids. They are both mentors to the children and provide the kind of support that gives a lot of kids, who otherwise might not have it, a chance to succeed and access to opportunity.

With regard to the infrastructure that the FCM was talking about today, again to go to my community, there are less hockey rinks in Dartmouth now than when I was growing up. A couple have closed over the last 10 years. We do not have the infrastructure we need.

Anybody here would agree that if kids have a chance to play hockey, which is prohibitively expensive, basketball or soccer and feel like they are part of a group through recreation, they have a better chance to succeed, to feel valued, to live a dignified life, and to avoid coming in contact with the criminal justice system.

I suggest investing in schools, both public schools, pre-kindergarten to grade 12, and universities. We need to invest in schools. Nova Scotia has a woeful record of investing in public schools over the past number of years. It is very low in the per capita rankings. Municipally, provincially, and federally we need to get together and decide that there is nothing more important than the children of the next generation of Canadians. We must invest in schools and give all kids an opportunity to succeed.

There are other things. I had a chance to meet, as I often do, with RCMP officers and police officers who are assigned to high schools in my community. I met with an RCMP officer recently who works in the Cole Harbour high school. He told me that one of the things that works the best with kids, and people may think he is crazy, was restorative justice.

We have a champion of restorative justice in Nova Scotia in Danny Graham who was the former leader of the Liberal Party in Nova Scotia.

When kids have the opportunity to understand what they have done and a chance to make compensation, it has a big impact on them. Quite often it has a big impact on the families of victims as well, who are very integral to the process of restorative justice.

We have this legislation today. It was alleged to have been inspired by the Nunn commission, the hon. Merlin Nunn, retired justice of the Supreme Court of Nova Scotia. His report came about as a result of the tragic incident of Theresa McEvoy, who was killed by a young offender in a car crash on October 14, 2004. Two days before his criminal act caused her death, he was released from custody, although he was facing numerous charges. That is on the front page of the Nunn commission report.

Justice Nunn talks about specific problems within the Youth Criminal Justice Act. He talks about the gaps that exist. He also talks about, as I mentioned before, some of the very good parts of the legislation that today form the Youth Criminal Justice Act. He does not want to throw it all out. He wants to refine it to adjust to those circumstances.

I think we should look at the Nunn report. I have most of it here. It is quite a significant document. I suspect that most members of the House have had a chance to look at it. He says on page 169 in his summary of approach to recommendations:

It would be foolhardy to suggest that we can prevent all youth crime. However, we can prevent a great deal by reducing the causes, and we can control others by instituting programs and systems to cut down on further criminal activity by those already in the system.

I think that paragraph summarizes what Justice Nunn was about. When this report came back I think last December, it was highly acclaimed. It was significantly thought out. It brought in a whole variety of viewpoints. It talked about some very specific Nova Scotia problems in criminal justice, even down to fax machines that were not working, that things such as that can actually have an impact on criminal justice. The report talks about some of the improvements that can be made.

I recall the Minister of Justice being in Halifax I think before Parliament came back. He credited Justice Nunn with having put forward a good report and indicated he was going to move on that. The Minister of Justice is a person I take at his word and I think his intentions are entirely appropriate.

I do think that we are missing out a little bit on the front end. I also think we are missing out on the rehabilitation side. The summary of the bill, as members will know, is that it makes two specific amendments to the Youth Criminal Justice Act.

It adds deterrents and denunciation to the sentencing principles that a court must consider when determining a sentence for someone convicted under the Youth Criminal Justice Act. It facilitates the use of pre-trial detention in cases where a youth has committed a violent crime, has breached their current conditions of release, or has been charged with an indictable offence for which an adult would be liable to imprisonment for a term of more than two years, and has a history that indicates a pattern of findings of guilt.

We believe that using the Nunn report as an inspiration for federal legislation makes perfect sense. We also think that the report of Justice Nunn brought in a good balance. We think some of that balance is missing. We think perhaps we can do some work on it at committee. I certainly want to support in principle the legislation. I would also want to point out some of the recommendations in this rather lengthy Nunn commission report that were not followed.

Recommendation 11:

--that the federal government amend section 42(2)(m) of the federal Youth Criminal Justice Act to remove the time limits on the sentencing option for a court to require a young person to attend a non-residential community program--

Recommendation 20:

--that the federal government amend the “Declaration of Principle” in section 3 of the Youth Criminal Justice Act to add a clause indicating that protection of the public is one of the primary goals of the act.

Recommendation 21:

--that the federal government amend the definition of “violent offence”...of the Youth Criminal Justice Act to include conduct that endangers or is likely to endanger the life or safety of another person.

Recommendation 23:

--that the federal government amend and simplify the statutory provisions relating to the pre-trial detention of young persons so that section 29 will stand on its own without interaction with other statutes or other provisions of the Youth Criminal Justice Act.

Recommendation 24:

--that the federal government amend section 31(5)(a) of the Youth Criminal Justice Act so that if the designated “responsible person” is relieved of his or her obligations under a “responsible person undertaking” the young person’s undertaking made under section 31(3)(b)--

Recommendation 25:

--that the federal government amend section 31(6) of the Youth Criminal Justice Act to remove the requirement of a new bail hearing for the young person before being placed in pre-trial custody--

There have been varying opinions of the Youth Criminal Justice Act changes as in Bill C-25. There are some people who do not like it and I understand some of their concerns.

From Nova Scotia, Cecil Clarke, the minister of justice, who today is dealing with another circumstance which is the very sad death by taser in Nova Scotia yesterday, he has endorsed the legislation. Most provincial and territorial ministers of justice express support, certainly in principle, in some cases absolutely for the legislation.

We think that there is a lot of merit in Bill C-25. My concern is that this is a lengthy report and there is a lot of very important stuff in this that could be caught. I am not suggesting that the legislation needs to look quite like this, but the principle of the bill is not something that I think can be picked or chosen over. It has to be looked at, if we support this bill then I think we support it entirely. We do not have to have every single provision but there are very significant provisions that are not reflected in the legislation.

In closing, we need to act, as members of Parliament, on the concerns of our constituents. I fully and completely believe that there are aspects of the Youth Criminal Justice Act that are not currently providing security to families and individuals who live in Dartmouth—Cole Harbour.

I feel, as a member of Parliament, that it is my duty to do what I can to make sure that the Youth Criminal Justice Act is tightened up, so that it does not lose the very good intention of the act which is obviously that children need to be dealt with separately. But the children in our schools and in our streets who are doing everything that they can under the law of the land and with the best intention, it is simply not right to allow them to continue to be offended against by young offenders who have a history of offending.

I will support the bill going to committee. I hope that at committee strong members of the justice committee, certainly our strong members from the Liberal side, will be able to effect some change which will make the bill better when it comes back to the House for final consideration. But I will support this and I will vote for this to go to committee.