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

February 4th, 2008 / 1:40 p.m.
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Bloc

Claude Bachand Bloc Saint-Jean, QC

Mr. Speaker, I would like to congratulate my colleague from Sault Ste. Marie, whom I greatly admire. I think he represents a party that is on the left of the political spectrum, a bit like the Bloc Québécois.

I am surprised and a little disappointed that now, when the bill is at second reading, his party is saying that it will vote in favour of the bill and will try to amend it later. Canada's political left usually defends a social conscience. The bill before us today flies in the face of this social conscience by, for example, preventing young people from being rehabilitated. By treating them like adults and imprisoning them as a preventive measure, we are taking a tougher stance on young offenders. I find it difficult to understand how a party that is proud to represent the left could say that it will try to amend the bill. The solution would have been to do what the Bloc Québécois is doing and say that the bill is completely unacceptable and that the government must withdraw it.

I would like my colleague to explain how he can reconcile a party with a social conscience with a bill that, in my opinion, looks like something straight out of the American right wing.

Youth Criminal Justice ActGovernment Orders

February 4th, 2008 / 1:40 p.m.
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NDP

Tony Martin NDP Sault Ste. Marie, ON

Mr. Speaker, I appreciate the opportunity to clarify our position on this bill and our wanting to enter into further discussion about the appropriateness of this approach.

Normally it is at committee where we get the opportunity to roll up our sleeves and with other parties have that very frank and honest discussion with each other and bring forward amendments that we think might improve or make better what has been tabled.

As my colleague from Windsor—Tecumseh, the critic for our party, said earlier, we support the notion that judges should be allowed the discretion to impose pretrial restrictions on those who pose a serious threat to society. The sections dealing with pretrial detention maintain judicial discretion and simply entrench principles which are already being practised by most courts.

The sections of the bill dealing with sentencing principles are the most problematic. There is no evidence to suggest that the adult principles of deterrence and denunciation will have any positive outcome for public safety.

Furthermore, they shade the differences between adults and youth, something we as New Democrats, the courts and society do not sanction. We will seek to delete this section and introduce an amendment which would require judges to take into account the concept of the protection of society as the sentencing principle.

Youth Criminal Justice ActGovernment Orders

February 4th, 2008 / 1:40 p.m.
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Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, I appreciate the member's thoughtful speech. He asked for an opportunity to discuss more positive solutions to reduce youth crime. I will give him that opportunity now to elaborate on those.

There was a very thorough study regarding the bill before us done by the Nunn commission. Instead of bringing forward most of the recommendations, a majority of them were ignored and the Conservatives brought in the element that, as the hon. member said, has proven not to work.

The discussion today and this week will be generally on the failures of the government to reduce crime. Most of the members who spoke today suggested alternatives. The member is quite familiar with alternative sentencing. There was a wonderful session in Ottawa a month or so ago on alternative sentencing. It was a great group which showed how effective it was. The government tried to get rid of a lot of that. It is one of the few success stories for youth.

There was no answer on how to reduce the aboriginal presence in the justice system, which is far too great.

Youth Criminal Justice ActGovernment Orders

February 4th, 2008 / 1:45 p.m.
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NDP

Tony Martin NDP Sault Ste. Marie, ON

Mr. Speaker, I do want to respond ever so briefly to the member. Yes, all kinds of different, creative and successful approaches have been tried in other jurisdictions. We need to look at them as well.

From my own background, I did a lot of work with youth before I got into politics in 1990. I explored approaches like restorative justice, community development, investing in community facilities so that young people have a place to go to hang out and to do some constructive things. There are a million different ways we can deal with this.

I know there is a problem. When we pick up the paper and read of another shooting in one of our big cities, we all become that much more concerned and afraid that perhaps this phenomenon is taking over, but it is not.

There are responses that we could bring to this that would be more constructive and successful in the long run.

Youth Criminal Justice ActGovernment Orders

February 4th, 2008 / 1:45 p.m.
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Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Mr. Speaker, I am pleased to address the House on the subject of Bill C-25, which we are debating today.

The Bloc Québécois is totally opposed to this legislation which, once again, is on the wrong track, because it is focusing on repression rather than prevention and rehabilitation. In this regard, it is sad to see a party such as the NDP, which claims to be progressive and which presents itself as such, support the government when it is pushing the Canadian justice system along the path taken by George Bush in the United States.

When I was preparing my presentation, I entitled it “Illusion and Hypocrisy”, because this is what the bill is about. On the one hand, it creates the illusion of increased safety, the illusion that this legislation will solve problems when it is obviously not the case—as can be shown by the statistics. On the other hand, it is also tainted with hypocrisy, because while this government pretends to target crime, it facilitates the use of all kinds of firearms. One wonders about the logic of imposing harsher sentences for the crime, while allowing a larger number of firearms to circulate. It is hard to see any consistency here. My presentation is going to deal with these two issues.

I begin with the illusion aspect. This government, with the support of the NDP, is presenting a whole philosophy based on repression. Under this approach, sentences will be increasingly stiffer and harsher to help reduce crime. However, that will not work.

Why? Because if we put ourselves in the shoes of a criminal, potential criminal or young offender, we realize that the fear of getting caught is a much more effective deterrent than the length of the sentence. Most criminals commit crimes because they are convinced that they will not get caught. If they thought that they were going to get caught, they would try to find other crimes they think they would get away with. That is true for murders, rapes, robberies and any other crime. A criminal never calls the police before committing his crime. He does his deed because he is sure that he will get away with it. He has confidence in himself.

If we want to make a real effort to reduce crime, we must focus our effort on the means at our disposal to catch criminals. They need to know that they will be caught. Of course, that requires money. It is more difficult and demanding than simply passing legislation, but it is a lot more effective.

The perfect example of the principle of deterrence is capital punishment. In the United States, several states use capital punishment. Everyone will agree that it is the ultimate punishment. One cannot imagine a harsher sentence than capital punishment. And yet, in the United States and in several other countries that use capital punishment, the results are unconvincing. Crime rates in the United States are three times higher than in Canada and four times higher than in Quebec. Following the same logic, we would have to find something even more horrible than capital punishment to deter people from committing crimes. Obviously this does not work because this is not what motivates people.

The Quebec model proves that the present government's repressive approach, supported by the NDP, is not the right way to go for Quebec and probably not for Canada either. In Quebec, measures focused on prevention and rehabilitation are yielding results. Indeed, Quebec has better statistics than the rest of Canada for all crime indicators. There is no denying it, the figures speak for themselves.

And we must not forget, particularly in the case of young offenders, that it is all well and good to send them to prison, but is that not the best crime school?

Consider, for example, a young offender who, early on in life, takes a wrong turn and commits minor offences. To send that person to prison with serious offenders, real criminals—is that not the best way to ensure that he or she becomes a hardened criminal? There is something illogical and ineffective about this approach. It would be a much better idea to keep him or her away from criminals doing time in prisons and find ways to encourage rehabilitation.

This bill creates an illusion and will produce no concrete results in terms of reducing crime. Furthermore, this bill is very hypocritical. While this government, supported by the NDP, introduces bills in this House to give the illusion that it is resolving the problem, it is diminishing the gun registry. Since the beginning, it has been trying to weaken the registry to make it less and less effective, less and less relevant. This government pretends to be tough on crime, yet it allows weapons to circulate indiscriminately and would eliminate an extremely useful tool for the police.

Obviously, the gun registry is not perfect. It does not prevent all crimes, but it can help prevent some crimes, as we have seen. It can also help the police when it comes time to go to the scene of a tragedy or hostage taking. It can tell them if there is a weapon on the premises where such an incident is taking place.

Of course, some people plan their crimes, committing premeditated murder, for example. Clearly, those people would not register their weapons before committing such crimes. However, there is another category of murders, those that are more passionate, impulsive, less calculated. In such cases, those people might use guns they have in their homes to commit those crimes. Thus, it would be useful for the police to know what weapons are on the scene.

The registry is relevant. All police forces and stakeholders in Quebec want it to be maintained. Yet, the government is doing everything it can to weaken it.

Recently, we had another example of this government's hypocrisy in a related matter, firearms marking. Regulations to this effect are to be implemented enabling the police to trace the owners of firearms left at the scene of a crime. There is consensus on these regulations. It is something that all police forces are asking for. Yet the government has again delayed implementation of these regulations. It makes you wonder who this government is defending by delaying the implementation of the firearms marking policy.

While nothing is being done to truly prevent crime, they are creating the illusion of attacking the problem by developing an increasingly repressive system. It is not surprising to see the Conservatives, the allies of the United States and of George Bush in particular, adopting this repressive approach. However, it is surprising that the NDP, which claims to be a progressive party, has allied itself with the government and its ways of repression. I am quite disappointed. I hope that the NDP members will come to their senses and that this House will defeat this bill, which is nothing but illusion and hypocrisy.

Youth Criminal Justice ActGovernment Orders

February 4th, 2008 / 1:55 p.m.
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NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, I agree with my colleague across the way from the Bloc that in many cases if we look at individual communities we may find answers to some of the problems that are associated with youth crime.

I want to highlight one briefly. It is the community of Déline in the Northwest Territories which has a population of 800 aboriginal people, a community much like many of our other aboriginal communities across the Northwest Territories. The exception is that it has not had a young offender charge for a period of five years.

Why is that? It is because the community has taken hold very carefully of the young people in the community to provide them with the kind of mentoring in sport, school and activities in the community which brings the young people together. It emphasizes as well bringing back the basic family traits, bringing the elders in with the young people and putting them out in camps on the land.

These things all bring results. This suggests to me that most of the problems inherent in youth crime are focused on the society. Is this not the case? Is this not what the member's observation intended?

Youth Criminal Justice ActGovernment Orders

February 4th, 2008 / 1:55 p.m.
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Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Mr. Speaker, indeed, crime is rooted in well-known societal problems: poverty, the difficulties experienced by youth in taking their place in society, and violence that is passed down through generations. Therefore, this House must attack these problems as well as those of poverty and violence. This House must not waste its time studying this bill, which gives the illusion of security but which focuses on repression and is hypocritical. The NDP should not support it. We must deal with the real issues right away.

The House resumed consideration of the motion that Bill C-25, An Act to amend the Youth Criminal Justice Act, be read the second time and referred to a committee, and of the motion that this question be now put.

Youth Criminal Justice ActGovernment Orders

February 4th, 2008 / 3:25 p.m.
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NDP

Judy Wasylycia-Leis NDP Winnipeg North, MB

Mr. Speaker, first, I am delighted to be able to spend a few minutes addressing some concerns and viewpoints with respect to Bill C-25, a bill which seeks to make some changes pertaining to our youth criminal justice system.

Second, I want to say to the Conservatives to stop playing games and to stop making this issue into one that is a political football instead of getting down to work and making serious attempts at finding reasonable solutions based on the input of all parliamentarians.

I for one find it rather curious that the government has just now brought in a couple of small changes to our youth justice system. It has merely tinkered with it and has not made the big overhaul that the government claims to the public that it has done, and to which we apparently are already in opposition. I would suggest to the Conservatives that if they want a serious debate and if they want to craft the best legislation possible, they ought not to be suggesting that they have already introduced a massive overhaul of the Youth Criminal Justice Act and that the NDP is already in opposition and therefore we are not prepared to sit down and deal with some of the tough problems that we all know are confronting us. I find that offensive and I wish they would stop.

What we are dealing with today is a very small piece of legislation, a couple of changes, hardly that which the Conservatives promised, hardly that which we have asked for, hardly that which provincial governments have asked for. In fact, I want to reference the significant work by the Manitoba NDP government in trying to get the federal government to make some real changes that would make a difference to some of the serious situations we are dealing with.

There is nothing in this legislation that actually deals with car theft and the use of cars as a weapon by young people. Gary Doer and the Manitoba NDP government were here in Ottawa trying to persuade this government to make some changes in that regard, particularly providing stronger penalties for youth involved in serious crimes, especially those involving auto theft. The Manitoba government and Gary Doer were here calling for first degree murder charges for gang related homicides. The Manitoba government and Gary Doer were here calling for the classification of auto theft as an indictable violent offence. They also were here calling for making shooting at a building and drive-by shootings indictable offences.

Are any of those in the bill? Are any of those in any legislation around us? No, we are still dealing with a government that is creating an illusion of being tough on this issue but basically is doing very little. I would suggest that we try to make this legislation into a much more substantive piece that in fact would get at the root of the problem, that does not tinker at the edges but in fact makes a real difference.

My colleague from Windsor, our justice critic, has already made clear remarks on record suggesting what this bill is and where there are problems. He talks about the move toward deterrence, when in fact there is little recognition sometimes among young people about even the punishments that are associated with the crime at hand. He talks about the question of pretrial release and the fact that this is very seldom used today.

We know that this bill misses the main point. What we do need is some tough legislation to deal with some very serious problems. Let me say that there is no shortage of examples around the hardship that is caused in our communities by young people who have used a car as a weapon, or engaged in other violent crimes.

For the record, I want to send condolences again to three families that have been through this in a very difficult way over the past six months. They of course are no secret to members of the House and are well known in the media. They are pretty horrific cases. Rachelle Leost, who had three young kids, was actually on her way to work when she was hit by a young driver who had stolen a car. She was killed. We also want to recognize Erin Pawlowski, a 35-year-old man who was viciously beaten on his way home from work, who later died from his injuries. We do not know for sure if the offenders were young offenders, but there certainly is that possibility. Finally, Mr. James Duane died while riding his bicycle. He was hit by a stolen car driven by a young person at the corner of Burrows and McGregor in my constituency of Winnipeg North. Those are three horrific crimes that involved, we believe, young people and therefore need to be addressed in this legislation.

These incidents and others like them are by no means to suggest that we are seeing a sudden rise in youth crime. There are no statistics to support such a statement. Nor can we say, as many have tried to suggest, that areas like Winnipeg North and the inner cities and north ends of our cities are hotbeds for youth crime. The problems we are dealing with are everywhere. They are not isolated in my constituency. They are not isolated in certain populations. They happen because our society has not done all it could and governments have not all they could to stop the incidence of crime by looking at the root causes and working at early stages to try to stop these incidents from happening in the first place.

I want to reference a few of the people in my constituency who are working daily trying to deal with youth crime. They need the support of government, but they still really are not getting the acknowledgement nor the financial support from the federal government that they deserve.

In my own constituency, in Point Douglas, which is probably the poorest neighbourhood in all of Canada, there is a group of citizens who have decided to take matters into their own hands with the support of the provincial government to call for a crack free zone. They are trying to identify crack dealers and crack houses and report them and make sure that those houses are shut down. Under the Manitoba legislation, we have innovative provisions for doing just that, something that should be replicated across the country.

We have in that very same neighbourhood citizens working on unslumming the neighbourhood, not gentrification, but unslumming. They are working with housing groups and local organizations to repair and renovate houses, to try to get rid of those who want to abuse their privileges and make our neighbourhoods into drug zones and areas of high crime and violence.

We have just had reports in Winnipeg about another group, the ambassadors for the North End. They are a group of young people who actually patrol the streets around Selkirk Avenue and neighbouring areas to try to prevent the incidence of crime. They are getting support from the provincial government. They need to be recognized by the federal government.

We have many youth at risk programs. We have the North Point Douglas Women's Centre, the North End Women's Centre. We have the North End Community Renewal Corporation. All of these organizations believe in working together to try to get at the root causes of youth crime.

That is best said when we look at some of the people who have written about what it means to live in poverty, and not in a functional family, without access to supports or employment. Here is one example, a piece written by Rhian Brynjolson in my riding. She said this:

One very young boy recently drew me picture. In it a boy is looking in the mirror. The image in the mirror is a boy with horns and a devil's tail. “The boy is wondering if he is going to be a bad guy when he grows up”, he explained. I looked at the boy, knowing of the abusive situation he had survived, and I wondered too.

That is one example. Let me give one more. This one is written by Christine Burrows, who is actually a retired kindergarten teacher and coordinator of the Point Douglas community safety team. She talks about what it is like to be without proper supports:

Since you are not travelling around in a car, you're just hanging around your immediate neighbourhood, so you never see those signs in stores and outside factories saying “Help wanted”.

The whole idea of finding a job is difficult and daunting, so you just hang out on the street and couch-surf.

Then one day a drive-by recruitment car stops to talk to you. They don't care about your school record, there are no forms to fill in, they offer you a job, you can do the job, it doesn't mean getting up early and you can keep your hoodie on. Perfect! The pay is pretty good and it's illegal, but hey, it's not just like a few relatives haven't been in the slammer from time to time, no big deal. Besides, you won't get caught.

You are now a drug dealer's mule, you carry illegal narcotics for the man, you run stuff from one place to another, you're a success, cash in your pocket and you can wear a tough attitude.

I could go on with many more examples. I could talk about the fact that in Winnipeg, we know that many of the youth who commit crimes are actually FASD victims. They have fetal alcohol syndrome disorder, a neurological disorder for which they cannot always account for their actions. Yet we have a government that refuses to put in place proper programs for FASD, nor is it prepared to support our motion to put labels on alcohol beverage containers warning women that they should not drink during pregnancy.

All kinds of things can be done. I would urge the government to begin to look seriously at this problem, not as window dressing, and stop making victims out of our young people who really have every reason to want to contribute to our society if given half a chance.

Youth Criminal Justice ActGovernment Orders

February 4th, 2008 / 3:35 p.m.
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Bloc

Yves Lessard Bloc Chambly—Borduas, QC

Mr. Speaker, the members of the Bloc Québécois are rather surprised by the NDP's position on Bill C-25.

If I understand correctly, some members want to ensure that the bill passes second reading. However, all the arguments presented would normally lead us to believe that the NDP will vote against it. Why? Because the very foundation of this bill goes against the principles defended by the NDP. Its foundation is one of repression. They are supporting the repression of young people and adolescents, while what seems to be working so far is guidance as a means of prevention.

For example, the United States still has the death penalty for the most serious crimes. We all know what kind of results that produces. The crime rate is three times lower in Canada and four times lower in Quebec. Why? Because the strategy established by both governments, the policy maintained, is one of prevention. In Quebec, that policy is even more energetically applied.

How can the NDP now justify its position, which favours repression over prevention?

Youth Criminal Justice ActGovernment Orders

February 4th, 2008 / 3:35 p.m.
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NDP

Judy Wasylycia-Leis NDP Winnipeg North, MB

Mr. Speaker, I thank my hon. Bloc colleague for his question. I would like to reply in English, since it is a very complex question.

I want to say for the member and everyone in the House, as I tried to in my speech, that what we find most reprehensible about this legislation is what is not in it and the lost opportunity to deal with what is required when it comes to youth crime. We have always said that there must be proper emphasis on prevention, protection and punishment.

The NDP is prepared to send the bill to committee because it needs to be enhanced. What is in it is very insignificant and problematic. There needs to be more reflection on what is there and changes made.

I want to specifically reference the two parts of the bill that my colleague from Windsor has already addressed. The first is the question about youth being released pretrial. My colleague has already said that in most cases, particularly heinous crimes, that kind of pretrial release does not often happen. Some judges are still involved in pretrial releases. The proposed bill will help clarify that situation and ensure there are clear provisions when a youth crime is heinous and serious enough that it requires more stringent action than is normally the case.

The other part of the bill deals with the issue of denunciation and deterrence. As my colleague from Windsor has also said, we need to try to understand whether that section of the bill would help in any way the young people who would be involved in the most serious and egregious of crimes when it comes to destruction of property and dismemberment or the deaths of individuals.

We know deterrence may not be that useful for some young people because they do not recognize the punishment or they never stop to think about the implications of their crimes. However, when we look at the most heinous of crimes, we also have to think about how we get youth to deal with what they have done and understand that there are significant punishments for those very serious crimes. We cannot ignore that end of the equation. Maybe the Bloc sees that we can but I do not think so.

The bill is not perfect. What we suggest is get it to committee, hear from witnesses to find out what the couple of limited provisions do and would mean and find ways to enhance the bill to make it more effective legislation that truly gives our legislators the kinds of tools they need to make a difference.

I mentioned some of them already. I mentioned the Manitoba government's presentation to members of Parliament, who are trying to deal particularly with the use of cars by youth as weapons. I mentioned three horrible deaths, a young mother, a young man and a working age man. They were killed in the prime of their lives because of that kind of incident. We know we have to stop it. We have to be strong on this. At least with the bill going to committee we can get somewhere—

Youth Criminal Justice ActGovernment Orders

February 4th, 2008 / 3:40 p.m.
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Conservative

The Acting Speaker Conservative Andrew Scheer

Resuming debate, the hon. member for Chambly—Borduas.

Youth Criminal Justice ActGovernment Orders

February 4th, 2008 / 3:40 p.m.
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Bloc

Yves Lessard Bloc Chambly—Borduas, QC

Mr. Speaker, I am particularly glad to join in the discussion of this bill because it gives me an opportunity to highlight the rather exceptional guidance and prevention work being done by many organizations in our society and in Quebec with young people. In my own riding of Chambly—Borduas and in the city of Chambly itself, the organization known as POSA has had a remarkable impact and is doing the most exemplary work with young people.

In this type of debate, we need to think about the other stakeholders in our society who are helping young people to find direction in their lives. Often, these are young people who have nothing to do.

I want to come back to the latest remarks of my New Democratic colleague. She said that what is of greatest concern about the bill is what is not in it. That astounds me because what should concern us most of all is what the bill actually says. There are two things the bill says. First, exemplary sentences are needed to deal with youth crime. That means from now on we will be using an approach that is currently reserved for adults. I will come back to that point. Second, pre-trial detention will be permitted. It is rather troubling that a young person, a teenager, would have to prove that he or she is not a danger to society even before a trial begins. That is rather troubling because it is a presumption that the teenager could be guilty.

In court, it often happens that a person is not found guilty of the crime that he or she has been charged with. This means that even before the trial takes place, if a person does not want to be imprisoned as a preventive measure, he or she must demonstrate to some degree that they did not commit that crime. People will say that is not how it is going to happen. The person need only demonstrate that he or she is not a danger to society. However, if a serious crime has been committed and the person was not involved in the crime, he or she will have to show that they were not involved.

Already, we are focusing on evidence that should be presented during a trial. There is something perverse in that; something that implies in some way that the presumption of innocence no longer applies at the first stage when we are dealing with young people. That is sometimes understandable when we are looking at measures that apply to adults because an adult may have a criminal background suggesting that he or she could re-offend or represent a danger to society based on previous evidence or charges brought before the courts.

This is the approach as things now stand and the NDP is aligning itself with that approach. That the New Democrats would take such a position surprises me a great deal. As for the Conservatives, not much about their take on crime surprises us. They are not very interested in prevention. Repression is the focus and if they can make the penalties tougher all around they will do so.

This approach also flies in the face of the youth crime policies that have been in place in Quebec for more than 30 years. These prevention-based policies have proven themselves. As I said earlier when I asked my colleague a question, the current system in Quebec, with its focus on prevention, has led to a significant reduction in youth crime. As a result, there are four times fewer criminal cases in Quebec than in the United States and 25% fewer than in Canada.

Canada as a whole has three times fewer criminal cases than the United States. Yet the Conservatives are copying the American model. We know the result. The heaviest U.S. penalties are still banned here, such as the death penalty, which cannot even produce such results.

What is most important? To turn these young people into criminals and set them on a course that will inevitably lead to the same situation as in the United States? That will multiply the number of criminals once these young people are adults.

Quebec is not in favour of that. Not only is the Bloc Québécois opposed to that, but in 2003, the National Assembly of Quebec unanimously passed a motion to maintain the system in Quebec.

In addition, the measures proposed in clauses 1 and 2 of Bill C-25 are not insignificant. They run counter to a whole philosophy of Canadian law. The Supreme Court summarized the principles behind youth sentencing in this way in a 2006 judgment:

The YCJA introduced a new sentencing regime, and its wording can only support the conclusion that Parliament deliberately excluded general deterrence as a factor of youth sentencing. By virtue of section 50(1) of the YCJA, the provisions of the Criminal Code on sentencing, save certain listed exceptions, do not apply to youth sentencing.

They do apply to adult sentencing. I could go on since my point is proven many times in this Supreme Court ruling.

What is happening today is not routine or unimportant. This principle will be changed. The sentence imposed on a youth will from now on be imposed as a deterrent the same way it is for a hardened adult criminal. However, experience shows that if we take that route we will keep turning out more criminals, and hardened ones at that.

I again invite our colleagues in the House of Commons to vote with us on this bill, including at second reading, so that we do not sanction this principle here in the House of Commons. This is not theory. This is not a Conservative philosophy that should prevail here. This is not the Canadian tradition of justice, nor is it Quebec's tradition, far from it.

Our colleagues would be making a serious mistake by voting in favour of this bill, including at second reading.

We believe the amendment made to the legislation in 2001 was a mistake because it created an opening for excessive court handling of youth crime. This has considerably complicated the reintegration of young offenders.

The focus here should be on providing guidance for these young people, prevention measures, and funding for agencies like POSA, in my riding, as I was saying earlier. That is our position. That is why we will vote against this bill.

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February 4th, 2008 / 3:50 p.m.
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Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Mr. Speaker, I wish to congratulate my colleague from Chambly—Borduas on his very clear and truly fundamental presentation.

I take this opportunity to ask the member if he could elaborate on those organizations dedicated to helping young people in his riding, like others across Quebec. Could he tell this House whether most of the help is provided in the street, in big buildings, in schools or elsewhere? Where does it take place?

I think that a great deal of prevention has been carried out in Quebec. Quebec could be taken as a model, and inspiration could be drawn from our experience.

I would very much like our colleague to elaborate on that.

Youth Criminal Justice ActGovernment Orders

February 4th, 2008 / 3:50 p.m.
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Bloc

Yves Lessard Bloc Chambly—Borduas, QC

Mr. Speaker, I thank my colleague from Brome—Missisquoi who, by the way, is doing a great job on the whole issue of social housing.

I wanted to mention it because the issue of housing is not extraneous to crime. In fact, as has been said, faced with poverty, individuals have to deal with a whole set of factors, such as inadequate housing that is too expensive and the lack of affordable housing.

Employment insurance is part of the problem. In fact, 60% of the unemployed do not receive any employment insurance benefits. This situation leads to impoverishment and young people with nothing to do. When parents are poor, children are poor also.

My colleague is quite right. Various measures are being taken in my riding. Cities are hiring street workers; this was unprecedented in semi-urban or rural ridings. It is now part of our reality.

I was speaking earlier about the organization POSA. With limited means, these people are able to rent a small space where they create tools for youth who they find in parks and in the street, and some of whom have already committed petty crimes, as is often the case. They get them interested in, for example, the arts, trades or different aspects of life. They try to reintegrate youth by helping them to identify their interests. Every young person has an interest and help is available. They do extraordinary work. They could show us how to work with these young people.