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 / 11 a.m.
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Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Mr. Speaker, I thank the minister for his comments.

I completely approve the first part of what he said. Clearly, detention pending sentencing poses a problem. We are in favour of detention if a young offender commits a new offence after serving a sentence.

We also agree with the second part of what he said: protecting the public is crucial.

Why do the Minister of Justice and the whole Conservative team not take into account the recommendations made by Judge Nunn and amend section 3 with a view to simply protecting the public?

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 11 a.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I think most members of the House would agree that appropriate enforcement and punishment is very necessary, but we also know that significant work has been done which shows punishment is not enough.

The MacGuigan subcommittee stated:

Society has spent millions of dollars over the years to create and maintain the proven failure of prisons. Incarceration has failed in its two essential purposes—correcting the offender and providing permanent protection to society. The recidivist rate of up to 80 percent is evidence of both.

Could the member comment on the fact that the Conservative government has not seen fit to invest in youth, in terms of looking at closing the poverty gap, adequate housing, education programs and drug treatment centres?

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 11:05 a.m.
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Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Mr. Speaker, clearly we heard today from the member for Kitchener—Conestoga that all is well, that a huge announcement has been made, that he will support the objectives of families and youth, that it will be full of intervention and that there will be a head start on every corner. I guess all our problems are solved.

Lest people did not get my thin wedge of sarcasm, the problem with the government is it does not invest the money it announces. We are still waiting for police officers. A thousand RCMP officers were promised, but we know the RCMP is a thousand people behind in its recruiting.

I agree with the member when she talks about other concepts like restorative justice, which is about ensuring a community is not divided. To reduce crime to make communities safer, a community must be willing to do the work required to solve the problem together.

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 11:05 a.m.
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Conservative

Maurice Vellacott Conservative Saskatoon—Wanuskewin, SK

Mr. Speaker, as the member opposite has made reference frequently to the Nunn Commission, I will ask him specifically on a matter that he skirted around, when asked by my colleague just moments ago.

As the member opposite knows, in December 2006 the Nova Scotia Nunn Commission of Inquiry expressed concern that pre-trial detention provisions under the Youth Criminal Justice Act were too restrictive, making it very difficult to detain young persons who pose a risk to public safety.

As the member also knows, the changes before us today, the proposed amendments to the YCJA in the area of pre-trial detention, will make it easier to detain before trial a broader range of young persons who pose a risk to public safety. This would include those who have committed an offence that creates a danger of causing serious bodily harm or who have breached previous conditions of release.

Could the member respond to that? Does he not at least agree that this then follows through with respect to the Nunn Commission and that we have now a serious amendment to take into account the suggestion from the commission with respect to detaining young persons who pose a risk to public safety?

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 11:05 a.m.
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Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

I want to apologize, Mr. Speaker, to the member, to the House and to the viewing public. Perhaps I was not clear when I said, three times, that we agree to the first part of the bill. The recommendations regarding detention and ensuring that the presumption against detention should be removed in three very serious cases, as outlined in the first part of Bill C-25 and as recommended by the Nunn Commission. We feel very good about those amendments and will work to ensure they pass through the committee.

However, it does not explain why the government imported all the concepts of the Criminal Code with respect to the sentencing principles. The minister seemed unsure yesterday about whether proportionality, which is the key pillar of sentencing in section 718.1 of the Criminal Code, is still a key pillar in section 38(2) of the Youth Criminal Justice Act.

We will see where the government goes on this. I am worried that we are turning youth criminal justice into Criminal Code governance. If that is the case, the government should be clear on it.

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 11:05 a.m.
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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, I thought the speech of the hon. member was excellent.

I want to ask him a very technical question about the section we agree with; that is the first part of the bill about detention. There is a presumption against detention unless it is a violent offence or failing to comply with non-custodial sentences.

The third part of the bill is about findings of guilt. In other words:

—the young person is 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 under this Act or the Young Offenders Act...

Yet Justice Nunn talks about not just a necessary pattern of findings of guilt, but a pattern of offences.

Could the hon. member comment on that? It seems that Justice Nunn is asking for a more rigorous standard. In effect he is saying if an individual has a whole string of offences, not necessarily findings of guilt, that should be taken into consideration.

I am interested in the hon. member's comments on whether there is some significant difference between those two concepts. If so, should that be subject to potential amendment?

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 11:10 a.m.
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Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Mr. Speaker, that is the hardest question. We do not often expect the most difficult question to come from our own side, but it was an excellent question nonetheless.

Justice Nunn made it very clear that patterns of findings of guilt might catch young offenders on a rapid crime spree and better wording might be a pattern of offences, or similar wording. However, I think this is something that can be fixed at committee. It is wholly within the scope of the bill.

We will take the member's comments to committee and work on them there.

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 11:10 a.m.
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Conservative

Mike Lake Conservative Edmonton—Mill Woods—Beaumont, AB

Mr. Speaker, to start, I would like to recognize some families from the Edmonton area that banded together on this important area of youth justice: the families of Dylan McGillis, Shane Rolston, Nina Courtepatte and Josh Hunt, all of whom lost their lives as a result of the actions of other youth in the last couple of years.

These families are part of a club of which none of us would ever want to be a part. Yet because of the way they have chosen to respond, it is the most important club of which they could ever be a part.

We cannot listen to the stories of parents without feeling compelled to act. Because of the tireless efforts they have made, and the efforts of other parents across the country, Canadians are paying much more attention to the issue of youth justice.

We cannot also listen to these parents without feeling compelled to ensure we say an extra “I love you” to our own kids before they go to bed at night. To these families, and on behalf of all Canadian parents, I thank them for not hiding their pain. I thank them for stepping out of their comfort zones and for using their grief, not as a weapon but as a motivation to ensure that other parents do not have to go through what they have gone through.

For almost 100 years, Canada has provided separate laws and procedures applicable to youth who commit crimes. The crimes themselves range from ill-conceived pranks to acts of incomprehensible violence. The alleged offender can be the child next door or a nearly adult gun-carrying gang member with a significant criminal record. The law must provide a wide range of responses to adequately hold them all appropriately accountable for the offences they commit. The sentences must be consistent with their degree of responsibility and, more important, in a manner that protects the public.

Since the Youth Criminal Justice Act came into force almost five years ago, there has been a steady decline in the number of young people charged with offences and winding up in custody. Some argue that the de-incarceration of youth has gone too far. Some believe that youth who pose a threat to the public have not ended up behind bars when they should and therefore more must be done to ensure that violent young offenders receive custodial sentences.

The government is committed to protecting communities and tackling crime committed by adolescents. In the October 16 Speech from the Throne, “Strong Leadership. A Better Canada”, our government vowed to strengthen the Youth Criminal Justice Act to ensure that young offenders who committed serious crimes were held accountable.

Bill C-25 begins the promised strengthening of our youth justice laws. The bill focuses on deterrence, denunciation and detention. Those familiar with sentencing principles for adults know that denunciation and deterrence are sentencing principles contained in the Criminal Code. It is important that society's degree of abhorrence for an offence be reflected in the severity of the penalty so the offender's conduct is denounced. Moreover, we want the penalty to send a message of deterrence to the offender and to others.

The quantum of the sentence should signal to the offender that he or she ought not commit further offences. This is known as specific deterrence. The penalty should also signal to others that they ought not to commit such offences. This is known as general deterrence.

The Youth Criminal Justice Act in its present form does not include deterrence or denunciation among its sentencing principles. The Supreme Court of Canada recently confirmed that those principles should not be read into the act, and this was an express choice made by parliamentarians.

Our government is now asking Parliament to reconsider and to make these important sentencing principles apply to youth as well as adults. The Minister of Justice has confirmed today in the House that attorneys general from across the country support these amendments. I believe these sentencing provisions will encourage the public to have greater confidence in the youth justice system, by allowing judges to apply fair and proportionate sentences that reflect these principles. This has been a part of the government's agenda for some time and we are pleased to support these proposed reforms to the sentencing principles.

Another area of the Youth Criminal Justice Act requiring immediate amendment are provisions relating to pre-trial detention of those youth who pose a danger to the public. The Nunn Commission and others have raised concerns about the adequacy of the existing provisions to deal with potentially dangerous youth who may not have a serious record but are “spinning out of control” and may well cause harm to someone prior to their trials.

The Minister of Justice spoke earlier today about the tragic death of Theresa McEvoy in Nova Scotia, a death that has sparked the Nova Scotia government to do something about out of control and dangerous youth. As the justice minister mentioned, Nova Scotia has been working hard to implement changes in its youth justice system based on the recommendations of the Nunn Commission. Some of those recommendations include lobbying the federal government for changes to the Youth Criminal Justice Act in relation to pre-trial detention provisions.

Bill C-25 is evidence that the justice minister has listened to the people of Nova Scotia and Manitoba as well. In late September the justice minister met with a delegation from Manitoba, including Manitoba justice minister Dave Chomiak, and various Manitoba police and community representatives.

The delegation brought to the minister's attention five justice issues of critical importance to the people of Manitoba. Topping the list was the issue of auto theft as Manitoba has been experiencing an explosion in joyriding and car theft by troubled and out of control teens.

The list also included toughening penalties for youth involved in serious crimes, especially motor vehicle theft. The justice minister has been listening to concerns expressed all across this country and has responded to them.

The amendments proposed today are only the beginning of a larger process of reform in this area that will hopefully do justice to the thoughtful advice received from important stakeholders in the youth justice system over the summer and fall. The longer term reform process will further strengthen and clarify the youth justice system.

I believe there is a shared imperative in all parts of this country to detain youth who pose a danger prior to their trials. The proposals in Bill C-25 are measured responses, which empower the courts to detain dangerous youth regardless of their alleged offence or criminal history.

Courts can look at all relevant factors when assessing that detention is needed, including outstanding charges that might indicate a youth is spinning out of control and posing a danger. These proposals address the concerns raised through Nova Scotia's Nunn commission and will lead to safer communities.

Canadians know all too well that people at risk can adopt a criminal lifestyle and engage in the violence and drug use that go along with that lifestyle more often than not. They want young people who commit violent crimes and threaten communities to be given sentences that reflect the seriousness of their crimes.

These communities want us to do something to prevent young people from committing these violent crimes.

It is more than evident from this government's crime agenda that we on this side of the House take the safety of Canadians extremely seriously. We fully recognize that it is important to be vigilant in safeguarding the fairness and effectiveness of our justice system, but it is equally important, if not more important, to ensure that the fundamental principle of our justice system is the protection of society.

I applaud the justice minister's announcement that this government will launch a comprehensive review of the Youth Criminal Justice Act in 2008. I understand that the review is specifically being done to address concerns and criticisms regarding various provisions and principles of the Youth Criminal Justice Act and to ensure that our youth criminal justice system fairly and effectively holds young offenders accountable for criminal conduct.

I urge my fellow parliamentarians to support Bill C-25, which proposes amendments to the pre-trial detention provisions and adds deterrence and denunciation as sentencing principles under the Youth Criminal Justice Act.

In my opinion, these amendments will strengthen our youth justice system, allay public concerns that dangerous youth are not being dealt with appropriately, and result in safer communities.

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 11:20 a.m.
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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, I appreciate that the hon. member was quoting favourably from the Nunn commission report, but he seems to want to pick and choose. This is a fairly innocuous bill, the first section of which is generally agreed on by pretty well everyone and the second of which will have a little more controversy.

What I want to know from the hon. member is why his government, which prides itself on getting it done, does not actually take the comprehensive approach by Justice Nunn and incorporate the recommendations into a bill.

Recommendation 20 states:

--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.

Why does this bill not have that in it?

Recommendation 21 states:

--amend the definition of “violent offence” in section 39(1)(a) of the Youth Criminal Justice Act to include conduct that endangers or is likely to endanger the life or safety of another person.

Why is that not here? It was suggested that there be a change from “patterns of findings of guilt” to “patterns of offences”. Again, why is that not here for the issue of appropriateness of pre-trial detention?

There were other recommendations with respect to responsible persons and all that sort of stuff.

Why not simply take Justice Nunn's recommendations, incorporate them into the bill, and put them before the House instead of this cheesy exercise of dropping one little section at a time? One has to start to think that there is some sort of public relations exercise going on, which is far more important in the eyes of the government than actually doing the job properly.

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 11:20 a.m.
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Conservative

Mike Lake Conservative Edmonton—Mill Woods—Beaumont, AB

Mr. Speaker, as the hon. member knows and as I mentioned in my speech, the justice minister has indicated that there will be a further review of the Youth Criminal Justice Act in 2008.

In response to the comments of the previous speaker who talked about the fact that he liked the stuff at the beginning of the bill, but that he did not like the second part of the bill, I would speak to the fact that this bill is referring to young offenders who have committed serious and violent crimes. They are dangerous to society.

I find his comments unacceptable. He talks about cheesy. I would say what is cheesy is the Liberal attempt, since the election of 2006, to consistently delay and obstruct virtually every piece of crime legislation that comes before the House.

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 11:20 a.m.
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Portage—Lisgar Manitoba

Conservative

Brian Pallister ConservativeParliamentary Secretary to the Minister of International Trade and to the Minister of International Cooperation

Mr. Speaker, I want to congratulate the member for Edmonton—Mill Woods—Beaumont for his speech and for his efforts in the French language as well. He deserves our encouragement.

I must take exception, while I have the chance, to the reference made by the member for Scarborough—Guildwood and using the phrase “doing the job properly”. The previous government had 13 years to do the job properly. It stood quietly by while circumstances got worse in respect of juvenile violent crime.

Do the members of this House assume that this is an urban problem exclusively? I represent chiefly a rural riding. My largest community has about 13,000 people. A couple of weeks ago I concluded a 50 town tour of my riding where we gathered and listened to the concerns of constituents across the length and breadth of the riding.

The reality is that the number one issue that concerned the people of that rural part of the country was crime. It is almost unbelievable the degree to which crime has changed the fabric of rural communities, not only in my riding but from talking with other members representing rural ridings in their ridings as well.

People really felt that the number one attribute of their riding was safety and who rarely locked their doors do now. They are buying security systems and many of them are telling me that they are living in fear.

We had events this past summer, including a couple of murders. One was gang related and was one not. We had the case of a 13-year-old female driver who with a couple of friends stole a vehicle and drove into the centre of Portage la Prairie on a Sunday morning. The driver lost control of the vehicle and crashed into a family going to church. There were four people seriously injured, of course in the non-offending vehicle. These are the kinds of things that are happening. These are serious crimes and they should have serious consequences.

I want the member to address the issue of deterrents. I am curious as to why this was removed from the sentencing provisions years ago under the Liberals. Would the member address that particular issue as to how important he sees the restating of a judge's parameters on sentencing?

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 11:25 a.m.
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Conservative

Mike Lake Conservative Edmonton—Mill Woods—Beaumont, AB

Mr. Speaker, I concur with the hon. member who spoke about talking with the people in his riding. Crime is the number one issue in my riding when we knock on doors. Crime is the number one issue that people talk about.

In my correspondence the number one issue brought forward is related to justice issues of many different kinds. Youth crime is specifically singled out on a regular basis.

I want to speak about deterrents for a second. One thing I do want to point out is that the vast majority of our youth are fantastic kids who are not committing crimes. We are talking about a small proportion of the youth who are causing problems. I would point out that the majority of the victims of these youths are kids themselves. They are our own kids and our own families.

In terms of deterrents and in terms of consequences, I would say it is vitally important that we start to take the term consequences seriously. The connotation does not necessarily need to be a negative one. Kids quickly learn as they are growing up that without consequences they have no boundaries or boundaries mean nothing. Without the boundaries they do not have order. Quite honestly, it leads to chaos in the lives of some of these kids.

We have talked a little bit about preventative measures and some questions have come up. I think one of the most important preventative measures that we can undertake is to establish a culture of responsibility among our youth, that violent crime of any kind is absolutely unacceptable. Solid criminal justice policy in this area is crucial in fostering that culture.

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 11:25 a.m.
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Bloc

Serge Ménard Bloc Marc-Aurèle-Fortin, QC

Mr. Speaker, I come from Quebec, and I took a special interest in youth justice when I was a minister and also in my law practice. I am not an expert in this area, and I do not claim to be.

Nevertheless, I would like to explain what has been done in Quebec and why we take such a different attitude from the rest of Canada. I would also like to explain why the architects of our youth justice system do not understand why the rest of Canada has never taken note of the success we have achieved and used Quebec as a model when drafting new legislation on young offenders, instead of looking to American models. Ours are based more on European models, but also on models suggested in the United States by people who study criminology and psychology.

In 1998, I attended a meeting of ministers of justice in the midst of an election campaign. I went to talk to the ministers of justice in the middle of an election campaign because I had something to tell them before they changed the legislation. At the time they were discussing a bill introduced by Ms. McLellan.

Canada had a juvenile crime rate at the time that was 50% greater than the rate in Quebec. That was not purely by chance. The political parties of all stripes in power in Quebec over the previous 30 years had always taken very seriously this primary concern with the rehabilitation of young offenders. An entire profession was created to deal with it called psychoeducation.

Rather than spending our money to build institutions, we put most of it into the training and treatment given to young offenders and the training provided to judges. I can recall the chief justice of the youth court in Quebec summarizing in a few choice words the attitude of the Quebec courts: the right measure at the right time.

This is a very subjective process, of course, but it is objectively justified. When dealing with adolescents, we are dealing with people who will soon be adults. They have to be induced to act not out of a fear of punishment—because this fear cannot be maintained very long—but out of a genuine acceptance of society’s rules, an understanding of them, and a responsible attitude.

I am sure we can all recall our own adolescence and some of the friends we had. We know very well that adolescence is quite a difficult time when we emerge from the body of a child to become an adult. It is also a time when we like to test limits, and not everyone does this in the same way. I remember some of the young people I knew, when I was young myself, who did some really foolish things. Now they are very respectable people who are very respectful of the law and extremely responsible. I am sure that nearly everyone here knew some young people like that—or maybe not. In any case, I think it is a generally accepted fact that some very responsible adults today went through some pretty turbulent times in their youth.

If we are concerned about a safe society, it is important when dealing with adolescents to do all we can to ensure that they eventually become responsible adults who do not always have to be frightened into controlling themselves, especially as I do not think that fear is a very effective way to deter them from committing crimes.

Something rather significant has happened in Quebec in the past few years: we have placed so much importance on prevention and rehabilitation that we are achieving good results.

Earlier I was talking about the results I saw in 1998, but I will read some more statistics from Juristat: “With the exception of Quebec, which saw a 4% decrease, all the provinces reported increases in the youth crime rate”.

Quebec has created something else that will achieve long-term results and will probably start to have an impact. I am talking about early childhood centres. We no longer talk about daycares in Quebec—except for maybe when we are out of breath. From an institutional point of view, there are no daycares in Quebec, but we have the best system of early childhood centres, where working parents can leave their children at a very early age.

These early childhood centres employ professionals. They are not babysitters; they are professionals trained in early childhood education. There are no hard and fast rules, but often early childhood professionals can recognize the signs of a young offender when the child is very young.

We have professionals who know. They know how to recognize it and intervene early on. Let me say, they do not put these children in prison; the children might be given a time out from time to time and given individual attention so as not to have problems in the future.

That was how Quebec saw things. That is what Quebec has done and people should know about the results we have achieved.

We did not much like Mrs. McLellan's bill. Nonetheless, I am sure that many people who adopted Mrs. McLellan's bill at the time are surprised at its results, namely a lower youth incarceration rate.

There is a reason we criticized it at the time. I know it was drafted by people familiar with Quebec's experience. They drafted it the way they did because they felt there was too much reliance on incarceration. They developed an extremely objective system, but when it comes to handling young offenders, many things should be left open to interpretation.

I will give some examples that I have often used. I will look at two extreme cases. A youth has just shoplifted a popular singer's CD and is arrested. He arrives at the police station and does not want his parents to be called because he is embarrassed. His parents come to get him anyway. He is ashamed, and so forth.

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 11:30 a.m.
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An hon. member

Oh, oh.

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 11:30 a.m.
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Bloc

Serge Ménard Bloc Marc-Aurèle-Fortin, QC

Excuse me, I was distracted.

I have to speak to you, I prefer to speak to you. I need human contact, especially to talk about these things. Right? You can see that there is no need to intervene with this youth or to take him before a court.

Let us take another example. A youth steals some jewellery, tools or something else that he will probably sell. Even if it is the first time, we must know how to intervene. If you have a tiered system, where you speak of a first offence and then a second offence, that is not the right system.

A youth commits a crime: you have to know how to interpret this sign. In the first case, you would let him go. In the second case, even if it was a first offence, I believe that you would have to intervene.

Let us go to the other extreme and look at murder, which is much more serious. A youth, together with two or three others, steals from some seniors and beats them to death.

We will definitely take a very tough stand with these youths.

In another case, a young person has an alcoholic father who beats his wife, does not look after the children and even beats them. The youth ends up killing his father. This is serious and it will be taken seriously, but the approach will be completely different. It is the same crime, but each requires a different solution because the youth's circumstances will be taken into consideration as well as the fact that one day this youth will be an adult and he will have to function in society.

I remember that, at the time, of the 35 young people who had committed murders in Quebec, none had become repeat offenders. Only one committed other crimes later. Good results were obtained thanks to the competence of the judges, the training and the system in place.

However, what I am hearing from the minister worries me a great deal, and it will be even worse for the future. The word “prevention” is missing from his remarks. He makes no reference at all to the principles of psychology or of criminology, and I know why. It is because he believes that the principle of criminology is to put them all away, right? It is not that at all. It is a matter of knowing how to take the right measure at the right time. To that end, it is necessary to allow a great deal of discretion to the judges who try these cases and who must be able to direct these young people to various institutions.

I also hear a great many remarks that demonstrate to me that the purpose of this legislation is not to ensure that young people, when they become adults, will no longer be a danger to our society. Rather, it is legislation that responds to perceptions, because people perceive that there is an increase in criminal activity.

As politicians, what should we do if we know that those perceptions are wrong? I know that other people in my riding also think that criminal activity is on the increase. Yet it has been decreasing on a regular basis for the past 25 years. Criminal activity decreased until last year, especially among young offenders.

Those perceptions are rather normal, given that the statistics are not emphasized. Regardless, in general, since 1990 criminal activity among young offenders has decreased in Canada. It would be hard to persuade the majority of that, they will not believe it. Why? Because the statistics are published in the newspapers, once a year, beside the obituary notices. In contrast, whenever a serious crime is committed by a young person, unfailingly, it makes the headlines.

Public perception in relation to crime is based on the headlines that we read every day. Thus, it is consistent. People always believe that crime is increasing, even when it is decreasing.

However, I want to respond to the challenge issued by the member for Kitchener—Conestoga, who thinks he can challenge anyone in this House. I would ask him to confirm for me whether he is not almost harassed by his constituents who tell him that young offenders should be more severely punished.

For my part, I am not harassed by my voters. It must be said that the worst of the United States also rubs off on Quebec. Sometimes, people say to me that a certain punishment is terrible, and so forth. I answer them calmly and explain to them a little of what I explained earlier. I tell them that we still get good results and, above all, that we must not follow the American example.

This shows me something. I am a sovereignist. But I was not born a sovereignist, I did not grow up in a sovereignist environment and there were not many sovereignists around when I was a teen.

I supported the Rassemblement pour l'indépendance nationale, but really, my ideas fit in with the Mouvement souveraineté-association. Because of our history, the country I love the most, besides Quebec, is still by far Canada, because we have things in common. Yet I still remember my ideal as a teenager, which was to live in a great country in which there were two important nations, with the contribution of the aboriginals and others. I thought that since we came from two great European countries that had made so many contributions to science, the arts and so forth, this would be a good combination and we could enrich each other.

However, once again, I can see that most people are unable to see something good when it is right in front of them. One thing we should at least do with Quebec is to go back to the old way of dealing with young offenders, which was very successful. This just proves to me that we would truly be better off to live separately—we would remain neighbours—and to enjoy sovereignty.

That is why the Mouvement souveraineté-association appealed to me the most. Even so, back when I joined the movement, I thought that there were some things we should definitely have in common, such as criminal law. We do agree on that. People in Quebec are not very keen on the French criminal law system. We prefer the basic principles of the adversarial system and so on.

Nevertheless, what I have been hearing from the other side is giving me more and more reason to doubt. I am becoming, astonishingly, more of a separatist than a sovereignist. This is a good example of why. Why is it that westerners are always trying to copy the United States? Why not look for a solution right here at home?

In a way, I understand. I was looking at the crime statistics, which are a little scary. Take crime rates, for example. In Quebec, that rate is 5,909 per 100,000 people, but out west, in Manitoba, it is 11,678; in Saskatchewan, it is 13,711; in Alberta, it is 9,000; and in British Columbia, it is 11,000. I can see that members on the other side of the House have the perception of problems. Still, perhaps they should look eastward for better solutions. After all, Quebec's homicide rate is a lot lower than Canada's.

The last thing that I do not understand is this: some members of the government are from Quebec. Are they aware that our way of dealing with young offenders is a good model? I am not saying it is a success, because success would imply that there is no juvenile delinquency, which will never be the case. However, if we compare Quebec's success rate to those of Canada and the United States, it is a model. Why can those members not persuade their government to consider the Quebec model?

Once again, this shows how limited Quebeckers are in federal government. Our party's founder himself discovered those limits. Just like me and many others, he proposed full sovereignty for Quebec with close ties and strong friendship between our two nations.