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.

November 27th, 2007 / 12:15 p.m.
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Liberal

Michael Savage Liberal Dartmouth—Cole Harbour, NS

Two pretty decent guys.

In my own constituency I've had town hall meetings where people have come and talked about youth criminal justice, and they want to see some changes, but they also know that we have to do the prevention and the rehabilitation as well, that dealing with young people after they've committed a crime is only one piece of that.

So we come to this place. Last Thursday I spoke on Bill C-25 and outlined the same sorts of things I had mentioned earlier. In principle, there's a lot in the bill that I can support. I have some concerns about picking and choosing from the Nunn report. I have some issues, but this is an important piece of legislation. It took your government almost two years to bring something forward in youth criminal justice and after one day your House leader says we're delaying. That is after one day in debate, after waiting for two years. And you talked today about expeditiously moving these forward.

What do you consider to be expeditious, and what do you consider the role of Parliament to be?

November 27th, 2007 / 11:35 a.m.
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Conservative

Blaine Calkins Conservative Wetaskiwin, AB

Minister, it was interesting, today the agenda on the order paper in the House started off with Bill C-2, and it was moving on to Bill C-25 and Bill C-26. We were expecting to debate those things in the House today, but unfortunately the Bloc brought in a concurrence motion and is blocking and stymying that debate.

I know it's a frustrating thing for my constituents and for many people who want to see the law and order agenda move forward. It's certainly a disappointment that it's not being moved forward today in the House.

I'll just give you a little bit of context for my questions on aboriginal justice. Hobbema is in my constituency, and of course there are a lot of issues in the Hobbema First Nation, in the four bands there.

I'm just curious about the perspective you brought up about the aboriginal justice and some of the youth crime prevention strategies. I understand that the mandate for the aboriginal justice strategy ended March 31, 2007. I notice from the supplementary estimates that the Department of Justice is requesting $3.69 million for the aboriginal justice strategy, and that's in addition to the $14.5 million over two years from Budget 2007.

I'm wondering if you can explain to me why that amount is needed, where it's going, and what importance and relevance that aboriginal justice strategy has.

Youth Criminal Justice ActGovernment Orders

November 26th, 2007 / 6:15 p.m.
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Bloc

Bernard Bigras Bloc Rosemont—La Petite-Patrie, QC

Mr. Speaker, I am very happy to rise today to speak on Bill C-25, An Act to amend the Youth Criminal Justice Act. With this debate, I feel as though I am reliving some previous debates we had here in the House of Commons. A few years ago, the Bloc Québécois waged a strong offensive against the then Liberal government regarding the Young Offenders Act. I remember that my colleague from Berthier—Montcalm, Michel Bellehumeur, who was the Bloc Québécois justice critic, voiced what the legal community and the National Assembly were calling for. What is more, my colleague defended the Quebec model against the repressive model put forward by the federal government at the time. We were proposing and defending rehabilitative and preventive approach.

Essentially, quite apart from Bill C-25, the real problem lies there. Before we debate the bills we should adopt in the House of Commons, we need to take a long, hard look at the approach and the model we are using when, in our justice system, some people, groups and governments are trying to shift the burden of proof to adolescents and use pretrial detention, with the effects that can have on adolescents. That is where the problem lies.

Quebec made a choice to work with adolescents. It decided not to simply view detention as the only way to respond to acts that could be criminal, but to bring together social stakeholders who work with our young people and involve educators and families so that young people can have a healthy environment. If adolescents do things that are not acceptable, it is because they are being seriously affected by various social problems. It is because they are in an environment where poverty is a reality for them. It is because young people are having more and more difficulty in finding jobs. It is because they feel they have no future.

When these young people commit a wrongdoing, it is because there is a fundamental problem, a societal problem upstream. What do we have here to deal with this situation? We have a government which is using the stick to deal with these social issues, with the problems relating to youth employment, or with the deadlock that young Quebeckers and Canadians are facing. We must ask ourselves whether this is the proper approach to put young people back on the right track. We, on this side of the House, do not believe it is.

We believe that rehabilitation and prevention must prevail. Inequalities are getting worse. Delinquency is becoming a way of life for an increasing number of young people. The exclusion of young people in the workplace, and in their environment, is becoming a major issue. Rather than coming up with a justice system that uses the stick against young people, we should provide adequate assistance to this generation, whose members often no longer hold any hopes.

What we are promoting today is a model that has proven successful, that has allowed us to have a homicide rate that is three times lower than that of the United States.

Of course, because we read major newspapers, every now and then we see that some young people committed a wrongdoing. In fact, what the federal government is trying to implement here in Canada is an approach similar to the one used in the United States, whose effectiveness has not been demonstrated.

For example, the homicide rate is three times higher in the United States than it is here, in Canada. So, did this approach based on repression help improve the situation? Of course not.

It is the same thing with violent crimes committed by young people. It is true that, in Quebec, the latest figures for 2006 point to an increase in violent crimes committed by young people. However, that is the only such data. All the other available data show that this type of violence is not increasing. Come to think of it, the government's approach is not aimed at the proper group.

What is the purpose of Bill C-25? According to clause 1, a judge must presume that the pretrial detention of a young person is necessary if:

1(2)(a) the young person is charged with a violent offence or an offence that otherwise endangered the public by creating a substantial likelihood of serious bodily harm to another person;

1(2)(b) the young person has been found guilty of failing to comply with non-custodial sentences or conditions of release; or

1(2)(c) 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—

What is the government trying to accomplish with clause 1? Two things. First, it is trying to use presumption against young people and transfer the burden and the responsibility to them even though the problem is a genuine, social one.

Second, the bill seeks pretrial detention of adolescents even though we know that trials often result in not guilty verdicts. Adolescents would be kept in jail even though the verdict could turn out not to be a guilty one. Imagine the impact of that on adolescents in their formative years.

The battle we are fighting today over Bill C-25 is the same battle my colleague from Berthier—Montcalm fought several years ago over the Young Offenders Act.

In conclusion, we are defending the Quebec model here, a model that promotes prevention and the rehabilitation of our young people, as opposed to the federal government's approach, which is about repression and detention, and which is not at all the approach that should be used when young people need help.

Youth Criminal Justice ActGovernment Orders

November 26th, 2007 / 5:30 p.m.
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Liberal

Rodger Cuzner Liberal Cape Breton—Canso, NS

Mr. Speaker, it is a pleasure to rise today and take part in this debate on Bill C-25. Some excellent points have been brought up through the course of this debate. I hope to add to them.

I bring to the debate 25 years of experience in coaching and working with young people through recreational activities as a former recreation professional. I am comfortable in speaking to the fact that the vast majority of the young people I had an opportunity to work with were very good young individuals. They were fairly focused. They understood the difference between right and wrong. For the most part, they just wanted to make their way in this world and find their own place and in some way try to contribute to whatever they were involved in at the time.

Unfortunately, a lot of these average young Canadians might make a bad decision on occasion. They could be with the wrong group on a particular night or in the wrong place at the wrong time, or whatever the circumstances might be, and sometimes the results are not great. However, I have known a number who have benefited from the current approach to dealing with youth crime.

The Young Offenders Act was improved upon by the legislation brought forward through the Youth Criminal Justice Act, but again we stand here tonight to try to improve it. I am comfortable in saying that the Youth Criminal Justice Act was an improvement over the Young Offenders Act, but there are gaps. There are aspects that certainly deserve to be looked at again and improved upon so we can better deal with these particular issues.

I think crime changes from community to community. Some of my colleagues from urban areas have spoken about their experiences. There is not as much gang related crime in rural areas, not that this is a youth crime, but we do see our share.

We have been very active in my own community in Cape Breton--Canso. The Cape Breton Regional Municipality and the police services board, under the direction of Dave Wilson and Myles Burke, have done an excellent job.

The past chief, Edgar MacLeod, just recently stepped down. He was a leading advocate in this country for community based policing. He did a tremendous amount of work in community based policing and had a very solid line in with the youth of our community. I know that went a long way toward finding out the needs, the wants and the concerns of the youth in our community. I think that is at least the beginning of communication with young people at risk. It is a positive step.

These individuals are to be commended for their efforts.

Our justice critic, the member for Notre-Dame-de-Grâce—Lachine, joined us in Cape Breton, where we sat down with a number of different stakeholders to talk about some of the issues around youth criminal justice and other justice activities. What we heard from most of the stakeholders is that when we are talking about youth, the Nunn report, which has been referred to during the course of the debate, has very significant measures that can go a long way toward ratifying some of the gaps in the Youth Criminal Justice Act.

All of us here in the House know of the terrible tragedy of Theresa McEvoy, a 52 year old mother who lost her life when a 16 year old offender drove his car into hers. It was a terrible tragedy and it was significant because just two days before it happened he had been released from custody.

The young offender had 36 charges against him at the time, but the courts could not hold him. There was miscommunication on the part of those doing the administering, but nonetheless, the officials did not believe they had the power to keep this young person incarcerated, so he was on the streets and that terrible tragedy occurred.

In June 2005 the Nunn commission was struck. Eighteen months later, it delivered its report. I want to read from the report for members. As I have said, the Youth Criminal Justice Act does serve the vast majority of young people in this country very well. Those young people who come in contact with our legal system are very well served by the act. Mr. Justice Nunn said in the report that the act:

--has been highly successful in the manner in which the vast majority of youth is handled....

The challenge is whether the [Youth Criminal Justice Act] in its present form is adequate to deal with that smaller number of repeat offenders that the justice system is concerned with on a regular basis.

Much credence was given to this report. It was an excellent report as it was tabled, but also, there was input from those who deal with those issues on a day to day basis. I want to put this on the record as well. This is a comment from Mr. Justice Nunn's report:

--I must make it absolutely clear and not open to question that all the witnesses I heard--police, prosecutors, defence counsel, and experts--agree with and support the aims and the intent of the act. They accept it as a vast improvement over the previous legislation. All are convinced it is working well for the vast majority of young offenders, though it needs to be fine-tuned to provide effective means to handle the smaller, but regular number of repeat young offenders.

The two issues that are identified more specifically and which we hear about the majority of time when we speak with stakeholders are violent offences and of course repeat offences.

With regard to the violent offences, Justice Nunn boiled it down. His concern was pretrial detention. His concern was that the Youth Criminal Justice Act went too far in restricting any pretrial detention. In order to strike a balance between the rights of young offenders and public safety, he recommended that the definition of “violent offence” be changed to include “endangerment to the public”. That is significant. I am sure that we on this side can support that. His recommendation was the change in that context.

The other issue was repeat offenders. I want to talk about repeat offenders because again we go back to the classic adage that a few apples spoil the whole bunch. I do not think that is uncommon, but the recommendation that came from Justice Nunn, and I know that we on this side can support it, is:

--that the federal government should amend the Youth Criminal Justice Act so that the requirement for a demonstrated “pattern of findings of guilt” is changed to “a pattern of offences”....

In this case, I believe the young man who was involved in the McEvoy tragedy probably would not have been out had that change already been made to the legislation. I hope we will see that as this goes forward.

I believe this legislation as put forward today should go to the justice committee. We should hear expert witness testimony and then it should be brought to the House for a vote. We certainly support the movement of the legislation to committee.

Youth Criminal Justice ActGovernment Orders

November 26th, 2007 / 5:30 p.m.
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Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, I listened carefully to what my colleague had to say. I have a specific question for her. There is talk of repression and deterrence with young offenders.

I would like my colleague to explain something. I heard her say that she was from the greater Toronto area. Our Conservative friends tell us that Toronto has a street gang problem, and I would like to understand. Has my colleague experienced this problem? Does she think Bill C-25 could solve the problem of street gangs in the Toronto area?

Youth Criminal Justice ActGovernment Orders

November 26th, 2007 / 4:55 p.m.
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Liberal

Ruby Dhalla Liberal Brampton—Springdale, ON

Mr. Speaker, it is a pleasure to stand before you today and speak to Bill C-25, An Act to amend the Youth Criminal Justice Act.

It is an act that is extremely important to many of my constituents in Brampton--Springdale. When we take a look at the recent deaths of youth in my riding, they have caused extreme fear, angst and anguish among those living in our community.

As one of the fastest growing cities in the country, Brampton has become a true symbol of hope for so many. However, the recent deaths of youths across Brampton have left many feeling shocked, dismayed and with a feeling of profound sadness. From youth who have been killed by gangs to people dying as a result of drunk drivers, families not only in Brampton but across Canada are suffering.

Many constituents in my riding have written to me to express their frustration about these senseless acts of violence. They, like many Bramptonians, are calling on the federal government to take a stand against the violence that is plaguing our communities.

What we need is a comprehensive crime strategy, one that commits to putting more police officers on our streets, more prosecutors in the courts, and protecting the most vulnerable, our children and seniors. We must ensure that our police officers have the resources and tools that they need to do their jobs, and we must demand that government bring forward legislation which will make people think twice about their actions.

However, in talking to many of these constituents and Canadians across the country, one realizes that the answer to fighting crime is not the republican or the Bush strategy of locking everyone up and throwing them in jail.

To ensure the safety of all Bramptonians, we need an effective program to fight crime, one that has input and involvement from our young people. Spending money today on skills training and providing youth with opportunities is going to ensure that if we combine that with strategies to fight crime, it will actually prevent it. It will be money that is saved in the future on putting people in prison.

We need to listen to the youth of Canada. To help jump-start this process in my own riding of Brampton--Springdale, I have created a youth advisory council which will provide student representatives from all the schools in Brampton--Springdale an opportunity to speak openly and directly to their elected officials and community organizations on issues that matter to them, on issues of violence, gangs, and drugs in their schools and neighbourhoods.

It is my hope that this youth advisory council will empower students, community members and elected officials to take a stand against violence, the violence which we are discussing in this particular act today. The youth advisory council will work closely with all stakeholders and organizations to discuss strategies that will actually prevent crime, initiatives to create a safe city and rehabilitate criminals.

The Liberal Party has been trying to put an end to violence in our neighbourhoods by offering to fast-track many of the pieces of justice legislation. Unfortunately, many of these bills have not moved forward. In fact, last fall, we offered our support to the government for fast-tracking six of these criminal justice bills, but unfortunately, rather than accepting our offer, it chose to only fast-track one of the bills.

These delay tactics have resulted in Canadians having to live without effective legislation. We need to put aside political gamesmanship. We need to put aside political partisanship and ensure that we get results for the people that we are representing.

We acknowledge that the Youth Criminal Justice Act has been a significant improvement over the old young offenders legislation, and we now see that there are gaps in the legislation, specifically with respect to repeat violent youth offenders. We must address these gaps, but we must ensure that this bill is not undermined by any of these amendments that are being brought forward today.

We have been stating for some time that the Conservatives need to look at the report that was issued by Justice Nunn in Nova Scotia for reasonable reforms to the Youth Criminal Justice Act to address the problem of repeat youth violence. We believe that Justice Nunn, who led a public inquiry on this issue, actually struck the right balance with the recommendations that he provided.

Some of the changes that are being proposed in this particular bill today are actually similar to the recommendations made by Justice Nunn.

However, there are some changes that are contained in the bill which have not been supported by nor come from Justice Nunn. We need to ensure that the changes brought forward actually concern a judge's ability to detain repeat violent offenders pre-trial.

We must ensure that when we talk about this bill and the amendments being brought forward that there is the right balance to achieve the goals to prevent youth violence across the country. In particular we take a look at this bill and realize that the Conservatives are attempting to reintroduce deterrence, a sentencing principle which many experts across the country have warned is a mistake.

Martha Mackinnon of Justice for Children and Youth, a legal aid clinic for low income youth, has stated that the Conservatives are addressing a perception that has actually been exacerbated by politicians and the media. She has criticized the government's move to bring back general deterrence for youth and has pointed out that there is no evidence that deterrence works for young people.

It has been said that this bill ignores many of the important concerns Canadians have about legislation which is going to be fair and adequate and which is actually going to produce results. Canadians and Bramptonians are looking for real leadership when it comes to fighting crime in Canada.

We need to have a comprehensive and integrated strategy that talks about the root causes of crime. We need to have a strategy which is comprehensive and talks about the rehabilitation of those who have committed crimes. We need to ensure that we provide assistance for those who are the victims. It is only going to be by putting aside our partisanship and our gamesmanship that we are going to ensure that we have legislation which is fair and adequate, and ultimately produces results for our end goal, which is to help the children of Canada.

The House resumed from November 22 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.

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November 22nd, 2007 / 4:45 p.m.
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NDP

Bill Siksay NDP Burnaby—Douglas, BC

Mr. Speaker, I am happy to have the opportunity to continue this discussion on Bill C-25, An Act to amend the Youth Criminal Justice Act.

This bill, rather surprisingly, only amends two parts of the legislation. In particular, it adds deterrence and denunciation to the principles that a court must consider when determining a youth sentence, but it also clarifies the presumption against the pretrial detention of a young person and specifies the circumstances in which the presumption does not apply.

In a sense, it is very surprising that after all the bluster and the controversy that we have heard for years from the government and the government party, the Conservative Party, about youth crime and the Youth Criminal Justice Act, this is the kind of legislation that it brings forward. It is such an incredibly limited piece of legislation. It is very surprising, given all the chest thumping and the controversy that has been created over the years, to see this proposal when it finally comes forward being so very limited in scope.

Generally, the principle that young people should be treated differently in our criminal justice system is one that has a very long history in our legal system. It is something that has been established for at least 150 years. It has gone on for that length of time without any serious challenge. I think it is something that we have to maintain in this day and age as well. I do not see any reason that we should turn our backs on that important principle. Certainly it has been part of the legislation in Canada that deals with young offenders over the years. It was a feature of the Juvenile Delinquents Act, it was a feature of the Young Offenders Act and it is certainly a feature now of the Youth Criminal Justice Act.

We have adopted wholeheartedly in this country that youth should be treated differently in our criminal justice system. I believe that has served us well. We have had success in changing the lives of young people who have been in trouble with the law. That is something we should continue to work at and not abandon. The whole question of rehabilitation of young people is one that merits emphasis in our criminal justice system and through the Youth Criminal Justice Act.

There are people who would suggest, and often they sit on the Conservative benches, young people should be treated like adults in our criminal justice system, even with some specific crimes.

If we are going to move in that direction, it would seem to me that we have to give those young people similar responsibilities in other areas of their lives, not just the onerous responsibility of facing the full adult penalties of the criminal justice system, but the responsibilities of full citizenship in other areas like, for instance, lowering the voting age. We should make sure that voting and criminal responsibility are at the same level. I do not know that there are many people in the Conservative corner who would consider that kind of proposal. So, I think it is very important that we maintain the principle that youth should be treated differently in our criminal justice system.

That being said, there are issues related to youth crime that we need to address. Overall, in the last 20 years youth crime has declined and continues to decline. We have seen it decline at least 12% to 15% over the last 20 years. I think that is the result of good legislation in this area. The Youth Criminal Justice Act is a good piece of legislation.

There is concern at the moment about serious violent crime involving the use of guns and other weapons. That is something we are all concerned about. However, the reality is that overall, youth crime is going down, and it shows the effectiveness of the current legislation.

We do not know why there has been a spike in violent crime at this moment in time. Often there are those kinds of fluctuations in crime rates in specific crime areas, so it does merit our attention, but to overthrow the whole youth criminal justice system I do not think would be appropriate in that case. The Youth Criminal Justice Act has had the effect of lowering the crime rate among our youth since it came into effect.

There are other things we could be doing to address the whole issue of crime in our society. Certainly, policing and enforcement is one of the aspects that we should always look at when we are considering trying to reduce crime in our society. Unfortunately that is one area where the government has not kept its promise. More police officers have been promised and yet there has been no follow through on that promise yet.

We know that the opportunity for police to build relationships with young people is a very effective way of reducing youth crime and reducing crime generally in our communities. Certainly the work of police officers that are attached to schools in community policing demonstrates that very clearly.

There are other things that we should be pursuing. Certainly a restorative justice system would also go some way to ending recidivism in our criminal justice system. We know that whenever we incarcerate young people we are basically sending them to a school where they get more training in how to be offenders. We see that all through our criminal justice system but I think it is particularly true of young people. Anything we could do that helps young people understand their responsibility for the crimes that they have committed but keeps them in the community and builds relationships and restores relationships in the community is an important step to take.

Restorative justice programs have been shown to reduce recidivism by almost half. That is a very important example of how we should be moving and the kind of programs that we should be putting in place.

I have had the opportunity to participate in a restorative justice program after an act of vandalism at my house, albeit a very minor criminal infraction. I was very impressed with the way that worked to restore the relationships that had been altered by that and how elders from the aboriginal community, my partner, our neighbours and I all worked to see those relationships restored and responsibility taken for the actions of the young person involved. It was a very moving process, I have to say.

When we went in, we hoped that at the end of the process we would be able to see the young person as another one of our neighbours and greet that person on the street because a relationship had been restored despite his actions on my property. I think that we actually accomplished that.

I think there is something very positive to be said. Certainly the evidence from Quebec, which has spent a lot of time on restorative justice programs, has been very dramatic in terms of the positive outcomes of those programs. They are ones that we could a emulate across the country.

Sadly, in my riding of Burnaby—Douglas, there are people who would like to establish a youth restorative justice program, but there just is not money available to do that, either from the provincial government or from the federal government. This is certainly one place where we could stand to have a significant increase in funding, given the success of these programs for our communities in reducing crime and re-establishing relationships.

We know that incarceration does not do young people many favours. Canada does have a very high youth incarceration rate, one of the highest in the western world.

Just to wrap up, I want to say that I do not see the bill as changing very much. It does not change judicial discretion around pretrial release and in fact it only enshrines in law the current practices of the criminal justice system. We also know that deterrence and denunciation are not particularly effective when it comes to reducing crime overall and certainly that should be the goal of our criminal justice system.

I am not sure what the big deal is about this bill. Perhaps it merits more discussion at committee, but I would not want to see us fiddle in a very significant way with our youth criminal justice system because I think it is serving us well. That is not to mean that there could not be improvements made, but I think we are being well served.

Youth Criminal Justice ActGovernment Orders

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

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 3:40 p.m.
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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 / 3:20 p.m.
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Conservative

Bradley Trost Conservative Saskatoon—Humboldt, SK

Mr. Speaker, I thought I would just help the hon. member with some of his remarks.

He kept mentioning the Nunn commission and that only one of the recommendations has been included in Bill C-25.

For the member's information, the Nova Scotia justice minister is very supportive of our bill. Nova Scotia justice minister Cecil Clarke has called on members of this House to support Bill C-25. Our justice minister has worked closely with his provincial counterparts on provisions of this bill. I think the hon. member should keep that in mind when he talks about the Nunn commission and other commissions.

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 3:05 p.m.
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Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, I am delighted to speak to Bill C-25, An Act to amend the Youth Criminal Justice Act.

The House leader was complaining that the bill was being held up, so I hope he can get his message to his troops. Just before question period, the Conservatives were using the time up and stalling his bill.

A report prepared by Justice Nunn dealt with youth criminal justice, and it was very timely. The Conservatives wanted to improve the act, so we had this very detailed, well thought out study. The minister subsequently announced, with the justice minister of Nova Scotia, that he would improve the act. In his speech, the minister said, “Nova Scotia's request for change is in large part based on the recommendations of the Nunn Commission report”.

This is the good news, but from that point on Conservatives should become very upset. Very few recommendations from the Nunn report actually ended up in the bill. The minister has a prescription to fix the act. A number of Conservatives members have said that they want to fix the act and make improvements. They have the outline to do it and then it is not followed.

The Nunn Commission had 34 recommendations on how to improve youth criminal justice, in particular six specifically are referenced to this act. At the most, the minister only deals with three of those, as a member said earlier today, tangently. One of the three only moves the words from a couple of clauses into one clause, clause 29. Therefore, it is only a wording change. It does not change anything substantive. That leaves two changes in the bill.

One of those two changes is about 20 words, which makes some increased opportunity for the crown to increase detention in pre-trial. The exact wording of that very minor change is outlined very carefully in opposition justice critic's speech, if anyone wants to see the details of that change.

That leaves one other change and it did not come from the Nunn report. It is the use of denunciation and deterrence as reasons during the sentencing.

Therefore, we have a bill that is not even a full page long, if we were to put it all on one page. It has one major concept from the Nunn report and it avoids all these things for which Conservatives have asked, and that is increased safety. They received the recommendations in the Nunn report and everyone applauded it. I think the people who wanted those changes would be very astonished.

I forgot to say, Mr. Speaker, that I am splitting my time with the member for Esquimalt—Juan de Fuca, my esteemed colleague, who I know has some very important thoughts in this area as well.

What is more astonishing is what is missing. The Nunn Commission recommended to amend section 3, the declaration of principle, to add a clause indicating the protection of the public as one of the primary goals of the act. I cannot believe why the minister would be against the protection of the public. The Nunn report suggested that we put it into the principles of the act, and it is not there. What could the government possibly have against that?

In fact, I do not think the minister is against it. He said in his speech, when he introduced the bill, that the proposals before the House “provide new measures to protect communities from young offenders who pose a significant risk to public safety”. The government wants to protect communities from risks to public safety and then it does not put the recommendation into bill. Why not simply follow that most obvious suggestion from the Nunn Commission?

Some of the comments on the bill show the difference between the government and the other parties in finding solutions to lower crime in the country.

The first response from a member of the government, in questions on this bill, was the suggestion that safe integration was not the primary objective of the Conservatives. On punishment, is it longer sentences? I do not know, but I am sure that for all other members of the House, safe integration is a primary objective. What the people of Canada want first and foremost is to be safe again. I do not know why the Conservatives are speaking against that.

The second Conservative member who spoke suggested that we should not deal with poverty. I do not think there is a member of the knowledgeable community in our modern country who does not know that poverty can lead to circumstances that make crime more prevalent. Not all crimes are done for this reason. Wealthy people create crimes as well, but I think the vast majority of people know it is a determinant. It is astonishing that it would not be part of the solution.

The next thing a Conservative member said on the bill, before we broke for question period, was that sentencing was an important deterrent for the Conservatives. Yet, the changes in sentencing have been proved over and over again, by witnesses to committee, that it is not a deterrent. It has no significant statistical effect on the incidence of crime. What does have an effect, and my colleague from British Columbia spoke at length on this earlier, is the fact that a criminals will be caught with an increase, for instance, of police, et cetera. That does act as a deterrent, but not what has been added to the bill.

The fourth comment from the Conservatives was about the people who had lost faith in the justice system. This is a pattern and if I had my 20 minute slot, I would have gone through the whole pattern. It is a pattern of adding the wrong solution in bill after bill, a solution that does not work. They add something that is not a deterrent or they add more of the same.

People are upset. The system does not work and, in fact, it has not worked for 1,000 years. We put people in jail, they get out and reoffend. Most crimes are reoffending crimes. Why this has been so problematic is the agenda has had so many amendments with many rejected because it is not the answer. It is not what witnesses, people who work with victims, or people who work with criminals have found to be the answer.

Finally, we have some new answers that are working in the restorative justice. I have to compliment the people of Ottawa because this is Restorative Justice Week in the city of Ottawa. I went to a wonderful session on Tuesday night this week. The Ottawa Chief of Police said, “We would challenge anyone to show me a system that fails as much as our mainstream justice system”, which these bills are trying to promote.

The crown prosecutor, who was also there, said, “never seen a victim or offender happy with the existing system”. We are concerned about victims and we want to have systems like the restorative justice system and the collaborative alternate diversion family group conferencing where we finally come up with solutions that on occasion, certainly not all the time, work.

In fact, a Conservative stood and said that even the people who worked in that field said that they did not work all the time. I have to agree. The Conservatives were right with that comment. It does not work all the time, but the statistics in Ottawa show that 38% to 45% of the time it fails. The regular justice system fails 73% of the time. If there is any member of the House who would want to make Canada safer, they would obviously choose the 38% to 45% with these alternative methods for rehabilitating criminals so they do not go out and create more victims. This would make Canada safer.

This has been successful around the world with aboriginal people for centuries. Therefore, let us not continue to put in solutions that do not work. Now that there has been all this attention on justice, at least the good thing is we have heard from witnesses about things that will work. Let us start promoting those and really changing the system. Although the crime rate is going down, let us make it go down even more.

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.

Business of the HouseOral Questions

November 22nd, 2007 / 3:05 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, of course, it is very early in the session, so it is difficult to anticipate the legislative debate agenda.

In fact, were I to have said two weeks ago what we would be debating today, I would not have been able to anticipate what we are debating today. I certainly would not want to mislead the House, so I have restricted my comments to those of which I can have some certainty.

This week, the government has continued its efforts to tackle crime and strengthen the security of Canadians. We sent our bill to improve the security certificates process to committee. That bill is, of course, an important part of our plan to protect Canadians against threats to their safety and security.

This week, we have also introduced three important new pieces of legislation to make our streets and communities safe and secure. The first, Bill C-25, strengthens the Youth Criminal Justice Act. We started debate on this bill yesterday. We hoped it would have passed by now, but apparently the opposition has returned to its old tactics of delaying and obstructing our tough on crime agenda, and are in filibuster mode now. As a result, we will continue to debate this young offenders bill today.

The second bill, Bill C-26, imposes mandatory prison sentences for producers and traffickers of illegal drugs, particularly for those who sell drugs to children. We hope to start debating this bill very soon.

Finally, we introduced Bill C-27 to deal with the serious and complex problems resulting from identity theft.

These three bills are important elements of our action plan to make our communities safer and to fight crime.

Tomorrow we will begin report stage debate of the tackling of the violent crime act. The proposed bill will better protect youth from sexual predators and society from dangerous offenders. It gets serious with drug impaired drivers and toughens sentencing and bail for those who commit gun crimes. The bill has passed committee and we hope it will continue to swiftly move through the legislative process.

Next week's theme builds on what we have been doing this week. The theme will be getting the job done on justice and tax cuts.

We plan on completing debate on the violent crime act, at report and third reading stage, next week.

Once this bill has been passed by the House, we will continue with debate of Bill C-26 to provide for concrete measures to deal with drug traffickers.

To continue to provide the effective economic leadership that Canadians have come to expect from our government, we will begin debate on the budget implementation bill. The budget implements parts of budget 2007 and the fall fiscal and economic update. Among the tax relief items included, are the cut to the GST, reductions in personal income taxes and business taxes. We hope to call that at the earliest possible opportunity, with the consent of the other parties.

If time permits, we will call for debate this week on Bill S-2, the Canada-United States Sales Tax Convention Act, 1984. Next week, if time permits, we will call for debate on our bill to crack down on identity theft.

Next week the government will demonstrate that we are getting the job done on justice and tax cuts for Canadians. We are moving forward with important legislation that will make all communities safer and we are giving all Canadians tax cuts that will contribute to the long term prosperity of the country.

Youth Criminal Justice ActGovernment Orders

November 22nd, 2007 / 1:50 p.m.
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Edmonton Centre Alberta

Conservative

Laurie Hawn ConservativeParliamentary Secretary to the Minister of National Defence

Mr. Speaker, I listened very carefully to my colleague and again I would challenge him on a couple of things.

He talked about the Statistics Canada statistics for crime saying that crime was down. That is true if we talk about all crime, including petty crime. The fact is that petty crime is not reported anymore because nothing is done about it.

The fact is that violent crime and youth crime are up, and we are talking about Bill C-25, the amendments to the Youth Criminal Justice Act.

He talked about deterrence and prevention. I agree that if someone has already been sentenced that will not deter the person because it is too late. However, it might deter somebody else who looks at somebody actually being caught and actually being held to account for what he or she has done.

If we want to talk statistics, statistically an habitual offender, if he is in jail, will not commit the 15 crimes in the next year that he would have committed had he been on the street. Therefore, we are talking about deterrence, not necessarily of that person but of somebody else. We are talking about the prevention of crimes and, while that person is in jail, whether it is a youth or an adult offender is immaterial, the person will not be committing crimes.

Why does my hon. colleague ignore some statistics and selectively picks others.