Bill C-31 (Historical)

An Act to amend the Judges Act

This enactment increases the number of judicial salaries that may be paid under paragraph 24(3)(b) of the Judges Act from thirty to fifty.

Judges Act

[Rob Nicholson, Conservative, Minister of Justice]

moved for leave to introduce Bill C-31, An Act to amend the Judges Act.

(Motions deemed adopted, bill read the first time and printed)

Youth Criminal Justice Act

[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.