Bill C-423 (Historical)

An Act to amend the Youth Criminal Justice Act (treatment for substance abuse)

This enactment amends the Youth Criminal Justice Act to require that a police officer must, before starting judicial proceedings or taking any other measures under this Act against a young person alleged to have committed an offence, consider whether it would be sufficient to refer the young person to an addiction specialist for assessment and, if warranted, treatment recommendations.
If the young person enters into a treatment program as a result of such a referral and fails to complete the program, the outcome may be the start of jucidial proceedings against that young person.

Youth Criminal Justice Act

[Rodger Cuzner, Liberal, Cape Breton—Canso, NS]

Mr. Speaker, I am pleased to engage in the debate today on this important topic. When the topic of youth criminal justice comes before the House, I try, as best I can, to speak to it. I will attempt to address some of the concerns around the act and some things that I believe we as legislators can do to improve the act and, in turn, better serve the people we represent and contribute to the youth of this country.

It is important to know that when it comes to justice issues and the bills that have been brought before this House in recent weeks and months, of the 13 pieces of legislation that have come forward, we supported 10 of those pieces of legislation. We even offered to fast-track eight of them.

This particular legislation is a private member's bill that has been put forward by my colleague from Edmonton—Mill Woods—Beaumont, a colleague on the HRDC committee. In discussions with people within our caucus, we certainly believe that, although the provisions may be in the Youth Criminal Justice Act, the bill underlines the importance and the responsibilities of police officers and enforcement officers to look at extrajudicial opportunities when they are dealing with young offenders.

It is important to point out that every community has its own reality when it comes to treatment for substance abuse. We all look in our own backyards. I know in my backyard in Glace Bay, the place where I grew up and continue to work, to live and to raise my kids, there is a problem with substance abuse.

Some people in the House may have seen the movie Cottonland. It addresses the terrible problem that some people in my community are facing in their battle with prescription drugs, such as OxyContin. Cottonland is a very powerful film. It notes how many good, productive, normal young people make some bad decisions at a certain point in their life and those bad decisions have grave consequences.

Tragic devastation was reaped on one particular life in the film. A young athlete, who suffered an athletic injury, went to his doctor to seek relief from the pain in his shoulder. The doctor prescribed OxyContin and told the patient to take the medication once every two days. However, as the pain continued it was once a day and soon it became twice a day. As it evolved, the OxyContin took over the young man's life and he became addicted. His entire life revolved around how he would get his next fix and how he would get the money to buy the drugs. Prior to being prescribed this drug and developing this addiction, the young man was a productive person in his community. He was very caring and giving to others and involved in life.

Those tragedies are out there. I think what the member is trying to do with this legislation is to ensure that those people who find themselves in those situations where they enter into an illegal activity or take part in a crime because of drugs, that it is considered prior to any action being taken by the police.

As the act stands now, the police are required to consider referring a youth to an addiction specialist for assessment and potential treatment recommendations before commencement of judicial proceedings. The bill further states that a youth's failure to complete this program should be taken into consideration by that officer, which would allow him or her to decide whether to start judicial proceedings.

In many cases, even under the current act, extrajudicial measures are an option for an enforcement officer. This might involve any spectrum of things, from taking no action at all to issuing the youth a warning, administering a caution or referring the youth to a program or agency within the community. We are fortunate that most communities in Canada have groups and organizations that focus on dealing with troubled young people with addictions. The goal is to provide the youth with some options in order to promote an effective and speedy response to crime.

Some of those components are already in the Youth Criminal Justice Act. I see this legislation as making it mandatory for police officers to consider such measures when dealing with a youth involved in crime. I hope my colleague addresses that in his wrap up comments.

Each of us bring our own experiences to the House. Having had the opportunity in my past life to work with young people through recreation and through sports, I know that many young people find themselves in the midst of different situations. A group of them might go out one night for a few beers and collectively make an unwise decision. Canadians do not believe that these youth, by making that unwise decision, should pay an extreme price for an extended period of time. Currently within the Youth Criminal Justice Act there is flexibility. It allows law enforcement officers and the judiciary to prescribe rehabilitative action so that youth can go on to lead productive lives. Hopefully we, as Canadians, believe in our youth and try to offer them those opportunities.

I hope to see this bill go to committee where witnesses can be heard and where it can be hashed out to see whether or not it would result in what is intended. I certainly support this going to committee, as do, I think, the vast majority of members on this side of the House.

[Peter Stoffer, NDP, Sackville—Eastern Shore, NS]

Mr. Speaker, I would like the House to know that my hon. colleague from Cape Breton and his family have done a tremendous amount of work over the years, not only with his three sons but with literally every other kid who is in Cape Breton. I think he has run across them on either a hockey rink or a baseball field. The Glace Bay Colonels are some of the best little players on the entire North American continent.

The advantage we have as grown-ups is being able to work with kids and being able to share our experiences with them in order to guide them on the right path.

My hon. colleague from Hamilton, who was from the great province of New Brunswick originally, tells some wonderful stories about growing up. It would have been very easy in those days to make a wrong turn.

Many kids in the country grow up impoverished; have various disabilities, either mental or physical; or come from a broken home. They come from all kinds of backgrounds. It is very easy as a youth, either as an individual or collectively, as my hon. colleague said, to make the wrong choice at a particular time.

What do we then do with them? The initial outrage would be to hang them from the highest tree and make sure they pay for their mistakes. However, there also is a compassionate side to it. Forgiveness in the Bible means that one turns the other cheek. When we look at the child we see a human being and we must try to make a productive person out of the individual. I believe that is how justice must work. However, there is no question that a deterrent is needed. People need to know that if they do something wrong there is a price to pay.

Sometimes the people who do those wrongs or injustices simply may not know what they are doing or they are in a collective group with a lot of peer pressure. However, after sober second thought, in a day or two they realize they should never have done that. It does not necessarily mean that we should throw the baby out with bathwater.

I grew up in Richmond, B.C. My parents ran a group home for well over 23 years. We had over 400 kids come through our doors, sometimes for a couple of hours, sometimes for a weekend and sometimes they stayed with us for several months. The one common theme between each kid was that they all lacked love. Either their parents did not love them or society rejected them and, for whatever reason, they did not feel that they fit into the normal structure of our society.

One of the biggest problems I felt growing up surrounded by that was the lack of attention and the lack of resources paid by governments to assist these children. It was almost like a babysitting mentality. If they were off the streets and within four walls that was good enough.

Many social workers back in those days tried to do the very best they could. I remember quite clearly that my parents would be with a child 24-7, day in day out. A social worker would come in once a month, do a half hour analysis on the kid and write a report. The social workers would not spend much time with my parents because they were too rushed. They often had to go to another home to talk to another kid. There certainly were not enough of them around, even back then, 40 years ago, to actually ascertain what the kid was thinking, what the environment was and all kinds of other parameters in their lifestyle.

We just simply shuffled kids off as numbers. We have heard story after story throughout the years about the challenges and difficulties people have had with the Children's Aid Societies in Ontario, Quebec, the Maritimes and in the west.

My youngest sister right now looks after three first nations babies. Two of them have fetal alcohol syndrome, which goes back to the bill on labelling of alcohol bottles for fetal alcohol syndrome. My sister loves those kids as if they were her own. She has only cared for them for a few weeks and one she has had for a few months but she knows eventually she must give them up. All she is asking for is that when those children are returned to their families who wish to have them, she wants to ensure the families have the opportunity and the resources to care for these children like their very own.

When the government introduces legislation to toughen up the laws and increase the penalties or jail sentences for various crimes, one of the questions I keep asking, and to which I have not received an answer yet is whether the government will transfer the needed resources to the provinces. It is the provinces that end up picking up the slack on this one. It is easy to say we are going to extend a sentence for another five years, but that costs money and who pays for it? In many cases when it comes to incarceration, policing services and social services, it falls upon the provinces or territories to pick up that slack.

As much as we support this legislation and the previous bills that have come forward and the many more that may come down the pike in the years to come, I would encourage the Conservatives to ensure that for every new piece of legislation that comes forward in terms of criminal justice, the Youth Criminal Justice Act, whatever it is, that they incorporate with those increased sentences or deterrents the fiscal capacity for the provinces and municipalities to do their jobs effectively.

It is no good just to download that responsibility. Civic authorities throughout the country are scrambling for police officers. Provinces are scrambling for child care workers, hospital workers, teachers' aides. All of that falls on the backs of the provinces and municipalities. If the federal government wants to show leadership by introducing legislation of this kind, it is incumbent upon the government to back it up with the dollars.

I am hoping when the bill gets to committee there can be a financial analysis of the bill to determine exactly how much would be required to assist the provinces and territories in moving these issues forward. Then and only then will there be true results. It is one thing to say we passed a bill in the House of Commons and the Senate, but then comes the follow-up. Where is the follow-up three, four, five years down the road? What advantages has it had? What deterrent effect has it had? What benefits has it had? Without a careful analysis of that legislation down the road, we simply would not know. The person who sponsors the bill can say, “Look what I have done”, but the reality is someone down the road will have to pick that up. We would encourage better cooperation between the federal government and the provinces and territories.

I used to live in Yukon Territory. First nations children are some of the greatest kids we could ever meet, but an awful lot of them were behind the eight ball right from conception onward. They did not have proper housing. They did not have proper education. Their parents may have suffered the abuse at residential schools and all of those things. That kind of trauma goes from generation to generation. All we do is attempt to put a band-aid on these problems.

There are first nations people from northern Quebec who were sent to Resolute Bay, Arctic Bay and Grise Fiord, so-called settlement communities in 1953 and 1955. A whole bunch of families were moved up into the bitter cold of the high Arctic. They were given a few supplies and told to have fun. They were uprooted from their communities and off they went, in order to improve our Arctic sovereignty at the time. In the mid-1990s a cash settlement was made for compensation.

I made a recent trip there. They have not yet received an apology from any government. The government has not said to the last surviving people there that the government is sorry for what was done. All they are asking for is an apology. Many first nations groups are asking for an apology for what happened before and when that happens, the healing can start. Once the healing starts, the children of the people who were affected by those traumatic events will be able to move on. If not, we will have these same concerns over and over again.

It is our generation, this Parliament, that should start the healing process. My hon. colleague who spoke earlier is a very serious Christian fellow. I went on a trip with him to Israel recently and we learned a lot. He would know that in the book of Revelation there is a passage about the healing leaves. An Inuit refugee who had been sent up there from northern Quebec said a Catholic priest once read to him the passage about the healing leaves from the book of Revelation. He looked at the Canadian flag and saw the leaf on the Canadian flag. He told me that is what Canada should be, a healing nation.

If we accept the words of that elder about the Inuit tradition, then maybe this legislation can make the laws that can heal the nation and cause a lot of these concerns to go--

[The Acting Speaker, Royal Galipeau]

As much as I hate to interrupt the hon. member, it is now time to give the floor to the hon. member for Red Deer.

[Bob Mills, Conservative, Red Deer, AB]

Mr. Speaker, it is certainly my privilege to stand today to speak to Bill C-423, An Act to amend the Youth Criminal Justice Act (treatment for substance abuse).

Members hear in their ridings over and over again the increased concern about young people who get involved with drugs. The government is so concerned about this that it has committed to respond to these concerns with a national anti-drug strategy and a reassessment of the Youth Criminal Justice Act.

Private member's Bill C-423 now before the House is a constructive and timely response to the problem of drug use among Canadian youth. Bill C-423 will support this effort to address the problem of substance abuse by youth through its proposal to amend the Youth Criminal Justice Act to allow police to refer youth charged with less serious offences to addiction specialists to determine if treatment is needed.

This measure will respond to concerns about youth who are tempted to use drugs, develop addiction problems and then engage in minor offences to pay for the drugs. How many of us in our ridings get calls from people who have been victims of young offenders who cause damage, steal, commit break and enter offences simply to get money to buy the drugs they have become addicted to? This is a common problem and one which all of us face.

The police, through section 6, have the authority to send youth, with their consent, to a program to reduce the chances of their repeating. Bill C-423 seeks to broaden this measure by giving police the power to send youth, with their consent, to a drug specialist who will recommend the necessary treatment.

The youth justice system has long had to deal with the challenge presented by troubled youth. Often young people charged with criminal offences face significant problems and find themselves marginalized in society. Their special needs do not absolve them from responsibility for criminal conduct, but it is important to ensure those needs, however severe or pressing, should not result in a greater sentence or criminal sanction than is justified by the offence committed.

As we have heard from other speakers on this bill, the whole issue of treatment is the emphasis. So often we do not emphasize it and instead talk about the penalties.

An important feature of the youth justice system itself is to address the needs through rehabilitative measures within the sentences and interventions that are proportional to the seriousness of the crime. Safeguards are in place to ensure the penalties imposed on a young offender do not result in a greater penalty because he or she has needs. It is therefore important to examine the measures set out in Bill C-423.

For example, there is a requirement in this bill that police take into account whether the youth has complied with the treatment program when considering whether to charge the youth for the original offence, to ensure they are fully consistent with the purpose and principles governing the use by police of the extrajudicial measures set out in the Young Criminal Justice Act. We need to ensure that this useful tool for police, which is aimed at helping youth who have substance abuse needs, is not subsequently subject to challenge.

Police will tell us how difficult it is for them to make arrests and take the offenders to court. They discover the court system is not able to deal with the offenders and the offenders are back out on the street the next day. We support providing police with the option of referring youth for help with the substance abuse services. This offers a more effective and meaningful response for youth with addictions and drug problems than facing criminal charges for petty crimes.

This government takes the concerns of Canadians about youth crime very seriously and is committed to strengthening the Young Offenders Act to ensure that our youth justice system is fair and effective in addressing the problems associated with youth offending. This government welcomes the efforts of the hon. member in tabling private member's Bill C-423 as one step toward strengthening the whole process.

Further, as the House knows, the federal Minister of Justice recently tabled Bill C-25, which will strengthen sentencing and pretrial detention provisions under the Youth Criminal Justice Act. This government believes that solutions to the problems of youth crime will come through comprehensive approaches to the issue. All we have to do is attend some of the trials for young offenders to see that this whole review is so necessary.

We need a sound legislative base for our youth justice system. We will continue to work collaboratively with all of our partners to address the conditions that underlie youth offending. It is important to encourage equal standards among families, parents and those who are involved in the development of our youth.

Furthermore, this government will be launching a comprehensive review of the Youth Criminal Justice Act and the youth justice system in 2008 to ensure that our youth justice system fairly and effectively holds young offenders accountable for criminal conduct.

Bill C-423 should assist the police to link youth with the substance abuse services they need. I am proud to support this bill and congratulate the member for Edmonton—Mill Woods—Beaumont for taking concrete steps to help our youth who have become involved with drugs and are committing petty crimes.

We have many parents calling out to us for help. This bill is just one measure to try to help them with those young offenders.

[John Williams, Conservative, Edmonton—St. Albert, AB]

Mr. Speaker, I am pleased to talk on the bill by the member for Edmonton—Mill Woods—Beaumont because it demonstrates the compassion that he has for young people in this country. It also demonstrates the position of the Conservative Party, that we believe it is important to help our young people rather than just throw the book at them any time they commit a crime.

This bill deals with the fact that when a young offender is apprehended because it is alleged that he may have committed some crime, the first thing the officer has to do is determine the mental state and attitude of the person. On that basis the officer makes a decision whether or not to start the full process of court proceedings, or whether the drug treatment programs that are currently offered would be much better.

This is a great recommendation by the member for Edmonton—Mill Woods—Beaumont. We have had some high profile cases in the past. I think we all remember Davis Inlet on the north shore of Labrador where young kids were into gas sniffing, glue sniffing, and everything else. They ended up at Poundmaker's Lodge in St. Albert, my constituency, for treatment.

A lot of illegal things were going on in Davis Inlet at that time, but the country's compassion was to help the young people. They were taken to Poundmaker's Lodge and we did everything we could to try to rehabilitate them rather than throw them into criminal proceedings.

That concept is replicated many times in this country, although it may not get national headlines. A young person is arrested for having fallen into criminal behaviour because of his participation in drugs. If that young person says that he would like to start treatment and demonstrates that he is willing to follow through on the treatment and completes the recommended course by the professionals and experts and he cleans himself up, why would we want to give him a criminal record that would dog him for years and years?

Young people are a great asset. Some of them fall by the wayside and some of them can pick themselves up and get back on track. We should not be throwing the book at them. We should be helping them because our justice system is all about rehabilitation and protection of society. If we can rehabilitate that person and make him a contributing member of society rather than a criminal for the rest of his life, surely that is one of the greatest investments we can make.

I am pleased to say that I am going to recommend that we all support the bill proposed by my good colleague from Edmonton—Mill Woods—Beaumont.

[The Acting Speaker, Royal Galipeau]

The hon. member for Edmonton—Mill Woods—Beaumont now has the floor for his right of reply.

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

Mr. Speaker, I know there were questions from some members of the opposition asking for some clarification. I am sure if they look at the first two 15 minute speeches I gave, they will find the answers.

I want to spend my short amount of time thanking some people.

First, I want to thank my colleagues from all parties. Members from all parties, despite the fact they had political things to get off their chests when they spoke, articulated their parties support for the bill.

I also thank the House of Commons legal department and the Library of Parliament. They helped me with the drafting of the bill. When we discuss this kind of thing, it is important to ensure we get it right the first time. I thank the people who worked hard to do that and who went back and forth with me as we worked through what we were trying to accomplish here.

I also thank ordinary Canadians who dedicate their lives every day to helping kids and adults with addictions issues. It is a very significant issue in our country. I thanked some of them when I first had a chance to speak to the bill, such as Maralyn Benay from Parents Empowering Parents, Patricia Bencz from the Our House addictions treatment centre and folks who spent a lot of time to help people with addictions issues.

I also want to take a moment to thank the RCMP and other police forces. The Edmonton city police deal with this issue and the results and consequences of addictions issues every day. I have done a couple of ride-alongs with Edmonton city police officers and they have been incredibly helpful in helping me understand the cycle of addictions and crime and how much of their work centres around dealing with the consequences of addictions issues.

I also want to take a moment to express my appreciation to my nine foster brothers and foster sister. I do not say it nearly enough, but they provide me with a lot of inspiration for a lot of what I do here in the House, and I will name them: Andrew, Randy, Kelly, Jeff, Matt, Jonathan, Howie, Danny, Jeremy and Amanda. They are very important people in my life. They came from some very tough circumstances into my parent's house, when they were early teens for the most part. They are an amazing inspiration. I did not realize how important they were in my life until I grew older and dealt with some of the things we dealt with here.

I particularly want to thank my parents, Mark and Bonnie, and my brother Dan. In 1986 I was 16 years old and my parents made the decision to reach out to some kids who had come from some of the toughest circumstances one could imagine. As a 16 year old, that was a pretty life-changing event, bringing people into our house, growing our family of four into five, six, seven, eight, nine and eventually fourteen people. It made for some pretty fun Christmases and some pretty good ball hockey games in the street.

Because my parents had a heart for kids at risk and kids coming from those circumstances, they decided to do something significant to try to address it and to try to help these kids out.

When my father passed away in 2003, it really hit home for me how important it was to these kids. Some of the kids are in their young twenties, or even like us, and may not have been around for a little while. They had gone off to do their own thing. However, when he passed away, all of a sudden these kids came back for the funeral. We had a chance to catch up, to talk and to see where they were at. I think it was then when I started to really realize the impact my parents' decision had on the lives of these kids. I definitely want to thank my parents and my brother for the decisions they made.

I want to reiterate that the purpose of the bill is to get help for kids at a time when they might not realize they need the help. That is the crux of the bill, to reach out to these kids. I look forward to having the opportunity to work with the members of the justice committee as we try to move forward and make the bill come into law.

[The Acting Speaker, Royal Galipeau]

It being 12:02 p.m., the time provided for the debate has expired. The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

[The Acting Speaker, Royal Galipeau]

Accordingly, the bill is referred to the standing committee on Justice and Humand Rights.

(Motion agreed to, bill read the second time and referred to a committee)