The bill is not easy. In an attempt to be clear and clarify terms, the bill raises new issues about serious offences, serious violence offences, etc.
Let me respond to this. The existing text of subsection 29(2) has been replaced, and this is bail. The previous subsection 29(2) says:
In considering whether the detention of a young person is necessary for the protection or safety of the public under paragraph 515(10)(b) of the Criminal Code, a youth justice court or a justice shall presume that detention is not necessary.
That's been taken out. It should go back in with the other concerns that you have in relation to the type of offence that should merit detention. That's one thing.
In relation to disposition and sentencing, at the other end of the spectrum, it's a completely separate issue that you have to deal with.
One of the problems you eventually have when you go clause by clause is that I think we all have to be satisfied on whether we're going to be able to interpret it. Young people certainly aren't going to be able to interpret it. They're not going to think about the differences among serious offences, serious violent offences, and violent offences.
In attempting to be clear, I think the act creates some problems.