Thank you for the opportunity, because I didn't address it.
I think in part it has to do with what we see as the role of Parliament as opposed to the professionals who are implementing the act, whether they're police officers or crowns. What's the message that we want to send to crowns? And then what will be the effect of this kind of provision?
One of the things is that proposed subsection 64(1.1) as worded will be very broad. In other words, there's a very broad range of cases in which the crown will be required to address the issue of adult sentencing. It's much broader I think than anyone would actually contemplate cases where there would be an adult sentence.
I worry that sometimes it is a very difficult decision, and I can't imagine that any crown in the country does not consider inappropriate cases. There may be reasons not to bring the application--they may think their evidence is not strong enough, they may think the youth is amenable to rehabilitation--but that they haven't thought about it is inconceivable to me. So it raises a question about that.
And then I worry that--and they are difficult decisions--they may conclude on balance that it's not appropriate to be seeking an adult sentence. The fact that they're putting it on the record or are required to discuss it in this way may lead to a discussion, with the judge starting to try to interfere or the media making those decisions more difficult. Although you don't have reporting of identifying information, there's non-reporting. You know, why is the crown doing this?
So I think it's inappropriate for Parliament to do this. And indeed they don't do it in any other context. We don't say the crown shall say why they're seeking a summary conviction with adult rather than indictable. We just say of course we rely on the crown to make those decisions.
While I do think the crowns certainly have some responsibility to inform, particularly victims and victims' families, about why they're making decisions, putting this on the record is not an appropriate role for Parliament. I worry that it may well lead to an increase certainly in the number of applications for adult sentences in a way that may not be appropriate.
I think our adult sentencing provisions are largely working quite well. There are some horrific cases, and some young people should have adult-like sentences, and largely do. I worry about this.
I should say, coming back.... It was pointed out that some of the proposals here--for example, about not placing adolescents in adult facilities--are very welcome. So there are some very good parts to this bill.