I don't agree with the change that is proposed to paragraph 39(1)(c). The reason for that is that 39(1)(c) is the gateway to custody. If we were talking about the judge being aware of them, that would be one thing, but it seems that we're loosening the conditions that allow the judge to put the youth in custody.
It's no longer a pattern of findings of guilt; it's a pattern of findings of guilt and extrajudicial sanctions. A middle ground, and it might well be a very appropriate middle ground—I would have to think about where it was going to be used and how—is that the judge would be aware at sentencing of the various kinds of things having to do with extrajudicial sanctions. But I think putting it in as equivalent to findings of guilt in proposed paragraph 39(1)(c) is wrong.