Justice Committee on March 7th, 2011

[Stephen Woodworth, Conservative, Kitchener Centre, ON]

I noticed in the original submissions from back in June a statement regarding the question of deferred custody sentences.

Since Mr. Greening addressed this aspect, I'm going to ask him this. The availability of such a short sentence option for serious offences is a matter of very significant concern. Time and again, people appear before us and say that sentencing, meaning jail, is not a deterrent and that longer sentences are not a deterrent, particularly with youth.

I happen to agree with you that the change you're addressing is important, but I'd like you to help us articulate what we can say to those folks who are only worried about deterrence. Why do you feel that the short sentence option for serious offences causes serious concern? What is it that brings you to that point?

[David Greening]

To clarify the point, it's not the existing provision and the existing period of time, but rather the change in scope that what I would term the unintended amendment or consequence would bring.

[Stephen Woodworth, Conservative, Kitchener Centre, ON]

I'll stop you there and let you know that I understand that by changing the definition of a serious criminal offence we are going to expand the range of offences for which a deferred sentence is available. You don't think that should be happening, and I just want you to articulate why you don't.

[David Greening]

I think the issue is that if that's allowed to proceed unchanged, then you will have a different character of youth--a more dangerous character of youth--who would now be able to serve those sentences in the community.

[Stephen Woodworth, Conservative, Kitchener Centre, ON]

Why should they have to serve them in jail?

[David Greening]

The two issues are that there would be a determination as to the threat they pose to the community. In some cases, if it's an out-of-control youth or a youth who is violent and can't be managed in the community, custody may be the only option to protect the public. The second issue is public confidence in the justice system.

[Stephen Woodworth, Conservative, Kitchener Centre, ON]

All right.

[David Greening]

Maybe I don't need to elaborate on that, but it's the issue that if a youth is charged with a serious offence--an aggravated assault in which somebody has lost an eye, for example--the public will not understand that this youth can walk the street the next day, even though they may be under a form of house arrest. It's just something that completely undermines the faith of the public in the justice system.

[Stephen Woodworth, Conservative, Kitchener Centre, ON]

Thank you very much.

[The Chair, Conservative, Ed Fast]

Thank you to all of our witnesses. I'm glad to have you back. I think your testimony has been very helpful as we move forward and as we start to plan some amendments to this act.

Thank you.

We are adjourned.