Okay.
Now, this question is a little bit technical. I'm going to ask the other witnesses too.
At some point in our hearings, it suddenly hit me that I was starting to see things over again, a kind of déjà vu. At some point it hit me what the déjà vu was. It was back when Parliament adopted the principles of sentencing, the first time we codified them. It was back at some point in the early nineties, 1990-something. The committee did a substantial amount of work at that time.
Ms. Illingworth, what I was remembering, as we go about amending the YCJA, is we're starting to see the general sentencing principles of the Criminal Code show up here almost word for word in the YCJA. As I recall, it was never the purpose of the YCJA. If all we're going to do under the Youth Criminal Justice Act is readopt the provisions in the Criminal Code, what's the point of having separate sentencing principles for young people? What's the sense of having a separate system?
I'm going to go through this by chapter and verse so you can understand my perspective. In the YCJA now, subsection 38(3) lists about six principles in determining sentencing. If you just read them in reverse, it starts to look an awful lot like section 718 of the Criminal Code, which is the purpose of sentencing. You just read them in reverse. I'll go through it.
Paragraph 38(3)(b) looks like subsection 718(f) in the main code.
Paragraph 38(3)(c), dealing with reparations, looks like paragraph 718(e) in the Criminal Code.
Paragraph 38(3)(d), with the same words changed around a little bit, looks just like paragraphs 718.2(b) and 718.2(c).
Paragraph 38(3)(e), on previous findings of guilt, and paragraph 38(3)(f) relate to paragraph 718.2(a), which deals with aggravating and mitigating circumstances.
Then we add denunciation, which is just like paragraph (a) of section 718.
Then you add deterrence, which is the same as paragraph 718(b).
It's as if we've gone right back to square one with our sentencing principles.
I'll put this to all the witnesses: is this what we've done as a society--gone full circle and come back to where the sentencing principles for young people are now starting to emulate the principles that we use to sentence adults? Is that where we are? Is that where you want to be? I'll ask you that as witnesses, and I'll stop there.