If I don't jump into the sort of broad issues, you should take it, witnesses, that we've been around the board on this. There are significant differences on many of the large issues between the government and this side—denunciation. I want to hone in on some very particular items.
First of all, I want to thank you all for coming. I've read your briefs and heard your submissions, and I will be getting to specific questions on the use of extrajudicial sanctions in section 39 of the act as amended.
I first want to say, though, to the CBA representatives that we appreciate your brief. It was thorough. You properly paraphrased Justice Nunn’s recommendations as calling for the protection of the public not as the only and primary goal but as one of the goals and objectives, and that is what the Nunn report is all about. Opposition MPs might try to pigeonhole you into saying something else, so be careful.
I also very much appreciate your discourse, sensitively put, about Sébastien's Law. Of course, we all feel for that family. The fact, however, is that the legal outcome—as you say in your brief—was appropriate in that circumstance, and this serves a little bit to exploit the situation, so the short title of the bill is—we give a shot across the bow to the government—something we might be objecting to.
Now what I want to get into is a matter of legitimate concern, and we could go either way on this one: the use of extrajudicial sanctions in the consideration of the judge and the amendments in Bill C-4 to paragraph 39(1)(c) of the YCJA. Essentially I am paraphrasing here, but it says a judge, in deciding whether to commit the youth to incarceration, can now consider extrajudicial sanctions.
I think, Dr. Bala, you have made the point, and so have you, Ms. White, that the judge already has the ability to consider that in the case where a pre-sentence report is prepared, which shall include the history of extrajudicial sanctions and compliance therewith.
My question for all of you is, why is paragraph 39(1)(c) amended here to include extrajudicial sanctions? Is it necessary? Is it piling on? Is it for greater clarity? What can you see is the purpose for reiterating it? Or is there a legitimate concern that even though the pre-sentence report has to have this history in it, the judge does not have to take into account what's in a pre-sentence report?
Can you comment on that? Maybe we'll start with Ms. White.