Evidence of meeting #54 for Justice and Human Rights in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was mccuaig.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Murray Rausch  Reeve, Rural Municipality of Beaver River
Thérèse McCuaig  As an Individual

3:35 p.m.

Conservative

The Chair Conservative Ed Fast

I call the meeting to order.

This is meeting number 54 of the Standing Committee on Justice and Human Rights. Today is Monday, March 21, 2011.

Before we get into our agenda, there has been a request that we add one item to the agenda, which is consideration of committee business. Is there is any objection to adding 15 minutes to the end of our meeting? That would be 15 minutes before the end of the meeting, after we've considered the draft report on organized crime.

There are no objections? Okay. We'll tack on 15 minutes at the end for that.

If you look at your agenda, you'll see that we're continuing our review of Bill C-4, An Act to amend the Youth Criminal Justice Act and to make consequential and related amendments to other Acts.

Just as a note, during the second hour we will go in camera to continue our drafting of the organized crime report.

We have with us two witnesses on Bill C-4. First of all, coming all the way from Saskatchewan and the Rural Municipality of Beaver River, we have its reeve, Murray Rausch. Welcome.

We also have with us, as an individual, Ms. Thérèse McCuaig. Welcome to you as well.

I think you've been told that each of you has 10 minutes for your presentation. Then we'll open the floor to questions from our members.

Reeve, why don't you start?

3:35 p.m.

Murray Rausch Reeve, Rural Municipality of Beaver River

Honourable members of the committee, I want to thank you for the invitation to appear before you today.

Currently I serve as reeve for the Saskatchewan Rural Municipality of Beaver River No. 622. Our municipality is the most northerly of the organized municipalities along Saskatchewan's western border with Alberta. We are located in close proximity to the 4 Wing Canadian Forces base in Cold Lake. I also serve as chair of the North of Divide Community Association, a progressive and cooperative partnership of five urban and three rural municipalities promoting positive growth and common goals for a thriving, safe, stable, and sustainable region.

In contemplating the circumstances that bring me before you this afternoon, I conclude that the RM's letter of November 2010, sent to your attention, was significant. I can assure you that this letter was significant to RM council and represents their genuine concern and support for your important review.

In my preparations for today's address, I recalled the words of Alberta family and youth courts judge Herb Allard, who was recently interviewed on CBC radio and said, “I'm tired of opinion from people who have never been through the courtroom door”. Then, as I was preparing for this, I also came upon similar words from Judge Allard in writing: “I never saw one of them in my court. I was a judge for 36 years and I never saw one of them, ever, in my court”.

I must admit that I would be among those who would contribute to Justice Allard's tired state, but I trust that my council's keen interest in and concern for safe, viable communities, together with a positive relationship with our local RCMP detachment—

3:35 p.m.

Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Mr. Chair, could you ask the witness to speak more slowly? The interpreters cannot keep up with him.

3:35 p.m.

Conservative

The Chair Conservative Ed Fast

I think they're asking you to maybe slow down a little so that the translation can actually be heard properly.

3:35 p.m.

Reeve, Rural Municipality of Beaver River

Murray Rausch

Okay. Sorry.

3:35 p.m.

Conservative

The Chair Conservative Ed Fast

Thank you.

3:35 p.m.

Reeve, Rural Municipality of Beaver River

Murray Rausch

Nonetheless, I have resolved to make more personal visits to the courts to observe proceedings and gain a broader insight into the challenges they face.

Council's letter made reference to patterns that we sensed are possibly symptomatic of the current legislation and apparent hesitance to place custodial sentences on young repeat offenders. These include a perceived tendency and/or obligation to discount or render inadmissible the substantial cumulative records of young repeat offenders; a tendency to grant repeated escalating periods of probation or community-based sentencing, resulting in the immediate return of the young offender to the dysfunction of his or her existing situation, together with the transfer of supervisory responsibilities to the RCMP; the creative use of case law to complicate proceedings and exploit investigative and/or preparatory weaknesses; and repeated long-term adjournments whereby the offender is placed back on conditions between appearances, leading to further breach charges and additional appearances before the court. Unresolved charges subsequently accumulate, and the young offender now is dealing with many more charges than before.

Having not always witnessed the above-stated tendencies or patterns on a first-hand basis, I went in search of a regional example from court records available within the public domain that could serve to support council's concerns.

One example I encountered consisted of a formidable five pages of charges levelled upon one area individual covering a time period from November 2008 to February 2011 and representing some 53 individual charges. Eleven of the charges related to theft of a motor vehicle, sometimes over $5,000 and sometimes under or equal to $5,000. In most cases these motor vehicles appeared to be all-terrain vehicles. Many of the other 42 charges related to the reckless or haphazard operation of these same vehicles. While studying this young offender's record, I noted that this youth received a charge of impaired operation, blood alcohol over 0.08%, on September 12, 2008. This youth was not convicted until August 10, 2009, almost 11 months after the event.

In spite of a considerable previous record, this youth was sentenced to probation, with conditions, together with a one-year driving prohibition and the condition that the offender attend a treatment program. Through the ensuing year's driving prohibition, this offender then managed to accumulate no less than three additional all-terrain vehicle convictions, with fines, 20 Criminal Code convictions, and five charges under the Youth Criminal Justice Act, resulting in four convictions and one stay of proceedings.

This young offender's record actually continues with an additional 15 charges, and frankly, I must admit that I lost the audit trail. However, the portion of the trail that remained abundantly clear to me was that the majority of those stolen ATVs belonged to my friends and neighbours residing within the RM. The reckless and, on one occasion, the impaired use of these vehicles undoubtedly led to anxiety and loss of value for the owners, while posing a very real threat to public safety.

Clearly, this particular example of dysfunction in itself represents countless hours of preparation, research, and documentation as each of the 53 charges worked its way through the system. If cloned by even a small handful of similar-minded young offenders, the pattern could quickly overwhelm the limited resources of our local RCMP.

The point that RM 622 council wishes to make here is that we support the proposed overhaul of subclause 2(3) of the bill as it would potentially apply to chronic repeat young offenders.

Within the health system, there exists a program known, I believe, in general as “early intervention”. Such a program focuses on early detection and remediation of developmental issues in preschoolers. The program provides assistance to youngsters who have challenges related to such conditions as language development or, possibly, patterns of irregular speech. It seems logical that a program of early intervention would have many potential benefits for young repeat offenders and for society in general.

The need for intervention and meaningful remediation was addressed by the aforementioned Judge Allard in his CBC interview of December 15, 2010, in which he spoke of the need to address the separation of offenders from society where necessary to assist with meaningful rehabilitation of offenders. To be aware of the experience of our American neighbours, in this interview the reference was to the State of Texas, where it was found that mandatory sentences in and of themselves did not necessarily result in a decrease in the rate of crime.

Meanwhile, within our RM's jurisdiction, much of the probationary supervision of young offenders appears to default to the RCMP. Our council recognizes our local detachment's outstanding efforts in addressing the underlying conditions that contribute to the dysfunction of young repeat offenders. Our local detachment's work includes round table discussions with community leaders, promotion of social reform and family unit counselling, facilitation of human resource teams that can contribute to positive youth development, and identification of strategies that discourage offenders and recognize positive attitudes and behaviour.

To summarize, I respectfully suggest that our RM council supports the principle of society's protection as a fundamental goal of legislative amendments; supports the simplification of rules to keep violent and repeat young offenders off the streets, when necessary, while awaiting trial; supports the concept of examining the pattern of escalating criminal activity to seek a custodial sentence when necessary; supports the imposition of custodial sentences for reckless behaviour that puts the lives and safety of others at risk; supports change to the youth bail system to stop the revolving door approach that can occur for some chronic offenders; and, finally, supports treatment programs and/or meaningful bail plans tailored to stop offending behaviour and address public safety concerns.

Amidst this request for orderly management and simplification of delivery, we recognize that the system must address the variable needs and the diversity that make this great nation who we are. In his book Bad Medicine: A Judge's Struggle for Justice in a First Nations Community, retired Alberta provincial court judge John Reilly suggested that “The fundamental purpose of sentencing is that of contributing to a just, safe society”.

In this endeavour, please be assured that you have our respect and our support.

Thank you.

3:45 p.m.

Conservative

The Chair Conservative Ed Fast

Thank you.

We'll move to Ms. McCuaig for 10 minutes.

3:45 p.m.

Thérèse McCuaig As an Individual

Good afternoon.

Thank you for having me.

Thank you for inviting me to appear today.

In 1995 my 17-year-old grandson, Sylvain Leduc, his two little female cousins, 16 years old, and Sylvain's friend were kidnapped from Sylvain's home by a street gang named Ace Crew. Of that gang, the five that I know of who were in court were young offenders. The others were 18 and over.

The youths were placed in the back compartment of a Jimmy van, beaten upon, threatened, and told they would be beaten so badly that people in Ottawa would be afraid to walk the streets, and they made good on their promise. They drove them a half-hour distance away. In that car, someone kept loading and unloading a shotgun over their heads, telling them they were going to die. “Today's Wednesday; today's a good day to die”, they told the victims. In that car was a 15-year-old who was the head of the gang. He was controlling the show. He was 15 years old.

When they arrived at the building, the victims were taken out one at a time. In that car was a 25-year-old, a 24-year-old, a 19-year-old; they were the bad guys who were going to show the young ones how you deal with people who have offended you. They were brought in one by one, but in that apartment, in all, there were 12 people.

When the victims were brought in one by one, it was the young offenders who opened the front door and immediately tied them hand, foot, and neck, gagged them, and blindfolded them. One of the children was placed in a closet where green garbage bags had been taped up and down the walls and on the floor, to put their dead bodies into. My grandson was dragged off into the master bedroom. Another boy was placed in the washroom, and another young girl was dragged into the master bedroom with my grandson.

They took turns, many of them--sometimes two, sometimes three at a time--beating Sylvain to death. While some were doing that, others were burning my niece with a curling iron set on high. They burned the back of her calves, the back of her knees, the back of her shoulders. Then they flipped her over and two of them removed her jeans, her panties, and two others held her legs open and a young lady held her head down while they violently raped her with this curling iron. The young girl passed out, and just as she came to, she heard Sylvain gasping for breath as he died.

A man who lived one floor down, thank God, had heard the children being taken in at gunpoint. He hid behind his curtain and waited until they were all brought in and he called 9-1-1. The police arrived, and when they did, all the accused ran--all 12 of them. The police managed, just through smart perception, to detain four or five of them in the lobby while the older ones ran.

It angers me so much to even think of this and to tell you this: the police would have arrived probably in time to resuscitate Sylvain, but those young people in the lobby refused to tell the police which apartment to go to, so it took 45 minutes for them to find Sylvain. By then, of course, it was too late.

The young lady was taken by ambulance to the hospital, where she remained for three months. The doctors did not know how to treat her, as they had never seen this before. A team of professionals was put together, and they managed to save her womb--her body, in other words. They saved her life.

The other young boy was in the hospital with a concussion and severe depression for a whole month. The other young lady went into psychiatric care, where she remains to this day.

These crimes were horrific, horrible, and shook up Ottawa for sure, most especially members of our families. Three families were affected. You can imagine the grief, the hate, and the rage.

I made it my business to attend court. I had to laugh when you mentioned that a judge had said that these people had never been in his courtroom. Well, I have been in a courtroom for the last 15 years. In our case it took two years to try everyone, or off and on, three years. After that I became a victims' resource person with the office of Victims of Violence. I've attended many court hearings, trials, preliminary hearings--you name it.

In our case, at the time the law said you could not...I am going to use the word “punish”, which was never used, as you don't punish anyone for committing crime: you deter them; you make an example of them, and so on. That's for adults. For the young people, I was told, the only thing the judge has to consider is their rehabilitation into society.

Oh.

I remember the day my daughter went to the funeral home to make arrangements for her son's funeral. She could not afford a nice fancy funeral, of course. I remember her touching this beautiful urn. She wanted that urn for her son so badly. Of course, we could not afford that urn. I was so enraged in that funeral home, thinking that those people should be paying for the funeral. They should be made responsible at least for the funeral, but there was no such thing.

In court we were given a form, a victim impact statement on how this crime has affected you. On the reverse side it asked if you were claiming for damages and so on. I said, “Yes, by Jesus, yes. I am claiming for a funeral. I am claiming for an urn. I am claiming for a telephone answering service which the people used to make threats to us in our home. I am claiming for changing the locks on the door”. It was never, ever considered by the judge, because, I guess, young offenders are untouchable. They don't have to pay anybody. They don't have to apologize. They could not even apologize in the courtroom.

Before sentencing, the judge asked them whether they had anything to say. They laughed at us throughout the trial.

It was there that I found out how, at the time, the Young Offenders Act worked over the years. I was stunned that young people can commit crime after crime after crime. It does not matter. They always get probation, more probation, and more probation. Until they physically hurt someone, there is no time in jail. There is no time in jail unless they've committed a violent act.

During our trial the mother of the 17-year-old girl who held the girl down while she was being burned came to court. She was a responsible mother, a good mother, who had been begging the police for three years to put her daughter in jail. She was uncontrollable and violent. She hurt people. The police kept saying to her that there was nothing they could do until her daughter committed a violent crime. Out of desperation the mother said, “Yeah?” She pushed her daughter around until the daughter broke her mother's arm and kicked her in the stomach. Finally, the mother had grounds to have her put away. Even then it was only for one week.

I remember very well that young lady was told to not be in the company of another certain young lady because she had a criminal record. That young lady breached and breached and breached that condition. She would actually attend court on those breaches with the same young lady.

She was 17 years old and she had a history dating back to age 13: trafficking drugs, beating on police officers, smashing the window in a squad car, spitting on officers, resisting arrest, and having to be pepper-sprayed to calm her down long enough to arrest her many, many times--and still they would only put her on probation. There was no deterrence, no accountability.

I'll tell you right now that what really angered me was that these children were not poor or living difficult lifestyles and so on. Some of the parents were schoolteachers, some were doctors, and yet you and I, ladies and gentlemen, paid for their legal aid. I said, “How do you explain that to me, when you have parents with such nice jobs and high incomes, and we are paying for their legal aid?” Once the parent washes his hands of the child, we have no choice. How wonderful.

I also found out, which again enraged me, that during their stay in jail—it took a year and a half to get the trials over with—they're allowed to collect family benefits, the baby bonus. I questioned that. I wrote to the people in charge, and they said, “Oh, yeah, well, until they're found guilty, they're allowed to keep this money”. The criteria for this benefit are that you live at home and go to school. They're living in jail and refusing to go school, and yet still they were able to claim that money, and every week they'd get an allowance if they had been good that week.

3:55 p.m.

Conservative

The Chair Conservative Ed Fast

Ms. McCuaig, you're a little over time.

3:55 p.m.

As an Individual

Thérèse McCuaig

Oh, I'm sorry.

3:55 p.m.

Conservative

The Chair Conservative Ed Fast

How much time would you need to wrap up?

3:55 p.m.

As an Individual

Thérèse McCuaig

Oh, two days!

I am completely in favour of this bill. The one that touches me the most is deterrence. We're not keeping our youth in jail long enough to treat them properly so that they don't go on to commit more violent crime. These people I'm talking to you about have all been rearrested. One has been declared a long-term offender. They have offended and offended. You know why? They were really doing well in their second year in jail, and then it was release time. One more year and they would have succeeded in turning these youths around. Unfortunately, the sentence isn't there.

I'll leave you with that.

3:55 p.m.

Conservative

The Chair Conservative Ed Fast

Thank you so much.

We'll begin with the Liberals. Mr. Murphy, you have seven minutes.

3:55 p.m.

Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Thank you, Chair.

I want to thank the two witnesses for being here.

I'll start with you, Ms. McCuaig.

It's an incredibly compelling life situation that you've lived, and on behalf of the Liberals, and I think all committee members, we feel so bad and sorry for your family's situation.

I want to thank you, Reeve, for being here. I'm a former municipal fellow, and I understand that the municipal level is the first line of democracy. You often hear what people are thinking first before it goes--it depends on how you look at it--up or down the line to Parliament and to legislatures.

I want to thank you both for being here. I have just a couple of questions.

The first is to you, Reeve Rausch. I wonder if you could elaborate on some of the comments you made in your very cogent presentation. You referenced the State of Texas as an example of a regime in which mandatory minimums were not efficacious, were not productive. I think that's what you said. I want you to elaborate on that.

The second question I have for you is this. You agree wholeheartedly, or the RM does, that the protection of society should be an important principle of the act. I want you to respond to this comment. It's a little ambiguous currently as to what the YCJA's overriding principle is, but suffice it to say the amendment proposed by this bill would make the protection of society the primary--the only--principle. Would you therefore agree that making it an--an--important principle, on a par with rehabilitation and public safety and all that sort of thing, would be a wise approach, rather than making it just the primary principle?

4 p.m.

Reeve, Rural Municipality of Beaver River

Murray Rausch

I believe council does support the idea of making it the primary principle, sir, yes. To elaborate on what the ramifications of that might be, we'd probably have to give it some careful thought too, but yes, it's a guiding principle. Whether or not that constitutes the primary principle at the same time, it needs to be the predominant guiding principle, in our minds.

4 p.m.

Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

The first question was about the mandatory minimums. You referenced it very briefly.

4 p.m.

Reeve, Rural Municipality of Beaver River

Murray Rausch

Yes, I did. To be aware of the experience of our American neighbours, the reference was to the State of Texas, where it was found that mandatory sentences in and of themselves did not necessarily result in a decrease in the rate of crime.

I think he was speaking to the need to consider carefully programs that would support rehabilitation and that would potentially also, when deemed appropriate by society, keep these young offenders out of the mainstream if necessary. That was my interpretation of what the judge's comments meant within the context of that interview.

4 p.m.

Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Okay.

Ms. McCuaig, first of all, let's say there's no question that victims deserve more respect in the situation that you presented, obviously. What we're grappling with here is that we don't have the whole picture at this committee. We don't do the costing, and there's no law here about the implementation of rehabilitation programs or early intervention to get at dysfunctional situations beforehand. It's just the way our system is. We deal with the end consequences, with the sentence phase.

To focus on that for a moment--because I agree with everything you've said with respect to stopping crime before it gets to be a problem in the family--with respect to deterrence, your comment was that the time of incarceration wasn't long enough in some cases. I gather that what you're saying is that the longer the serious offenders, like the ones you mentioned, stay incarcerated and receive programming or some sort of regimentation or something, the better the chance that they will be, to use your phrase, “turned around”. To “turn the youth around”, in my thought, is code for “rehabilitate this person”.

Victims should also be afraid that criminals get out. We have to be worried, as a group, about what we are turning out if we just put them away and leave them there. I think that's our biggest worry. The solution of taking them out of the population is a short-term solution if it's only for a year or two or even three. Do you agree, then, that the programming in incarceration is a pretty important piece of the puzzle there?

4:05 p.m.

As an Individual

Thérèse McCuaig

Yes, absolutely.

In 1995, with the way the law was, the most you could get for manslaughter was three years. It took 14 months to get them to sentencing. Did you know that within that 14 months, they are not obliged to have psychiatric help, not until they are found guilty? They can refuse all that help.

What happened in our case, and I'm sure in many others, was that psychologists and psychiatrists could not force treatment upon these youths, so at half the term.... They were sentenced to three years, but after 18 months they were finally found guilty, and that left another 18 months to deal with them, or with one of them, anyhow. However, the first thing you know, he's up for review. Oh, then he can have weekends off, and if he has been pretty good, the judges might let him off and send him to open custody.

Today there's no such thing as open custody. From what I understand, it's three years for manslaughter, and you can go home after 18 months. Where's the treatment? Where is the incentive to turn your life around? This is not right. If you plea bargain second-degree murder to manslaughter, you're getting away with 18 months' incarceration for second-degree murder. We have to think about this. We should think about this seriously. That's not enough time to....

I spoke with a psychiatrist who's always on television. He's very well known and is always speaking on youth, youth crime, and so on. I asked him, “What do you do, sit in your office and figure out, okay, three years is proper to turn a youth around and rehabilitate him?” He said yes to that.

I asked him if he knew that the system lets them out after 18 months. He said, “What?” I said, “It must be so frustrating for you people who are doing good with the youth and he's starting to come around, and whoops, it's go-home time”. He said, “Oh, yes, it happens all the time”.

So what are we doing? What are we doing here?

4:05 p.m.

Conservative

The Chair Conservative Ed Fast

We'll go to Monsieur Ménard for seven minutes.

4:05 p.m.

Bloc

Serge Ménard Bloc Marc-Aurèle-Fortin, QC

Your testimony has really struck a chord with me. I think this case is simply horrific. I'm having a hard time understanding that the courts in your region acted as they did, and the cases weren't even appealed.

I would like to know where you're from, as you didn't say.

4:05 p.m.

As an Individual

Thérèse McCuaig

I live in Ottawa. All the crimes took place in Ottawa.

4:05 p.m.

Bloc

Serge Ménard Bloc Marc-Aurèle-Fortin, QC

So, they occurred in Ontario.

Mr. Rausch, if my understanding is correct, you were a judge for a fairly long time. Is that right?

4:05 p.m.

Reeve, Rural Municipality of Beaver River