Madam Speaker, last night I listened with interest to an address given by Justice Lilles of the Territorial Court of Yukon to a conference self-named Youth Justice in Crisis. Judge Lilles used the opportunity to argue that in his view the present system is working quite well and that tougher measures are not the answer.
Indeed, we have heard those sentiments expressed here today in this House.
The only solution this judicial expert offered was that kids should not be taken out of the home and that families in communities ought to be empowered.
In her summation of his talk, the conference co-chairman asked the participants the rhetorical question how do we combat the let's get tough attitude.
Canadians need to realize that the current youth justice system has energetic defenders within the system. Some of these people are so strongly opposed to substantial change that the word "combat" comes naturally into their discussions.
The conference is named, Youth Justice in Crisis, but the word crisis does not appear to be applied by participants, certainly not by Judge Lilles, to describe the failures of the system. Rather the crisis seems to be that some people want to change the existing system.
The demand for change, it is stated, must be "combated by those within the system". If the youth justice system itself
really is in crisis, Judge Lilles defence of the present system did not indicate that he felt any sense of crisis.
Unfortunately this is the view our political decision-makers all too often appear to be influenced by. For too long we have bought the line we heard yesterday in the House that, "crime is caused by poverty, dysfunctional families, abused children and hopelessness". Why do we persist in feeding this kind of nonsense to rational human beings?
Members of the House have personally suffered from degrees of poverty, dysfunctional families, abuse and have at some time or other in their lives suffered from feelings of hopelessness. What made us law makers rather than law breakers? On the other hand how can we explain the fact that many offenders are from homes where they are comfortably well off, loved and cherished and have unlimited opportunity?
Simplistic rationales for lawless behaviour just do not help the situation we find ourselves in today. Yes, we should work energetically to combat poverty, family breakdown, abuse and loss of spiritual stability. However these realities have never been and will never be eradicated completely. We have to offer help to members of our society who have been wounded by such circumstances but make it abundantly clear that these factors will not make us tolerant of violations of the rights, safety and security of law-abiding citizens.
What is at the root of the current public concerns about the justice system in our country is not the level of crime so much as the lack of firm and unequivocal response to it.
When my home was broken into and thousands of dollars worth of hard earned goods stolen, the police told me: "It was probably juveniles and even if we catch them it will do little to solve the problem because we have seen third time convictions for break and enter get off with probation".
Canadians are concerned that the message keeps going out to our youth that disrespect for the rights of others and resulting crime is a low risk activity. Canadians are outraged and now frustrated to hear our law makers and law enforcers say openly and consistently to youth who threaten others' property and safety: "Do not worry. We are just here to help you, not make things unpleasant for you. We really understand it is not your fault. If you had a nicer home or parents or community we know you would not do those things".
What Canadians want to hear from our law makers and justice system is this. "We know life is tough sometimes and it hurts. We want to help. But let us get something straight right off. You do not hurt other people or their property. We do not allow that. If you choose to violate that simple standard of our society the personal consequences to you will be unpleasant. Harming others' property or lives is a high risk activity in our society. It is something we just do not tolerate".
The present Young Offenders Act sends just the opposite message to young offenders. It says: "Whatever you do we will pretty much excuse you and not hold you personally responsible. Instead we will challenge your home, family and community to meet all your real and perceived needs so you will want to be a nice person. Providing of course that they do not give you any physical discomfort or do anything to lower your self-esteem or interfere with your freedom to act on your own opinion and values". Increasingly young people in our society are expressing frustration at the lack of responsible and appropriate societal values and limits. Fortunately many, even the majority, continue to be given those needed societal constraints by their homes and the larger community. Most young Canadians are decent, responsible, law-abiding and a credit to their families and to all of us.
As they struggle to make good choices in the stress and challenge of a rapidly changing world, we need to affirm our approval and appreciation for their hard work and self-discipline. An important way to do this is by demonstrating the opposite response to unrestrained, disrespectful and unlawful acts by their peers. Since they are most at risk from youthful criminals, at the very least we owe them simple, personal protection and safety.
These are the reasons I support the motion before the House today. The chief of police for the city of Calgary, my own city, Chief Borbridge, has confirmed that the Canadian Association of Chiefs of Police supports lowering the age of operation of the Young Offenders Act to those under age 16, as has been proposed.
Over half of young people charged with violent offences are aged 16 to 17 at the time of the offence and violent offences involving youth have increased significantly since the Young Offenders Act was passed into law.
I do not believe that the Canadian public is asking for an unconsidered swing to harsh, punitive measures that are devoid of compassion or uncaring about the need for rehabilitation. However it is very clear that they want a great deal more accountability in the youth justice system. They want young offenders held accountable to society. They want the rights of law-abiding citizens protected. They want to take the fun and thrill and ease out of threatening the property and safety of others. They want the consequences for deliberate lawless choices to be strong and unpleasant enough to inject a healthy dose of caution and disincentive into the minds of youths considering offending the rights of others.
We can legitimately debate the nature and quality of such consequences. However there is no doubt whatever that the vast majority of people we all represent, the people who sent us here,
the people who are footing the bill, want changes in that direction.
I suggest we do our job as law makers in responding to the demand for greater protection. This motion is a small step in the right direction. I urge members to give it their support.