Mr. Speaker, the three motions which have been grouped together are consequential in nature.
Motion No. 2 flows from the creation in Bill C-37 of two additional repositories. One is the special records repository which is referred to in clause 32, page 25, proposed section
45(2), and the other is the fingerprint repository which is referred to in clause 32, page 27, proposed section 45(3).
These two repositories will permit the RCMP to store records for additional periods of time. The provisions however require a more limited access than the general repository of the RCMP. The amendment will clarify the point in time at which the records may be transferred from the general repository to the special repositories. The existing scheme already requires a crime free period of behaviour before a youth's record may be subject to destruction.
The scheme in Bill C-37 prolongs the period that records of certain offences will be detained as further precaution. In effect, the records from the general repository are moved to a more restricted repository once the young person has met specified conditions set out in section 45(1) as amended by clause 31 of Bill C-37. The time periods for retention in the general repository were amended in Bill C-37 to generally correspond with pardon periods applicable to adults.
Motion No. 3 flows from the Bill C-37 changes to the record provisions which allow for shorter retention periods for less serious offences and require longer retention for more serious offences. These retention periods will apply to the records of young offenders dealt with prior to the coming into force of Bill C-37.
The effect of the motion is to require young offenders who have received absolute or conditional discharges or have been found guilty of a summary conviction offence to apply for the destruction of their records if they wish the shorter time periods to be applied to them. The conditional discharges were not legislatively provided for in the Young Offenders Act but were introduced into Bill C-37. This motion includes conditional discharges as some judges ordered them.
This measure will allow eligible youth the benefit of early destruction of their records. It is also resource efficient and will avoid the necessity of a mutual case by case search through the existing data bank which could cost well in excess of one million dollars.
For a youth whose records will come into existence following implementation of Bill C-37, the process will be automated and no application by the young person will be required.
With respect to Motion No. 4, like the other two it is consequential in nature. It flows from the motion passed by the committee at the committee stage which removes aggravated assault from the list of offences which trigger presumptive transfers. The option of seeking to have a case involving this charge transferred to the adult court remains open to the crown or course.
The effect of section 45.02(2) is that records relating to murder and to any of the presumptive transfer offences may be kept indefinitely in a special repository of the RCMP.