Mr. Speaker, I too rise today to comment on Bill C-37, an act to amend the Young Offenders Act.
This bill was the subject of justice committee hearings from June 23 to December 8, 1994. During these hearings, victims groups, groups of offenders, witnesses from children's aid societies, as well as representatives from judges' groups, bar associations and school boards all made recommendations to the committee.
I would like to take this opportunity to thank all of these individuals and groups for taking the time and effort to present their positions to the committee. I would also like to congratulate the members of the committee for their work on the bill during these hearings.
This bill is not perfect. No bill ever is. I believe that to understand the purpose of this bill one must first understand the purpose of the Young Offenders Act generally.
The Criminal Code of Canada sets out Parliament's goals and initiatives in the area of criminal sentencing for adult offenders. Conversely, we have enacted a separate statute, the Young Offenders Act, which legislates the sentencing process for young offenders. This is in recognition of the fact that young offenders often commit crimes for vastly different reasons than the motives behind adult crime.
The goals of punishment, deterrence and rehabilitation are often achieved through different methods with young offenders than with adult criminals. The primary difference often recognized by experts is that many young offenders have a much better chance of being rehabilitated and becoming productive members of society than adult offenders. Tied in with this is the idea that for many young offenders the commission of a crime is an isolated incident in their lives, whereas for adult offenders, the commission of a crime more often signifies a larger pattern of lifestyle.
Unfortunately, events over the past few years in Canada have shown that not all young offenders fit the stereotypical mould of a young person who in committing a crime made an isolated mistake. Perhaps the most striking example of this was the tragic death of Nicholas Battersby last spring here in Ottawa. Mr. Battersby was shot in a drive-by shooting in broad daylight just blocks away from this House. Four young offenders were accused of this crime. I believe one of these youths has already pleaded guilty to this offence.
We also hear of swarmings in Toronto. This is the term for a phenomenon where a group of youths harass and beat a lone individual, sometimes simply for the clothes he or she is wearing.
These and other tragic stories show Canadians one thing: Some young offenders, long before they reach the age of 18, have become hardened criminals and the Young Offenders Act is simply inadequate to rehabilitate them or to protect Canadians from them.
We hear stories of youth who state that they commit crimes without any worry of being punished for their acts. We hear young Canadians openly saying that they would continue to commit crimes because the punishment available under the Young Offenders Act until the age of 18 simply does not scare them.
It is with this backdrop that the Minister of Justice has brought forth this legislation, Bill C-37. I would like to speak now on some specific measures in the bill.
The first measures contained in the bill are, in my opinion, the most important and fundamental amendments to the Young Offenders Act. The amendments proposed to paragraph 3(1) of the present act send a clear message to the judiciary who are responsible for enforcing the act. The protection of society is a primary objective of the Young Offenders Act. This preamble is most important.
Much of the time, the varying goals of the criminal law are in conflict. Some measures while they contribute to the rehabilitation of offenders may place the public safety at greater risk. I am here today to say that Parliament, the judiciary and other stakeholders in this debate must never forget that the safety of the public can never be compromised.
While some measures may be seen as contributing to the rehabilitation process, these benefits must be contrasted with any threat they present to the public safety. This is the fundamental struggle of any criminal justice system. Nowhere is the dilemma more prevalent than it is with the young offenders system.
While studies and common sense dictate that as a group young offenders are much more amenable to rehabilitation than adult offenders, we have learned the hard way that young offenders can also be serious threats to the public safety. The Young Offenders Act therefore must recognize the dual and conflicting role that it must play. The amendments proposed to paragraph 3(1)(a) send a strong message to the judiciary that Parliament
expects the judiciary to consider public safety and rehabilitation when considering the Young Offenders Act.
The other amendment which this bill proposes to paragraph 3(1) is to affirm that young persons must accept the responsibility for their actions and for their contraventions. Again, the whole purpose of the Young Offenders Act is to recognize that the young persons accept this responsibility in different ways than do adults. However, they still must accept responsibility for their actions and also the responsibility of rehabilitating themselves.
On the theme of protection of public safety, I would like to turn to the amendments proposed to section 16 of the Young Offenders Act. These amendments would provide that 16 and 17-year old offenders who commit murder, attempted murder, or manslaughter would be tried as adults unless the youth court orders that the youth be tried as a young offender. Under the present Young Offenders Act an offender can be tried in adult court, but only if the crown successfully petitions the youth court for such a transfer.
Presently, a young offender who is charged with any crime will automatically be tried in youth court unless the crown can convince a judge that circumstances merit otherwise. Under this bill a 16 or 17-year old charged with murder, attempted murder, or manslaughter will be automatically tried in an adult court unless a judge, on application, can be convinced otherwise.
I know I am repeating myself but it bears repeating. This is a very important step. Effectively, a reverse onus will lie with a young offender charged with these crimes to show a judge why he or she should not be tried in adult court.
The effect of these amendments will be to increase public safety while also recognizing that in certain cases an offender charged with these offences may be best dealt with under the Young Offenders Act.
This amendment is also consistent with the principle that young persons must accept responsibility for their actions. This amendment is of fundamental importance.
The present maximum sentence available under the act of five years for a 16 or 17-year old who commits murder is inadequate. As many of us know, some young people who have committed murder openly mock this sentence.
This amendment sends a message to all Canadians and to young offenders. That message is that while there may be valid reasons for giving a young offender a second chance, a young offender accused of these serious crimes must convince the court of these reasons.
These amendments therefore address the competing interests between public safety and rehabilitation, particularly when serious crimes such as murder are at issue.
In particular, I would like to bring the attention of the House to section 16(1.1)(b) which under clause 8(1) of Bill C-37 states that when considering whether a young offender should be tried as an adult or in youth court, the protection of the public will be paramount. If the judge is unable to reconcile this objective of public protection with other objectives, then the youth will be tried as an adult. This in my opinion is an ideal method of dealing with this dilemma of reconciling the protection of the public and other objectives of the criminal justice system.
Youth crime, like any other crime, demands a reasoned response to address all the goals of a criminal justice system such as general deterrence, specific deterrence, rehabilitation and public safety. However, when the other objectives conflict with the goal of public safety, public safety must take priority over other considerations.
I therefore support the amendment whereby 16 and 17-year old offenders must show the court why they should be tried in a youth court. In fact, it is unfortunate in my view that this amendment applies only to 16 and 17-year olds. It could easily have been expanded to all young offenders with consideration of the age of the offender becoming a key consideration which a judge would consider in determining whether or not an offender should be tried in youth court. Perhaps this could be something that might be addressed later in phase two of the study on the Young Offenders Act.
In conjunction with the amendments in Bill C-37 dealing with the transfer of 16 and 17-year olds accused of murder or attempted murder, the bill also raises the maximum penalty under the Young Offenders Act for first degree murder to 10 years from five years. In addition, the maximum penalty for anyone convicted of second degree murder will be raised from five to seven years. Again, these provisions in my opinion address the concern that we live in a society where a sentence of five years is not adequate in all cases to deter crime and to protect society, or to rehabilitate the young offender.
Bill C-37 will also provide for victims of youth crime to make impact statements at the sentencing of a young offender. Too often with our criminal justice system, victims complain that they are victimized twice, once by the crime and again during the court proceedings in relation to the crime. We hear stories of victims who are not even informed of when the offender will be sentenced. Victims complain that they have no input in the criminal proceedings.
While it is obvious that the judge in any case must be the final arbiter of a case, in order to adequately dispose of a case the judge must have the representations of all the affected parties before him or her. This includes representations from victims of crime detailing the impact the crime has had on their lives. Only with this input will judges truly be able to pass a sentence that fits the crime.
In closing, I would like to encourage all members of this House to support Bill C-37. I believe it provides amendments which recognize that the Young Offenders Act must obtain a balance of rehabilitation, public safety and deterrence. Unfortunately, in some cases the Young Offenders Act as it now stands does not adequately address the proper balancing of these interests.
This bill provides an excellent start on the process of reducing crime by youth by providing for measures that will take into consideration the issue of public safety. I encourage all members of this House to realize that any criminal justice system must have as its goal the balance of the objectives of public safety and rehabilitation. This is particularly true of any criminal system designed for young persons.
While it is true that young people are much more amenable as a whole to rehabilitation, the public must be adequately protected from all crime no matter who commits it. The amendments proposed to the Young Offenders Act as contained in Bill C-37 address the balancing of these objectives. This balance is lacking in the act as it now stands.
Finally, let me add my voice to others who have mentioned in this House that this bill does not represent the whole story of reducing crime by young persons. Most of the Young Offenders Act by definition deals with offences already committed. The other half of the equation of course is crime prevention.
In order for any initiative to reduce crime to be successful, the whole equation must be looked at. The 12th report of the Standing Committee on Justice released in 1993 pointed this out. It identified that in order to reduce crime we must attack its roots such as unemployment, illiteracy, physical and sexual abuse of children, the glorification of violence, and dysfunctional families.
Studies have shown that crimes in neighbourhoods are drastically reduced when programs designed to keep youth occupied are instituted. Similarly, programs that attempt to help young Canadians get off the streets will also help prevent crime.
It is vital that the roots of crime be addressed in order that public safety is ensured. These steps in my opinion will be wise investments in the future of this country. Therefore I congratulate the Minister of Justice and the Standing Committee on Justice and Legal Affairs in taking the first steps in reforming the Young Offenders Act with Bill C-37.
I also encourage the government to continue its efforts to eradicate crime by taking the initiatives that aim at preventing crime before it is committed.