Mr. Chairman, as in every other case, if the court decides not to transfer the young person out of youth court, then the Young Offenders Act penalties apply.
As the hon. member knows, in Bill C-37 we took the most serious crimes of violence and changed the transfer provisions. We said in Bill C-37, which is now the law of this land, that if one is 16 or 17, namely at the upper range of the age limit covered by the Young Offenders Act, and is accused of one of the most serious acts of violence-and we included murder, attempted murder, manslaughter, aggravated sexual assault-then that person will be tried in adult court unless the person can satisfy the burden of showing to the satisfaction of the judge that it is consistent with the public interest that they be tried in the youth court.
That was to demonstrate that we are not going to tolerate serious crimes of violence from young people and we are going to react to it with swift and certain punishment.
If the youth is transferred to adult court, then that youth is of course subject to all the adult penalties. In connection with Bill C-95, that is the 14 years for explosives, for example, the 14 years for the participation in the criminal organization offence, that is the extended period where the youth cannot apply for parole, that is consecutive sentences if the youth is sentenced for other offences as well. If the youth is transferred to adult court, that youth faces those very significant sanctions. But as in any other case, if the prosecuting attorney does not seek a transfer-of course, that is up to the provincial crown attorney-or if the court says it will not transfer the youth, then that youth is subject to the Young Offenders Act in youth court and the maximums under that statute apply.