It is pretty clear that young offenders who are gang members, simply because of the transferability of some of these offences-and it is a narrow series of offences that Bill C-37 covers-that this new offence does not apply in youth court. It only applies in adult court. On the penalty, what difference does it make? Unless it applies to adults who are using youths, as they did in the Ace Crew organization, that gang that led to the torture and the death of at least one individual, and the individual was left in youth court and received only a three year penalty for manslaughter, which would have been much higher had he been transferred to adult court.
It is very clear then that this new penalty and by and large the act itself, does not apply to anyone heard in youth court.
I would ask the minister this question. If an adult was charged for committing an indictable offence, and the punishment was more than five years, and it could be proved that the individual was a member of a group, association or other body, and the other four people that made up the organization were youths, would the definition still apply?