Madam Speaker, I am delighted to speak in this debate and to point out some of the misinformation from the Reform member opposite. I do not think it was deliberate. Perhaps it was only the lack of time on the part of the member for Medicine Hat to read the entirety of the bill or to fully understand what is contained in the bill. He referred to the fact that there was nothing about an authority for the police to exercise extrajudicial measures for example, and I will speak to that.
I hope to cite the specific sections in the bill for the information of the member and so that the greater public may be fully informed as well.
Before I do that let me just say by way of preamble that Bill C-3, the new youth criminal justice act, was introduced in the House earlier this year precisely to fulfil the government's commitment. The bill was introduced by the hon. member for Edmonton West, the Minister of Justice and Attorney General of Canada, to replace the Young Offenders Act. We have something here that is new, in fulfilment of the government of Canada's commitment to reform the youth justice system in Canada for the betterment of our society.
In the interests of youth and all concerned, we would like to distinguish better between violent and non-violent offences, to provide appropriate measures to deal with both levels of offences, to strengthen efforts to rehabilitate our young people who committed these crimes and to encourage the use of effective, meaningful alternatives to custody for non-violent offences committed by our youth.
Indeed, this bill addresses some of the concerns raised by the hon. member for Medicine Hat. I hope he will take this into account in his further commentary on the bill.
Let me also add that this bill was developed after extensive consultation with provincial and territorial officials, front line workers in the field, police, legal professionals, judges, members of the academic community and non-governmental organizations. What that means is that following extensive consultations with all these groups of individuals, what we have in this bill in a real sense is the distilled wisdom of these experts on this issue. This bill also has built in respect for federal and provincial jurisdictions, that is, flexibility on the part of any province to give it part of its own creation, so long as it fulfils the thrust of the total bill itself.
I remind the House that when the bill was tabled earlier this year by the Minister of Justice and the Attorney General of Canada, she said: “Canadians want a youth justice system that protects society and instils values such as accountability, responsibility and respect. They want governments”—meaning all levels of government—“to help prevent youth crime in the first place and make sure there are meaningful consequences when it occurs”. The new youth criminal justice bill has been designed precisely to achieve these goals.
Before I go to the principles of the bill, let me define so that it is clear in the minds of Canadians what we mean when we speak of youth. In this bill youth refers to a child and to young persons. The difference between the two is defined clearly in this bill in clause 2, Interpretation. It states:
“child” means a person who is or, in the absence of evidence to the contrary, appears to be less than twelve years old.
“young person” means a person who is or, in the absence of evidence to the contrary, appears to be twelve years old or older, but less than eighteen years old—
We have a very clear understanding of what we are speaking about in terms of the ages encompassed in this bill.
Now I will speak to the general principles of the bill itself. There are four principles. It is very critical that we let Canadians know about the principles, because when we understand the essence of the principles, we understand better the thrust of the bill itself. I am convinced that when members opposite truly, fully understand and acknowledge the beauty of the principles, no more criticisms will emerge.
The first principle is that the principal goal of the youth criminal justice system is to protect the public by preventing crime, by addressing the circumstances underlying the offending behaviour of young persons, by ensuring that young persons are subject to meaningful consequences for their offences, by rehabilitating young persons who commit offences and by reintegrating them into society. Who can quarrel with the first principle of the bill to protect the Canadian public by those various means?
The second principle is that the criminal justice system for young persons must be separate from that of adults and emphasize the following: first, by fair and proportionate accountability that is consistent with the greater dependency of young persons and their reduced level of maturity; second, by enhanced procedural protection to ensure that young persons are treated fairly and that their rights including the right to privacy are protected; and third, by greater emphasis on rehabilitation and reintegration. Who would disagree with this principle that recognizes the difference between a youth and an adult, between a child, a young person and an adult?
The third principle is that within the limits of fair and proportionate accountability the measures taken against young persons who commit offences should: first, reinforce respect for societal values; second, encourage the repair of harm done to victims and the community; third, be meaningful for the individual young person; fourth, respect gender, ethnic, cultural and linguistic difference; and fifth, respond to the needs of young persons with special requirements. The essence is self-explanatory.
The fourth and last principle is that special considerations apply with respect to proceedings against young persons in particular. In this principle we see very clearly that the bill addresses the interest of the accused because that is the Canadian judicial principle. It also addresses the issues of victims and the concerns of parents.
We have here a bill that addresses the totality of what we ought to do were we to really advance the cause of the youth justice system in Canada.
With respect to extrajudicial measures, the following principles are very clearly stated on page 7 of the bill in clause 4, which I will read for the record:
(a) extrajudicial measures are often the most appropriate and effective way to address youth crime;
(b) extrajudicial measures allow for effective and timely interventions focused on correcting offending behaviour;
(c) extrajudicial measures are presumed to be adequate to hold a young person accountable for his or her offending behaviour if the young person has committed a non-violent offence and has not previously been found guilty of an offence; and
(d) extrajudicial measures should be used if they are adequate to hold a young person accountable for his or her offending behaviour—
The extrajudicial measures have been designed to provide an effective and timely response to the offending behaviour, encourage young persons to acknowledge and repair the harm caused to the victim and the community, to encourage families of young persons including extended families and the community to become involved in the design and implementation of those measures, to provide an opportunity for victims to participate in decisions related to the measures selected, to receive reparation, and to respect the rights and freedoms of young persons proportionate to the seriousness of the offence.
In this new youth justice act we have truly the essence of Canada. Lastly, if I may conclude on this point, even warnings, cautions and referrals may be done not only by police officers, which the member for Medicine Hat thought was lacking but is in the bill, but also by prosecutors.