Mr. Speaker, I would like to take this opportunity to commend the hon. member for Surrey North who has introduced Bill C-260 to amend the Young Offenders Act.
As the House will know, the Minister of Justice introduced youth criminal justice legislation last week. The new legislation will replace the Young Offenders Act. It represents one element in the strategy for the renewal of youth justice which was launched last May.
I appreciate my colleague's valuable contribution to the justice committee. Indeed, he asked a number of very thoughtful questions. He was a major contributor to our victims report and largely generated many of the very good recommendations that are in it.
It is a rare day when the government recognizes a private member's initiative and adopts it as its own. In some respects it is the ultimate compliment of the government to a private member to accept their initiative and to incorporate it into legislation. I would point out that in large measure this has been incorporated into the new bill.
I refer members to Bill C-68, in particular clause 31(1), which states that a person who has been arrested may be placed in the care of a responsible person. Subclause (b) states that the responsible person has to be willing and able to take care of the person and has to, in turn, undertake that they will take responsibility for the young person. The young person, in turn, has to undertake in writing to comply with the terms of the order. That in itself is quite a scheme.
Where the bill addresses the concern of the hon. member opposite is in clause 138(1). Herein lies the change. Every person who wilfully fails to comply with clause 30 or with an undertaking entered into under clause 31(3) is guilty of an indictable offence. Subclause (b) refers to a summary offence.
The effect of the bill is to give the crown an election as to whether to proceed against the responsible person as an indictable offence or as a summary offence. It is called a hybrid offence. It is a worthwhile and laudable initiative on the part of the member opposite.
It is therefore my intention to discuss the objectives of Bill C-260 in the context of the youth criminal justice bill. The legislative response announced last week represents an important element in the government's overall strategy to address the issue of Canadians concerned about youth crime. There is no single solution, no magic bullet which will solve the problem of youth crime. Last year the crime prevention strategy was announced. Obviously the most effective answer to crime, and to youth crime in particular, is prevention.
I want to take this opportunity to address some of the nonsense that is in the news media about the responsibility of parents. My hon. friend has addressed a couple of the issues, such as parents who are accountable for recidivist youth. There is no way that is incorporated in either his bill or in the new legislation. That notion is nonsense and it needs to be said in the House.
I do not see anything with respect to vicarious liability for parental responsibility in the bill. I stand to be corrected, but I cannot quite imagine how parents are going to be held responsible for the crime of their children, vicariously or otherwise.
The bill addresses crime with respect to children and parental responsibility in clause 11 of the new bill. The bill deals with extra judicial sanctions, namely the giving of a notice to a young person that they are having some serious difficulties with the law. That does not initiate a judicial process. However, there is an obligation on the part of the police officer to, in turn, give the notice to the parent so the parent or the responsible person is aware of what is going on.
If that does not work, then the next stage falls under clause 26 of the bill where the youth is arrested. When that youth is arrested there is an obligation under clause 26 to give a notice to the parents. The notice contains the name of the young person, the charge against the young person and a statement that the young person is entitled to be represented by counsel. That is the second level of parental responsibility.
The third level of responsibility with respect to parental attendance is found under clause 27. If a parent does not attend proceedings held before a youth justice court in respect to a young person they may be, by order, required to attend. In certain circumstances they may be found in contempt of court if they fail to attend.
I suggest that these are reasoned and balanced responses to parental responsibility.
The legislation reflects this commitment to safer streets. As stated in the preamble of the bill, the protection of society from youth crime is the most important objective.
At the outset, the legislation sets out its clear goal to establish a youth criminal justice system that commands respect, fosters responsibility and ensures accountability through meaningful consequences and effective rehabilitation and reintegration.
It is easy to state, but much more difficult to put into legislation. However, I would respectfully submit that with the nudging of Bill C-260 and the response of Bill C-68 that in fact some areas of accountability and responsibility have been addressed.
In the context of addressing problems with the current youth justice system through the new youth justice legislation, Bill C-260 was taken into account. The objective of the hon. member's bill corresponds to the one objective of the new legislation; that is, to foster greater accountability.
Individuals, including persons and their parents, must be held accountable for their actions. Consequences must flow from the wrongdoing. The modifications suggested in Bill C-260 were therefore included in the new legislation.
Bill C-260 would apply after the bail criteria has been applied and the young person has been found to be ineligible for judicial interim release. In other words, the choice is whether the person wants to go to jail or whether someone is going to take responsibility for the youth. In such cases the proposed provisions of the youth criminal justice bill permit youth to be placed in the care of a responsible adult instead of being detained in custody.
The responsible adult must undertake, in writing, to take care of the young person and ensure that he or she complies with the conditions of the court. As it now stands, if the responsible adult wilfully fails to comply with the undertaking, the responsible adult could be found guilty of only a summary conviction offence. That, in certain circumstances, as the hon. member has pointed out, is woefully inadequate for this kind of criminal liability.
Bill C-260 proposes to make the offence a hybrid offence so that prosecutors have the choice to proceed summarily or by way of indictment. An undertaking given to the court to act as a responsible adult is an extremely serious responsibility. As an aside, if I were a drafter I would insist on independent legal advice.
If we are to impress upon young people that the justice system must be respected and should foster values such as accountability and responsibility and that criminal behaviour will lead to meaningful consequences, then we must also apply those values to responsible adults who play a role in the judicial system.
Throughout the proposed legislation there are measures such as the one suggested in Bill C-260 which underscore the importance of accountability and meaningful consequences. The seriousness of the crime will be reflected in the seriousness of the consequences rendered by the proposed youth criminal justice system.
The parents, police, schools and others in the community will have a significant role to play in ensuring that the young person in question understands and appreciates the gravity of his or her actions. It may be more appropriate for the young person to be accountable through retribution, community service or, in certain circumstances, confronting his or her victim. The full weight of the criminal law will be brought to bear when a crime committed warrants such consequences.
I would suggest that the hon. member can at this point bring a small measure of closure to the tragedy of his family. He has acted honourably and in the finest traditions of a parliamentarian. He brings honour to his son, to his family and to all members of this House. I congratulate him personally on behalf of the House for his initiative.