Madam Speaker, I am also very pleased to take part in this important debate which, as has been mentioned several times already, is a real tribute that the hon. member for Surrey North has paid to the memory of his son.
Aside from some of the rhetoric that tends to emerge in debates such as this, I will not say there is no merit in some of the changes that have been brought about through this legislation. However, I do believe there is also a great deal of missed opportunity when I read through some of these sections, in particular the subject of this debate under Bill C-260, parental responsibility.
This section, proposed in its current form, is very commendable. It will have an effect, one hopes, in terms of sending the proper message to parents and guardians who are predisposed to ignore the conditions put in place by a court.
However, there is a misconception about the actual effect this will have on the ability of the courts to hold a parent or guardian responsible for the actions of a young person. This is after the fact treatment. This is not the ability of the courts to have any true sanctions against a parent ignoring or abdicating their responsibilities for their young person, whether their child or a person for whom they are acting as a parent.
The wrong impression that many have is that somehow through some sanctions a person will be brought into court if their child has been accused or is being charged with an offence before the courts and that somehow the courts will actually be able to hold the parent or guardian accountable. That is not the case at all. It is important for that to be clarified.
This amendment through the new young offenders legislation will allow the courts to hold criminally responsible a parent in certain cases. For example, a young person enters the process and is released on a form of recognizance, which is merely a contract to the court to comply with certain conditions such as a curfew, non-association, an abstention from contacting a person or place or staying away from drugs and alcohol if they were involved in the commission of an offence. If that young person does not comply with those court ordered conditions and the parent or guardian who signs that contract similarly with the court is not holding up that standard, which would be expected, if they abdicate that responsibility and willfully do not ensure that every effort is made to ensure that the young person complies, then they can be charged criminally and brought into court.
This section will accomplish that. It also raises the level of accountability because it brings it from a six month maximum to a two year maximum, making it instead of just a summary offence a hybrid offence. It does accomplish that and does so with the best of intentions. The member for Surrey North should receive great accolades and great congratulations for this.
In the broader scheme we need to take a more holistic approach when it comes to youth justice. We need to ensure there is an entry level emphasis and a proactive approach taken. In order for that to happen the existing social services, child welfare and the social welfare net, need to be enhanced and up to par. Currently that is not the case.
When we talk about an integrated approach and this new legislation working cheek and jowl, hand in glove with existing legislation that unfortunately will not happen.