Mr. Speaker, I commend the hon. member for Surrey North for his contribution to youth justice through private member's Bill C-260. We should all be applauding his efforts and acknowledging the work he has done on this issue.
It bears repeating that this amendment to the Young Offenders Act would not create a general liability for parents based on the crimes of their children. The proposed amendment would make the existing offence of wilfully failing to comply with an undertaking given to a court, made in connection with a young offender's release from pretrial detention, a hybrid rather than a summary conviction offence.
The proposed amendment to the Young Offenders Act contained in Bill C-260 applies where a youth has been found to be ineligible for judicial interim release under the Criminal Code test. The current provisions of the Young Offenders Act allow such a 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 to comply with conditions set by the court. Currently, if the responsible adult wilfully fails to comply with the undertaking, he or she could be found guilty of a summary conviction offence.
The hon. member for Surrey North is proposing that the potential criminal liability for wilfully failing to comply is not serious enough. On March 11 the government introduced Bill C-68, the new youth criminal justice legislation, which would repeal and replace the Young Offenders Act. It should be noted that the new legislation makes the offence of wilfully failing to comply with an undertaking given to a court to act as a responsible adult a hybrid rather than a summary conviction offence.
An undertaking to act as a responsible adult is a serious responsibility and we have acknowledged that in the changes we have made. It applies only to youth who would otherwise be detained in custody pending their trials. We acknowledge that some may well be dangerous and difficult to control. The wilful failure of a responsible adult to comply with undertakings could have tragic consequences for members of the public, as the hon. member who introduced this legislation can attest to.
Equipping those in the system with the tools to make decisions based on the facts of the case in front of them is a key direction of the new legislation. Flexibility in the options available and empowering those in the system with a full range of tools that can be applied depending on the seriousness and circumstances of individual cases are hallmarks of the youth justice legislation.
While some favour automatic provisions and set tariffs, we believe that the discretion and judgment of those in the judicial system counts and leads to fairer and more constructive outcomes.
The bill stipulates that, in each and every case, teenagers should face sanctions that promote responsibility toward victims and the community, teach them good values and help them measure the consequences of their action.
During the debate on Bill C-260 some members have commented on elements of Bill C-68 and those comments must be addressed. The hon. member for Crowfoot claimed that the government had abandoned 10 and 11 year olds who, by their criminal acts, have signalled to society that they are in need of help and assistance.
This government does not believe that criminalizing the behaviour of 10 year olds is helpful. Child welfare and mental health systems are more appropriate ways of providing safe and effective help to disturbed children. These systems have access to a wider array of services and are more age appropriate, family oriented and therapeutic than those available to the criminal justice system. I believe there is much consensus on that in the public and here in the House.
We are not abandoning these children but are working with key partners to ensure they do not fall through the cracks but get the supervision and treatment they need.
The hon. member for Crowfoot also criticized restrictions placed on the publication of names. The proposed legislation, Bill C-68, strikes an appropriate balance we believe between two legitimate and competing values, the need to encourage rehabilitation by avoiding the negative effect of publicity on the youth versus the need for greater openness and transparency in the justice system.
Allowing for the publication of the names of youth who commit the most serious crimes while protecting the privacy of those who commit less serious crimes is an appropriate balance.
We look forward to further debate next week on Bill C-68 and the opportunity to refute suggestion made by members to criminalize 10 year olds and scrap important privacy protections for youth.
The bill before us today, however, proposes a change in the penalty structure for those who wilfully fail to respect undertakings made to the court. I agree there is considerable merit in this being a hybrid offence so that the decision to proceed by summary conviction or by indictment could be made based on the seriousness of the crime.
If we are to impress on youth that the justice system should be respected, should foster values such as accountability and responsibility and that criminal behaviour will lead to meaningful consequences, then we must apply those values to responsible adults in the youth justice system.
I thank the hon. member for Surrey North for bringing this important proposal forward and I assure him that it is included in Bill C-68.
Like a good number of Canadians, the hon. member for Surrey North has put forward proposals to reinforce the Canadian youth justice system.
Now that new comprehensive and balanced youth criminal justice legislation has been introduced by the government and that a new youth justice system will soon be implemented, we are looking forward to work hand in hand with all Canadians who, like us, want to solve the complex issue of youth crime.
We want to prevent youth crime by establishing sanctions for the broad range of criminal acts committed by young people and by helping to rehabilitate young Canadians and turn them into law-abiding adults.
Once again I want to insist on the fact that, as the member before me said, this provision existed in the Young Offenders Act. We are increasing the sentence provision in the new criminal justice act, Bill C-68. I again thank the member who brought this forward and I commend his efforts to see it become part of our new youth criminal justice system.