Mr. Speaker, I have the honour today to stand and address the House on an act that has responded to the concerns of Canadians, the youth criminal justice act.
Canadians are aware that the justice system as it applies to young offenders is not working as well as it should in a number of important areas, and that it needs reworking.
We know that it will take a sustained effort, involving all levels of government and many other partners, to tackle the complex problems of youth crime and to build the fair and effective youth justice system we deserve. That process is underway.
Last June the solicitor general and the Minister of Justice launched the government's national crime prevention program. Since then millions of dollars have been invested in community based crime prevention initiatives across the country dealing at the front end with the root causes of crime, with a special focus on youth at risk.
On March 11 the youth criminal justice act was introduced and I am pleased to participate in this second reading debate. Repealing and replacing the Young Offenders Act with the youth criminal justice act is the next key step in the process of youth justice renewal.
The new legislation will signal to Canadians that a new youth justice regime is in place. The new legislation reflects the messages Canadians want from their youth justice system: that it first and foremost protects society; that it fosters values such as respect for others and their property; that it insists on accountability; that it provides both violent and non-violent young offenders with consequences that are meaningful and proportionate to the seriousness of the offence; that it be a youth justice system that is inclusive, that engages Canadians in a response to youth crime, and that it does a better job of responding to the needs of victims; and that it be a system that offers hope to youth, that gives youths who get into trouble with the law a chance to turn their lives around for their sake, and the sake of their families, their communities and all Canadians.
The youth criminal justice act includes provisions for more meaningful consequences for the most serious violent young offenders. It expands the list of offences and lowers the age at which youth would presumptively receive adult sentences.
When the legislation is passed, youth 14 years and older, who are convicted of murder, attempted murder, manslaughter, or aggravated sexual assault, will receive an adult sentence unless a judge can be persuaded otherwise. The judge would need to be persuaded by the youth that a youth sentence would be adequate to hold the young person accountable given the seriousness and circumstances of the offence and the degree of responsibility, age, maturity, et cetera, of the young person.
In addition, a fifth presumptive category for repeat violent offenders would be created. Young offenders age 14 and older who demonstrate a pattern of violent behaviour would receive an adult sentence unless a judge can similarly be persuaded otherwise.
The act contains an important change to what may be the most controversial aspect of our youth justice legislation, the publication of names. The debate on this issue essentially involves 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.
The proposed legislation now before the House strikes an appropriate balance between the competing views. It would permit the publication of the names upon conviction of all young offenders who qualify for an adult sentence. The names of 14 to 17 year olds given a youth sentence for murder, attempted murder, manslaughter, aggravated sexual assault or repeat violent offences could also be published.
The proposed legislation would also, however, permit the crown to give notice at the beginning of a trial that it will not seek an adult sentence. This would mean that at the provincial or territorial crown's discretion the young person would receive a youth sentence and the young person's name would not be published.
The youth criminal justice act would also replace the current procedure for transfer to adult court by empowering all trial courts to grant adult sentences so that youth retains age-appropriate procedure protections and that justice can be provided quickly, placing less of a burden on victims and families. This will also ensure that the offender, the victim or victim's family and the community see a clear and timely connection between the offence and its consequences. Certainly in my consultations this was a very important factor for consideration.
The act contains other important reforms to the youth justice system. In response to concerns by the law enforcement community, judges will be given more discretion to admit voluntary statements by youths as evidence at their trials.
In response to the concern of victims, victim impact statements would be introduced in youth court and victims access to information regarding proceedings would be improved. Again, this is a very important aspect of the legislation.
The bill provides for an increased sentence for adults who undertake to the court to respect bail conditions involving the supervision of a young person who would otherwise remain in custody and who willfully failed to comply with these conditions.
The bill provides that provinces may recover the costs of court appointed counsel from parents and young people who are fully capable of paying.
The record keeping system for youth records will be simplified and allow for greater access by authorized people in the interests of the administration of justice and research.
The majority of young people who get into trouble with the law are non-violent and only commit one offence. Unfortunately there are too many examples in our current youth justice system of young people serving time in jail for minor offences.
We incarcerate youths at a rate four times that of adults, twice that of many U.S. states and ten times that of many European states. We incarcerate youths despite the fact that we knowingly run the risk they will come out more hardened criminals. Prison is a school for crime. We incarcerate them knowing that alternatives to custody can do a better job of ensuring that youths learn from their mistakes.
Bill C-68 includes criteria on the use of custody so that it is used appropriately.
As well, the bill includes provisions for handling less serious offences outside the legal system.
The police would be asked to consider all the options, including informal alternatives to the judicial process, before laying charges.
Police officers, the key partners in this strategy, would have confirmation of their authority to use verbal warnings to direct the young offender toward an informal police program such as a family advisory group or a more formal program requiring community service or compensation for the harm done to the victim.
While every effort will be made to reduce the overreliance on incarceration, some youths will be sentenced to custody. We acknowledge that. The youth criminal justice act includes provisions that respect an obligation to ensure that all young people, particularly the most serious offenders, receive effective treatment and rehabilitation. Successfully rehabilitated youths means fewer victims, restored families, safer schools, stronger communities and safer streets.
To this end, the bill includes an intensive custodial sentence for the most high risk young offenders who are repeat violent offenders or who have committed murder, attempted murder, manslaughter or aggravated sexual assault. These sentences are intended for offenders with serious psychological, mental or emotional illnesses or disturbances. The sentence will require a plan for intensive treatment and supervision of these offenders and will require a court to make all decisions to release them under controlled reintegration programs.
The proposed legislation makes an important reform to youth justice sentencing to foster the safe and effective reintegration of youth back into their communities.
Under the new law, judges will be required to impose a period of supervision in the community following custody. This would allow authorities to closely monitor and control the young offender and ensure he or she receives the necessary treatment and programs to return successfully to the community.
The period of supervision administered by the provinces will include stringent mandatory and optional conditions tailored to the individual.
The bill proposes a comprehensive, balanced and flexible legislative framework for youth justice. It was developed after consultation with the provinces, the police, the bar, youth justice workers, youth themselves, victims and many citizens through numerous town hall meetings across the country.
The youth criminal justice act is based on an accountability framework that promotes consequences for crime that are proportionate to the seriousness of the offence. More serious offenders could receive adult sentences or sentences of custody. Less serious offenders will be dealt with through measures outside the court process or be subject to constructive community based sentences or alternatives. The act emphasizes that in all cases youth should face consequences that promote responsibility and accountability to the victim and the community and teach good values by helping the young person understand the effect of his or her actions.
The new youth criminal justice act offers provinces and territories flexibility in choosing options in some areas. This will allow them to address the unique needs, problems and differences of their systems. Provisions in the act also recognize the important role of victims and communities in dealing with youth crime.
The next important phase of the renewal of youth justice is directed at the implementation of a new youth justice legislation. Youth justice professionals, community members and others will need information about the new system and often training. The best answers to the complex problems of youth crime lie in integrated approaches. Effective youth justice involves educators, child welfare and mental health systems, voluntary organizations, victims, families, youth employers and neighbourhood groups; just about anyone who works with or cares about our children, our communities and our country.
Additional federal resources in the amount of $400 million over the next six years have been made available to support the important challenge of renewing our system of youth justice.
The government youth justice strategy opens the door to greater involvement by the general public and professionals in youth crime, and I encourage all Canadians to get involved.
I ask members of the House to support the new youth criminal justice act so we can put in place the kind of youth justice system that Canadians are seeking, one that protects society and instils the values of accountability, responsibility and respect. We owe it to Canadians and most especially to Canadian youth.