Mr. Speaker, after listening to my colleague from Saanich—Gulf Islands and my colleague from Portneuf one gets a good sense of the divide that has come to this difficult subject of youth justice. That is why I believe the government has in this bill found a balance between the two sides of the divide that I think all Canadians will ultimately appreciate.
I would like to focus on one of the most important areas of the bill, that is, the area dealing with youth custody and supervision. Although one of the main objectives of the bill is to ensure that custody is not overused, it will of course still be used in appropriate cases, such as those of violent offenders and repeat offenders who have not complied with previous community sentences.
The bill contains a number of significant changes to ensure the youth custody system operates so that youth who serve time in custody do not return to the community in a situation that is worse than when they left.
Underpinning the whole bill is the belief that young people can be rehabilitated and successfully reintegrated into the community. The focus of every custody sentence will be on reintegration, on ensuring that public protection is increased by measures aimed at assisting the young person so that he or she will not reoffend. This reintegrative approach is in everyone's best interest.
One of the most significant changes is the requirement that every period in custody is to be followed by a period under supervision in the community as part of the sentence. The judge, when imposing time in custody, will clearly state in open court the portion of the sentence to be served in custody as well as the time to be served in the community under supervision and subject to conditions. This is a very important requirement as it increases the transparency of the youth justice system and makes it clear that a part of the sentence to be served is to be served in the community.
This increases public confidence in the system, as a decision as to when the youth should return to the community is stated in open court by the judge. The judge will also make it clear that a youth who is serving the community portion of a sentence must comply with conditions and that if they do not they can be brought back into custody to serve the remainder of that sentence.
Before discussing the supervision period in more detail, I would like to speak in support of the government motion that would provide for increased judicial discretion in setting the community portion in relation to the most serious offences.
Under the bill, young people can receive youth sentences consisting of a period of custody followed by a period of supervision in the community. This can occur either through a custody and supervision order that sets the time in the community at one half the time in custody or through specific sentences whereby the judge sets the proportion in custody and in the community. The bill currently provides for this judicial discretion in regard to youth murder sentences and intensive rehabilitative custody and supervision sentences.
The government amendment would provide for judicial discretion to set the community portion of the sentence in a manner that is similar to that for murder sentences, where the offence is the attempt to commit murder, manslaughter or aggravated sexual assault. These offences, along with murder, are the most serious violent offences. It is appropriate that a judge have discretion in setting the custody and community portions in these serious cases, as well as for murder.
I would like now to turn in more detail to conditions that apply to the young person serving the community portion of a sentence. The bill contains a list of mandatory conditions, such as keeping the peace, good behaviour, and reporting requirements, that apply to a young person while under supervision in the community. Further, the bill provides that additional conditions can be imposed which address the needs and manage the risk of a particular young person.
The supervision and support in the community will be provided by youth workers. The extent of the contact with youth will depend on the individual case. It will vary according to the needs of the youth, degree of risk posed and the program for support and supervision that is put in place.
The conditions to be imposed cover a full spectrum and include: (a) conditions to establish structure in the youth's life, such as school attendance, place of residence, employment and curfews; (b) conditions that prohibit factors associated with the youth's offending behaviour, such as not associating with members of a certain youth gang or abstinence from drugs or alcohol; and (c) conditions that encourage law-abiding behaviour, such as attending substance abuse programs, counselling or participating in community service programs.
Elements of support would also be encouraged by the youth worker to assist the youth's reintegration, including such things as family counselling, finding educational and employment opportunities, mentors and community supports for the youth.
I would like to speak in support of proposed government amendments which clarify and reinforce that the period under condition in the community is not just for the purpose of supervising the young person to see whether or not he or she complies with the conditions, but also to provide support to the young person and to help meet their needs during their critical transition from custody to the community.
When a young person fails to comply with a condition while under supervision in the community, reviews will be conducted which may mean a change in conditions or which can mean that the young person may be apprehended and brought back into custody. After a review by the youth justice court the young person can be ordered to serve the rest of the community portion in custody. There is an onus on the young person in this situation.
Each sentence with a custody and supervision portion is made subject to the possibility that the young person will not serve the community portion if they present a serious risk of endangering the community. The youth justice court may order that the young person remain in custody for a period not exceeding the remainder of the sentence, if it is satisfied that the young person is likely to reoffend before the expiry of the sentence by causing murder or serious harm to another person or for sentences other than murder where the conditions that would be imposed on the young person in the community would not adequately protect the public against offences against the person.
A judge will make it clear to everyone at the time of sentencing that if a court considers the young person to be a danger to the public, he or she will not be released into the community to serve the community supervision portion of the sentence but will continue to serve the whole sentence in custody.
Looking at part 5 of the bill, we find, for the first time, a legislative statement of the purpose of the youth custody and supervision system as well as the principles that guide it. The emphasis is on contributing to the protection of society through safe and humane custody and supervision and through programs that assist the young person in effectively reintegrating into the community.
As I noted earlier, reintegration is a key component of the bill and supports the protection of society by reducing recidivism through guidance and support of a youth during the critical period when he or she returns to the community.
Also, among the amendments tabled by the government is one that will make it clearer that the principles in the declaration of principles should be taken into account when it comes to making a decision on the custody and supervision order.
Another measure that supports the reintegration of youth is the bill's requirement for a reintegration plan. When a young person goes into custody, a youth worker will work with the young person to plan for his or her reintegration into the community, through preparation of a reintegration plan that sets out the most effective programs for the young person in order to maximize his or her chances for successful reintegration into the community. When the young person is serving the community portion of the sentence, a youth worker will supervise the young person and provide support and assistance to the young person in respecting conditions and implementing the reintegration plan.
It is clear that the custody and reintegration provisions of the bill, strengthened by the amendments proposed by the government, will work in practice to increase long term public protection by assisting in the reintegration of a young person into the community following custody. It is for these reasons that I am pleased, along with my colleagues, to support the bill, because after all, it does indeed put the young person first.