Mr. Speaker, first I would like to advise you that I will be sharing my time with the hon. member for Mississauga West.
I am pleased to speak to Bill C-7, especially since I have taken a keen interest in the debate surrounding the proposed reform of the youth criminal justice act.
I got involved by reading and listening carefully to the concerns expressed by stakeholders in Quebec and by meeting with concerned stakeholders at the Centre jeunesse Chaudière—Appalaches last week. I am pleased to have been able to gather additional information on the substance of Bill C-7. I have thus been able to rectify some of the ideas which have been circulating regarding the scope of Bill C-7.
I am now in a position to say that the bill, which builds on the strengths of the current act which Quebec has taken advantage of, has allowed the province not only to follow through with the elements of its approach which have proved successful, but also to improve on its approach.
To illustrate what I am saying I will review some of the fundamental principles underlying Bill C-7. In parallel I will highlight some of the opposition's criticisms.
According to the Quebec coalition, this reform is not necessary. It suggests that the problem, if there is a problem, is the result of the Young Offenders Act not being properly implemented by some jurisdictions. Data from studies carried out over the last few years and extensive consultations with the provinces, territories and various specialists in the area have identified several problems in the way the current youth justice system is working.
It bears reminding, among others, that Canada has the highest rate of young offenders in custody, the highest one in the industrialized countries, higher yet than in the U.S. It is also four times higher than that for adults. Average sentence length for minor offences is longer for young offenders than for adults.
In spite of an approach which, in many regards, is consistent with the goals of Bill C-7, Quebec is not an exception to the rule with regard to the identified problems. Quebec has the second highest rate of custody for young persons found guilty of a first minor offence. The average custody sentence in Quebec is longer than the national average and the second longest in Canada. In fact, what is surprising is that the rate of participation in alternative measures is higher in western Canada than it is in Quebec.
To solve these problems, Bill C-7 focuses on diversion measures that still aim at making young persons more responsible. Bill C-7 is based on experiments carried out in various European countries as well as in Australia and New Zealand, that show that informal measures focusing on responsibility for one's own actions and restitution have more impact than formal court proceedings not only on the level of responsibility the young person is ready to acknowledge but also on the recidivism rate, which is almost nil.
The federal government's main goal in its reform is to reduce the use of the formal system in order to fight youth crime. We are providing various options and better tools to the workers on the front line, so that minor offences can be dealt with responsibly outside the court system.
What does that mean in real terms? The opposition argues that Quebec will no longer be able to take the appropriate measure at the appropriate time to fight early signs of delinquent behaviour. The opposition uses examples of young people committing multiple shoplifting offences saying that the only possible intervention by a police officer would be a warning, thereby ridiculing police intervention and leading people to believe that Bill C-7 does not allow for effective intervention.
The most troubling thing about these remarks is that they are based on the assumption that custody can be used to rehabilitate young offenders and to turn them into responsible persons. This assumption goes against what can be learned from criminology research and what has been seen in other countries that have chosen less repressive measures to make their young offenders more responsible.
The bill favours diversion measures. These may vary, but they must be aimed at turning the young offender into a responsible person, at repairing any harm done and at rehabilitating him or her, which means changing his or her criminal behaviour as soon as it emerges.
In the case of shoplifting, to use the same example as the opposition, a police officer can exercise discretion under Bill C-7, which is not the case under the current legislation.
The police officer must first decide whether or not to make an arrest. If the decision is made to arrest the young offender, the police officer must then determine if the young offender qualifies for diversion measures or if he or she must be charged.
If charges are brought, the police officer must choose between release and temporary custody. If he or she chooses release, he or she will have to determine the conditions of such release.
If the police officer decides to make the young person take responsibility through a diversion program, he can choose, based on the circumstances of the offence and on the young offender, between a warning, a caution, a referral to a specialized educational program—for example to learn behavioural skills—or a referral to a community organization that can help the young person not to commit other offences. What is meant here is community work and other measures.
In a case of shoplifting, the police officer would probably give a warning or administer a caution after seeing that the goods were given back, to ensure that the young offender has taken responsibility and has made reparation. The warning or caution is given verbally and in writing, through a letter and a follow-up with the parents, to inform them of the young person's actions, of the measures taken and of the possible consequences should he commit other offences. This is the rehabilitation component.
Experience shows that the majority of young offenders who are subjected to this follow up do not commit other offences. Most parents take measures with regard to their young offender, thus increasing the chances for complete rehabilitation.
Such measures will be compiled in an automated retrieval system that will be accessible by other police forces through an agreement on the exchange of information. A $9 million budget was allocated to the various jurisdictions to put in place or to improve the recording and management systems of automated files.
If a young person commits other offences, the police officer can lay charges or resort to extrajudicial measures. These are more formal extrajudicial measures, ones that translate into structured programs customized to correct the delinquent behaviour, hold the young person accountable, and have him or her make amends for the harm caused.
If the police officer opts for the laying of charges, it is then up to the crown attorney to take the case before the court or to have a program of extrajudicial sanctions drawn up. Once again, there will be follow up with the parents.
Another presumption that is worrisome to opponents of Bill C-7 is the suggestion that making a young person accountable for his or her actions must of necessity involve diversion, a judge and cautions. Such a presumption ignores the powers of front line interveners and the effectiveness of their interventions, and underestimates the community's capacity to correct criminal behaviours as soon as they first manifest themselves.
Bill C-7 gives precedence to accountability outside of the formal system for less serious offences, because this is more effective and less costly, particularly since it allows intervention immediately after the offence has been committed and makes it possible for victims and communities to be involved in the process of healing and of social learning.
Obviously, such an approach requires the introduction of new tools and new resources. One might well believe that, with the $221 million offered to Quebec over five years under the youth justice services funding program, including over $25 million for implementation of the youth criminal justice act, Quebec would be in a position to establish customized programs to hold young offenders accountable, provide them with effective rehabilitation, and successfully reintegrate them into society.