Mr. Speaker, before I proceed to speak to Bill C-7, the youth criminal justice act, I would like to take this opportunity to commend my colleague from Surrey North for his prompt and critical review of this rehashed piece of legislation.
As a new member of parliament in this 37th parliament, I also want to commend him for the wealth of information that he made available to us, especially in the justice committee, and for the many times he has helped us out. We appreciate that. I would also like to commend him also for his diligent efforts over the last three years in holding the Liberal government accountable for its failure to bring about immediate and substantive changes to the young offenders act.
My Alliance colleague lends credibility to this debate. He turned a personal tragedy, the death of his son, into a crusade. Starting with the establishment of a new group called CRY, crime, responsibility and youth, the member for Surrey North succeeded in drawing attention to the inadequacies of the youth justice system and its failure to hold young people responsible for their criminal actions.
Since his election to the House in 1997, he has utilized his wealth of information and exercised diplomacy while working with members of all sides of the House to amend bills, especially those bills that preceded Bill C-7.
I also congratulate the member for Provencher for his election to the House and for his appointment as lead justice critic for the Canadian Alliance.
The former Manitoba attorney general's speech earlier this month clearly demonstrated his experience and knowledge regarding the Young Offenders Act. I also appreciated his references to federal-provincial financial agreements and how they have come to play a part in the bill.
In June 1997 the justice minister promised to make amending the Young Offenders Act a priority. Nearly three and a half years later Canadians are still saddled with an ineffective law that has failed to adequately hold young people accountable for criminal behaviour. In 1997 the minister realized the need to amend the act. She said, and it was publicized, that it was clearly the most unpopular legislation in Canada.
More than five years ago, following the 10th anniversary of the Young Offenders Act, the Standing Committee on Justice and Legal Affairs initiated a review of the justice system. After months of cross country hearings, submissions and presentations by people with a vested interest in youth justice, and at a cost of almost half a million dollars, the committee tabled a report in April 1997. The report contained a number of recommendations to amend the Young Offenders Act.
In dissent, the Canadian Alliance presented a minority report which contained a number of recommendations we believed were important. Unlike those of the committee, my party's recommendations dealt with and fell exclusively within federal jurisdiction.
Unfortunately I do not have time to go into all the recommendations and details of our report. However I will use my allotted time to deal with some of the more important or significant points of it.
The most important recommendation was to make the protection of society the guiding principle of the youth criminal justice act. We live in a time when individuals, boards, committees and businesses are all looking to come up with a mission statement or guiding principle which, as they focus on the direction they are taking, they can keep in mind.
The top priority and guiding principle of Bill C-7 needs to be the protection of society. Appearing before the Standing Committee on Justice and Legal Affairs in October 1996, Mr. Victor Doerkson, a member of the Alberta legislature for Red Deer South, said:
In listening to Albertans, one lesson became very clear. The protection of society should take priority over all other considerations and there must be accountability on the part of all offenders—Alberta also recommends that the declaration of principles within the act be amended to give the protection of society and offender accountability priority over all other considerations.
The member of the legislature, who spoke on behalf of many Albertans, said the people were telling him that protection of society must be the guiding principle. Bill C-7 does not do that. It does not, as recommended by the Alberta MLA and many others who appeared before the standing committee, make protection of society the first and guiding principle of the youth justice act.
According to the declaration of principles, safety and security of Canadians is secondary to the rehabilitation and reintegration of the offender back into society.
The Juvenile Delinquents Act came into effect in 1908. It created an informal juvenile justice system that was separate from the adult system. The guiding principles of the Child Welfare Act were that young offenders were not criminals but rather misguided children in “a condition of delinquency”. Because of that condition of delinquency they were not to be punished. They were rather to be treated. That was the guiding principle of the Juvenile Delinquents Act.
Under the Juvenile Delinquents Act there was no specific sentencing and the judges had very significant discretion in dealing with young offenders. This meant that in some jurisdictions judges handed out extremely stiff sentences, including periods of incarceration for fairly minor crimes, while in other jurisdictions light sentences of open custody were given to violent offenders.
This is unfair. It is unfair to the offender. It is unfair to the victim. It is unfair to the public at large as there was no guarantee in the law that the offender would be incarcerated.
Recognizing that the exclusively welfare oriented focus of the Juvenile Delinquents Act was not appropriate and to reduce judicial discretion, the process of reforming the Juvenile Delinquents Act began in the 1960s. It was not, however, until the early 1980s with the introduction of the famous charter of rights and freedoms that major juvenile delinquent reform became inevitable.
The Juvenile Delinquents Act was inconsistent with the emphasis on due process that was in the charter. In particular, it was considered to be contrary to section 15 of the charter of rights and freedoms which came into effect in 1985. Section 15 guaranteed equality before the law.
Besides failing to make the protection of society the guiding principle in the bill, it would also effectively enact the contentious portion of the Juvenile Delinquents Act that wrongfully promoted an inequitable application of criminal law, in that it would provide far too much discretion to the youth courts.
We on this side of the House do not accept the Liberal government's chequerboard approach to the justice that appears to be at the very crux of the youth criminal justice act. We also do not accept the minister's outright rejection of what I consider to be the next two most important principles or recommendations of my party for amending the Young Offenders Act.
The minister has again refused to lower the age of criminality to encompass 10 and 11 year olds in limited circumstances. She has rejected allowing for the publication of the names of all violent offenders. The only way to ensure the safety of our children and grandchildren is to provide parents with the names of violent and dangerous offenders.
We do not have that right now. I listened with great interest to speech of the parliamentary secretary as he elaborated on what may happen if we had those rights. As parents, we need to know who in the school systems, for example, may be threatening our children or perhaps those in schools associating with our children that they need to be careful of. The only way to ensure the safety of our children and grandchildren is to provide the names of these children.
Also the bill does not, and I believe it should, allow the names of drug dealers to be put on that list. This category of offender has wrongly been missed in the new legislation.
Many Canadian schools, including public schools, are faced with serious troubles. We had representation from the school trustee boards that came around and visited with many members of parliament in the last week. They expressed the need to know who the students are in the school systems that perhaps have been through violent offences or are in trouble with the law.
Drugs are a serious problem in schools. According to a 1999 special edition of the province in Burnaby, British Columbia, police are seeing 13 and 14 year old kids selling crack cocaine. The report went on as well to say that girls of the same age were trading sex for drugs.
The same report revealed that 75% of high school students in Coquitlam, B.C., experiment with drugs. An estimated 10% of them misuse drugs on a regular basis and up to half of them have become addicted.
We as parents have the right to know who our children are associating with. We have the right to know if a convicted drug dealer is attending school with our children. We have the right to know if there is a violent young sex offender living three or four houses down the street.
We have the right to know. We must have the right to protect our children. That is why we on this side of the House believe that the names of violent offenders, including drug dealers, should be published.
With regard to lowering the age of criminality to 10, Professor Nicholas Bala of Queen's University, who appeared before the standing committee on justice, summarized a Statistics Canada survey of 27 police forces in Canada.
The data indicated that offending behaviour by children under the age of 12 was very significant. Despite this fact, authorities are powerless to hold these children legally responsible for their criminal actions. Although a number of provinces have a child welfare system that can and does deal with these children adequately, many provinces do not have such a program. Repeatedly witnesses came before the standing committee on justice and bore witness to the fact that violent offences with a welfare response was inappropriate.
Lowering the age to 10 does not mean that there will be a huge influx of 10 and 11 year olds into the system. It does not mean that we will be inundated with 10 and 11 year olds as they are drawn into the justice system. The system can divert most children of this age away from any formal response, particularly with the support of alternative measures or community based programs.
By amending the age we will in the very few cases of violent offenders have the means to provide these children with the rehabilitation they need. As it stands now, the minister has abandoned 10 and 11 year olds who by committing criminal acts signal that they are in need of help.
As we researched a speech for an earlier debate in the House we noticed that many criminals were taking advantage of the fact that 10 and 11 year olds were not touched by the justice system. They were drawing them in to be drug runners in other ways. If these people are falling through the cracks they need to be helped.
Appearing before the standing committee during its indepth review of the Young Offenders Act, in reference to lowering the age, a representative from Citizens Against Violence said:
Preferably I would like to see the age in the Young Offenders Act lowered to 10, because there's a mindset among today's youth who are becoming well educated in the criminal field that they cannot be touched under the age of 12—We would like to see the age lowered so that the kids themselves know they have to face responsibility for their actions.
The last recommendation I should like to touch on today is the need to differentiate between non-violent crime and violent crime for the purpose of sentencing. We on this side of the House recommend that the minister restrict the use of alternative measures or community based programs to non-violent offenders who pose no threat to society.
We firmly believe that only through lengthy periods of incarceration, where there are effective rehabilitation programs including education, will violent offenders cease to be dangerous.