Mr. Speaker, Motions No. 1 and 3 would allow a province to opt out of the youth criminal justice act and continue to apply the Young Offenders Act. Although some have questioned the need for new youth justice legislation, it is apparent that most Canadians feel that the Young Offenders Act is not working effectively as a legislative base for the youth justice system in Canada. More than 16 years with experience with the Young Offenders Act backs up the perception that there are many real problems with the law.
The proposed youth criminal justice act would address key problems with the Young Offenders Act. It does not reflect the coherent youth justice philosophy. Its principles are conflicting and do not effectively guide decision makers in the youth justice system. It has resulted in the highest youth incarceration rate in the western world per capita, including that of the United States. It has resulted in overuse of the courts for minor cases that could be better dealt with outside the courts. It has resulted in disparities and unfairness in sentencing. It fails to ensure effective reintegration of a young person after being released from custody. Its process for transfer to the adult system has resulted in unfairness and delay. It fails to make a clear distinction between serious violent offences and less serious offences. It fails to recognize the concerns and interests of victims.
The proposed youth criminal justice act effectively addresses these problems in a manner that also provides considerable flexibility for the provinces to implement the legislation to reflect local needs and circumstances. However there are appropriate limits to this flexibility. The youth criminal justice act is founded on federal criminal law and criminal procedure power. There should be only one youth criminal justice law operating in Canada and fundamental legal principles would be respected.