Madam Speaker, any time I have an opportunity to discuss the Canadian youth justice system, I do not hesitate to bring my experience to the debate. I would like to commend the member for Crowfoot for his continuing diligence in pointing out to the government Canadians' overwhelming concern about the Canadian youth criminal justice system.
It is unfortunate that this private member's bill is not votable because it would once again point out the government's absolute lack of interest in listening to the concerns of the majority of Canadians with respect to the important issue of youth crime. My colleague's bill encompasses years of study and listening on the part of his predecessor from Crowfoot, Mr. Jack Ramsay; listening not only to the Canadian public but to the judiciary that must interpret the laws of the land and to those agencies most affected by the laws, such as provincial detention centres, police forces, and various educational systems to name just a few.
The bill, unlike the youth criminal justice act which the Liberal government passed earlier this year, would make the protection of society its primary focus. The Liberals on the other hand continue to put the interests of the offender ahead of the protection of society. In various ways the youth criminal justice act places the safety and security of Canadians behind the interest in rehabilitating and reintegrating the offender back into society. For example in the declaration of principle of the YCJA it lists the following order of importance: one, address the circumstances underlying the young person's offending behaviour; two, rehabilitate and reintegrate; and three, ensure the young person is subject to meaningful consequences.
The government tries to assure Canadians that the order does not matter. The order is important because it is what guides judges in their determination of how much weight to assign to specific factors. Bill C-289 would make the protection of society the primary and guiding principle of Canada's youth criminal justice laws. That is not to say that rehabilitation and reintegration into the community are not important. Obviously they are, however the security and safety of the community must be considered above all else.
There are numerous examples of how this principle could provide better protection to Canadians. One example that immediately comes to mind is the murder of a six year old British Columbia girl, Dawn Shaw. On October 24, 1992, Dawn was playing with her 16 year old next door neighbour Jason Gamache in Courtenay on Vancouver Island. Unknown to Dawn's parents or anyone else in the housing complex located right next to an elementary school was the fact that Jason was on probation for sexually molesting a young child one year previously. He dragged Dawn off into the bushes, sexually assaulted her and stomped her to death when she tried to cry out for help. He then joined in the search for her and after her battered body was found, he babysat her two siblings while her parents went to the RCMP detachment.
Even the police were unaware of his presence in the community. It is my understanding that it was only after they ran his name during the course of the investigation that he popped up on their information system. Had our youth criminal justice laws given priority to the protection of society, Dawn Shaw would be a flowering young woman today.
Any legislation that is guided by societal protection would allow the community to know when a violent offender has been released into its midst. How can parents protect their children if the law does not permit them to know the dangers that are present? Unfortunately the new youth criminal justice act follows closely in the footsteps of the Young Offenders Act by imposing numerous restrictions on the naming of violent offenders.
There are a limited number of instances in which the young person may be named to protect the community, but once again the list is restrictive and does not include all violent or dangerous offenders. The courts retain the discretion to override the identification of the offender. In the opinion of many, the courts have been excessively protective of the rights and interests of young offenders while public and community safety have become secondary. Bill C-289 would allow for the unrestricted public identification of violent young offenders. It cannot be said often enough that the public has the right to know information that will allow it to protect itself.
There are so many flaws in the current Young Offenders Act and the pending youth criminal justice act that in having only limited time to talk about the changes the member for Crowfoot is suggesting in his private member's bill, I can only touch the tip of the iceberg. Bill C-289 would lower the age of application to 10 years. Contrary to the Liberal government's spin machine, this is not only a proposition of the Canadian Alliance and its predecessor the Reform Party. The same recommendation was made in a report from the justice committee in the 35th parliament, the very report which forms the basis of the youth criminal justice act. This was a Liberal dominated committee but true to form, the government ignored it.
The intent is not to throw 10 and 11 year olds into jail. It is to make sure that those taking the first steps down the road to criminal behaviour receive the treatment and assistance they require. Far too often we see these young people falling through the cracks of the current system. Unfortunately, that will continue to be the case.
The use of alternative measures is also advocated in Bill C-289. I have mentioned many times before in this place that I fully support this approach as witnessed by my own involvement for the past seven years in the community based diversion program at home in British Columbia. It should be pointed out that although the Liberals would have Canadians believe that what they refer to as extrajudicial measures is their brainchild, Bill C-289 has been around substantially longer than the youth criminal justice act in all of its incarnations.
There is one major difference however. Alternative measures as proposed in Bill C-289 would be restricted to those charged with non-violent offences. In addition, the views of the victims would require consideration if alternative measures were being proposed.
The youth criminal justice act will make extrajudicial measures available to repeat and violent offenders. In my opinion that defeats the whole purpose. Violent behaviour demands a more formal, serious response from society. Alternative measures should be presented as a one time only opportunity for a young person who truly desires to reform.
As I indicated earlier, it is unfortunate that private member's Bill C-289 is not votable. If the current Young Offenders Act were amended according to the proposals contained in the bill, there would be no need for an entirely new piece of legislation as was passed in the form of the youth criminal justice act.
The youth criminal justice act, due to its mind-numbing complexity and failure to comply with the wishes of Canadians will in all likelihood become as much despised as the Young Offenders Act it is intended to replace.