Madam Speaker, I very much attach myself to the remarks of the previous speaker and many who have real, legitimate concerns with respect to the implementation of Bill C-7, the new youth criminal justice act, which like its predecessors, contains a very complex and cumbersome approach to youth justice in this country, one which will not achieve desired ends, that is, an attempt to bring about greater accountability and responsibility in our youth criminal justice system.
I do disagree with one comment of the previous speaker, which is that accepting this bill in its entirety would do more than bringing about a new youth criminal justice system. Certainly I think it touches on some very important subject areas which have been debated numerous times in the House. The hon. member's predecessor from Crowfoot also brought about numerous suggestions to improve the criminal justice system.
Although we are generally supportive of this private member's bill, it deals with subject matter that will be addressed by the new youth criminal justice system, particularly with respect to sentencing provisions, implementation of rehabilitative programs and early intervention. The elements that deal with the lowering of the age of accountability is something that other members, including myself, have spoken on, have presented private member's business on going back a number of years. This legislation would not, as the previous speaker indicated, be a licence to somehow hammer 10 year olds.
As members are well aware, it would simply bring about a process where the justice system could intervene at the earliest possible opportunity, particularly when it involves crimes of violence, and particularly when it involves a young person who has exhibited a longstanding record of anti-social behaviour.
At the current rate, the police, counsellors and those who want to intervene, including the young person's parents, may have to wait two years until they reach the age of 12 before the system can kick in. The response that is so often given is that there are social services provisions that can react. They do not have the sanctions available under the criminal justice system. More important, they do not have the resources. That is perhaps one of the greatest flaws of this new legislation that my friend of course did not have time to touch upon.
For all of the good that might come from implementation of Bill C-7, the new youth criminal justice act, the provinces are still left to carry the majority of the resources and the funding that would implement these rehabilitative type programs and restorative justice models. There is increasing frustration among justice officials, prosecutors, counsellors, probation officers and those who are working in the system regarding the downloading of a very cumbersome, complex bill without the resources and actual tools to implement or enact the programs which do not exist.
There are some very good programs currently operating without the involvement of the federal government, without the budget. I had an opportunity to visit Pitt Meadows and Maple Ridge, British Columbia where there is a unique, highly effective early intervention style program up and running which is based on restorative justice models. On numerous occasions when they have applied for federal funding for resources,in keeping with the spirit, pith and substance of what Bill C-7 represents, they have been told that there is no money available for such a thing. This is in advance of the government bringing in these changes. One has to question whether it is in good faith that we are going to see this legislation actually implemented.
It is unfortunate that the bill is not a votable item. In most instances I think the House would like to express its will on such an important piece of legislation.
The bill does reinforce the principle that reasonable force may be used in a disciplinary manner. This is one of a number of omnibus type bills that we see before us. We are generally supportive of these initiatives but I do not think that restating a principle that is already in existence accomplishes a great deal. Judicial discretion is sometimes absent when we make hard and fast rules about what sentences will apply and when judges will be permitted to apply them.
The existing Young Offenders Act and the proposed amendments currently before the Senate allow for a broader range of sentences on certain issues, particularly pertaining to youths aged 14 and up where a transfer may occur in a courtroom.
That is a good thing. Discretion should be broadened in certain instances, particularly for offences involving violence where judges must weigh a range of circumstances. Some offences, such as assault with a weapon, are deemed violent even when they do not result in substantial injuries.
Those types of decisions should be left to the courts. Judges should be permitted to hear from both defence and crown counsel regarding the extent of the harm that may have been caused before they make a decision to sentence a young person.
I disagree with the suggestion that we lower the application of the Young Offenders Act to age 16. There is ample evidence before the country and in the criminal justice system that youths at age 17 can still avail themselves of a diminished degree of responsibility in the court system.
With new provisions in place that allow for the elevation and transfer of young people into the adult court system it becomes redundant to lower the age of application of the youth justice system.
The private member's bill puts a number of recommendations before the House that deal with lengthening periods of probation. That is a good suggestion. In the past young people have finished their incarceration and left the closed custody of detention centres only to have no follow up or probation period on which conditions are attached. They are not ordered to avoid certain associations, refrain from the use and possession of alcohol, or stay away from individuals who may have been involved in their offence such as the victim or the victim's family.
Probationary conditions are an important part of rehabilitation and the protection of the public, which are of course the fundamental principles that must apply in any justice system. Lengthening periods of probation or making them mandatory is a good thing.
Bill C-7 would apply a new system of probation that would allow for parole and reduced sentences. That is very much a step backward. Despite its flaws the current system is consistent in the application of sentences. Young people incarcerated for a period of time know they will be there for that set time. They realize that is the sentence that has been meted out and they can avail themselves of programs. Under the new system they would be eligible for parole and early release.
This is not the route we should be pursuing. It is not the direction in which the youth justice system should be headed. It would add to the already intense cynicism that exists throughout the country regarding the light sentences often handed down by our youth court system.
The Progressive Conservative Party is generally supportive of the bill. In the past we have consistently emphasized protection of the public and meaningful sentences that bring about accountability and responsibility.
I am glad the new member of parliament for Crowfoot is a convert to the fray and is prepared to bring issues and bills such as this one before the House of Commons. The legislation if enacted would mirror the provisions of the Youth Criminal Justice Act, although not in its entirety. Streamlining legislation is something we should all take seriously.
When the impact is grave and has huge implications for a young person's life the public should have a profound understanding of what the justice system is attempting to do. The new youth criminal justice system as currently proposed by the Department of Justice would accomplish the exact opposite.
Youth and parents would be confused by the new system. We should refer to legislation such as this which is simple and straightforward and accomplishes all the principles associated with justice.