moved the second reading of, and concurrence in, amendment made by the Senate to Bill C-7, an act in respect of criminal justice for young persons and to amend and repeal other acts.
Mr. Speaker, I am pleased to take part in this debate today. I hope that, following the vote on the Senate amendment, we will finally start the implementation phase of the youth criminal justice bill and we will all be able to appreciate the merits of Bill C-7.
As I just noted, after careful study and reflection the Senate adopted one amendment to Bill C-7, the youth criminal justice act, before it passed third reading in the Senate on December 18, 2001.
The House of Commons now has an opportunity to consider and vote on this amendment which relates to the serious problem of the overrepresentation of aboriginal youth in custody. Canada generally incarcerates youth at higher rates than all other western countries and its incarceration rate for aboriginal youth is even worse. The overrepresentation of aboriginal people in custody was an issue identified in the Speech from the Throne and is one that the government is committed to address. I therefore urge members to give serious consideration to voting in favour of the amendment.
The amendment proposed by the Senate adds a sentencing principle that is essentially the same as the one in paragraph 718.2( e ) of the criminal code. The courts will be equired to take into consideration alternatives to incarceration for all young offenders, aboriginals in particular.
This amendment is in line with the current provisions of the bill, which provide that incarceration should only be imposed as a last resort and that measures should be proportionate and appropriate to the needs of young people, in particular those of young aboriginals. The amendment also reflects the content of a provision that is already included in the criminal code in the case of adults.
It is disturbing to see such a large number of young aboriginals in detention centres. While some young aboriginals do commit serious and violent offences that may justify the imposition of stiff penalties, detention is often imposed, even for less serious offences.
Some theorize that the current system uses custody as an alternative means of addressing social or medical problems and not because the seriousness of the offence requires it. If a youth comes from a dysfunctional family or problem community, some may feel that custody will give the youth needed structure and support. If a youth has a medical condition, some may believe that a secure, structured environment is warranted. Using the criminal law power to address social and medical conditions results in a young person being punished because of his or her needs. This is simply not fair. Needs should be addressed when the youth is subject to a youth justice sentence, but they should not be the reason for more intrusive or longer sentences than the offence requires.
The sentencing principles stated in the legislation correct this situation. The principle of proportionate accountability sets the limit of a measure taken under criminal law. Within that limit, every effort will be made to meet the needs of young people. Other responsible authorities, including child protection services and children's mental health services, should be involved in the whole process, on a long term basis if necessary.
The sentencing principles and the amendment proposed by the Senate also promote the imposition of community-based sentences, while reserving incarceration for those who commit the most serious offences. Studies show that the most effective sentences to change a person's behaviour are community-based, particularly when both the family and the community are involved.
The declaration of principle in the Youth Criminal Justice Act already expressly recognizes the needs of young aboriginals. This recognition will impact on how the provisions of the act will be applied to young aboriginals.
Bill C-7 provides the legislative framework to promote constructive approaches to very difficult youth crime problems. For example, the legislation permits key decision makers in the system, like police officers, judges and correctional workers, to hold conferences to support them in making decisions.
Conferences can take many forms, but they often embrace restorative justice concepts and encourage the offender to meet with the victim, family members and community members. The youth is no longer a passive observer but hears first hand how his or her behaviour has harmed others and the community. This helps to teach young people about the consequences of their behaviour. They are participants in determining how to carry out their measure of accountability for their wrong in a way that makes sense to the victim, the community and themselves. Conferencing may have a particular resonance in some aboriginal communities because it is consistent with some traditional practices.
The amendment proposed by the Senate and the new act will provide a framework that will promote a fairer justice system that will be better suited to young aboriginals' needs.
We should accept this amendment and implement Bill C-7.