Mr. Speaker, I thank the member for Saskatoon—Humboldt for the opportunity to answer his question.
The government is a strong supporter of equality and fairness for all Canadians. For the first time, Parliament set out the purpose and principles of sentencing in 1996.
One of the new principles found in section 718.2(e) of the Criminal Code is that all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders with particular attention to the circumstances of aboriginal offenders.
The need to consider restraint has been given increased importance as a result of Canada's high rate of incarceration when compared with many other industrialized nations and especially among aboriginal Canadians.
While codified for the first time in Bill C-41 in 1996, the idea of encouraging restraint in the use of incarceration is not new. A white paper was published under the authority of the Minister of Justice in 1982. It stated that restraint in the use of imprisonment have been endorsed by numerous other commissions and in various law reform reports.
There is a longstanding concern by this government and the Parliament of Canada with the overrepresentation of aboriginal people in the criminal justice system who are overrepresented in virtually all aspects, not just with respect to crime rates. Rates of offending, charging, incarceration and victimization are higher for them than for the non-aboriginal population. However the causes of this overrepresentation involve complex social and economic factors of poverty, addictions and disadvantage. They are also historical and not easily dealt with.
The purpose of including a specific reference to aboriginal offenders in the Criminal Code, 1996 and more recently in the Youth Criminal Justice Act, 2002 was to signal Parliament's concern over the especially high aboriginal incarceration rate and the socio-economic factors that contribute to this. It was to require sentencing judges to be sensitive to these matters. It was also for judges to consider the appropriate use of alternative sentencing processes including restorative, culturally sensitive approaches such as sentencing circles, healing circles and victim-offenders mediation.
In the process leading up to the passage of the Youth Criminal Justice Act in February 2002, Parliament carefully considered and agreed that young persons should have the benefit of subsection 718.2(e) of the Criminal Code that applies to aboriginal adults. The Senate refused to pass the Youth Criminal Justice Act without a similar provision for aboriginal young persons. The Minister of Justice agreed with the amendment.
After debate in the House, the Youth Criminal Justice Act, including the amendment, was passed. It should be noted that these provisions do not necessarily mean lighter sentencing. Sometimes being dealt with by a restorative justice program may even be more difficult, not just for the offender but also for the victim, family members and other community members.
The government is also focusing on programs that address the whole continuum of crime and aboriginal peoples so that long term changes will result, for example, funding of programs for aboriginal peoples through the national crime prevention program, the aboriginal justice strategy, the native court worker program, and youth justice. The government is committed to working with aboriginal peoples to ensure that changes result.