Mr. Speaker, to start, I would like to recognize some families from the Edmonton area that banded together on this important area of youth justice: the families of Dylan McGillis, Shane Rolston, Nina Courtepatte and Josh Hunt, all of whom lost their lives as a result of the actions of other youth in the last couple of years.
These families are part of a club of which none of us would ever want to be a part. Yet because of the way they have chosen to respond, it is the most important club of which they could ever be a part.
We cannot listen to the stories of parents without feeling compelled to act. Because of the tireless efforts they have made, and the efforts of other parents across the country, Canadians are paying much more attention to the issue of youth justice.
We cannot also listen to these parents without feeling compelled to ensure we say an extra “I love you” to our own kids before they go to bed at night. To these families, and on behalf of all Canadian parents, I thank them for not hiding their pain. I thank them for stepping out of their comfort zones and for using their grief, not as a weapon but as a motivation to ensure that other parents do not have to go through what they have gone through.
For almost 100 years, Canada has provided separate laws and procedures applicable to youth who commit crimes. The crimes themselves range from ill-conceived pranks to acts of incomprehensible violence. The alleged offender can be the child next door or a nearly adult gun-carrying gang member with a significant criminal record. The law must provide a wide range of responses to adequately hold them all appropriately accountable for the offences they commit. The sentences must be consistent with their degree of responsibility and, more important, in a manner that protects the public.
Since the Youth Criminal Justice Act came into force almost five years ago, there has been a steady decline in the number of young people charged with offences and winding up in custody. Some argue that the de-incarceration of youth has gone too far. Some believe that youth who pose a threat to the public have not ended up behind bars when they should and therefore more must be done to ensure that violent young offenders receive custodial sentences.
The government is committed to protecting communities and tackling crime committed by adolescents. In the October 16 Speech from the Throne, “Strong Leadership. A Better Canada”, our government vowed to strengthen the Youth Criminal Justice Act to ensure that young offenders who committed serious crimes were held accountable.
Bill C-25 begins the promised strengthening of our youth justice laws. The bill focuses on deterrence, denunciation and detention. Those familiar with sentencing principles for adults know that denunciation and deterrence are sentencing principles contained in the Criminal Code. It is important that society's degree of abhorrence for an offence be reflected in the severity of the penalty so the offender's conduct is denounced. Moreover, we want the penalty to send a message of deterrence to the offender and to others.
The quantum of the sentence should signal to the offender that he or she ought not commit further offences. This is known as specific deterrence. The penalty should also signal to others that they ought not to commit such offences. This is known as general deterrence.
The Youth Criminal Justice Act in its present form does not include deterrence or denunciation among its sentencing principles. The Supreme Court of Canada recently confirmed that those principles should not be read into the act, and this was an express choice made by parliamentarians.
Our government is now asking Parliament to reconsider and to make these important sentencing principles apply to youth as well as adults. The Minister of Justice has confirmed today in the House that attorneys general from across the country support these amendments. I believe these sentencing provisions will encourage the public to have greater confidence in the youth justice system, by allowing judges to apply fair and proportionate sentences that reflect these principles. This has been a part of the government's agenda for some time and we are pleased to support these proposed reforms to the sentencing principles.
Another area of the Youth Criminal Justice Act requiring immediate amendment are provisions relating to pre-trial detention of those youth who pose a danger to the public. The Nunn Commission and others have raised concerns about the adequacy of the existing provisions to deal with potentially dangerous youth who may not have a serious record but are “spinning out of control” and may well cause harm to someone prior to their trials.
The Minister of Justice spoke earlier today about the tragic death of Theresa McEvoy in Nova Scotia, a death that has sparked the Nova Scotia government to do something about out of control and dangerous youth. As the justice minister mentioned, Nova Scotia has been working hard to implement changes in its youth justice system based on the recommendations of the Nunn Commission. Some of those recommendations include lobbying the federal government for changes to the Youth Criminal Justice Act in relation to pre-trial detention provisions.
Bill C-25 is evidence that the justice minister has listened to the people of Nova Scotia and Manitoba as well. In late September the justice minister met with a delegation from Manitoba, including Manitoba justice minister Dave Chomiak, and various Manitoba police and community representatives.
The delegation brought to the minister's attention five justice issues of critical importance to the people of Manitoba. Topping the list was the issue of auto theft as Manitoba has been experiencing an explosion in joyriding and car theft by troubled and out of control teens.
The list also included toughening penalties for youth involved in serious crimes, especially motor vehicle theft. The justice minister has been listening to concerns expressed all across this country and has responded to them.
The amendments proposed today are only the beginning of a larger process of reform in this area that will hopefully do justice to the thoughtful advice received from important stakeholders in the youth justice system over the summer and fall. The longer term reform process will further strengthen and clarify the youth justice system.
I believe there is a shared imperative in all parts of this country to detain youth who pose a danger prior to their trials. The proposals in Bill C-25 are measured responses, which empower the courts to detain dangerous youth regardless of their alleged offence or criminal history.
Courts can look at all relevant factors when assessing that detention is needed, including outstanding charges that might indicate a youth is spinning out of control and posing a danger. These proposals address the concerns raised through Nova Scotia's Nunn commission and will lead to safer communities.
Canadians know all too well that people at risk can adopt a criminal lifestyle and engage in the violence and drug use that go along with that lifestyle more often than not. They want young people who commit violent crimes and threaten communities to be given sentences that reflect the seriousness of their crimes.
These communities want us to do something to prevent young people from committing these violent crimes.
It is more than evident from this government's crime agenda that we on this side of the House take the safety of Canadians extremely seriously. We fully recognize that it is important to be vigilant in safeguarding the fairness and effectiveness of our justice system, but it is equally important, if not more important, to ensure that the fundamental principle of our justice system is the protection of society.
I applaud the justice minister's announcement that this government will launch a comprehensive review of the Youth Criminal Justice Act in 2008. I understand that the review is specifically being done to address concerns and criticisms regarding various provisions and principles of the Youth Criminal Justice Act and to ensure that our youth criminal justice system fairly and effectively holds young offenders accountable for criminal conduct.
I urge my fellow parliamentarians to support Bill C-25, which proposes amendments to the pre-trial detention provisions and adds deterrence and denunciation as sentencing principles under the Youth Criminal Justice Act.
In my opinion, these amendments will strengthen our youth justice system, allay public concerns that dangerous youth are not being dealt with appropriately, and result in safer communities.