Mr. Speaker, I am honoured tonight to speak to the bill moved by the hon. member for Edmonton—Mill Woods—Beaumont, a fine colleague who is doing outstanding work. This bill is just another representation of that fine effort.
Given the increasing number of our youth who are involved with drugs and this government's commitment to a national anti-drug strategy that focuses on prevention and treatment as well as broader enforcement issues, Bill C-423 is both important and timely.
The bill would amend the Youth Criminal Justice Act to allow police to refer youth charged with less serious offences to addiction specialists to determine if treatment is needed.
Too many young people get lured into drugs, succumb to addiction, and then commit minor offences to pay for their drugs. The member for Edmonton—Mill Woods—Beaumont is proposing a constructive response to the plight of these troubled youth. Their plight has long been a challenge for the youth justice system.
Many of those young people charged with criminal offences are marginalized in society and face significant problems, such as homelessness, drug or alcohol addiction, or physical or sexual abuse. The fact that some young offenders have special needs does not absolve them from responsibility for criminal conduct.
At the same time, those needs should not result in a greater sentence than is justified by the offence the youth has committed. If a longer intervention under criminal law were imposed based on needs rather than deeds, the state would be punishing the needy and not the culpable.
The limits of criminal law indicate that many are implicated when a youth commits a crime. The preamble of the Youth Criminal Justice Act recognizes that. It states:
WHEREAS members of society share a responsibility to address the developmental challenges and the needs of young persons and to guide them into adulthood;
This legislation also encourages communities, families, parents, and others interested in the development of adolescents to prevent youth crime by addressing its underlying causes, responding to the needs of young persons, enforcing disciplinary measures, and providing good guidance and support.
When the youth justice system itself addresses needs through rehabilitation, safeguards are in place to ensure that interventions and penalties are proportionate to the seriousness of the offence and a young person does not incur a greater penalty because he or she has needs.
When the youth justice system recognizes that a youth has such needs, provisions exist which allow for referrals to particular child welfare agencies. For example, section 35 of the Youth Criminal Justice Act provides that “a youth justice court may, at any stage of proceedings against a young person, refer the young person to a child welfare agency for assessment”.
This is independent of the criminal proceedings against the young offender. Whether services are provided or not is an issue for the child welfare agency and the young person.
The member for Edmonton—Mill Woods—Beaumont proposes a similar referral power for the police. The police have, through section 6, the ability to refer a youth to a program in order to reduce the chances of recidivism.
Bill C-423 would aim to broaden the application of this measure to include the referral of a youth, with his or her consent, to a drug addiction specialist to ensure that he or she is in fact a drug addict and to recommend the proper treatment for his or her addiction.
This bill also suggests that police must consider the fact that the young person has respected the terms of his or her treatment when they are deciding whether or not to pursue criminal charges.
We should question whether the threat of the criminal law could or should be used to encourage treatment in these circumstances and whether the measure respects proportionality requirements of the criminal law.
However, providing police with the express option of referring youth with suspected addictions or substance abuse problems to an addiction specialist should be supported.
Drug use among young Canadians is increasing and there is a strong correlation between drug use and other criminal activity.
An express referral option for the police might encourage a more constructive response for youth with addictions and drug problems than would otherwise be caused by simply applying criminal charges. It is important, however, that the referral of young offenders are accompanied by appropriate safeguards.
The proposed amendment will require the police to take into account whether the youth has complied with a treatment program when considering whether to charge the youth for the original offence. This component of the bill should be amended as it would render the proposed amendments vulnerable to accusations that they were inappropriately attempting to coerce treatment through the criminal law. It would be a shame to see such a generally positive reform jeopardized by this aspect of the bill.
Bill C-423, with some positive adjustments, would assist the police in connecting troubled youth with the substance abuse services they need. I am proud to stand here today and say that will support Bill C-423, with the amendments needed to ensure that appropriate safeguards are in place.
I congratulate the member for Edmonton—Mill Woods—Beaumont for taking concrete steps to help young people who have become involved with drugs and are committing crimes.