Mr. Speaker, I am extremely pleased to rise in this House to speak to a bill as important as Bill C-25, An Act to amend the Youth Criminal Justice Act.
A few months ago, my colleagues in the Liberal caucus, especially the hon. member for Notre-Dame-de-Grâce—Lachine and the hon. member for Yukon, spoke in this House about the Liberal Party's serious concerns about the direction this government is taking by adding denunciation and deterrence as sentencing principles that a court may consider when imposing a sentence on someone convicted under the Youth Criminal Justice Act.
In previous debates, the House has heard a lot of discussion around how the Youth Criminal Justice Act could be improved.
I think all members would acknowledge that the Youth Criminal Justice Act is a significant improvement over previous legislation, the Young Offenders Act, for example. Legislation as important for the protection of the public, as the Youth Criminal Justice Act, from time to time needs to be examined, to be updated and to reflect the different circumstances that may lead Parliament in its wisdom to make amendments.
This bill proposes to do two things. It proposes to add denunciation and deterrence as sentencing principles that a court may consider when it imposes a sentence on someone convicted under the Youth Criminal Justice Act. It also facilitates the use of pretrial detention in cases where a youth has committed a violent crime, has breached current conditions of release or has been charged with an indictable offence for which an adult would be liable for a term of imprisonment for more than two years and has a history which would lead the court to conclude that there is a pattern of findings of guilt.
Those of us in the Liberal caucus, who have looked at the legislation, have concluded that the government has gone a considerable distance, and in a positive way, to deal with the breakdown in the system, particularly around pretrial detention of some of the most violent young offenders.
This aspect of the bill merits considerable approval in the House. It attempts to strike the right balance between protecting the public and also recognizing that the objectives of rehabilitation and integration are obviously important when dealing with a young offender.
Where we have some considerable difficulty, however, is with respect to the government's intention to introduce deterrence and denunciation as principles in sentencing of young offenders.
Many colleagues have spoken in the House about a report done in Nova Scotia by Justice Merlin Nunn, following a tragic incident in the province in 2004 involving the death of a woman, Theresa McEvoy, who was killed in her vehicle by a 16-year-old person joyriding in a stolen car at the time of this tragic incident. At the time, the particular young offender had been released by a court despite having 38 criminal charges filed against him.
In June 2005 the Government of Nova Scotia called a public inquiry to look at how the charges against that youth were handled and issues relating to why he was in fact released, which led to the tragic death of Ms. McEvoy. Justice Merlin Nunn was named by the Government of Nova Scotia to conduct this important inquiry.
Those of us in the Liberal caucus, who have spoken previously on the legislation, have urged the government not to simply cherry-pick from Justice Nunn's report, as it has attempted to do in the bill, but to look in a comprehensive way at all the recommendations made by this eminent Nova Scotia judge, who had extensive public hearings and who considered a wide range of issues. From our perspective, Justice Nunn made a number of very thoughtful recommendations to rebalance the legislation to deal with such difficult issues as pretrial detention of violent, repeat young offenders.
The bill focuses only on a partial response to some of the recommendations made by Justice Nunn.
In his report Justice Nunn talked about finding a better balance in the Youth Criminal Justice Act in terms of focusing on rehabilitation and integration. Justice Nunn does not believe that the concept of having denunciation and deterrence as important sentencing principles will lead to a better balance and to modernizing the Youth Criminal Justice Act. The Conservatives are attempting to introduce these elements in sentencing, which to some extent import adult sentencing principles into youth criminal justice legislation.
Section 718.1 of the Criminal Code, dealing with adult sentencing, addresses the issue of proportionality. The Youth Criminal Justice Act has had a different set of values when considering sentencing, and we have some hesitancy in seeing the government move toward adult sentencing principles of the Criminal Code as they would apply to the Youth Criminal Justice Act.
As I said a minute ago, of the two elements in the bill, there should be broad support, and certainly in our caucus, around the issue of pretrial detention, allowing the court to impose pretrial detention on some of the most violent, repeat young offenders.
The Supreme Court of Canada, in a decision on June 22, 2006, said that deterrence and denunciation with respect to sentencing were not principles found in the Youth Criminal Justice Act. The court's opinion was persuasive with respect to the need to focus on rehabilitation and reintegration when one was dealing with a young offender.
Many experts in the youth criminal justice field have expressed concerns that the two particular principles the government is attempting to import into this legislation have not proven to be effective in dealing with youth criminal justice matters.
Jail time for young offenders is obviously an issue that is very complicated. Many observers have said, and I think correctly, that it should be a last resort in incarcerating a young person. All too often prison time and jail time can be the best training ground for crime. Prisons have often been referred to as schools for criminal activity. As much as possible, young persons should be put into a system that focuses on rehabilitation and reintegration in the community. We should not simply lock them up and throw away the key.
In his report Justice Nunn directs his attention very appropriately to the issue of jail time. He says, and I will quote from his report: “Many of these critics believe that jail is the answer: “There they’ll learn the error of their ways”. He goes on to say:
These critics pay little attention to contrary evidence, nor do they understand that [for a youngh person] jail [is often not recommended and] does not correct or rehabilitate, but rather often turns out a person whose behaviour is much worse than it was. Others espouse the vengeful adage “adult crime—adult time,” paying no attention to the fact that it is a youth crime and not an adult crime.
As debate on second reading continues, we will be listening and looking forward to making amendments at committee. We believe the other recommendations of Justice Nunn, which my colleague, the member for Notre-Dame-de-Grâce—Lachine, identified in her speech, need to be added into the legislation.