Madam Speaker, as members are aware, the Youth Criminal Justice Act came into effect in April 2003. The proposed reforms to the YCJA that are contained in Sébastien's law are being made after consultations with a broad range of stakeholders.
I have had the privilege on a number of occasions of meeting with people in my riding of Kitchener—Conestoga. They are very concerned about many of the areas of the YCJA where improvements are badly needed. They are concerned that not enough is being done to protect individuals and families in our communities.
After more than five years of experience with the YCJA, the time was right for a review. In February 2008, the Minister of Justice launched a comprehensive review of the Youth Criminal Justice Act, which began with a meeting he held with provincial and territorial attorneys general to discuss the scope of the review and to identify the issues relating to the YCJA that they considered the most important.
In May 2008 the Minister of Justice began a series of cross-country round tables, usually co-chaired by provincial and territorial ministers in order to hear from youth justice professionals and youth justice stakeholders about areas of concern and possible improvements regarding the provisions and principles of the Youth Criminal Justice Act. The results show that most provinces and stakeholders believe the YCJA works well in dealing with the majority of youth who commit crimes. However, there are concerns about the small number of youth who commit serious violent offences or are repeat offenders.
As well, while the goal of the Youth Criminal Justice Act to reduce the number of youth in custody is seen as a laudable one, some are of the view that the act has imposed barriers, which could restrict the courts from imposing custody for youth who should receive custody. Also, they believe that while adult sentences are available for those aged 14 and over and can be used where appropriate, these are not always considered even in the most serious cases.
Concerns were expressed by some about youth who commit violent or repeat offences, who may need a more focused approach to ensure that the public is protected. For example, some were concerned about violent youth who may avoid detention through bail. The fear is that these youth could commit a violent or serious offence while they are awaiting trial.
The current law on pre-trial detention is seen by some as too complicated. These complications might also make it more likely that youth who should be kept off the street pending trial are released, only to re-offend, sometimes with lethal consequences.
The Nunn Commission of Inquiry in Nova Scotia dealt with a case where a youth who had been detained was released, stole a car and was involved in a car accident in which a person was killed. The proposed reforms would greatly simplify the judicial interim release scheme.
The new law will include a very simply test. If the youth has committed a serious offence, which will be defined as it is for adults in the Criminal Code, then this youth can be detained while awaiting trial if he or she would, if released, likely endanger the public by committing another serious offence.
This government recognizes that young people who commit serious, violent and repeat criminal offences must receive a sentence and work toward rehabilitation in a manner that is proportionate to their crime and to their responsibility for this crime.
This government believes that particular elements of the act need to be strengthened to ensure that youth who commit serious, violent or repeat offences are held accountable with sentences and other measures that are proportionate to the severity of the crime and the degree of responsibility of the offender.
Sébastien's law will make the protection of society a primary goal of our youth criminal justice system. It will give Canadians greater confidence that violent and repeat young offenders will be held accountable through sentences that are proportionate to the severity of their crimes.
The proposed amendments are intended to help ensure that violent and repeat young offenders are held accountable through sentences that are proportionate to the severity of their crimes and that the protection of society is given due consideration in applying the Youth Criminal Justice Act.
The proposed reforms address these concerns: to make protection of society a primary goal of the legislation; to simplify the rules to keep violent and repeat young offenders off the streets while awaiting trial when necessary in order to protect society; to require the crown to consider seeking adult sentences for youth convicted of the most serious crimes, murder, attempted murder, manslaughter and aggravated assault; to require the crown to inform the court if it chooses not to apply for an adult sentence; to enable the courts to impose more appropriate sentences on other violent and repeat offenders, as necessary in individual cases, and to use existing sanctions in a way that would discourage an individual from offending again; to use a pattern of escalating criminal activity to seek a custodial sentence for reckless behaviour that puts the lives and safety of others at risk; and, finally, to require the courts to consider publishing the name of a violent young offender when necessary for the protection of society.
Regarding the requirement to consider adult sentences for youth convicted of the most serious crimes, the provinces and territories will still have the discretion to set the age at which this requirement would apply.
Let me be clear. The amended legislation will now make it clear that no young person under 18 will serve a sentence in an adult institution regardless of whether he or she was given an adult or youth sentence. All young people under 18 will serve any custody portion of their sentence in youth facilities, separate and apart from adult offenders.
As is currently the practice, the individual could be transferred to an adult institution at age 18, if at that point his or her sentence had not been fully served.
Changes will also be made to publication provisions. In addition to retaining the current lifting of the publication ban where an adult sentence is imposed on youth, the new law would require judges to consider lifting publication bans for all convictions of violent offences where youth sentences were imposed.
Also there will be a requirement that records be kept when extra judicial measures are used by law enforcement to make it easier to find patterns of reoffending, which ties in with the amendment to the sentencing provisions in regard to extra judicial sanctions.
The proposed reforms in the bill will support and improve a fair and effective youth justice system for this country and result in a youth justice system that holds youth accountable for their criminal misconduct and promotes their rehabilitation and integration into society in order to promote the protection of the public.