John Maloney

[Cruelty To Animals, June 8th, 2001]

Mr. Speaker, among other things, Bill C-15 enhances maximum penalties for cruelty to animals. This sends a clear message that abusing animals is a form of violence that cannot be tolerated and that must be treated seriously.

Nothing in the bill puts at risk lawful and humane activities involving animals for such purposes as agriculture. It does not affect the way that cattle branding takes place. The justice minister made changes to the bill requested by farmers to make the intent of the law clearer. The law unmistakably focuses on intentional and negligent acts against animals.

[Access To Information, June 8th, 2001]

Mr. Speaker, the access to information law is a good law supporting Canadian democracy. The federal government is committed to the principles of transparency and openness and ensures accountability to Canadians.

As I said, we are currently undergoing a review. This review will consider and build on previous consultations and recommendations.

[Access To Information, June 8th, 2001]

Mr. Speaker, the member is well aware that there is a task force currently holding round table public consultations. The recently announced external advisory committee includes individuals from academia, the legal profession, business and the media.

This will ensure that external perspectives are included in the examination of these issues. It is a matter of concern and we are addressing it.

[Justice, June 1st, 2001]

Mr. Speaker, as I indicated, we remain committed to promoting positive outcomes for children and their families following a separation or divorce.

We are currently engaged with the provinces and territories in a comprehensive review of the custody and access provisions under the federal Divorce Act and provincial legislation. These public consultations are currently under way.

Our shared goal is to create an effective family law system across Canada that will promote a child centred approach by focusing on children's needs and their best interests.

[Justice, June 1st, 2001]

Mr. Speaker, we share the member's concern for the well-being of the Dillman children.

As the member opposite knows, the Minister of Justice does not have the authority or the jurisdiction to interfere with an order of the court. We remain committed to promoting positive outcomes for children and their families following a separation or divorce.

In the present situation variations in custody orders can be made at any time. In the situation in question, the mother may well be advised to do so or to appeal the existing order.

[Boating Safety, June 1st, 2001]

Mr. Speaker, this past Victoria Day long weekend marked the traditional opening of a great Canadian ritual. It marked the start of the cottage and boating season.

An estimated eight million Canadians will take to our lakes, rivers and oceans this summer. Whether they are seeking peace and solitude or fast paced action and fun, it is important that all Canadians who take to the water do so in a safe and responsible manner.

I remind all Canadians that all operators of personal watercraft must be at least 16 years of age, regardless of supervision. I also encourage all Canadians to take an accredited safe boating course, wear well-fitted Canadian approved life jackets and understand the consequences of drinking and boating.

Following these simple rules will help us continue to reduce the number of boating fatalities and injuries that occur each year.

[Youth Criminal Justice Act, May 29th, 2001]

Mr. Speaker, I am a little confused. Is the hon. member suggesting that we should have a further separate system for those between the ages of 10 and 11 or 11 and under? He referred to large numbers of individuals in this category.

The statistics I have show that roughly 1.5% of the incidents reported to police involve children under 12. Of that, 81% are property offences and 19% are violent offences. Two-thirds of the violent offences are minor assaults. How does the hon. member justify those statistics with the approach that my hon. friend is suggesting, even though public opinion indicates that the preference is that these children be dealt with in the mental health system and mental health intervention?

[Youth Criminal Justice Act, May 29th, 2001]

Mr. Speaker, I find it interesting that in consideration of the new youth criminal justice act opposition members are getting into tax policy. It shows the depth of their opposition to the bill by grasping at straws.

I also find it interesting that members opposite and their party keep insisting that crime, as well as youth crime, is going up when in fact statistics show the contrary.

When the member says that nothing is new and nothing has changed, why does he ignore the emphasis of the act on accountability, proportionality, meaningful consequences, rehabilitation and reintegration? Why does he ignore this targeting of custodial sentences for repeat serious violent offenders? Why does he ignore community supervision to help integrate a young person after release from custody? Why does he ignore adult sentences for youths 14 years of age and over for very serious crimes and the presumptive offences? Why does he ignore the publication of names for serious violent offences when there is an adult sentence? Could the member explain this to me?

[Youth Criminal Justice Act, May 29th, 2001]

Mr. Speaker, I am pleased to speak today to Bill C-7, the youth criminal justice act.

The youth criminal justice act is a balanced, fair and effective approach to youth justice that is supported by a majority of Canadians.

Of course, there are many views on how to address a topic as complex as youth crime and the youth justice system. Some argue that the youth criminal justice act is too harsh. Others argue it is too weak and not tough enough. The federal government, which is responsible for criminal law, has heard these views and considered them in the development of the youth criminal justice act.

The youth criminal justice act is not about what is tough or easy, but about what is fair and appropriate. I would like to focus my comments today on recent get tough recommendations made by the attorney general of Ontario.

Before addressing some of Ontario's specific recommendations, I will first comment on Ontario's claim that it has not been allowed to voice its concerns about the youth criminal justice act. This claim is simply baseless.

The Minister of Justice met with provincial and territorial ministers of justice on this issue on a number of occasions and she has heard Ontario's views. Furthermore, Ontario, like all other provinces, was invited to have its officials participate in the parliamentary committee hearings on the bill. It was Ontario's choice to decline to participate in this forum. Instead, it held its own hearings after three years of consultation and debate.

Let us turn to some of Ontario's recommendations in its get tough approach.

Ontario recommends that 16 and 17 year olds be automatically tried and sentenced as adults when charged with a serious offence, such as murder, attempted murder and manslaughter. This recommendation is part of Ontario's call for adult time for adult crime. This may be a catchy sound bite but it is a terribly flawed youth justice policy.

Bill C-7 makes it clear that 16 and 17 year olds who commit serious offences can receive an adult sentence. The bill provides a presumption that a young person 14 years of age or older found guilty of the most serious offences should receive an adult sentence. These offences include murder, attempted murder, manslaughter, aggravated sexual assault and repeated other serious violent offences. The presumption means that it is up to the young person to persuade the judge that he or she should receive a youth sentence rather than an adult sentence.

Bill C-7 also permits provincial prosecutors to apply for an adult sentence for any offence for which an adult would liable to more than two years in prison. This allows provincial prosecutors to request an adult sentence for a wide range of offences.

Unlike Ontario's proposal, the youth criminal justice act does not make adult sentences automatic. The youth criminal justice act reflects a belief that judges can be trusted to consider the specific circumstances of a case and to determine whether a particular offence and offender requires an adult sentence. It also assumes that provincial prosecutors can be trusted to seek an adult sentence in appropriate cases. If the judge finds that a youth sentence would not be adequate to hold the young person accountable, the judge is required to impose an adult sentence.

Ontario's proposal neglects to take into account that judges, after having heard all the elements of the case before them and after consideration of the facts, are best placed to determine whether a youth sentence would be adequate to hold the young person accountable or if an adult sentence is appropriate. Ontario apparently does not trust its own prosecutors to use their judgment, consider the circumstances of a particular offence and apply for an adult sentence in appropriate cases.

Allow me to address another area of Ontario's concerns. Ontario recommends applying adult parole provisions to young people who have received an adult sentence for murder.

Under Bill C-7, if a young person receives an adult sentence for first degree murder a life sentence would be imposed. What is fundamental to a youth justice system is the underlying principle that a youth has a better chance of rehabilitation and a re-integration into the community. This is precisely the reason for which we have allowed for intensive rehabilitation programs to be initiated where appropriate.

It is important to remember that no one serving an adult murder sentence would be released unless the parole board is satisfied that the public would not be at risk if the person were to serve a portion of the sentence in the community, under supervision.

Ontario also recommends that the maximum youth sentence be increased. Ontario fails to specify what the maximum youth sentence should be and it fails to provide any rationale for increasing the maximum sentence.

The youth criminal justice act does not increase the maximum youth sentences for a good reason. There is no evidence that judges have found the existing maximum sentences to be not long enough. Longer maximum sentences are not required to impose meaningful consequences that are fair and proportionate to the seriousness of the offence. Longer maximum sentences would not increase the likelihood that the young person will be rehabilitated.

Ontario may not be aware that young persons often receive sentences that are more severe than the sentences adults receive for the same offence. For example, for eight of the nine most common offences in youth court, youth currently receive longer periods of custody than adults who receive custody for the same offence. In addition, youths spend more time in custody than adults with similar sentences due to the adult conditional release provisions. These are interesting statistics indeed.

Ontario further recommends mandatory non-discretional sentences for 12 to 15 year olds who receive a youth sentence for murder.

Under the youth criminal justice act, the judge must impose a custodial sentence for murder. The maximum youth sentence for a first degree murder is 10 years and the maximum youth sentence for a second degree murder is 7 years. The judge determines what proportion of the sentence will be served in custody and what portion of the sentence will be served in the community, under conditional supervision. If the young person breaches a condition of the conditional supervision, he or she can be returned to custody.

It is very unusual for 12 to 15 year olds to commit murder. If such an event occurs, it requires a careful consideration of all the circumstances of the offence and flexibility for the judge to design a sentence that will hold the young person accountable for the offence by imposing meaningful consequences while promoting the rehabilitation of the young person. This is the approach taken in the youth criminal justice act. It is based on the assumption that judges are quite capable of exercising their discretion appropriately.

Ontario recommends that co-accused adults and a young person be tried together. Bill C-7 is based on the fundamental principle that young persons aged 12 to 17 are not adults and they are entitled to separate rules and procedures to take into account their reduced level of maturity.

For nearly 100 years in Canada, young persons charged with offences have been tried separately from adults. A separate trial for young persons and youth courts are a cornerstone of the youth justice system in Canada and throughout the western world.

Although joint trials are possible under the Young Offenders Act, if a young person is transferred to an adult court they are rarely used, and the current transfer process has many problems, including complexity, long delays and unfairness. These problems are addressed in Bill C-7 through the new adult sentencing provisions. All youths would be tried in youth court and only if and when the youth has been found guilty does a court turn its mind to the appropriate sentence. This is fairer and more efficient.

Ontario further recommends that the focus on alternatives to custody be removed. The youth criminal justice act emphasizes the importance of alternatives to custody because a major problem under the Young Offenders Act is the very high use of custody, particularly for the less serious and non-violent offences.

The youth incarceration rate is higher in Canada than in other western countries, including the United States. The youth incarceration rate is higher than the adult incarceration rate in Canada.

About 80% of custodial youth sentences are for non-violent offences. Alternatives to custody, such as requiring the young person to repair the harm caused to the victim, can be more meaningful and more effective than custody in terms of rehabilitation.

Ontario locks up more than 12,000 young persons a year. Ontario has one of the highest rates in the country of incarcerating first offenders found guilty of minor theft. Ontario has been criticized by its own provincial auditor for wasting taxpayer dollars by failing to use more alternatives to custody.

Bill C-7 emphasizes the importance of alternatives to custody while retaining considerable discretion for judges to decide on a fair sentence that holds the young person accountable based on principles of proportionality and promoting the rehabilitation of the young person.

Ontario also recommends that the youth criminal justice act permit publication of the identity of any young offender who is 14 years or older and is charged with a serious offence for which an adult sentence is being sought for the duration of the trial. This recommendation would mean that whenever a provincial prosecutor decides to seek an adult sentence the identity of the young person would be made public before a judge even determines whether the young person was guilty of the offence. This would place enormous power in the hands of prosecutors. It would be fundamentally unfair to young persons who are entitled to be presumed innocent and would largely destroy the longstanding protection of privacy of young persons.

The youth criminal justice act would provide a much fairer approach. It would permit the publication of a young person's identity after a young person has been found guilty of the offence and a judge has determined that an adult sentence is necessary to hold the young person accountable.

It is clear that Ontario's recommendations cannot be supported. Ontario's approach is overly punitive and fails to recognize that young people are not adults. It is not supported by research and it is not reflective of the approach that most Canadians support. It also reflects a fundamental lack of competence in judges and prosecutors being able to exercise discretion to achieve fair, proportionate results. It also lacks faith that youth can be rehabilitated and reintegrated into communities.

Bill C-7 is a much more balanced, fair and effective approach to youth justice. It would require meaningful consequences to be imposed yet recognizes that such consequences do not necessarily require incarceration or sending a young person to an adult system. It emphasizes the importance of prevention, rehabilitation and reintegration. It recognizes that young persons are still maturing and should be treated differently from adults. It recognizes that the circumstances of an offence can be complicated and that judges should be able to consider these circumstances in determining a fair, proportionate sentence.

The youth criminal justice act is legislation that most Canadians support because, unlike Ontario's approach, it is based on fundamental principles of fairness.

[Youth Criminal Justice Act, May 28th, 2001]

Mr. Speaker, I am pleased to respond today to Motion No. 2 to amend Bill C-7, the youth criminal justice act.

Motion No. 2 calls for clause 125 to be amended to make the disclosure of information about young persons mandatory rather than permissive. Clause 125, like the Young Offenders Act, specifically recognizes the interest that a school, professional or other person engaged in the supervision or care of a young person may have in receiving information when a young person is dealt with in the youth justice system.

Clause 125 would allow the provincial director, the attorney general, a peace officer or any other person engaged in the provision of services to a young person to disclose identifying information to any professional or other person engaged in the supervision or care of a young person, including a representative of a school under the following circumstances: first, to ensure compliance by the young person with a court order; second, to ensure the safety of staff, students or other persons; and, third, to facilitate the rehabilitation of the young person. This can be done without a court order.

The clause expands the Young Offenders Act provision that was included in 1995 by adding the authority to disclose information to facilitate rehabilitation of the young person. It is important to remember that privacy protections are a hallmark of the youth justice system in Canada. Any disclosure of identifying information in the youth justice system is dealt with as an exception to the general rule that no person shall be given access to the record of a young offender.

Non-legislative approaches could be developed to assist in implementing and supporting the disclosure provisions of the youth criminal justice act. Provinces could develop guidelines for police officers, probation officers and others on the issue of disclosure of information. Provincial government officials have indicated that they prefer guidelines rather than mandatory disclosure.

The Department of Justice has provided funding for the Canadian School Boards Association to develop an information sharing guide and protocol for the education community relating to information sharing between schools and professionals in the youth justice system.

The disclosure provisions in Bill C-7 strike an appropriate balance between the need to support a constructive role for the educational system and others working with young people, ensuring that pertinent information is disclosed, and the need to respect guaranteed privacy protections and to avoid stigmatization of a young offender.

Unlike an automatic notification approach, the approach in Bill C-7 would enable the exercise of professional judgment which takes into account the circumstances in individual cases, the protection of the public and the impact on the rehabilitation of the young person.