Mr. Speaker, allow me to thank the member for Edmonton—Mill Woods—Beaumont for his initiative in introducing the bill and for his interesting speech.
For my part, I am pleased to speak to Bill C-423, An Act to amend the Youth Criminal Justice Act (treatment for substance abuse). As mentioned by the member opposite, my speech will be rather technical in nature in order to pay proper service to the intent of the bill.
As the member for Edmonton—Mill Woods—Beaumont stated, the bill proposes amendments to the Youth Criminal Justice Act which would require a police officer, before starting judicial proceedings or taking other measures against a young person, to consider referring that young person to an addictions specialist for assessment and possible treatment recommendations. In proposing the referral of a young person to an addictions specialist, again for assessment and possible treatment, the bill is consistent with one of the goals of the Youth Criminal Justice Act, as was noted by the member opposite.
The goal of the Youth Criminal Justice Act is to create opportunities for holding youth accountable for their crimes outside the formal justice system with the understanding and knowledge that early intervention can save valuable resources and more effectively address the root or underlying causes of youth crime.
Unquestionably, a percentage of crime committed by any age group is triggered by substance abuse difficulties. We have likely all heard examples of individuals who have developed such an addiction or craving for a particular substance that they will go literally to any lengths in order to feed their addiction. Those lengths or means will often involve criminal activity, be it theft of money in order to buy the substance to which they are addicted, the breaking and entering into a house or pharmacy where they know a substance is being kept or stored, and other such actions.
It is fundamentally in the best interests of society and certainly in the best interests of the individual that the individual's dependence on substances be remedied on a permanent basis, as ridding or curing the individual of the substance abuse problem by extension rids society of the need or desire of the individual to engage in criminal activity in order to feed his or her craving.
According to the Centre for Addiction and Mental Health, “Early detection, diagnosis and treatment results in better treatment outcomes, shorter episodes, and fewer relapses”.
It is simplistic in the extreme to conclude that harsher punishments automatically result in a decrease in criminal activity, particularly when it comes to individuals with substance abuse problems. We do not need for the purposes of this bill to examine the rate of crime in Canada relative to other jurisdictions except to make the point that Canada is by and large one of the very safest countries in which to live.
The trite suggestion from some quarters that our principles of sentencing or punishment or criminal justice generally should follow the example of the United States for instance has no basis in fact or in logic.
The fundamental purpose of criminal justice is to protect society and not only on a transient or immediate basis. Society is best protected ultimately when the root causes of anti-social or criminal behaviour are eradicated. Certainly, we can and must do all that we responsibly can to eliminate substance addictions.
Automatically processing an individual through the justice system is no guarantee that the individual will as a result be motivated to alter his behaviour. In fact, an individual may well be more motivated to accept the necessary treatment if he is aware that his refusal to accept such treatment may result in a criminal charge or charges being laid against him.
The principles and objectives of the Youth Criminal Justice Act are reflected properly in the bill under discussion. These principles and objectives include a principle that the youth criminal justice system must reflect the fact that young persons by and large lack the maturity of adults.
The youth system is different from the adult system in many respects. Measures of accountability are consistent with a young person's reduced level of maturity. Procedural protections are enhanced. Rehabilitation and reintegration are given special emphasis. Most important for our purposes, the importance of timely intervention is recognized.
Overall the youth criminal justice system is intended to prevent crime by addressing the circumstances which underlie a young person's offending behaviour. It is further intended to rehabilitate young persons who commit offences and to reintegrate them into society. Certainly it is designed to ensure that a young person is subject to meaningful consequences for his or her offence in order to promote the long term protection of the public at large.
There are procedural principles, so to speak, within the Youth Criminal Justice Act and Bill C-423 is a proper reflection of those procedural principles.
For example, section 4 of the act creates a presumption that non-violent young offenders should not be charged with a criminal offence. It stresses that police officers considering extrajudicial measures should examine the nature and seriousness of the offence, the youth's prior record, if any, his or her attitude, the views of the victim, the likelihood of recidivism and protection of the public.
As with so many components of our criminal justice system, both for young persons and for adults, there is always considerable discretion given to the arresting officer, to staff sergeants, to crown attorneys, justices of the peace, judges and virtually anyone involved in the system. This is not to suggest that the system is too discretionary or too subjective, but it is simply stating a reality.
The bill requires that a police officer, before starting judicial proceedings against a young person alleged to have committed an offence, consider whether it would be sufficient, bearing in mind the principles of the Youth Criminal Justice Act, to take appropriate steps, to take no further action, to warn the young person, to administer a caution, or to refer the young person to a program or agency in the community.
Simply put, there is absolutely nothing obligating a police officer to always pursue the path of not laying a charge. The only obligation on the officer is to consider whether or not laying a charge would be most consistent with the principles of the Youth Criminal Justice Act.
There are some who will undoubtedly suggest that Bill C-423 is not required, that the thrust of the bill is already covered by section 6 of the Youth Criminal Justice Act which already obligates a police officer to consider whether it would be sufficient to consider referring a young person to a program or agency in the community that may assist the person not to commit offences. It could realistically be argued that an addictions specialist is already covered by the phrasing of “program or agency in the community that may assist the young person not to commit offences”.
At a minimum, this bill is consistent with the principles of the Youth Criminal Justice Act and is consistent with section 6 which deals with measures outside of formal judicial proceedings.
Although it may be suggested that the bill is superfluous and that its measures are already by implication covered by the act, my leaning at this point is to vote in favour of sending the bill to the justice committee for further scrutiny.