Mr. Speaker, I am pleased to participate in third reading of Bill C-37.
I begin by saying unequivocally that I am opposed to the bill because it does absolutely nothing to address the causes of rising criminal activity among the youth of our country. It does nothing to protect our sons and our daughters from the vicious attacks launched by their peers in school yards and on our streets. It does not expand the Young Offenders Act to include 10 and 11 year olds. It does not mandate the raising of 16 and 17 year olds to adult court, except through the reverse onus proposition that I will address later. Its disclosure clause is insufficient to provide members of the public with the information they need to protect themselves from violent young offenders, including sex offenders that reside within our society.
The young faces in Canada's courts and jails are like masks. They hide society's ugliest scars: poverty, drug and alcohol
addiction, sexual abuse, physical abuse, neglect, learning disabilities, fetal alcohol syndrome, racial and sexual discrimination.
I am sympathetic to the many social adversities that confront the young people of the country. However it is not the role of the justice system to address what lies beneath these veils. It is not within the boundaries of justice to treat the social problems that are the root cause of crime.
I believe this government and past governments have tried to mould the justice system to deal with the causes of crime. They have tried to make the system address factors it was never designed to deal with and they have tried to fool Canadians into believing this can be achieved.
The justice system cannot prevent dysfunctional families. The justice system cannot reverse the ever increasing high level of taxation. It cannot change the fact that 50 cents out of every dollar earned by a mother or father is taken by various levels of government. It cannot stop the unacceptable level of unemployment. The justice system cannot prevent the negative aspects of society that lead to crime.
The areas where these factors must be addressed are the same areas that are responsible for creating them: poverty, a lack of money to meet the cost of living. This exists when a person is unemployed or underemployed. This falls within the human resources development minister's area. Providing Canadians with better employment prospects will help alleviate poverty. We all know how successful the minister has been in this regard with his social policy reforms.
Taxation, the single most debilitating financial factor in the country, falls squarely on the shoulders of the Minister of National Revenue, while economic conditions such as interest rates, the falling dollar and the ballooning deficit that continue to pressure Canada are responsibilities of the Minister of Finance.
The greatest threat to the economic stability of the family is the unrestrained power of governments to tax away the wealth of the individual. This has been going on at an enormous rate over the last 25 years.
The Minister of Health has on her plate responsibility for dealing with the problems of alcoholism and drug abuse which destroy families and greatly affect our youth. Provisions for social services and programs designed to provide counselling for families and youth remain within provincial jurisdiction.
These ministries are responsible for dealing with the negative aspects of society, the root causes of crime. The objective of the justice system is the protection of society. The justice system was designed for one purpose and one purpose only: to protect society against those individuals who move toward a life of crime.
It was designed to protect Canadians from people who lack self-discipline and respect for others. This objective can only be met through deterrence and the application of just penalties. Deterrence means ensuring penalties or the consequences of criminal behaviour are sufficient to thwart criminal activity. When crime occurs the justice system must provide penalties proportional to the offence which will protect innocent individuals within society.
The attempts by the social engineers over the last 20 years to create a dual animal of some sort within the justice system has created a sieve. It has corrupted the justice system to the point where the rights of the criminal supersede the rights of the victim, where there is absurdly light sentencing, out of touch judges, easy parole, deportation orders that are an utter joke, and an absolutely ludicrous belief that murderers should not have to serve their full life sentence.
This two-tier animal fostered by a bleeding heart mentality has led to the demise of the traditional justice system whereby it is no longer protecting the lives and the property of Canadian citizens.
It is very apparent that Bill C-37 does not move to discard this problem. In fact it reinforces its foundation rooted in the parent act, the Young Offenders Act. The first clause of Bill C-37 reads:
(a) crime prevention is essential to the long-term protection of society and requires addressing the underlying causes of crime by young persons and developing multi-disciplinary approaches to identifying and effectively responding to children and young persons at risk of committing offending behaviour in the future;
Bill C-37, as is the Young Offenders Act, is the product of an attitude that criminals are not bad people, that they are all victims of poverty and a ruthless, competitive society who do not require punishment but the infinite application of some mysterious panacea that has never been found or defined.
The remedies are not defined within Bill C-37 as they are not defined within the confines of other justice bills. Both the causes and the treatment of criminal behaviour are beyond the scope of justice.
A counsellor and youth worker in the youth correctional system of Quebec and Alberta has provided profiles of the young offender who came under his care. He said that the kids came from homes where one or both of their natural parents did not want to have them around. Many came from single parent families, women on welfare or working at low wage jobs who lost control of their children. Many were brought up by grandparents, uncles, aunts or foster parents.
Common to all these histories was the impression that the young inmates were raised in homes that were emotional junk yards with fighting, screaming, drunkenness or drug abuse,
violence and neglect. "Definitely", the author says, "not a warm and fuzzy place".
These kids grew up angry. No matter how tough, no matter how lenient, no matter what their rehabilitative efforts may be, the Young Offenders Act and likewise Bill C-37 cannot change the hostile environment that bred many of our young offenders. That environment can only be changed by powers that fall outside the justice system.
The government can move against the influences in society that attack the moral fibre of our youth, influences such as pornography. We have in Canada peep shows where adults go into a room for a fee and watch naked women dancing and gyrating through a peep hole. We have naked dancing and lap dancing in bars where our daughters are enticed into so-called occupations that contribute to moral decline.
I quote from a letter I received from one of my constituents. "Last night", he states, which was October 15, 1994, "I went to pick up my daughter and turned on CBC radio. Usually the program `Ideas' is on. The show was about female ejaculation. In the five minutes I listened to it before picking up my daughter, a woman was describing self-stimulation in front of mirrors and how exciting it was to ejaculate in front of the mirrors".
The government can do something about this kind of thing and I ask that it do so. I ask the justice minister and the minister of culture to look into this particular radio broadcast. If these facts are accurate, as I have been assured they are, those responsible should be disciplined and this type of broadcasting should be eliminated from the CBC, which is financed by the taxpayers.
These are areas the government can do something about. Yet members across the way refuse to act in these areas that attack the moral fibre of our society, particularly our youth.
Until the negative aspects of society that breed delinquent behaviour are addressed, this pretence that the Minister of Justice is getting tough on crime will continue. I suggest it is only a pretence. Until the minister moves to eliminate those areas within the Criminal Code that facilitate violence, the pretence will remain.
If the minister is serious about getting tough on crime, why does he not amend the legislation that allows a statutory release of violent offenders such as Mr. Auger, who is the prime suspect in the murder of Melanie Carpenter, after serving only two-thirds of their sentence? Why not move to stop that type of release of violent offenders into society? The members of the parole system advised those in charge that Mr. Auger was still dangerous and would likely offend again.
Why does the minister not act? He could move quickly to plug that loophole. He would certainly have the support of the members within the Reform Party caucus. Why did the Minister of Justice vote against the private member's bill eliminating section 745 of the Criminal Code which gives murderers an opportunity for early parole?
Why is he voting in favour of the criminal and against a safer society? Will the Minister of Justice change his vote on this bill if he is serious about getting tough on crime? I ask all members of the House, what do they believe is a fair and just penalty for the premeditated murder of an innocent person such as Melanie Carpenter?
I can support portions of this bill. The minister has obviously been listening, if only somewhat, to the thousands of Canadians who have demanded toughening of the Young Offenders Act. Although I believe that many Canadians were looking for significant change, as were we in the Reform Party, not what we consider to be a charade.
The amendments contained in Bill C-37 are not significant. They are nothing more than a pretence that the minister is dealing with the problem at hand. I believe that people like Stu Garrioch, the father of a boy who was stabbed in the stomach with a hunting knife by a 15-year-old and the 195,000 people who signed his petition want to see major reform, not mere tinkering and amending.
The same could be said for Donna Cadman, whose 16-year old son was fatally stabbed by another youth on a street corner in Surrey in 1992. She is asking that all violent offenders be tried in adult court. We ask the same.
Yvette Steck, a 27-year old housewife in Fort St. John, B.C., has been pushing her community to call for a registry of sex offenders. She was motivated by the revelation that she had been leaving her seven-year old daughter at a neighbour's home where a convicted child molester was staying. On a petition demanding that molesters lose their right to privacy after victimizing a child, Mrs. Steck collected 6,500 signatures.
An estimated 10,000 people demonstrated on Parliament Hill on September 24, 1994 calling for crime control, not gun control. On September 25, 1994, 3,000 people marched in a rally alongside Bob Niven, whose 31-year old son was beaten to death by two teens, demanding tough reform of the Young Offenders Act.
In November last year 1,500 people converged on the lawns of Parliament Hill. They came out of respect for Anne-Marie Bloskie of Barry's Bay, whose skull was smashed after being sexually assaulted by a 17-year-old. They came out of respect for Melaine Deroches who was beaten to death with a wrench in Kemptville by a 14-year old classmate, for Marwan Harb, the Hull teenager who was stabbed to death during an after school
rumble with three teens, and for Nicholas Battersby who was shot on Elgin Street.
They came to mark the fifth birthday of the late Joshua Baillie, a young accident victim struck dead by a youth out joy riding in a stolen van. They came out to say: "Enough is enough. We want significant change, not just tinkering and mere amendments".
The boy who sexually assaulted and murdered Ann-Marie earned three years in jail. Melaine's killer received a three-year term in youth custody. Young, innocent Joshua's assassin, after pleading guilty to criminal negligence, got one year in custody plus one year probation.
A couple of weeks ago 3,000 people from B.C. mourned the death of Melanie Carpenter and thousands more people are rallying around a campaign organized by the Carpenter family demanding reform of the criminal justice system.
Bill C-37 is a half-hearted attempt to address the concerns of Canadians. This bill, although propelled by the grassroots and not the ivory towers of this nation, does not meet the needs of Canadians. Why has the the minister not been consistent in his adherence to the wishes of Canadians? Where are all the petitions containing thousands of signatures?
Where have all the protests been held calling for the registration of rifles and shotguns? How many people marched on Parliament demanding an outright ban on handguns? I have not seen them.
I have travelled throughout the west and northern Ontario. My colleagues have been in the east. We have witnessed gathering upon gathering of thousands of people. We have in our possession petitions from every part of Canada containing thousands of signatures protesting the minister's decision to compel law-abiding citizens to register their rifles and shotguns. Yet on and forward goes the minister.
The minister is inconsistent in his adherence to the wishes of Canadians. He is also inconsistent in his approach to criminal justice. Although he has moved to increase sentencing in relation to gun offences, he was reluctant to increase sentences for youth criminal offences.
I commend the justice minister for increasing the penalty for murder from five to ten years for young offenders. However, how does he equate 10 years for murder with the same penalty of 10 years for deliberately neglecting to register a rifle or shotgun? Does this make sense? Is this fair and reasonable? What do the inconsistencies in this type of legislation do to further attack the credibility of the present justice system?
During the 1993 election campaign I heard constituents in my riding expressing concerns about the prevalence of crime, particularly about youth crime. Every day I receive letters asking for our help in restoring some sense of sanity to a justice system that seems to have run amok.
I hear about the deficit and the debt and the runaway taxes imposed by previous governments. I hear about the mounting cynicism toward politicians, particularly those at the federal level.
During the campaign people in my riding revealed that they felt betrayed. The imposition of the much hated GST and wasteful spending habits were at the root of their cynicism prior to the 1993 campaign. Today it is the result of a lack of substantive action on the part of the Liberal government.
During the campaign I did not hear one person, nor do I today hear people expressing concern that we do not have enough firearms control. In fact the Maclean's Decima poll indicated only 5 per cent of Canadians felt violent crime was due to a lack of sufficient and adequate gun control measures. However, I did hear and continue to hear that people are concerned about their safety. They are worried about the alarming rate of youth crime, particularly violent crime.
Bill C-37 is not the answer for the rising rate of crime among our youth. The answer is a complete review, an overhaul of the Young Offenders Act with a goal of restoring the traditional role of justice to our system.
Reform wants a number of amendments to the Young Offenders Act which in the absence of a complete review will be the only way to satisfy us that the protection of society will prevail. We have requested that the Young Offenders Act cover youth aged 10 to 15 inclusively rather than 12 to 17 which currently is the case.
I am sure members are aware that the criminal justice system cannot hold accountable youth aged 10 and 11 years for any of the crimes they might commit. That is unacceptable. We believe that there are too many 10 and 11 year olds committing crimes for which the police cannot charge nor prosecute them. As for older offenders we believe that youths age 16 and 17 are old enough to assume full responsibility for their crimes and should in all cases and in particular in the case of violent offences be tried as adults.
Under Bill C-37 the justice minister has proposed that 16 and 17 year old youths who are charged with murder, attempted murder, manslaughter, aggravated sexual assault, and aggravated assault be tried in adult court unless an application is granted for the youth's case to be heard in youth court. The onus is now on the young offender to demonstrate why he or she should not be tried in adult court and the court will have the discretion to accept or reject the application.
This amendment creates a hearing within a hearing. It will cause delays and add to the backlog of cases currently before the courts. It will be more costly. We reject the suggestion and the amendment.
The Reform Party had proposed increased sentencing. Therefore I support the provisions contained in Bill C-37 to have sentences for first degree murder increased from five to ten years. We had also recommended that amendments to the Young Offenders Act include permission to publish the names of young offenders who have been convicted of any offence involving the use of violence, who contravene any narcotic control act or food and drug act or who have been convicted previously of any two offences.
Bill C-37 has failed to provide this amendment. It is perhaps the greatest failing of the bill. I firmly believe that the publication of the names of young offenders is essential for the protection of Canada's innocent children.
For example, a school principal may not know that one of his students has been convicted numerous times for drug trafficking. A parent may not know that his child is associating with a offender convicted of a series of rapes. The young man next door who has been entrusted to babysit children could be another Jason Gamache.
Who should we be protecting, the vast majority of Canadians who are law-abiding, hard-working, caring people who will continue to be the building blocks for a productive society or the local high school's drug dealer and unknown rapist in the neighbourhood? I do not think that is a hard question to answer. Undoubtedly it is these offenders who must be made known to society.
We are not talking about the youth who makes a small mistake and comes in contact with the justice system on a single occasion. The best interest of the public may not be served by publishing the details. We propose and firmly believe that in order to make community protection the number one priority, the publishing of violent young offenders' names must not be prevented by law as it is today and continued in Bill C-37.
A successful justice system cannot have as its base the withholding and concealment of the truth. The names of victims and the horrific details of the crimes perpetrated on them are open to public scrutiny but the names of the offenders remain a state secret. The young faces in Canada's courts and jails are the masks that hide society's ugliest scars, scars that will fester if they are not exposed.
The Reform Party on behalf of our many constituents has asked the government to establish a registry of child sex abusers. The government has provided its typical response to a request of this nature. It knows there is a problem. It knows that Canadians want something done about it. It has promised to study the issue and consult the proper authorities. In other words, the government is dragging its feet and in the meantime children will continue to be sexually abused and violently attacked by repeat offenders that the government is guilty of protecting by refusing the public the information it needs to protect our children and our society from these perpetrators.
In an effort to understand the need for a child registry Health Canada, Justice Canada and the Ministry of the Solicitor General commissioned a study. The federal ad hoc interdepartmental working group on information systems on child sex offenders prepared a discussion paper.
What was the conclusion of that study? We need another study and we need further consultation. Also contained in that paper is information which clearly indicates both the need for a child registry and for the publishing of young offenders' names.
The report states: "Statistics compiled on all violent crime committed against children in Canada indicate that young offenders, those aged 12 to 17, account for approximately 23 per cent of all accused offenders. Further information indicates that from 17 to 29 per cent of those accused of child sexual abuse are under the age of 18".
It is important to note that this same age group only represents 7.9 per cent of the Canadian population. The report states that studies have repeatedly indicated that sex offenders have one of the highest rates of recidivism of any criminal group, with an estimated 40 per cent reoffending within five years of release. Furthermore, research examining the effectiveness of offender treatment programs has shown limited results.
Did the Minister of Justice not read the report of the federal ad hoc group? If he had, he would know that sex offenders reoffend. If he could do simple calculations he would know from the stats that between 17 and 29 per cent of sex offences in Canada are committed by young offenders. If 40 per cent of that 17 to 29 per cent reoffend, sadistic acts will continue to be committed against the most innocent and vulnerable members of our society. And the government could have prevented this by releasing their names to society. If they had read their own report and acted immediately on its findings, unspeakable acts on our children could have been thwarted.
Bill C-37 does not undertake to protect our children from the Jason Gaumaches of this world. It does not protect us from the faceless, nameless individuals poised behind the mask of adolescence.
Furthermore, the weight is still balanced in favour of the young offender in this country. The protection of society, the
protection of our children, is still outweighed by the so-called rights of violent and delinquent young Canadians.
All we are asking is that the scales be evened out, that the rights of the victims, the rights of our children be given priority. We ask that the protection of society outweigh the protection of violent young offenders who have no respect for the lives and rights of others.
All we are asking is that the Minister of Justice listen to the people of Canada; listen to the mothers and fathers whose children have been taken from them at such an early age; listen to the grassroots of this country, not those in the ivory tower who are immune to what is really going on at ground level.
I can only support legislation that finds its roots with the people or that can be substantiated by fact, not personal agendas. In closing, I reiterate my opening remarks. I cannot support Bill C-37. I will only support legislation that meets the objective of justice: the protection of society.
