Allan Rock

[Department Of Justice, February 10th, 1995]

Mr. Speaker, I will deal with the question concerning legal agents first. When the government took office the process by which legal agents were appointed by the Department of Justice was criticized by the Auditor General.

In the months since the government took office, we have introduced important changes to that process to ensure its fairness, its efficiency and to ensure that we are getting high quality services throughout the country. Those changes are very significant.

In terms of the numbers to which the hon. member refers I am not familiar with his reference. If he provides me with details, I will be happy to look into it and to respond to his question.

[Justice, February 10th, 1995]

Mr. Speaker, part XXIV of the Criminal Code already provides that a person who represents a high risk and can be called a dangerous offender within the meaning of that term in the code can be kept in prison indefinitely.

It is up to the provinces to lay those charges in appropriate cases and to see that any such persons are kept in jail indefinitely. That is already on the books.

In addition, we discussed in Victoria and will be introducing changes to the code to add a category of long term offenders who may not be dangerous as in the meaning of that section, but who pose a threat to reoffend which endangers the public. The court will be enabled in such a case to impose as long as 10 years'

supervision after their release from jail for the safety of the public.

[Human Rights, February 10th, 1995]

Mr. Speaker, that is not the case. The government's commitment to the amendment is exactly the same. It is unwavering and the legislation will indeed be introduced.

[Human Rights, February 10th, 1995]

Mr. Speaker, apart from the way I have distinguished myself for my ability to predict the time at which steps will be taken, I want to emphasize that in this connection the important thing is the commitment of the government to that legislation.

I emphasize for the hon. member, in response to his question, that the government is committed to the amendment to which he refers and that legislation will be introduced.

[Justice, February 10th, 1995]

Mr. Speaker, both the purported quotation offered by the hon. member and the substance of her question represent a marked departure from her usual standard of fairness. I must say that is not what I said at all.

In Victoria when we discussed this issue first we identified changes that could be made to the Criminal Code, upon which we had agreement in principle, changes we will introduce to enhance the existing provisions in relation to dangerous offenders; second, adding new provisions to the code for long term offenders so that we have long term supervision for people who are at high risk to reoffend; and third, we had ministers of health from across Canada present to work with us on those who are mentally ill and who present a risk to reoffend.

We are taking action, very specific action. We understand that going beyond that and into the criminal sphere represents constitutional challenges, but we are committed to looking at those strategies to determine whether there are other steps we could take to enhance the safety of Canadians.

[Justice, February 10th, 1995]

Mr. Speaker, first, the steps announced yesterday by the province of Manitoba and by the province of Ontario do not represent, as the hon. member has suggested, an abdication of federal responsibility. Rather they represent on the part of those two provinces an exercise of jurisdiction that is specifically provided by federal legislation, section 25 of the Corrections and Conditional Release Act, which enables provinces to take those very steps. I decline the suggestion of the hon. member that this in some way represents federal inaction. It is quite the opposite.

Second, the single highest priority for the government in the area of criminal justice is the safety of Canadians. That priority is reflected in the action taken by the government on a variety of fronts.

Two weeks ago I presided at a meeting of ministers of justice from across Canada in Victoria. We decided on specific action to improve the Criminal Code, to introduce new sections and to work with ministers of health to ensure public safety.

[Gun Control, February 10th, 1995]

No, Mr. Speaker, I do not.

[Gun Control, February 10th, 1995]

Mr Speaker, I intend to introduce the bill next week.

[Young Offenders Act, February 10th, 1995]

moved:

Motion No. 5

That Bill C-37, in Clause 35, be amended by striking out lines 17 to 20 on page 29.

Motion No. 6

That Bill C-37, in Clause 35, be amended by replacing lines 3 and 4 on page 30 with the following:

"waiver shall be videotaped or be in writing, and where it is in writing it shall contain a statement signed by the young person"

Motion No. 7

That Bill C-37, in Clause 35, be amended by replacing lines 23 and 24 on page 30 with the following:

"or waiver would otherwise be admissible."

[Young Offenders Act, February 10th, 1995]

moved:

Motion No. 1

That Bill C-37, in Clause 12, be amended by replacing lines 13 to 18, on page 10 with the following:

"(5.1) Where a young person elects or is deemed to have elected to be tried by a judge of a superior court of criminal jurisdiction with a jury, the youth court shall conduct a preliminary inquiry and if, on its conclusion, the young person is ordered to stand trial, the proceedings shall be before a judge of the superior court of criminal jurisdiction with a jury.

(5.2) A preliminary inquiry referred to in subsection (5.1) shall be conducted in accordance with the provisions of Part XVIII of the Criminal Code, except to the extent that they are inconsistent with this act.

(6) Proceedings under this act before a judge of a superior court of criminal jurisdiction with a jury shall be conducted, with such modifications as the circumstances require, in accordance with the provisions of Parts XIX and XX of the Criminal Code, except that".