Mr. Speaker, the Young Offenders Act, amendments to which we are discussing today, reaches deep into the fabric of our society. When we
decide to amend this act, we must try to better express the ideals, values and objectives of our society for the young people who have committed crimes.
We must remember that the very existence of a young offenders act is an expression of Canadian society's desire to offer young people an alternative to the Criminal Code, which applies to adults. Our society is aiming not only at stopping and penalizing the criminal behaviour of young people, but also at giving them training to help them learn and adjust. For this reason, responsibility for administering the Young Offenders Act does not rest with the judicial system alone, but also with the social services set up by the various provinces.
In Quebec, organized services for young people in trouble and young offenders date back to the establishment of the first industrial and reform schools in the second half of the 19th century, that is, even before the federal Parliament adopted the first juvenile delinquents act in 1908.
More than 8,000 social workers from various professions currently work in youth centres in Quebec. They are involved annually with 85,000 young people and their families, including nearly 22,000 young persons who are referred to them under the Young Offenders Act. These experts represent an extraordinary resource we would be wrong to forgo.
We are in the curious situation in the House today of discussing a bill to amend the Young Offenders Act in third reading, when almost all those making representations before the House Standing Committee on Justice and Legal Affairs had asked that the adoption of these amendments be delayed.
These people all asked the Minister of Justice to move immediately on to the second phase of his plan of action-an in-depth evaluation of the present act and its application-before making such substantial amendments to the act.
Based on this evaluation, the amendments proposed by the justice minister could be reviewed and all members could vote with the full conviction that they are giving the parties involved in fighting youth crime the legal tool to do so, while at the same time promoting deterrence and rehabilitation.
Why is the justice minister refusing to take this logical step? Can the minister convince us that the amendments he has proposed must definitely be passed without delay?
In preparing my statement, I was struck by the fact that none of the stakeholders I met would feel any better equipped to fight youth crime if the amendments proposed by the minister were passed. On the contrary, they are convinced that their job would be even more difficult, both in respect of the public and the young persons themselves.
For instance, increasing sentences for serious offences may create a false sense of security among the public, although past experience gives us no reason to expect that such a measure would have a positive effect, either on the level of crime or on recidivism among young persons.
Moreover, by basically limiting detention orders to offences involving serious assault with bodily harm, the act would deprive the judicial system and social workers of an instrument sometimes necessary to the rehabilitation of certain young persons for whom recidivism, schooling, family and personal situation and other circumstances must be taken into account. In short, a prison sentence may be appropriate in certain cases even if the offences in question did not entail serious personal harm.
In other words, we can assert on the basis of present findings that passing this act would not provide any greater measure of social protection and that the quality of supervision for certain young persons would suffer. The question which naturally comes to mind is the following: Why is the Minister of Justice bent on pushing through so quickly an act that all those concerned doubt will be effective?
Many people think the answer to it is that the Minister of Justice has given in to a small but very vocal group that favours lex talionis, "an eye for an eye, a tooth for a tooth". This group is reacting to the small glimpse they have gotten of juvenile delinquency and to the knowledge they have gleaned from the media of certain extreme but very rare manifestations of that criminality, such as crimes against persons. Left to its own devices and fanned by radio talk-show hosts, this fraction of public opinion is demanding that draconian measures be taken against juvenile delinquency.
By giving in to such pressure, the Minister of Justice shows that he pays more attention to what radio talk-show hosts say than to those working in the sector. Has he forgotten that his primary mission is to propose effective laws to Canadians that enforce our ideals of justice?
We are very disappointed that the Minister of Justice has abdicated his primary responsibility by proposing repressive and ineffective amendments inspired by ultraconservative opinions on social policy first propagated by the Reform Party, then apparently adopted by the Liberal party as their own.
The Bloc Quebecois believes that we can and must channel the legitimate concerns of the population towards a better understanding of juvenile delinquency and towards a willingness to apply adequate preventative and deterrent measures, as well as effective rehabilitation measures for young offenders.
The minister promises that he will take that approach later, while forcing us to adopt amendments which go against the spirit of the very approach he proposes. The members of this
House must understand that the amendments proposed by the Minister of Justice reflect a policy and values that are fundamentally different from those underlying the act itself.
By increasingly linking sentencing to the seriousness of the offences committed as the sole factor, these amendments thwart the search for measures consistent with both the seriousness of the offences and the needs of the young offenders. This search is the very basis for the existence of a Young Offenders Act distinct from the Criminal Code.
How can they ask us to renounce today the underlying principles of a law that is supposed to undergo a thorough review in the coming months?
We are well aware of the inconsistency in the approach proposed by the Minister of Justice and will vote against these amendments. We know, however, that the bill is at the third reading stage and that, unless it is withdrawn by the Minister of Justice, it will be passed by the government majority, probably with the support of Reform members.
Therefore, I ask the Minister of Justice straight out to reconsider his position and initiate his proposed review of the Young Offenders Act now before this bill is passed.
I am confident that such a decision would be widely supported across Canada, and it would be the only acceptable option from Quebec's point of view. In Quebec, this bill was opposed not only by those who work with young offenders but by the Quebec government, which expressed its opposition very clearly through its Minister of Justice, its Minister of Health and Social Services, and its Minister of Public Security.
As early as June 14, 1994, Roger Lefebvre, as the then Minister of Justice and on behalf of his colleagues, the Minister of Health and Social Services and the Minister of Public Security, told his federal counterpart about his deep concerns regarding Bill C-37. Quebec's position, together with a detailed analysis of the bill, was relayed to the federal deputy minister as early as September 12 and tabled before the House of Commons justice committee.
Let me read the main conclusions of this analysis: Bill C-37 does not resolve the problem adequately; Bill C-37 is unfounded; Bill C-37 is full of inconsistencies and ambiguity; Bill C-37 has undesirable and unjustified effects in terms of service organization and principles as well as in clinical and financial terms.
Quebec's position on this bill could hardly be clearer and more devastating. I want to emphasize the fact that this position was developed by members of the previous Cabinet in Quebec, a Liberal Cabinet, and that it was fully endorsed by the present Party Quebecois government. Therefore, there is no doubt that this position reflects a very large consensus in Quebec society.
The federal justice minister must understand that, should the amendments contained in this bill be passed, the justice, health and social services departments as well as those primarily responsible for their enforcement in Quebec would then be forced to put into application amendments to the Young Offenders Act that they unanimously denounced and against which the vast majority of members from Quebec would have voted.
This brings to light a serious situation where the Canadian majority would impose upon the people of Quebec values and directions to which they object.
This situation appears all the more unacceptable that most witnesses from the rest of Canada and even federal justice analysts agree that Quebec is in fact a model in combatting youth crime and rehabilitating young offenders.
While the youth crime rate in Quebec compares favourably to the rate in the other provinces, the number of cases transferred is much lower than it is in the other provinces. There are only 9.4 per cent of referrals in Quebec, with 25.4 per cent of the youth population between the ages of 12 and 17.
This is due to a large extent to the enforcement measures put in place in Quebec and a more extensive use of the alternative measures program. In addition, the emphasis put on the Youth Protection Act and its enforcement in Quebec makes it possible to deal with difficult family circumstances without resorting to the Youth Offenders Act. In short, Quebec has developed an integrated and efficient approach and the other provinces should follow suit.
How are we to explain to our fellow Quebec citizens that, if this bill is passed, we will have to abide by the wishes of the federal Parliament even though these amendments were rejected unanimously by the Quebec departments and officials in charge of enforcing them?
Of course we will have to mention the constitution, although the hon. member for Shawinigan and Prime Minister of Canada does not like it when we bring this up. Well, according to the Canadian constitution, the Young Offenders Act is a federal matter, although its implementation is up to the provincial governments.
Quebec will have to submit to the will of Parliament in this respect, until we change the constitution or decide to draft our own constitution, as a sovereign country.
Some members or observers may think I am just using this debate to promote the sovereignist option by stressing the differences between Quebec and the federal government. That is certainly not the case, since I have asked the Minister of Justice to delay the passage of this bill and to proceed with a review that would be beneficial to all the provinces of Canada.
If the Minister of Justice says no, I will have to conclude that we are faced with two different philosophies regarding youth crime and that the rest of Canada, by using the powers conferred by the constitution on the federal Parliament, is forcing on Quebec an approach that it cannot accept. I think that young people in Quebec who are in trouble deserve a more satisfactory response than the one proposed by the Minister of Justice, which draws its inspiration from the repressive and ultraconservative policies that come to us from Western Canada.
In any case, the Bloc Quebecois will do everything in its power to stop these policies at the Quebec border. First, by voting against this bill, and then by maintaining our support for sovereign status for Quebec, which would give it exclusive legislative powers.
[English]