Mr. Speaker, the Young Offenders Act is extraordinary because its application is not general.
It is extraordinary because it provides for different conditions for young people. It is extraordinary because its approach and philosophy are unique. And finally, it is extraordinary because it recognizes the specific needs of our young people.
The Young Offenders Act strikes a balance between protecting society and meeting the needs of the young person. We must remember that the rehabilitation of young offenders is as important to society as protecting society itself. Society also has an interest in letting a young person acquire the maturity he needs to cope with the realities of life.
Protecting society, to us, means two things: an obligation to prevent the young person from committing criminal offences and an obligation to provide the help he needs. Of course, young
people are responsible for their actions, but they cannot be expected to assume the same level of responsibility as adults.
Because of their dependent status and their level of development and maturity, they have special needs and requuire not only counselling and support but also monitoring, discipline and supervision. The treatment of young people who are in trouble is something we should not just accent but actively promote, approve and support.
Mr. Speaker, the question of youth rehabilitation is not an easy one. It is clear that the existing legislation has its shortcomings, and the tragic incidents that occurred recently are an indication that it must be improved. Criticism of this legislation is becoming increasingly vocal and widespread. Many factors contribute to a general lack of public confidence, including a poor understanding of the phenomenon of youth crime and of the provisions of the legislation.
For instance, the public does not realize that in youth court, sentences may be for the same period as sentences given in adult court for a similar offence, and proportionally speaking, more offenders are convicted in youth court than in adult court, and this applies to practically all types of offences.
I agree there is a very genuine public concern about the increase in violence among young people, but when we talk about youth violence, we must also consider the broader social and cultural context in which it occurs. Poverty, low self esteem, unemployment, little education, isolation, lack of decent housing and early exposure to abusing treatment, often in the young person's family, are all factors that in many cases will cause a young person to become violent.
Throughout the election campaign, the Government promised to proceed quickly with reform of the Act. It adopted a comprehensive and balanced approach to criminality among young people, with a number of leading ideas, including recognition of the importance of preventing the particular problems of Aboriginal youth and the defence of a separate but strengthened system of justice for all young people, except the most dangerous.
In order to adopt the best approach to reform, the Government is taking into consideration a number of factors that are deemed important. It is clear that the system of justice for young people cannot be assessed in isolation from other systems, that is, youth protection, health and education, which are essential to the prevention of crime among young people and which interact with the justice system when an adolescent commits an offence.
The confidence of the public must be re-established, but the federal government will not achieve this on its own. It is useless to blame the Act blindly without taking a look at the shortcomings of its application and the inadequacy of services.
The Minister of Justice announced recently the strategy chosen to reform the Young Offenders Act. The proposed new justice strategy has two phases: first, a bill which shall be tabled during the month of June; and second, a parliamentary review which will examine the nature and extent of youth crime.
The review will also look at the age limits, parental involvement and alternatives to criminal responses. In fact the old justice system applicable to youth will be under review. The review will examine ways the federal government can better prevent child and youth crime and promote integrated responses to child and youth problems at the federal level with health, immigration and employment.
The bill will focus primarily on murder and other serious personal injury offences. Other changes to the act are also under study to better respond to youth who are involved in criminal activities. These changes may include amendments to court provisions, custody provisions, and the evidence provisions of the act.
The government wants to strengthen the effectiveness of intervention in the interests of greater protection and enhance rehabilitation in the youth justice system. The government is also looking at alternatives to custody for less serious offences.
These changes will represent important improvements to the act. They target two distinct categories: youth whose behaviour shall be addressed by the youth system in the community; and youth involved in the most serious offences who may require longer sentences.
The proposed changes remain true to the ideal of an individualized approach which permits the youth court to make the most rational choice in the individual circumstances of each case. I believe that the modifications will be well balanced, will recognize the principle of rehabilitation and will encourage community based sentences.
It is true that Canada is having problems with a minority of youth who are involved in serious and violent crimes. But we must not lose sight that the vast majority of youth who are dealt with in the juvenile system do not reoffend; they become contributing members of our society.
Our youth justice system is geared to dealing with the particular needs of young people who are still developing and maturing. The youth justice system benefits from a specialized judiciary with expertise in dealing with young persons. It allows pre-sentence reports which allow for a more holistic approach than that pursued in the adult system. It also allows for specialized medical and psychological reports which may be ordered when the judge is of the view that the young person may be suffering from problems such as learning disabilities or emo-
tional disorders. It has the capacity to involve families at all stages of the process.
It is obvious that youth crime requires a multifaceted response. Legislative change alone will not solve the problem, but it is an important first step to restoring public confidence.
