Brian Jean

[Safe Streets and Communities Act, November 29th, 2011]

Mr. Speaker, I appreciate my friend's intervention. The Nunn commission actually called on 47 witnesses over 31 days of testimony. I agree with the member, we do want to prevent crimes, and that is exactly what we are going to do with this legislation. We are going to ensure we send a clear message to people who would commit crimes to let them know that if they are going to commit crimes, they are going to do serious time.

[Safe Streets and Communities Act, November 29th, 2011]

Mr. Speaker, I too take offence that the member would take the position of criminals instead of law-abiding citizens and the Conservative Party of Canada that wants to protect Canadians and society as a whole.

[Safe Streets and Communities Act, November 29th, 2011]

Mr. Speaker, I know that some people have actually expressed that, as the member says, it is not justified. However, that is a small minority of people. It is criminals and the Liberal Party of Canada.

I do not agree with that. I think, frankly, people who commit serious crimes should do serious time because they have taken away something from people. They have violated society as a whole and public policy.

There is no question in my mind that a small minority of criminals get caught, but when they are caught, most of the punishments are, frankly, quite laughable. I have had an opportunity to see it first-hand.

We are not going to take the laughable position of the Liberal Party of Canada, or the laughable position of criminals for that matter.

[Safe Streets and Communities Act, November 29th, 2011]

Mr. Speaker, I appreciate the member's concern with this and I agree that prevention is very important. That is why we are going to ensure that people who commit serious crimes actually do time, that they are kept in jail where they cannot be sexual predators of minors, where they will not be able to do the things they were doing because the parole system in this country was not working properly.

We are going to ensure that Canadians and victims are listened to, and indeed, that the people who commit crimes, especially violent sexual offences, actually do the time and stay in jail where they will have an opportunity to be rehabilitated but will not have a chance to reoffend.

[Safe Streets and Communities Act, November 29th, 2011]

Mr. Speaker, I appreciate the opportunity to conclude my remarks because this is a very important bill for Canadians, who have expressed their desire to have us pass this into law as soon as possible.

I want to address something that I heard recently with relation to complaints from some quarters, in fact the opposition primarily, that there has not been sufficient time to study Bill C-10 in its entirety. If we look at the history and examination of the charges as they relate to the Youth Criminal Justice Act, we will see how very wrong that is. As I briefly outlined a minute ago, the proposed reforms to the Youth Criminal Justice Act that are contained in part 4 of Bill C-10, being made after consultations with a broad range of stakeholders and members of the public, are in response to key court decisions, such as the Nunn commission of inquiry, an extensive parliamentary study, and indeed, input from provincial and territorial partners.

First, most of us will know that the former Bill C-4 was extensively studied by the House of Commons Standing Committee on Justice and Human Rights prior to the dissolution of the previous Parliament. The committee actually held 16 meetings on that bill and heard from over 60 witnesses. I do not know how anyone in this place or elsewhere can say it was not properly consulted.

Second, prior to introducing former Bill C-4 in March 2010, the Minister of Justice undertook a comprehensive review of the Youth Criminal Justice Act. In February 2008, the Minister of Justice launched that review with a meeting he held with provincial and territorial attorneys general who, I would suggest, know much more than the opposition does in relation to the Youth Criminal Justice Act. They discussed the scope of the review to encourage provincial and territorial ministers to identify the issues that they had, that they had heard from their Crown prosecutors and others relating to the youth justice system, and that they considered the most important. That is very important.

Finally, in May 2008, the Minister of Justice, as I said previously, undertook a series of cross-country round tables usually co-chaired by provincial and territorial ministers in order to hear from youth justice professionals, front line youth justice stakeholders and others around this country about areas of concern and possible improvements regarding the provisions and principles of the Youth Criminal Justice Act.

To say it was not properly consulted and that we did not spend enough time is simply ludicrous. We have heard from Canadians and they have clearly outlined what they wanted us to do. We have consulted with stakeholders, including the provinces, members of the government and the public and, most importantly, victims. We are listening to victims.

The Nunn commission itself convened on June 29, 2005 and heard from 47 witnesses, with over 31 days of testimony. We are listening to Canadians, reflecting the society that they want, and moving forward on keeping all Canadians safe.

[Safe Streets and Communities Act, November 29th, 2011]

Mr. Speaker, thank you for the advance warning of my cutoff.

I have had an opportunity to practise criminal law in Canada for some period of time under the Criminal Code. In fact, I practised law for over 10 years in northern Alberta in a very busy criminal practice. Therefore, I speak to this matter first-hand. I want to let the previous member know that I saw the rotating door of the criminal justice system in Canada, especially in relation to youth offences, and I take exception to his statements relating to more crime. We heard some witnesses say that, but it is utterly ridiculous that if we send people to jail for more time there will be more crime. I do not think any normal Canadian would accept the premise of that member's comments.

However, I am very pleased today to talk about the important changes to the Youth Criminal Justice Act that are included in the safe streets and communities act. I think the title of this particular bill, the safe streets and communities act, is actually the purpose of the bill and exactly what the bill will accomplish once it becomes law. I am very proud to be part of that.

The proposed amendments to the Youth Criminal Justice Act are found in part 4 of Bill C-10, with a few exceptions. The proposals that are in the bill very much mirror the changes that were proposed in the former Bill C-4, Sebastian's law, which, of course, members are familiar with. This was introduced in the House of Commons on March 16, 2010. It was before the Standing Committee on Justice and Human Rights when Parliament was dissolved just prior to the May 2011 election.

The proposed changes to the Youth Criminal Justice Act reflect the concerns that I have heard clearly in committee and that I have heard for years from Canadians who have expressed concern about violent young offenders. When we think of our youth, we do not usually think of violence, but there is a certain minority of the population under the age of 18, youth, as our courts see them, who have no concern for society as a whole and who do commit very violent offences without thinking about the ramifications.

It also deals with youth who may be committing non-violent offences that, frankly, are spiralling out of control. I saw this time and time again. When we would look at a docket in Fort McMurray on a Wednesday, we would see the same names, not just for one week or two weeks but it would be a constant situation of young people who would be before the court on a continuous basis over the same issues. I do not think that is acceptable and I do not think Canadians find that acceptable because we continue to hear from them on that.

The package of Youth Criminal Justice Act amendments also respond to some other issues, particularly those issues that other Canadians and provincial Attorneys General raised with the Minister of Justice in his cross-country consultations.

I want to take a moment to compliment the minister for going door to door throughout the country, city to city, and talking to Canadians first-hand to find out exactly what they were interested in so that we, as a government, could do exactly what we are supposed to do, which is to reflect the priorities of Canadians. This bill would do exactly that.

These amendments also take into account and are responsive to key decisions of the courts, and these are courts right across Canada, provincial courts, territorial courts, superior courts of the provinces, and the Supreme Court of Canada, because, of course, the courts would reflect that, too, but it is ultimately our job as legislators to do that.

These positions also reflect what witnesses have told us. Victims groups and victims came forward and applauded this government on the bill and on specific things that we would bring about in this bill.

The reforms reflect the widely held view that, while the Youth Criminal Justice Act is working well in dealing with the majority of youth who commit crimes, there are concerns about the small number of youth who commit crime. It is a small number but it does not mean it is any less serious, in fact, it is even more serious because if we have an opportunity to deter these people early on in life they can then go back into society as a whole and become good citizens and contribute to society. However, these are people who, as I mentioned before, are repeat offenders and commit serious violent offences.

The proposed changes to the Youth Criminal Justice Act would do several things. First, they would amend the act's general principles to highlight protection of the public. That is very important because the judges, when they look at the act themselves, they can see that one of the primary concerns, which would seem fairly trite, would be to protect the public.

Second, the amendments would clarify and simplify the provisions relating to pre-trial detention, which is very important as well but has become quite cumbersome and complicated in the past years.

The third is to revise the sentencing provisions to include specific denunciation and deterrence factors as sentencing principles. Sentencing principles means that the judge takes that into consideration in the totality of the evidence put before him or her. This would broaden the range of cases for which custody will be available as well. Again, we heard clearly from Canadians that that is what they want.

Fourth is to require judges to consider allowing publication in appropriate cases where young persons are found guilty of violent offences. If we were to read the specific statute regarding this, we would see that it is very difficult for a judge to make that decision, but it is available to the judge if he or she feels it is in the public policy to do so, with some other criteria set out in the act itself.

Fifth is to require police officers to keep records of any extrajudicial measures they use in response to alleged offences by young persons.

Sixth is to define “violent offence” as an offence in the commission of a crime in which a young person causes, attempts to cause or threatens to cause bodily harm and includes conduct that endangers life or safety. It is hard to believe that these particular factors as set out in the Criminal Code were not there before, but this adds that criteria to the sentencing provisions of the judge and the considerations for him or her.

Seventh is to respond to the Supreme Court of Canada's 2008 decision R. v. D.B. by removing the presumptive offence and other inoperative provisions from the Youth Criminal Justice Act and by clarifying the test and onus requirements related to adult sentences.

Finally, eighth is to require that no youth under 18 sentenced to custody will serve his or her sentence in an adult prison or penitentiary. That is very important.

[Safe Streets and Communities Act, November 29th, 2011]

Mr. Speaker, I listened to my friend across the way intently. I am a member of the justice committee and I want him to know that I am interested in what he has to say, but for the most part he is talking about costs to implement the bill.

I am wondering if he has had an opportunity to speak to victims and to ascertain the cost if the bill is not imposed, if we continue to have high amounts of violent crimes in this country, if we continue to have loss of property through damage committed by youth, if we continue to have psychological damage to individuals needing treatment, and the cost to society as a whole when some crime gets out of control.

Has he looked at those costs, the real costs that victims are concerned with? They are not concerned with the cost of implementing the bill. The only time it is concerned with that cost is when it is not actually affected by any crime.

We have heard from Canadians. They are impacted by crime. They want it to stop, and they want the bill and these laws to go forward.

[Natural Resources, November 25th, 2011]

Mr. Speaker, this week we have some great news for workers in Canada and the United States. The state of Nebraska and TransCanada Pipelines have agreed to find a route for Keystone pipeline through Nebraska.

Keystone, when approved would mean 20,000 immediate construction jobs in the United States and tens of thousands of jobs in Canada. It will be the safest transportation method for oil in the world, oil from an ethical, safe, democracy that believes in equal rights for all and the rule of law for its citizens.

Yes, the NDP asked the Americans to stop the pipeline and kill tens of thousands of Canadian jobs. It is hard to believe the NDP would work to kill Canadian jobs and would encourage the purchase of oil from countries that do not allow women to vote, do not believe in individual rights and have many of their citizens live in fear and poverty.

Why would the NDP members do this? It is obvious they want to play politics with the lives of Canadians. They are not in it for Canadians; they are in it for themselves. They are not fit to govern.

[Multiple Sclerosis, November 24th, 2011]

Madam Speaker, I have a relative who had this surgery and I am interested in the types of questions that would be collected and that patients would answer.

I want to compliment the member as well. The surgery itself is very new around the world and I would like to compliment him on the step forward that he has taken, because it takes some initiative to do so, as well on as the research that he has done on it to bring hope to families and sufferers.

[Improving Trade Within Canada Act, November 24th, 2011]

Mr. Speaker, the previous speaker just does not get it. This is a bill that could actually help his constituents.

I am from Fort McMurray and, of the almost 10,000 Albertans who live in my city, most of them are from somewhere else in Canada. This was a huge issue for my constituents in the previous election, the previous one to that and the previous one to that. Most of my constituents are from areas closer to his home town than my home town. I cannot tell the House how much my constituents want this legislation. It means jobs and it would add to Canada's economy.

I would like the member to tell me how he thinks his constituents feel about this legislation, because it would affect the jobs that they want in order to take money back to their families and establish new lives in Alberta and elsewhere.