Mr. Speaker, as I rise—in the time that has been allocated to me today—to carry out one of the duties of public office in the Canadian Parliament, I find myself able to draw on my relevant experience as a criminal defence lawyer and on empirical and theoretical legal notions.
The first thing that struck me when I began my term here in Parliament was that more of my colleagues have a background in law than in political science. I simply wanted to mention this. Young people who have their sights set on political office and are deciding what to study at university should consider studying law.
My speech today on cyberbullying will give me an opportunity to draw on my professional experience in both private practice and as a legal aid lawyer. I will briefly review my experience.
After passing the bar exam in 2006, I started working in legal aid. I articled for six months. My articling supervisor at the time was Bernard Lynch, a criminal lawyer. From 2006 to 2007, I worked on approximately 400 cases with the same employer. Much of the subject matter in those cases would today be considered cybercrime. I will put all of this into context.
In 2006, I was called upon to work on a case involving child pornography. I represented a client who was charged with storing information of a deviant nature on his computer—information and photographs that involved minors—and also with sharing that information with people in the United States. That was my first introduction to cybercrime.
I opened my own legal practice in 2010, and in 2011 I worked on four other cases involving youth. Three minors and an adult were co-accused. They were all charged with the same offence: uttering racially motivated hate speech on the Internet, making this publicly available in chat rooms, and uttering death threats and threats of bodily harm to individuals and designated groups, including aboriginals.
I asked myself how I ended up with these cases, since I myself am a member of the Uashat community. I am the lawyer who handled these cases. The young people claimed to belong to a skinhead movement, which was not proven.
We can see the evolution of these cases, and my comments today are based on my personal and professional experience.
In retrospect, some day I will be able to boast about the fact that I witnessed first-hand the expansion of cybercrime. Offences involving the inappropriate use of electronic devices were certainly common when I first started working as a jurist with the judicial district of Mingan, in 2006, but it is only over the years that accusations about the hate-related nature of comments made online reached unprecedented levels, including with our youth.
I mentioned that in 2006 it was an adult who was charged. Over time, I noticed a kind of democratization of that offence, if I may say so. Indeed, by 2011, many more young people were targeted and they were making much greater use of social media. So, something which, at the beginning, was an offence involving distinctive groups, including adults with a sexual deviance, has now spread to young people in general.
It is only after discussing the issue with the hon. member for Chicoutimi—Le Fjord that it seemed relevant to present my thoughts to the public. My years of practice with young people have gradually led me to adopt a pragmatic view of the situations involving offences committed by minors. My knowledge of the principles of gradation for sentences under the Youth Criminal Justice Act lead me to believe that, depending on the seriousness of a case, the courts try to identify sentences other than remand, such as ordering that a young offender be put in a youth centre.
During the discussions on the letter of the bill before us and on the advisability of the measures to adjust sanctions applicable to cyberbullying, I presented to my colleagues numerous elements that are used as benchmarks to write a pre-sentence report.
A pre-sentence report is part of the criminal justice system for youth but also for adults, for which the same type of report is sometimes written. That is always done at the request of the defence attorney, or of the crown prosecutor. Personally, in a given situation or case, when I would see that a young person was very likely to be found guilty of an offence, I would invite him to cooperate with social workers. Usually, it was the social worker dealing with the young person. When a request is made for a pre-sentence report, the social worker ultimately meets the young offender and writes a report that mentions, among other things, the young person's risk of reoffending, his ability to reintegrate the community—that ability is rather obvious in the case of a young person, but less so in the case of an adult—and the support that he enjoys, both at a social and family level.
The report's conclusions will include a recommendation to the judge regarding the sentence to be handed down. I wanted to explain that aspect.
As my colleagues were told during consideration of the bill, my experience in the field allows me to say that it is quite unlikely that a minor, with no previous summary conviction offences in the area of criminal harassment—a summary conviction offence is a type of criminal offence, the other type being an indictable offence, well, it is a little bit complicated—defamatory libel or false messages, would be sentenced to a period in a youth facility.
The bill under consideration aims at updating the Criminal Code so that it gives greater coverage to certain offences perpetrated using a computer or on the Internet. This update is essential in this era of social networks and electronic communications.
That being said, the effect of the massive use of social media by young people will have to be weighed. As I pointed out at the beginning, we have seen that their use has been gradually increasing. They were used a little less in 2006 and, in 2011, they were used quite widely. Young people use social media quite commonly. Their passion for electronic communication is such that provision should be made for an alternative dispute resolution process or mechanisms for assessing the appropriateness of diversion for cases that otherwise would be tried summarily under the Youth Criminal Justice Act.
When I refer to diversion, I am speaking about all the alternative measures that can be used within the community, within the existing system, to support a young person, rather than prosecuting a case and saddling that person with such a liability, especially when the charge is less serious, as in the case of cyberbullying.
I am well aware that the courts today work in conjunction with social workers and the community to determine whether it would be appropriate, in a particular case, to find an alternative to confining the young person in an institution or perhaps even prosecution. At that point, judges will often try to find an alternative.