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>PARLIAMENT>HOUSE OF COMMONS SPEECH

 HOUSE OF COMMONS SPEECH


September 28, 2011

Justice Legislation

Mr. Ed Holder (London West, CPC): Madam Speaker, I am pleased this afternoon to participate in the second reading debate on Bill C-10, the Safe Streets and Communities Act.

    We all know that the safe streets and communities act proposes a wide range of reforms to strengthen the law's response to several things: child sexual abuse and exploitation, serious drug and violent property crimes, terrorism, violent young offenders, offender accountability and management, and the protection of vulnerable foreign workers against abuse and exploitation.

    As many hon. members have noted, the bill brings together in one comprehensive package reforms that were included in nine bills that were put before the previous Parliament and that died on the order paper with the dissolution of Parliament for the general election.


    Many hon. members have participated in several hours of debate today and ongoing debate from the last Parliament to now. It is clear that some do not share the same views as the government about the need to address crime in our society, the need to increase public safety, the need to better balance the role of victims in the justice system and the need to make offenders more accountable.

    My remarks here today need not repeat what some of my hon. colleagues have already noted about the key features of Bill C-10 and the importance of these reforms. I propose to briefly comment on the important reforms proposed in Bill C-10 as they relate to the Youth Criminal Justice Act.

    The Youth Criminal Justice Act came into effect in April 2003. The reforms now proposed in Bill C-10, Safe Streets and Communities Act, have been shaped by consultation with a broad range of stakeholders. After five years of experience with the Youth Criminal Justice Act, a review was launched by the Minister of Justice in 2008. This began with discussions with provincial and territorial attorneys general to identify the issues that they considered most important.

    In May 2008, the Minister of Justice began a series of cross-country round tables, often co-chaired by provincial and territorial ministers, in order to hear from youth justice professionals, front-line youth justice stakeholders and others about areas of concern and possible improvements regarding the provisions and principles of the Youth Criminal Justice Act.

    Input from individuals and organizations was also provided through the Department of Justice website, in letters and in in-person meetings. The results showed clearly that most provinces, territories and stakeholders believe the current youth legislation works well in dealing with the majority of youth who commit crimes. However, there were concerns about the small number of youth who commit serious, violent offences or who are repeat offenders who may need a more focused approach to ensure the public is protected.

    Clearly, the message was to build upon the good foundation of the law and make much needed improvements and the reforms proposed in Bill C-10 reflect this. Although the Youth Criminal Justice Act is working well for most youth, particular elements of the act need to be strengthened to ensure that youth who commit serious, violent or repeat offences are held accountable with sentences and other measures that are proportionate to the severity of the crime and the degree of the responsibility of the offender.

    There have been concerns voiced from many sources and this government has responded. The reforms included in Bill C-10, previously included in Bill C-4, known as Sébastien's law, would enhance our fair and effective youth justice system and result in a system that holds youth accountable for their criminal misconduct and promotes their rehabilitation and re-integration into society in order to promote the protection of the public.

    In addressing amendments to the Youth Criminal Justice Act, it is important to note that the act's preamble specifically references that Canada is a party to the United Nations Convention on the Rights of the Child. The Youth Criminal Justice Act also recognizes that young persons have rights and freedoms, including those stated in the charter and the Canadian Bill of Rights. Nothing in Bill C-10 will impair these rights of young persons.

    The Youth Criminal Justice Act provides for a range of responses that relate to the seriousness of the crime. These sentences also address the needs and circumstances of the youth and promote rehabilitation.

    Amendments to the Youth Criminal Justice Act will ensure that young people under 18 who are serving a custody sentence will serve it in a youth custody facility. It will no longer be possible to put young people in adult prisons or penitentiaries, where the correctional regime is more suited to adults and where young people could all too easily become vulnerable to older, more hardened criminals. It is in the interests of the protection of society that young people become rehabilitated, and this amendment is aimed to ensure that this takes place.

     While a sound legislative base is an essential part of ensuring that Canada has a fair and effective youth justice system, it is also essential to address the conditions that underlie criminal behaviour if we are to achieve any long-term or meaningful solution to the problem. Conditions such as addiction, difficult childhoods, mental health, fetal alcohol syndrome, or longer-term marginalization will continue to pose challenges to solving the problems of youth offending.

    Our government has implemented various programs to assist in addressing these issues. The national anti-drug strategy has a significant youth focus. On the prevention front, the government has launched a national public awareness program and campaign to discourage our youth from using illicit drugs. The government has made funding available under the youth justice fund for pilot treatment programs that will assist with the rehabilitation of youth who have drug problems and are in the justice system, and for programs that are working toward preventing youth from becoming involved with guns, gangs and drugs.

    Partnering with health, education, employment and other service providers beyond the traditional system, we can all work together. For example, through the youth justice fund the Department of Justice provided funding to a pilot program called Career Path, which offers a comprehensive specialized service for youth in the justice system who are at risk or are involved in gang activities. The program offers youth educational training and employment opportunities by connecting them with an employer who will also act as a mentor to facilitate making smart choices, foster pro-social attitudes, build leadership skills and gain valuable employability skills as a viable option to gang membership.

    The reforms to the Youth Criminal Justice Act are essential and responsive and should be supported as a key part of a broader effort on the part of the government to prevent and respond to youth involved in the justice system.

    I would like to bring it a little closer to home, if I may.

    This is the story of Ann Tavares, of London, who suffered a huge loss in November of 2004 when Stephan Lee stabbed her son 28 times. Steven Tavares was an innocent victim who was in the wrong place at the wrong time. His death irreparably scarred the lives of those who loved him forever. That loss is what happened.

    To compound her tragedy, her son's killer was found not criminally responsible due to mental disorder and sent to an Alberta hospital the following year. He was conditionally released in May 2008 and is now living in Alberta. All of this happened without notification to the victim's family or the public at large.

    Suffering such a loss might have destroyed an individual. However, this became an impetus for Ann's quest to make others aware of what happened to her son and the lack of justice for this heinous crime. She has lobbied tirelessly against the inequities of the system, a system the government is trying to fix.

    Ann strongly felt that there needs to be a connection between mental illness and crime. Specifically, she felt that the insanity defence needs to be banned. She felt that to say a perpetrator is not criminally responsible is too subjective. Mental impairment is a defence that anyone can claim. If someone commits a crime, that person should be punished.

    She believes mental illness should not absolve someone from the crime they committed. The punishment needs to be based on the severity of the crime, and a fixed minimum time needs to be served before they are put back into the community. However, Ann did want good to come of her tragic situation. In addition to the punishment, she felt that the perpetrator should get mental health treatment, and that to protect innocent victims like her son and the community at large, such criminals should not be released into the community until they have been certified as not a risk to others.

    I would like to expand on that through the questions and answers, if I might, Madam Speaker.
    Madam Speaker, I have a question for my colleague.

    I met with workers from the Sainte-Anne-des-Plaines penitentiary, which is in my riding. They told me that sending more people to prison will make their jobs more difficult and more dangerous. I would like to know what my colleague has to say about how this bill would affect these workers. I would also like to know what the government is going to do for them.
    Madam Speaker, I think my colleague's question is thoughtful and fair. At the same time, I think we need to always recall that this is about protecting the victims in society and I want to honour the guards and administrators in our system who are responsible for ensuring that those people who need to be kept away from the general public are in fact kept away. I think they do an excellent job in my colleague's riding and in all ridings across this country, and I would like to salute them, .

    I would like to bring this a bit closer to home. I am very concerned about issues relating crime and the things we can do on behalf of youth. One of the things I do is a polling question every week. I send it to some 15,000 people as my question of the week. It is from people right across my community, but particularly in the great riding of London West. I would like to provide some responses in the hope they will give some clarity to why Bill C-10 is so important. I know we all care in this House, but this is critical.
When London West residents were asked if publishing the names of young offenders publicly after criminal conviction would hurt their chances of rehabilitation, 65% said it would not.
    When my constituents were asked online if those convicted of sex-related crimes, including pedophilia, should be eligible to apply to have their criminal records pardoned, 95% responded “yes”.

    This was the final question: when I asked my constituents if opposition parties should support the Conservative government's efforts to limit the ability of serious criminals and sex offenders to obtain a pardon, 94% said “yes”.
    Madam Speaker, my question relates to the intended or unintended consequences on the budgets of provincial jurisdictions. My colleague would know full well that his government supports money for police and for prisons, but between police and prisons there is a system under stress. Much of that system under stress is paid for by the provinces. I am referring to the prosecutors and the places in provincial institutions, which are presently full. I realize that the bulk of his speech focused on youth criminal justice; this applies both to youth criminal justice and to adults.

     I would ask for his comments on what measures are going to be put in place to allow the provinces to tackle this financial burden that is being downloaded to them as a result of this legislation.
    Madam Speaker, I appreciate the question and I think the member will be very pleased with the answer.

    He may not be aware, but I certainly want to let all colleagues in the House and all Canadians know that in this past year this government put $2.4 billion back into the system to ensure that we could provide the kind of protection and support that our provinces need. I am pleased to say we have done that.
    Madam Speaker, I appreciate the comments from the member, but he made reference to one aspect of the bill. I think we need to recognize that the government is bringing forward a bill that is a series of bills that should have been bills on their own. As a result of doing that, the Conservatives have further complicated the matter by saying that we now have a limited amount of time to debate a bill that encompasses many other bills.

    Would he not agree that what Conservatives are really doing is a disservice, and is disrespectful to the proceedings of the House in not allowing members to deal with bills on an individual basis? In essence--
    Order, please.

    I must give the hon. member 30 seconds to respond.
    Madam Chair, it is rather interesting that when all these bills were put forward to this House, our colleagues opposite had the opportunity to support them on an individual basis and chose not to, so I find it very curious that now, when we try to pull it together as one comprehensive bill, the member takes a separate view.

    My Cape Breton mom once said about politicians, “After it's all said and done, there's a lot more said than done”.

    It is now going to stop.
  

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