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.
I will itemize these. These former bills are:
Bill
C-4, Sébastien's Law (Protecting the Public from
Violent Young Offenders); Bill
C-5, Keeping Canadians Safe (International Transfer
of Offenders) Act; Bill
C-16, Ending House Arrest for Property and Other
Serious Crimes by Serious and Violent Offenders Act;
Bill
C-23B, Eliminating Pardons for Serious Crimes Act;
Bill
C-39, Ending Early Release for Criminals and
Increasing Offender Accountability Act; Bill
C-54, Protecting Children from Sexual Predators Act;
Bill
C-56, Preventing the Trafficking, Abuse and
Exploitation of Vulnerable Immigrants Act; Bill
C-59, Abolition of Early Parole Act; Bill
S-7, Justice for Victims of Terrorism Act; and
finally Bill
S-10, Penalties for Organized Drug Crime Act.
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--
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.