Minister defends tougher treatment of young offenders
Proposed
bill would shift focus from rehabilitation to denunciation, critics charge
By Laura
Stone
Justice Minister Rob
Nicholson defended his bill to amend the Youth Criminal Justice Act on Tuesday,
saying proposed changes will protect society by targeting "violent and
repeat young offenders" under 18 years old.
Despite some concern
from opposition parties that the bill's focus shift to "deterrence and
denunciation" could weaken efforts to rehabilitate young people, Nicholson
was steadfast in his view that the changes are in society's best interest.
"Canadians lose
confidence in the youth justice system when sentences are insufficient to hold
violent and repeat offenders accountable for their crimes," said
Nicholson.
"The Youth
Criminal Justice Act will be amended to broaden the sentencing principles and
remove barriers to custody to ensure that violent or repeat young offenders
will receive sentences that reflect the seriousness of their crimes."
The bill proposes
several changes, including:
- Simplifying and amending the rules
for pre-trial detention to include those charged with "serious
crimes" which carry sentences of five years or longer.
- Requiring the Crown to consider
seeking an adult sentence for offenders aged 14 to 17 convicted of murder,
attempted murder, manslaughter and aggravated sexual assault.
- Expanding the definition of violent
offences to include reckless behaviour and endangering public safety.
- Giving judges discretion on the
publication of names of young offenders convicted of violent offences.
- Requiring police to keep a record of
"extrajudicial" measures imposed on young people, even if they have
not been convicted of a crime in court.
The bill would also
add "deterrence and denunciation" to the sentencing principles,
leading some critics to charge that rehabilitation will no longer be priority.
During a committee
meeting to discuss the amendment bill, Liberal MP Brian Murphy questioned how,
if deterrence was added to the principles, the Youth Criminal Justice Act would
differ substantially from the treatment of adult offenders.
"Aren't you just
making it the Criminal Code?" asked Murphy.
Nicholson said that
deterrence in sentencing is ultimately "in [the youth's] best interest and
in the best interest of society.
"We do want the
individual to take responsibility – that's the first step in
rehabilitation," said Nicholson.
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