DISSENTING OPINION OF THE BLOC QUÉBÉCOIS
ON THE RENEWAL OF THE YOUTH
JUSTICE SYSTEM
Having spent many hours studying and visiting rehabilitation centres; having
attended all sorts of meetings; and having questioned experts and the people who actually
enforce the Young Offenders Act, the Bloc Québécois would have expected English
Canada to be more understanding. We find it hard to come up with an explanation for the
change in direction by the committee, which on the surface appears to have succumbed to
the Reform Party ideology in order not to offend that segment of the electorate.
ON THE RENEWAL OF THE YOUTH JUSTICE SYSTEM
Clearly, wrapping up the review of the Young Offenders Act as part of Phase II of the process of overhauling the criminal justice system applicable to young offenders mere days before a probable federal election call encourages the intervention of many external factors. The federal Liberals preferred in the majority report to pay lip service and put forward vote-getting recommendations that will satisfy English Canada alone instead of clearly demonstrating the protection sought by the legislation.
Throughout the study, the Bloc Québécois defended tooth and nail the traditional position taken by Quebec in its statements on young offenders. Prevention and rehabilitation are the best bets for eliminating youth crime. We stated on more than one occasion that Quebec's success in this area was not achieved overnight. Beginning in the early 1960s, Quebec spent time and money enforcing the federal legislation and at the same time fostered the protection of young people in trouble with the law. We believe that when young people commit serious crimes, they must be punished accordingly. It bears remembering, however, that rehabilitation and prevention must be given priority wherever possible.
Quebec statistics illustrate the positive impact of the approach advocated by the Quebec government. However, we have no choice but to conclude that the message has not gotten through clearly enough to preserve the status quo sought by the Quebec legislature.
We thought (mistakenly) that the Liberals on the Committee would have understood Quebec's approach. On more than one occasion, they held up as examples Quebec's methods and policies regarding young offenders. We had hoped the report would contain recommendations in line with what the Liberals were saying. However, yet again, the findings in the report do not necessarily correspond with the recommendations.
Although we could see signs of change within the Liberal government, there was not enough political will to follow Quebec's lead.
We tried in vain to convince the members of the Committee on Justice and Legal Affairs of the effectiveness of Quebec's approach to young offenders in a bid to get a unanimous report. However, the intolerance of the government's regressive approach to this issue and the lack of respect for constitutional jurisdiction won out in the end. In the context, we could not agree with the majority recommendations.
For that reason, our dissenting opinion is based on the allocation of funds, the minimum age for qualification as a young offender and federal interference.
Allocation of funds
Before making a series of recommendations that would involve money for multimedia education campaigns or any other young offender program, the government should be much more responsible and consistent when the time comes to allocate funds to the provinces to implement measures related to young offenders.The allocation of federal funds for enforcement of the Young Offenders Act is unfair to Quebec because Quebec has a far more progressive policy on young offenders. Moreover, the amounts transferred to Quebec by the federal government are smaller. Quebec is, for all intents and purposes, being penalized and made a victim of its own success in enforcing the Young Offenders Act.
Furthermore, from a quantitative and mathematical standpoint, there is a flagrant financial injustice. Quebec accounts for 24.5% of Canada's youth. Why is it, then, that it receives only 18.3% of the funds allocated by the federal government? This inequity represents a shortfall for Quebec of more than $77 million from 1989 to 1997.
Minimum age
The majority report recommends that youth court have jurisdiction, with the consent of the Attorney General, over 10- and 11-year-olds charged with criminal offences causing death or serious injury.This recommendation is not only ambiguous in terms of what constitutes serious injury, but also represents a big step backward. In taking this approach, the Liberal majority is making the Attorney General ultimately responsible for the decision as to whether or not a 10- or 11-year-old is a criminal.
The Bloc Québécois, in keeping with its proposal, recommends that the age at which a youth is held criminally responsible not be lowered in this manner. The status quo is preferable by far. Children who commit such crimes should be referred for counselling, as has been the practice in Quebec for more than 30 years.
Federal interference
The recommendations in the majority report essentially deal with areas that are not under Ottawa's jurisdiction.Moreover, the Committee has no place recommending to the Government of Canada that it initiate discussions with the ministers of Justice of the provinces and territories to launch education campaigns or tell them how to spend their money or redirect their resources.
The imposition of criteria, standards or any other conditions by the federal government is simply unacceptable under the Constitution, which states that the administration of justice is an area of exclusive provincial jurisdiction. The federal government has absolutely no business getting involved in this area.
Conclusion
The Bloc Québécois will make two recommendations to the Department of Justice of Canada.Recommendation 1: The Government of Canada should reimburse the Government of Quebec for the $77 million it has had to spend over and above transfers received to enforce the Young Offenders Act.
Recommendation 2: The Minister of Justice of Canada should apply the status quo to any changes in the Young Offenders Act and respect the authority of the provinces, which have constitutional jurisdiction over the administration of justice.
MP for Berthier - Moncalm