- Sebastien's Law Studied by Parliamentary Committee - Richard Gould
Bill C-4 was read a second time in the Canadian Parliament and referred to committee on May 3, 2010. The bill amends the Youth Criminal Justice Act (YCJA). The Standing Committee on Justice and Human Rights met to study the bill for the first time on May 11, 2010.
During committee meetings, witnesses with relevant knowledge, experience, or an interest in the subject matter of a bill give brief presentations on the proposed legislation. Committee members then ask questions. The first meeting for each bill starts with testimony from the minister who sponsored the bill.
Justice Minister and Attorney General Rob Nicholson appeared at this meeting, along with Catherine Latimer and Paula Kingston, two officials from the Department of Justice. The official transcript of the meeting, known as the Evidence, is available online.
Adult Sentences for Young Offenders
One provision of Bill C-4 requires Crown prosecutors to consider seeking an adult sentence for young offenders charged with serious crimes. Provinces would be able to set the age when prosecutors would have to start doing so at 14-, 15-, or 16-years-old. .
Liberal MP Brian Murphy asked why the bill lays out this "kaleidoscope of standards" for provinces to choose from.
"The facilities are operated by the provinces," said Nicholson, quoted in the Evidence. "These matters are conducted, as for the most part all criminal prosecutions are, with provincial resources."
Near the end of the meeting Latimer responded to a question from Conservative MP Stephen Woodworth about how the adult sentences for young offenders would work in practice. She said that in cases where a youth is charged with murder, manslaughter, attempted murder, or aggravated sexual assault, Crown prosecutors would have to tell the court if they were going for an adult sentence. Latimer also said that prosecutors would still be able to seek adult sentences in other cases, but that would be at their discretion.
Young Offenders in Adult Facilities?
While provisions of new juvenile justice legislation would prohibit young offenders under 18 who have been given adult sentences from serving in adult facilities, teenagers under the age of 18 who are accused of crimes are sometimes housed in adult facilities before trial, according to testimony from the Department of Justice witnesses. The new legislation would not prohibit that.
Nicholson said that every effort is made to keep such youths separate from the adults in these circumstances. in his consultation with territorial Attorney Generals he has been told that the situation can't be avoided because in some cases there aren't enough resources.
"To transfer somebody several hundred miles overnight may not be possible," he was quoted in the Evidence as saying, "but we made it clear -- and they understand we are putting this provision in -- that any individual who serves a sentence will not serve that sentence in an adult facility."
Later in the meeting, Conservative MP Daniel Petit asked for further clarification about when young offenders given adult sentences have been incarcerated in adult penitentiaries. Kingston told him that while it is possible under current legislation, it happens rarely. When it does happen, it is only when someone has already been sentenced and while the judge is deciding on where to place the offender. Petit pushed for specific numbers but was told they didn't have any exact numbers since the YCJA came into effect. Before that, there were a maximum of five per year across the country.
Relevant Supreme Court Rulings
During his opening remarks, Nicholson referred to two Supreme Court rulings that inform parts of the legislation. In R. v. C.D., the Supreme Court defined a "violent offence" as any offence that "causes bodily harm, or is intended to cause bodily harm, or if it is reasonably foreseeable that the action may cause bodily harm." Bill C-4, however, would widen this definition to include any action that endangers someone by increasing the chances of being harmed. In R. v. D.B., the Supreme Court found parts of the YCJA unconstitutional, specifically provisions that put the onus on young offenders to justify why they should receive a youth sentence. Instead, Bill C-4 shifts the onus onto Crown prosecutors to justify why a young offender should get an adult sentence.
Rehabilitation and Public Safety
Bloc Québécois MP Serge Ménard said that the Youth Criminal Justice Act currently states that the youth system is to protect society by rehabilitating young offenders, but that Bill C-4 will make rehabilitation a secondary objective. Nicholson responded that rehabilitation is still important, the proposed bill does not change that, and does clarify that the government wants offenders to be responsible for their actions.
Conservative MP Rick Norlock later quoted a passage from the Throne Speech about the youth criminal justice system responding "strongly to those few who commit serious and violent crimes, while focusing on the rehabilitation of all young offenders." He asked Nicholson to explain it. Nicholson said that a lot of the public concern with young offenders is with the small group of serious offenders and that the bill is meant to better deal with them to protect the public.
Since many of the provisions of Bill C-4 are designed to remove legislative barriers to youth incarceration, NDP MP Joe Comartin asked if anyone had analyzed how much the expected incarceration increases would cost.
"No, we don't have any studies of that," said Nicholson, as quoted in the Evidence.
C-4 Continues Through the Committee Stage
Since this meeting, the Standing Committee on Justice and Human Rights has met to hear testimony on this bill another four times, most recently on June 3, 2010. They have not yet made their final report to Parliament.
Aaron Jacklin - Aaron Jacklin is an Ontario-based writer. He majored in criminal justice and public policy at the University of Guelph, studied journalism ...
