Amendments to Youth Criminal Justice Act: Library of Parliament Legislative Summary

The federal government introduced Bill C-25, An Act to Amend the Youth Criminal Justice Act, in the House of Commons on November 19, 2007. The Bill is now in 2nd reading.

The Parliamentary Research and Information Service of the Library of Parliament has prepared a Legislative Summary of the proposed legislation:

"Overall, the bill strengthens the provisions of the Youth Criminal Justice Act on pre-trial detention and sentencing. More specifically, it ... broadens the possibility of pre-trial detention for a young person who represents a danger to the public or has previously failed to comply with conditions of release (clause 1); broadens the possibility of pre-trial detention for a young person who represents a danger to the public or has previously failed to comply with conditions of release (clause 1); adds the denunciation and the deterrence of unlawful conduct to the Act’s principles of sentencing (clause 2) (...)"

"To critics of the bill, it represents a step backward. They point out that before the YCJA came into effect, Canada had the world’s highest youth incarceration rate, even higher than that of the United States. We should therefore continue to stress rehabilitation and reintegration into society, and avoid incorporating concepts applicable to adults into the YCJA. Community workers say the bill will increase the number of young people held in custody for minor offences, thus misallocating the justice system’s resources."

"Studies suggest that a punitive approach may be ineffective in combatting youth crime, since young people often act on impulse, without thinking about the possible consequences. A number of people, including the former attorney general and chief justice of Ontario, regard prevention as the key, rather attempted deterrence in the form of stiffer sentences. These critics feel that the government should look into the disturbing problem of the large number of inmates with mental health problems."

"By broadening the rules on pre-trial detention, Bill C‑25 could be contravening the fundamental principle of section 29(1) of the YCJA, which holds that pre-trial detention must not be used as a substitute for more appropriate youth protection and mental health services, or other social services (...) "

"The opposing argument is that the bill targets only the small group of young people who represent a real danger to society. The bill plugs a serious loophole in the youth justice system and gives more weight to the needs of victims and the community."