Department of Justice

MINISTER OF JUSTICE INTRODUCES NEW YOUTH JUSTICE LAW

OTTAWA, March 11, 1999 -- The Honourable Anne McLellan, Minister of Justice and Attorney General of Canada, today introduced the new Youth Criminal Justice Act in the House of Commons. The new law replaces the Young Offenders Act and is a key element of the government's comprehensive strategy to renew Canada's youth justice system.

"Canadians want a youth justice system that protects society and instills values such as accountability, responsibility and respect," stated Minister McLellan. "They want governments to help prevent youth crime in the first place and make sure there are meaningful consequences when it occurs. The new Youth Criminal Justice Act is designed to help achieve these goals."

The new Act fulfills the commitment made in May, 1998, when the Government of Canada released its Youth Justice Strategy, to bring forward new legislation that would: better distinguish between violent and non-violent crime and provide appropriate measures to deal with both; strengthen efforts to rehabilitate young people who commit crimes; and encourage the use of effective, meaningful alternatives to custody for non-violent youth.

The Youth Criminal Justice Act includes provisions that:

• allow an adult sentence for any youth 14 years old or more who is convicted of an offence punishable by more than two years in jail, if the Crown applies and the court finds it appropriate in the circumstances;
• expand the offences for which a young person convicted of an offence would be presumed to receive an adult sentence from murder, attempted murder, manslaughter and aggravated sexual assault to include a new category of a pattern of serious violent offences;
• lower the age for youth who are presumed to receive an adult sentence for the above offences to include 14- and 15-year-olds;
• permit the publication of names of all youth who receive an adult sentence. Publication of the names of 14- to 17-year-olds who receive a youth sentence for murder, attempted murder, manslaughter, aggravated sexual assault or repeat serious violent offences will also be permitted;
• allow the Crown greater discretion in seeking adult sentences and publication of offenders' names;
• create a special sentence for serious violent offenders who suffer from mental illness, psychological disorder or emotional disturbance that will include an individualized plan for custodial treatment and intensive control and supervision;
• promote a constructive role for victims and communities, including ensuring they receive the information they need and have opportunities to be involved in the youth justice system;
• give the courts more discretion to receive as evidence voluntary statements by youth to police;
• require all periods of custody to be followed by a period of controlled supervision in the community to support safe and effective reintegration;
• permit tougher penalties for adults who wilfully fail to comply with an undertaking made to the court to properly supervise youth who have been denied bail and placed in their care. This responds to a proposal made by Chuck Cadman, M.P. (Surrey North) in a private member's bill;
• permit the provinces to require young people or their parents to pay for their legal counsel in cases where they are fully capable of paying;
• allow for and encourage the use of a full range of community-based sentences and effective alternatives to the justice system for youth who commit non-violent offences; and
• recognize the principles of the United Nation Convention on the Rights of the Child, to which Canada is a signatory.

The proposed Youth Criminal Justice Act was developed after extensive consultation with provincial and territorial officials, front-line workers, police, legal professionals, judges, academics and non-governmental organizations. It has built-in flexibility, sought by the provinces, to accommodate their unique needs and differences in approach as they work to achieve the objectives of the Youth Justice Strategy.

The legislation is a key part of the government's Strategy to renew youth justice. The Strategy also includes a commitment by the Government of Canada to work with the provinces and territories, child welfare, mental health, law enforcement and other professionals to develop a new strategy to address children under the age of criminal responsibility that protects the public while providing these children with the treatment they need.

The Strategy recognizes that changes to the law are only one part of the solution to youth crime. The Strategy is linked to other federal, provincial and territorial initiatives, including the National Strategy on Community Safety and Crime Prevention and the National Children's Agenda, that address the broader factors linked to youth crime.

"Changes to the law are important, but we need to look at the big picture," Minister McLellan said. "Are our children being taught the skills and values they need to succeed? Can we help families and communities do more to support young people or address early behaviour problems? The Government of Canada is working on these important issues with its provincial and territorial partners in order to find effective, sustainable solutions."

The Youth Justice Strategy will be implemented in close co-operation with the provinces and territories. New resources were allocated in the 1999-2000 Federal Budget ($206 million over the first three years) to support provincial and territorial efforts to meet the objectives of the Strategy and to provide greater stability and equity in federal funding.

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Ref.:
        Pierre Gratton              Catherine Latimer
        Director of Communications  Director
        Minister's Office           Youth Justice Policy
        (613) 992-4621              (613) 957-9623