This morning, I tabled in the House of Commons the Youth Criminal Justice Act, new youth justice legislation to replace the Young Offenders Act.

I am very pleased to recognize some special guests here today: Maitre Jacques Fournier, Batonnier du Quebec; Priscilla de Villiers, President of CAVEAT; Steve Sullivan, Executive Director of Victims of Violence; Chief John Lindsey, President of the Canadian Association of Chiefs of Police; Assistant Commissioner Cleve Cooper of the RCMP; Betty Green, Past President of the Canadian School Boards Association; Herb Kreling, Secretary/Treasurer, Canadian Association of Police Boards; and Damian Solomon, Assistant Director of Professional Development, Canadian Teachers Federation.

When I released the government’s Youth Justice Strategy last May, I pointed out that Canadians have lost confidence in the Young Offenders Act. Fifteen years of experience have shown us that Canada’s youth justice system is not working as well as it should in many significant areas.

Last June, the Government of Canada began the process of youth justice renewal when the Solicitor General and I launched the National Crime Prevention Program. Since then, several millions of dollars have been invested in community-based crime prevention initiatives across the country — dealing at the front end with the root causes of crime, with a special focus on youth at risk.

The tabling of the Youth Criminal Justice Act is the next key step in the process of youth justice renewal.

With the legislation I am tabling today, Canadians are being sent a clear message that a new youth justice regime will be established. The new legislation reflects, in its preamble and principles, the message Canadians want from their youth justice system: that it is there, first and foremost, to protect society. That it foster values such as respect for others and their property. That it insist on accountability and that it provide both violent and non-violent young offenders with consequences that are meaningful and that are proportionate to the seriousness of the offence. That it be a youth justice system that is inclusive, that engages Canadians in the response to youth crime and that does a better job of responding to the needs of victims.

And also, because Canadians are not mean-spirited, that it be a system that offers hope to youth, that gives youth who get in trouble with the law a chance to turn their lives around — for their sake and for the sake of their families and their communities.

The new Act includes more meaningful consequences for the most serious, violent young offenders.

We are expanding both the list of offences and lowering the age at which youth can receive adult sentences. When the legislation is passed, youth 14 years and older who are convicted of murder, attempted murder, manslaughter, or aggravated sexual assault will receive an adult sentence, unless a judge can be persuaded otherwise. In addition, we are creating a fifth presumptive category for repeat, violent offenders, where young offenders aged 14 and older who demonstrate a pattern of violent behaviour will receive an adult sentence, unless a judge can be persuaded otherwise.

I am also making an important change to what may be the most controversial aspect of our youth justice legislation: the publication of names. The debate on this issue essentially involves two legitimate and competing values: the need to encourage rehabilitation by avoiding the negative effect of publicity on the youth, versus the need for greater openness and transparency in the justice system. This may be the issue on which provinces’ views differed the most.

The new Act will permit the publication of the names upon conviction of all young offenders who qualify for an adult sentence. Publication of the names of 14- to 17-year-olds given a youth sentence for murder, attempted murder, manslaughter, aggravated sexual assault or repeat violent offences could also be permitted. The new legislation will also, however, permit the Crown to give notice at the beginning of a trial that it will not seek an adult sentence. This would mean that, at the provincial or territorial Crown’s discretion, the young person would receive a youth sentence and the young person’s name would not be published.

The new legislation also replaces the current procedure for transfer to adult court by empowering all trial courts to grant adult sentences, so that justice can be provided quickly, placing less of a burden on victims and families. This will also ensure that the offender, the victim or victim’s family and the community see a clear and timely connection between the offence and its consequences.

The new legislation contains other important reforms to the youth justice system. We are responding to concerns in the law enforcement community by reducing the legal complexities in determining whether voluntary statements by youth to police can be admitted into evidence. We have listened to victims and will permit victim impact statements to be introduced in youth court and improve victims’ access to information regarding proceedings. We will permit an increased sentence for adults who agree to bail conditions, involving supervision, for a young person who would otherwise remain in custody and where they wilfully fail to comply with those conditions. We will change the rules to allow the provinces to recover the costs of court-appointed counsel from parents and young people who are fully capable of paying. And we will simplify the record-keeping system for youth records and allow authorized people such as victims, police officers or school authorities to access youth records.

Meaningful consequences for violent offenders, however, require more than firmer sentences and tighter rules.

The majority of young people who get into trouble with the law are non-violent and only commit one offence. Unfortunately, there are too many examples in our current youth justice system of young people serving time in jail for minor offences. We incarcerate youth at a rate four times that of adults and twice that of many U.S. states. We incarcerate youth, despite the fact that we knowingly run the risk that they will come out more hardened criminals. And we incarcerate them, knowing that alternatives to custody can do a better job of ensuring that youths learn from their mistakes.

The new Act will place criteria on the use of custody so that it is used appropriately. Police will be asked to consider all options, including informal alternatives to the court process before laying charges. The police — key partners in this strategy — will be given more authority to use verbal warnings or cautions, to direct youth to informal police diversion programs such as a "family group conference", or more formal programs requiring community service or repairing the harm done to the victim. The new resources allocated in the 1999 Budget for youth justice — $206 million over the next three years — will be available to provinces to ensure such alternatives are available — so that the more expensive and formal court process is reserved for youth crimes that warrant it.

We also have an obligation to ensure that all young offenders, including the most serious, receive effective treatment and rehabilitation. Successfully rehabilitated youth mean fewer victims, restored families, safer schools, and stronger communities.

To this end, we are creating an intensive custodial sentence for the most high-risk young offenders who are repeat violent offenders or have committed murder, attempted murder, manslaughter or aggravated sexual assault. These sentences are intended for offenders with serious psychological, mental or emotional illness or disturbances. The sentence will require a plan for intensive treatment and supervision of these offenders and will require a court to make all decisions to release them under controlled reintegration programs.

We are also making an important reform to youth justice sentencing. In the new legislation, judges will be required to impose a period of supervision in the community following custody. This will allow authorities to closely monitor and control the young offender and to ensure he or she receives the necessary treatment and programs to return successfully to the community. The period of supervision, administered by the provinces, will include stringent mandatory and optional conditions, tailored to the individual.

The new Act is consistent with the Strategy I released last May. It was developed after consultation with the provinces, the police, the Bar, youth justice workers, youth themselves, victims and others. It is no secret that, across Canada, there are different views — in some cases, starkly different views — on how best to respond to the problem of youth crime. However, as a result of the extensive consultations that have taken place — and I want to thank all my provincial and territorial colleagues for the dedication of their officials over the past 10 months to this effort — the legislation I am tabling today reflects a balanced, common-sense and effective approach to youth justice. Moreover, the legislation has been designed to provide the provinces and territories with greater flexibility in the administration of the law to respect the different approaches taken across jurisdictions. And here, let me underscore a vital point: the new legislation I have tabled today is only as effective as its application and implementation. The provinces are crucial to the success of youth justice renewal and I look forward to working closely with them to make it successful

As we approach the implementation phase, I want to underscore the need for increased community involvement. This is a fundamental shift in the Government’s new approach to youth justice and it is key to the success of our renewal efforts. Our experience over the last 15 years has made one thing abundantly clear ¾ youth justice cannot be the sole purview of a few select system professionals working in isolation. Effective youth justice must also involve educators, child welfare and mental health systems, voluntary organizations, victims, families, youth employers, neighbourhood groups ¾ just about anyone who works with or cares about our kids, our communities and our country.

The Government’s Youth Justice Strategy opens the door to greater public and professional involvement in dealing with youth crime, and I urge Canadians to get involved. The introduction today of the Youth Criminal Justice Act marks an important turning point for Canada’s youth justice system. It is our collective challenge to make sure we succeed.

Thank you.