| REPORT OF THE COMMITTEE | THURSDAY, November 8, 2001 |
The Standing Senate Committee on Legal and Constitutional Affairs
has the honour to present its
TENTH
REPORT
Your
Committee, to which was referred Bill C-7, An Act in respect of criminal
justice for young persons and to amend and repeal other Acts, has in
obedience to the Order of Reference of September 25, 2001, examined the said
Bill and now reports the same with the following amendments:
1.
Pages 2 to 4, Clause 2:
(a)
Page 2,
(i)
Add immediately before line 3, on page 2, the following:
“2. (1)
An object of this Act is for the law of Canada to be in compliance with the
United Nations Convention on the Rights of the Child, and this Act shall be
given such fair, large and liberal construction and interpretation as best
assures the attainment of this object.”; and
(ii)
Renumber subclauses 2 (1) to (3) as (2) to (4)
and any cross-references thereto accordingly.
(b)
Page 3, Replace
lines 30 to 38 with the following:
“(a)
an offence committed, or alleged to have been committed, by a young person who
has attained the age of sixteen years, under one of the following provisions of
the Criminal Code:”; and
(c)
Page 4,
(i)
Replace lines 5 to 15 with the following:
“(b)
a serious violent offence for which an adult is liable to imprisonment for a
term of more than two years committed, or alleged to have been committed, by a
young person after the coming into force of section 62 (adult sentence) and
after the young person has attained the age of sixteen years, if at the”; and
(ii)
Replace line 21 with the following:
“committed
a serious violent offence and if at the time of the commencement of proceedings
the Attorney General does not elect, in writing, to decline to treat the offence
as a presumptive offence.”.
2.
Page 17, Clause 19: Add
after line 17 the following:
“(5) Rules
established under subsection (3) for the convening and conducting of conferences
must
(a)
provide for the right of the young person to attend with counsel; and
(b)
comply with the principles of procedural fairness and natural justice.”
3.
Page 21, Clause 25:
(a)
Delete
lines 21 to 31, and;
(b)
Renumber
subclause 25(11) as subclause (10) and any cross-references thereto accordingly.
4.
Page 38, Clause 38:
(a)
Replace
lines 27 and 28 with the following:
“for that
offence;
(d)
all available sanctions other than custody that are reasonable in the
circumstances should be considered for all young persons, with particular
attention to the circumstances of aboriginal young persons; and
(e)
subject to paragraph (c), the sentence”; and
(b)
Renumber
all references to paragraph 38(2)(d) as references to paragraph 38(2)(e).
5.
Page 57, Clause 50: Replace
line 23 with the following:
“except
for paragraph 718.2(e) (sentencing principle for aboriginal offenders),
sections 722 (victim impact state-”.
6.
Page 68, Clause 61:
(a)
Delete
lines 23 to 28; and
(b)
Renumber
clauses 62 to 200 as clauses 61 to 199 and any cross-references thereto
accordingly.
7.
Pages 79 and 80, Clause 76:
(a)
Page 79, Replace
lines 16 to 19 with the following:
“(b)
a youth custody section of a provincial correctional facility for adults, in
which young persons are kept separate and apart from any adult who is detained
or held in custody; or
(c)
if the sentence is for two years or more, a youth custody section of a
penitentiary, in which young
persons are kept separate and apart from any adult who is detained or held in
custody.”;
(b)
Page 80, Replace
lines 18 to 21 with the following:
“(b)
a youth custody section of a provincial correctional facility for adults, in
which young persons are kept separate and apart from any adult who is detained
or held in custody; or
(c) if
the sentence is for two years or more, a youth custody section of a
penitentiary, in which young persons are kept separate and apart from any
adult who is detained or held in custody.”.
8.
Page 113, Clause 110: Replace
line 29 with the following:
“(2) When
the youth justice court, on application of the prosecutor, determines that the
public interest will best be served, subsection (1) does not apply”.
9.
Pages 129 and 130, Clause 125:
(a)
Page 129, Add
after line 31 the following:
"(7) A
youth justice court judge shall disclose to a representative of any school board
or school or any other educational or training institution any information
contained in a record kept under section 114 if the disclosure is necessary
(a)
to ensure compliance by the young person with an authorization under section 91
or an order of the youth justice court;
(b)
to ensure the safety of staff, students or other persons; or
(c) to
facilitate the rehabilitation of the young person. "; and
(b)
Pages 129 and 130, Renumber
subclauses 125(7) and (8) as subclauses (8) and (9) and all cross references
thereto accordingly.
10. Pages 145 and 146, Clause 146:
(a)
Page 145, Delete
lines 37 to 46; and
(b)
Page 146, Renumber
subclauses 146(7) to (9) as subclauses (6) to (8) and any cross-references
thereto accordingly.
11. Page 150, New Clauses 158 and 159:
(a)
Page 150, Add
after line 40 the following:
"Review
of Act
158.
(1) Three years after the coming into effect of the Act and at the end of every
five-year period thereafter, the Minister of Justice shall undertake a
comprehensive review of the operation of this Act and cause to be laid before
both Houses of Parliament a report thereon including any recommendations
pertaining to the amendments to this Act that the Minister considers necessary
or desirable.
(2) For the
purpose of the report referred to in subsection (1), the Minister shall consult
the Attorney General of every province and persons, groups or class of persons
or a body appointed or designated by or under this Act or an Act of the
legislature of a province and representatives of aboriginal people of Canada.
159. (1) As soon as the Minister of Justice’s report has
been laid before both Houses, a comprehensive review of the report and of the
provisions and operation of this Act shall be undertaken by such committees of
the Senate, of the House of Commons or of both Houses of Parliament as may be
designated or established by the Parliament to determine if the objectives of
the Act are met in various provinces across Canada.
(2) The committee referred in subsection (1) shall, within six months
after the completion of the review undertaken pursuant to that subsection or
within such further time as Parliament may authorize, summit a report on the
review to Parliament including a statement, if any, as to any changes the
committee recommends."; and
(b) Renumber clauses 158 to 200 as clauses 160 to 202 and any cross-references thereto accordingly.
Respectfully submitted,
LORNA MILNE
Chair
