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FOR IMMEDIATE RELEASE
June 3, 2010
OTTAWA – The Canadian Bar Association’s (CBA) National Criminal Justice Section says that while Bill C-4, Youth Criminal Justice Act amendments, contains some necessary changes, it should not be passed as it would undermine the long term protection of society.
“The CBA supports an approach to youth justice that leads to greater public safety over the long haul,” says Scott Bergman of Toronto, Member of the National Criminal Justice Section. “The Bill moves away from a restorative and rehabilitative model of youth justice to a more punitive model, which is both unnecessary and contrary to sound public policy based on well-accepted social science.”
In its submission, the CBA says the Bill would mean more young people would go to jail for longer periods of time, although youth crime has not been increasing, and the diversion and rehabilitation goals of the current Youth Criminal Justice Act (YCJA) have been working well.
The submission notes that according to the Canadian Centre for Justice Statistics, overall crime has been falling since the early 1990s and violent youth crime has remained stable for several years. “Every province and territory has experienced reductions in youth court caseloads since the introduction of the YCJA, and fewer youth cases are resulting in jail sentences being imposed.”
“In other words,” says Scott Bergman, “there are fewer court cases and fewer youth in custody without any related increase in violent youth crime.”
The CBA is also concerned that the proposed amendments seem to send a message that three key participants in the criminal justice system – the police, Crown counsel and the judiciary – should not be trusted with discretionary powers. “The CBA opposes amendments which would directly or indirectly discourage these groups from exercising their professional discretion under the YCJA. Discretion is the cornerstone of a just system,” notes the brief.
Scott Bergman will present the CBA submission to the Commons Justice and Human Rights Committee on Thursday, June 3, at 11:00 a.m. in Room 752, 131 Queen Street. The submission is available on the CBA website.
The Canadian Bar Association is dedicated to support for the rule of law, and improvement in the law and the administration of justice. Some 37,000 lawyers, law teachers, and law students from across Canada are members.
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MEDIA CONTACT:
Hannah Bernstein
The Canadian Bar Association
Tel: 613-237-2925, ext. 146
E-mail: hannahb@cba.org
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