Same offences, different consequences

Earlier this month, Prime Minister Stephen Harper's government tabled a bill to amend the Youth Criminal Justice Act - one of the focal points of his re-election platform. The bill emphasizes harsher sentences for young offenders committing violent crimes and for repeat offenders.

The Conservative party says the sentences are more appropriate, will hold young offenders more accountable, and put a greater emphasis on protecting the community. 

But the amendments are flawed, says Michael Spratt, a criminal lawyer at Webber Schroeder Goldstein Abergel in Ottawa and member on the board of directors of the Criminal Lawyer's Association. He believes that young offenders are prime candidates for rehabilitation, and that should be the paramount objective in legislation that deals with youth justice.

"We are sacrificing something that we know works - rehabilitation, with something that we know doesn't, which is scaring these kids into thinking they're going to go to jail," says Spratt.

Ignoring Consequences

James Thompson agrees. He is currently serving the end of his two year adult sentence, at Kirkpatrick House, a halfway house in Ottawa. When he began getting into trouble with the law at the age of sixteen, the thought of going to prison was not a concern.

"I don't think these changes will have any effect on young people committing crimes at all," he says. "I know when I was younger at first going to jail didn't really bother me."

We are sacrificing something that we know works - rehabilitation, with something that we know doesn't.

Thompson, 45, believes most kids aren't really thinking of the consequences when they're involved with criminal activity.

"They just don't care," he says.

In a statement released by the Department of Justice on March 16, Minister of Justice and Attorney General of Canada Rob Nicholson, stated that this new legislation will place greater important on the rights of victims.

"In bringing forward these amendments we are acknowledging all Canadian families who have lost loved ones in crimes involving youth violence,” said Nicholson.

The bill has been dubbed Sébastien's Law in memory of Sébastien Lacasse, a 19-year-old who was killed by a group of youths at a house party in Laval, Que. in 2004. A 17-year-old pleaded guilty and was sentenced as an adult. 

Adult sentencing

The changes will require the courts to consider adult sentences for those under the age of 18 convicted of the most serious crimes such as murder and aggravated assault.

The proposed changes will hold young offenders more accountable. This could lead to harsher sentences.

The federal government is also proposing changing the current legislation to allow courts to consider publishing the names of young offenders when necessary for the protection of society. 

Spratt believes this will only get in the way of young offender's reintegration into society.

"To have your name attached to a violent crime is quite the stigma to bear when you're trying to rebuild your life," he says. "We want these kids to go to university, to get jobs, to travel, to lead normal lives eventually."

Pamela Stephens, the Justice minister's press secretary, argues that none of the proposals would change the importance of rehabilitating young offenders.

"This legislation simply aims at adding tools that will help the system deal specifically with violent and repeat young offenders who threaten public safety," she says.

Government programs need improvement

The Ottawa Carleton Detention Centre is a maximum security provincial institution that houses more than four hundred young offenders. Tyler Roy, a correctional officer at the centre, believes the proposed changes will only encourage young criminals to re-offend.

"Once you're in here, it's hard to get out," says Roy. "They stick them in here and they make friends. They make friends with more criminals. So by the time they get out, that's all they know. They don't know anybody else and nobody wants to help them."

Roy acknowledges that the youth system has more progams of rehabilitation that adult penitentiaries, but like Spratt, thinks improving and expanding those programs should be the federal government's main concern.

"I don't think these kids want to be bad, they just fall in the wrong path and can't get out. And now they're making it even harder."