'Dismal legacy': Ottawa's failure to appeal court
ruling endangering lives, Cauchon warned
Youths will get away with murder
By capitulating to a Quebec court decision that
softens the Youth Criminal Justice Act, the federal government will
enable young offenders to literally get away with murder, Ontario's
Conservative government charged yesterday.
In a sharply worded letter to Martin Cauchon, the
federal Minister of Justice, Norm Sterling, the Ontario
Attorney-General, accused the Liberal government of endangering the
lives of all Canadians when it decided against appealing a
controversial Quebec court ruling. "Your failure to take a stand continues this dismal
legacy to youth justice in Canada and will further weaken an already
inadequate piece of legislation," Mr. Sterling wrote. He said he was frustrated by the March 31 Quebec
Court of Appeal decision that stated the new youth-crime legislation,
which replaced the Young Offenders Act on April 1, violates the
Charter rights of teenagers accused of violent offences.
Under the Youth Criminal Justice Act, people as
young as 14 convicted of violent crimes would be subject to adult
sentences. But the Quebec court ruled it was unconstitutional
to have such accused criminals tried as adults and to make their
identities public. Instead of appealing the decision, Mr. Cauchon said
he will rework some of the hard-line provisions to satisfy the court.
Mr. Sterling accused the federal government of
"backing down at a time when people are looking for strong leadership
on youth crime." "Serious, violent offenders must be held accountable
for their actions and as justice ministers, we must have the courage
to defend those of our laws that protect the public," he wrote in a
400-word missive that was copied to all provincial and territorial
justice ministers.
The Ontario Attorney-General also said his
province's concerns are virtually being ignored. "Prior to the passage of this bill, the Ontario
government proposed more than 100 amendments to the Youth Criminal
Justice Act. These amendments would have provided meaningful
consequences that hold young offenders accountable for their crimes,"
Mr. Sterling said. "They included adult trials and sentences for 16-
and 17-year-old youths charged with serious, violent offences such as
murder. They also would have provided for broader provisions for
protecting the public by publishing the identities of these
offenders," he said. "Not one of Ontario's recommendations — all aimed
at strengthening the legislation — was adopted by the federal
government.
"And now you have decided to reopen the Youth
Criminal Justice Act to make it an even less effective means of
protecting communities from violent young offenders," he said.
By Robert Benzie
12 May 2003
http://www.nationalpost.com/national/story.html?id=644DB70D-6743-458F-98DA-22FEBDAF82D9
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