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A Consultation Paper
It is important to be vigilant in safeguarding the fairness and effectiveness of our justice system. It is equally important to ensure that the fundamental principle of our justice system is the protection of society. For that reason and as a direct result of the Nova Scotia's Nunn Commission report, I have decided to do a comprehensive review of the pre-trial detention and release provisions under the youth justice system. Recent events, research findings, and concerns raised by heads of corrections, judges, academics, practitioners, provincial and territorial governments and others support an undertaking of this nature.
The Government has a clear interest in ensuring that those who have been charged with offences are brought to justice, and that they do not abscond or cause serious harm to society while awaiting trials. At the same time, we recognize protections against arbitrary detention and for reasonable bail which are respected both in our Bill of Rights and the Charter.
The federal government now seeks your views and advice as part of a comprehensive review of pre-trial practices and provisions applicable to youth facing criminal charges. This consultation paper: sets out information on experience with the pre-trial detention regime for youth; identifies a number of issues; and raises questions about how the pre- trial detention system for youth should be structured. This is a complicated area involving the Criminal Code, the Youth Criminal Justice Act and fundamental principles of justice. We therefore appreciate and look forward to learning your views on these or any other aspects of pre-trial issues facing youth. As this is an important issue that needs to be addressed in a timely manner, we would appreciate receiving your comments by August 31st, 2007.
Thank you for contributing to make our youth justice system fairer and more effective.
The Honourable Rob Nicholson, P.C., Q.C., M.P.
Minister of Justice and Attorney General of Canada
