News release

Nova Scotia Leads National Call for Youth Crime Changes

Justice

Nova Scotia's justice minister has moved the country a step closer to tougher youth crime laws.

Provincial justice ministers, who are gathered in Whitehorse, learned today, Nov. 9, that the federal government has agreed to Michael Baker's call for an immediate review of the Youth Criminal Justice Act.

"I'm very encouraged that federal minister Irwin Cotler has agreed to review the issue of custody for out-of-control youth," said Mr. Baker. "There's an obvious shortcoming in the law that prevents judges from incarcerating youth who are a danger to themselves and others."

Mr. Baker said the threshold should be whether the offences are in the broader category of "serious personal injury offences," as opposed to being "violent" offences. The broader range of offences would give the courts more leeway to hold out-of-control youth in custody.

Under the Criminal Code, serious personal injury offences would include:

  • the use or attempted use of violence;
  • conduct endangering, or likely to endanger life or safety;
  • sexual assault, sexual assault with a weapon, aggravated sexual assault, threats, and causing bodily harm.

Mr. Baker also proposed that judges be able to incarcerate a youth who commits a serious offence while out on bail, regardless of whether the youth has a previous conviction.

"We've had our own tragic events in Nova Scotia," said Mr. Baker. "I'm hearing similar stories from across Canada about young offenders committing repeat offences and being able to walk out of court with nothing more than a warning. This craziness has to stop. I'm glad to see this kind of support, because it's fundamental to public safety in our communities."

Nova Scotia sought changes to the Youth Criminal Justice Act and the Criminal Code of Canada, following the tragic death of 52-year old Theresa McEvoy of Halifax in October 2004.

Justice Merlin Nunn of the Nova Scotia Supreme Court is leading an inquiry into circumstances that led to a 16-year old being released prior to the fatal collision. The boy was subsequently charged in connection with the death of Ms. McEvoy. Further information on the inquiry is available at www.nunncommission.ca .

Mr. Baker also supported proposed measures to fight the illegal use of firearms, prompted by recent shootings in Toronto. But he stressed that tougher laws must focus specifically on criminals who jeopardize public safety, not law-abiding citizens who use firearms for hunting or recreation.

He also called on the federal government to renew its commitment and increase core funding for legal aid. Mr. Baker said Nova Scotia has been increasing its support for legal aid, but warns that the system is at risk unless the federal government pays its fair share.