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Bill C-3: Youth Criminal
Justice Act changes the rules of publication of the identity of
young accused, victims, and witnesses
An
early federal election ended parliamentary consideration of Bill
C-3: The Youth Criminal Justice Act before the House
of Commons. The Bill would have revamped publicity provisions
dealing with youths involved in prosecutions. The Minister tabled
amendments which responded
to media representations, though they left a lot to be desired.
They clarified that there was to be a publication ban on a young
person's identity until that person has been convicted and sentenced,
no matter what the age or crime. This is quite a departure from
today's practice, where once a young person in serious cases is transferred
to adult court, that person's identity can be published and the community
can read and hear about who is on trial. The amendments also
clarified that a young person and their parents, or, if the young
person is no longer living, just the parents can agree to identification
of the young person. On the latter point, the media took
the position that no permission should be required to identify a person
for whom funerals are held and in respect of whom history may be written.
Ad
IDEM had joined the Canadian Newspaper Association in writing the
House of Commons Standing Committee on Justice and Human Rights
and the Minister of Justice to support CBC's
submission (en francais)to
permit greater identification of youths charged with offences for
which they could potentially receive adult sentences. The
government proposed that publication of who is on trial in such
offences wait for a conviction.
There
were a number of other provisions
affecting publication in Bill
C-3.
The
Bill cleared Committee
in the House on September 20, 2000. See the last
version of Bill C-3.
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