The proposed legislation would require the courts to consider adult sentences for those convicted of these most serious crimes, when the circumstances require it.

Provinces and territories will still have the discretion to set the age at which this requirement would apply. For example, Quebec sets its threshold at 16 and older. The Minister said his proposal would not change that threshold.

The Minister also noted he proposes to ensure that offenders under the age of 18 will not be placed in an adult facility, even when they receive an adult sentence. Offenders under 18 will serve their sentences in youth facilities only.

“Currently, in some cases a youth convicted of a serious violent offence can be released into the community anonymously. For example, parents may have no way of knowing that a convicted sex offender is in the area,” said Minister Nicholson. “In such cases, we need to give the courts greater discretion to publish the names of young offenders, when the protection of society requires it.” Justice Canada.