Ontario Correctional Services Minister Rob Sampson has been forced to resign after a Conservative MPP apparently violated the Young Offenders Act by disclosing the names of several young offenders in the Ontario Legislature, an offence punishable by up to two years imprisonment.
Doug Galt, MPP for Northumberland, allegedly disclosed the names last night during debate on legislation concerning the privatization of provincial jails.
Mr. Galt, who had attended a ceremony at a strict-discipline "boot camp" for young offenders in his riding, read out with pride the name of several inmates who had graduated from a program within the facility.
It is a violation of the Young Offenders Act, punishable by up to two years in prison, to publicly name anyone under 18 charged with or convicted of a criminal offence.
Within hours, Premier Mike Harris had released a statement saying that he had "reluctantly accepted" the resignation of Mr. Sampson, the minister responsible for provincial jails, and of Mr. Galt as parliamentary assistant for agriculture, food and rural affairs.
Intergovernmental Affairs Minister Norm Sterling has been appointed interim minister. The Premier's Office has referred the allegations to the office of the Attorney-General.
"It appears to be a clear breach of the Young Offenders Act," said Peter Jacobsen, a lawyer specializing in media and the act.
Mr. Galt had no right to broadcast the contents of the program in public, Mr. Jacobsen said. "The act is very clear. "There is no excuse for revealing the name of a young offender . . . the media, police authorities and everyone dealing with or associated with dealing with young offenders know the reason for the law, and are expected to obey the law," which is to prevent juvenile offenders from being stigmatized.
"I don't think an MPP is any different."
Two years ago, then-solicitor-general Bob Runciman resigned after he named a young offender during a Speech from the Throne.
In that instance, the offender's parents had granted consent, but the law prohibits naming even with consent. Mr. Runciman was reinstated after police concluded the error was inadvertent and not sufficient to warrant charges.
When Mr. Galt named the young offenders -- proof, he said, of the effectiveness of the Conservatives' law-and-order policies, New Democrat MPP Peter Kormos immediately rose to protest that the member appeared to have violated the act.
Mr. Galt initially dismissed the complaints. When the House returned from dinner recess, however, the government moved to have Hansard, the legislative record of Parliament, expunge the remarks.
Opposition MPPs protested that the Conservatives were attempting to destroy evidence. After several delays, all parties agreed to suspend the publication of Hansard pending a police investigation. However, the remarks were televised live on the Ontario parliamentary channel.
"This is very serious business," Liberal MPP Sean Conway told the legislature. "One of our colleagues may very well be charged. There will be at least a police investigation. . . ."
The New Democrats dispatched a letter to the Ontario Provincial Police and RCMP asking them to investigate an apparent breach of the act.
Inside the legislature, Mr. Galt rose to say only that "if I have done anything wrong I sincerely apologize." Outside, he told reporters he had not been aware when he read the names that he had done anything wrong.
John Ibbitson