‘My soul is hurting’

Isat Buchanan, Opposition Spokesperson on Youth and Human Rights, made an impassioned plea to the Joint Select Committee reviewing the Child Diversion Act. He urged them to consider simple possession of a firearm or ammunition as an offense eligible for child diversion, rather than leaving it solely to a judge's discretion. Buchanan believes children caught with firearms should have a chance to avoid a permanent criminal record.

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We are well aware that there are adults who are using children, even children below the age of criminal responsibility, to lock firearms, let’s call it that, and to carry.

During a sitting at Gordon House, Buchanan emphasized that adults often use children, even those below the age of criminal responsibility, to carry firearms. He argued that to effectively divert these children from deviant behavior, simple possession must be an option for diversion programs. "If we leave it to the discretion under section 37 in that contemplation, I’m afraid that there will be children who won’t be able to benefit," he stated.

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So if we are going to be in the business of being able to pull these children and divert them from this deviant behaviour, possession simpliciter has to be a space that we can divert them and put them in programmes.

However, Buchanan's proposal met resistance from committee chairman Delroy Chuck and other members. They warned that making simple firearm possession a scheduled diversion offense could remove judicial discretion. This, they fear, might allow criminals to exploit children as gun carriers, knowing they could be sent to diversion if caught. The committee is currently reviewing the matrices and submissions on the Child Diversion Act, 2018, with this disagreement highlighting a key tension in the proposed amendments.

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If we leave it to the discretion under section 37 in that contemplation, I’m afraid that there will be children who won’t be able to benefit.