View Youth Criminal Justice Act: http://laws-lois.justice.gc.ca/eng/acts/Y-1.5/index.html
What is the purpose of this act?
What powers are conferred on the state or its agents?
For more information, visit: http://deal.org/the-knowzone/health-and-safety/the-youth-criminal-justice-act-ycja/
How does this act benefit society?
List governmental and community based agencies that work within this legislated act.
What issues may be associated with the administration of this act?
How would you support and advocate for your clients in relationship to this act?
For more information, visit: http://www.canada.justice.gc.ca/eng/pi/yj-jj/
Identify community resources in your area that may assist clients to navigate through legal systems.
Describe and explain current or historical events as seen through the media that relate to this act, convention or charter. Provide a related link or copy of a newspaper article.
Youth Criminal Justice Act: Changing the law on young criminals
CBC News, June 23, 2006
http://www.cbc.ca/news/background/crime/ycja.html
Prior to the Juvenile Delinquents Act in 1908, young offenders were treated much like adults – they were held with adults while awaiting trial and received the same sentences as adults. Under the act a youth was treated "not as a criminal, but as a misdirected and misguided child." The Young Offenders Act in 1984 was an attempt to establish a tighter legal framework by allowing charges on specific offences, and by placing responsibility for the offence on the offender. It was criticized on many counts: for being too soft on the offender; for lacking a clear philosophy on youth justice in Canada; for inconsistent and unfair sentences; for not properly addressing serious and violent offences; for an overuse of the court system; and for not giving enough recognition to the victims. On April 1, 2003, the Youth Criminal Justice Act (YCJA) officially replaced the Young Offenders Act. It aims to emphasize the rehabilitation and re-entry of a young offender into society.
Quebec says its philosophy won’t change in the face of tougher federal laws.
By Katherine Wilton, The Montreal Gazzette, October 22, 2012.
http://www.montrealgazette.com/news/Quebec+says+philosophy+change+face+tougher+federal+laws/7428879/story.html
The current government passed legislation that would increase custodial sentences and increase the number of youth eligible for adult sentencing which comes into effect on October 23, 2012. Included in this bill is the option to publish names of young offenders. Quebec’s youth centres are promising to uphold the policies of rehabilitation and reintegration. Quebec’s reasons for this are based on research stating that “being punitive does not bring about the results we need”. Additionally, Quebec has had the lowest youth violent crime rate among all provinces between 2006 and 2009. They state rehabilitation has been effective because it takes a holistic approach. Quebec’s success is attributed to the amount of quality resources and supports available to young offenders.
What is the purpose of this act?
- To protect public safety against youth crimes by implementing appropriate consequences with the focus on, when warranted, rehabilitation and reintegration into society.
- This Act governs persons between 12 and 18 years of age. The developmental needs and rights of youth are acknowledged with the restitution for their crimes being weighed against the rights of the victims and public safety to provide meaningful consequences.
- The privacy of youth is protected except when the crime warrants the youth to be sentenced as an adult and the youth is between14 to 18 years of age.
What powers are conferred on the state or its agents?
- This is a Federal Act with the powers conferred by the Youth Justice Court.
- This Act supports efforts for extrajudicial measures and provides the police with options, including administering caution, referrals to programs or agencies to provide support and rehabilitation, community service or victim compensation.
- A conference may be held to decide on a course of action which brings together the affected parties. If incarceration is warranted, a Youth Court Judge determines the sentencing and may implement an adult sentence more serious crimes.
For more information, visit: http://deal.org/the-knowzone/health-and-safety/the-youth-criminal-justice-act-ycja/
How does this act benefit society?
- By acknowledging the developmental needs of youth, providing them with consequences and supports that focus on rehabilitation and reintegration. This benefits society by offering supports and programs that reflect societal values.
- This act addresses the underlying causes of criminal behaviour and works towards rehabilitating youth to become contributing members of society.
List governmental and community based agencies that work within this legislated act.
- The John Howard Society: http://www.johnhoward.ab.ca/pub/youthcrim/youth.pdf
- Victims of Violence: http://www.victimsofviolence.on.ca/rev2/index.php
- Correctional Services Canada: http://www.csc-scc.gc.ca/text/index-eng.shtml
- The Elizabeth Fry Society: http://efrypeelhalton.ca/about/elizabeth_fry.html
What issues may be associated with the administration of this act?
- The administration of an adult sentence for a youth 14-18 years of age who commits a violent crime. As a youth, part of development is risk taking and identity formation with a major focus on peer relationships. The implementation of adult sentences and the possibility of the release of name to public record could have a long lasting and detrimental effect on a youth’s life chances.
How would you support and advocate for your clients in relationship to this act?
- Informing the youth of their rights and utilizing the rules of this Act to protect their privacy when possible.
- If warranted, in terms of violent crimes, advocating for youth to receive youth sentences.
- I would support and advocate for youth, to be dealt with outside of the formal court system.
- I would spread awareness of the Youth Justice Fund, a government led program that helps facilitate professional development, research, training and programs that support youth involved in the justice system.
For more information, visit: http://www.canada.justice.gc.ca/eng/pi/yj-jj/
Identify community resources in your area that may assist clients to navigate through legal systems.
- The Boys and Girls Club of Greater Victoria have a web resource page and explains the process in a youth friendly manner: http://www.bgcvic.org/youth-justice-resources/youth-justice-web-resources/
- The Justice Education Society of BC have website for youth which provides a presentation on testifying in court: http://www.courtchoices.ca/
- The Representative for Children and Youth advocates for youth, with particular interest to those in care or in custody: http://www.rcybc.ca/Content/Home.asp
- The Representative for Children and Youth has a new website designed for children and youth, providing an arena for information and inquiries: http://www.talktotherep.ca/content/index.asp
Describe and explain current or historical events as seen through the media that relate to this act, convention or charter. Provide a related link or copy of a newspaper article.
Youth Criminal Justice Act: Changing the law on young criminals
CBC News, June 23, 2006
http://www.cbc.ca/news/background/crime/ycja.html
Prior to the Juvenile Delinquents Act in 1908, young offenders were treated much like adults – they were held with adults while awaiting trial and received the same sentences as adults. Under the act a youth was treated "not as a criminal, but as a misdirected and misguided child." The Young Offenders Act in 1984 was an attempt to establish a tighter legal framework by allowing charges on specific offences, and by placing responsibility for the offence on the offender. It was criticized on many counts: for being too soft on the offender; for lacking a clear philosophy on youth justice in Canada; for inconsistent and unfair sentences; for not properly addressing serious and violent offences; for an overuse of the court system; and for not giving enough recognition to the victims. On April 1, 2003, the Youth Criminal Justice Act (YCJA) officially replaced the Young Offenders Act. It aims to emphasize the rehabilitation and re-entry of a young offender into society.
Quebec says its philosophy won’t change in the face of tougher federal laws.
By Katherine Wilton, The Montreal Gazzette, October 22, 2012.
http://www.montrealgazette.com/news/Quebec+says+philosophy+change+face+tougher+federal+laws/7428879/story.html
The current government passed legislation that would increase custodial sentences and increase the number of youth eligible for adult sentencing which comes into effect on October 23, 2012. Included in this bill is the option to publish names of young offenders. Quebec’s youth centres are promising to uphold the policies of rehabilitation and reintegration. Quebec’s reasons for this are based on research stating that “being punitive does not bring about the results we need”. Additionally, Quebec has had the lowest youth violent crime rate among all provinces between 2006 and 2009. They state rehabilitation has been effective because it takes a holistic approach. Quebec’s success is attributed to the amount of quality resources and supports available to young offenders.
The following video states what steps follow when a youth breaks the law.