The Youth Criminal Justice Act is the law that governs Canada’s youth justice system. "Sentencing under the Youth Criminal Justice Act (YCJA)" Department of Justice Canada Retrieved July 26, 2009. Department of Justice Canada. "Youth Criminal Justice Act Explained: Youth Sentencing". Youth Criminal Justice Act | National Post. [54], Under the Act, in case of the arrest or detention of a young person, the officer in charge must give notice to a parent either orally or in writing as soon as they possibly can under section 26(1). It highlights four in particular. The Act section 42 (2) (q) outlines the following pertaining to custody and supervision for 1st and 2nd degree murder[148] Offenders found guilty of 1st degree murder will get a maximum sentence of 10 years, including a maximum custody period of 6 years and a period of conditional supervision in the community. Under the Young Offender's Act, approximately 20% of custody sentences were charged based on "failure to comply" issues surrounding probation orders[156] The Youth Criminal Justice Act revised these procedures recognizing that most issues concerning the violation of probation conditions were not criminal acts themselves and that in doing so, were compromising the integrity of the justice system itself. Department of Justice. Notifying the person to whom the restitution will be made about the sentencing order. Department of Justice Canada.2008. [75] Under the Youth Offenders Act, pre-trial detention was on the rise and Canada, out of the western countries, had one of the highest youth incarceration rates. British Columbia, Canada: Law Students' Legal Advice Program, Retrieved July 16, 2009. 2008. Section 42(2)(e) under the Act states that the young person must pay to the other person at the time/terms that the court fixes the amount of compensation due to loss of income/support, damage of property etc. [89] The youth justice court can fix the time and term of payment. Sentencing In Canada. Victims right advocate Jack McLaughlin said “The (YCJA) promotes violence and promotes dishonesty among young people because it’s a shield for them against the justice system,” McLaughlin said. Presumptive offence means that the young person, over the age of 14, can receive an adult sentence if they are found guilty. In R v C.D. Our Opinion on The Youth Criminal Justice Act Our opinion on the Youth Criminal Justice Act is that it needs to be harsher on youths and punish them harder. [105] As opposed to conditional discharges, absolute discharges do not carry sanctions of probation or any other condition that the court may find appropriate (fair sanctions with meaningful consequences)[106], Sentencing Option 42 (2)(c) Non- custodial attendance centres are introduced where children over 12 are to be sent for specified daytime activities. [142], For other statutory considerations, the supervision part of the order includes mandatory and discretionary conditions (s. Sentencing Options 42 (2) (l) "Youth Court Statistics" Canada: Centre for Justice Statistics. This act applies in accordance to the seriousness and circumstances of the offence, and the age, maturity, character, background and previous record of the young person and any other factors considered relevant (Section 72). [119] Although the YJC may order the young offender to compensate the victim by providing personal service, the consent of the compensated is required. Statistics Canada Definitions, (May 13, 2009), retrieved July 24, 2009. Department of Justice Canada. [65] Furthermore, the identity of youth victims cannot be published for the same reasons. However, the added duration of custody may not surpass the remainder of the youth sentence (s. Toronto: Irwin Law, p318. lawyers) and only within particular time frames from the offence. [136], The length of the custodial sentence and supervision order combined must not exceed two or three years, depending on the type of offence. Origins of the Newly Proposed Canadian Youth Criminal Justice Act: Political Discourse and the Perceived Crisis in Youth Crime in the 1990s. Canada: Department of Justice, Retrieved July 16, 2009. Toronto: Irwin Law Inc. Department of Justice Canada. [55] The notice must include under section 26(6) the following information: (a) the name of the young person (b) the charge against the young person and (c) a statement that the young person has the right to be represented by counsel. The ban can be lifted only under exceptional circumstances, including: Youth criminal records cannot be viewed by anyone other than criminal justice officials (e.g. Police cautions are formal warnings from the police. [57] Both sections 26(1) and 26(2) are subject to subsection 26(4), which states that if the whereabouts of the parents of the young person are not available, notice may be given to an adult who the person giving the notice considers appropriate. "Evaluating the Youth Criminal Justice Act and Five Years: A Qualified Success." Youth Sentencing options. c. Advising the federal and provincial governments on policies and procedures related to the youth criminal justice system In such cases the onus to establish that the young person should be sentenced as an adult is on the prosecution, by virtue of the 2008 Supreme Court of Canada decision R v DB. [20] Further, although it appears that the charge has "gone away", if the youth reoffends the sanction can be brought up at the next hearing. Toronto: Pearson Education Canada. Youth Criminal Justice Act, S.C. 2002, c. 1. Canada: Department of Justice. [1], Subsection (a) addresses the basic principles of the Act and the Act's intentions on dealing with young offenders and youth crime. S.C. 2002, c. 1. For more information on judicial and extrajudicial sanctions, … 2004. Youth Sentencing options. Retrieved July 24, 2009, Roach, Kent. Department of Justice Canada. Canada: Department of Justice Canada. "CanLII: Quebec: Court of Appeal". Retrieved July 20, 2009. Youth Criminal Justice Law. Reprimand is a severe reproof or rebuke in this case by a person of authority. Instead, the youth court first determines whether or not the young person is guilty of the offence, and then, under certain circumstances, the youth court may impose an adult sentence,[48], When the Crown does not seek an adult sentence for presumptive offence [37] Section 25 of the Act outlines the young individual's right to counsel, which was amended from the Charter of Human Rights and Freedoms. [13] If they comply satisfactorily with the sanction the charge can be dismissed. National and International Perspectives. The Youth offender also has the right to have their parent(s) or guardian(s) present during questioning. The rights expressed in the Canadian Charter of Rights and Freedoms apply to youths and adults. 4 - Principles and Objectives; 6 - Warnings, Cautions and Referrals; 10 - Extrajudicial Sanctions; 13 - PART 2 - Organization of Youth Criminal Justice System. [90], Other considerations during this sentence include:[90], Under sentencing principle (3) (a) of the Act, the sentencing of a youth's punishment should not by any means be harsher or surpass that of the punishment for an adult who has been found guilty of committing the same crime as the youth[91] The reason for this sentencing principle was to eliminate discrepancies that were prevalent in the Young Offenders Act. Minaker, Joanne C. & Hogeveen, Bryan. Changes in Custody Following the Enactment Of the Youth Criminal Justice Act. [131], A Pilot attendance centre program in Ontario has reported considerable success and was well received by Ontario youth court judges. ; [2005] a youth plead guilty to arson, breach of a recognisance, and the possession of a weapon. (3) "In determining whether there is a reasonable alternative to custody, a youth justice court shall consider submissions relating to: (a) the alternatives to custody that are available; (b) the likelihood that the young person will comply with a non-custodial sentence, taking into account their compliance with previous non-custodial sentences; and, (c) the alternatives to custody that have been used in respect of young persons for similar offences committed in similar circumstances. Youth Sentencing Options. "The Youth Criminal Justice Act Canada: Department of Justice Canada. If a warning, caution or referral was issued it means that the police officer has taken no further action on the offence. (December 12, 2008). "Review of Youth Sentences Not Involving Custody, YCJA, Section 59". [61] The Youth Criminal Justice Act (YCJA; French: Loi sur le système de justice pénale pour les adolescents) (the Act) is a Canadian statute, which came into effect on April 1, 2003. [170] The Act recognizes that youths have a hard time complying with limits to behaviour and are deserving of a second chance. 2008. [6] It outlines the parameters within which the measures taken against a youth offender are set: Subsection (d) describes the special considerations for criminal proceedings against young persons. "Department of Justice-legal rights", Retrieved July 22, 2009. Legal Aid Delivery Models in Canada. [98] The punishment is given to the offender according to the gravity of his/her offence. This page was last edited on 24 December 2020, at 17:45. Retrieved July 26, 2009. 2. Department of Justice Canada, Retrieved July 26, 2009. Department of Justice Canada. Youth Justice and Criminal Evidence Act 1999, SCHEDULE 1A is up to date with all changes known to be in force on or before 10 December 2020. Previous Hit Next Hit . Youths who are 12 or 13 at the time of the offense may be sentenced in the same way, only for the following: first degree or second degree murder or manslaughter. If the police decide to refer the case to the courts, the Crown can choose to issue a Crown caution.[10]. [64] This publication ban exists to prevent stigmatization of young offenders, which has been found to hinder the rehabilitation of youth. Department of Justice. Canada: Department of Justice. See coming into force provision and notes, where applicable. It applies to a young person, or youth, who is or who appears to be 12 years old or older, but who is less than 18 years old and who is alleged to have committed an offence as a youth. Canada. The young person accepts responsibility for the crime; There is sufficient evidence for the Crown to proceed with the charge(s) and prosecution; The young person denies being involved in the offence; The young person fails to be allowed into the program, Recommending an appropriate extrajudicial measure to be used, Victim support by addressing concerns and mediating between victim and offender, Ensuring community support by arranging for the use of communal services, and recruiting short-term mentors and supervisors, Coordinating interaction between the youth criminal justice system and any outside agency/group, Ensure that the young person understands the charge, Explain the process of applying a youth sentence. The sentencing principle 38 (2)(c)under the Act states 'the sentence must be proportionate to the seriousness of the offence and the degree of responsibility of the young person for that offence'[97] Sentencing principles clearly explain the basis that establish fair and justifiable sentences. Irwin Law. [128] The young offender receives support and supervision from their community in hopes that they will alter their behaviour. 2004. Toronto. "Notice to Parents " Department of Justice Canada, Retrieved July 26, 2009. [169], Differences in breach of probation in the Youth Criminal Justice Act versus Youth Offenders Act, The Young Offenders Act raised concern that too many young people were being incarcerated for offences not directly harming the community, but for failure to comply with the terms of probation. This type of sentencing is a non custodial sentencing option which is the goal of the Youth Criminal Justice act to not rely on the over use of incarceration for non violent youths. [124] If a young offender fails to comply with the probation order, they can possibly be charged with breach of probation. (December 13, 2008) Youth Sentencing options. Pulis, Jessica E., Scott, Jane B.," Probation sentences and proportionality under the Young Offenders Act and the Youth Criminal Justice Act" Canadian Journal of Criminology and Criminal Justice, Retrieved July 26, 2009. The probation conditions follow those stipulated under section 42(2)(k) or (l). They are usually used for minor crimes. Department of Justice Canada, Retrieved July 21, 2009 from the. [104] This discharge is dependent on the best interest of the young offender without being in contrast with the best interests of the public. The offender then has the following options, he or she may be ordered to pay a victim fine surcharge (up to 15%) which contributes to assisting the victims of the crime. The Act creates a separate criminal justice system for young persons and thus they do not fall under the … "Non-Custodial Sentencing Options". Youth Criminal Justice Law. Bala, Nicolas. Second Edition: British Columbia. Charter of Rights and Freedoms.1981. "The Youth Criminal Justice Act: New Directions and Implementation Issues". [99] So a young offender who commits murder will be will severely punished compared to someone who steals. 2007. 2003. 2005. [141] This condition provides more liberty for the courts to respond with an appropriate sentence to serious offences. 2009. Youth Crime Defense Office. "Bill C-3: The Youth Criminal Justice Act" Government of Canada. Department of Justice Canada.2008. In over a century of youth justice legislation in Canada, there have been three youth justice statutes: the Juvenile Delinquents Act (1908-1984), the Young Offenders Act (YOA) (1984-2003), and the Youth Criminal Justice Act (YCJA) (2003-present). Department of Justice Canada. Sentencing Principles (Subsection 38(2))" Department of Justice Canada, Retrieved July 25, 2009. "A Look at the Law." (2007). [2] It also seeks to, above all, reintegrate young persons who commit offences into society through means of rehabilitation. if the identifying information is necessary for the capture of a young offender; or if the young offender requests for their name to be published. The court may only issue this order if any of the following criteria are met: This section applies to young people ages twelve to seventeen as long as one or more of these conditions are met. The Act replaced the Young Offenders Act, which itself was a replacement for the Juvenile Delinquents Act. Department of Justice Canada. The most frequently used report for sentencing hearings is the pre-sentence report which is outlined in section 40. YCJA Explained. [58] Section 39 (1) (a) specifically places restrictions on the use of custodial sentences for non-violence offences[78] unless the offender has a history of failing to comply with noncustodial sentences, has an extensive pattern of non-violent offending, or other exceptional circumstances. [139] Under the Act, murder is the only offence that must result in a custody and supervision order. It states that anyone failing to comply with their probation order is guilty of a punishable offence on a summary conviction. Thus the supervision period does not have to be half the period of custody. Preamble. (2) "If any of 39(1)(a) to (c) apply, a youth justice court shall not impose a custodial sentence under section 42 unless the court has considered all alternatives to custody raised at the sentencing hearing that are reasonable in the circumstances, and determined that there is not a reasonable alternative, or combination of alternatives, that is in accordance with the purpose and principles set out in section 38.[82]. Police are the first officials to be encountered within the system and possess the power to use discretion in deciding whether to issue a warning, a police caution, or a charge. [169] These orders can include failure to report to and be supervised by the provincial director when on probation, failure to perform community service plus many more stated in section 42(2) of the act. C.D. In one province where they are currently being used, the caution is in the form of a letter to the young person and the parents. Department of Justice Canada. Conservatives vow to toughen youth justice act Stephen Harper vowed Monday that a re-elected Conservative government would reduce protections under the Youth Criminal Justice Act for young … Retrieved July 22, 2009. To ensure that a young offenders illegal actions are followed by consequences that are "(1)just; (2)have meaningful consequences for the youth; (3) and promote the rehabilitation and reintegration of the youth into society"[126] the Act has instilled several sentencing options. "The Youth Criminal Justice Act: New Directions and Implementation Issues" Canadian Journal of Criminology and Criminal Justice 46(3)231–250. "Understanding Youth Justice in Canada". [51] A specific difference in comparison to adult courts is the fact that it prohibits criminal proceedings against a youth without the consent of the Attorney General. Electronic Frontier Canada, Retrieved July 25, 2009. 2008. Provide an effective and timely response to offending behaviour outside of judicial measures. July 26, 2009. Sentencing option 42 (2) c under the Act states that a convicted young offender can be discharged on any conditions the court decides to be appropriate. Youth Justice Renewal Canada: Department of Justice. Canada: Department of Justice, Retrieved July 24, 2009. Retrieved July 25, 2009 from. Department of Justice. If a young person is found guilty, "By order direct that the young person be discharged on any conditions that the court considers appropriate and may require the young person to report to and be supervised by the provincial director". [108] Conditions for a discharge might also include undergoing counselling, doing community service work or donation to a charity. Rock, Nora. "Youth Sentencing Options" Department of Justice Canada, Retrieved July 24, 2009. The principal aim of the youth justice system is to prevent offending by children and young persons. "Youth Sentencing options". Peterson-Badali, M., Care, S., & Broeking, J. 2009. Justice Education Society of BC. The following are some typical situations that warrant such advice: at a hearing for the youth when determining to detain or release the individual, at a youth's trial, and in situations where the custody of the youth is in question such as conditional supervision and decision reviews. Department of Justice Canada, 2008. 965–989. Marinos, V., & Innocente, N. (2008). [53], Subsection 25(10) of the Act permits provinces to establish a program for the recovery of costs of a young person's counsel from the young person or the parents of that young person. Barnhorst, Richard. Under Section 5 of the Act, objectives of these measures are to: These objectives are specially designed so that a wide range of diversionary options are available to achieve an array of objectives and it is important to take into consideration many factors when deciding on a fair response to the offence. While comparing the Youth Offenders Act to the Youth Criminal Justice Act, the former focuses more on a youth's choice to retain counsel and the role of lawyers in the criminal justice system. 2008. Retrieved July 22, 2009. Legal Representation under the Young Offenders Act. 2008. Toronto: Harcourt. Toronto: Pearson Education Canada. Section 42(2)(o) of the Act establishes the length of time to be served in custody or in community supervision for cases of attempted murder, manslaughter, aggravated sexual assault. The extension may not exceed the remainder of the youth sentence. Of Criminal Justice Act ( 2002, c. 1 must also be given the right to counsel 25. Criminal offence four general principles found in Section 40 ] custodial Sentences reserved. Explanation appropriate to age and understanding Responding to young Offenders, cases are viewed and! Programs/Services to treat their situation maximum of 240 hours that can give out the best solution.! 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