Bill C‐7: The new youth criminal justice act: A darker young offenders act?

2003 ◽  
Vol 27 (1) ◽  
pp. 19-38 ◽  
Author(s):  
Chris Giles ◽  
Margaret Jackson
Keyword(s):  
Criminal Justice ◽  
Young Offenders ◽  
Youth Criminal Justice Act ◽  
Young Offenders Act

scholarly journals The Semantics of Repression: Linking, Opposing, and Linking again Rehabilitation and Protection of Society

2014 ◽  
Vol 36 (2) ◽  
pp. 189-263 ◽  
Author(s):  
Verónica B. Piñero
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Private Information ◽  
Child Protection ◽  
Young Offenders ◽  
Societal Factors ◽  
Youth Criminal Justice Act ◽  
Criminal Legislation ◽  
Onus Probandi ◽  
Young Offenders Act

Having explored the youth criminal legislation enacted by the Canadian federal government from the year 1857 to the year 2005, the author attempts to demonstrate that youth criminal intervention has moved from the notion of "child protection" to the notion of "protection of society." The significance of this theoretical shift is that, while the former sort of intervention is mostly concerned with the notions of "reintegration" and "inclusion", the latter is concerned with the notions of "deterrence" and "exclusion." For this study, the author first analyzes the societal factors that led Canadian parliamentarians to enact the Juvenile Delinquents Act (1908). In addition, she focuses on a specific amendment enacted in the year 1924 that "increased" the number of behaviors to be controlled through criminal law legislation. Second, the author discusses the circumstances that led parliamentarians to enact the Young Offenders Act (1982) and the Youth Criminal Justice Act (2002). Moreover, she examines an amendment enacted in the year 1995 that modified the declaration of principles of the Young Offenders Act by introducing the notion of "crime prevention." Finally, she analyzes a case law released in the year 2003 by the Quebec Court of Appeal, Québec v. Canada. This decision declared the unconstitutionality of some specific sections of Bill C-7 (current Youth Criminal Justice Act) that allow the disclosure of young offenders' private information and reverse the onus probandi for the imposition of adult sentences on young offenders. The position of the author is that, even though those sections can be unconstitutional, they are coherent with current theoretical trends in the area of youth criminal law intervention.

scholarly journals Understanding Sentencing under the Youth Criminal Justice Act

1969 ◽  
pp. 395 ◽  
Author(s):  
Julian V. Roberts ◽  
Nicholas Bala
Keyword(s):  
Criminal Justice ◽  
Criminal Code ◽  
Young Offenders ◽  
Community Resources ◽  
Sentencing Decisions ◽  
Youth Criminal Justice Act ◽  
Young Offenders Act ◽  
Uniform Treatment

The authors provide an analysis of the complicated sentencing regime found in Canada's Youth Criminal Justice Act (YCJA) and compare the new Act to the previous Young Offenders Act In comparison to the provisions of the Criminal Code that govern adult sentencing, the YCJA makes no reference to deterrence, has more focus on rehabilitation, and calls for lesser penalties than for adults. The authors point out that proportionality is a key principle for both sentencing youths and adults, but the aggravating elements enumerated in the YCJA are not the same as those in the Criminal Code. They further note that situations in which youth custody may be used are limited and that judges are directed to treat custody as a last resort and consider all alternatives. The authors conclude that the YCJA facilitates a more uniform treatment of young offenders, though the courts will continue to exercise considerable discretion. While it is clear that the use of custodial sanctions will decrease even without more community resources, in some places the coming into force of the new Act was accompanied by increased community resources which will also affect sentencing practices. The article concludes with a survey of some of the first cases decided under the YCJA, which reveal that custodial sanctions were avoided and rehabilitative principles played a major role in sentencing decisions.

scholarly journals The Role of Crime Victims under the Youth Criminal Justice Act

1969 ◽  
pp. 965 ◽  
Author(s):  
Kent Roach
Keyword(s):  
Criminal Justice ◽  
Equal Opportunity ◽  
Crime Victims ◽  
Young Offenders ◽  
Youth Justice ◽  
Victim Satisfaction ◽  
Costs Of Crime ◽  
Youth Criminal Justice Act ◽  
Young Offenders Act

The author analyzes the role of victim involvement in extrajudicial and judicial measures under the Youth Criminal Justice Act and the overall direction of victim involvement and its possible impact on the development of youth justice. Unlike the Young Offenders Act, victim concerns are specifically recognized throughout the Youth Criminal Justice Act. With respect to judicial measures, reparation should be interpreted broadly to include young offenders' genuine attempts to make good the harms they have caused. The concept of reparation should provide an equal opportunity to pay the costs of crime. With respect to extrajudicial measures, the role of victims is difficult to assess. Tlie author encourages greater utilization of family conferences, as this extrajudicial measure has enjoyed success in New Zealand in reducing youth imprisonment and producing significant levels of victim satisfaction. Victims may well play an increased role under the Youth Criminal Justice Act but the actual effect of both punitive and non-punitive forms of victim involvement will depend on how the new Act is administered.

scholarly journals The Role of Counsel in the Youth Criminal Justice Act

1969 ◽  
pp. 1029
Author(s):  
Larry C. Wilson
Keyword(s):  
Criminal Justice ◽  
Active Participation ◽  
Complex Nature ◽  
Legal Services ◽  
Young Offenders ◽  
Youth Court ◽  
Proper Role ◽  
Youth Criminal Justice Act ◽  
Young Offenders Act

The proper role of counsel in youth court has always been somewhat uncertain. Historically, there was resistance to the idea of active participation by counsel. This began to change with the introduction of the Young Offenders Act and the process continues with the Youth Criminal Justice Act Counsel are under a legislated and ethical duly to take instructions from their clients and advocate their behalf in the same fashion as with adult clients. However, the Youth Criminal Justice Act does not address two fundamental issues: I) who pays for the provision of legal services; and 2) from whom does counsel receive instructions. These unanswered questions, and the complex nature of the legislation, further complicate the role of counsel in youth court.

“Do you understand these charges?”: How procedural communication in youth criminal justice court violates the rights of young offenders in Canada

Semiotica ◽  
2019 ◽  
Vol 2019 (229) ◽  
pp. 173-191
Author(s):  
Tara Suri
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Oral Language ◽  
Justice System ◽  
Young Offenders ◽  
Legal Professionals ◽  
Youth Criminal Justice Act ◽  
Government Of Canada ◽  
The Right ◽  
Criminal Courtroom

AbstractThis paper considers Canada’s young offenders in the context from which they enter the youth criminal courtroom. To determine how youth criminal justice courts violate the Canadian Youth Criminal Justice Act (YCJA), this analysis relates said context to several phenomena, including legal linguistics, oral language competency, literacy, communicative competency, non-verbal communication, the physical structure of youth courtrooms, and legal translation (Government of Canada eds. 2018. Youth criminal justice act. Ottawa: Government of Canada.). As a result of the standards of procedural communication upheld by the Canadian criminal justice system, young people’s rights, including the right to be respected regardless of cultural, ethnic, or linguistic differences, the right to be heard and to participate in proceedings, the right to be sentenced meaningfully, the right to privacy, and the right to be tried in a timely manner are abused in the youth criminal courtroom. Although insufficient structures of procedural communication cause these issues and are beyond the control of counsel, defense counsel are often blamed for their effects. Legal professionals must make important adjustments such as altering the formal speech required in youth criminal courtrooms, employing legal professionals with the role of translating legal jargon to young people in the courtroom, and closing youth courtrooms off from the public to reduce the YCJA violations occurring in youth criminal justice court. These adjustments are ultimately the responsibility of the Canadian criminal justice system.

scholarly journals The Admissibility of Young People's Statements under the Proposed Youth Criminal Justice Act

1969 ◽  
pp. 771
Author(s):  
Sanjeev Anand ◽  
James Robb
Keyword(s):  
Criminal Justice ◽  
Young People ◽  
Common Law ◽  
Case Law ◽  
Young Offender ◽  
Youth Court ◽  
Youth Criminal Justice Act ◽  
The Common ◽  
The Impact ◽  
Young Offenders Act

This article examines the impact of Bill C-7, the Youth Criminal Justice Act, on the admissibility of young people s statements. Although the proposed reforms appear to leave admissibility within the discretion of youth court judges, the authors argue that the YCJA significantly curtails the types of factors that judges can consider when assessing the admissibility of youth statements. The three sources of law applicable to young offender statements are examined: the legislative provisions, the common law rules of voluntariness, and ss. 7, 9, and 10 of the Charter. The authors analyze s. 146 of the YCJA, the applicable section to youth statements, and compare it to the previous version of the Bill and to the current provisions of the Young Offenders Act The case law concerning voluntariness and Charter rights are also discussed, as well as the potential interrelationship between the three sources of law. In addition, the article explores when youth statements made to a person not in authority will be inadmissible.

scholarly journals Evaluating the Extrajudicial Measures and Sanctions within the Youth Criminal Justice Act

2021 ◽  
Vol 3 (1) ◽  
Author(s):  
Kendell Semotiuk
Keyword(s):  
Criminal Justice ◽  
Young People ◽  
Data Collection ◽  
Restorative Justice ◽  
Young Offenders ◽  
Legal Process ◽  
Fund Allocation ◽  
Youth Criminal Justice Act ◽  
Positive Impacts

Since the introduction of the Youth Criminal Justice Act (YCJA), there have been some concerns about the effectiveness of young people utilizing extrajudicial measures and extrajudicial sanctions. This article investigates if the implementation of these measures has created positive impacts for young offenders or if it is equivalent to just “a slap on the wrist.” Using a lens of restorative justice, the strengths and weaknesses of youth circles, youth committees, and victim-offender mediation programs are examined. This article explores the roles of those involved within extrajudicial measures and sanctions and addresses the gaps that exist within this section of the YCJA. Ultimately, this article finds that the restorative justice practices of extrajudicial measures and sanctions are effective at supporting young people throughout the legal process. It discovers that the programs offered for young offenders can give them a voice in their situation and create a connection to their community. However, there are changes needed in the areas of consistent data collection, proper fund allocation, and programming availability.

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