JUVENILE JUSTICE LEGISLATION IN CANADA The Juvenile Delinquents

JUVENILE JUSTICE LEGISLATION IN CANADA • The Juvenile Delinquents Act (J. D. A. ) • The Young Offenders Act (Y. O. A. ) • The Youth Criminal Justice Act (Y. C. J. A. )

The Juvenile Delinquents Act, 1908 (J. D. A) • Under common law, people under 14 were thought to be incapable of understanding the results of their actions • In Canada until the end of the 1800 s, youth could be charged and imprisoned for long periods if the Crown could prove that they had mens rea, or intent in a crime • Right at the end of the 1800 s there was a movement to ‘save’ kids and people lobbied for better laws to deal with youth and crime

• In 1908, the Juvenile Delinquents Act came into effect • Under this law, youth were seen not as criminals who needed punishment, but youth who needed guidance and rehabilitation • There were very few punishments set out in the act and judges gave out - pretty much what ever they felt for a crime • There was no fairness or accountability - the same crime received many different punishments

The Young Offenders Act, 1984 (Y. O. A. ) • By 1960 s changes in society were forcing the government to look at juvenile youth justice laws • The Department of Justice in 1965 issued a report recommending a great deal of change to the laws of the J. D. A. • The issues were debated in the House of Commons for the next 15 years • Much of the debate was around youth versus society’s rights under the Y. O. A. • Other controversial things were the minimum and maximum ages under the law, and the maximum sentences for serious crimes like murder

• The Y. O. A. attempted to balance the rights of society to be safe, with the needs of young Canadians who find themselves in trouble with the law • The 4 main ideas at the root of the Y. O. A. are: 1. Young offenders should be responsible and accountable for their actions, in the manner most appropriate for their age. 2. Canadian society and individuals have the right to be protected from the illegal actions of young people. 3. The needs of young people are special - they need lots of guidance and this should be offered at home. If it is not then the young offender should be taken from the home. 4. Young people have the same legal rights as adults, under the Charter of Rights and Freedoms.

• The Y. O. A. Established 12 years as the minimum age of responsibility • Kids under age 12 would be dealt with in some other manner • Age 12 to 17 was the age the Y. O. A. would deal with • The Y. O. A. would only deal with Federal Charges under the Criminal Code - other charges would be dealt with uniquely be each province Changes to the Act: • Changes in 1994 and 1995 to the Y. O. A. caused much controversy, until… • … on April 1 st, 2003, the Youth Criminal Justice Act came into effect.

The Youth Criminal Justice Act: http: //jfcy. org/know. Your. Rights/intro. YCJA. htm • On April 1, 2003, the Youth Criminal Justice Act (Y. C. J. A. ) came into force • replaced the Young Offenders Act (Y. O. A. ) • The YCJA builds on the strengths of the YOA and introduced changes that deal with the weaknesses in the Y. O. A. • The YCJA applies to all young persons who are 12 to 17 years old at the time they are said to have broken a federal law. • The YCJA does not apply to offences covered under the laws of your provinces. There are some circumstances in which the Youth Justice Court judge may give you an adult sentence.

You can be given an adult sentence if: • If you are 14 or older and are charged with murder, attempt murder, manslaughter and aggravated sexual assault. • You are 14 or older and are found guilty of committing a serious violent offence for the third time • You are 14 older and are charged with an indictable offence, or a serious violent offence, and the prosecutor applies to the court for you to be given an adult sentence • However, the prosecutor can decide not to ask for an adult sentence, in which case the court most give you a youth sentence

The total youth crime rate went down six percent in 2005. Source: Statistics Canada, September 19, 2006.