An overview of the criminal code of canada and the introduction to the young offenders act in 1984

Will the youth go to jail? As with adults the statement must be voluntary not as a result of torture, physical abuse, intimidation, threats, or inducements. The parents of young offenders, or some other responsible adult, should be present at all times when their children make statements to the police.

We would be surprised if health authorities would approve of this type of accommodation for anyone. Young persons serve the real time to which they are sentenced. His territory isn't much to brag about: First, youth will no longer be transferred to adult court.

Young offenders should be left in their home communities, except in the most extreme situations.

Youth Criminal Justice Act Process

Made up of groups of citizens, the committee's purpose is to develop community-based solutions to youth offences. TOP TOP The juvenile justice systems we discussed earlier were established first in the late 19th century to remove youth from the harshness of the adult system and to treat them in a manner which would more likely rehabilitate them.

We also recommend that correctional institutions introduce policies which guarantee Aboriginal inmates the right and the opportunity to exercise their spiritual beliefs, and that institutions offer Aboriginal inmates culturally appropriate education, trades training and counselling programs.

And finally, the Commissioner made 34 recommendations for the future in the public interest. Parents will be encouraged and, if necessary, required to take an active part in proceedings that involve their children.

We also deal with some alternative measures later in this chapter. A judge listens to the evidence and decides if the youth is guilty or not guilty.

After periods of time, Youth Court records are made not available, i. It is left to each province to decide how it will deal with offences involving provincial statutes and municipal by-laws. The work should be geared to providing skills to enable the youth to obtain employment upon their release.

However, for those that view incarceration as a just and beneficial means of punishing young offenders, such trends may be disappointing. Justice Minister Vic Toews has identified a real problem but is offering the wrong solution.

The Youth Criminal Justice Act

These problems occur for a number of reasons: Aboriginal youth are not now receiving culturally relevant programs or training and assistance. Provincial offences are dealt with under provincial legislation. The youth who has been charged with committing an offence waits until it is time for his or her case to be heard.

Following this meeting, the Children's Advocates, representing six provinces in Canada, are urging Federal, Provincial and Territorial Justice Ministers, who are meeting in Regina today, to focus on positive ways to enhance youth justice in Canada.

Whereas a child is perceived to be completely dependent and lacking the capacity for criminal responsibility and an adult is generally considered to be fully independent and responsible, the adolescent is in a state of transition and considered capable of independent thought and responsibility, although not to the same degree rightfully expected of adults.

We also note that a more holistic approach, with family service agencies and youth courts working together for young people, was intended by the tripartite Indian Child Welfare agreements that were negotiated in the early s.

Criminal Code (Canada)

Even the more troublesome youth, who have to be removed from their communities, could live in a camp setting not too far from their homes. We are concerned that the police, Crown attorneys, lawyers and judges are not using alternative measures enough. Despite the increased standardization that was brought about by the Act, provinces have been left with wide discretion to determine how the Act will be implemented and administered.

In addition to making sure the youth respects the bail conditions, Ma Mawi Chi Itata tries to rehabilitate the young person by encouraging further education and training, and by helping that person find a job.

Young Offenders

We are concerned that most police officers are not using this discretion and that they resort to charging Aboriginal young offenders in most instances. Furthermore, in addition to the offences mentioned above, judges can hand out adult sentences to repeat serious offenders.

We find such reasoning abhorrent. He did not read the rights to that boy until he got him to the station. The Juvenile Delinquents Act had a provision that allowed judges to involve child welfare or family service agencies.

By its enactment of s. In particular, we believe that: Information about his or her criminal history is kept in a file. Judges had enormous discretion in sentencing juvenile delinquents.

We are not aware of any Aboriginal staff in senior planning or administrative positions, and only very few full-time, paid staff, either Aboriginal or non-Aboriginal, work in Aboriginal communities.

The Juvenile Delinquents Act is believed to insufficiently emphasize the concepts of personal responsibility and protection of society, thereby failing to adequately reflect the interests and beliefs of contemporary society.

Canada's Youth Criminal Justice Act

Secondly, some of these young adults appear to be a bad influence on the younger offenders. These camps should be staffed by Aboriginal people and should offer a combination of work, education, recreation and counselling.Canada's Youth Criminal Justice Act. Bill C-3 would repeal and replace the Young Offenders Act (YOA), adopted by Parliament inin force sinceand It captures key developments and features an overview of the youth criminal justice system in Canada, a Table of Concordance of the YCJA to the Young Offenders Act, the YCJA.

Teaching Youth Justice: A Learning Resource for the Youth Criminal Justice Act (Version ) This learning resource was produced by the Public Legal Education Association of.

certain young offenders in an amendment to the Child Welfare Act of The new provisions linked the Juvenile Delinquents Act 16 to the Child Welfare Act in. Code of Canada provisions relating to child sexual abuse and the testimony of child witnesses.

Chapter contains the results of a re-analysis of data from a survey of. Canada to the National Criminal Justice Reference Service (NCJR.S). sion of the copyright owner, Foreword by the Solicitor General of Canada This booklet is intended to give Canadians an overview of the Ministry of the find this a useful introduction to a complex Ministry.

Perrin Beatty 3. From the introduction of the Juvenile Delinquents Act into the Young Offenders Act into the Youth Criminal Justice Act Topic 3: Overview Of The YCJA | Introduction.

An overview of the criminal code of canada and the introduction to the young offenders act in 1984
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