There is at least one Court ruling that establishes that the Young Offenders Act does not contravene s. 15 of the Charter of Rights because it has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged by age. I'm not sure that the YOA really does this in fact.
In Ontario it is against the law for a young person to ride a bicycle without a helmet but it is not against the law for an adult to do the same thing. How is this any different from the unconstitutionality of a law which prohibits "drinking off a reserve" for aboriginal people but not for whites? Read R. v. Drybones.
I think that this is necessary to keep Regina in order because teens sometimes need to be punished for there actions but should still be able to live a life after their repercussions are over
It is naive to think that young people are not discriminated against under the law now. This discrimination serves a very valuable and legitimate end. Surely few citizens would be in favour of abolishing smoking laws. Young people aren't entitled to drink, enter many establishments, see R-rated or pornographic films, or vote. This is because young people are not adults. Therefore it is ridiculous for the law to both acknowledge young persons as such with age-based laws, but to conveniently ignore this difference when it's time to punish them.
I think that adults discriminate against children, teens the most. Just because we are young and thought to be a harm towards the society, people fear us. If we walk down the streets in a large group of teens, people on the streets fear they may be mugged or harassed. What they don't understand is that we are the same as them but with not as much knowledge. We don't intend on causing problems but adults expect it so we do it.
I think this is a good site and it has helped me with my college work about contemporary issues. I am 16 and I found your site interesting.
to all you out there who think that the young offenders act is weak well this helps us out more than you adults who just want to let us rot in the joint Well with the YOA we have a chance when we get to be an adult to have a life outside the joint and do something about all the stuff going on in the world
I believe that the YOA goes too easy on youths. Youths that commit serious crimes, should face the equally serious punishments, with no exceptions!
Often when a crime is committed, and there are youth's involved, adults use the simple excuse, "it's because they're teenagers" or "they're inexperienced". This may be true in some cases, but, as a teen, I am getting sick and tired of adults blaming everything on the teens simply because we're teens. What I don't understand is, that when an adult does the exact same crime, they don't come up with excuses like that. It's okay for an adult to have a beer or two and then drive home, but if a teen does it, it's the end of the world! The "adults" are just contradicting themselves.
I Think the majority of the children that are committing offences are doing so for a reason...what that reason is may not be obvious.....reasons usually link back to neglect, trauma of some sort
We are too lenient with young offenders
i think that the young offenders act should be lowered!
I am appalled quite frankly at the attitude that Canadians have toward young people. Let's start at the root of the problem, home life. What is it really like? I believe that we need to start solving the problem before it begins. Let's spend some money on education in elementary school to teach children to solve problems assertively, not aggressively. Let's show them some respect, maybe they do deserve it for living in the hell they most likely have endured. If it was your teenage son would you think the same. Highly unlikely. I don't agree with a free ride but hey let's fix the problem, not make them smarter more angry criminals. The problem isn't the teen it is society and their environment.
To NY who thinks we should hang all young offenders. Should we hang you when you drive 5 miles over the speed limit, drive after one beer or get caught in the wrong place at the wrong time? Probably not!!!!!!!!!!!!!
If a teen is capable of taking the law in his/her own way they are acting as adults. Therefore they should be treated as an adult. A young adult who decides to pick up a knife and stab someone is obviously not thinking like a thirteen year old or 17 year old. Nobody is in their right mind to do such a thing. everyone forgets about the victim and the victim's family and what justice they deserve. Young Offenders should take the punishment and responsibility.
The Young Offenders Act is not a solution to trouble making children. The solution is to get rid of it. If children want to commit a crime, they know the consequences. Soon, they'll realize that committing a crime is not what it's all cracked up to be in the end because of the punishment they'll get. I don't believe in hanging. I believe that a judge should decide how long these youths should be in jail depending on what crime they commit. Right now though, it's just too easy to get away with crimes for children. And believe it or not, they know it. If The YOA was done away with, i really think our youth would smarten up and they'd have a better future for themselves. Canadians don't discriminate against their youth, they hurt them by protecting them for things that are wrong and they don't give them the necessary punishment to realize it's wrong.
I am a seventeen year old and I remember thinking when I was around twelve that I was old enough to know what I was doing and if the kids my age who kill should also be able to discern that what they do is wrong. But the issue isn't as cut and dry as that, because now I wonder if my parents hadn't been there for me, would I actually have known the difference between right and wrong? So my opinion is that they should be punished in a productive way, that would give them an ability to rehabilitate into society once their punishment was finished. I don't think that sticking a twelve year old child in an adult prison would benefit their way of thinking about society. I also liked what the one person had to say about fixing the problem, with education that promotes assertiveness, not aggression. But then I think also that the parents need to be involved in children's lives, because you can't leave it up to the public school system to be the main educators of the children of society. Also you cannot blame it all on parents or environment because there are those that come from terrible homes and are wonderful people and then there's vice versa, so there has to be a balance in the punishment between responsibility and mercy.
I think that the young offenders act is way to easy on little bastards and they should smarten up and toughen up the sentencing .
I believe that it is in fact true that that the Young Offenders Act is quite lenient and may not teach them anything. But, on the other hand, those who make foolish mistakes as children shouldn't have to pay for it as an adult. It's all about giving second chances.
I think that adults do discriminate against Young people because of the stereotype that has built up over the years. Not all teens are bad
The government and parents alike discriminate thinking that teen-agers are all bad. Only some of us are
in my opinion young people whom are in a fair state of mind should serve a resonable sentence for crimes commited. i am a student and i belive adults dont discriminate they just think when a youth comes of the age were they can live alone why cant they be punished like a adult.
I just wanted to say that maybe some teens look into crime for excitment, because I know that although I don't do crime, I've thought about it because there's nothing to do for us. I know, I know, "go find things, there's lots to do", I've heard it all. Around here in surrey, i'm not lying when I say that there is nothing for a teenager to do on a Friday or Saturday night with their friends. So if people keep wondering why teenagers turn to crime, maybe that's your answer, WE GET BORED!! I think that if the government was to do something about this like make some youth dances in the community or fun stuff like that, maybe people wouldn't have to look to crime for fun and excitment. Thanks
i think that the young offenders act is not right, it shows to much leniancy towards the youth,people in their teenage years should have the same rules as adults
I think the police discriminate against young people. Our son was accused of serious offences. The police charged him based solely on the word of this man and his accomplice. Our son developed a database from home and was not paid for it (He was owed over $6,000.) Our son met with these men one evening and was coerced into an agreement. He was then threatened if he did not follow the agreement. When we learned of it later that night we stepped in to protect our son. We told this man our son was owed a lot of money and was not doing anymore work until he was paid for past work. The next morning these men went to the police with false allegations. The lead individual claimed our son was his employee. This was an outright lie. Our son was never given the opportunity to tell what had happened before the decision to arrest. After our son was arrested, this guy had his lawyer call us and said if our son handed over the password to the data, "We'll go easy on him." After consultation with our lawyer, we gave it over. These men planted evidence on the Internet to try to establish that my son was an employee. We had to go to trial. The judge ended the trial partway through the complainants cross-examination. We have tried to tell the police what really happened but they refuse to act (probably to protect themselves for their earlier mistake in laying charges without investigating properly.
We think this is clearly a case when the police gave too much credibility to an adult and none to a 17 year old kid. In preparation for trial, we learned that this man has operated several Internet scams and now operates an online escort service. Our son was an honour student in his final OAC year. This was not a fair investigation. If the detective had been more open, a lot of grief and dollars could have been saved. Just because a young person is accused of something, doesn't make it so. When it comes to developing computer software etc. a 17 year old probably is more likely than a 39 year old to have the skills needed. Police should not jump to conclusions that only take into consideration one side of the story.
I think the YOA is a joke! For serious crimes such as murder or rape, I think people should be punished equally. A teenager knows the difference between right a wrong and if he/she chooses to take measures into their own hands and harm someone else they should have to suffer the consequences.
I think that there should be more cops around an area to where the most crime happens. Mostly the crime is around the streets "Yale" "Young" the store "save on foods" and a place called the Bridge.
I think that the YOA has both good and bad points.... it's good that youths don't have to go to an adult's jail, I mean can you picture a 5 yr. old in jail with 30 yr. olds? On the other side, repeating offenders know what it's like to be in juvie, and obviously don't mind it, so maybe the YOA and juvie detention centers should be more strict.
i think that the minors shouldnt be treated the same because it shows that the parents are the ones who dont teach their children when there young so they can tell.ight from wrong when they get older.
I am a 17. I have never ever been charged with any crime. I have however a few weeks ago, I was cautioned over the theft of $5.00 earrings. I would also like to state that I was not accused of possession but abetting in the crime. However I only gave the earrings to my friend and then I walked away. I went bought some items from the store, then left the store. I however returned to find my friend and that was when the store personnel apprehended me. Following this I was forced into a cramp room, terrified, mislead about my situation, photographed, my bag was searched. Then urged or pushed to sign documents which states that I committed a theft under %5000. The thing is $5 of $5000 is 0.1%. Also my impression of my experience suggests that the procedures followed where customary. Due to this I believe that our Canadian justice system does not protect young offenders. Sure there are offenders who deserve harsher treatment but by making changes to Y.O.A. what happens to the many offenders in my situation
I believe that the "everyone is equal before and under the law is equal..." is not true. I have seen that people who are gay and want to live their life like everyother person be mocked and laughed at. They want to get married but yet the governmetn says that it won't be legal. No where does it say that for a marriage to be legal it has to be between a man and women. People think that god created Adam and Eve not Adam and Steve well you what those people who don't beleive with the whole gay subject are covered under the same law as the gays and have the power to turn a blind eye.
I believe if the Youth were tried as adults, there would be less crime. At present, there is no fear of the law, because those who commit crimes do not get a severe enough punishment for what they have caused to others. If they were to go to jail, for the same time that an adult would face, for murder, then there would be less likely a chance that anyone would commit such a heinous crime.
i think that all students of st john "school" of alberta are being discreminated cause paul sheppard will bent us over and spank my bum bum if i do something wrong. it is discriminating because we are 13-18 years old. i think that spanking should be banned.
I am a 16 yr old doing an extended credit assignment on Criminal Law, and I wanted to ask everyone: Should Young Offenders have special Treatment under the Criminal Code??
The Young Offenders Act is absolutely to leinient. The protection and privacy it offers provides no lasting and constructive solution to youths commiting crimes. They should feel the weight and embarassment of their wrong doings. We must stop basing our judgement on their under-developed mental ability because there are some very brighht chldren out there who are literally getting away with murder. And if we are basing it on mental ability who is that gets to play God and say the day someone turns eighteen they have the capacity to realize wrong doings. I know that at the age of twelve I was brighter and not to mention much more scheming then many eighteen year olds. The margin of error is just to great.
There are many sections of the YOA i.e section 16, (regarding the transfer of Young offenders into Adult court) that threaten sections of the charter. The main debate which I propose is that by holding a pre-trial hearings which determine a "person's dangerousness and potential for treatment" severly threatens section 11(d) (presumption of innocence) of the Charter of Rights and Freedoms and the right to a fair trial.
Once again though, not all Young Offenders are tried in adult court. Under the YOA a youth can only be tried if he or she commits; 231: 1st degree murder, 2nd degree murder, 232: Murder reduced to manslaughter, 234: manslaughter, 239: attempted murder, 273: aggravated sexual assault. In not all youths who commit one of those crimes are tried in adult court, such in the case of R. vs. S.H.M. An 17 year tried in adult court. For anyone who is under the impression that youths recive lenient sentences, that is a general misconception. Youths charged with minor offences i.e. assault recieve more time in "confined custody" Rescue (university graduate and police foundations student)
correction " R. vs. SHM, 17 year old tried in youth court" not adult court, Rescue(university graduate, police foundations student)
i think that all u people who think that teens are such bad and mislead people should look at ur own kids. how come it is that ur teen son or daughter is such an angel but every other teen is bad? if ur child was caught commiting a criminal offense would u feel the same way that u do about other teens? would u want them to be in an adult prison?or perhaps somewhere where they could get help and rehabilitation so that when they had faced the consequences they could come back into the world and try to start over? i also disagree with those of u who feel that putting teens in adult prisons will decrease the amount of crime committed because most often teens are not fully aware of the consequences of their actions. i strongly agree with a coment stated earlier that we should fix the problem before it starts. perhaps if we took interest in todays children teen crime would be seen less often.
Yes for sure, they judge all young kids, they think were all druggies, alcoholics etc
Yes, politicians, along with majority of society, discriminates against today's youth. Obviously everyone is not "equal" if there is a completely different Criminal Act for Youth...how is that even remotely close to equal? If we are all equal, then why is there an age requirement to get a driver's lisence, to be considered legal drinking age, to get a tatoo or a piercing, or to have a particular job? Can you say H-Y-P-O-C-R-I-T-E? I can.
I fell that the young offenders act does not do their job very well there are more youth comitting crime then ever we have to approach the crimes as if they were aduts than and only than will it get to our youth'd heads that crime is not a game and they will not be able to get away with anything .
If you are under the age of 18 you can get a slap on the wrist for almost any crime, this is not the right message to be sending to the young ofenders, this can also be used by adults who recruit young ofenders to commite crimes like murder and theft because the young ofender will get away with it! This has to be changed.
to get copy of lisence
all u teenagers out there yoa is there to help u . stick with it there is a better life im living proof i was in and out of jail i didnt have yoa but i believed in every thing the yoa taught now i dont end up there no more hnag in there
i think it's cruel to teach your child from right from wrong by spanking them. Children will think it's ok to hit when they get mad!
I have no oppinion...I agree though
I believe that if a teeager has only commited one crime that they should not be charged as adluts. Anything after that maybe
Minors are little brats who dont deserve rights!
I have lived in a fantasyland for some time. I believed that our laws and court proceedings in Canada were fair and trustworthy. I also couldn't understand why so many young offenders go on to reoffend over and over again. I assumed that thier families likely weren't doing their part to support and help their children. However, recently I got a call at work informing me my 12 year old was arrested for an assault he committed 7 days prior. I was called after he was booked and in custody and was not allowed to see him or have any contact with him at all. My son has had a hard time dealing with many changes in the past while. My husband and I have always done our best to get him help when needed, in fact before the arrest took place we have been playing phone tag with various agencies trying to find someone who could help our son with the many issues we've been facing. We are now terrified that this experience may have traumatized him even more. We know what he did was wrong and so does our son. We don't disagree that there was a need for consequences, we even supported criminal proceedings in hopes of helping him to see the ramifications of violent behavior. What we don't agree with was the fact that they police waited 7 days before arresting him, and the fact that he was completely cut off from us. We would have wanted to be there to say "Son, we are here to do what we can to help you understand what is happening, what this all means and what your rights are." I wasn't even allowed to be in court when he went before the judge. I never knew before how closed off the family is from the youth in custody. I always thought a parent was called to the station on the arrest of their child immediately, and had the right to appear in court before the judge. Parents who want to be involved in these proceedings should be allowed. After all I am not trying to excuse his behavior I am merely saying as his parent I want to make sure he's being given the same rights as any other accused and make the court aware that his family will do whatever it takes to get him back on track. If courts and parents can become partners instead of adversaries than maybe we'd have a youth criminal system that actually work. I have always known that not all young offenders come from neglectful or abusive families, some come from very good caring homes. When you have competent supportive parents, they should be welcomed into the system so the kid can have a better chance of turning his behavior around. A child needs firm guidance when he is in this situation so early in his life not a jail term where he has a chance to meet others who have been in and out so much they lose faith in their ablity to make restitution and become productive citizens. I now realize that parents aren't likely given the opportunity to help their children in the system. Parents should have the right to know exactly what is going on with their child so they have the chance to help that child before it is too late and that child becomes a career criminal.
Discrimination is very much needed to be outlawed! Let the youth deal with their actions!
I think that most kids of all ages have No respect for the law or there parents,i dont think we should beat them but a spanking helps.Just compare the kids of today compared to the kids of 20yrs ago when they got spanked they werent rotten to the core like most kids are today they get away with to much. dont beat your kids just a light spanking will help make them understand Whos the adult and whos the kid. so many kids take advantage of adults now days and they get away with it too ive heard kids say if you dont let me(do what they wanted to do) ill call the cops and say you hit me. because of the no spanking law kids do what they want when they want and how they want. im tired of kids saying ill call the cops on you , mean while an innocent adult gets the law on there back cause a kids wanted to do something that a parent didnt agree with . we damned if we do and damned if we dont .
I think youth in this country are adequately represented. There will always be cases of discrimination. I think one of the biggest exxageraters of youth is the media.
When people reach the age of 12 they should know the difference between right and wrong. If they committe a crime they must be doing it for a reason.
i think the act is hash enogh because we dont want it to get out of hand like some countrys.
i think the act is hash enogh because we dont want it to get out of hand like some countrys.
i think if a 17 yr old teen can go to war and get shot then they should let them smoke the parents and government are discriminative against teens
Kids shouldnt go to that there only a child and if there bad then you should trian them better!
I think that it’s not necessarily the young offenders act in itself, but the judicial system. If they would stick to the written laws and not work around it just because they think they’re being too hard on the youth or this might turn the next generation against them, it might be ok, but they put in far too many loopholes. They have to remember not every single teen is a rebel. The adults have built up a stereotype over the years and for us teens it is extremely annoying. They were teens once too and maybe they’re scared of us (teens) because of what they once were. Some people just think that politicians along with the majority of society are just hypocrites because they say obviously everyone is not equal if there is a completely different Criminal Act for Youth...how is that even remotely close to equal? If we are all equal, then why is there an age requirement to get a driver's license, to be considered legal drinking age, to get a tattoo or a piercing, or to have a particular job? That may sounds rebellious, but some people actually think that, and are very serious. For the most part, the teens involved in a criminal offence, know what the consequences are, but either think they can easily get away with it b/c they are young, or they don’t think about the consequences while they are committing the crime. If they are in the midst of stealing something, they’re probably just thinking about what they can do with the product after they “get away” with stealing it. If brutally beating someone or committing homicide, they’re probably just thinking about getting it over with and the pleasure of not having to deal with that person anymore. They don’t think about that person’s life, the victim’s family, or the consequences themselves. They only think about themselves being happier. If our country changed the consequences to being much more severe, like some other countries, (caning, beating, jailing for long periods of time) than that would send fear into the young offender’s mind. They wouldn’t do the crime, and than we wouldn’t have to deliver the punishment anyways. For those who do, do the crime, they know better, they know the consequences for their actions and they must get what’s coming to them. It may be harsh but it will lower youth crime rates for sure. If young people want to commit a crime, they know what’s coming to them. Soon, they'll realize that committing a crime is not what it's all cracked up to be in the end because of the punishment they'll get. I don't believe in hanging. I believe that a judge should decide how long these youths should be in jail depending on what crime they commit. Right now though, it's just too easy to get away with crimes for kids. And believe it or not, they know it. If The YOA was done away with, I really think youth would smarten up and they'd have a better future for themselves. Canadians don't discriminate against their youth, they hurt them by protecting them for things that are wrong and they don't give them the necessary punishment to realize it's wrong. But I also think that for these kids and our generation of youth and teens, it should all be about giving second chances. The adults had their chance. Now we have ours. Even though the Canadian youth know it’s wrong, they might still be too young to fully understand it. And although people have different views on this subject, the best way to deal with this is through prayer and careful consideration.
FIRST, WHOM CREATED THESE LITTLE MONSTER,S THESE KID,S WERE BROUTH UP BY WHAT. WHAT MAKES A KID SO ANGRY TO KILL.NO LOVE.THAT,S ALL THEY WANT.NO GOD in their life.they dont have a clue .THOU SHALL NOT KILL. HELL DOES EXIST do they even realize that.the T.V is the desensatiser how much killing does a kid see in a couple of hours of T.V how about in a year or 7,8,9,10 years of their life.Can u blame them 4 being so messsed up. think about it .NO LOVE, NO GOD,NO SOUL. BUT LOST OF killing On T.V YEARS of it. CAN THEY BE REHABILATATED.MAYBE but it.s no social worker or shrink that will do it.remember they had NO LOVE.SO WHAT DO U DO WITH THEM. IF NO ONE WILL LOVE THEM KEEP THEM LOCKED UP. IF THEY HAVE SOMEONE TO TEACH THEM ABOUT GOD THEY HAVE A CHANCE.BEWARE YOUR T.V IS SATANS TOOL.
I THINK THAT THE YOUNG PEOPLE GET DISCRIMINATED A LOT HERE B/C OF RACES AND B/C OF THE FACT THAT OTHER PEOPLE DO AND THEY THINK THAT THE SAME THING WILL HAPPEN WITH EVERYONE
I think almost everything that i have wanted to say on this subject has been said. Everyone beleives in equality and 'equal' rights, but when we have a completely diferent judicial system for youth and completely different punishments...how are we ever supposed to see this? Its like having a completely different way of punishing someone for murder because they are from a different country and we all know that is SO forbiddan....so why do it to youths? Everyone should be treated the same if they do the same thing, obviously, if they can think of the crime and execute the actions, they are old enough to be punished accordingly.
Parents should not be responsible for their children's mistakes. Just because a child commits a crime does not mean that the parent should be accountable. It could be fought that parents have a major part in what their children do, considering the ways a child was brought up. That is not true. Children are going to be rebellious no matter how the parent raises the child and children always do what they want anyway. For this reason children should be responsible for their pwn mistakes. If their parents take the blame for everything that the child does, the child will never know the differnece between right and wrong and the child will lead a life thinking that whenever they do something worng, it's ok to blame it on someone else. I'm only 15 years old and I feel very strongly that kids should pull their own weight and feel the consequences of their own actions
We are far too easy on youths when we break the law. If I kill someone, I should be punished just as an adult would be. However, I also think I should be able to legally drink just as an adult may.
kids should go to boot camp
Well I went to go get a tatoo with my parents and they said I couldn't get one even with a parent signature, which is completely rediculous because the only reason the keeps kids from being adults is their parents, and if they're ok with it, then why is it a problem, I think the younger people should be able to have their rights the same as everyone else, what is happening is im basically being segregated because of my age.
law don't punish underage it's wrong they got spoild
i think people should not beable to drink until they are 19
My 10 year old was assaulted yesterday by a nine year old male. We were told that because of his age he could not form criminal intent. Why are are we letting children get away with this? I feel helpless. What can I do?
being sent back to detention center when on licence without being proven guilty of a crime.
The yoa needs a major overhaul in respect to violent crimes my 3 yr old knows you don't kill someone, tell me a 17 yr old doesn't.The yoa is a pathetic miscarriage of justice. When commiting adult crimes they should do adult times.
anyone above the age of 12 should be
i think parents should not be responsible for crimes commited by their children.afterall,they have already given so much.futhermore, to commit a crime is the choice of an individualism, not the parents.