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The Great Youth Criminal Justice Act Debate
The Act went into force April 1, 2003
 |
New Discussion Group sites have been
established
Do you have an opinion to express?: 2011 Topics: Should My Child Plead Guilty, and Prosecuting 16 and 17 Year Olds Interesting links can be found at both sites. |
See also the International Drinking and Driving Debate
YCJA
YOA
The black and white view of youth criminal justicePolice searches of young persons on the sidewalk
January 2002 - Age of Criminal Responsibility
February 2002 - Child Protection or Criminal Justice Model
March 2002 - Rights Prior to and During Interrogation
April 2002 - Parents' Rights on Arrest of Child
September 2002 - School Uniforms
November 2002 - Making Adults as Accountable as Young Persons
December 2002 - Prosecuting 10 and 11 year olds as criminals
January 2003 - Prosecuting 16 and 17 year olds as adults
February 2003 - Interrogation of Young Persons
April 2003 Should the Age of Consent be Raised to 18?
May 2003 Young Persons Going to Jail
June 2003 Preemptive Strikes Against Bullies
July 2003 Decriminalization of Marijuana
November 2003 Young Criminals Ages 10 and 11
December 2003 Extrajudicial Sanctions and Alternative Measures
January 2004 Conferences under the YCJA
February 2004 Young persons with poor understanding of counsel
March 2004 Parents more involved in procedure of YCJA
April 2004 Bail release for young persons
May 2004 Knowledge of Canadian trial procedures by young persons
September 2004 The black and white view of youth criminal justice
Index to the Youth Criminal Justice Act
Criminal Lawyers' Association C-7 Written Submissions
YCJA Case Briefs for CLA Members
Letman Oral Submissions re C-7 17:1120-30, 1200, 1210-15, 1235-40
Index to Justice Committee C-7 Discussions
Senate Hearings:
- Issue 14, October 30, October 31 and November 1, 2001
- Issue 13, October 23, October 24 and October 25, 2001
- Issue 12, October 16, October 17 and October 18, 2001
- Issue 11, September 27, October 3 and October 4, 2001
- Senate Report
The Successful Defendant, The Unsuccessful Defendant and The Burlington Youth Court
-
3.
Declaration
of Principle
4. Extrajudicial Principles and Objectives, Alternative Measures
5. Objectives
-
6.
Warnings,
Cautions and Referrals
| 7. Police cautions |
| 8. Crown cautions |
| 9. Evidence of measures is inadmissible |
-
10.
Extrajudicial
Sanctions
| 11. Notice to parent |
| 12. Victim's right to information |
13. Designation of youth justice court
| 15. Contempt against youth justice court |
| 16. Status of offender uncertain |
| 17. Youth justice court may make rules |
24. Private prosecutions
-
41.
Youth
Sentences
| Brampton Youth Court Sentencing Database (Ages 12 -15) |
| Reported Sentencing Cases Ages 12 - 17 |
| 41. Recommendation of conference |
| 42. Considerations as to youth sentence |
| 43. Additional youth sentences |
| 44. Custodial portion if additional youth sentence |
| 45. Supervision when additional youth sentence extends the period in custody |
| 46. Exception when youth sentence in respect of earlier offence |
| 47. Committal to custody deemed continuous |
| 48. Reasons for the sentence |
| 49. Warrant of committal |
| 50. Application of Part XXIII of Criminal Code |
| 51. Mandatory prohibition order |
| 52. Review of order made under section 51 |
| 53. Funding for victims |
| 54. Where a fine or other payment is ordered |
| 55. Conditions that must appear in orders |
| 56. Communication of order |
| 57. Transfer of youth sentence |
| 58. Interprovincial arrangements |
| 59. Review of youth sentences not involving custody |
| 60. Provisions applicable to youth sentences on review |
61. Adult Sentence and Election
See also Department of Justice Flow Charts
| 61. Age for purpose of presumptive offences |
| 62. Imposition of adult sentence |
| 63. Application by young person |
| 64. Application by Attorney General |
| 65. Presumption does not apply |
| 66. No election if youth sentence |
| 67. Election - adult sentence |
| 68. Proof of notice under subsection 64(4) |
| 69. Paragraph (a) ``presumptive offence'' - included offences |
| 70. Inquiry by court to young person |
| 71. Hearing - adult sentences |
| 72. Test - adult sentences |
| 73. Court must impose adult sentence |
| 74. Application of Parts XXIII and XXIV of Criminal Code |
| 75. Inquiry by the court to the young person |
| 76. Placement when subject to adult sentence |
| 77. Obligation to inform - parole |
| 78. Release entitlement |
| 79. If person convicted under another Act |
| 80. If person who is serving a sentence under another Act is sentenced to an adult sentence |
| 81. Procedure for application or notice |
| 83. Purpose |
| 84. Young person to be held apart from adults |
| 85. Levels of custody |
| 86. Procedural safeguards |
| 87. Review |
| 88. Functions to be exercised by youth justice court |
| 89. Exception if young person is twenty years old or older |
| 90. Youth worker |
| 91. Reintegration leave |
| 92. Transfer to adult facility |
| 93. When young person reaches twenty years of age |
| 94. Annual review |
| 95. Orders are youth sentences |
| 96. Recommendation of provincial director for conditional supervision of young person |
| 97. Conditions to be included in custody and supervision order |
| 98. Application for continuation of custody |
| 99. Report |
| 100. Reasons |
| 101. Review of youth justice court decision |
| 102. Breach of conditions |
| 103. Review by youth justice court |
| 104. Continuation of custody |
| 105. Conditional supervision |
| 106. Suspension of conditional supervision |
| 107. Apprehension |
| 108. Review by provincial director |
| 109. Review by youth justice court |
| 110. Identity of offender not to be published |
| 111. Identity of victim or witness not to be published |
| 112. Non-application |
| 114. Youth justice court, review board and other courts |
| 115. Police records |
| 116. Government records |
| 117. Exception - adult sentence |
| 118. No access unless authorized |
| 119. Persons having access to records |
| 120. Access to R.C.M.P. records |
| Schedule to Section 120 |
| 121. Deemed election |
| 122. Disclosure of information and copies of record |
| 123. Where records may be made available |
| 124. Access to record by young person |
125. Disclosure of Information in a Record
| 125. Disclosure by peace officer during investigation |
| 126. Records in the custody, etc., of archivists |
| 127. Disclosure with court order |
-
128.
Disposition
or Destruction of Records and Prohibition on Use and Disclosure
| 128. Effect of end of access periods |
| 129. No subsequent disclosure |
| 146. General law on
admissibility of statements to apply (1)common law voluntariness (2)no oral or written, on arrest, detention, or R&PG an offence (a)voluntary (b)clearly explained (i)no obligation to make a statement (ii)may be used in evidence against (iii)right to consult parent and counsel (iv)statement must be made in presence of persons consulted (c)reasonable opportunity to consult (i)with counsel (ii)with parent (d)if consult, reasonable opportunity to make statement in presence of persons consulted (3) spontaneous (4)waiver of 2c or 2d by (a) video/audio, (b)writing (5)waiver of 2c or 2d but technical irregularity (6)2b to d technical irregularity if not bring principle into disrepute (7)duress (8)age mistake (9)person consulted under 2c not person in authority |
| 147. Statements not admissible against young person-psych assessments |
| 148. Testimony of a parent |
| 149. Admissions |
| 150. Material evidence |
| 151. Evidence of a child or young person |
| 152. Proof of service |
| 153. Seal not required |
-
157.
Programs
- City:
- Mississauga1
- Date:
- 15 Oct 2001
- Time:
- 14:51:24
- City:
- Ottawa
- Date:
- 29 Nov 2001
- Time:
- 12:17:55
- City:
- London
- Date:
- 29 Nov 2001
- Time:
- 13:01:59
- City:
- Ontario
- Date:
- 01 Dec 2001
- Time:
- 13:05:18
| 158. Prohibition on proceedings |
| 159. Proceedings commenced under Young Offenders Act |
| 160. Offences committed before this section in force |
| 161. Applicable sentence |
| 162. Proceedings commence with information |
| 163. Application to delinquency and other offending behaviour |
| 164. Agreements continue in force |
| 165. Designation of youth justice court |
| Consequential Amendments |
| 166. Canada Evidence Act |
| 167-170. Contraventions Act |
| 171-174. Corrections and Conditional Release Act |
| 175-186. Criminal Code |
| 187-189. DNA Identification Act |
| 190-194. Extradition Act |
| 195. Mutual Legal Assistance in Criminal Matters Act |
| 196-197. Prisons and Reformatories Act |
| 198. Transfer of Offenders Act |
| Repeal |
| 199. Repeal of R.S., c. Y-1 |
| Coming into Force |
| 200. Coming into force |
Read What Others Have Said
Comments
I'm glad the name of the new statute does not imply that all young persons are offenders.
Comments
I believe they should leave the YOA as it is! There is no need for harsher sentences for young people! How can they be accountable for their actions? Take a 15 year old, they are not allowed to drive, we don't let them vote..but we will throw him in the slammer?? I believe these young people need help, prison will make them commit more crimes. All this talk about victims in the new Act.. Let me ask you this? Are these young offenders not victims of circumstance? A child grows up in an abusive alcoholic home and commits a crime, he is punished and thrown in jail, how is this young person compensated for their life of trauma. Why did they commit the crime? The justice system is so worried about compensated the store owner from whom the YO stole from, but what about compensation for this young person's abuse?? Where is the justice? They should also leave sec. 56 alone, young people need the protection, they do not fully understand!
Anne (Police Foundations Student)
Comments
I think that the young offenders act should stay just the way it is. Teens today get into problems themselves they do not get pushed into making wrong decisions by other people. Even if someone else pushes/peer pressures them into it, that is for the court to decide. Teens need to be punished in some way. There has to be some sort of consequences for their actions and the current Young Offenders Act is just what they need. It shouldn't be changed, it is fine the way it is.
Comments
Youth crimes must have consequences that fit the crime, and at the same time have meaning for the young people and their victims