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Application of the YCJA 1999. Department of Justice. "Bill C-3: The Youth Criminal Justice Act" Government of Canada. Department of justice Canada. [100] In addition, the section also states that special concern should be given to youth by taking into account the gender, racial, and cultural differences. [58] In addition to satisfying at least one of the conditions of section 39(1), the courts must also ensure the balance of section 39 when considering a custodial sentence of a non-violent offence. Department of Justice Canada. (2) "If any of 39(1)(a) to (c) apply, a youth justice court shall not impose a custodial sentence under section 42 unless the court has considered all alternatives to custody raised at the sentencing hearing that are reasonable in the circumstances, and determined that there is not a reasonable alternative, or combination of alternatives, that is in accordance with the purpose and principles set out in section 38.[82]. Retrieved July 24, 2009, from Department Justice of Canada, Department of Justice Canada. The young person accepts responsibility for the crime; There is sufficient evidence for the Crown to proceed with the charge(s) and prosecution; The young person denies being involved in the offence; The young person fails to be allowed into the program, Recommending an appropriate extrajudicial measure to be used, Victim support by addressing concerns and mediating between victim and offender, Ensuring community support by arranging for the use of communal services, and recruiting short-term mentors and supervisors, Coordinating interaction between the youth criminal justice system and any outside agency/group, Ensure that the young person understands the charge, Explain the process of applying a youth sentence. On January 1, 2008, the Act's Privacy clause was tested when several users of the Internet social networking site Facebook posted the identities of murdered Toronto teenager Stefanie Rengel and her killers (Melissa Todorovic[70] and David Bagshaw[71]) in defiance of both the publication ban and the fact that the police had not yet received the consent of Rengel's family to release her name to the media. If the youth does not have a lawyer present at the first court date, the judge must inform the youth of their right of counsel. Retrieved July 22, 2009. [119] The hours of service ordered can be completed within one year from the date which the sentencing option was ordered; however the YJC may allow an extension of time to fully complete the sentence, on application of the young offender. Sentencing Options 42(2)(c) 2008." [109] However, if the young person fails to abide by the conditions of probation, the offender can be convicted of the original offence and be sentenced.[110]. Therefore, the Act considers a review, rather than a charge, as a means of reducing the reliance on incarceration while being as fair as possible to the offender in assessing the seriousness of an offence[156]. [132], Sentencing Options 42(2)(n) Section 4 of the Act sets out principles that govern the establishment of policies about extrajudicial measures: These measures are applied by police and Crown attorneys with the intention that youth can be held liable through non-court measures for their offence(s).[13]. [20] Further, although it appears that the charge has "gone away", if the youth reoffends the sanction can be brought up at the next hearing. [Bala (2007), 7]. [58] Section 39 (1) (a) specifically places restrictions on the use of custodial sentences for non-violence offences[78] unless the offender has a history of failing to comply with noncustodial sentences, has an extensive pattern of non-violent offending, or other exceptional circumstances. The maximum serving time is 10 years for first-degree murder and 7 years for second-degree murder. Department of Justice Canada . "The Role of Crime Victims Under the Youth Criminal Justice Act". (2007). [144] A deferred custody and supervision order means that the young offender will not go into custody but will serve their sentence under supervision in the community with a set of strict conditions. By responding to the needs of young aboriginal offenders, the focus of this section directs the court to use less harsh custodial sentences except when the offender poses a great threat to the public. Youth Criminal Justice Law. Many youth in custody prior to their sentencing were also found guilty more often than youths not in custody. YCJA Explained. Our Opinion on The Youth Criminal Justice Act Our opinion on the Youth Criminal Justice Act is that it needs to be harsher on youths and punish them harder. Retrieved July 25, 2009. [147], Sentencing Options 42(2)(q) [2008 SCC 25]. A Guide to the Youth Criminal Justice Act. Includes specific principles to guide the use of extrajudicial measures, the imposition of a sentence and custody. Emond Montgomery Publications. - Public Legal Education Association of Saskatchewan, Retrieved July 26, 2009. Canada Youth Justice Law, Lawyers, Attorneys.2002. A youth record is any document that connects a youth to a criminal case under the Youth Criminal Justice Act. Department of Justice Canada.2008. November 2002. Department of Justice Canada. The court may only issue this order if any of the following criteria are met: This section applies to young people ages twelve to seventeen as long as one or more of these conditions are met. "Notice to Parents " Department of Justice Canada, Retrieved July 26, 2009. When a young person is found guilty, through a youth justice court, the judge may refer to section 42(2)(b) under the Act. [142], For other statutory considerations, the supervision part of the order includes mandatory and discretionary conditions (s. These are the innovations that were created due to the Youth Criminal Justice Act, it helps youth to get the best rehabilitation to continue on their lives in society.[77]. [13] If they comply satisfactorily with the sanction the charge can be dismissed. Trahan, Dominique. The rights expressed in the Canadian Charter of Rights and Freedoms apply to youths and adults. In one province where they are currently being used, the caution is in the form of a letter to the young person and the parents. Sentencing Principles (Subsection 38(2))" Department of Justice Canada, Retrieved July 25, 2009. Pg 455–465. The order will be for six months or less and must be considered a just sanction that has meaningful consequences and will promote the young offender's rehabilitation and reintegration into society and contribute to the long-term protection of the public. Diversion refers to the broad range of non-criminal sanctions, including community service that if satisfactorily completed by the youth, the subject charge is withdrawn. [11] If a warning, caution, or referral is not appropriate, an extrajudicial sanction may be considered as well. The new legislation attempts to balance the legalistic framework of the Young Offenders Act and the social needs approach underlying the Juvenile Delinquents Act. "Youth Court Statistics" Canada: Centre for Justice Statistics. Department of Justice Canada. "Youth Court Statistics" Canada: Centre for Justice Statistics. Conditions that dictate this are the seriousness of the offence, the nature and number of previous offences committed by the young person or any other aggravating circumstances. 2008. Retrieved July 26, 2009. "The Great Youth Criminal Justice Act Debate" Stephen R. Bliss, Barrister & Solicitor. "Youth Sentencing Options" Department of Justice Canada, Retrieved July 26, 2009. [143], Sentencing Options 42(2)(p) Youth aged 14 to 17 may be sentenced as adults under certain conditions, as described later on in the Act. Warnings are informal warnings issued by police officers. [138] The total serving time for these periods cannot exceed 3 years since life imprisonment is imposed on adults responsible for these offences. December 13, 2008. 231–250. [1], Subsection (a) addresses the basic principles of the Act and the Act's intentions on dealing with young offenders and youth crime. Retrieved July 24, 2009, Roach, Kent. This helps the offender to see the harm caused by their actions to the society and victims, and why they should not commit such crimes again. Canada: Department of Justice. [37] Section 25 of the Act outlines the young individual's right to counsel, which was amended from the Charter of Human Rights and Freedoms. [43] The repetition of the document serves as a reminder not only to the young person, but also to those within the judicial system that it is necessary to protect the rights of the young person and guarantee that those rights are upheld throughout the judicial process. [74] One of the new provisions of the Act is to limit the use of pre-trial detention and to promote alternatives to incarceration. The preamble of the Act recognizes that youth have rights protected by the Canadian Charter of Rights and Freedoms, the Canadian Bill of Rights and the United Nation's Convention on the Rights of the Child. "Understanding Youth Justice in Canada". Public Legal Education Association of Saskatchewan. Department of Justice Canada. Retrieved July 25, 2009. They should be used if they are sufficient to hold a young offender accountable and may be used if a young person has previously been dealt with by extrajudicial measures. The order will include both strict mandatory and optional conditions that the judge deems appropriate and which fall under subsection 105(2) and 105(3). Bala, N. (2007). The purpose is to provide extensive opportunity for legal advocacy and advice prior to and during the court process. [101] "Special attention to the circumstances of Aboriginal offenders is mandated by the-minute amendments to the YCJA initiated by the Senate". 2005. Bala, Nicholas. Pp 85–109 in. "Sentencing Options Table, YCJA, Section 42". It highlights four in particular. [41] This right is given to make the process for the young person easier, as the young person can obtain adult assistance from someone that they are more familiar with. "A Look at the Law." Department of Justice (2008). Retrieved July 26, 2009. [64], The Act trial information can be published in media or print but identifying information (i.e., name) about young offenders cannot. Formerly termed as alternative measures under the Young Offenders Act[20] extrajudicial sanctions are important for they are a good alternative option to the formal court process for the young person. Also, the judges must take into account any rehabilitative concerns that would alter the nature and reduce the severity of the sentence by mitigating factors. This report is a historical outline which may include information regarding the youth's family background, school history, attitude toward their offence, willingness to engage in available community services, interview with the victim and potentially a suggestive sentence. There are four types of extrajudicial measures (not including extrajudicial sanctions): An extrajudicial sanction is defined as a type of extrajudicial measure used to deal with a young person only if they cannot be adequately dealt by a warning, caution or referral as outlined above. Markham: LexisNexis Canada. "Non-custodial Sentencing Options." Title: Youth Criminal Justice Act 1 Youth Criminal Justice Act Chapter 11 2 Youth Criminal Justice Act Goals. ; [2005] a youth plead guilty to arson, breach of a recognisance, and the possession of a weapon. Canada: Department of Justice, Retrieved July 24, 2009. These conditions will include reporting to the provincial director, attending school and/or working, not possessing weapons, abiding by curfews, reporting information changes and others. 2006. The Act states that all custodial sentences must have a mandatory period of supervision in the community. It covers the prosecution of youths for criminal offences. Sentencing Options Table, YCJA,Section 42. The aim is to protect the youth's right to counsel in all stages of the youth justice process and ensure the individual understands the justice process. Youth, Crime, and Society: Issues of Power and Justice. Canada: Department of Justice, Retrieved July 20, 2009. "Part 4 Sentencing: Youth Sentences." [43] It must also be included with other notifications of legal proceedings such as custody continuations, conditional supervision, decision reviews and all youth justice court reviews. [2] It also seeks to, above all, reintegrate young persons who commit offences into society through means of rehabilitation. Sentencing Options Table, YCJA,Section 42. [s.3, s.38 YCJA], In cases of very serious crime such as murder, the Act makes provision for the imposition of an adult sentence upon the youthful offender. Robinson, P. (2003). Valiquet, Dominique (2007). The Act came into effect in April 2003, replacing the Young Offenders Act. "Factors influencing police attitudes toward extrajudicial measures under the Youth Criminal Justice Act". [117] Under 42 (2) (h), an order may be made under section 42 (2) (g) where the young offender is to monetarily compensate the purchaser of a stolen property since the stolen property had to be returned to the owner, or section 42 (2) (e) where the young offender is to monetarily compensate the victim for personal injury or property that was damaged.

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