Youth Criminal Justice Act of Canada
The Youth Criminal Justice Act (YCJA), which went into effect on April 1, 2003, replaced Canada's previous legislation on youth crime, the Young Offenders Act (YOA). The YCJA addressed problems with the YOA and the way that Canada's legal system handles youth crime, introducing a number of reforms.
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Problems
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The Young Offenders Act, predecessor to the Youth Criminal Justice Act, led to a number of problems in how Canada addressed youth crime. One of the largest issues was the lack of distinction between serious and non-serious offenses. As a result, non-serious crimes that could be dealt with out of court tied up the court system, and incarceration became too common of a punishment, giving Canada the highest youth incarceration rate in the Western world.
Philosophy
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The first step towards reforming the way Canada dealt with youth crime was articulating a coherent philosophy on how youth crime should be perceived and punished. The Youth Criminal Justice Act's Declaration of Principle states that youth have the same rights as all human beings, that the punishment for youth criminals should be proportional to their crimes and that the punishment and rehabilitation of youth criminals should address the needs and rights of their victims.
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Extrajudicial Measures
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One of the YCJA's aims was to provide clearer measures for dealing with non-violent youth offenders out of court. In a survey of youth court judges in Canada, more than half felt that 50 percent or more of youth court cases could be handled out of court. Extrajudicial measures include official sanctions (from the police or the crown), referrals to community and rehabilitation programs and extrajudicial sanctions that, if broken, would cause the case to proceed to youth court.
Punishment
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The YCJA also addressed the problem with youth incarceration in Canada. Since youth judges had no clear guidelines for punishment under the YOA, many youth offenders were incarcerated for minor and non-violent offenses, including shoplifting and failure to comply with the terms of their probation. The YCJA states that punishment for youth offenders must be proportional to the crime and aim towards rehabilitation and that only violent and repeat offenders should be incarcerated.
Victims' Rights
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Finally, the YCJA addressed the rights of victims of youth crimes. Under the YCJA, victims have the right to a voice in youth court proceedings, as well as access to court records. In the interest of rehabilitation, victims are encouraged to participate in community-based programs for helping youth offenders. They also have the right to know what punishment the youth offender received, even if the case was dealt with out of court.
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