Young Offenders Act & Youth Criminal Justice Act

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Canada's Young Offenders Act has changed dramatically since 1908.

Canada is one of many countries that has a law in place that forces courts to treat juveniles, or young offenders, differently than adults. The earliest inception of this law was the Juvenile Delinquents Act in 1908. Many changes have been made to the act since its birth more than 100 years ago.

  1. Young Offenders Act

    • The first act in 1908 gave judges wide discretion to issue sentences and was criticized for being too broad. In 1984, Canadian lawmakers passed an updated law called the Youth Offenders Act. It constrained judges by specifying the charges they could hand out. It also placed the responsibility for the offense on the offender.

    Youth Criminal Justice Act

    • Court observers criticized the 1984 act as well, ironically for being soft on offenders. Less than 20 years later, lawmakers made another update and passed the Youth Criminal Justice Act on April 1, 2003. The law forces judges to focus on rehabilitation when issuing penalties, instead of harsher sentences. At the same time, it lowered the age for youths from 16 to 14 and allowed juvenile judges to issue adult sentences.

    Significance

    • When the law was passed in 2003, Canada was incarcerating an alarming number of youths, ranking the country among the highest in the world. The law has helped tremendously. In the first five years after the law was passed, the rate dropped 36 percent. The number of adolescents being charged has also dropped as more police seek to rehabilitate offenders through community programs or counseling. Rehab is a more popular alternative for police than issuing tickets, which can lead to heavy punishments or penalties.

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References

  • Photo Credit Open handcuffs the law showing its teeth image by Peter Baxter from Fotolia.com

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