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Difference between revisions of "Introduction to Youth Justice (2:I)"
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Introduction to Youth Justice (2:I) (view source)
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The ''YCJA'' was amended by Bill C-10 (“''The Safe Streets and Communities Act''”) on October 23, 2012. One change to the ''YCJA'' in Bill C-10 is that individual deterrence and denunciation of unlawful conduct were added as a sentencing principle. It also sets out that youths are presumed to have diminished moral culpability or blameworthiness in comparison to adult offenders. Furthermore, Bill C-10 states that the youth justice system is intended to protect the public by holding young persons convicted of offences accountable through using proportionate measures, promoting rehabilitation and reintegration, and preventing crime by directing youths to programs that address underlying causes of their actions. Bill C-10 also sets out definitions for a “serious offence” and a “violent offence” which are broader than previous definitions given in the case law. | The ''YCJA'' was amended by Bill C-10 (“''The Safe Streets and Communities Act''”) on October 23, 2012. One change to the ''YCJA'' in Bill C-10 is that individual deterrence and denunciation of unlawful conduct were added as a sentencing principle. It also sets out that youths are presumed to have diminished moral culpability or blameworthiness in comparison to adult offenders. Furthermore, Bill C-10 states that the youth justice system is intended to protect the public by holding young persons convicted of offences accountable through using proportionate measures, promoting rehabilitation and reintegration, and preventing crime by directing youths to programs that address underlying causes of their actions. Bill C-10 also sets out definitions for a “serious offence” and a “violent offence” which are broader than previous definitions given in the case law. | ||
The ''YCJA'' was further amended by Bill C-75, passed on June 21, 2019. On September 19, 2019 the first amendments to the ''YCJA'' came into force. Firstly it repealed section 64(1.1) and (1.2) of the ''YCJA'', which required the Attorney General to determine whether to seek an adult sentence in certain cases and if the Attorney General decides not to make an application, to advise the youth justice court (bill section 376). Secondly it repealed section 75 and 110(2)(b), which required the court to decide whether to lift a ban on publishing the identity of a young person who is convicted of a violent offence (bill sections 377 and 379). Changes that came into effect on December 18, 2019 mainly decrease the number of charges for administration of justice offences (e.g. breach of conditions) and incarceration rates related to those offences when no harm to society has been done. The changes include a new assumption of the appropriateness of extrajudicial measures in certain breach of condition/failure to appear charges and an increase in the threshold for holding young offenders in custody for breach of conditions. In cases where extrajudicial measures may not be appropriate, judicial referral hearings at the bail stage or judicial reviews of youth sentences are recommended. Bill C-75 also | The ''YCJA'' was further amended by Bill C-75, passed on June 21, 2019. On September 19, 2019 the first amendments to the ''YCJA'' came into force. Firstly it repealed section 64(1.1) and (1.2) of the ''YCJA'', which required the Attorney General to determine whether to seek an adult sentence in certain cases and if the Attorney General decides not to make an application, to advise the youth justice court (bill section 376). Secondly it repealed section 75 and 110(2)(b), which required the court to decide whether to lift a ban on publishing the identity of a young person who is convicted of a violent offence (bill sections 377 and 379). Changes that came into effect on December 18, 2019 mainly decrease the number of charges for administration of justice offences (e.g. breach of conditions) and incarceration rates related to those offences when no harm to society has been done. The changes include a new assumption of the appropriateness of extrajudicial measures in certain breach of condition/failure to appear charges and an increase in the threshold for holding young offenders in custody for breach of conditions. In cases where extrajudicial measures may not be appropriate, judicial referral hearings at the bail stage or judicial reviews of youth sentences are recommended. Bill C-75 also includes changes that explicitly require imposed bail conditions to be appropriately related to the nature of the offence, the protection or safety of the public, victims, witnesses and that the offender will be reasonably able to comply with them, and that they not be a “substitute for appropriate child protection, mental health or other social measures”. | ||
{{REVIEWED LSLAP | date= July 7, 2020}} | {{REVIEWED LSLAP | date= July 7, 2020}} | ||
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