Introduction to Youth Justice (2:I): Difference between revisions
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{{LSLAP Manual TOC|expanded = youth}} | {{LSLAP Manual TOC|expanded = youth}} | ||
The ''Youth Criminal Justice Act'', SC 2002, c 1 | The ''Youth Criminal Justice Act'', SC 2002, c 1 (“''YCJA''”) was enacted on April 1, 2003 after decades of evolution in how the legal system understands young persons. The YCJA recognizes that youths have rights under the ''Canadian Charter of Rights and Freedoms'' (“''Charter''”), the ''Canadian Bill of Rights'' SC 1960, c 44, and the United Nations ''Convention on the Rights of the Child'' (“UN''CRC''”). The ''YCJA'' aims to establish a youth criminal justice system which upholds those rights, while still performing its fundamental purpose of protecting the public. | ||
Section 3 of the ''YCJA'' sets out the following guiding principles for the youth criminal justice system: | Section 3 of the ''YCJA'' sets out the following guiding principles for the youth criminal justice system: | ||
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*Recognizing the unique rights of all parties involved in the youth criminal justice system, including young persons, victims, and parents (s 3(1)(d)). | *Recognizing the unique rights of all parties involved in the youth criminal justice system, including young persons, victims, and parents (s 3(1)(d)). | ||
The ''YCJA'' encourages judges to impose non-custodial sentences on young persons where it is consistent with the general principles. Custodial sentences are not prohibited under the ''YCJA'' | The ''YCJA'' encourages judges to impose non-custodial sentences on young persons where it is consistent with the general principles. Custodial sentences are not prohibited under the ''YCJA'' but are meant to be imposed only after a sentencing judge has considered all other alternatives (s 39). Sentences generally include educating the offender about the impact of their crime and focusing on repairing the damage or paying back society in a constructive manner. | ||
Victims play a significant role in the youth criminal justice system. While victims have no formal rights per se, as they are not a party to criminal proceedings, the ''YCJA'' mandates that victims be “treated with courtesy, compassion, and respect for their dignity and privacy” (s (3)(1)(d)(ii)). Victims must also be kept informed on the process, have the opportunity to participate and be heard in the process, and be minimally inconvenienced by their participation in the process (s (3)(1)(d)(ii)-(iii)). | Victims play a significant role in the youth criminal justice system. While victims have no formal rights per se, as they are not a party to criminal proceedings, the ''YCJA'' mandates that victims be “treated with courtesy, compassion, and respect for their dignity and privacy” (s (3)(1)(d)(ii)). Victims must also be kept informed on the process, have the opportunity to participate and be heard in the process, and be minimally inconvenienced by their participation in the process (s (3)(1)(d)(ii)-(iii)). | ||