Youth Criminal Justice Act - 2003
Despite the changes made in the Young Offenders Act, many still felt that the youth were not deterred; in fact all but one province felt that the Young Offenders act needed to be changed (O’Malley, 311). Quebec was the only province that believed that it was more important to understand the true cause of youth crime, rather then changing the Young Offenders Act. With Canada having the highest youth incarceration rate in the western world, it is clear as to why people were beginning to doubt the Young Offenders Act (The International Cooperation Group, 2004). Further controversy was sparked, which eventually lead to the creation of the Youth Criminal Justice Act in 2003. The act was created to balance out both the needs of youths, as well as those of society by creating methods of protection, many of which were based around the idea of preventing the creation of and rehabilitating juvenile delinquents (O’Malley, 311). There are three major goals associated with the creation of the Youth Criminal Justice Act. The first was to make youth aware of the fact that they were accountable for their actions, the second to make sure that youth understand the difference between violent and non-violent crimes, and third is the concept that everyone should work together in order to prevent youth crime (The Youth Criminal Justice Act). This was the basis on which many of the laws implemented today, governing juvenile rights, were formed.
The changes in the Youth Criminal Justice Act lead to the current laws governing the treatment of youth within legal systems today. The act acknowledged that those who were below the age of 12 most likely did not understand the concept of criminal actions (O’Malley, 313), while those who did understand the concept and were being tried for presumptive offences could be charged as adults (O’Malley, 313). In the current Canadian legal system, should a child below the age of 12 commit an act considered unlawful, the parents will deal with the issue, otherwise social services and mental health facilities will take responsibility. For children of age, in order to be fair to both society and them, children they will be given a punishment proportionate to that of the crime committed (O’Malley, 312), and some minor offenses may not be even taken to court (The Youth Criminal Justice Act). Children today can be given a warning or assigned community service as an alternative to going to court (The Youth Criminal Justice Act). Probably one of the largest and most well known changes is the right for a child not to have his or her name published unless sentenced as an adult, or in the case of a being a missing juvenile, or in other words a “wanted person”. This is to protect society, as well as the rights of juveniles in order to ensure that equal treatment is provided for both parties. All laws associated with this act today are made to ensure that both parties, that of society and that of youth offenders, would be acknowledged and treated without prejudice and with equally.
The changes in the Youth Criminal Justice Act lead to the current laws governing the treatment of youth within legal systems today. The act acknowledged that those who were below the age of 12 most likely did not understand the concept of criminal actions (O’Malley, 313), while those who did understand the concept and were being tried for presumptive offences could be charged as adults (O’Malley, 313). In the current Canadian legal system, should a child below the age of 12 commit an act considered unlawful, the parents will deal with the issue, otherwise social services and mental health facilities will take responsibility. For children of age, in order to be fair to both society and them, children they will be given a punishment proportionate to that of the crime committed (O’Malley, 312), and some minor offenses may not be even taken to court (The Youth Criminal Justice Act). Children today can be given a warning or assigned community service as an alternative to going to court (The Youth Criminal Justice Act). Probably one of the largest and most well known changes is the right for a child not to have his or her name published unless sentenced as an adult, or in the case of a being a missing juvenile, or in other words a “wanted person”. This is to protect society, as well as the rights of juveniles in order to ensure that equal treatment is provided for both parties. All laws associated with this act today are made to ensure that both parties, that of society and that of youth offenders, would be acknowledged and treated without prejudice and with equally.