The Youth Criminal Justice Act

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The Youth Criminal Justice Act (Y.C.J.A.) will replace the Young Offenders Act (Y.O.A.) later this year, 00. The Act will cover youths from 1-years to their 18th birthday. The main purpose of this new Act is to treat violent crimes differently from non-violent crimes, so the youth who committed the crime will face the consequences according to the seriousness of the offence committed. This new Act will promote responsibility and meaningful consequences for youth crime, support more constructive, long-term sustainable solutions, involve the communities in identifying and finding solutions to the offences committed fairly and expand the roles of the victims and the accused. There will be more encouragement for community-based sentences, such as compensation or restitution to the victim, community service or probation. The crimes committed by any youth will be viewed more carefully as to whether the youth should be tried in an adult court, stay in the youth courts, or not go to court at all, but have a community-based sentence. The types of offences that are covered in the Y.C.J.A. are the same ones in the Y.O.A. However, there are a few adjustments, such as extra-judicial sanctions. These give police officers the authority to consider if the offence committed should be tried in court or should the youth be given compensation. The extra-judicial sanctions are easier to sentence and less time consuming. There will be adult sentences in appropriate cases, where only 16- and 17- year olds can be convicted of murder, attempted murder, manslaughter, and aggravated sexual assault. The key principle of sentencing under new legislation is that the sentence should be in proportion to the seriousness of the offence. When sentencing, the young person must be held accountable for behaviour, and level of maturity. The judge has a range of sentencing options under the new Act, from an absolute discharge to a maximum penalty of ten years imprisonment. Those youth who are expected to receive an adult sentence will be extended to include 14- and 15- year olds. The new legislation would permit publication of the names of youth convicted of an offence who receive an adult sentence of murder, attempted murder, manslaughter, and aggravated sexual assault or if the youth is considered a serious offender to the public by the judge. The youth records will be treated the same as adult records and will allow authorized people, such as victims, police officers, or school authorities to access the youth records.

The Y.C.J.A. gives the community an opportunity to get involve with the victims and the accused and deal with the less serious offences committed outside of court. This Act has a better effectiveness than the Y.O.A., since new regulations have been made and the old ones have been adjusted. From 16 to 001, the number of cases heard by youth courts with guilty findings has decreased from 74, 77 in 16 to 60, 041 in 001. This shows that with the new Act soon in place, hopefully, the number of youth cases will begin to decrease rather than increase. However, the number of youth cases can increase because of all the new crimes that the youth today are committing. This new Act will help settle summary offences in a different manner by not getting the courts involved. The government of Canada does not know yet of whether this Act will work better than the Y.O.A. or be worse.

In Canada, there are alternative sentences that are being used for the youth. There is one in British Columbia called Camp Trapping that has been very successful in the past years. Those who are sent to this rehabilitation camp are drug addicts and repeated offenders (average 8 offences each). Camp Trapping is an isolated place and very different from prison, since the offenders are always doing something, such as attending classes and attending to their assigned chores. This camp is great for youth offenders because the counselors are more caring and one-on-one with the youth. Less than half of the youth at Camp Trapping will reoffend when they finish their 4-month program compared to the 70% of whom will reoffend when are released from prison. This camp is a good example of an extra-judicial sanction that can be used for many youths who commit a crime. Another alternative sentence is the Child and Youth Protection Centre in Quebec City, which offers an intensive probation program for young people convicted of an offence who would have been placed in custody. The program has reduced the reoffending rate by more than 0%. There are many more alternative sentences that are used to rehabilitate offenders. These boot camps and programs are examples of community-based programs, besides the community service and probation. They assist better with the young offenders and are more encouraging than community service. However, of all the sentences given to young offenders, only 1, 77 out of 60, 041 cases in 001, are sentenced to restitution and compensations. This number has been dropping since 18, but hopefully it will begin to increase since many young offenders benefit from these type of programs, like Camp Trapping.

As mentioned before, the main purpose of the Youth Criminal Justice Act is to treat violent crimes differently from non-violent crimes. The government has added a number of sentencing options with youth crime to support and impose conditions the youth must meet in the community. This Act will improve the youth crime rate and will help the young offenders to understand their responsibility, their actions and the consequences they must face. Overall, this Act is effective and has been through so many changes. I believe that this Act will help the public and the youth have a better understanding of the legislation. After having done this research on the new Youth Criminal Justice Act, I found that I now have a better understanding of a young person's rights under this Act. Now it's up to those who offend or will offend to state whether this piece of legislation is effective.

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Bibliography

1. Buckingham, Donald E. Learning About Law. Toronto McGraw- Hill Ryerson

Limited, 17.

. http//canada.justice.gc.ca/eh/dept/pub/ycja/youth.html

. http//www.statcan.ca/english/Pgdb/justic.htm#cri

4. Out of the Woods. Videocassette. ITP Nelson, 18

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