As passed by Parliament in 2002, neither specific deterrence (i.e., deterring certain youth from committing crimes) nor general deterrence (i.e., deterring others from committing crimes) were sentencing objectives under the YCJA, although the Criminal Code is an adult sentencing objective. Nor did the YCJA contemplate the objective of sentencing adults to report the denunciation. Sentencing options 42 (2) (i) In the Act, under sentencing options 42 (2) (i), the court has the option of ordering a juvenile to perform community service in exchange for a sentence. The duration of Community service may not exceed 240 hours of service, which may be completed within 12 months. [121] Civilian service must be authorized by the provincial director of the juvenile court or by a person designated by the juvenile court. [122] The purpose of conviction under section 42 is to protect society by holding the minor accountable for his or her actions, by imposing an appropriate sentence that may promote his or her rehabilitation and reintegration into society. [58] This type of conviction is a non-custodial option, which is the objective of the Juvenile Justice Act not to rely on the excessive use of detention for non-violent juveniles. There are also different options that can be tailored to different individual cases to provide the best possible solution. These are the innovations created through the Juvenile Justice Act, which helps young people to receive the best rehabilitation to continue their life in society. [77] Parents cannot be held responsible for crimes committed by their children. However, under the Parental Responsibility Act, a parent can be held liable for any property loss or damage (up to $10,000) caused by their child`s criminal acts.
Parents will not be held responsible for these fees if they can prove to the court that they exercised appropriate supervision over minors and made reasonable efforts to prevent or deter them from committing crimes. Special considerations come into play when minors commit acts considered criminal. The Youth Criminal Justice Act (YCJA) is the federal law that governs Canada`s youth justice system. It applies to youth between the ages of 12 and 17 who are in conflict with the law. The YCJA recognizes that minors should be held responsible for criminal acts, but not in the same manner or to the same extent as adults. It is in the interest of society to ensure that as many young offenders as possible are rehabilitated and become productive members of society. b. Report to the federal and state governments on whether the protections of the law are being complied with c. Advising federal and state governments on policies and procedures relating to the juvenile justice system d.
inform the public about the YCJA and the juvenile justice system; e. Creation of conferences f. Any other duties assigned by the Attorney General of Canada or a provincial minister Comparisons of pre-trial detention rates (i.e., the number of remand inmates per 10,000 juveniles in the population) also indicate an increase in the use of pre-trial detention under the YCJA. According to statistics from the 10 provinces, the overall survey rate increased from 3.3 in 2003/2004 to 3.8 in 2009/2010 (see Figure 4). As noted above, the YCJA also contains provisions for the placement of a minor who has been sentenced to an adult sentence. In 2012, Parliament adopted an amendment stipulating that a minor under the age of 18 at the time of sentencing must be sent to a juvenile detention centre. Thus, no minor under the age of 18 may serve part of his sentence in a provincial adult correctional institution or in a penal system. The YCJA contains a specific objective and set of principles to guide judges in deciding a fair and proportionate sentence for minors. Under the YCJA, the goal of juvenile justice is to hold young people accountable through just sanctions that provide meaningful consequences and promote their rehabilitation and reintegration into society, thereby contributing to the long-term protection of the public.
By law, pre-conviction detention is prohibited and deemed unnecessary. [74] One of the new provisions of the Act is intended to limit the use of remand and promote alternatives to detention. [75] Under the Young Offenders Act, pre-trial detention increased, and Canada had one of the highest rates of youth incarceration in Western countries. [76] Not only was the use of pre-trial detention high, but it also varied greatly from province to province. [75] Pretrial detention is not supposed to be punitive, but research has also revealed negative outcomes associated with it, such as depravity of liberty and isolation from the outside world. Many juveniles who were detained prior to conviction were also convicted more often than minors who were not in custody. [76] The inconsistent use of pre-trial detention and the negative connotations were sufficient reason for a review. The YCJA abolished the process of transferring youth to adult court.
Instead, the YCJA introduced a proceeding in which the juvenile court first determines whether or not the minor is guilty of the crime, and then can impose a sentence applicable to adults in certain circumstances. Offences punishable by an adult are offences committed when the minor was at least 14 years of age and for which an adult would be liable to imprisonment for more than two years. The YCJA, as passed by Parliament in 2002, also provided that minors 14 years of age and older convicted of certain serious violent crimes would be sentenced to an adult sentence. In these circumstances, it is incumbent on the juvenile to convince the court that a juvenile sentence would be appropriate. A juvenile has the following rights when arrested and charged by the police: In most cases, judges impose one of the juvenile sentences under the YCJA. However, in very serious cases, the court has the power to impose an adult sentence. If an adult sentence is imposed, the penalties provided for in the Penal Code for adult offenders apply to the juvenile. This can range from mandatory minimum sentences and prison sentences to life imprisonment. However, a young person cannot serve part of a sentence in an adult prison before the age of 18. While you are there to help your child, it is important that you understand their independence in the legal process.
Young people have the right to privacy and confidentiality when talking to a lawyer and making decisions about their case.