The New Youth Criminal
Justice Act
February 2001
As promised in Red Book III and stated in the
January 2001 Speech from the Throne, the Minister of Justice has re-introduced
the Youth Criminal Justice Act -- a pillar in our Youth Justice Renewal
Strategy.
The Strategy seeks to address the public’s need
for a system that promotes accountability, responsibility, rehabilitation,
respect and fairness.
It has built-in flexibility sought by the
provinces to accommodate their unique needs and differences in approach as they
work to achieve the objectives of the Youth Justice Strategy.
Key Elements of the Bill:
- Prevention to address the root causes of
crime and encourage community efforts to reduce crime;
- Meaningful consequences that hold youth who
commit crimes accountable, help them understand the impact of their
actions on the victim and the community and allow them to make good on the
harm done to the victim and the community; and,
- Rehabilitation and reintegration to prevent
them from re-offending and insure long term protection of the public.
The Youth Criminal Justice Act supports
the Strategy by:
- better distinguishing between violent and
non-violent crime and providing punishments that are proportionate to the
seriousness of the offence and take into account the needs of the youth;
- strengthening efforts to rehabilitate; and
- encouraging the use of effective and
meaningful alternatives to custody where appropriate.
Highlights of the Youth Criminal Justice Act
- Encourages community-based sentences, where
appropriate, such as compensation for victims, community service, and
supervision in the community;
- Allows courts to impose adult sentences on
conviction when certain criteria are met;
- Presumes that adult sentences will be given to
young people 14 and older who are found guilty of murder, attempted murder,
manslaughter, aggravated sexual assault or who are repeat, serious, violent
offenders. (Note: A province may raise the age for this presumption
up to 16 by Order in council.);
- Creates a new intensive rehabilitative custody
and supervision sentence for the most violent, high-risk youth so that they
get the treatment they need;
- Requires, in general, that youth be held
separately from adults to reduce the risk that they will be exposed to adult
criminals;
- Requires all periods of custody to be followed
by a period of supervision and support in the community. This would allow
authorities to closely monitor the young person and to ensure that he or she
receives the necessary treatment and programs to return safely and
successfully to the community; and
- Gives provinces more flexibility in
determining the level of security when a youth is placed in custody as well
as more flexibility in moving youth who reach adult age while still in
custody into adult facilities.
The publication of names is permitted: when a
youth receives an adult sentence; in some cases, when a youth receives a youth
sentence for murder, attempted murder, manslaughter, aggravated sexual assault,
or has a pattern of convictions for serious violent offences; or under court
order when a youth is at large and a danger to others and publication is
necessary to protect society.
The 1999 Budget set aside $206 million over three
years in new money to support provincial and territorial efforts to meet the
objectives of the Strategy.
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