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Get Tough or Get Smart? Options for Canada's Youth Justice System in the Twenty-First Century

NCJ Number
149953
Journal
Canadian Journal of Criminology Volume: 36 Issue: 3 Dated: (July 1994) Pages: 229-246
Author(s)
J H Hylton
Date Published
1994
Length
16 pages
Annotation
Canada's Young Offenders Act (YOA) represents one of the most significant pieces of social policy legislation enacted in Canada, and reforms to address several controversial provisions of the act are under consideration.
Abstract
The most significant provisions of the YOA concern specialized youth courts and correctional programs, the age range between 12 and 17 years, the handling of juveniles under 12 years of age by child welfare authorities, youth offenses and sentencing options, and due process rights. Although amendments to the YOA were introduced in 1986 and 1992, the following additional reforms are proposed: increasing the maximum sentence for first-degree murder from 5 to 10 years in custody, increasing the maximum sentence for second-degree murder from 5 to 7 years, increasing the minimum amount of time that young offenders convicted of murder in the adult court system must serve before becoming eligible for parole, removing certain restrictions on access to records of young offenders, and requiring young offenders accused of serious crimes to convince a youth court judge that they should not have their trials in adult court. Critics and supporters discuss the YOA in the context of juvenile custody, rehabilitation, and treatment. The author believes that Canada is moving away from a youth justice system based on the needs of young offenders toward a system that places greater reliance on youth accountability, deterrence, and protection of society. 23 references and 3 notes