Statute: Its Principles and Provisions and Their Interpretation by the Courts (From Young Offenders Act: A Revolution in Canadian Criminal Justice, P 71-113, 1991, Alan W Leschied, Peter G Jaffe, et al, eds. -- See NCJ-134506)

• NCJ Number: 134510
• Author(s): N Bala; M-A Kirvan
• Date Published: 1991
• Length: 43 pages
• Sale Source: University of Toronto Press
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Canada

Annotation

This analysis of the Young Offenders Act passed in Canada in 1982 notes that it has clearly departed from the Juvenile Delinquents Act that was in effect for more than 70 years in that it is clearly criminal law and not child welfare legislation.

Abstract

The law sets a national age jurisdiction of 12 through 17; clearly limits the discretion of police, judges, and correctional staff; and holds juvenile offenders accountable for their actions. However, it also establishes a juvenile justice system separate from the adult criminal justice system and specifies that youth need not always be held accountable in the same manner or to the same extent as adults. It provides minors with rights and safeguards beyond those given adults. Most importantly, it recognizes that youths, because of their adolescence, have special needs and circumstances that must be considered when any decision is made. The law is new, and a process of adjustment and implementation continues. However, its Declaration of Principle reflects a societal consensus concerning juvenile offenders, and the law is unlikely to receive major revision in coming years. Notes and 10 references