NCJ Number
175428
Date Published
1998
Length
15 pages
Annotation
From its reading of the Canadian Federal Government document, "A Strategy for the Renewal of Youth Justice," the Canadian Criminal Justice Association (CCJA) believes the Federal Government intends to repeal the Young Offenders Act (YOA) and replace it with a new act on youth justice; the CCJA presents its reasons for opposing this change.
Abstract
Reacting to the report of the Standing Committee on Justice and Legal Affairs, the Canadian Federal Government, on May 12, 1998, made public a document entitled "A Strategy for the Renewal of Youth Justice." It is apparent under this strategy that the current YOA would be replaced with a new youth justice act. Two reasons may justify repealing or amending criminal legislation: first, if a law is ineffective in dealing with a targeted offender group; and second, if the crime rate for that same group shows such an increase that the means by which the law sanctions criminal behavior are put in question. Neither of these conditions are currently present in Canada. There has been no significant increase in youth crime in recent years, and the public perceptions of the level and seriousness of youth crime are erroneous. The current YOA is adequate to deal effectively with young offenders, even those whose delinquency is the most serious or repetitive. The YOA includes measures that are not applied to their full potential, and it seems superfluous to amend it in order to make it more punitive. There is no need to increase penalties when the maximums available under the current law are not being used. The CCJA argues that the more the law is amended, the more public concerns are amplified. Since its promulgation in 1984, the law has been repeatedly amended without ever evaluating the impact of the latest amendments prior to suggesting new ones. The CCJA fears that there is a trend to diminish or eliminate a distinct youth justice system, different from the adult system, to be replaced by more punitive measures that do not recognize the educational needs of youth. This paper comments on specific recommendations included in the "Strategy for the Renewal of Youth Justice."