NCJ Number
227221
Journal
Canadian Journal of Criminology and Criminal Justice Volume: 51 Issue: 2 Dated: April 2009 Pages: 131-167
Date Published
April 2009
Length
37 pages
Annotation
Five years after its enactment, this study assessed the impact of Canada's Youth Criminal Justice Act (2003), which is intended to decrease the use of courts and custody for juvenile offenders, while improving the effectiveness of responses to violent juvenile offenders.
Abstract
Although there has been some variation in how different justice system professionals have interpreted and applied some of the provisions of the Youth Criminal Justice Act (YCJA), generally Canada's police, prosecutors, and judges have responded well to the YCJA's intent to reduce the over-reliance on the incarceration of young persons. Youth courts have generally recognized the limited accountability of juveniles compared to adults, while focusing on the importance of using community-based sentences that promote rehabilitation and reintegration into society. In cases that involve more serious offenses or lengthy criminal records that indicate a failure to respond positively to community-based options, youth courts have continued to impose custodial sentences. The presumption of adult sentencing for the most serious juvenile offenders has been ruled unconstitutional, but adult sentences are still imposed in a small number of cases that involve excessively violent youth. Relevant data for the first 5 years of the YCJA's implementation show that the YCJA has had a significant impact both on recourse to youth court and the use of custody as a sanction, without increasing recorded juvenile crime. As intended, the YCJA has resulted in a significant reduction in the use of courts and custody for juvenile offenders; however, concerns about the continued high rate of the use of remand custody remain, which may require further legislative reforms. 12 figures, 22 notes, and 46 references