NCJ Number
149958
Journal
Canadian Journal of Criminology Volume: 36 Issue: 3 Dated: (July 1994) Pages: 329-341
Date Published
1994
Length
13 pages
Annotation
The author briefly outlines the context in which Canada's Young Offenders Act (YOA) of 1984 was adopted and discusses YOA provisions that focus on juvenile transfers to adult courts.
Abstract
In abandoning the concept of an all-embracing offense of delinquency, the YOA focuses on the commission of a specific offense rather than on the condition of an offender. The fundamental aim of the YOA is to balance young people's needs and society's interests. The YOA provides for juvenile transfers to adult courts in exceptional cases, usually cases involving murder or attempted murder. In such transfers, the juvenile court must take into account offense seriousness, circumstances in which the offense was committed, age and background of the young person, adequacy of the YOA and the Criminal Code to meet case circumstances, availability of treatment or correctional resources, and other factors deemed relevant. Transfer applications are discussed in terms of innocence or guilt, and the YOA is viewed as only one element in society's response to youth crime. 12 references