Youth Justice System in Canada
The doli incapax defence, which refers to the incapacity to do wrong, was developed under the English common law where a child under the age of seven was deemed incapable to do wrong. The same immunity was extended to a child aged between seven and thirteen with the presumption that this age group had not yet developed sufficient intelligence and experience to understand the consequence of the crime committed. (Johnson, 2006). Despite the protection accorded to children, the doli incapax defence was not applicable in all cases. Children often faced the same penalties as adult, which include hanging and incarceration. More than three or four-century ago, children were put in jail and underwent the same treatment similar to adult criminals. However, the growing reform movement that spread across the world in the 19th century emancipated Canada to pass series of laws for the protection of children. In 1908, the Canadian government passed the JDA (Juvenile Delinquents Act), which was the first statue in Canada exclusively concerned with young people in conflict with the law. Under the JDA Act, young people in conflict with law were considered not yet matured and they should not be treated as criminals but as a misguided and misdirect child. (Department of Justice, 1965). The Act further considered that children needed help encouragement, aid and assistance. The response was to protect young offender as well as focusing on the factor that gave rise to the criminal behavior rather than bringing young person into contact with the justice. The general opinion was that JDA resembled "social welfare exercise than a judicial process." (Ottawa Library of Parliament, 2012 P. 127). This approach, which was the general agreement until 1960 was strongly criticized on the ground that JDA provided too little attention to a more equitable system in Canada. (Vaz, 2012).
During this period, young offenders were given sentences not related to their offences making people to decry the inconsistencies treatment levied on young offenders. Young offenders neither had basic right to consult a lawyer nor appeal to a decision. (Myers 2006, Trepanier, 999). The JDA reform process took a very along time, and the reform process started in 1961 when a committee within the Department of Justice was given a task to investigate the youth crime. In 1982, the Canadian Government enacted the YOA (Young Offenders Act).
Young Offenders Act came into force in 1984. Between 1984 and 2003, the YOA marked the beginning of the era where the Federal government took the affair of young people in conflict with the law very serious. Contrary to the JDA, the YOA provided a much narrower definition of the term "young offender." Under the JDA 1908 Act, the offenses that young offenders could be prosecuted were very broad, and under the JDA,
"young person between 7 to 15 years of age was a "juvenile delinquent" if he or she had committed an offence contained in the Criminal Code 20 or in any federal or provincial Act or regulation or municipal by-law, or who was guilty of "sexual immorality or any similar form of vice." (Ottawa Library of Parliament, 2012 P. 128).
On the other hand, YOA defined young offenders as anyone aged between 12 and 17 created by regulations or federal statutes. Typically, the new Act set a threshold of criminal responsibility for young people at the age of 12, and the standardized age where law recognized a young person to be competent to commit a crime was 18. Similar to JDA of 1908, the YOA could send a young person aged 14 or older, who committed a serious crime, to an adult court. Contrary to 1908 Act, YOA moved away from the protective approach and attempted to balance the protection with accountability. Although, the Act still see young person as an individual not yet matured, however, the Act did not see a young offender as the product of the environment. The Act revealed that a young person should be responsible and accountable to his or her criminal acts.
From the time YOA took effect, the legislation has been criticized on the ground that it gave rise to injustice and disparity across the country. YOA was also being criticized on the ground that it supported the reintegration of young offenders into the society rather than the public protection of young offenders charged with the serious crimes. (Bala, Carrington, & Roberts, 2009). The responses of series of criticisms on YOA made Canadian government to amend the YOA in 1986, 1992 and 1995. Series of amendments on YOA gave rise to the YCJA (Youth Criminal Justice Act) of 2003.
The paper develops research objective to enhance greater understanding on the move from Juvenile Delinquent...
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