Young Offenders Act

22 Pages 5542 Words

ABOUT THE YOA
• The Young Offenders Act was proclaimed into law in Canada on April 2, 1984. It replaced the Juvenile Delinquents Act, which had been in place for the previous 75 years. The YOA brought about significant changes from that previous legislation. Many were considered controversial right from the beginning and the critics started complaining even before it was officially proclaimed. One group thought that it was too harsh and created a new "Criminal Code for Kids". Others said it was too lenient and allowed young people to avoid responsibility for their actions. Little has changed in that regard, despite amendments to the YOA over the past 15 years. The criticism continues from both sides with many looking back to the time of the Juvenile Delinquents Act. In this web page, I propose to examine that earlier Act, and then go on to discuss various aspects of the YOA. Needless to say, emphasis will be placed on those areas that have generated criticism or controversy. Comments will also be made about the new Youth Criminal Justice Act, which was recently passed by the Canadian Parliament but has yet to be proclaimed in force.

JUVENILE DELIQUENT’S ACT
• The JDA was a mixture of both criminal law and child welfare ("child protection" in some provinces) law. It was a reaction to the perceived harshness of earlier laws that treated children who broke the law just like adult offenders.
• During the 17th and 18th centuries, the fundamental aim in criminal jurisprudence was not reformation but punishment. This applied equally to children and there were numerous reported decisions about young children who were hanged. By the late 19th century, reformers, who were incensed by the harshness of this, clamored for change. They sought to protect and redeem those who they saw to be the victims of vicious environments, unfortunate heredity and cruel treatment at the hands of parents and employers. Juvenile court reform was only ...