#ycja

In Ontario and throughout Canada, youths are held to the same standards are adults when it comes to obeying the law. The YCJA (Youth Criminal Justice Act) outlines the procedures and processes of youths who have been charged with criminal offences. A youth is defined as anyone who is at least 12 years old and less than 18 years old.

The YCJA outlines the processes police must follow when detaining, arresting, charging, and questioning a youth. Furthermore, the YCJA covers the rights of youths, as well as their trial process, sentencing guidelines, and handling of youth criminal records.

Oftentimes, the police will use their discretion to determine whether to arrest and charge a youth with a criminal offence. For instance, if the offence is less serious and the youth does not have any prior offences, then the police may decide to issue a warning to the youth and inform their parents without any formal charges.

At issue here is whether imposing conditions that are mandatory for a probation order under the YCJA, while sentencing a youth to a conditional discharge, is consistent with s.42(11) which directs that probation may not be ordered when granting a conditional discharge.

“25 I have concluded, that while there appear to be no specific limits upon the discretionary conditions that I may impose on the granting of a conditional discharge, it would be inconsistent generally with the intent expressed in the YCJA to reduce reliance on custody for nonviolent offences and reduce the incidence of prosecution for minor administrative or "system" offences to impose those conditions which are mandatory to a probation order. 

and then that involves some mental acrobatics that always seem to culminate with "holy shit 2002 was TWELVE YEARS AGO"

"TWELVE"

When I started the day, I had a certain idea of what I was going to post as a blog. I was planning on ranting about the fact phones now have attachable camera lens', however, that rant seems moot now compared to this.

A couple days ago, I saw an article CBC released about a child under 12 in Saskatchewan who was apprehended for beating a six year old boy, Lee Bonneau, to death. (Pictured Below)

I understand that our countries Youth Criminal Justice Act (YCJA) doesn't allow a offender under the age of 14 to be charge, but by the age of five, when most of us started kindergarten, we understand the difference between the right and wrong. Should this child not be held responsible for his actions? 

"Because the person investigators believe is responsible for this homicide is under the age of 12, the child cannot be charged under the Youth Criminal Justice Act," RCMP Staff Sgt. Larry Brost explained to news reporters on Tuesday.

Now, that's enough to start some really heated discussions and even arguments, but I'm not done yet. 

Not even a week later, a 13 year old boy was charged with attempted murder of a 13 year old girl, also in Saskatchewan. Now, under the YCJA, the name of the boy was not published, but authorities say he will appear in court on Monday.

When asked about the procedures that will be taken for the young male, Andrea Brittin, an assistant deputy in the social services ministry, said that treatments will be put in place for the offender until he is old enough to be accountable for his actions.

"Those treatment needs are going to change as he grows older," 

As great as it is to find out that these kids will not be actually investigated until they are able to be tried as adults, these two accounts are much too close for comfort.