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A Guide to the Youth Criminal Justice Act, 2013 Edition

A Guide to the Youth Criminal Justice Act, 2013 Edition    
Format Softcover
Catalogue No. 978-0-433-47172-1
Pages 364
Language English only
Price $63.00
  Not available for purchase at this time; awaiting word on date for new edition

Written by Lee Tustin, B.A., B.Ed., M.Ed., and Robert E. Lutes, Q.C.
Published by LexisNexis Canada Inc., 2012.

This is an annual publication. The 2012 edition was released July 2012.

Description:

A Guide to the Youth Criminal Justice Act, 2013 Edition provides the text of the Act with section-by-section commentary on legal and operational implications, for police officers, youth workers, and anyone who wants to understand how the Act is implemented. A must have for anyone dealing with young persons and who needs to understand how the Youth Criminal Justice Act (YCJA) is implemented.

With the recent passage of the controversial Bill C-10 amendments to the YCJA, it becomes even more important to examine the potential implications of the changes, which include:
  • An increase in the number of youth incarcerated for offences that are not deemed serious
  • Police being required to to keep a record of any extrajudicial measures they use to deal with young persons
This book captures key developments and features an overview of the youth criminal justice system in Canada, a Table of Concordance of the YCJA to the Young Offenders Act, the YCJA procedural flowchart, and other day-to-day checklists for police officers.

Highlights of the 2013 edition:
  • Discussion of Bill C-10 amendments to the Youth Criminal Justice Act that include:
    • A reordering of the Declaration of Principles to ensure that the 'protection of the public' is the guiding principle
    • Imposing a presumption of diminished moral blameworthiness
    • Adding deterrence and denunciation to the sentencing principles
    • Expansion of the criteria to lift the publication ban on youth given youth sentences
  • Discussion of recent key cases including:
    • R. v. Z.R.K. [2011] A.J. No. 791 (Alta. Q.B.) where an order made during a show cause hearing for a s. 34 psychiatric assessment was quashed by Certiorari
    • R. v. R.D. [2010] O.J. No. 6111(C.A.) where the court reviewed the history of s. 31 (Placement of young person in the care of a responsible person) and confirmed the mandatory nature of the section
    • R. v. L.K.S.L. [2011] B.C.J. No. 2396 (C.A.) where the Court of Appeal deleted the conditions imposed by the trial judge that were not authorized by ss. 97(1) and substituted the conditions set out in ss. 97(1)
Table of Contents:
  • Table of Concordance
  • Introduction
  • Youth Criminal Justice Act At A Glance
  • Part 1: Extrajudicial Measures
  • Part 2: Organization of Youth Criminal Justice System
  • Part 3: Judicial Measures
  • Part 4: Sentencing
  • Part 5: Custody and Supervision
  • Part 6: Publication, Records and Information
  • Part 7: General Provisions
  • Part 8: Transitional Provisions
  • Part 9: Consequential Amendments, Repeal and Coming into Force Schedule
  • Appendices:
    • YCJA Non-Disclosure Provision Chart
    • Table of Provincial Director Responsibilities
    • Checklist for Police Officers: Police Options (section 6)
    • Checklist for Police, Crown Prosecutors and Officials: Extrajudicial Sanctions (section 10)
    • Extrajudicial Measures: Duty of Police Officer
    • Extrajudicial Measures: YCJA Sections 4-12 Key Points
    • Form 1.1 (sections 6 and 7) Police Caution to a Young Person
    • Form 1.2 (section 8) Crown Caution to a Young Person
    • Form 1.3 (section 8) Notice to the Parent that a Young Person has been given a Crown Caution
    • Form 1.4 (sections 10 and 11) Notice to Parent of Extrajudicial Sanction
    • Form 5.5 (Criminal Code sections 499 and 503) Undertaking Given to a Peace Officer or an Officer in Charge
    • Form 9.1 (section 146) Statement of a Young Person
    • Summary Report of the Nunn Commission of Inquiry
    • Key Young Offenders Act Sections
  • Index
The legislation reproduced in this consolidation is current to Canada Gazette Part I, Vol. 146:16 (April 21, 2012), and Canada Gazette Part II, Vol. 146:9 (April 25, 2012). Pending legisltative changes include Bill C-10.

 
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This page last modified: May 7, 2013

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