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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