The History of the Youth Criminal Justice Act

Question 1

What did the Juvenile Delinquents Act entail, and when was it enacted?

Answer 1

Enacted in 1908

The antisocial and deviant behaviour of young people was attributed to a lack of proper guidance

Young girls who were sexually active were considered juvenile delinquents

Juveniles were sent to training schools to receive discipline and vocational (occupational) training

Minimum age for conviction was 7

Question 2

What were the 5 main criticisms of the Juvenile Delinquents Act that arose in the 1970s?

Answer 2

1. Youths reoffending too often
2. Punishments were too subjective (often depended on the mood of the judge)
3. Upper age limit of 18 was too high
4. Lack of consistency among the provinces (the law was not applied fairly
5. The act did not consider the legal rights of youth

Question 3

What did the Young Offenders Act entail, and when was it enacted?

Answer 3

Enacted in 1984

Youth engaging in criminal activity were officially identified as young offenders as opposed to juvenile delinquents

Minimum age for conviction was raised from 7 to 12, and extended to their 18th birthday

The act held youth offenders to a lower level of accountability than adults

The act applied all charter rights to youth offenders, and offered other rights to ensure that they were protected

Question 4

What were the 4 main criticisms of the Young Offenders Act?

Answer 4

1. Offences increased
2. People wanted reform on violent and repeated youth crimes – an amendment was enacted that increased the maximum sentence from 3 to 10 years
3. People wanted to lower the minimum age for conviction to 10
4. The act was too soft on young offenders

Question 5

What does the Youth Criminal Justice Act (YCJA) entail, and when was it enacted?

Answer 5

Enacted in 2003 (effective presently)

Addresses the circumstances of young peoples’ behaviour and focuses on rehabilitation

Encourages families, victims, youth workers, and the community to play a role in the stages of the system

Builds on the strengths of the Youth Offenders Act and introduces significant reforms that address its weaknesses

Question 6

What are the 6 most notable changes brought in by the Youth Criminal Justice Act (YCJA)?

Answer 6

1. Offenders no longer had to be transferred to adult court to receive an adult sentence (became the judge’s discretion)
2. The identity of youth offenders who were charged with adult sentences could have their names released to the public
3. Stiffer penalties and sentences were adopted for violent crimes
4. Only 16- and 17-year-olds accused of murder, manslaughter, and aggravated sexual assault can face adult sentences
5. Any youth over the age of 14 accused of a violent act can be treated and sentenced as an adult
6. Courts can give out adult sentences to youth offenders convicted of offences that are punishable by more than 2 years of jail time