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Youth Crime in Canada

Youth crime is viewed differently in Canada than it is in the United States. In Canada, for example, young people in conflict with the law are no longer referred to as juvenile delinquents and are considered to be between the ages of 12 and 17 at the time the offense had been committed. Youth are also governed under a youth justice system which differs from the adult justice system.

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Legislation:

Juvenile Delinquency Act (1908) Canada first introduced legislation called the Juvenile Delinquency Act (JDA). The idea of this act was not to punish, yet to rehabilitate and reform. At this time youth were referred to as juvenile delinquents and could be charged as young as 7 years old. This era was seen as the evolution of juvenile justice in Canada. It stated that “every juvenile delinquent shall be treated, not as a criminal, but as a misdirected or misguided child”. Juveniles who were found guilty (regardless of the type of crime) became ward of the courts until 21 years of age.

Young Offenders Act (1984) The JDA was replaced in 1984 by the Young Offenders Act (YOA). This act tried to remedy the errors of the JDA. It emphasized that a young person cannot be criminally charged before the age of 12 and that those aged 16 and 17 may be transferred to the adult justice system (depending on the crime and circumstances). At this time youth were referred to as young offenders. When initially introduced, the YOA enforced a maximum sentence of 3 years but was amended in 1992 to reflect a maximum sentence of years. This was changed again in 1995 to reflect a 10 year maximum sentence

Youth Criminal Justice Act (2003) In an attempt to further improve the youth justice system, legislation changed once again in 2003. The Youth Criminal Justice Act (YCJA) replaced YOA by providing more concrete and clear guidelines. One of the main purposes of this new act was to reduce the amount of youth being admitted into provincial jails (this pertains to both remand and sentencing). The YCJA legislation encourages the use of extra judicial measures through restorative justice. Extra judicial measures are an additional way to address youth crime and hold youth accountable . . Sentencing under this act carries a 10 year maximum sentence which usually consists of 6 years of secure custody and 4 years of open custody. Reports do in fact support the notion that the YCJA is effective in its intent. This current legislation encourages youth to be viewed as youth in conflict with the law rather than a juvenile delinquent or a young offender. This is an active effort to move away from labeling and self-fulfilling prophecies.

Controversy:

There is a strong public opinion that Canadian laws concerning youth crime are too lenient or counter-productive. Some believe the legislation pertaining to youth crime in Canada only creates net widening which in return produces social control

Over Representation and Systemic Racism:

In Ontario, blacks and Aboriginal people are overrepresented in both youth and adult jails. In Ontario, Aboriginal male youth aged 12 to 17 make up 2.9% of the young male population, but make up nearly 15% of young male admissions in youth facilities. For black male youth the over representation is four times higher, however, for white male youth an over representation does not exist. Female Aboriginal youth are overrepresented; their jail admissions population is 10 times higher than their representation of the general population.

Over representation of black and Aboriginal youth could be the result of complex social problems such as racism, poverty, family challenges, lack of education, discrimination, unemployment, drugs, alcohol, violence and mental health issues.

In 2012 - United Nations called on Canada to take “urgent measures” to reduce the over representations of aboriginals and blacks in the criminal justice system and out-of-home care

Youth in the Canadian justice system are much more likely than the general Canadian youth population to suffer from abusing alcohol and drugs, conduct disorders and fetal alcohol syndrome. They are also more likely to be diagnosed with depression or have schizophrenia. Less than 1 per cent of the general youth population suffers from post-traumatic stress disorder. One in four youth in custody displayed PTSD symptoms