Young Offenders Act
Encyclopedia
The Young Offenders Act was an act of the Parliament of Canada
, granted Royal Assent
in 1984, that regulated the criminal
prosecution of Canadian youth
s. The act was repealed in 2003 with the passing of the Youth Criminal Justice Act
.
The act established the national age of criminal responsibility
at 12 years old, and said that youths can only be prosecuted if they break a law of the Criminal Code
(previously, youths could be prosecuted or punished solely on the grounds that it was in the youth's "best interests").
The act also indicated that the rights established in the Canadian Charter of Rights and Freedoms
apply to youths as well.
Controversy dogged the act for many years. Many felt that the act's limit on a three-year detention sentence for youths was overly lax, and allowed youths to get unreasonably light sentences for murder
or sexual assault
. This maximum was repeatedly increased, until in 1996 it was extended to a maximum of 10 years. That same year a provision was also made to allow 16-year-olds to be tried as adults in certain cases. Critics contended that this was "too harsh," as it made youths possible victims of life sentences.
The act also drew much criticism from the public for not charging young offenders under the age of 12 years, and for banning publication of the identities of youths who commit criminal acts, contending that the number of violent crimes committed by youths has dramatically increased, as have the number of repeat young offenders, since the act was passed. The demands by the Canadian public for changes for the better in dealing with youth crime, particularly in the wake of the beating and attempted murder in 1999 of then-15-year-old Jonathan Wamback in Newmarket, Ontario by a gang of teenagers, led to the introduction of the Youth Criminal Justice Act to replace the YOA.
The YOA replaced the earlier Juvenile Delinquents Act
enacted in 1908.
Parliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...
, granted Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
in 1984, that regulated the criminal
Criminal justice
Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...
prosecution of Canadian youth
Youth
Youth is the time of life between childhood and adulthood . Definitions of the specific age range that constitutes youth vary. An individual's actual maturity may not correspond to their chronological age, as immature individuals could exist at all ages.-Usage:Around the world, the terms "youth",...
s. The act was repealed in 2003 with the passing of the Youth Criminal Justice Act
Youth Criminal Justice Act
Canada's Youth Criminal Justice Act is a Canadian statute, which came into effect on April 1, 2003. It covers the prosecution of youths for criminal offences...
.
The act established the national age of criminal responsibility
Defense of infancy
The defense of infancy is a form of defense known as an excuse so that defendants falling within the definition of an "infant" are excluded from criminal liability for their actions, if at the relevant time, they had not reached an age of criminal responsibility...
at 12 years old, and said that youths can only be prosecuted if they break a law of the Criminal Code
Criminal Code
A criminal code is a document which compiles all, or a significant amount of, a particular jurisdiction's criminal law...
(previously, youths could be prosecuted or punished solely on the grounds that it was in the youth's "best interests").
The act also indicated that the rights established in the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
apply to youths as well.
Controversy dogged the act for many years. Many felt that the act's limit on a three-year detention sentence for youths was overly lax, and allowed youths to get unreasonably light sentences for murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
or sexual assault
Sexual assault
Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
. This maximum was repeatedly increased, until in 1996 it was extended to a maximum of 10 years. That same year a provision was also made to allow 16-year-olds to be tried as adults in certain cases. Critics contended that this was "too harsh," as it made youths possible victims of life sentences.
The act also drew much criticism from the public for not charging young offenders under the age of 12 years, and for banning publication of the identities of youths who commit criminal acts, contending that the number of violent crimes committed by youths has dramatically increased, as have the number of repeat young offenders, since the act was passed. The demands by the Canadian public for changes for the better in dealing with youth crime, particularly in the wake of the beating and attempted murder in 1999 of then-15-year-old Jonathan Wamback in Newmarket, Ontario by a gang of teenagers, led to the introduction of the Youth Criminal Justice Act to replace the YOA.
The YOA replaced the earlier Juvenile Delinquents Act
Juvenile Delinquents Act
The Juvenile Delinquents Act was a law passed in 1908 by the Canadian government to improve its handling of juvenile crime. The act established procedures for the handling of juvenile offenses, including the government assuming control of juvenile offenders...
enacted in 1908.