The YCJA: in theory and in practice.

• Author: Winterdyk, John
• Position: Feature Report on Youth and the Law

The Youth Criminal Justice Act (YCJA) came into force on April 1, 2003. It was preceded by a number of major debates that called for a replacement of the former Young Offenders Act (YOA, 1984). In particular, the Youth Justice Strategy in May 1998 called for action on three levels: prevention, meaningful consequences, and harsher punishment for violent repeat offenders. In addition, many of the recommendations arising out of the Summit on Justice in 1999 were also incorporated into the new legislation. Some of the key recommendations included lowering the age of responsibility, parents being held more accountable, the use of incarceration as a last resort, and reliance on alternative measures.

Under the YOA, Canada came to have one of the highest youth incarceration rates among western nations. It was in essence in violation of the 1985 UN Beijing Rules, the 1990 Rules for the Protection of Juveniles Deprived of their Liberty, and related UN standards and norms in the area of juvenile justice of which Canada is a signatory member. In addition, a number of high-profile incidents involving young persons as either victims or offenders (e.g., the cases of Reena Virk and Clayton McGloan) drew considerable media attention to Canada's youth criminal justice system, most of which was negative. The general consensus was that the "youth justice system lacked a coherent justice philosophy. The system did not make a clear distinction between serious violent offences and less serious offences ..." (Juristat, 2006:4).

The four main principles of the YCJA under section 3(1) include:

* Prevention, to address the causes of crime and encourage community effort to reduce youth crime;

* Meaningful consequences that hold all young people accountable for their actions, and help them understand the implications of the harm they have done; * Rehabilitation and reintegration back into the community; and

* Flexibility for the provinces to establish youth justice policies that best meet their youths' needs. Collectively, the model of justice reflected in the YCJA can be referred to as a community change model. This means a model that includes provisions which attempt to address the causes of youth crime by creating options involving key environmental/community factors thought to be preconditions for youth crime.

These principles represent a significant shift from the former YOA. In addition to the legislative changes that accompanied the YCJA, the federal government allocated funding to begin a...