LAWS 3307 Lecture Notes - Lecture 3: Defense Of Infancy, Young Offenders Act, Youth Criminal Justice Act
Document Summary
The greatest interference with freedom is sending someone to jail (jail is a last resort: young persons have a right to be informed of their rights, should be removed from their parents only as a last resort. From province to province there was disparity not all charges were the same depending on the city there was also disparity in sentencing. Criticisms of the yoa: disparity in charging (different from province to province), disparity in sentencing, over-reliance on custody. Over-reliance on custody: less serious and non-violent offences, minor repeat offences, higher than any other western country, higher than for adults (no chance for parole compared to adults, longer jail terms than adults (on average, no parole. Increase penality for 1st and 2nd degree murder. Make it easier to transfer to adult court. Premier 1998: the yoa is so permissive that it actually seems to condone criminal behaviour .
