Sociology 2267A/B Lecture Notes - Lecture 11: Young Offenders Act, Independent Living, Paternalism

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Section 3(c)(iv) of the ycja acknowledges that there are important sociohistorical, cultural, gender and other differences between young canadians within the youth justice system. Further, it instructs that within the youth justice system, all measures taken should "respect gender, ethnic, cultural and linguistic differences and respond to the needs of aboriginal young persons and of young persons with special requirements. " The ycja also recognizes that the special circumstances of aboriginal youth needs to be considered in decision making. In 1991 the manitoba provincial government undertook a comprehensive analysis of aboriginal people in the justice system. Associate chief justice a. c. hamilton and associate chief judge c. m. Sinclair identified two correctional issues: the overuse of custody for aboriginal youth, and inappropriate programming. Aboriginal youth are over-represented in the justice system, including being disproportionately held in remand, sentenced to custody, and placed in secure custody.

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