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A Guide to the Youth Criminal Justice Act, 2013 Edition

This concise guide to the Youth Criminal Justice Act (YCJA) provides an overview of the youth criminal justice system in Canada, section-by-section commentary on legal and operational implications, and captures key recent developments. A must-have for anyone dealing with young persons and who needs to understand how...



Publisher: LexisNexis Canada
Country: Canada
Format: Softcover Book
Publication Language: English
ISBN: 9780433471721
Publication Date: 2012-06-30
 
Price: $63.00
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    Your Portable Guide to the YCJA

    This concise guide to the Youth Criminal Justice Act (YCJA) provides an overview of the youth criminal justice system in Canada, section-by-section commentary on legal and operational implications, and captures key recent developments. A must-have for anyone dealing with young persons and who needs to understand how the YCJA is implemented.

    With the recent passage of the controversial Bill C-10 amendments to the YCJA, it becomes even more important to examine the potential implications of the changes, which include:

    • An increase in the number of youth incarcerated for offences that are not deemed serious
    • Police being required to to keep a record of any extrajudicial measures they use to deal with young persons
    • And more
    Features and Benefits
    • Updated commentary — references relevant cases and highlights reactions to the YCJA from the courts and those who work with the Act offering expert insight on recent developments
    • Full text of the legislation — allows you to have ready access to the most current legislation
    • Section-by-section commentary — allows you to understand the legal rationale and operational issues of individual provisions
    • YCJA procedural chart — provides step-by-step guidance
    • A table of concordance on the YCJA and the former Young Offenders Act— allows you to identify what has changed and what has remained the same
    • Forms and checklists for police, Crown prosecutors and officials — provides a handy checklist of what you can and cannot do when arresting a young person
    Highlights of This Edition
    • Discussion of Bill C-10 amendments to the Youth Criminal Justice Act that include:
      • A reordering of the Declaration of Principles to ensure that the ‘protection of the public’ is the guiding principle
      • Imposing a presumption of diminished moral blameworthiness
      • Adding deterrence and denunciation to the sentencing principles
      • Expansion of the criteria to lift the publication ban on youth given youth sentences
    • Discussion of recent key cases including:
      • R. v. Z.R.K. [2011] A.J. No. 791 (Alta. Q.B.) where an order made during a show cause hearing for a s. 34 psychiatric assessment was quashed by Certiorari
      • R. v. R.D. [2010] O.J. No. 6111(C.A.) where the court reviewed the history of s. 31 (Placement of young person in the care of a responsible person) and confirmed the mandatory nature of the section
      • R. v. L.K.S.L. [2011] B.C.J. No. 2396 (C.A.) where the Court of Appeal deleted the conditions imposed by the trial judge that were not authorized by ss. 97(1) and substituted the conditions set out in ss. 97(1)

      Who Will Benefit

    • Criminal law practitioners who represent young persons and advise them of their rights
    • Judges who need to be familiar with the court procedures and sentencing options for young persons under the YCJA
    • Correctional service and probation officers who need to oversee the custody and supervision of young persons
    • Police officers who implement extrajudicial measures and need to know the limits of their authorities in relation to young people
    • Law enforcement program students who need a practical, yet comprehensive learning reference about the youth criminal justice system


    Billing Method: Annual Publication - Standing Order Terms Apply

    Table of Concordance
    Introduction
    Youth Criminal Justice Act At A Glance
    Part 1: Extrajudicial Measures
    Part 2: Organization of Youth Criminal Justice System
    Part 3: Judicial Measures
    Part 4: Sentencing
    Part 5: Custody and Supervision
    Part 6: Publication, Records and Information
    Part 7: General Provisions
    Part 8: Transitional Provisions
    Part 9: Consequential Amendments, Repeal and Coming into Force Schedule
    Appendices
    YCJA Non-Disclosure Provision Chart
    Table of Provincial Director Responsibilities
    Checklist for Police Officers: Police Options (section 6)
    Checklist for Police, Crown Prosecutors and Officials: Extrajudicial Sanctions (section 10)
    Extrajudicial Measures: Duty of Police Officer
    Extrajudicial Measures: YCJA Sections 4-12 Key Points
    Form 1.1 (sections 6 and 7) Police Caution to a Young Person
    Form 1.2 (section 8) Crown Caution to a Young Person
    Form 1.3 (section 8) Notice to the Parent that a Young Person has been given a Crown Caution
    Form 1.4 (sections 10 and 11) Notice to Parent of Extrajudicial Sanction
    Form 5.5 (Criminal Code sections 499 and 503) Undertaking Given to a Peace Officer or an Officer in Charge Form 9.1 (section 146) Statement of a Young Person
    Summary Report of the Nunn Commission of Inquiry
    Key Young Offenders Act Sections

     

    Lee Tustin B.A., B.Ed., M.Ed. & Robert E. Lutes, Q.C., B.Sc., LL.B., LL.M.


    Lee Tustin, B.A., B.Ed., M.Ed., has an Ontario Teacher’s Certificate and a graduate diploma in social work, law and administration and a Masters degree in Education and is a member in good standing of the Ontario College of Teachers. She has an extensive background in youth justice and all of the areas that deal with youth at risk and in conflict with the law. She is currently a Child and Youth Advocate at the Office of the Provincial Advocate for Children and Youth in Ontario. Ms. Tustin is also a Juvenile Justice Advisor for numerous international development projects and a technical consultant for UNICEF’s Child Protection System Reform Roster in Eastern Europe and Central Asia.

    Robert E. Lutes, Q.C., received a B.Sc. from Mount Allison University in 1969, an LL.B. from the University of New Brunswick in 1973 and an LL.M. from Kings College at the University of London in 1974. After working in private practice from 1975 to 1980, Mr. Lutes joined the Province of Nova Scotia in 1980 as a senior Crown attorney with the Public Prosecution Service. Since 1998, Mr. Lutes has had three secondments: Department of Justice Canada to assist with the Youth Criminal Justice Act; RCMP National Youth Strategy as a youth justice training specialist; and the Learning and Development Human Resources Sector of the RCMP as a justice training specialist.

     

Products to Consider

Annotated Youth Criminal Justice Act
The Youth Criminal Justice Act (YCJA) replaced the Young Offenders Act (YOA) on April 1 st , 2003. To keep you on top of the case law flowing from this new Act, and the fast-paced changes as issues are debated and appealed, you need the up-to-date resources offered by this publication Features include: The full text of the new legislation in both ...

Sentencing, 8th Edition
This book, regarded by many as “the sentencing bible”, canvasses the law of sentencing in a way that no other books on criminal law and sentencing are able: it succinctly outlines all of the significant facets of sentencing principles and procedure, and provides the reader with a comprehensive range of sentencing for various offences.

The Practitioner's Criminal Code, 2013 Edition + E-Book
Often known as the “Gold Code,” this leading annotated Criminal Code stands out from the competition and is now the choice of the criminal bar across the country.

The Practitioner's Criminal Precedents, 3rd Edition
Courts now require a multitude of documents - notices, submissions, affidavits, facta - for both criminal and quasi-criminal cases. This book equips you with 300+ precedents ranging from the routine to the highly specialized, covering every type of precedent you will ever need.

 
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