The be treated as criminals but as “misdirected

The young offenders act is an act that respects young offenders, Bill C-192 was the mix  of a decade of efforts to reform it and was similar in many respects to the present Act, which was called the Juvenile Delinquents Act. It was given its first reading in the House of Commons on November 16th 1970, but did not proceed beyond the second reading. On february 16 1981, Bill C-61, known as the young offenders act was introduced to the house of commons, it was given to the Justice Committee in June 1981 after the second reading of the bill,but, the Justice Committee did nothing with the bill until april 1982. On May 17 1982 it was given its third reading and was passed by the Senate. Royal Assent was on July 7 1982 and the Act came into effect on April 2 1984. When this bill came into effect all of the treatment of criminal activity by minors had a big change. The act that it had replaced was described as the “welfare” of dealing with minors. The youth were not to be treated as criminals but as “misdirected children”. They thought that they were just in need of help, assistance, encouragement. There was a lot of flexibility with the act because there aim was to save the child. The YOA understood the vunribility and needs of the youth, but it also recognizes two key things, that you need to protect the society and the rights of young young people. As a result, we have a noticeably more detailed and definitive code guiding the criminal acts against minors. It doesn’t give a criminal code for minors, it just says the procedures that should be taken when dealing with adolescent criminal activity.  It applies to all people between the age of 12 and 18. That is something very different then the act that came before it, in the JDA it could be used with any child over the age of 7 and you could only use it up until you were 16. When the YOA was first put into place, some provinces were aloud to keep the maximum age of 16 for a bit while they were adjusting to the new act. By april 1985, every province in canada had the maximum age raised to 18. The youth who were being prosecuted under this act were to be tried by the youth courts, these courts were designated by the government or the governor in council. They are specifically meant to deal with adolescents. If you are over 16 this court is able to transfer your case over to the adult court but the YOA sets out a very detailed list of things that need to be considered before the case is transferred. A legislation that was passed in 1986, says that if the youth is over the age of 16 the youth court had to see if either party wanted to make a transfer application before making a adjudication. Also 16 and 17 year olds charged with murder, attempted murder, manslaughter or aggravated sexual assault are dealt with in adult court. The age limit of the YOA have become controversial. Police forces have said that they are powerless to deal with criminal acts by children under 12 and over 7. The federal government maintains that the provinces have the power to treat such children pursuant to their jurisdiction over child welfare. Some provinces were slow to accommodate themselves to the new upper age limit of 18. The act also said that minors are not to be held as accountable for their actions as adults who are being charged with a criminal offence are, but even so, theyre still must be consequences for their actions. Society as a whole must have protection from criminals but it is still theyre job to protects youth. Society recognizes that they need to supervise youth because they are very easily influenced and swayed by the people they are around. The legal rights of youth are very much respected and minors are always informed of there rights when there is the possibility of them being infringed upon. The act also says that the youths should be rehabilitated if possible. When they were considering the use of alternative measures or rehabilitation, they would look at the minors past offences and if they had made any personal tries to be rehabilitated. If the past offences were ongoing and theyre not making any progress then there is a very good chance that they will not be accepted into rehabilitation. Parents must also be ok with the idea of rehabilitation. If the child is accepted into a rehabilitation program, then the court will make an outcome plan that all parties must agree to, if the youth does not show up for the rehabilitation program or does not do what the court apointed outcome plan says, then they youth will be arrested. Also if this happens then the person who refered that the youth be put in the program will also be in trouble. If the youth does go to the rehabilitaion program or they do whatever the putcome plan says, they have six months to get it complete, the outcome plan is supervised by a confrence adminastrater, if the outcome is completed at a saticfactory level then no further criminal prcedings will be taken. If the child is not elligible for rehabilitation and/or an outcome plan, then they go to court, the minor gets to choose who they want to be their lawyer, or they could hire a real lawyer, if they didn’t have the money to get a lawyer then the courts would pay for one. However if you are acting as a lawyer then their are a few things that you need to keep in mind, if the offence is covered by the act then you should talk with the minor about the pros and cons of being covered under the act, also you need to pretend like the minor has not gotten any legal advice from the police station