AND ANSWERS 2026
Youth Justice Legislation - ANSWERS1st - The Juvenile Delinquent Act (J.D.A);
2nd - The Young Offenders Act (YOA) ;
3rd - The Youth Justice Act (YCJA -present time)
Motivation for Juvenile Delinquents Act - ANSWERSA. Youth were frequently detained
with adults while waiting trial (bad for youth)
B. Growing number of poor children on the streets
C. Higher levels of street crime committed by youth
D. Humanitarian concerns of the Child-Savers
parens patriae - ANSWERS(under philosophy of JDA)
State will step in to act as the parents of a child when the biological parents fail to
provide enough support
Poor family background - ANSWERS(under philosophy of JDA)
It was influenced by social bond, control theory
It was believed that youth from poor family lack maturity and values
Best Interests of Youth - ANSWERS(under philosophy of JDA)
Probation and social workers are the key on looking for the best solution/interests for
youth which were subject to those professionals' standards
JDA principles - ANSWERSA. Young offenders = persons age 8 - 16 (upper bond
varied by province) - the more conservative, the lower the age limit will be (right wing) -
the more liberal (left wing), the higher the upper bond of the age limit will be
b. Status Offences (to address perceived immorality). It is only punishable and
criminalized to youth
C. Youth misguided and misdirected, NOT CRIMINAL. Youth will not be "sentenced" but
to "dis-positioned" - attention on youth themselves instead of the criminal act
D. Dealt with ALL summary offences; those that were indictable COULD be dealt with in
adult court - indictable is on the discretion of judge
'Dispositions' under the JDA - ANSWERSDifferent ways the court can deal with youth
1. Adjourn hearings (i.e., 'do nothing')
2. Impose a fine for as much as $10.00
3. Place the child in a foster home or in the care of a Children;s Aid Society
4. Probation
,5. 'Sentence' a youth to an industrial school or reformatory ('Sentences' could be
**INDETERMINE) - no end date until the probation officer says they are
good/rehabilitated - only thsoe who obey the reforming school can pass
6. Minimum age for adult court transfer: 14 - under judge's discretion
Probation and the JDA - ANSWERSA. Probation a key feature; probation officers had a
lot of responsibilities and power - best interest of the youth through the eyes of the
probation officer
B. Judge could sentence a youth to the custody of a probation officer
C. Probation officers conducted investigations and represent the best interest of the
youth
D. A youth could remain a ward of the court until 21
**why JDA came in conflict with our charter right (1982)
Criticisms of the JDA - ANSWERSA. Too much judicial discretion (e.g. adult court
transfer)
B. Broad definition of delinquency (e.g. *status offences - violating charter right (s.12) on
cruel and unusual punishment)
C. Maximum age of young offenders varied by province - not consistent
D. Potential for abuse in institutions/lack of accountability of SW (social workers?) - not
concerns of the quality in reformative schools
E. Lack of resources (especially for in-community programs - risks of youth crime rate
by poverty)
F. Rising youth crime rate
G. Some argued the JDA was too strict while some said not strict enough
The Road to the Young Offenders Act - ANSWERSA. Canadian Bill of Rights -
indeterminate sentences = unjust; definition of delinquency was too broad (status
offences)
B. Canadian Charter of Rights and Freedoms - s.12 right not to be subjected to any
cruel and unusual treatment to punishment
Crown counsel can ask for dangerous offender order for offenders at the end of their
sentence
Emphasis of YOA - ANSWERSCrime control oriented = hold youth responsible, protect
society = Crime Control approach (1 of the 5)
A. Hold Youth Responsible
B. Protect Society
C. Youth have Special Needs
D. Community Based Solutions
F. Community Based Solutions
G. Legal Rights and Freedoms
H. Proportionality in Sentencing
Key Differences between JDA & YOA - ANSWERSA. Minimum age of young offenders
raised to 12
, B. Maximum sentences replaced the indeterminate sentence
C. Legislated alternative measures from CJS while holding youth responsible on their
crimes
D. More of an emphasis on due process
E. No Status Offences (Charter Violation- protecting them from being subjected to the
discretion of probation officers)
Key Goals of YOA - ANSWERSA. To hold young people more accountable
B. To provide greater protection to society
C. Need to minimize the impact of the CJS on young people, Impact: a) likelihood of
future criminal will increae when less serious youth offenders involve in the formal CJS -
exposure to the custody center, being labelled as delinquent, being prevented from
prosocial network, activities, opportunities = then look for anti-social peer
D. To protect the legal rights of young people
Growing opposition to the YOA - ANSWERSA. Should lower the Minimum age for
young offenders (say going back to 8) - number of offenders engaged in crime before
12; 12 = overly liberal estimate
B. Concern of cost of Alternative Measures - funded by provincial government
(particular concerning to conservative province)
C. Police group - complex procedures to follow
D. Judges - lack of clear guidelines = contracting & competing principles
E. Public: accusing it was too soft on Crime
1986 Amendments to YOA - ANSWERSClarifying relevant criminal justice procedure for
the judges
1991 Amendments to YOA - ANSWERSFocusing on getting even tougher on crime
1. Maximum sentences for 1st or 2nd degree murder rasied to 5 years less a day = not
applicable when youth was transferred to adult court
2. Parole for youth transferred to adult court
3. Protection of public paramount in transfer hearings
1995 Amendments to YOA - ANSWERS"Get Tougher-er on Crime" Amendments
1. 10 years for 1st degree murder and 7 years for 2nd degree
2. 16 & 17 yrs old charged with a serious personal injury offence are automatically tried
in adult court (reverse onus), unless defense lawyer could establish that it was in a best
interest of the public when the youth were tried in youth court - presumptive offences
3. Introducing Victim Impact Statement - helped judges to justify for more primitive
sentences
Key Criticisms on YOA after Amendments - ANSWERSA. No hierarchy in guiding
principles
B. High recidivism rates among certain young offenders was a result of "a slap on the
wrist"
C. Public perception negative