The controversial subject of young offenders act in canada

It applies to a young person, or youth, who is or who appears to be 12 years old or older, but who is less than 18 years old and who is alleged to have committed an offence as a youth. The Act creates a separate criminal justice system for young persons and thus they do not fall under the jurisdiction of the criminal justice system established by the Criminal Code. A youth justice court, subject to the Contraventions Act and the National Defence Act, has exclusive jurisdiction to deal with offences committed by young persons. The youth criminal justice system is, according to the Act, intended to:

The controversial subject of young offenders act in canada

Last Edited June 9, The Supreme Court of Canada is the court of last resort for all legal issues in Canada, including those of federal and provincial jurisdiction. From humble beginnings as an opaque body subject to being overruled by the British Privy Council, the court now has the final judicial say on a broad range of contentious legal and social issues, ranging from the availability of abortion to the constitutionality of capital punishment and assisted suicide.

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It is the final arbiter of law in a court system based primarily on common law using judicial precedent and on respect for the rule of stare decisis — the notion that courts of appeal may modify or overturn lower court decisions, to ensure there is uniform application of the law.

The judgments of appeal courts — called appellate decisions — are binding in the future on lower courts. This principle of upholding prior judgments lies at the heart of the judicial system.

Creation of the Court The Supreme Court did not come into being until nearly a decade after Confederation. Macdonald in and to set up a general court of appeal were opposed by many Liberal and Conservative members of Parliamentsome of whom feared that the new court might infringe on provincial rights.

Finally, on 8 Aprilthe Liberal government of Prime Minister Alexander Mackenzie persuaded Parliament to pass a bill establishing the Supreme Court, arguing that it was needed in order to standardize Canadian law and to provide constitutional interpretations on issues that would affect the evolution of the new federation.

Alexander Mackenzie was Canada's second prime minister. The court originally sat in the Railway Committee Room of the Parliament buildingsthen in a series of other Ottawa locations, before finally moving into its current permanent quarters on Wellington Street in After its creation, decisions of the Supreme Court could be appealed for final interpretation to the Judicial Committee of the Privy Council in Britain.

Many rulings were appealed to London, where the Judicial Committee of the Privy Council established a certain balance between federal and provincial legislative responsibilities.

Critics of Judicial Committee judgments argued that they favoured the provinces and amounted to legal sleight of hand. The Supreme Court also tended to interpret the British North America Act very literally, while the Judicial Committee tended to take socio-political considerations into account.

Bill of Rights and Patriation Appeals to the Judicial Committee were abolished for criminal cases in and for civil cases in Meanwhile, the Supreme Court faced increasingly divisive questions at this time on issues such as religious freedoms, police procedures and censorship.

However, it had few tools, such as case law or legislative statutes, by which to guide its decisions. The Supreme Court gave the Bill of Rights a broad interpretation in some early cases.

The controversial subject of young offenders act in canada

However, the justices soon abandoned the promise of the Bill of Rights. Although it was legislation passed by Parliament, it lacked the supreme authority of being entrenched within the Constitution.

Legal scholars — including a young then-minister of justice, Pierre Trudeau — recognized that the court would only tailor laws or strike down legislation according to human rights that were constitutional in nature.

A 7—2 majority of justices held that Parliament did have the legal right to act unilaterally. But on a second question, a 6—3 majority held that unilateral federal action — without substantial provincial support for constitutional change — would nonetheless contravene a long-standing convention.

Through a series of negotiations and machinations with the provinces, the Constitution was patriated in due course and the Canadian Charter of Rights and Freedoms was added — entrenching certain human rights within the Constitution and forever changing the face of Canadian court rulings, or jurisprudence.

From that moment, all eyes turned to cases decided in the lower courts, as they were gradually appealed up the judicial ladder to the Supreme Court.

The Supreme Court justices immediately warmed to the task of using the Charter — this powerful new judicial tool — to modernize criminal law and issue broad interpretations of human rights.

Nine Justices The Supreme Court bench is comprised of a chief justice and eight other judges who are appointed by the governor-in-council governor generaladvised by the federal cabinet.

The controversial subject of young offenders act in canada

Members may be selected from among provincial superior court judges or from among lawyers who have belonged to a provincial bar for at least 10 years. The court room, showing the nine-seat bench, of the Supreme Court of Canada.

These geographic considerations have been adhered to for so long that they are deemed almost unbreakable.

Summary of the Final Report of the Truth and Reconciliation Commission of Canada

There is also a less rigid expectation that Atlantic Canada and the Prairies will, when possible, see their 'seat' on the court rotated between the provinces in those regions.

Most Supreme Court judges are elevated from a provincial court of appeal, where they have sat on appeals, learned the art of operating in a collegial environment and reached decisions in groups of three. The spectrum of experience on the bench is an important consideration.JSTOR is a digital library of academic journals, books, and primary sources.

The Supreme Court of Canada is the court of last resort for all legal issues in Canada, including those of federal and provincial jurisdiction. From humble beginnings as an opaque body subject to being overruled by the British Privy Council, the court now has the final judicial say on a broad range.

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Honouring the Truth, Reconciling for the Future Summary of the Final Report of the Truth and Reconciliation Commission of Canada. This web version of the Report is an unofficial plain-text extract of the original(PDF, 14MB) published by the The Truth and Reconciliation Commission of Canada..

YOUNG OFFENDERS

It is aimed at making the Report more accessible. The Young Offenders Act of and the current Youth Criminal Justice Act, unlike the Juvenile Delinquents Act of , focus on the responsibility of young persons for consequences of their behaviour..

Criminal Code of Canada and the Canada Evidence Act. subject to section 54, order the young person to compensate any person in kind or. This article reviews some of the recent political rhetoric and public opinion on the controversial subject of youth crime and how to deal with it, particularly the Young Offenders Act of and the new Youth Criminal Justice Act of , from a social constructionist perspective.

Recent controversy over youth crime and justice is nothing new, reflecting differing views about the causes of.

YOUNG OFFENDERS (BRITISH COLUMBIA) ACT