Resolution - 2008.06
Revision of the Youth Criminal Justice Act

Submitted by: Nova Scotia Provincial Council

Whereas, The Youth Criminal Justice Act, a federal statute intended to guide the judiciary across Canada in dealing with youth aged 12 to 17 who are in conflict with the law, needs to be revised in order to provide judges and those who administer the law with additional direction for dealing with young offenders, especially repeat offenders; and

Whereas, The Nunn Commission of Inquiry report Spiralling Out of Control: Lessons Learned From a Boy in Trouble presents specific recommendations to address weaknesses of the Youth Criminal Justice Act; therefore be it

Resolved, That the national council of The Catholic Women's League of Canada, in 88th annual national convention assembled, urge the federal government to revise the Youth Criminal Justice Act by implementing recommendations 11 and 20 to 25 of the Nunn Commission of Inquiry report Spiralling Out of Control: Lessons Learned From a Boy in Trouble.



BRIEF: Revision to the Youth Criminal Justice Act

The focus of the Youth Criminal Justice Act is twofold: to reduce the number of young persons in custody and to rehabilitate young persons who have committed an offence. The Act needs to be revised in order to provide judges and those who administer the law with additional direction and more time when dealing with young offenders, especially those who are repeat offenders.

On June 29, 2005, The Honourable D. Merlin Nunn, retired justice of the Supreme Court of Nova Scotia, was appointed to inquire, report and make recommendations after reviewing the specific case of a youth who had committed 27 offences and was never detained. The boy killed an innocent person while driving a stolen car at high speed. The report, entitled Spiralling Out of Control: Lessons Learned From a Boy in Trouble, highlights the weaknesses in the youth justice system and in the Youth Criminal Justice Act and makes 34 recommendations for improving the justice system's ability to deal with youth at risk.

The seven recommendations that specifically address the weaknesses of the Youth Criminal Justice Act should be adopted by the federal government:

  • #11 remove time limits for sentencing a young person to a community program like an attendance centre (p. 208)
  • #20 make protection of the public one of the primary goals (p. 236)
  • #21 amend the definition of ?violent offence? to include ?conduct that endangers or is likely to endanger the life or safety of another person? (p. 243)
  • #22 change ?pattern of findings of guilt? to ?pattern of offences? (p. 243)
  • #23 simplify the rules around pre-trial detention (p. 245)
  • #24 require youth to continue court-ordered behaviour, even after a ?responsible person? is relieved of obligations under a responsible person's undertaking (p. 248)
  • #25 remove the need for a new bail hearing if the responsible person previously designated to supervise the youth outside of custody is no longer providing supervision (p. 248)

These revisions to the Youth Criminal Justice Act will better protect the public. They will also allow those who administer the law to direct youth at risk to the services required. While Bill C-25 An Act to amend the Youth Criminal Justice Actis currently before the House of Commons, this bill does not include all the pertinent recommendations of the Nunn Inquiry and thus does not adequately protect the public.

REFERENCES

Clarke, Cecil P. Background Materials. http://fixyouthcrime.com/back.asp.

Government of Canada. Youth Criminal Justice Act (2002), c. 1. http://laws.justice.gc.ca/en/Y-1.5/index.html.

Government of Canada, Department of Justice. Bill C-25 An Act to amend the Youth Criminal Justice Act. http://www2.parl.gc.ca/HousePublications/Publication.aspx?Docid=3114354&file=4.

Government of Canada, Department of Justice. Proposed Amendments to the Youth Criminal Justice Act. (Newsroom backgrounder.) November 2007. http://www.justice.gc.ca/eng/news-nouv/nr-cp/2007/doc_32173.html.

Nunn, D. Merlin, Spiralling Out of Control: Lessons Learned from a Boy in Trouble: report of the Nunn Commission of Inquiry. Nova Scotia: The Commission, 2006.


Requested Members' Action:

  • Write letters to government urging the revisions to the Youth Criminal Justice Act, specifically implementation of recommendations 11 and 20-25 of The Nunn Commission of Inquiry report, Spiralling Out of Control: Lessons Learned From a Boy in Trouble. Send to the federal government including the prime minister, the minister of justice and the local member of parliament.
  • Invite speakers from the local police and other organizations that deal with youth at risk to speak concerning youth crime, its causes and effects.
  • Promote and support ongoing programs for youth at risk locally.
  • Monitor new developments that help youth at risk particularly preventive activities.

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