The system only applies to laws passed by the federal government. The most important of these are the criminal and drug laws. These are examples of offences that are covered by provincial laws not federal laws.
Each province will make sure there are still consequences for young people who commit these offences, but they will not be handled under the YCJA. The YCJA does not apply to truancy absence from school without a good reason , unless you break a probation or bail order that has a condition that you must attend school.
If you are under the legal age for leaving school, most provinces will have some consequences for your truancy. For example, you may have to see a counsellor and you might be taken to court under provincial law.
The Youth Criminal Justice Act YCJA provides unique rights and procedures for young people between the ages of 12 - 17 who are charged with a criminal offence in Canada.
Going to school is a legal requirement for young people between the ages of 6 and The Education Act gives parents and children specific rights in the publicly funded school system. In Ontario, you can choose where you live when you are 16 years old.
The decision to leave is often not easy and can lead to difficulties in getting all your belongings, having enough money to support yourself and attending school. For example, if someone robs a bank, they have committed the crime of robbery, which is an offence under the Criminal Code of Canada. If a person is 12 to 17 years old and is charged with a crime, the Youth Criminal Justice Act applies.
The law applies to youth between the ages of 12 and A child under the age of 12 cannot be charged with a crime. At age 18, a person is considered to be an adult in the eyes of the court and will go to trial in adult court.
The law in Canada says that it is important to think about keeping youth out of jail, especially if the offence is not serious. The law recognizes that youth are not as mature as adults. In some cases the police may give the youth a warning instead of arresting him or her. If the youth is arrested and found guilty of a criminal offence, the sentence must be fair for the crime committed.
The goal of the law is to prevent crime and help young people become responsible members of their communities. The law also wants youth involved in crime to understand the effect of their criminal acts.
Protection of the public is important. Learn more about the YCJA. A youth must have the opportunity to talk to a lawyer as soon as possible and at every step in the criminal process.
A judge will not allow a youth to plead guilty unless he or she understands the criminal charge, understands the options guilty or not guilty , and understands the fact that he or she might get a sentence. If a youth goes to court without a lawyer, a duty counsel lawyer paid by the government will be there to help. The Youth Justice Court a division of BC Provincial Court is for criminal cases for young people under the age of 18 when the alleged crime happened.
A judge listens to the evidence and decides if the youth is guilty or not guilty. If guilty, the judge also decides on a sentence. All Youth Justice Court cases are scheduled for a morning or afternoon hearing. The youth who has been charged with committing an offence waits until it is time for his or her case to be heard.
The charges against the youth are read out loud. Before deciding on the right sentence, the judge will ask for more information about the youth. At the trial, the Crown prosecutor will ask witnesses to say what they know about the crime.
The Crown prosecutor will ask questions. At the end of the trial, the judge will decide if the youth is guilty or not guilty. If the youth is not guilty, he or she is free to go. What rights and freedoms do youth have?
Youth have due process rights, including the right to be heard and participate in decisions that affect them. They also have the rights and freedoms under the Charter of Rights and Freedoms.
Are there any special considerations in respect of proceedings under the YCJA? What is rehabilitation? Rehabilitation addresses the problems that led the youth to commit the crime, so that he or she does not commit further offences. What is reintegration? Reintegration deals with the issue of how the youth can fit back into his or her community. What role do parents and victims play? Parents and victims are important. The previous principles focused heavily on the youth, but now the principles also focus equally on protecting the public.
The changes also provide more structure to ensure that youth are dealt with in similar ways for similar offences across Canada. The report was written about a Nova Scotia case in which a 16 year old with no criminal record but with a pattern of stealing cars, ran a red light in a stolen vehicle and killed a woman in the intersection.
The report asks the question: How could this have happened?
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