Officially passed in Parliament in 1984, the Young Offender’s Act was the final say in the rights of all criminal offenders of the ages 12-17. Most children under the age of twelve are not held responsible for crimes they may commit–any one over 18 is considered an adult and tried according to the Criminal Code of Canada. The Canadian government managed to agree that young children and teens have special needs that the Criminal Code couldn’t provide for. The YOA provides more opportunities for rehabilitation, with less of the repercussions that usually come hand-in-hand with criminal activity. (All About Law 237-253)

Before the YOA was passed, youth were often thrown into the same class as hardened criminals (unless they could be placed under the Juvenile Delinquency Act), with very few extra rights afforded to them. The Young Offender’s Act includes provisions for all children, with special regard for their age, maturity, and the severity of their crime. Extra rights provided for young offenders include :

The young person under 56(2)(c) must be given a reasonable opportunity to consult with a parent and/or a lawyer prior to the taking of any statement. "Consult" means far more than a telephone call, or a "talk to". A young person is entitled to privacy, face to face conversation, quality advice, and reasonable time. A young person may consult both a parent and a lawyer, on the telephone or in person, as the adolescent wishes. Under s. 56(2)(d) any person so consulted, must be present during the taking of the oral, handwritten, typed, or videotaped confession. A young person who clearly understands what he or she is giving up may waive the requirements of s. 56(2)(c) and (d). Any such waiver must however be in writing or videotaped (Internet).

This is so that a young offender is aware of their rights, and are given full access to adults that would help them understand more fully how to deal with the situation. Other rights also include :

When you are arrested, the police must immediately tell you the following:

1. You do not have to say anything or answer any questions; 2. Anything you do say can be used as evidence in court, whether or not you say it in writing; 3. You may speak to a lawyer and a parent or other adult before you say anything; and, 4. The lawyer or an adult must be with you when you make a statement to police, unless you choose not to have an adult with you, or you decide not to answer any police questions. (Internet

Besides these extra rights, all young offenders are also given the full rights that come with the Canadian Charter of Rights and Freedoms.

Some critics of the Young Offender’s Act believe that the act is too lenient. They feel that with the new restrictions placed on the legal system, the offender gets away with far too much. They think that the youth involved in the criminal activity are capable of manipulating the system to eradicate their past. Also, that the violence is escalating beyond the YOA’s control. The Alberta Report, Vol 23, gives a good example of this:

In January 1994, a 13-year-old boy shot his neighbors, businessman John Jarvis and his wife, Reta, as they came to the front door of their Whitehead, N.S., home. The shotgun blast killed Jarvis and left his wife with shrapnel lodged in her head and her face partially paralyzed. The boy later explained in court he was angry because his father had refused to buy him some chewing tobacco. He said he had decided only two minutes before the crime that he would shoot the first person in the neighborhood who answered the doorbell–Mr. And Mrs. Jarvis were just unlucky that day.

Violence of this magnitude is not given the proper punishment it deserves, simply because the offenders were teens. These critics also believe that the lowest age should be lowered to 10 or even back to the original age of 7, and that the age of being tried as an adult should be lowered to 16. Some of their fears may not be entirely baseless. Sixteen and 17 year-olds who commit adult crimes are not automatically tried as adults, even for murder, aggravated sexual assault, manslaughter and attempted murder there is no guarantee that youths will be sentenced as an adult. Even on the third rape charge, there is no guarantee of an adult sentence; mandatory jail time is not required for youths convicted of an offence involving a weapon. The Canadian government believes that by handing these rights out, they are protecting their children. But they do not seem to realize that they are also endangering our society.

However, the Young Offender’s Act is a good, important piece of legislation. It protects juveniles from those that would take advantage of them, and it provides plenty of chances for rehabilitation–chances to start fresh. Without this, many adolescents would find problems with work, school, and personal relationships simply because of one wrong choice, one bad move. YOA is in place to protect the innocent and to help reclaim lost children. It simply cannot accomplish that, and still dispense full justice to those that deserve it the most.

Some of the punishments included in the Young Offender’s Act involve open and secure custody. Open custody is being on parole, in a foster home, and/or camps designed to deal with offenders in groups. Secure custody is being placed in a penitentiary with other troubled youth, but this is often used as a last resort only. If a young offender can at all be recovered, then the Canadian justice system will do everything in it’s power to do so (All About Law 237-254).

Canada is one of the best countries in the world to live in. We attempt fairness and equality for all. The Young Offender’s Act is an excellent example of that. Despite everything our government tries, however, it is never quite good enough. Critics of the YOA would agree heartily with that. Nevertheless, through the YOA, our youth are protected from themselves, and adults that might take advantage of them. Our rights are covered, and if they aren’t quite strict enough on crime, at least they are there

Works Cited

The Law Society of Upper Canada. “Teenagers & Criminal Law.” Online. Internet. October 25, 2000. Available: http://www.Isuc.on.ca/public/criminal_teenagers_en.shtml.

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User Comments

puddlejumper97 2002-02-18 05:00AM
	I'm very greatful to the author of this essay as I have been in limbo with regards to information on this topic. Thank you for your assisstance as it is greatly appreciated. ---------------------

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