Criminal Code of Canada - section 487.04 - Definition of Young Offenders Act

section 487.04

INTRODUCTION AND BRIEF DESCRIPTION

This section provides a definition for the term Young Offenders Act in relation to this part of the Criminal Code.

SECTION WORDING

487.04 In this part, "Young Offenders Act" means chapter Y-1 of the Revised Statutes of Canada, 1985.

EXPLANATION

Section 487.04 is a definition section within the Criminal Code of Canada, specifically in Part XXVII. This part of the Code pertains to the gathering and use of evidence in criminal investigations. The definition provided in this section is for the Young Offenders Act" (YOA), which was a federal law in Canada that governed youth criminal justice. However, the YOA was repealed in 2003 and replaced by the Youth Criminal Justice Act. Despite the repeal of the YOA, this definition is still relevant as it may be referenced in older cases or documentation that predate the new legislation. This section serves as a means for lawyers, judges, and other legal professionals to understand the terminology used in previous versions of the law and how it was applied during that time. It also serves as a reminder of the importance of staying current with the legal framework and how it applies in the context of youth criminal justice. In summary, section 487.04 is a definition section that provides the meaning of the Young Offenders Act in the context of the Criminal Code of Canada. While the YOA has since been repealed, this section serves as a historical reference point for understanding how the law was previously applied.

COMMENTARY

Section 487.04 of the Criminal Code of Canada is a relatively short section but has significant implications in the legal system of Canada. It defines the term 'Young Offenders Act' as chapter Y-1 of the Revised Statutes of Canada, 1985. The Young Offenders Act (YOA) was repealed in 2003 with the introduction of the Youth Criminal Justice Act (YCJA), which resulted in significant changes to the way young people are dealt with in the criminal justice system. The YOA and the YCJA are both designed to deal with young people who commit offences. The YOA established a separate system of justice for young offenders, recognizing that young people often offend for different reasons than adults and that they should be treated differently. The YCJA also acknowledges this difference and provides for a more restorative approach to justice, taking into account the age and level of maturity of the young offender. The YCJA aims to balance the interests of society and the rights of young offenders by providing for a range of measures designed to address the underlying causes of youth crime (such as poverty, addiction, and mental illness) while still holding young offenders accountable for their actions. These measures include extrajudicial measures, such as police warnings and referrals to community programs, and judicial measures, such as probation and custody in a youth justice facility. Although the YOA was replaced with the YCJA, section 487.04 remains relevant because it serves as a reminder of the importance of recognizing the differences between young offenders and adult offenders. It highlights the need for a separate system of justice for young people and emphasizes the importance of dealing with youth crime in a way that takes into account the unique circumstances of young offenders. Overall, section 487.04 of the Criminal Code of Canada is a brief but important provision that recognizes the significance of the Young Offenders Act and the need to deal with young offenders differently than adult offenders. It serves as a reminder of the importance of restorative justice and the need to address the underlying causes of youth crime, rather than simply punishing young offenders. In this way, the provision is an important step towards building a justice system that is fair, just, and effective for all Canadians.

STRATEGY

Section 487.04 of the Criminal Code of Canada is an important provision for any person or organization that may be involved in criminal investigations or prosecutions. This section sets out the definition of the Young Offenders Act, which is a piece of legislation that deals with the criminal justice system's handling of youth offenders. Strategic Considerations When dealing with section 487.04 of the Criminal Code of Canada, there are several strategic considerations that must be taken into account. Some of these considerations are as follows: 1. Age of the Offenders: The Young Offenders Act applies to offenders who are under the age of 18. This means that the age of the offender must be determined before proceeding with any investigation or prosecution. 2. Jurisdiction: The Young Offenders Act is a federal piece of legislation, but it is enforced by provincial and territorial courts. This means that jurisdiction must be considered before proceeding with any investigation or prosecution. 3. Rehabilitation: The Young Offenders Act places a significant emphasis on rehabilitation as a means of addressing youth crime. This means that any investigation or prosecution must take into account the potential for rehabilitation and the need to address any underlying issues that may have contributed to the behaviour of the youth offender. 4. Privacy: The Young Offenders Act contains provisions that protect the privacy of youth offenders. This means that any investigation or prosecution must be conducted in a manner that respects the privacy rights of the youth. 5. Public Interest: The Young Offenders Act also requires that the public interest be considered when dealing with youth offenders. This means that any investigation or prosecution must take into account the potential impact on the public interest and whether the behaviour of the youth offender is a threat to public safety. Strategies In order to effectively deal with section 487.04 of the Criminal Code of Canada, there are several strategies that can be employed. Some of these strategies are as follows: 1. Collaboration: Collaboration between law enforcement agencies, social workers, and other professionals can help to address the underlying issues that may have contributed to the behaviour of youth offenders. 2. Restorative Justice: Restorative justice can be an effective means of addressing the harm caused by youth offenders. This approach involves bringing together the offender, the victim, and other stakeholders in the community in order to achieve resolution and repair harm. 3. Diversion: Diversion programs can be an effective means of addressing youth crime while also avoiding the need for formal prosecution. These programs can include counselling, community service, and other interventions that help youth offenders address the underlying issues that may have contributed to their behaviour. 4. Rehabilitation: Rehabilitation programs can be an effective means of addressing the root causes of youth crime. These programs can include counselling, addiction treatment, education, and vocational training. 5. Community Outreach: Community outreach and education programs can help to address the root causes of youth crime by empowering youth and providing them with positive role models and opportunities for personal growth. In conclusion, section 487.04 of the Criminal Code of Canada is an important provision that must be taken into account when dealing with youth offenders. By considering the strategic considerations and employing effective strategies, law enforcement agencies and other professionals can work together to effectively address youth crime and promote public safety.