INTRODUCTION AND BRIEF DESCRIPTION
This section outlines that young offenders are not included in the definition of a person convicted or found not criminally responsible for a designated offense, unless they receive an adult sentence or are convicted in ordinary court.
SECTION WORDING
490.011(2) For the purpose of this section and sections 490.012 to 490.032, a person who is convicted of, or found not criminally responsible on account of mental disorder for, a designated offence does not include a young person (a) within the meaning of subsection 2(1) of the Youth Criminal Justice Act unless they are given an adult sentence within the meaning of that subsection for the offence; or (b) within the meaning of subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, unless they are convicted of the offence in ordinary court within the meaning of that subsection.
EXPLANATION
Section 490.011(2) of the Criminal Code of Canada clarifies, for the purposes of this section and related sections, that a person convicted of or found not criminally responsible for a designated offense does not include a young person. This means that the criminal justice system does not treat young people who commit offenses in the same way as adults. This section recognizes that young people are not fully developed and may not fully understand the consequences of their actions. As such, it sets out a different approach to dealing with youth crime than for adults. The Youth Criminal Justice Act (YCJA) governs the Canadian justice system's handling of young offenders, and this Act applies to all cases of young people who are charged with an offense. If a young person is given an adult sentence under the YCJA, they will be subject to adult sentencing provisions, which may include incarceration. However, the provision recognizes that a young person may be convicted in a youth court and not tried in a court for adults. Ultimately, the aim of this section is to take into account the unique circumstances and vulnerabilities of young people who become involved in the criminal justice system. It ensures that any system that deals with youth offenders should be sensitive and appropriate to their age.
COMMENTARY
Section 490.011(2) of the Criminal Code of Canada is an important provision as it exempts certain individuals from being considered as offenders for the purpose of this section and sections 490.012 to 490.032. This provision applies to young persons who have been found guilty of a designated offense or those who have been found not criminally responsible on account of mental disorder for the offense. Subsection (a) of the provision is applicable to individuals who fall within the definition of young persons according to the Youth Criminal Justice Act, unless they are sentenced as adults for the offense. The Youth Criminal Justice Act applies to individuals who are between 12 and 17 years old at the time when the offense is committed. It provides a separate legal framework for young persons who commit crimes, which is distinct from the adult criminal system. Young persons who are found guilty of a designated offense under the Youth Criminal Justice Act may be subject to a range of sentences, depending on the severity and nature of the offense. They may receive extrajudicial measures, which are alternatives to formal court proceedings, or a sentence that may include custody, supervision, or community service. However, if they are given an adult sentence, as defined by the act, they fall under the provisions of the adult criminal system for the purpose of this section and sections 490.012 to 490.032. Subsection (b) of the provision is applicable to young persons who fall under the definition of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985. The Young Offenders Act was the predecessor to the Youth Criminal Justice Act and was applicable to individuals between 12 and 17 years old who were convicted of offenses in ordinary court. In order for young persons who fall under the definition of the Young Offenders Act to be considered as offenders under this section, they must be convicted of the offense in ordinary court. This means that they must be tried and sentenced in regular court proceedings, as opposed to specialized youth courts. The purpose of Section 490.011(2) of the Criminal Code of Canada is to ensure that young persons who fall under the definition of the Youth Criminal Justice Act or the Young Offenders Act are not subject to the same provisions as adult offenders for the purpose of this section and sections 490.012 to 490.032. This is because young persons have different needs and developmental considerations than adults, and therefore require a separate legal framework. In conclusion, Section 490.011(2) of the Criminal Code of Canada is an important provision that exempts young persons who have been found guilty of a designated offense or those who have been found not criminally responsible on account of mental disorder for the offense from being considered as offenders for the purpose of this section and sections 490.012 to 490.032. This provision recognizes the unique needs and developmental considerations of young persons and ensures that they are subject to a separate legal framework.
STRATEGY
Section 490.011(2) of the Criminal Code of Canada is designed to provide specific provisions with respect to the treatment of young offenders when they are convicted of designated offenses. In Canada, young offenders are defined as individuals who are under the age of 18 at the time the offense was committed. This section of the Criminal Code seeks to facilitate the transfer of young offenders to the youth justice system rather than the adult justice system. This section is an important consideration for legal professionals who deal with both youth and adult criminal law. One of the most important strategic considerations to make when dealing with this section is to ensure that the young offender is treated fairly and in accordance with the principles of the Youth Criminal Justice Act (YCJA). Legal professionals may need to ensure that young offenders who commit designated offenses are not transferred automatically to the adult justice system without a thorough assessment of the individual circumstances. This may require advocating for the young offender during the legal process and presenting strong evidence to show that the transfer is not appropriate. Another strategic consideration is to ensure that young offenders have access to appropriate legal representation. The YCJA mandates that young offenders have access to a lawyer, and it is the responsibility of legal professionals to ensure that this right is upheld. In some cases, legal professionals may need to act as advocates for young offenders who may not be receiving the appropriate legal representation. Advocating for the provision of legal aid may be necessary to ensure that young offenders have access to the resources they need to mount a strong defense. Legal professionals may also need to consider the potential consequences of a transfer to the adult justice system. Transferring a young offender to the adult justice system can have significant negative consequences, both in terms of their immediate well-being and their future prospects. Legal professionals may need to consider the potential impact on the individual's education, employment prospects, and overall quality of life. They may also need to consider the potential impact on the individual's mental health, as well as the potential impact on family members. Strategies that could be employed when dealing with this section of the Criminal Code include conducting a detailed assessment of the young offender's individual circumstances and presenting strong evidence to support the case for keeping the offender in the youth justice system. Legal professionals may also need to advocate for the individual's rights and ensure that they have access to appropriate legal representation. In some cases, it may be necessary to work collaboratively with social workers, psychologists, and other professionals to provide support to the young offender and advocate for their best interests. In conclusion, Section 490.011(2) of the Criminal Code of Canada is an important consideration for legal professionals who deal with both youth and adult criminal law. Strategic considerations may include ensuring that young offenders are treated fairly, advocating for the provision of legal aid, and considering the potential impact on the individual's well-being. Strategies that could be employed include conducting a detailed assessment of the individual's circumstances, advocating for the individual's rights, and working collaboratively with other professionals to provide support to the young offender. Ultimately, the goal is to ensure that the young offender is given every opportunity to receive appropriate treatment and support, and to minimize the negative consequences of their actions.