Canada Kicks Ass
Should the Young Offenders Act be scrapped?

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Motorcycleboy @ Wed May 03, 2006 2:15 pm

Dayseed Dayseed:
Are the stronger provisions IN the YCJA being enforced by Crown and Judge?


I think they are, but I don't think the provisions are strong enough to begin with.

The original draft of the YCJA had some teeth, and was designed to toughen the much despised Young Offender's Act. Unfortunately, it was watered down under pressure from the Bloc and the Quebec Caucus of the Liberals who thought it was too tough. As usual, the sensibilities of Le Quebecois were at odds with their English Canadian counterparts who were generally of the "Hang-em-High" school of thought.

While the YCJA has several positive aspects, such as the diversionary programs for minor or first time offenders, it's still too weak when dealing with hardened, repeat, violent YO's.

   



Dayseed @ Wed May 03, 2006 3:21 pm

MCB,

Somebody check the temperature of hell, I agree with MCB. I thought the alternative measures aspect was a fantastic one for first time offenders and what not. I'm a big proponent of sentencing circle type programs. It brings home the actual consequences of a crime to the YO who volunteer themselves to hear it.

But, I don't think that urban judges are too apt to hand down creative alternative measures to recidivist YOs. In terms of the violent crimes, incarceration plus the rehabilitative measures by psychologists should be the order of the day. However, if you're a cop as you claim to be, aren't there a couple of little punks you would love to see put in stockades in a mall with a sign hanging around their neck announcing their repeat (non-violent) crimes? Mischief, theft, b&e's, that sort of thing? Give a shoplifter one chance to right themselves of their "youthful indescretion" and then it's show time.

THAT is the alternative sentencing not being afforded to the public. While I agree that protecting the identities of a first-time YO is a good idea, absolving them of the stigma, it should only, ONLY be for the first offence. Of any type. That's what the YCJA needs amended and a Crown will HAVE to fight inevitable S.12 of the Charter challenge.

   



Dayseed @ Wed May 03, 2006 3:23 pm

That last sentence is confusing. The S.12 challenges to the punishment, not name releasing, (although some crafty defence lawyer would probably go that route too...)

   



Motorcycleboy @ Wed May 03, 2006 4:15 pm

It's true the planets must be aligned as I don't see a great deal of disagreement on this subject between Dayseed and myself.

My example of "violent" YO's was probably a little too specific. I should have used a word like "serious."

While I would like to see harsher sentences for violent YO's (and by that I mean kids who bash or rob others, not a 16 year old who gets charged over a schoolyard fight), I would also like to see them for those who commit more serious property crimes.

Kids who commit a residential B&E deserve to be hit hard for it. Anyone whose ever come home from work to find their home violated and belongings pilfered would agree. Violating a person's home, unlike shoplifting or vandalizing a bus shelter, has a dramatic effect on a person's sense of safety and well being.

The same goes for stealing cars. Many think a stolen car is no big deal, but it's not the same as stealing a DVD player. A DVD player can't be used as a tool to commit other crimes, and it doesn't become a one-ton, steel and glass missile hurdling through red-lights at 100 km/h in the hands of a 16 year old YO, as a stolen mini-van can.

   



fatbasturd @ Fri May 05, 2006 3:12 am

Can I be a henchman [hockey]

   



Donny_Brasco @ Fri May 05, 2006 6:47 am

WDHIII WDHIII:
we had one kid here in calgary that had stolen over 30 cars......


So you have one kid there, we had one kid here too...

I bet Winnipeg and Toronto may have a kid or two that slips through the system like that too.


But for the thousands of kids who slip up (once or twice) and then never do it again, the system is working well.

There is no plague of children committing massive amounts of crime.

There are one or two bad eggs that make the papers and make you weak stomached folks scream "The sky is falling".

The sky is not falling. You will never create a system that meets the needs of every single person and every single situation.

Build a park; build a playground or a basketball court. You will be amazed at what children will do when you build them a place to play; they will PLAY.

You want to build them a youth incarceration facility instead?

   



PJB @ Fri May 05, 2006 7:51 am

Donny..I totally agree with you about most kids being relatively normal and respectful. There will never be a system that makes everyone happy.

We should spend our tax dollars on parks and playgrounds and education about drugs and crime. If we get to these kids early enough there is hope but if we would rather ignore the roots of the problem and build more incarceration facilities the problem will continue to grow.

   



NetAbuser @ Fri May 05, 2006 8:09 am

If they do BIG CRIMES they should do BIG TIME !!!!

   



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