May 17, 2008
In a split decision handed down on May 16, the Supreme Court of Canada ruled that the Youth Criminal Justice Act’s designation of “presumptive offences” is unconstitutional. Consistent with the the judgment, the CBA believes that youths should not be presumptively transferred to the adult system, as they are best dealt with in the youth justice system except in the most egregious cases. The CBA perspective is also consistent with the UN Convention.
At the same time, the CBA sees no evidence of a youth crime epidemic. Any increase in criminal activities appears to be very slight, and may be explained by changes in the way that violent crime is defined.
The CBA applauded the Youth Criminal Justice Act for its focus on rehabilitation and reintegration, and noted the need for resources to ensure that the progressive steps in the Bill could achieve the intended objectives.
