캐나다 소년사법과 회복적 사법

Abstract

Youth or juvenile crime is a controversial issue in Canadian politics. While the fact that youth crime is quite common in Canada is lamentable, there are disagreements concerning how to treat youths in the criminal system. The controversy centres on the best approach taken to address youth offenders and the severity of punishment that should be given. This article provides a historical overview of Canadian approaches to youth justice. It outlines several stages of Canadian legislation, including the 1908 Juvenile Delinquents Act, the 1982 Young Offenders Act, and the 2003 Youth Criminal Justice Act. In 1982, Parliament passed the Young Offenders Act (YOA). Effective beginning in 1984, the Young Offenders Act replaced the most recent version of the Juvenile Delinquents Act. The Young Offenders Act’s purpose was to shift from a social welfare approach to making youth take responsibility for their actions. It also addressed concerns that the paternalistic treatment of children under the JDA did not conform to Canadian human rights legislation. Since its introduction, the Youth Criminal Justice Act has received both praise and criticism. The Act has been successful in significantly reducing rates of incarceration among youths, especially for those who have committed less serious offences. Instead, there has been an increase in the number of youths being sentenced to supervision in the community, as well as deferred custody orders, in which a young person can avoid incarceration by showing good behaviour. Moreover, there has been a greater emphasis placed on extrajudicial measures, such as referral to restorative justice agencies, where the offender must face his/her victim and the victim's family. For some, these trends are positive, as they move away from an approach to youth justice in which imprisonment is viewed as an effective means of addressing youth delinquency, and towards one which embraces alternative forms of dealing with youths in order to teach responsibility and respect for others. However, for those that view incarceration as a just and beneficial means of punishing young offenders, such trends may be disappointing. It is important to note, however, that the Act does maintain stiff sentencing, including long-term incarceration, for youths that have committed serious offences, such as murder.