The Youth Criminal Justice Act was
established April 1, 2003 and is the law that governs Canada’s youth justice
system. It applies to youth who are at
least 12 years of age to under 18 years of age, who have allegedly committed criminal offences.
The
preamble/declaration states, among other things that "communities and families should work in
partnership with others to prevent youth crime by addressing its underlying
causes, responding to the needs of young persons and providing guidance and
support".
Additionally, the "the youth justice system should take into account the
interests of victims and ensure accountability through meaningful consequences,
rehabilitation and reintegration".
And the part that I really like, is that
the Youth Criminal Justice Act is a “system that is intended to protect the
public by (i) holding young persons accountable through measures that are
proportionate to the seriousness of the offence and the degree of
responsibility of the young person, (ii) promoting the rehabilitation and
reintegration of young persons, and (iii) supporting crime prevention by
referring young persons to programs......"
Canada’s youth
justice system is restorative in nature.
I get that. It further guarantees
the rights and freedoms of young people, including those set out in the United
Nations Convention on the Rights of the Child, another area that Canada is woefully
lacking in.
Now let’s turn
to that house party in November of 2011 where a 15 year old girl had too much
to drink. It resulted in a photo of her
vomiting out of a window while a young boy violated her from behind. Let’s talk about how she was bullied and
shamed, and how she turned to self-harming as a result of that photo
circulating. AND let’s talk about how no one took notice until she attempted to
take her own life 18 months after that sexual assault. She died on April 7, 2013, as a victim that
still needs to be protected.
Let’s talk
about Rehtaeh Parsons, a name that Canada’s youth justice system is trying to
get us to forget as a result of one of this country’s highest profiled child
pornography case stemming out of Halifax - a judge ordered publication ban for
the purpose of protecting the “victim”.
The time to have protected this victim was when she came forward with
the allegations.
The young lad
who took the photo when he was 17 years old (who is now 20 years old) pleaded
guilty to one of the most heinous crimes - Child Pornography. His sentence is a “conditional discharge”,
which means that as long as he behaves for the next 12 months and meets the
conditions imposed by the Judge, he walks away a free man.
The media may
have been ordered not to use the name of Rehtaeh Parsons, but I wasn’t. AND now I need to ask – was there “accountability
through meaningful consequences” established here? Did Rehtaeh receive justice, or has the Youth Criminal Justice Act just
empowered young boys to violate young women knowing that they will be able to
walk out of the courtroom without substantial consequences?
Lastly – does unjust
law exist?
