Archive for the ‘Youth and the Law’ Category

Using the Coercive Power of the State to Deal with Child Prostitution and Drug Abuse

Thursday, February 12th, 2009

Considered: Protection of Children Abusing Drugs Act, S.A. 2005, c. P-27.5;
Protection of Sexually Exploited Children Act, R.S.A. 2000, c. P-30.3PDF Version: Using the Coercive Power of the State to Deal with Child Prostitution and Drug Abuse

Canada’s laws dealing with problems experienced by children and youth seem to reflect a tension in philosophy between protecting children, and recognizing them as rights-holders who will soon be fully participating members of our society. This post seeks to set out the general procedures provided in these laws and to examine whether these laws actually are successful in using a protectionist coercive model to deal with two serious problems: prostitution and drug abuse by children and youth.

(more…)

Posted in Youth and the Law | No Comments »

Sentencing under the Youth Criminal Justice Act: Are Kids Really Getting Away with Murder?

Monday, October 27th, 2008

Cases Considered: R. v. T.W.T., 2008 ABCA 306; R. v. Williams, 2008 ABCA 317.

PDF Version:  Sentencing under the Youth Criminal Justice Act: Are Kids Really Getting Away with Murder?

The Youth Criminal Justice Act, S.C. 2002, c. 1 (YCJA), has been the subject of a great deal of comment and discussion in recent months. Critics argue that the legislation does not adequately respond to youth crime, and the Conservative government has proposed an overhaul of the Act (see http://www.conservative.ca/EN/1091/106115). In the spring, Justice Minister Rob Nicholson toured the country conducting roundtable discussions with stakeholders, seeking feedback on the need to tighten bail provisions and impose automatic adult sentences for youth found guilty of serious and violent crime and repeat offences.

(more…)

Posted in Criminal, Youth and the Law | 1 Comment »