Justice for young offenders

Summary: Canadian youth justice legislation has evolved considerably since the mid nineteenth century when the first criminal laws specific to young people were introduced. The Juvenile Delinquents Act of 1908 created a separate justice system for young people and was based on a philosophy of parens patriæ, which required the state to act as a surrogate parent when children were neglected or in need of guidance. The JDA was subject to sharp criticism in the 1960s for its failure to recognize the civil rights of young people. The JDA remained in force until 1984, when the Young Offenders Act replaced it. The YOA attempted to balance the due process rights and special needs of young offenders with the protection of society. The YOA was not effective in reducing youth crime, and led to an unprecedented use of incarceration for young offenders. After amendments were made to the YOA in 1986, 1992, and 1995, it became clear that the Act needed to be replaced. In 1996, the Standing Committee on Justice and Legal Affairs conducted a review of the state of youth justice in Canada. After their report was released in 1997, the government began their workings on the Youth Criminal Justice Act.