INTRODUCTION AND BRIEF DESCRIPTION
This section defines young person as stated in the Youth Criminal Justice Act or the Young Offenders Act.
SECTION WORDING
487.04 In this part, "young person" has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act or subsection 2(1) of the Young Offenders Act, as the case may be.
EXPLANATION
Section 487.04 of the Criminal Code of Canada is an important provision that defines the term "young person" in the context of Part XVII of the Code, which deals with search and seizure. Specifically, this section clarifies that the term "young person" refers to individuals who meet the definition provided in either the Youth Criminal Justice Act or the Young Offenders Act, depending on the relevant legislation in force at the time. This provision has important implications for law enforcement officials and the justice system as a whole, as it means that certain procedural safeguards and protections are in place for young persons who are subject to search and seizure under the Code. For example, if police officers are carrying out a search of a young person's home or property, they must comply with the specific requirements set out in the Youth Criminal Justice Act or Young Offenders Act, as applicable. This might include obtaining a warrant or consent from the young person or their guardian, as well as limiting the scope and duration of the search. In addition to defining the term "young person," section 487.04 highlights the importance of considerate and appropriate treatment of young people within the criminal justice system. By recognizing that young persons have unique legal rights and considerations, the section reinforces the principle of fair treatment and due process, which are central tenets of the Canadian justice system. Ultimately, the provision helps to ensure that the rights of young persons are respected and upheld when they come into contact with the law.
COMMENTARY
Section 487.04 of the Criminal Code of Canada defines the term "young person" as per the Youth Criminal Justice Act or the Young Offenders Act. This section is crucial in understanding how the law views and treats young people who violate the law or commit crimes. The Youth Criminal Justice Act (YCJA) was established in 2003, replacing the Young Offenders Act (YOA). The YCJA has a unique approach towards addressing criminal activity by young people, incorporating a balanced approach that ensures accountability for the wrongdoing while also ensuring rehabilitation and reintegration into society. The YCJA defines a young person as an individual who is between the ages of 12 and 17 years old. This definition, along with the requirements outlined in the Act, is what governs how young people are dealt with under the criminal justice system. As per the YCJA, young people who are accused of committing a crime are entitled to the same fundamental justice rights as adults, such as the right to legal counsel, the right to remain silent, and the right to a fair trial. Additionally, young people are expected to be held accountable for their actions in a manner that is appropriate for their level of maturity, understanding, and responsibility. The YCJA has specific guidelines on how a young person should be dealt with under the criminal justice system. It emphasizes rehabilitation and reintegration as opposed to punishment and incarceration. As such, the YCJA seeks to avoid imposing undue harm or stigmatization on the young person and instead focuses on addressing the root causes of their criminal behavior. Section 487.04 of the Criminal Code is significant in that it ensures that the law acknowledges and adheres to the principles and guidelines set forth in the YCJA. The section clarifies that the definition of a young person is consistent with the definition used in the YCJA or the YOA, depending on the timing of the offence. By defining "young person" as per the YCJA or the YOA, section 487.04 ensures that the law recognizes the unique needs, vulnerabilities, and circumstances of young people. This acknowledgment allows for more effective and appropriate interventions that take into account the young person's level of development and maturity. Moreover, section 487.04 acts as a reminder that the criminal justice system is not a one-size-fits-all approach, and that young people require specialized attention and a different approach for criminal activity. By acknowledging this, the law empowers those working within the criminal justice system to tailor responses that align with the principles of the YCJA. In conclusion, section 487.04 of the Criminal Code of Canada is a crucial section that defines the term "young person" and aligns it with the definition used in the Youth Criminal Justice Act or the Young Offenders Act. This section ensures that young people who violate the law are treated appropriately, and their unique needs and circumstances are acknowledged and taken into account. Ultimately, section 487.04 reinforces the principles of rehabilitation and reintegration that are fundamental to the Youth Criminal Justice Act.
STRATEGY
Section 487.04 of the Criminal Code of Canada defines the term "young person" and it plays a significant role in the criminal justice system of Canada. This section outlines critical considerations when dealing with young offenders. Here are some strategies that could be employed to ensure effective implementation of this section. First, it is crucial to understand the difference between the two pieces of legislation that are referred to in the definition of the term "young person." The Youth Criminal Justice Act replaced the Young Offenders Act in 2003. It is important to be aware of which legislation is applicable in a specific case, as they have different provisions and requirements. This information will determine how to proceed with the case and what measures are appropriate to employ. Second, the rights of the young person must be respected at all times. In Canada, young persons are entitled to special protections and adaptations in the criminal justice system. Therefore, young persons must be treated with dignity and their rights must be protected, including the right to counsel, privacy, and the right to be presumed innocent until proven guilty beyond a reasonable doubt. Third, it is important to take into consideration the safety of the community when dealing with young offenders. The protection of society is one of the primary objectives of the Youth Criminal Justice Act, and it is vital that the strategy chosen aligns with this objective. It may be necessary to impose strict conditions upon the offender or utilize a range of corrective measures to reduce the risk of recidivism. Fourth, rehabilitation should be a priority when dealing with young offenders. Putting a young person on a path towards rehabilitation and positive change can prevent future offenses. Therefore, it is necessary to take a holistic approach to the young person's life circumstances and determine the most suitable treatments and interventions, such as counseling, education, and vocational training. Fifth, communication and consultation with relevant parties such as the police, crown attorneys, defense counsels, parents or guardians of the young person, and the young person themselves, are critical. This ensures that everyone is on the same page and working towards the same objective, facilitating a positive outcome for the young person, the community, and the criminal justice system. Finally, due to the unique characteristics of young offenders, proactive involvement from community organizations, religious groups, and social service agencies is essential. These partnerships can provide additional resources for rehabilitation, and can offer supplementary guidance and support for the young person. In conclusion, section 487.04 of the Criminal Code of Canada provides a framework for dealing with young offenders. Strategic considerations and a collaborative effort with relevant parties are essential for achieving a positive outcome. Employing strategies that prioritize the rights of the young person, community safety, rehabilitation, communication, and collaboration with community organizations and social service agencies are critical elements. By doing so, we can ensure that the young person is well-supported and guided towards positive change, and that the community's safety is protected.