INTRODUCTION AND BRIEF DESCRIPTION
This section establishes that if a young offender receives a disposition or youth sentence while already serving under a sentence of imprisonment, it will be treated as if it had been imposed under the Youth Criminal Justice Act.
SECTION WORDING
743.5(2) If a disposition is made under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, with respect to a person or a youth sentence is imposed on a person under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act while the young person or adult is under sentence of imprisonment imposed under an Act of Parliament other than the Youth Criminal Justice Act, the disposition or youth sentence shall be dealt with, for all purposes under this Act or any other Act of Parliament, as if it had been a sentence imposed under this Act.
EXPLANATION
Section 743.5(2) of the Criminal Code of Canada is a provision that lays out the legal consequences that follow when a person or youth is sentenced for an offense while already under sentence of imprisonment imposed under an Act of Parliament other than the Youth Criminal Justice Act. In such an event, if a disposition is made under paragraph 20(1)(k) or (k.1) of the Young Offenders Act or a youth sentence is imposed under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act, then such a disposition or sentence shall be dealt with as if it had been a sentence imposed under this Act. The purpose of this provision is to ensure that offenders do not receive more lenient sentences for their actions simply because they were already serving a sentence for a different offense. Rather, this provision ensures that the sentence imposed for the new offense is treated the same way as if it had been sentence under the Youth Criminal Justice Act. As a result, this section prevents offenders from exploiting the legal system by committing offenses while already serving a sentence for a different crime, and facing lighter punishment for their actions. Overall, the Criminal Code of Canada aims to protect the rights of all citizens while ensuring that justice is served in a fair and consistent manner.
COMMENTARY
Section 743.5(2) of the Criminal Code of Canada is a provision that deals with the sentencing of young offenders who are already under a sentence of imprisonment for another offence. The provision essentially ensures that young offenders who are under multiple sentences are not unfairly treated or disadvantaged in comparison to those who are only under one sentence. It ensures that the young offender is treated as if they had been sentenced under the Youth Criminal Justice Act (YCJA), regardless of the other sentence they may already be serving for another offence. The provision seems to be aimed at protecting the rights of young offenders under the YCJA, as it ensures that they receive the same treatment and protections under the law regardless of their previous offences. It also appears to be an attempt to prevent potential abuses of power or discretion by judges or other stakeholders in the justice system who may be inclined to impose harsher sentences on young offenders who are already serving other sentences. By mandating that the YCJA be the primary governing law for all young offenders, the provision helps to ensure that young people are not doubly penalized for their actions. At the same time, Section 743.5(2) raises potential issues related to the sentencing of young offenders in general. For some critics, the provision may be seen as overly lenient or permissive towards young offenders, allowing them to receive lighter sentences than they might otherwise deserve. However, the provision is part of a broader set of laws that reflect Canada's commitment to rehabilitation and restorative justice for all offenders, including young people. By prioritizing rehabilitation over punishment, the provision may actually help to reduce recidivism rates among young offenders and promote positive outcomes in the long run. Of course, there are also challenges associated with implementing Section 743.5(2) in practice. Ensuring that the provision is applied fairly and consistently across all cases of multiple sentencing may be difficult, especially if different judges and courts interpret the provision differently. Additionally, there may be some confusion or overlap between the YCJA and other Acts of Parliament, which could make it difficult for practitioners and stakeholders to understand how to apply the law in any given case. Overall, however, Section 743.5(2) of the Criminal Code of Canada is an important provision that reflects Canada's commitment to protecting the rights and promoting the welfare of young offenders. While there may be challenges associated with implementing the provision in practice, it appears to be a vital part of Canada's overall approach to criminal justice and youth justice in particular. By balancing the needs of the individual with the needs of society as a whole, Canada is able to create a more equitable and just system for all.
STRATEGY
Section 743.5(2) of the Criminal Code of Canada deals with the manner in which dispositions or youth sentences are to be dealt with when a person is under sentence of imprisonment imposed under an Act of Parliament other than the Youth Criminal Justice Act. This section has various strategic considerations that must be taken into account when dealing with it, particularly by defense lawyers and prosecutors. One primary consideration is advocating for a disposition or youth sentence that will allow the individual to serve their sentence for the crimes committed in a manner that is appropriate for their age and developmental stage. For example, an individual who is convicted of a crime when they are under the age of 18 should not be sentenced to adult prison, as this can have long-lasting negative impacts on their mental health, well-being, and future prospects. Legal practitioners should work to ensure that a disposition or youth sentence is appropriate for the individual's age and circumstances. Another strategic consideration is ensuring that the individual is fully informed of the implications of a disposition or youth sentence made under this section of the Criminal Code. This includes explaining to the individual how the disposition or youth sentence will be treated under relevant Acts of Parliament, such as whether it will appear on criminal record checks or can be used against them in subsequent legal proceedings. Legal practitioners must ensure that the individual fully understands the implications of the disposition or youth sentence, in order for them to make an informed decision about how to proceed. In some cases, legal practitioners may argue that a disposition or youth sentence made under this section should be treated differently for the purposes of sentencing or other legal proceedings. For example, they may argue that the disposition or youth sentence should not be considered when determining whether an individual is eligible for parole, or that it should not be admissible in a subsequent legal proceeding. It is important for legal practitioners to consider the full range of strategies available to them, in order to ensure that their clients are treated fairly and justly. Legal practitioners must also consider the potential consequences of the section for future clients. They must be aware of the ways in which the section can be used against their clients and develop strategies to mitigate these consequences. This can include developing legal arguments for why the section should not apply in a particular case or advocating for changes to the section to ensure that it is not unfairly applied in the future. In conclusion, strategic considerations when dealing with section 743.5(2) of the Criminal Code of Canada include advocating for a disposition or youth sentence appropriate for the individual's age and developmental stage, ensuring that the individual is fully informed of the implications of the disposition or youth sentence, developing legal arguments to mitigate the consequences of the section, and advocating for changes to the section to ensure that it is not unfairly applied. By taking into account these considerations, legal practitioners can ensure that their clients are treated fairly and justly in legal proceedings.