INTRODUCTION AND BRIEF DESCRIPTION
This section clarifies the definition of provincial court judge as it relates to young persons in the Youth Criminal Justice Act.
SECTION WORDING
487.04 In this part, "provincial court judge", in relation to a young person, includes a youth justice court judge within the meaning of subsection 2(1) of the Youth Criminal Justice Act.
EXPLANATION
Section 487.04 of the Criminal Code of Canada is a provision that pertains to the definition of "provincial court judge" in relation to a young person who is a subject of the criminal justice system. It specifies that for purposes of this section, a "provincial court judge" shall include a youth justice court judge as defined in subsection 2(1) of the Youth Criminal Justice Act. The Youth Criminal Justice Act is a federal statute that sets out rules and procedures for dealing with young persons (12 to 17 years old) who are accused of committing criminal offenses. The Act aims to promote rehabilitation and reintegration of young offenders into society, while also ensuring public safety. Section 487.04 is part of the Criminal Code of Canada's provisions relating to search and seizure powers of police officers and other law enforcement officials. It allows a provincial court judge (which now includes a youth justice court judge) to issue a warrant authorizing a search or seizure of evidence in connection with an offense that a young person is alleged to have committed. The provision recognizes that young persons who come into contact with the criminal justice system require special considerations and protection. By including youth justice court judges within the definition of "provincial court judge," the provision ensures that search and seizure powers can be exercised in a manner consistent with the principles of the Youth Criminal Justice Act. It helps to balance the need to investigate and solve crimes with the protection of young offenders' rights and best interests.
COMMENTARY
Section 487.04 of the Criminal Code of Canada provides an important definition in relation to the treatment of young persons in the criminal justice system. This section clarifies that a "provincial court judge" for the purposes of this part of the Criminal Code includes a "youth justice court judge" as defined under the Youth Criminal Justice Act. The purpose of this section is to ensure that young persons are accorded their full rights and protections under the law when being dealt with by the criminal justice system. The Youth Criminal Justice Act creates a separate legal framework for young offenders in Canada, emphasizing rehabilitation and reintegration into society instead of punishment and incarceration. This reflects the recognition that young people often have different needs and challenges than adults when it comes to addressing criminal behaviour. By including youth justice court judges within the definition of provincial court judges, this section of the Criminal Code ensures that young persons are able to benefit from all the legal safeguards and protections that are available to them under the Youth Criminal Justice Act. This includes measures like diversion and extrajudicial sanctions, as well as access to specialized youth justice courts and programs focused on rehabilitation and addressing underlying social and mental health issues. It is important to note that while young persons do have special protections under the law, they are not immune from criminal responsibility. The Youth Criminal Justice Act recognizes that young persons should be held accountable for their actions, but that this accountability should take into account their age and level of maturity, as well as their unique social and cultural circumstances. Overall, section 487.04 plays an important role in ensuring that the criminal justice system treats young persons fairly and appropriately. By recognizing the unique needs and challenges of young offenders and providing them with tailored legal protections and programs, Canada has taken an important step towards creating a more effective and just criminal justice system.
STRATEGY
Section 487.04 of the Criminal Code of Canada is an important provision that provides clarity on the role of provincial court judges in youth criminal justice matters. Specifically, it outlines that a youth justice court judge is considered to be a provincial court judge in relation to young persons. This section is important because it seeks to ensure consistency and fairness in the application of the Youth Criminal Justice Act across the country. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that must be taken into account. First, it is important for all parties involved in the youth criminal justice system, including police officers, lawyers, and judges, to be aware of this provision so that they can act accordingly. This requires regular training and education on the relevant laws and procedures. Second, it is important to ensure that youth justice court judges have the necessary training and expertise to deal with young persons who are in conflict with the law. This includes knowledge of child and adolescent psychology, as well as an understanding of the unique needs and challenges faced by young persons in the justice system. Judges who lack this expertise may unintentionally harm young persons by imposing harsh penalties or failing to consider their best interests. Third, effective communication between all parties involved in youth criminal justice matters is essential to ensure that the system operates fairly and efficiently. This includes regular meetings between judges, lawyers, and police officers to discuss cases and share information. It also involves clear and concise communication with young persons and their families to ensure that they understand the legal proceedings and their rights. Finally, it is important to ensure that the principles of the Youth Criminal Justice Act are being adhered to in practice. This includes a focus on rehabilitation, integration, and prevention, as well as the use of extrajudicial measures and diversion programs where appropriate. Judges who are mindful of these principles, and who are willing to work creatively and collaboratively with all parties involved, can help to ensure that young persons receive the best possible outcomes from the justice system. To support these strategic considerations, several strategies could be employed. First, regular training and education could be provided to all parties involved in youth criminal justice matters to ensure that they are aware of the relevant laws and procedures. This could include online training modules, in-person workshops, and ongoing mentorship opportunities. Second, specialized training and professional development opportunities could be provided to youth justice court judges to ensure that they have the necessary expertise to deal with young persons. This could include training on child and adolescent psychology, restorative justice, and trauma-informed practices. Third, regular meetings and communication protocols could be established between judges, lawyers, and police officers to ensure that cases are handled efficiently and effectively. This could include regular case conferences, email updates, and a shared database of information. Finally, policies and procedures could be put in place to ensure that the principles of the Youth Criminal Justice Act are being adhered to in practice. This could include the establishment of diversion programs, the use of restorative justice practices, and the incorporation of community-based resources and supports into the justice system. In conclusion, Section 487.04 of the Criminal Code of Canada is an important provision that clarifies the role of provincial court judges in youth criminal justice matters. Strategic considerations when dealing with this section of the Criminal Code of Canada include regular training and education, specialized expertise and training for youth justice court judges, effective communication between all parties involved, and a focus on the principles of the Youth Criminal Justice Act in practice. By employing these strategies, the youth criminal justice system can be made more fair, efficient, and effective for young persons.