Canadian Criminal Justice Act (YCJA)

Superior Essays
To treat the disease of crime we have Law. Criminal law is prominent law that prohibits certain kinds of conduct and imposes penalties for unlawful behavior. The criminal law is a means by which society reaffirms its values and punishes the violators. The Canadian justice system recognizes these values and differentiates that youth crime and adult crime need to be dealt differently. Maturity is the factor in making choices and being able to foresee the probable consequences of the actions. Correspondingly, in Canada there are two justice systems; whereas adults are penalized for any crime under Criminal Code, at the same time youth crime are punished under Youth Criminal Justice Act (YCJA). The purpose of YCJA is to prevent crime by addressing …show more content…
The terms “violent offence” is not defined in either YCJA or Criminal Code; and it must be interpreted in the same manner as any undefined term in a statute. The court, further explored that meaning of “violent offence” must be connected to the statutory definition of “serious violent offence” referred in s 2 (1) of YCJA. It is therefore not appropriate to interpret the terms “violent offence” solely by reference to definition of “serious violent offence”. The parliament decision not to define “violent offence” in YCJA must be given meaning and should be …show more content…
The court further concluded that since the Criminal Code treats an offence involving violence as different from an offence involving dangerous conduct, likewise YCJA when defining “violent offence” should have distinction between force-based and harm-based bodily harm. To conclude this case, the Supreme Court of Canada not only explained the definition of “violent offence” in YCJA, but also discussed, if punishment fits the crime. The SCC made it clear to pay respect to parliament when they pass a statue. Moreover, discussions in the parliament typically focus on the punishments that are appropriate level of crimes. “ Sentencing an accused convicted of a criminal offence is a judicial exercise that relies upon a complex matrix of relevant concerns.” (Boyd

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