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IMPLEMENTING THE YOUNG OFFENDERS ACT IN ONTARIO: ISSUES OF PRINCIPLES, PROGRAMMES AND POWER

NCJ Number
142836
Journal
Howard Journal of Criminal Justice Volume: 32 Issue: 2 Dated: (May 1993) Pages: 114-126
Author(s)
B M Clark; T O Fleming
Date Published
1993
Length
13 pages
Annotation
This article examines the implementation of Canada's Young Offenders Act (YOA) in Ontario, the most populous of Canada's 10 provinces.
Abstract
In setting principles for the disposition of juvenile cases, the YOA mandates acknowledgment of a youth's state of dependency and developmental level, recognition of a youth's special needs that require guidance and assistance, the implementation of special rights and freedoms, the right to the least possible interference with freedom, the use of alternatives to judicial proceedings, and priority for continued parental supervision when appropriate. Despite considerable consultation between government and public and private-sector agencies preceding the implementation of the YOA, Ontario, unlike Canada's other nine provinces, has been unable to develop a cogent, effective policy and to implement a workable range of services and programs for young offenders. The current state of disarray reflects the inability or unwillingness of Ontario to work with the federal government and with private-sector or community- based correctional agencies. Research indicates that rather than adopting alternative measures that emphasize the special needs of delinquents, Ontario has increasingly used imprisonment. Increasing levels of investment in incarceration has meant that community programming has not been implemented in any meaningful way. Ontario is facing a critical point in its correctional history; massive investment in secure beds will not be fiscally possible, and reasonable alternatives will have to be developed. 3 notes and 38 references