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Jonathan Wamback attacked by a gang of youths at age fifteen
and spent three months in a coma and is still in rehabilitation
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Young Offenders Act Replaced
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Newmarket Ontario - Thursday, April 3 2003 - by: Joseph
Wamback |
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- Legislation replacing the Young Offenders Act
comes into force yesterday. Contained within it are serious weaknesses that have
been drawn to the attention of the Government of Canada. They are drawn to
your attention below so that you may, should you choose, place them in your Criminal
Justice file and note, as the legislation is applied in the courts and they become
apparent, that the Government was forewarned but chose to ignore them.
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- Parole will be now automatically available to convicted
violent young offenders already serving light youth sentences.
- Maximum incarceration for manslaughter is being reduced
to 2 years, second degree murder to 6 years with no mandatory rehabilitation
programs
- Aggravated assault, rape, armed robbery and firearms crimes are
not defined as violent offences, and only those that are subjectively determined,
in separate hearings to cause or create substantial risk of serious bodily harm are
considered in making Key decisions under the act. Psychological harm is not considered!
- Adult sentencing can not be considered and is not automatic,
unless the offender has been convicted of a subjectively determined „serious violent
offence‰ AND has on at least 2 previous separate occasions been convicted
of 2 other, subjectively determined „Serious Violent Offences‰. The logistics
of our court system make this virtually impossible.
- If adult sentencing is given then probation and conditional sentencing
are approved options.
- The bill is filled with subjective characterizations, convoluted
references and is 3 times longer than the existing YOA that will result in a unanimously
predicted, slower, more complicated, more expensive process that will deny Justice
for both offender and victim alike
- The number of crimes for which multiple hearings are required
has been dramatically increased.
- Age limits remain unchanged, leaving a dangerous legislative gap
for treatment options for young children at risk while failing to emphasize public
safety resulting from repeat and violent crimes by violent 16 & 17 year olds.
- There is no mention of deterrence or denunciation anywhere in
the legislation, effectively denying protection for society.
- No mention of new group crimes such as swarming, gang crimes,
no automatic consecutive sentencing, or bail reform.
- Publication of names of convicted violent criminals remain unchanged
and is more restrictive than the YOA due to newly imposed subjective determinations.
- ·No mandatory rehabilitation even for the most violent
or repeat offender.
- Release of violent offenders is not contingent on successful completion
of rehabilitation programs and no mandatory procedural protections for victims.
- Consent of victims is not required for not laying criminal charges
and the long held right of citizens to lay private information or charges is now
extinguished. A serious removal of and an attack on victims rights and individual
liberties of Canadians.
- Consent of victims not required for extra judicial or restorative
justice programs.
- Restorative justice programs can be run by offender based organizations.
- Extra Judicial measures ignore victims and victim‚s rights and
convictions are not held in abeyance until completion of community service orders
- The bill prevents a court from imposing a victim restitution order
against parents or guardians if they are determined negligent in supervision.
- New federal guidelines to crowns will remove breach of recognizance
from the category of an indictable offense, effectively eliminating consequence for
defying Judicial orders, and teaching Canada‚s children that crime does pay
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Joseph Wamback
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References: |
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Department of Justice Canada, Young Offenders
Act page |
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Bliss, Stephen R. The Young Offenders
Act - Parent's Page web site |
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Canadian Legal Information Institute
Young Offenders Act |
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Harris, David Allan B.A., LL.B. A
layperson's guide to the young offenders act and the youth criminal justice act
website |
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Bagha, Zenab, Young
Offenders Act beyond fixing, say critics, 2000, Toronto Globe and Mail |
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Inner strength
award, Guinnes Honour Roll, March 14, 2002 Canada NewsWire |
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Guest on
Cross Country Checkup, April 30, 2000, CBC radio |
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Hudson, Kellie, Victims
of youth violence want tougher national law 400,000 signatures collected by families
on petition fighting Young Offenders Act, January 11, 2000, Toronto Star |
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News
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This page is a story posted on Ensign and/or Saskatchewan
News, both of which are daily web sites offering a variety of material from scenic
images, political commentary, information and news. These publications are the work
of Faster Than Light Communications . If you would like to comment on this story or you wish to contact
the editor of these sites please send us email. |
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Editor : Timothy W. Shire
Faster Than Light Communication
Box 1776, Tisdale, Saskatchewan, Canada, S0E 1T0
306 873 2004
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