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The aim is to protect the youth's right to counsel in all stages of the youth justice process and ensure the individual understands the justice process. [38] According to the Act section 25 (4): If the young individual is unable to obtain legal assistance or no legal aid program is available, the young offender is able to request counsel.
The Act also indicated that the rights established in the Canadian Charter of Rights and Freedoms apply to youths as well. Controversy dogged the act for many years. Many felt that the Act's limit on a three-year detention sentence for youths was overly lax, and allowed youths to get unreasonably light sentences for murder or sexual assault. [1]
At that time, the Civil Code (Code civil du Bas-Canada) served to protect some Human Rights and Freedoms. The Ligue des droits de l'Homme (now the Ligue des droits et libertés) convinced the government of the importance of protecting Human Rights through a specific law. [3]
Canadian Foundation for Children, Youth and the Law v Canada (AG), [2004] 1 S.C.R. 76, 2004 SCC 4 – known also as the spanking case – is a leading Charter decision of the Supreme Court of Canada where the Court upheld section 43 of the Criminal Code that allowed for a defence of reasonable use of force by way of correction towards children as not in violation of section 7, section 12 or ...
The Global Youth Action Network engages young people around the world in advocating for youth rights, and Peacefire provides technology-specific support for youth rights activists. Choose Responsibility and their successor organization, the Amethyst Initiative , founded by John McCardell, Jr. , exist to promote the discussion of the drinking ...
This right has generated significant case law, as abortion in Canada was legalized in R v Morgentaler (1988) after the Supreme Court found the Therapeutic Abortion Committees breached women's security of person by threatening their health. Some judges also felt control of the body was a right within security of the person, breached by the ...
The Commission des droits de la personne et des droits de la jeunesse (French pronunciation: [kɔmisjɔ̃ de dʁwa də la pɛʁsɔn e de dʁwa də la ʒœnɛs], CDPDJ; English: "Human Rights and Youth Rights Commission") is a government agency created by the Quebec Charter of Human Rights and Freedoms in 1975.
This right has generated some case law, as courts have struck down reverse onus clauses as violating the presumption of innocence. This first occurred in R. v. Oakes (1986) in respect to the Narcotics Control Act. This was also the case in which the Court developed the primary test for measuring rights limitations under section 1 of the Charter ...