Aug 6, 2003

 

YCJA Revisited

 

By Leo Knight

 

On Friday (Aug. 4, 2003) The Province ran a front page photo of an 11 year old car thief in handcuffs. Towering over him in the photo was a Vancouver police officer emphasizing the tender years of the youth.   

 

Later that evening, I was having a cocktail with a veteran VPD officer and we were speaking of the matter. He said, rather nonplussed, “An 11 year old car thief, so where’s the news value?”

 

The inference is obvious. This is not an unusual occurrence in the Lower Mainland. Youth crime, even committed by 11 year olds, is running rampant.  

 

Earlier in the week, the news media was abuzz about another 11 year old car thief. That story spoke of an incorrigible little punk and the inability of the police or the system to deal with him in any meaningful manner.  

 

According to the story, the boy lives in a group home and the government paid staffers were going to keep an eye on him around the clock. Literally, they are going to pay to put him under surveillance by social workers.   

 

What’s wrong with taking the little turd and containing him in his house? Never mind this watching him when he’s out and about.     

 

In April, the federal Liberals introduced their shiny new piece of legislation to replace the Young Offender’s Act, called the Youth Criminal Justice Act or YCJA.  The way I read the act, the acronym should stand for You Can’t Jail Adolescents.   

 

In a nutshell, the Act, introduced in Parliament as Bill C-7, stipulates that the system must do everything to “fix” the troubled youth and that the last possible resort is to put the youth in front of a court by way of a criminal charge.   

 

One of the problems with the legislation, and there are a myriad of them, is there is absolutely no provision for the two 11 year olds who are insistent on adding to the already skyrocketing auto theft stats. Not that the previous Act did but, considering current Health Minister and former Justice Minister Anne McLellan said this was a priority in 1997, surely the Chrétien government had enough time to consider how incorrigible little pricks like these two might be appropriately dealt with.   

 

Apparently not.   

 

The YCJA is a fraud perpetrated upon the people of this country by the government.  Nothing more or less.   

 

Since the Act was instituted in April of this year, there have been a number of attempts to make us believe that youth crime is down. Crime stats are compiled on the basis of charges laid. In a nutshell, since the police are hamstrung in terms of laying charges under the new law, the stats will drop. That’s an absolute.   

 

It certainly doesn’t mean that crimes being committed by youths are lessening to any degree. It just means that they no longer count for anything.   

 

I’m sure that will be a great consolation to you when you come home and find your home has been ravaged and your driveway empty.  

 

Watch this one. The federal government will tell you unequivocally that youth crime is down. The National Post had a look at the issue last week. They quoted an Ontario probation officer, Bob Eaton, and the remarks are rather telling. He said, “Three years from now they'll say it's had a dramatic effect on reducing youth crime. Well, that's because youth aren't being charged.”  

 

“It would be the same as if you took radar off highways -- speeding would drop dramatically. Or if you took away breathalyzers, there would be no more drunk driving, he concluded”  

 

That is exactly the sort of nonsense the federal Liberal are trying to foist upon you. You see all those cars stolen by those two 11 year old incipient convicts? Never happened.   

 

Or sure the owners were without the use of them and ICBC will get tagged for any damage caused. But, essentially, they never happened, at least for the purposes of assembling statistics measuring youth crime in this country.   

 

The majority of our youth are great kids. The small percentage of teens that are continually showing up on the police radar screen need to be dealt with in a serious way, not envisioned by the framers of this legislation.   

 

While on the subject, how is it that the brain-dead idiot who viciously beat Aaron Webster to death in Stanley Park two years ago, is allowed to plead guilty to manslaughter?   

 

Manslaughter is supposed to be for an involuntary killing or a spur of the moment homicide emanating from a fight. That sort of thing. How is it manslaughter when the victim is hunted and killed, beaten to death with a club?   

 

Probably it doesn’t matter in the end. The killer is only 19 now and was 17 at the time of the brutal slaying. He is protected by the YCJA. The media can’t name him and he has to be treated as a youth under the provisions of the act.   

 

Watch the easy walk he gets through the system. Society’s retribution for this horrific murder will be very weak indeed.     

 

The ironic thing is that fighting homophobia (Geez, I hate that word, there has to be a better one) is a cherished plank of the liberal platform. Yet, it is their own weak-kneed response to criminal behaviour that protects the most vicious homophobe imaginable.  

 

 

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