Lesson 3 — Activity 3:

Consequences of Breaking a Law

There are some very important underlying principles to Canada's legal system that dictate how justice is carried out. These areas follows:

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It is important to realize that this does not mean that everyone will always receive the same consequences. To understand why this is the case, consider what happens when a rule is broken. You are well aware that there are consequences for breaking rules. A teenager who breaks a curfew may be grounded. A broken school rule may result in a detention or a trip to the office. Mall security may escort a person who breaks a rule from the mall. The consequence the first time a rule is broken is probably not very severe, but if the problem continues, the consequences will probably become more severe.

           

Consequences for more serious actions will probably be more severe, even if this is the first time it has happened. To understand this better, consider something such as a broken curfew. There are many variables a parent might consider when deciding on the consequences. These could include answers to several questions. How far past the curfew time is it? Is this the first time this has ever happened? Was it a mistake or a conscious decision to break the rule? Was alcohol or drugs involved? All of these circumstances will guide a parent who must decide on appropriate consequences for this broken rule. The legal system operates in much the same way, but it is much more formalized in its approach.

You know that civil laws address things such as personal identification, relationships, property rights, and the legal institutions that relate to these. Offences that break a civil law usually involve a lawsuit and are resolved when one party has to compensate the other party in some way.

This may include apologizing, returning the disputed property, repairing or replacing the damaged property, or paying money to the person laying the claim. Often a settlement involves more than one of these solutions. Sometimes, a civil law suit is launched in addition to criminal charges. Even if a person is found not guilty of committing a crime, this person could be found guilty under civil law and ordered to make retribution.

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The Youth Criminal Justice Act (YCJA) is the law that governs Canada's youth justice system. It applies to youth who are at least 12 years old but under 18 years old who are alleged to have committed criminal offences.

Under the YCJA, the purpose of youth sentences is to hold young persons responsible for their actions, ensure meaningful consequences for them, and promote their rehabilitation and reintegration into society, thereby contributing to the long-term protection of the public.

On April 1, 2003, the YCJA came into force, completely replacing the previous legislation, the Young Offenders Act. The YCJA introduced significant reforms to address concerns about how the youth justice system had evolved under the Young Offenders Act. These concerns included the overuse of the courts and jailing youth in less serious cases, unfairness in sentencing, a lack of effective reintegration of young people released from custody, and the need to better take into account the interests of victims. The YCJA provided the legislative framework for a fairer and more effective youth justice system.

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