Archive
Youth Justice Legislation in Canada
Youth Justice Legislation in Canada
Source: Library of Parliament
Youth crime in general, and violent youth crime in particular, is a significant source of concern to many Canadians. In part, the concern is connected with an impression that crime committed by young people is on the rise, though the latest police statistics indicate that by 2011 the youth crime rate had fallen by 22% compared with 2001.1 The drop in youth crime rates over this period was mainly the result of a decrease in property crime. The rate of violent crimes in which the alleged perpetrator is a young person decreased by 12% between 2001 and 2011, while the rate of youth property crime dropped by 31%.2 In 2011, police identified 135,647 alleged youth criminals, of whom 42,799 were suspected of violent crimes.3
The data provided by Statistics Canada’s Crime Severity Index also show a 22% decline in the severity of all crimes committed by young people in 2011 compared with 2001.4 A significant part of this decline stems from a 33% decrease in the severity of non-violent crime. During this period, the severity of youth violent crime decreased by 3.1%.5
In attempts to address the concerns of Canadians and to react to the youth crime problem, lawmakers have, from time to time, proposed amendments to youth justice legislation. This document provides an overview of the principal legislative provisions that govern the way in which the police, the courts and the correctional systems must deal with those between 12 and 17 years of age when they are charged with a crime. The first section briefly traces the evolution of Canadian legislation in the area. The second section describes the philosophy and principles underlying the Youth Criminal Justice Act (YCJA), which currently governs criminal and justice matters affecting young people in Canada. The third section briefly outlines the sentences imposed on those convicted of an offence as a young person. The final section deals with the possible consequences of a conviction under the YCJA, specifically how criminal records are established and kept and how bodily substances may be taken in order to store a young person’s DNA in the National DNA Data Bank administered by the RCMP.
Telecommunications and Lawful Access: The Legislative Situation in the United States, the United Kingdom and Australia
Source: Library of Parliament, Canada
This paper deals with “lawful access,”an investigative technique used by law enforcement agencies and national security agencies. It involves the interception of communications and seizure of information during a search, where authorized by law.
Canada — Oil Pipelines: A Synopsis of Recent Library of Parliament Studies
Oil Pipelines: A Synopsis of Recent Library of Parliament Studies
Source: Library of Parliament, Canada
Two recent pipeline proposals – the KeyStone XL in the United States and the Northern Gateway in Canada – have captured the public’s attention.
This year, the Library of Parliament has published three papers on pipelines to shed light on the need for pipelines, environmental concerns, and how the federal government approves pipeline construction. This HillNote summarizes these papers.
The Arctic: Organizations Involved in Circumpolar Cooperation
The Arctic: Organizations Involved in Circumpolar Cooperation
Source: Library of Parliament — Canada
With some exceptions pertaining to specific issues or regions, cooperation in the North has not been a prominent goal of the international community until relatively recently. However, international cooperation began to evolve rapidly after then Soviet Secretary-General Mikhail Gorbachev delivered a speech in 1987 calling for “a genuine zone of peace and fruitful cooperation” among Arctic states.1 There is now a plethora of official bodies, both governmental and non-governmental, whose purpose is to manage various issues in the Arctic. Although none has any legal basis as established by, for instance, international treaty, these organizations have assumed an important role in the development of Arctic cooperation. This paper provides information, largely derived from Internet sites, about some of the more important of these organizations, with particular emphasis on the Arctic Council and some domestic Canadian examples.
The Arctic: Environmental Issues
The Arctic: Environmental Issues
Source: Library of Parliament — Canda
Although the Arctic is remote and sparsely populated, it is under threat from environmental stresses largely originating in distant regions. Three main interrelated issues regarding the Arctic environment are climate change, changes in biological diversity, and the accumulation of toxic substances. The effects of these changes are becoming increasingly evident in the North. In addition, the Arctic appears to be a harbinger of environmental change as well as a key determinant of that change, particularly changes in climate.
This paper briefly describes some of the environmental issues that affect the Far North1 and lists some of the efforts being made internationally and in Canada to protect the Arctic environment.
Social Media and Job Searching Among Young Canadian Workers: A Summary of Government Initiatives
Social Media and Job Searching Among Young Canadian Workers: A Summary of Government Initiatives
Source: Library of Parliament
The popularity of social media as job search and career advancement tools is on the rise in Canada. In fact, in 2011, nearly one quarter of Canadian job seekers used social media in their job search. Of those using social media in this way, people in the 18-to-29-year-old age group were most likely to believe in the importance of being active on social media in order to advance their careers.
Although young people face a high rate of unemployment, they will be called upon to play an increasingly important role in Canada’s economic future, particularly given the aging population. As a result, the growing role of social media in job searching is an issue that Canadian parliamentarians may be asked to consider.
This publication will examine the role that social media play in the job search process of young Canadian workers.3 Although there are many other social media platforms, this analysis will focus on Facebook, Twitter and LinkedIn, which are the platforms that are most commonly used for job searching. This study will also provide a summary of the various federal government initiatives that offer support to job seekers, as well as an overview of ground-breaking programs that have been implemented by other governments.
Prostitution in Canada: International Obligations, Federal Law, and Provincial and Municipal Jurisdiction
Prostitution in Canada: International Obligations, Federal Law, and Provincial and Municipal Jurisdiction
Source: Library of Parliament
Canada’s approach to dealing with prostitution beyond its borders and within them is a multifaceted one, involving a combination of criminal laws at the federal level, provincial/territorial laws and municipal solutions that highlight the various jurisdictional responsibilities at play. While prostitution (consensual sex between two adults for consideration1) is legal in Canada, most activities surrounding the act of prostitution – including public solicitation, pimping, operating a brothel, trafficking in persons and the commercial sexual exploitation of children – are prohibited.
This paper provides an overview of how jurisdictions across Canada handle the question of prostitution, from negotiating Canada’s international obligations in this regard, to implementing federal criminal laws and provincial/territorial and municipal measures to deal with specific issues at a practical level.
CA — Freedom of Religion and Religious Symbols in the Public Sphere
Freedom of Religion and Religious Symbols in the Public Sphere
Source: Library of Parliament (Canada)
The issue of religious symbols in the public sphere has given rise to widespread debate on the scope of freedom of religion in various countries around the world. In our modern environment of globalization and unprecedented international migration flows, traditionally homogenous nations face the blurring of established spheres of cultural identity, and, in some cases, governments are changing laws, policies, and politics in an effort to manage these shifts. The various political, legislative, and judicial treatments of this issue have given rise to differing interpretations of freedom of religion as defined through domestic and international laws.
Among the most prominent of the religious symbols at stake in current debates is the Islamic headscarf, or hijab. The headscarf is worn by a female over her head, generally covering her hair, ears, and neck. Hijab also has the meaning of female modesty in dress and, for some Muslim women, may involve wearing a large loose garment that can cover the hands and face – a burqa; or a veil that leaves only a slit for the eyes – a niqab. Hijab is an integral part of Qur’anic teachings for a large part of the Muslim world, but there is little agreement on whether it is absolutely prescribed.
Within the Sikh faith, the turban and kirpan are among the five religious obligations of Orthodox Sikh males. Sikh men must keep their hair uncut and wrapped in a turban as a symbol of respect for God. The kirpan is a curved ceremonial dagger, usually about 20 centimetres long with a blunt tip, which is generally worn underneath clothing. The kirpan serves as a reminder of the constant struggle between good and evil.
In debates involving the Jewish faith, it is the kippa, or yarmulke, a small skullcap worn as a symbol of submission to God by some Jewish males, that is often at issue. In addition, some Orthodox Jews build succahs, structures made of wood and covered with cedar branches, to be used each year for nine days during the autumn festival of Sukkot to commemorate the difficult conditions Jews faced after fleeing Egypt.
An aspect of the more traditionally Western Christian faith, the crucifix is a representation of the Christian cross with a figure of Christ on it. Often hung on the wall, crucifixes may be found in churches, classrooms, courtrooms, and legislative buildings throughout the Western world. Crucifixes may also be worn as a pendant on a necklace.
The most prominent disputes over religious symbols in the public sphere have involved religious headcoverings – one of the most immediately obvious demonstrations of one’s faith that automatically distinguishes Muslims, Sikhs, and Jews from the larger, mostly Christian population in the Western world. The recent rise of immigrants in Europe has meant that headcoverings have become significant symbols of difference, provoking debate about their role in the public sphere.
Hat tip: Library Boy
CA – Trafficking in Persons
Trafficking in Persons
Source: Library of Parliament (Canada)
Trafficking in persons has become one of the most pressing issues in global migration policy. The illegal transportation and harbouring of people for the purposes of forced service and other forms of exploitation is a violation of internationally and domestically recognized human rights. Organizations have arrived at different estimates concerning the extent of this global problem, partly because of differences in the interpretation of the term, but primarily because the clandestine nature of the crimes involved makes it difficult to produce accurate statistics. The United Nations (UN) has previously estimated that 700,000 people are trafficked annually worldwide, though it has most recently reported that any estimates made to date have been controversial due to the difficulty in determining “with any precision how many victims of human trafficking there are, where they come from or where they are going.”
This paper will discuss the concept of trafficking in general terms and provide an overview of the legislative framework surrounding the issue at the international level and within the Canadian context. It will conclude with a discussion of potential gaps in Canadian legislation and policy with respect to trafficking in persons.
Hat tip: Library Boy
