The case for standards for youth in custody in Canada

Abstract

Canada has no standards, procedural guidelines, or protocols for best practices in the care of youths in custody. This paper argues that clear, enforceable standards are important in defining a benchmark of acceptable practice. It argues that without standards, issues may arise which can create further difficulty for youths who are under the care of the state. It suggests that the current legal framework for standards is insufficient in its enforceability and its clarity. The new Youth Criminal Justice Act (YCJA) provides the Canadian government with a timely and much-needed opportunity to establish standards of care for youths in custody. Indeed, the YCJA contains specific, comprehensive, and relevant provisions that can be seen as laying a firm foundation for standards of care.