This section will help you get familiar with key federal and provincial justice-related laws and regulations. It also includes information on the rules and regulations around Cree activities such as hunting, fishing, and trapping, as well as the conservation of migratory bird populations. In addition, you will also find a convenient list of Questions & Answers on your rights under the law, especially if you are under arrest.
The Youth Criminal Justice Act (“YCJA”) - Latest version: April 1, 2003
The YCJA provides the rules and regulations that govern the criminal justice system for young persons in Canada. It applies to youth who are between the ages of 12 and 17.
The Preamble and the Declaration of Principle contained in the YCJA set forth the fundamental principles that must guide the interpretation of this Act. Such principles include the following:
- Society shares a responsibility to address the developmental challenges and the needs of young persons and to guide them into adulthood;
- The youth criminal justice system is intended to protect the public by:
- holding young persons accountable through proportionate measures;
- promoting rehabilitation and reintegration of young persons;
- supporting the prevention of crime by referring young persons to relevant programs.
- The youth criminal system must be separate from that of adults and must be based on the principle of diminished moral blameworthiness or culpability;
- Measures taken against young persons who commit offences should:
- reinforce respect for societal values;
- encourage the repair of harm done to victims and the community
- be meaningful for the individual young person given his or her needs and level of development and, where appropriate, involve the parents, the extended family, the community and social or other agencies in the young person’s rehabilitation and reintegration;
- respect gender, ethnic, cultural and linguistic differences and respond to the needs of aboriginal young persons and of young persons with special requirements.
- In addition, the YCJA addresses the following: Extrajudicial measures and sanctions (e.g. warnings, cautions, referrals to programs)
- Organization of the youth criminal justice system
- Youth Justice Court, Youth Justice Committees, Conferences, Justices of the Peace, Clerks of the Court, Provincial Directors
- Judicial measures
Various matters including prosecution, detention before sentencing, appearances, release from or detention in custody, referrals to child welfare agency
- Sentencing (e.g. pre-sentence report, youth sentences, adult sentence)
- Custody and supervision
- Publication, records and information (e.g. protection of privacy of young persons, fingerprints, photographs, access to records)
| >> For the full text of the Youth Criminal Justice Act, please visit the Canada Justice Laws Website |
Understanding your rights
As citizens, we have certain legal rights such as the right of free speech and assembly as well as certain responsibilities, such as not intentionally harming another person. If you are arrested and/or detained, it is important for you to understand your rights. The following provides information in this regard under Canadian law:
This section is provided for information purposes only. It does not constitute legal advice or a legal opinion. You should consult with a lawyer regarding any specific legal issue.
Frequently Asked Questions
For your convenience, below is as series of questions and answers to provide you with more information around arrests under Canadian Law.
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>> Important Note The rights noted above are relatively recent, individual-based rights. Although these rights are important, within Eeyou Istchee we can utilize and exercise our collective rights and values which have guided us for centuries. In other words, there may be better practices and guidance and understanding of rights and obligations within Cree society itself in Eeyou Itchee that may differ from these individually-oriented rights, but be more value-based and thus effective and appropriate for certain situations. Contact your local Community Justice Officer for more information on these and related subjects. |
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>> Important Note We should also say that the rights noted above are relatively recent, individual-based rights. Although these rights are important, within Eeyou Istchee we can utilize and exercise our collective rights and values which have guided us for centuries. In other words, there may be better practices and guidance and understanding of rights and obligations within Cree society itself in Eeyou Itchee that may differ from these individually-oriented rights, but be more value-based and thus effective and appropriate for certain situations. Contact your local Community Justice Officer for more information on these and related subjects. |
The Migratory Birds Convention and its complementary regulations ensure the conservation of migratory bird populations by regulating potentially harmful human activities.
A permit must be issued for all activities affecting migratory birds, with some exceptions detailed in the regulations. Through the agreements we have signed with the governments of Canada and Quebec, the people of Eeyou Istchee have special rights in respect to hunting of animals including migratory birds. However, it is important for all of us to understand the laws and regulations concerning migratory birds.
In the Migratory Birds Regulations, you will find the regulatory requirements regarding Migratory Bird Hunting as well as those applicable to other activities related to migratory birds, including:
- sale, gift or purchase
- shipment
- aviculture
- taxidermy
- activities involving birds causing damage or danger (e.g., agriculture)
- activities involving overabundant species
- activities at airports
- activities for scientific research purposes
- collection, possession, sale or trade of eiderdown
- import of migratory bird species that are not indigenous to Canada
The Migratory Bird Sanctuary Regulations grant sanctuary status to areas that represent important habitat to migratory birds. These sanctuaries help protect the birds from hunting and all other disturbances while they are in breeding and other staging areas.
The following aspects of hunting are regulated by the Migratory Birds Regulations:
- required permit
- possession limits
- hunting methods and equipment (weapon, type of shot, etc.)
- retrieving birds that have been killed
- times during which hunting is permitted
In addition, the regulations regarding migratory bird hunting identify hunting areas, seasons, permitted species and the daily bag limit per species and per region. The Regulations ban all activities that are harmful to migratory birds, their eggs or their nests. However, some activities, such as hunting, may be practiced with the appropriate permit. These regulations are revised and modified each year.
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