Does it need to be tailored for under 18? If an idividual is in possession of compromising information about another, one that would cause humiliation, embarrassment, etc, and they distribute said information what is the current remedy? Civil litigation right? But given how wide spread such information can now be spread (world over), how much more damage can be incurred, should we perhaps have criminal legislation to deal with such matters?
Maybe yes, maybe no. Just a thought I'm putting out there.
I believe the Judge has leeway on this?
Child pornography laws in Canada - Wikipedia, the free encyclopedia
Minimum penalty
Child pornography laws in Canada forbid the production, distribution, and possession of child pornography and is punishable by up to 20 years imprisonment.
The current minimum penalty for possession of, or "accessing," child pornography is fourteen days imprisonment.[6]
163.1. Definition of “child pornography” | Criminal Code of Canada
Defence
(6) No person shall be convicted of an offence under this section if the act that is alleged to constitute the offence
(a) has a legitimate purpose related to the administration of justice or to science, medicine, education or art; and
(b) does not pose an undue risk of harm to persons under the age of eighteen years.
Youth Justice: The Youth Criminal Justice Act: Summary and Background
The Declaration of Principle provides that:
The youth justice system is intended to protect the public by: (i) holding young persons accountable through measures that are proportionate to the seriousness of the offence and the degree of responsibility of the young person, (ii) promoting the rehabilitation and reintegration of young persons, and (iii) supporting crime prevention by referring young persons to programs or agencies in the community to address the circumstances underlying their offending behaviour.
The youth justice system must be separate from the adult system and must be based on the principle of diminished moral blameworthiness or culpability.
The youth justice system must reflect the fact that young people lack the maturity of adults. The youth system is different from the adult system in many respects: measures of accountability are consistent with young persons' reduced level of maturity, procedural protections are enhanced, rehabilitation and reintegration are given special emphasis, and the importance of timely intervention is recognized.
Young persons are to be held accountable through interventions that are fair and in proportion to the seriousness of the offence.
Within the limits of fair and proportionate accountability, interventions should reinforce respect for societal values; encourage the repair of harm done; be meaningful to the young person; respect gender, ethnic, cultural and linguistic differences; and respond to the needs of Aboriginal young persons and young persons with special requirements.
Youth justice proceedings require a recognition that young persons have rights and freedoms in their own right and special guarantees of these rights and freedoms; courtesy, compassion and respect for victims; the opportunity for victims to be informed and to participate; and that parents be informed and encouraged to participate in addressing the young person's offending behaviour.
In addition to the Preamble and the Declaration of Principle, the YCJA includes other more specific principles to guide decision-making at key points in the youth justice process: Extrajudicial Measures, Youth Sentencing, and Custody and Supervision. These additional principles are discussed below.
