<P> By means of legal challenges under the Canadian Charter of Rights and Freedoms, numerous sections of the Criminal Code have been struck down by the Supreme Court of Canada as infringing on a constitutional right as defined in this 1982 constitutional document . The offending sections are usually removed altogether, or heavily qualified, when new laws are passed . In other instances, such as Section 287 regarding qualified abortions, the Canadian Parliament does not repeal (i.e. erase) the infringing section from the text of the Criminal Code and so the remaining text is simply null, void and unenforceable by the police and the criminal justice system . </P> <P> Before the terrorist attack against the World Trade Center on September 11, 2001, the Criminal Code contained almost no specific reference to terrorism . After that event, the Canadian Parliament passed Bill C - 36, the Anti-terrorism Act (S.C. 2001, c. 41) which received royal assent on December 18, 2001 . This statute added an entire new component to the Criminal Code . Falling between Part II and Part III is now Part II. 1--Terrorism, which contains numerous provisions regarding the financing of terrorism, the establishment of a list of terrorist entities, the freezing of property, the forfeiture of property, and participating, facilitating, instructing and harbouring of terrorism . </P> <P> Young persons, ages 12 to 17, may be charged with offences under the Criminal Code, are prosecuted in much the same way as adults under the Criminal Code, and are subject to the same laws of evidence . However, sentencing, procedure and evidence law are modified to some extent by the Youth Criminal Justice Act . Depending on the severity of the crime, the Crown Prosecutor may argue for a youth to receive an adult sentence after the age of 14 . In this case, the judge will make the decision . Under the Young Offenders Act, the youth would be transferred to adult court in order to receive an adult sentence . This is no longer the case . Under the Youth Criminal Justice Act (YCJA) the young person would receive the adult sentence in youth court . </P> <P> If the young person is given an adult custody sentence, he / she will attend a youth facility until becoming an adult at the age of 18 . At this time it will be decided if the youth is transferred to an adult facility, or if he / she is to remain at the youth facility until the age of 20 . If an adult sentence is given, the young person's name will be published and he / she will receive a permanent adult criminal record . </P>

Differences between ycja and criminal code of canada
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