Chapter 13 - Youth Justice System

Question 1

Juvenile Delinquents Act (1908)

Answer 1

social welfare approach to youth offenders

parens patriae (parent of the country)

status offences (behavior that isn’t illegal for an adult, such as truancy from school)

Question 2

Young Offenders Act (1984)

Answer 2

focus on rights and rehabilitation

young offenders’ special needs

Not enough focus on accountability, a risk to the community

Question 3

Youth Criminal Justice Act (2003-present)

Answer 3

crime prevention

meaningful consequences

rehabilitation

Reintegration

Question 4

international law and youth

Answer 4

Article 2.1. Parties shall respect and ensure the rights to each child without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, color, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status

Article 3.1. In all actions concerning children, the best interests of the child shall be a primary consideration.

Question 5

differences in youth justice system vs. adult

Answer 5

• Attempt to avoid youth going to court whenever possible
• Privacy of youth protected– names cannot be published unless they receive adult sentence
• Most can avoid having a criminal record
• Youths released from custody must have supervision in the community
• Parents are notified of actions taken against their children and are allowed to be present during questioning
• Maximum probation period is two years
• Extensive use of alternatives to formal court process
• Maximum period a youth can be held in custody is 6 years

Question 6

progression of sanctions in youth justice system

Answer 6

• keep as many youths as possible from becoming involved in the formal youth justice system
• extrajudicial measures (EJM): Measures other than court proceedings to deal with a youth who has committed an offence
• extrajudicial sanctions (EJS): Most formal type of EJM, often involves Youth Justice Committees, includes community service, restitution to victim, etc

Question 7

judicial interim release (bail)

Answer 7

provisions of bail for young offenders:
- Pre-trial detention of a youth is not permitted “as a substitute for appropriate child protection, mental health or other social measures.”
- A youth may be kept in pre-trial detention if he or she is charged with a serious offence

Question 8

2 objectives of sentencing young offenders

Answer 8

1) The rehabilitation and reintegration of the young offender
2) Protection of the public
- A key principle of sentencing is that it is proportional
- Sanctions other than custody should be considered
- At sentencing, Gladue is to be considered for the special circumstances of Indigenous offenders

Question 9

2 types of custodial sentences

Answer 9

Open custody – group homes located in the community

Closed custody – secure custodial facilities

Question 10

treatment for youth in custody

Answer 10

begins with an assessment to identify risks and needs to develop an appropriate correctional plan.

Youth in secure custody are provided with a wide range of individual and group programs:

medical and mental health services

education, counselling, and recreation programs
- offence-specific programs
- offender-specific programs
- gender-specific programs

Available programs vary between facilities and provinces