QUIZ 1: WEEK 1

Question 1

Describe, using as many statistics as you can, how youth crime has evolved over the years? What are youth mostly charged with now?

Answer 1

Downward trend in youth court cases
- dramatic drop around time of YCJA (2003) 76K to 64K

Less kids are being sent to custody

• Back in the day: 15k in custody with way more serious sentences
• Now: 1 in 10 sentenced to custody, 1/2 to probation + various other light sentences

Charges

• Mostly charged with property crimes
• Most cases youth are in custody for less than a month (only probation for more than 2 yrs)

Question 2

Which provinces have the highest youth incarceration rates?

Answer 2

Manitoba, Saskatchewan, NWT, Nunavut

Question 3

What % of youth in custody/youth on probation are indigenous?
What % of Canadian youth overall are indigenous

Answer 3

47% of youth custody = Indigenous youth
40% of youth probation = Indigenous youth

8.8% of Canadian youth are Indigenous

Question 4

What are the three classifications of offences? Provide an example of each?

Answer 4

Summary conviction
- public nudity (s. 174(1))

Hybrid conviction
- assault (s. 266)

Indictable offense
- stopping mail with intent (s. 345)

Question 5

Implications of summary conviction if found guilty what is the limitation period?
Implications of indictable offence if found guilty?
Implications of hybrid conviction if found guilty, how did Bill C-75 effect this charge, what special jury consideration is involved?

Answer 5

Summary conviction
- Individual s. 787: 5, 000 fine or 6 months jail
– As of sept. 19 2019, default max is 2 years less a day (Bill C-75)
If another max is specified in CC this does not apply
- Corportation s. 735(1)(b): 100 000 fine
Limitation period: Bill C-75 = 12 months (used to be 6)

Indictable offence
- s. 743: 5 years jail unless otherwise specified (is almost always specified)
No max fine, no limitation period

Hybrid offences (also called crown election)
- crown gets to choose if it will be processed as summary or indictable
Bill C-75
- 120 indictable offenses are now hybrid (guilty of either (a) or (b)
- Often deals are struck to process by summary instead of indictable - due to 2y/less a day, can still elect summary and give a significant amount of jail time
Note: summary takes away the possibility of a jury trial - courts prefer not to have jury trials

Question 6

Why 2 years less a day?

Answer 6

A person who gets 2 years or more goes to a penitentiary (fed offense) but less than 2 years is a provincial reformatory - you don’t have to be moved

Question 7

What is the court structure in Ontario?

What significant % of youth cases are dealt at the BLANK level?

Answer 7

*Top*
Supreme court 
Court of Appeal for Ontario 
*Separation*
1. Ontario court of justice 
- Adult court 
- Youth justice court 
2. Superior court of justice 
- Civil and criminal 
- Unified family court 

90% of youth cases are dealt with at prov level

Question 8

Where does each type of offence get tried?

Answer 8

Summary: provincial
Indictable: superior court or prov
- sup: with or without jury (if 5+ years can have jury)

Question 9

What is a prelim inquiry, when it is needed?

Answer 9

If charged with indictable offense and chooses superior - crown need to prove that they have enough evidence to go to trial
Bill C-75 (Sept. 19 2019): only if max penalty is 14 years or more