QUIZ 1: WEEK 3 Flashcards
What does doli incapax mean?
When is it applied?
Incapable of doing wrong
- applied to children under 7
- 7-13 presumed but could be revoked
What is the relevancy of the R. v. T.(V.) 1992 SCC case?
Which other case affirms a similar point of view?
Hint: L’Heureux-Dube J
Judge cites inconsistencies in YOA s. 3(1) declaration of principle explaining ambivalences are somewhat justified as there is not a “one-size-fits-all” justice for youth violating CC
Weight to be attached to particular principle determined by:
- nature of decision being made
- provisions of the YOA which govern the situation + views of the decision-maker
Overall: ambivalences will occur, situations will not all be addressed the same
Other case: R. v. M(J.J) 1993 SCC
What were some criticisms of the YOA?
What was parliament’s response to YOA?
Disparity in charging (ex: racial biases)
Disparity in sentencing (ex: geographic location)
Over-reliance on custody
- 80% for non-violent offences
- Higher than any other western country, higher than for adults + longer terms
- Inconsistency from province to province
Parliament response
- Increase penalty for 1st and 2nd degree murder
- Make it easier to transfer to adult court
What is Bill C-4?
How did components impact sentencing?
How did components impacting detention?
How did components impacting privacy and definition of offences?
Bill C-4 2010 - Act to amend the youth criminal justice system and make consequential and related amendments to other acts
“Sebastien’s law”
Sentencing
- Highlights the protection of society as primary principle of the YCJA (seeks to protect public from violent YA offenders)
- Establishes “specific deterrence and denunciation” as sentencing principles similar to the principles provided in the adult criminal justice system (clause 7)
- Requires crown to consider adult sentence for young offenders (14-17) convicted of murder, attempted murder, manslaughter or aggravated sexual assault (clauses 11 and 18)
Detention
- Reduces barriers to custody, allows custodial sentences for youth who have a pattern of finding od guilt or extrajudicial sanctions (post-charge diversion)
- Amends the rules for bail to facilitate the detention of young persons accused of crimes against property
- Prohibits the imprisonment of young persons in adult correctional facilities (clause 21)
Definition of offences/privacy
- Expands definition of “violent offence” to include behavior that
endangers the life or safety of others (ex: arson)
- Amends the rules for bail to facilitate the detention of young persons accused of crimes against property
- Facilitates publication of the names of young offenders convicted of violent offences (clauses 20 and 24)
How did the government justify the drafting of Bill C-4?
Was this reasonable?
Statistics - basis was purported to be a 10% increase in violent youth crime
No - the busiest time for youth crime is 15-19, relied on 1999 number (when drop occurred) to demonstrate a more dramatic rise when overall is quite stable
How was Bill C-4 reintroduced after it died when the federal election was called? Summarize the impact of this reintroduction?
Bill C-10 - Safe streets and communities act
- In effect Oct, 23 2012: included bill C-4 as part 4 of the act
Summary
- Part 4 amends the sentencing and general principles of the YCJA as well as its provisions relating to judicial interim release, adult and youth sentences, publication bans, and placement in youth custody facilities
How did Bill C-10 specifically amend te YCJA? Please give s. # and amendment details
Hints: 2 shit, 1 obvi
- s. 3(1) - Declaration of principle
- reversed the wording to prioritize “in order to protect the public…” over the things done to do so - s. 3(1)(b) - added in sentence “… must be based on principle of diminished moral blameworthiness or culpability…”
- s. 38(2)(f) - added new objectives
- (i) to denounce unlawful conduct
- (ii) to deter the young person from re-committing a crime (ie. denunciation and deterrence when it used to be rehab)
How is the jurisdiction of a YJC ordained?
s. 13(1) …under an act of the legislature of a province or designated by the governor in councilor or the lieutenant governor in council of a province
What is unified family court? When was the first one established - how many are there now?
What are the downsides and upsides of UFC?
Marrying of general division (divorce) with provincial division (child crime and welfare)
History
1977 - Hamilton pilot project unified UFC responsibilities, 25 jurisdictions now have them
Downside: UFC judges don’t have to have expertise working with youth
Upside: judges have expertise in criminal cases
What is the significance of R. v. C (P.M) 2016 OCA
Where offenders are charged with offences that straddle the 18th birthday, there must be separate trials for the youth and adult charges
The evidence on the youth charges cannot be applied to the adult charges and vice versa
How are children under the age of 12 dealt with?
Provincial child welfare legislation
Child, youth, and family services act (Ontario)
What is the significance of R. v. S.J.L (2009, SCC)
Joint trial of youth and adults is inconsistent with the governing principle of the YCJA, which maintains a justice system for young people that is separate from adults + there is no procedure for joinder of trial which shows that parliament’s intention was that the common law rule on joint trials should not apply
