QUIZ 1: YCJA ONLY Flashcards
When was the YCJA introduced? When was it in force?
March 1999 (Bill C-68) April 1, 2003
What are the concerns addressed in the YCJA?
Hint: Issues at each step of the way - legal definitions, processing and release
Concerns
- Lack of clear and coherent youth justice philosophy
- Incarceration is overused
- The courts pushed to many youth 2 adult court
- Disparities and unfairness in sentencing
- Ineffective reintegration after being released from custody
- Process for transfer to the adult system has resulting in unfairness, complexity and delay
- No clear distinction between serious violent offences and less serious offences
- Concerns and interests of victims ignored
What are the key points to the preamble of the YCJA?
Hint: Responsibility, Approach, Accessibility, Rights, Punishment
RAAP
Not legally binding sets out the purpose of YCJA and is useful for interpretation
- society shares a responsibility to address the developmental challenges and the needs of young persons/guide them to adulthood
- take multidisciplinary steps to address underlying causes of youth crime/respond to needs of young persons and provide guidance/support to at-risk youth
- information about youth justice/crime and effectiveness of measures should be publicly available
- Canada is a party to the U.N convention on the rights of the child and recognizes youth have rights and freedoms including CCRF and special guarantees
- Canada YJS should command respect, be considerate of victims, foster responsibility/accountability and effective rehab, + only reserve serious intervention for serious crimes thereby reducing incarceration for non-violent young persons
The declaration of principle of the YCJA is located in which section? Pls describe the function of (a)(b)(c)(d)?
S. 3 (I)
(a) YJS is intended to (i) address underlying causes (ii) rehabilitate/reintegrate (iii) ensure meaningful consequence - in order to promote long-term protection of public
(b) crim justice system for youth must be separate from that of adults and emphasize (i) rehab/rehib, (ii) proportionate accountability given teen brain (iii) enhanced procedural protection, (iv) timely intervention (swift and sure) (v) promptness and speed (swift and sure)
(c) within the limits of proportionate accountability, measure taken against youth should (i) reinforce respect for social values (ii) encourage repair of harm done to victims/community (iii) be meaningful for individual y/a and (if possible) involve family/community/other agencies (iv) respect protected demographics
(d) special considerations apply in respect of proceedings against young personals and, in particular: (I) have rights and freedoms and special guarantees of rights and freedoms (ii) victims treated with courtesy/compassion + minimum degree of inconvenience (iii) victims provided with information about proceedings and given opportunity to participate/be heard (iv) parents informed of measures/proceedings involving their kids/encouraged to support them
Under which YCJA section is the purpose/principles of sentencing outlined? what are they?
Hint: JS is the MC of the PR&R fest at LTPofP
s. 38
(I) Purpose of sentencing under s. 42 (youth sentences) is to hold Y/A accountable for an offence through the imposition of JUST SANCTIONS that have MEANINGFUL CONSEQUENCES for the Y/A and that PROMOTE REHAB AND REINTER, into society thereby contributing to the LONG TERM PROTECTION OF PUBLIC
Define offence per s. 2 of the YCJA? What does s. 14(1) do?
s. 2
Offence = offence created by act of parliament or by any regulation, order, by-law or ordinance made under an Act of parliament other than an ordinance of the NS territories or a law of the legislature of Yukon or the legislature for Nunavut
s. 14(1)
sets up jurisdiction of youth court to deal with crimes committed by youth or those who were in their youth at time of crime
What is provincial offence? does youth court deal with them?
Offence under provincial laws such as The Traffic Safety Act or the Gaming Regulation Act
NO, only federal (criminal code or controlled drugs and substances)
Name the highlighted offences created by the YCJA and their associated s. #?
Hints: Probe, MUM!, skidaddle + breach whale, shush, yale
s. 137 - breach probation
s. 27(4) - failure of parent to attend court
s. 136
- inducing young person to unlawfully leave jail
- inducing or causing a breach of probation
s. 238 - unauthorized disclosure of info
s. 139(3) - asking a person on an employment application whether they have a record
What is the ONE instance during which a YJC judge is a federal judge (superior court option)?
s. 13(2) - y/a elects to be tried by judge (as defined by s. 552 CC) without a jury or if it is an offence set out in s. 469 CC (murder, treason etc.)
s. 13(3) - same but with election for a jury trial
What is a peace bond? when can a peace bond be instated?
s. 14(2) - signed promise to keep the peace and have good behavior
YCJ court can make order under s. 810, 810.01 and 810.02 of the CC. If y/a fails to enter into recognizance, court may impose sanctions set out in sub s 42(2) (youth sentences), except that, in the case of an order under paragraph 42(2)(n) (custody and supervision order), it shall not exceed thirty days.
Which s. #sets out age jurisdiction and what is the language?
What about s. # if 18 or older and committed crime in youth range?
What does s. 148(1) allow as admissible around verifying age?
s. 2 - Y/A = person who is, or, in the absence of contrary evidence, appears to be twelve years or older, but less than 18 years old, and, if context requires, includes people charge under act of having committed offence when they were under 18
s. 14(5)
s. 148 (1) testimony of a parent as to the age of a person of whom he/she is a parent is admissible as evidence of the age of that person
(2) (a) birth/baptismal certificate of it purporting to be certified under hand of person in whose custody those records are held is evidence of age
(b) other reliable docs (CAS)
What happens/what section is applied when court officials are unsure when an offence occurred?
Offence during period that includes the date on which person attains age of 18, YJC has jurisdiction in respect of the offence and shall, after putting the person to their election under s. 67 (adult sentence) if applicable, and on finding the person guilty of the offence:
(a) younger than 18 - sentenced as youth
(b) - older than 18 - any CC sentence is available
(c) - if ambiguous, then youth
What is contempt of court/what is the related s. #? How does sentencing for contempt of court work?
Disobedience of an order of a court, conduct tending to obstruct or interfere with the orderly administration of justice
s. 15(1) every YCj court has the same power, jurisdiction and authority to deal with and impose punishment for contempt against the court as may be exercises by the Sup court of criminal jurisdiction of prov in which court is situated
(2) every YCJ has jurisdiction of every contempt of court committed by a y/a,
(3) ditto but… nothing in this subsection affects the power, jurisdiction or authority of any other court to deal with or impose punishment for contempt of court.
(4) Guilt = may impose as a youth sentence any one of the sanctions set out in subsection 42(2) (youth sentences), or any number of them that are not inconsistent with each other, but no other sentence
