The Rights of Youth under the YCJA

Question 1

What are extrajudicial sanctions?

Answer 1

Alternative measure programs open to youth convicts who are deemed unlikely to reoffend – 93% of youth involved in alternative measures programs are first-time offenders

Question 2

What do extrajudicial sanctions entail? (5 points)

Answer 2

1. Similar to adult diversion programs that are designed to work outside of the court system
2. Designed to help youth learn from their mistakes before they get a criminal record
3. Include community service, counselling, drug and alcohol treatment, and special school programs
4. Youth must admit involvement/accept responsibility in the offence committed in order to partake in extrajudicial sanctions
5. Youth who successfully complete these programs have charges dropped

Question 3

What is arrest and detention?

Answer 3

The police’s obligation to arrest youth for serious offences

Question 4

To what rights are youth offenders entitled amid arrest and detention?

Answer 4

1. The right to obtain a lawyer or have a parent present during questioning
2. The right to apply to be released from custody (the right to a bail hearing)
3. The right to a fair trial

Question 5

What are the 5 terms associated with detention (detainment) and bail (release) for youth?

Answer 5

1. Youth at risk of reoffending are sent to a foster home or placed under house arrest
2. Ideally, youth offenders should be held separately from adult offenders
3. Youth can only be fingerprinted and photographed when charged with indictable offences
4. Victims, schools, and police are the only parties who have access to youth justice court records
5. The media can report on youth trials but cannot publish the name of the offender – disclosing the name of the youth could ruin their reputation and their chances of leading a normal, crime-free life

Question 6

What is notice to parents, and what does it entail?

Answer 6

Parents must be notified as soon as possible after their child is detained or arrested, and they are encouraged to be present during legal processes

If their child is found guilty, parents must be given the opportunity to provide input prior to sentencing

A judge can order parents to attend hearings

Any parent who promises the court to supervise a youth in their case and fails to carry out their duties can face criminal charges