Unit 2: Issues For Canadians

Question 1

Define just society

Question 2

What is the the Youth Criminal Justice Act (YCJA)

Answer 2

• april 1, 2003

- allows counselling and community service as punishment, lesser con sequences

Question 3

What is the Criminal Code of Canada

Answer 3

Applies to all adults and youth 14 or older who commit serious crimes
Defines consequences to those applicable

Question 4

What is an Advocacy group

Answer 4

• AKA special interest group or pressure group

- try to solve underlying reasons for crime

Question 5

What are two advocacy groups

Answer 5

John Howard Group:
- supports all people

Elizabeth Fry Group:
- only supports women and girls

Question 6

What is an Adult Sentence

Answer 6

• can be given to those 14 or older who have committed serious crimes. Ex. life sentence for murder

Question 7

Define fair and equitable

Answer 7

• proper balance of conflicting interests and impartial

- Justice is supposed to be fair and equitable for everyone

Question 8

What is the difference between trial by judge and trial by judge and jury

Answer 8

trial by judge:
Judge decides the consequences for the offender

trial by judge and jury:
Judge helps will the trial, jury makes final decision
Must be unanimous.
Only for more serious crimes

Question 9

What is Community service

Answer 9

Voluntary work, used as a punishment for more minor crimes to avoid jail time and fines for minors

Question 10

What is a jury

Answer 10

• 12 people chosen who have sworn to give a verdict on a legal case based only on the evidence

Question 11

How do elders relate to this chapter

Answer 11

• Represent the FNMI perspective

- Bring in their culture, traditions, language etc.

Question 12

Define restitution

Answer 12

Recompensing for injury or loss

a form of punishment for minors

Question 13

Define hardship

Answer 13

Suffering or privation

if a jury member can prove that it will cause them undue hardship, they don’t have to go

Question 14

Define Sequestered

Answer 14

isolated and hidden away

jury members are isolated until they come to a decision. This is to prevent any other information from creating a bias

Question 15

What are potential sentences that youth can face

Answer 15

If not charged by police:

• verbal warning
• formal letter to parents

Charged by Police for minor crime:

• Sent to program w/ youth justice committee/sentencing circle/social workers etc.
• If not completed, goes to court
• Judge either tells youth to complete program, community service, counselling, prison, given criminal record or restitution

Question 16

What factor are considered before passing sentence

Answer 16

• seriousness of the offence (violent or not violent)
• History (with crime)
• Attitude of youth
• Circumstances of youth

Question 17

What rights do youth have when charged

Answer 17

• remain silent
• speak to lawyer, parent or guardian
• have your parents during questioning
• have a lawyer if you go to court

Question 18

What are they key differences between Criminal Code of Canada and the Youth Criminal Justice Act

Answer 18

Criminal Code of Canada:
- deals with adults
- court is normal consequence for crime
- Adult sentences can include prison for a long time or some crimes
- allows names to be published
Creates criminal record for offenders

Youth Criminal Justice Act:

• 12-17 years old
• consequences can include counselling and community service
• No adult sentences 12-14
• protects privacy of youth
• most avoid criminal record

Question 19

When might youths be treated as adults

Answer 19

• 14 and older

committed a serious crime

Question 20

What is the perspective of the Justice Minister

Answer 20

Anne McLellan:
youth should not be treated the same as adults. Youth are still developing, and therefore able to change.

All youth should know that their negative actions with have consequences for them.

Young people should contribute to the YCJA, no matter their background

Question 21

What is the perspective for Aboriginal Justice

Answer 21

The YJCA allows some traditional Aboriginal customs to be used for sentences. Elders usually play a vital role in these. they often bring in their culture, traditions, values and language.

Question 22

What are the Youth Crime Statistics

Answer 22

Since the introduction of the YCJA, there has been a significant decrease in youth charged in canada.

Question 23

What is the role of the Police

Answer 23

The police enforce the law by choosing whether or not to charge a youth. This can effect the consequences of the crime.

Question 24

What is the Judicial Process

Answer 24

when a youth who has broken the law is found by the police, they can either be charged, given a formal warning or a verbal warning.
If charged, a prosecutor can either send them to a program, or send them to court where those who commit serious crimes go. If they don’t complete the program, they go to court. In court a judge can decide of their sentence, it could be anything from community service to jail time and a criminal record.

Question 25

What is the system for jury selection and trial proceedings

Answer 25

Jury selection:

• 18 or older
• Canadian Citizen
• no criminal record
• must do jury duty unless they can prove that it will cause undue hardship

Trial Proceedings:
- Jury selection, only those approved by both the prosecution and defence
- swear an oath to do their duty
- listen to all the evidence
- take a vote, deliberate on case
- vote must be unanimous, if not hung jury
-

Question 26

What are options for Judges when dealing with youth

Answer 26

• Community service
• counselling
• prison
• criminal record
• restitution