YJCA

Question 1

YJCA definition of child:

Answer 1

child is less than 12 years old

Question 2

CFSA definition of child:

Answer 2

Child is less than 18 years of age

Question 3

young person in YJCA :

Answer 3

between 12 years old and 18 years old.

Question 4

what is protocol when dealing with children under the age of 12 in the wps:

Answer 4

refer them/ get them into the turnabout program

use the turnabout form on niche

monitor and provide intervention

members will make referrals based on invest

`

Question 5

How can officers proceed under the YJCA?

Answer 5

Formal (court)

or

Non-formal (EJM’s)

consider EJM’s first***

Question 6

what is an EJM?

Answer 6

extra judicial measures

Question 7

The YJCA indicates that Police MUST consider EJM prior to starting a judicial proceedings, what are the benefits ?

Answer 7

1. Measures are often most appropriate
2. Effective and Timely intervention
3. Faster response to youth crime
4. hold young person accountable for the crimes that are not violent in nature, and have not previously found guilty of an offence

Question 8

Types of EJM’s?

Answer 8

Police measures (we have control)
and Crown sanctions (we don't have control)

Question 9

When do we NFPAR:

Answer 9

must be minor in nature

Dealt with prior to police involvement

No victim(s)

Victim does not want to proceed

No previous involvement

Young person displays good attitude

family stable

Restitution cannot be an issue

Question 10

When do we issue a police warning for youth?

Answer 10

1st offence common assault

Property crime , 5000$ (excludes SV)

Communication for the Purpose Prostitution

1st offence Arson (no risk to life)

Public mischief

Provincial statutes/ City- bylaws

Fraud

CDSA

Discretion of Sgt. Based on circumstances

RESTITUTION CANNOT BE AN ISSUE

Question 11

Your actions are considered a Disposition. That means:

Answer 11

you cannot change reopen the investigation and change the outcome once you decide to use a measure.

Question 12

Any admissions accepting responsibility by the young person as a condition of being dealt with by an EJM are:

Answer 12

inadmissible in civil or criminal court proceedings

Question 13

Youth Crown Measures:

Answer 13

Extrajudicial Sanctions (EJS’s)

Sanctions may be imposed by the Crown if Police cannot adequately deal with it by way of a Police Warning.

Sanctions are utilized when the young person cannot be adequately dealt with by way of Police Warning

(e.g. seriousness of the offence, nature or number of previous offences)

Question 14

Members that cannot deal with a young person by way of a Warning, but believe Sanctions would be appropriate, then;

Answer 14

1) follow existing arrest procedures

2) Add comment to your report, for the Crowns attention, indicating that Sanctions would be appropriate

Question 15

EJS: there are three types of sanctions that a youth Crown can utilize:

Answer 15

1) Crown Caution Letter
2) Referral to a Community Program
3) Community Justice Forum

Question 16

Serious offences:

Answer 16

these offences cannot be dealt by way of EJM or EJS

Serious Violent Offences

Young Person causes of attempts to cause serious bodily harm to someone - for which an adult is liable to imprisonment for more than two years

Tha MB Government has indicated that this may be either physical or mental, depending of the circumstances

Question 17

what is the extra thing we do when we arrest a youth person?

Answer 17

steps 1-5 are still the same, we just have to notify a parent or guardian.

Question 18

what is the youth waiver form?

Answer 18

used to inform young person, in writing, of the Police Caution and Charter of Rights.

Provides the young person with means of waiving their rights in writing.

Before anything said by the young person is admissible in court, they must waive their rights in writing.

Question 19

when do we complete a young person waiver form?

how many times do we do the young person waiver form?

Answer 19

every time we arrest a young person

every time the are C+C’ed

Question 20

Failing to show that the young person waived their rights or understood will lead to:

Answer 20

statements being inadmissible

Question 21

we ______ show that they had:

Answer 21

MUST , reasonable opportunity to consult a lawyer, parent, relative or other adult

Question 22

what must we do every time we arrest or charge a youth :

Answer 22

notify parents in writing or orally

it must be documented that we did so.

Question 23

CFSA Apprehension of a child in need of protection 21(1):

Answer 23

a peace officer who on reasonable and probable grounds believes that a child is in need of protection, may apprehend the child without a warrant and take the child to a place of safety where the child may be detained for examination and temporary care and be dealt with in accordance with the provisions of this Part.

Question 24

CFSA Entry without a warrant in certain cases 21(2):

Answer 24

a peace officer who on reasonable and probable grounds believes

(a) that a child is in immediate danger; or
(b) that a child who is unable to look after and care for himself or herself has been left without any responsible person to care for him or her;

may, without warrant and by force if necessary, enter any premises to investigate the matter and if the child appears to be in need of protection shall

(c) apprehend the child and take the child to a place of safety; or
(d) take such other steps as are necessary to protect the child.

Question 25

YDSA: Youth Drug Stabilization Act:

Answer 25

The act provides for the involuntary detention & short-term stabilization for young Manitobans (U-18) in the for of an Apprehension order

The act is a last resort when all other measures have been unsuccessful and where the youth is causing serious harm through “severe”, persistent abuse.

Question 26

YDSA apprehension order:

Must produce evidence to a JJP that a young person:

Answer 26

• Is abusing drugs severely & persistently
• Is likely to physically of psychologically deteriorate substantially as a result;
• Should be assessed by an addictions specialist to determine whether they should be detained at a secure facility to be stabilized

Has a consistently refused to agree to voluntary assessment, or has one or more unsuccessful intervention attempts

If the JJP is satisfied that the criteria are met he or she will issue the apprehension order

Once the order issued Police are then authorized to search for, apprehend and transport the youth to a stabilization facility

Once the youth has been assessed, a decision will be made to issue a Stabilization Order

Question 27

how might it look when we are conducting work under the YDSA?

Answer 27

Take youth apprehend under YDSA Apprehension Order to the stabilization facility currently at Macdonald Youth Services, 161 Mayfair Ave