Youth Criminal Justice Act (C2) Flashcards
What is justice?
The application of laws (to maintain the internal stabilities of society not related to prices unless fraud/theft, e.g. famine could occur and prices go up but you can’t convict anyone while society still destabilizes)
What is a justice system?
The institutions and procedures of applying law in a society
What does “fair and equitable” mean?
Govern by rules that apply to everyone but also take individual circumstances into account
Why is justice “blind” in Canada?
To promote impartiality and remove prejudice from the process of justice enaction
Legislation
Laws created by the legislative process
Validity
Reliability based on critical assessment
What are the rights you have when arrested?
To remain silent, to speak to a lawyer/parent/guardian, to have parents with you during questioning, to have a lawyer if you go to court
What is the Youth Justice Committee?
A group of volunteers from your community that connects with everyone (family, victim, etc.) to provide a just charge for the offence
What is community service?
Help in the community (unpaid) performed as part of a sentence (a sentence option) e.g. food bank, clean-up, renovations, etc.
Criminal Record
Permanent record of breaking the law, which is public info. It can bar you from working at certain jobs and prevent you from traveling abroad. (Convicted)
Sentence
The consequence of committing a crime (e.g. imprisonment); determined by court/law
Rehabilitation
Restoring someone to health or a normal life after a sentence (counselling/therapy), often improving their behaviors/attitudes.
Reintegration
Reintroducing someone back into society (to make part of again) by providing skills and knowledge
What is the requirement of due process?
The requirement that legal matters be resolved according to established rules/laws in society
How is youth justice different from adult justice?
- Youth Criminal Justice Act vs Criminal Code of Canada
- 12 to 17 vs adults
- Youth offenders can have non-court-based sentences (e.g. community service) while adults must go to court
- YCJA prohibits adult sentences for ages 12-14 and only uses adult sentences on serious offences 14-17
- Media ban for youth while publication of crime for adults
- Allows youth to avoid criminal record while adults cannot
What is the process of a youth offender through the YCJA if the youth is charged?
If serious, go to court (+judge), either sentence or community service, if does not complete goes back to judge
What happens to the youth offender if they are charged but the case is not serious?
If not as serious/violent, go to prosecutor then either court or YJC, after that same logic (do community service or sentence, if community service not done then go back to court)
What happens to the youth if they are not charged?
Program, then community service
Prosecutor
A lawyer who uses evidence to prove that someone has broken the law
Who was the Minister of Justice when the YCJA was established?
Anne McLellan
What is the media ban?
A law that protects young offenders from being exposed by media (protects youth’s future from being completely tarnished)
What factors determine the severity of the consequences youth offenders face?
- Seriousness of crime (e.g violent vs non-violent)
- Recidivism
- Attitude of offender (remorse or no?)
- Offender’s background (e.g. abuse)
What are the objectives of the YCJA?
- Prevent crime by addressing certain underlying behaviors of the youth (e.g. abuse)
- Rehabilitate and reintegrate youth offenders back into society
- Ensure youth offender is subject to meaningful consequences in order to protect society
- Treat youth different from adults due to them having different levels of maturity
Colonialism
The process of establishing colonies, in which a region is claimed and governed by a country from another part of the world
How has the YCJA affected the rates of crime?
Decreased charged individuals due to introducing other forms of consequences
What are the Conservative Party’s views on the YCJA?
They believe it is too soft on youth offenders and want to strengthen the system and levy heavier punishments
Why do some First Nations people view Canada’s justice system negatively?
They view the justice system as a foreign form of governance imposed onto them by force, as an extension of colonialism
(Pragmatic Usage) How to read a political cartoon?
- What symbols does the cartoonist use? (e.g. what objects, what expressions, what setting, etc.)
- What situation does it show?
- What is the message the cartoonist is trying to convey to the reader? (e.g. “the jail doesn’t stop the young person” (literal), replace symbols with real things: “the YCJA can’t stop the young offender”)
What is a jury?
- Jury: 12 adults selected to vote on whether the defendant is guilty or not (Must be consensus (unanimous) or it is a mistrial)
- All Canadian citizens 18 or older can be called to jury duty (Jurors anonymous)
- If summoned, you must appear or fines/jail time unless hardship or bias (civic duty)
What are the conditions/responsibilities for a jury?
- Youths 14-17 with serious offences can choose to have a jury and a judge
- Anyone 18 or older who is a citizen is eligible to have a jury
- Employers must give you time off for jury duty but don’t have to pay you
- You must show up unless you can prove undue hardship/bias
Pros/Cons of the jury system
Pros: Eliminates judge singular bias, promotes civic engagement, allows for diverse points of view
Cons: Time consuming, expensive, need consensus, jurors lack legal experience, juror PTSD
Defence
Includes evidence that supports defendant is innocent, represented by the defence lawyer
Prosecution
Includes the evidence that supports defendant is guilty
Sequester
To remove from contact (Juries sequestered to ensure they only consider evidence provided in court)
What do justice advocacy groups do and what are some examples?
Organizations independent of the govt that provide public legal education (e.g. for the YCJA), solve underlying reasons for crime, work to reintegrate offenders. Examples: Elizabeth Fry Society (only women), John Howard Society (All)
What is restorative justice and how do Indigenous Elders participate?
- Restorative justice makes consequences meaningful instead of only punitive. (E.g. considering youth’s background)
- Indigenous youth may use restorative justice as a meaningful consequence (e.g. Elders counselling, sentencing circle, Indigenous traditions/practices, Gladue Report)
