Youth Justice

Question 1

Juvenile Delinquents Act (1908)

Answer 1

centered on a social welfare approach that gave judges considerable discretion to intervene in the lives of young offenders

Question 2

How were youth seen under the Juvenile Delinquents Act (1908)

Answer 2

• youth were seen as suffering from the lack of parental support, social guidance, and were need of intervention
• youth were sentenced with status offences - included offences only youth could get (ex. truancy - if you didn’t go to school)

Question 3

Philosophy of the JDA

Answer 3

parens patriae - parent of the country

Question 4

Youth Offenders Act (1984)

Answer 4

attempted to balance the protection of young offenders’ needs and legal rights/freedoms with the protection of the public, while ensuring young offenders would be held accountable

Question 5

Youth Criminal Justice Act (2002)

Answer 5

The current federal legislative framework for the youth justice system (ages 12-17)

Question 6

What two amendments under the conservative government in 2012

Answer 6

• required crown to proceed by way of adult sentences if individual was charged with serious indictable offence
• gave judge the requirement to life a publication ban and the offender would have to make an application for the publication ban to remain

Question 7

What are the 3-tiers to the YCJA ?

Answer 7

1. minimal or no interventions for minor offences
2. intermediate sanctions for offenders who are neither first-time offenders nor serious/violent offenders
3. possibility for adult sentences for serious/violent offences

Question 8

What does Minimal or no interventions for minor offences include?

Answer 8

• diversion, extrajudicial measures and extrajudicial sanctions
• happens with minor offences
• try and get individual dealt with substitution to formal justice

Question 9

Give an example of an intermediate sanction for neither first-time offender nor serious/violent crime

Answer 9

electronic monitoring

Question 10

Who has to made the case for the possibility for adult sentences

Answer 10

the crown

Question 11

Principles outlined in s. 3

Answer 11

1. the protection of the public
2. the use of a separate justice system for youth that is based on diminished blameworthiness
3. the use of fair and proportionate sanctions
4. the acknowledgement of due process protections for youth

Question 12

Due Process Protection

Answer 12

• age maturity considerations
• publication bans and confidentiality
• increase in reintegration of youth and rehabilitation

Question 13

Whats kinds of offences are most youth charged with?

Answer 13

most youth are charged with non-violent offences (71%)
- theft, administration of justice, break and enter

Question 14

Extrajudicial Measures

Answer 14

in youth justice, provide the police and Crown counsel alternatives to divert youth, who admit responsibility for less serious offences, from the formal youth court system at the pre-charge or post-charge stage; often involves referral to a community diversion program

Question 15

6 extrajudicial measures

Answer 15

1. taking no further action
2. police warning (informal)
3. police caution (formal)
4. referral (ex. behavioral programs, therapy, rehab, etc.)
5. Crown Caution
6. extrajudicial sanction - youth has to complete program to get rid of charge

Question 16

Extrajudicial Sanctions

Answer 16

• more serious offences
• in youth justice, a more formal type of EJM that can be applied outside of the formal court process for youth involved in more serious offences

Question 17

What do Extrajudicial Sanctions include?

Answer 17

• can include requiring the youth to attend counselling, make restitution to the victim, apologize to the victim, do community service, or participate in restorative justice program
• they must accept responsibility and voluntarily agree to participate
• parent/guardian must be involved
• used when a warning, caution or referral are not adequate

Question 18

What kind of role do parent’s play in the YCJA?

Answer 18

• for the most part, parent’s are bystanders to the court process
• should be encouraged to address the circumstances that led the youth to committing the crimes
• parents do not have to accompany the youth to court however it is kind of expected

Question 19

What are Youth Justice Committees?

Answer 19

community-based committees that sponser a variety of initiatives for youth in conflict with the law, including extrajudicial measures centred on restorative justice

Question 20

Youth Justice courts

Answer 20

• specialized specifically for cases involving youth
• at the provincial/territorial level
• can appeal, but have to go through the same process as adults do

Question 21

When is pre-trial detention not permitted?

Answer 21

• as a substitute for child protection, mental health, etc.
• when charged with a summary conviction offence and the trial has not commenced within 30 days, the youth is permitted to apply to have a trial for whether they should be released from pre-trial detention

Question 22

What is the reasoning for pre-trial detention?

Answer 22

it does not affect the likelihood of showing up or not showing up to court but is more so about the likelihood of committing another crime

Question 23

What are the three objectives when it comes to sentencing youth?

Answer 23

1. young offender accountability via measured proportionate to their offence and degree of responsibility
2. rehabilitation and reintegration of the young offender
3. crime prevention

Question 24

s.38(2) of the YCJA states what?

Answer 24

all available sanctions other than custody that are reasonable in the circumstances should be considered for all young persons with particular attention to the circumstances of Aboriginal youth

Question 25

According to the YCJA when is sentencing youth as an adult available?

Answer 25

- the individual is at least 14 years of age when crime was committed - the young person is found guilty of an offence for which an adult would be sentenced to two years or more - the presumption of diminished moral blameworthiness or culpability is rebutted - the sentence imposed is in accordance with the purpose and principles set out in YCJA - a youth sentence would be long enough to hold the youth accountable

Question 26

Who has the duty to persuade the court to sentence youth as an adult?

Answer 26

the crown - has to persuade the court that an adult sentence is justified and crown must give notice of this intent prior to trial

Question 27

if adult sentence is given, where is youth held?

Answer 27

- held in youth facility - can get transferred to an adult facility when youth turns 20 - is under the discretion of the provincial courts - are always going to be sent to provincial institution

Question 28

What are the two levels of custody?

Answer 28

1. secure custody facilities 2. open custody facilities

Question 29

Secure Custody Facility

Answer 29

- restrictions are continuously placed on young persons by physical barriers, close supervision and little access to the community - similar to adult institutions - funded by the provincial-territorial government

Question 30

Open Custody Facility

Answer 30

- several small residential facilities and a network of community homes; sometimes have access to community schools, recreation, employment and treatment - more common to be sentenced too - resemble group homes - funded by non-for-profits

Question 31

What are some examples of differences in experiences for boys and girls

Answer 31

- girls more likely to have higher pre-existing vulnerabilities, whereas boys have larger difficulties re: institutional environment - girls more likely to have mental health problems, through high rate for incarcerated youth - girls more likely to be physically/sexually abused and have contact with child welfare system, though trauma and family dysfunction high for young offenders

Question 32

Youth Record

Answer 32

any document that connects a youth to a case in the youth justice system

Question 33

What is an access period?

Answer 33

- the specific period of time where the youth record remains accessible - have to get permission from judge to access the document if you're not youth or lawyer of youth - likelihood of gaining document is rare

Question 34

What does the access depend on?

Answer 34

the type of offence and whether additional crimes are committed

Question 35

What are the access periods for summary offences, indictable offences and EJS?

Answer 35

- summary : 3 years after the completion of the sentence - indictable: 5 years after the completion of the sentence - EJS: 2 years after the completion of the program

Question 36

Are youth records automatically destroyed when youth turns 18?

Answer 36

- no - can be attached to an adult record if a new offence is committed during the access period (under judge's discretion) - youth sentenced as an adult have an adult criminal record (stays for life)