chapter 10: youth criminal justice act

• old & new

  • a youth criminal is a person who is 12-17 years old and is charged with an offence under the current Youth Criminal Justice Act (YCJA)
  • a young offender was a person aged 12-17 who was charged with an offence under the previous Young Offenders Act (YOA)
  • a Juvenile Deliquent was a young person from aged 7 or older who was charged as a young offender or youth criminal under the historic Juvenile Deliquents Act (JDA)
• Juvenile Deliquents Act

  • until 1800s, there was no distinction between how adults and youth were treated by the law
  • in 1892, the Criminal Code was amended to try children separately from adults
  • in 1908, the federal government passed the Juvenile Deliquents Act
  • the age limit under the JDA ranged from 7-16 or 18 years old (depending on the province)
  • youth who committed crimes were treated as "deliquents," not criminals; focus was to rehabilitate, not punish them
  • legal rights of juveniles were mostly ignored and as a result, their sentences were often unfair and inconsistent
• Young Offenders Act

  • it officially replaced the Juvenile Deliquents Act in 1984
  • the minimum age changed from 7 to 12 and the maximum age was set at 17 in every province and territory
  • the YOA recognized the rights of youth as guaranteed in the Canadian Charter of Rights and Freedoms
  • common criticisms of the YOA included:
  • being too soft on young offenders
  • not properly addressing serious and violent offences
  • lacking a clear philosophy on youth justice
• Youth Criminal Justice Act

  • the Young Offenders Act was replaced by the Youth Criminal Justice Act (YCJA) in 2003
  • a number of changes were introduced in the YCJA, starting with a Declaration of Principle, which states that the purpose of the youth criminal justice system is to:
  • present crime by find out what causes youth to offend in the first place
  • rehabilitate youths and reintegrate them into society
  • ensure they are given meaningful consequences for their actions
  • promote the long-term protection of the public
• changes in the Youth Criminal Justice Act

  • the age at which a youth criminal could be tried as an adult for very serious, violent crime was lowered from 16 to 14 years
  • judges could impose adult sentences for violent crimes committed by youth and publish the offenders' names
  • less emphasis on custody and more emphasis on alternative sentencing options for minor and non-violent offences
  • increased community supervision for youth criminals who have served time in custody
• diverting youth from crime

  • custody is only used for youth criminals if they are repeat offenders or if they have committed a very serious crime, usually involving violence:
  • alternating sentencing options include:

  1. extrajudicial measures: non-violent, first-time youth offenders avoid trial and participate in diversion or community programs; under the YOA, there were called alternative measures programs
  2. extrajudicial sanctions: a more serious punishment for a youth criminal that does not create a criminal record; also avoid a trial
• arrest & detention

  • similar to adults, young people in Canada have legal rights as guaranteed by the Charter of Rights and Freedoms
  • however, youths are provided extra protection and additional rights (section 25)
  • young people who are being arrested must be informed of their rights in words or language that they can understand
  • in addition to having a right to counsel upon being arrested or detained, young people also have the right to have a parent/guardian
• searches

  • similar to adults, police may search a youth if they have reason to believe the youth has drugs, alcohol, or a weapon on their person
  • a youth will also be searched if they are in the process of being arrested
  • in the case of R. v. M., 1998, the Supreme Court ruled that a school authority, such as principal, may search a student if they have reasonable grounds to believe that student has breached school regulations
  • reasonable grounds include: information from credible students and a teacher's observations
• detention & bail

  • youths have the same rights as adults when it comes to posting bails
  • terms for youth bail usually include curfews, adult supervision, and forbidding contact with people, like the victim and certain friends
  • most youth are not released without a surety - someone who posts their bail and agrees to supervise them until their trial
  • accused youth who are thought to be dangerous or likely to skip their trial may be sent to a foster home: the home of an existing family where a young person is placed to be cared for an rehabilitated
• parents

  • if a young person is arrested, their parents or guardians must be notified as soon as possible
  • parents are encouraged to be present during each step of the legal process for their child
  • a judge may also order parents to appear at a hearing or the trial
  • if the youth is found guilty, the parents have an opportunity to provide input before their child is sentenced by a judge
• trial procedures

  • under the YCJA, an accused youth may be tried in a youth or family court
  • trials for youth follow the same rules of evidence and formality as adult trials
  • under the YCJA, the names of accused youth will not be published unless they are convicted of very serious, or presumptive offences, such as murder or aggravated assault
  • all youth trials are held in a youth trial
  • the maximum sentence for youth (not tried as an adult) is 10 years of secure custody for first degree murder
• youth sentencing

  • under the YCJA, the principles of sentencing are:

  1. to hold offenders accountable for their behaviour
  2. to consider victims' needs and concerns
  3. to impose appropriate sanctions while emphasizing rehabiliting and reintegrating offenders into society while protecting society at the same time
• youth sentencing

  • before sentencing a youth criminal, the judge reviews a youth pre-sentence report, which may include
  • interview with the youth, parents, and victim
  • history of the youth's criminal record
  • character information of the youth
  • school records
  • medical or psychiatric information
  • youth's attitude toward the crime
• sentencing options

  • in addition to custody, a judge has many options on how to sentence a convicted youth that are similar to adult sentences
  • common sentences include:
  • absolute discharge
  • restitution or compensation
  • community service
  • fines (maximum fines for youth is $1000)
  • probation
  • convicted youth criminals may also be ordered to participate in police or community-based programs so their interactions with the police can become more positive
• probation orders

  • standard conditions for a youth placed on probation differ from adult probation; there conditions often include:
  • attending school regularly
  • reporting a curfew
  • remaining at home with parents/guardians
  • staying away from shopping malls/stores
  • performing personal or community service
  • not using alcohol or drugs
• custody

  • this is the most serious type of sentence that a judge can give a youth criminal
  • this is used as a last resort by judges which they believe that alternative sentencing options will not work
  • a judge will sentence a youth criminal this if the youth:
  • has committed a violent crime and needs supervision
  • fails to comply with earlier less serious sentences
  • there are two types of this: open and secure
• open custody

  • youth criminals who require structure and supervision but who are not considered very dangerous may be sentenced this
  • this type of custody usually involves sending a convicted youth to group home, which accommodates several youth criminals for a set period of time period, or a foster home, in which the youth lives with another families
  • group homes are operated by trained staff
  • foster parents receive money from the provincial government for providing a foster home
• secure custody

  • this is the most serious type of custody in which the convicted youth's freedom is completely restricted
  • this type of custody facilities generally have barred windows and locked doors; some are located in separate wings of adult jails
  • this sentence is given to convicted youth who have been convicted of very serious and violent crimes, and/or youth who are considered potentially dangerous and a threat to the public
• appeals & reviews

  • the Criminal Code provides youths and adults with the same rights to appeal their sentences
  • under the YCJA, a review may be requested by the youth, their parents, or provincial authorities
  • if a youth criminal is sentenced to secure custody, their sentence is automatically reviewed annually; a judge may decide to decrease a sentence upon this review but cannot increase it