LAW CH 10

• YCJA


  Youth Criminal Justice Act
• YCJA


  • Treats youth differently from adults because of their level of dependency, maturity and development
• Meaningful consequences


  Things done to help youth understand the implications of their actions and to fix the harm done to others
• Measures to deal with youth crime

  Should aim for rehabilitation, reintegration, and meaningful consequences
• Keeping people in custody has been shown not to be the best approach for rehabilitation</b>
• Extrajudicial measures and extrajudicial sanctions


  Designed to solve problems and keep young people out of the court system by having them take responsibility for their actions and, where appropriate, take other action such as to apologize, to attend counselling, to make restitution, among others
• Restorative justice


  Those involved in a crime - victims, victims' families, youth who offend and the community - are encouraged to reconcile, restore and repair relationships and situations
• Rehabilitation


  Young offenders must take steps to address some of their problems. Young people are less set in their ways and they are more likely to respond to treatment programs and to be successfully rehabilitated and become law-abiding citizens
• Reintegration


  The youth must learn to fit back into his/her community. All custodial sentences will include a period of supervision in the community following the period of custody. Reintegration planning will be required for all youth in custody
• The convicted youth would have a criminal record for up to five years after completing their sentence or ten years if a violent offence
• A convicted youth may not be able to travel to another country or secure certain types of employment if they have a record
• Youth have "due process" rights which include the right to be heard and take part in processes that affect them and special guarantees of rights and freedoms under the Canadian Charter of Rights and Freedoms
• Parents and guardians are told if their child commits a crime. They are asked to come to court to prove the age of their child
• Youth aged 12-17 who commit offences are treated differently than adults
• The objectives of the youth justice system are crime prevention, rehabilitation and reintegration, and meaningful consequences
• For minor or first offences, Crown counsel might use extrajudicial measures or extrajudicial sanctions instead of proceeding with a criminal charge
• You do not have to give the police officer your name and address if you are just walking
• You do not have to give the police officer your age, but it is a good idea to do so as it lets the officer know that you are a youth
• You can be detained (held by police) for a short period of time if a police officer or other person believes you may be involved in a crime
• If you ask, "Am I free to go?" and the police officer says no, you are being detained
• If you are under arrest, and the police ask, you must tell them your name and address
• If you are arrested you have rights that the police should tell you about: the right to talk to a lawyer before you say anything to police, the right to talk to your parents or guardian before you say anything to police, and the right to have a lawyer and your parent(s) or another adult with you if the police question you
• If you are the driver, you must give the police officer your name and address. Also, you must show the police officer your driver's licence, car registration, and insurance
• A passenger in a car does not need to give their name and address if the car is stopped for a driving matter, unless the passenger is involved in a seatbelt violation or there is evidence of another crime
• Youth criminal


  A person who is 12–17 years old and is charged with an offence under the current Youth Criminal Justice Act (YCJA)
• Young offender


  A person aged 12–17 who was charged with an offence under the previous Young Offenders Act (YOA)
• Juvenile delinquent


  A young person from the age of 7 or older who was charged as a young offender or youth criminal under the historic Juvenile Delinquents Act (JDA)
• Juvenile Delinquents Act


  1. Until the 1890s, there was no distinction between how adults and youth were treated by the law

  2. In 1892, the Criminal Code was amended to try children separately from adults

  3. In 1908, the federal government passed the Juvenile Delinquents Act (JDA)

  4. The age limit under the JDA ranged from 7 to 16 or 18 years old (depending on the province)

  5. Youth who committed crimes were treated as "delinquents," not criminals; focus was to rehabilitate, not punish them

  6. Legal rights of juveniles were mostly ignored and as a result their sentences were often unfair and inconsistent
• Young Offenders Act


  1. The Young Offenders Act (YOA) officially replaced the JDA in 1984

  2. The minimum age changed from 7 to 12 and the maximum age was set at 17 in every province and territory

  3. The YOA recognized the rights of youth as guaranteed in the Canadian Charter of Rights and Freedoms

  4. 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

  1. The Young Offenders Act was replaced by the Youth Criminal Justice Act (YCJA) in 2003

  2. 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: prevent crime by finding out what causes youths 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 YCJA

  • The age that a youth criminal could be tried as an adult for very serious, violent crimes 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

  1. Custody is only used for youth criminals if they are repeat offenders or if they have committed a very serious crime, usually involving violence

  2. Alternative sentencing options include: Extrajudicial measures - non-violent, first time youth offenders avoid trial and participate in diversion or community programs, Extrajudicial sanctions - a more serious punishment for a youth criminal that does not create a criminal record; also avoids a trial
• Extrajudicial measures and sanctions

  • Counselling
  • Education programs
  • Community service
  • Official apologies
  • Caution letters
  • Restitution or compensation
  • Social skills improvement
  • Essays or presentations
  • Charitable donations or personal service
• Arrest and Detention


  • Young people in Canada have legal rights as guaranteed by the Charter of Rights and Freedoms
  • Youth 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 present
• Searches


  • Police may search a youth if they have reason to believe the youth has drugs, alcohol, or a weapon on his or her person
  • A youth will also be searched if he or she is in the process of being arrested
  • A school authority, such as a principal, may search a student if he or she has "reasonable grounds" to believe the student has breached school regulations
• Detention & Bail


  • Youths have the same rights as adults when it comes to posting bail
  • 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
• Parents


  • If a young person is arrested, his or her 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 court
  • The maximum sentence for a youth (not tried as an adult) is 10 years of secure custody for first degree murder
• Principles of sentencing under the YCJA

  • To hold offenders accountable for their behaviour
  • To consider victims' needs and concerns
  • To impose appropriate sanctions while emphasizing rehabilitating 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: interviews with the youth, parents, and victim, history of the youth's criminal offences, character information on the youth, school records, medical or psychiatric information, youth's attitude toward the crime