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The Youth Criminal Justice System 327 Looking Back Youth Criminal Legislation: a Brief History The Youth Criminal 1100 Justice System What You Should Know Selected Key Terms • How do the Juvenile Delinquents alternative measures presumptive offence Act, the Young Offenders Act, and program young offender the Youth Criminal Justice Act extrajudicial measure differ? How are they similar? Young Offenders Act (YOA) foster home • How are young people treated youth criminal differently from adults when group home Youth Criminal Justice Act they break the law? juvenile delinquent (YCJA) • What options are available to the police in dealing with PoliceP report that rate of youths charged young non-violent, fi rst-time offenders? with criminal offences declines 26% • What are a youth criminal’s legal rights? • What options are available Teen gets 10 years to judges in sentencing youth criminals? Fewer • When is custody an for killing family appropriate sentence for a youth criminal? youth in court Chapter at a Glance and in 10.1 Introduction YOUTH HOMICIDES UP 10.2 The Youth Criminal Justice Act custody 10.3 Legal Rights of Youths 3 PERCENT IN 2006 10.4 Trial Procedures school over a cecellphone 10.5 Youth Sentencing Options Grade 11 teen stabbedbb d att school over a cellphone Violent crimes committed by youth receive increased media attention, as refl ected in these headlines. 332626 Unit 2 Criminal Law NEL 10.1 Introduction Activity Youth crime is a hot topic in Canada, and just about everybody has an To learn more about opinion on it. The headlines on page 326 present confl icting views on youth youth crime statistics, crime. Most suggest youth crime is on the rise, yet Statistics Canada recently Go to Nelson released fi gures that provide a different picture. Although certain crimes have Social Studies increased, the overall rate of youth crime in 2006 was 6 percent lower than a decade earlier. It was 25 percent lower than in 1991 (see the graph below). Youth Crime in Canada (ages 12–17), 1997–2006 Which youth crimes have increased since 97 1997? Which crime 100 91 has decreased the most? Can you think of any reasons why 75 certain crimes have increased and others have decreased? 50 41 25 12 Theft over $5000 Heroin charges Breaking and entering All property crime Sexual assaults young offender a person aged 0 12 to 17 years old inclusive who breaks the law, as defi ned under –8 the Young Offenders Act Percent increase/decrease Percent –25 youth criminal a person who is Homicides –34 12 to 17 years old inclusive who is charged with an offence under All violent crime the Youth Criminal Justice Act –50 All drug offences –47 Cannabis charges –54 –61 juvenile delinquent the historic term for a young offender or –75 youth criminal Youth Criminal Justice Act (YCJA) current federal legislation What to do with young offenders, or youth criminals (historically known that governs youth crime as juvenile delinquents), and how they should be dealt with by our criminal justice system is often debated by politicians. When Prime Minister Stephen Harper’s Conservative government came into power in January 2006, it lob- Did You Know? bied for harsher sentences for youths. This was an effort to cut down on vio- According to Statistics lent crime and repeat offenders. The government argued that these measures Canada, the number of would be a deterrent to youth criminals. In November 2007, the government teenagers accused of introduced Bill C-25, with amendments to the Youth Criminal Justice Act homicide in 2006 reached (YCJA). It provides for tougher sentences for violent crimes and allows courts the highest point ever. to consider general deterrence as a youth sentencing objective. (Remember Youth homicide still accounts for just 0.05 from Chapter 9, page 294, that the Supreme Court had decided in R. v. B.W.P.; percent of youth crime. R. v. B.V.N., 2006, that general deterrence is not a basis for youth sentencing.) NEL Chapter 10 The Youth Criminal Justice System 327 Looking Back Youth Criminal Legislation: A Brief History In 1910, teenagers and men had to “break stones for breakfast” in a house of industry. These institutions — also known as poorhouses — were feared by homeless and impoverished youths. Until the 1890s, there was no clear distinction in province. The act recognized that young people Canadian criminal law between youths and adults. who broke the law were misguided and misdi- Children who broke the law were brought to trial rected “juvenile delinquents,” not criminals. They in the same court adults were tried in. If convicted, were seen as victims of poverty, abuse, and neglect. they were punished as if they were adults. Early Their parents had failed to raise them well, so the prisons were dark, fi lthy, and overcrowded. Those state would take over training and controlling the who committed small crimes, women, and children delinquent. were placed with hardened criminals. Near the end The objective of the Juvenile Delinquents Act was of the nineteenth century, society realized that chil- to rehabilitate and reform, not to punish. Youths dren differ from adults in many ways and should be were not charged with specifi c offences but with treated differently. “delinquency.” The defi nition of delinquency was In 1892, Canada changed the Criminal Code so so broad that youths could be charged for breaking that children were tried privately and separately minor municipal bylaws. Charges could be made from adults. In 1908, the federal government passed for truancy (skipping school), coming home late, the Juvenile Delinquents Act. It was the fi rst legis- or loitering. Youths could also be charged for being lation to distinguish between child offenders and “sexually immoral.” The meaning of this fi nal charge adult criminals. It also created a separate youth was open to interpretation by trial judges. justice system. The age limit for a “juvenile” varied Not surprisingly, the legal rights of juveniles were from 7 to 16 or 18 years of age, depending on the mostly ignored. Juveniles seldom had lawyers in court. 332828 Unit 2 Criminal Law NEL LookingL Back (continued) YouthY Criminal Legislation: A Brief History Because there were no formal guidelines, sentencing was left to the judge’s discretion. Sentences ranged in severity from extremely lenient to incredibly harsh. A youth convicted of a minor offence could be sent to a training school for any length of time if the judge thought it was necessary to reform his or her delinquency. Staff decided when the delinquent was rehabilitated and could be released. As the years passed, it was evident that the act was no longer appropriate. It did not emphasize growing concerns for public safety or the feeling that young people should be held responsible for their behaviour or that youths were not truly being helped or reha- bilitated. The need for reform was obvious. During the 1970s, Parliament made several attempts to write new legislation. The Young Offenders Act (YOA) was fi rst introduced in 1970. Over the next 10 years, revisions were made to the YOA because of provincial and international criticisms. In July 1982, the governor general gave royal assent to the YOA. However, it did not come into effect until April 1, 1984. The delay allowed the provinces to adjust their programs and services. The YOA attempted to make young offenders more accountable for their actions. It tried to protect society The Young Offenders Act tried to balance the legal to a greater degree from their criminal activity. The rights of youth with accountability. minimum age of a young offender was raised from 7 to 12 years old. The maximum age was set at 17 in all provinces and territories. The act did recognize passed the Youth Criminal Justice Act (YCJA). It that young offenders should not be held to the same came into effect on April 1, 2003. It emphasizes the degree of accountability as adults. They should not rehabilitation and re-entry of young offenders/youth suffer the same consequences as adults, since they are criminals into society. The YCJA is the focus of the not fully mature and are still dependent on others. It rest of this chapter. also recognized the legal rights of youths as guaran- teed in the Charter of Rights and Freedoms. For Discussion However, the YOA was criticized for the following: 1. What were some of the criticisms of the • not properly addressing serious and violent Juvenile Delinquents Act? offences • an overuse of the court system 2. Why was sentencing young offenders to • being too soft on the offender training schools so controversial? • lacking a clear philosophy on youth justice in 3. What benefits did the Young Offenders Act Canada provide over the Juvenile Delinquents Act? Many Canadians thought the legislation was 4. What is the main emphasis of the Youth lacking. After several years of consultation, Parliament Criminal Justice Act? NEL Chapter 10 The Youth Criminal Justice System 329 A Century of Federal Legislation for Youth Justice Juvenile Delinquents Act Young Offenders Act Youth Criminal Justice Act Dates 1908–1984 1984–2003 2003– Philosophy Juveniles are not criminals, but Youths are less responsible for Tougher sentences prevent children who need guidance. crimes than adults. crimes, but rehabilitation is important. Ages covered 7–18, depending on province 12–17, inclusive 12–17, inclusive; youths 14 and older treated more like adults Youths’ rights no right to a lawyer must be advised of right to a must be advised of right to a lawyer lawyer Court/trial Charter of Rights and Freedoms Charter applies; hearings open; Charter applies; parents may procedures did not exist until 1982, so it publication ban on names; have to attend; hearings open; did not apply; hearings closed; transfer to adult court possible no publication ban on names transfers to adult court possible for offenders aged 14 and older for adult sentences, serious violent offences, or youths considered dangerous Sentencing Fine up to $25; placed in Many dispositions, including Many sentences, including foster home or in the care of closed and open custody; closed and open custody; up the government usual terms 2–3 years, but up to 10 years for fi rst-degree to 5 years for murder murder Key similarities and differences in youth justice legislation in the past 100 years You Be the Judge R.
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