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Canadian Law 10 Canadian Law 10 The Youth Criminal 90 Justice System Terms—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 90 Act (YOA). • A juvenile delinquent was 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). Canadian Law 40S R. Schroeder 2 Juvenile Delinquents Act • Until the 1890s, 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 Delinquents 90 Act (JDA). • The age limit under the JDA ranged from 7 to 16 or 18 years old (depending on the province). • Youth who committed crimes were treated as “delinquents,” 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. Canadian Law 40S R. Schroeder 3 Young Offenders Act • The Young Offenders Act (YOA) officially replaced the JDA 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 90 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 Canadian Law 40S R. Schroeder 4 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 90 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. Canadian Law 40S R. Schroeder 5 Changes in the YCJA • The YCJA brought in a number of changes: – 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 90 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. Canadian Law 40S R. Schroeder 6 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. • Alternative sentencing options include: 1. Extrajudicial measures: 90 non-violent, first time youth offenders avoid trial and participate in diversion or community programs. Under the YOA, these were called alternative measures programs. 2. Extrajudicial sanctions: a more serious punishment for a youth criminal that does not create a criminal record; also avoids a trial. Canadian Law 40S R. Schroeder 7 Extrajudicial Measures • Extrajudicial measures and sanctions include: – Counselling – Education programs – Community service – Official apologies – Caution letters 90 – Restitution or compensation – Social skills improvement – Essays or presentations – Charitable donations or personal service Canadian Law 40S R. Schroeder 8 Arrest and Detention • Similar to adults, young people in Canada have legal rights as guaranteed by the Charter of Rights and Freedoms. • However, youth are provided extra protection and additional rights (Section 25). • Young people who 90 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. Canadian Law 40S R. Schroeder 9 Searches • Similar to adults, 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. • In the case of R. v. 90 M., 1998, the Supreme Court ruled that 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. • Reasonable grounds include information from credible students and a teacher’s observations. Canadian Law 40S R. Schroeder 10 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 90 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 and rehabilitated. Canadian Law 40S R. Schroeder 11 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 order90 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. Canadian Law 40S R. Schroeder 12 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 90 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. Canadian Law 40S R. Schroeder 13 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 rehabilitating and reintegrating offenders into society while protecting society at the same time. • Before sentencing 90 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 Canadian Law 40S R. Schroeder 14 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 discharges – fines (maximum fine 90 for a youth is $1000) – restitution or compensation – community service – 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. Canadian Law 40S R. Schroeder 15 Probation Orders • Standard conditions for a youth placed on probation differ from adult probation. • These conditions often include: – attending school regularly – reporting to a probation officer – following a curfew 90 – remaining at home with parents/guardians – staying away from shopping malls and stores – performing personal or community service – not using alcohol or drugs Canadian Law 40S R. Schroeder 16 Custody • This is the most serious type of sentence that a judge can give a youth criminal. • Custody is used as a last resort by judges, when they believe that alternative sentencing options will not work. • A judge will sentence 90 a youth criminal to custody if the youth – has committed a violent crime and needs supervision. – fails to comply with earlier, less serious sentences. • In Canada, there are two types of youth custody: open and secure. Canadian Law 40S R. Schroeder 17 Open Custody • Youth criminals who require structure and supervision, but who are not considered very dangerous, may be sentenced to open custody. • This type of custody usually involves sending a convicted youth to a group home, which accommodates several 90 youth criminals for a set time period; or a foster home, in which the youth lives with other families. • Group homes are operated by trained staff. • Foster parents receive money from the provincial government for providing a foster home. Canadian Law 40S R. Schroeder 18 Secure Custody • This is the most serious type of custody in which the convicted youth’s freedom is completely restricted. • Secure custody facilities generally have barred windows and locked doors. Some are located in separate wings of adult90 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. Canadian Law 40S R. Schroeder 19 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, his or her parents, or provincial authorities. • If a youth criminal is90 sentenced to secure custody, his or her sentence is automatically reviewed annually (once a year). A judge may decide to decrease a sentence upon this review, but cannot increase it.
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