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Whitehorse Youth Justice Panel

Whitehorse Youth Justice Panel. 2010. Government of Yukon. Youth Justice. Youth Probation. Youth Probation. Located at 305 Lambert Street, Whitehorse Provides an extrajudicial sanction program Coordinates the Whitehorse Youth Justice Panel

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Whitehorse Youth Justice Panel

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  1. Whitehorse Youth Justice Panel 2010

  2. Government of Yukon

  3. Youth Justice

  4. Youth Probation

  5. Youth Probation • Located at 305 Lambert Street, Whitehorse • Provides an extrajudicial sanction program • Coordinates the Whitehorse Youth Justice Panel • Supervises and case manages youth with community sentences, probation orders and custody & supervision orders

  6. The Youth Criminal Justice Act (YCJA) • New legislation introduced in April 2003, replaced the Young Offender’s Act • Provides a clear statement of goals and principles • Greater use of extrajudicial measures for less serious offences • Encourages the involvement offamilies, victims, and community members

  7. YCJA –PART 1 Extrajudicial Measures • PRINCIPLES AND OBJECTIVES

  8. Principles: • Extrajudicial measures are often the most appropriate and effective way to address youth crime; • Extrajudicial measures allow for effective and timely interventions focused on correcting offending behaviour; • Extrajudicial measures are presumed to be adequate to hold a young person accountable for his or her offending behaviour if the young person has committed a non-violent offence and has not previously been found guilty of an offence; and • Extrajudicial measures should be used if they are adequate to hold a young person accountable for his or her offending behaviour and, if the use of extrajudicial measures is consistent with the principles set out in this section, nothing in this Act precludes their use in respect of a young person who: has previously been dealt with by the use of extrajudicial measures; or has previously been found guilty of an offence.

  9. Objectives: • Extrajudicial measures should be designed to: a) Provide an effective and timely response to offending behaviour outside the bounds of judicial measures; b) Encourage young persons to acknowledge and repair the harm caused to the victim and the community; c) Encourage families of young persons – including extended families where appropriate - and the community to become involved in the design and implementation of those measures; d) provide an opportunity for victims to participate in decisions related to the measures selected and to receive reparation; and e) Respect the right and freedoms of young persons and be proportionate the seriousness of the offence.

  10. Sec. 10 - 1 An extrajudicial sanction may be used to deal with a young person alleged to have committed an offence only if the young person cannot be adequately dealt with by a warning, caution or referral mentioned in section 6, 7 or 8 because of the seriousness of the offence, the nature and number of previous offences committed by the young person or any other aggravating circumstances.

  11. Sec. 10 – 2An extrajudicial sanction may be used only if: a) It is part of a program of sanctions that may be authorized by the Attorney General or authorized by a person, or a member of a class of persons, designated by the lieutenant governor in council of the province; b) The person who is considering whether to use the extrajudicial sanction, is satisfied that it would be appropriate, having regard to the needs of the young person and the interests of society; c) The young person, having been informed of the extrajudicial sanction, fully and freely consents to be subject to it; d) The young person has, before consenting to be subject to the extrajudicial sanction, been advised of his or her right to be represented by counsel and been given a reasonable opportunity to consult with counsel; e) The young person accepts responsibility for the act or omission that forms the basis of the offence that he or she is alleged to have committed; f) There is, in the opinion of the Attorney General, sufficient evidence to proceed with the prosecution of the offence; and g) The prosecution of the offence is not in any way barred at law.

  12. Sec. 10 - 3 An extrajudicial sanction may not be used in respect of a young person who: a) Denies participation or involvement in the commission of the offence; or b) Expresses the wish to have the charge dealt with by a youth justice court.

  13. Sec. 10 - 4 Any admission, confession or statement accepting responsibility for a given act or omission that is made by a young person as a condition of being dealt with by extrajudicial measures is inadmissible in evidence against any young person in civil or criminal proceedings.

  14. Sec. 10 – 5 The use of an extrajudicial sanction in respect of a young person alleged to have committed an offence is not a bar to judicial proceedings under this Act, but if a charge is laid against the young person in respect of the offence, a) the youth justice court shall dismiss the charge if it is satisfied on a balance of probabilities that the young person has totally complied with the terms and conditions of the extrajudicial sanction; and b) the youth justice court may dismiss the charge if it is satisfied on a balance of probabilities that the young person has partially complied with the terms and conditions of the extrajudicial sanction and if, in the opinion of the court, prosecution of the charge would be unfair having regard to the circumstances and the young person’s performance with respect to the extrajudicial sanction.

  15. Sec. 10 - 6 Subject to subsection (5) and section 24 (YCJA), nothing in this section shall be construed as preventing any person from laying an information or indictment, obtaining the issue or confirmation of any process or proceeding with the prosecution of any offence in accordance with law.

  16. Sec. 11 and 12 11. Notice to Parent: If a young person is dealt with by an Extrajudicial sanction, the person who administers the program under which the sanction is used shall inform a parent of the young person of the sanction. 12. Victim’s right to Information: If a young person is dealt with by an extrajudicial sanction, a police officer, the Attorney General, the provincial director or any organization established by a province to provide assistance to victims shall, on request, inform the victim of the identity of the young person and how the offence has been dealt with.

  17. BACKGROUND OF YJP • This project is the result of extensive discussions among key players that play a major role in Yukon’s youth justice system • A steering Committee was formed from these discussions • A funding proposal was submitted to the Federal Government for a pilot project • In the fall 2000, a working group was formed • In early January 2001, members of the Youth Justice Panel began meeting • The panel began reviewing cases in March 2001

  18. STEERING COMMITTEE A steering committee was formed to oversee the YJ panel. The representatives are as follows: • Chief Territorial Judge • Territorial Youth Court Judge • Manager of Youth Justice • Chief Federal Prosecutor, PPSC • Executive Director of Skookum Jim Friendship Centre • Executive Director of Legal Aid • Supervisor of Youth Probation • Manager of Victim Services • RCMP Representative • Education Representative • CYFN Representative

  19. STRUCTURE OF PANEL Current YJP members: 1. Designated Crown Counsel 2. Designated Defense Counsel 3. Youth Probation Supervisor 4. Victim Services Representative (YG) 5. Crown Victim / Witness Coordinator (PPSC) 6. TanSakwathan Youth Diversion Program 7. Kwanlin Dun Justice Program Representative 8. Whitehorse EJS Program 9. Youth Representative (BYTE) 10. RCMP Representative 11. Dept. of Education Representative *YJP Coordinated by Youth Probation employee

  20. Role of the YJP Coordinator • Conduct Pre Panel Inquiry’s, set the YJP agenda • Chair the YJP meeting, take minutes • Follow up with YJP requests for guests, additional information etc. • Provides orientation to the YJP for new members and ongoing training to current members.

  21. YOUTH JUSTICE PANELGOALS • To increase referrals to Extrajudicial Sanctions • To reach more timely determinations of youth court matters • To reduce custodial sentences • To build better partnership among all youth justice key players • To enhance the capacity of family and community to share the responsibility for repairing harm from criminal activity

  22. STEP BY STEP PROCESSPre-Panel • Youth is charged with offence • Crown Counsel receives disclosure package from RCMP • Youth Justice Panel reviews docket for all First Appearances every Thursday morning prior to court in the afternoon • Youth appears in Youth Justice Court for first appearance and matters deemed appropriate for Pre-Panel Inquires adjourned for two weeks • A meeting is arranged with Defense Counsel to meet with young person and parents to review disclosure • Panel Coordinator meets with young person and family to conduct Pre-Panel Inquiry (YLS)

  23. STEP BY STEP PROCESSPanel Meeting • Offence and circumstances are presented to the panel members by Crown Counsel • Pre-Panel Inquiry summarized for members by Panel Coordinator • Victim representative comments on victim’s perspective • Defence counsel comments on young persons perspective • Panel members discuss recommendations for resolution, • Is the use of EJS appropriate? (Panel is made aware of Crown’s position) • IF CROWN SUPPORTS EJS, THE PANEL DISCUSSES • What agreement conditions are appropriate? (identified through youth / parents / PPI / offence) • Which EJS Program is most appropriate? • Timeframe for agreement • Gives recommendations to the Crown • Panel members are advised of Crown’s final decision

  24. STEP BY STEP PROCESSPost-Panel • Matter is returned to Youth Justice Court and if recommended for Extrajudicial Sanctions, the case is adjourned for a pre-determined period of time • If matter is recommended for EJS an appointment with an EJS program representative will be arranged at court • The young person and parents meet with the EJS program representative for intake and to sign agreement • Youth participates and completes program • Panel reviews referrals as set by YJP • Case management reviews • If there are difficulties with the case, the Panel gives recommendations • Case is reviewed prior to completion date • Matter dismissed or returned to formal process

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