Youth Criminal Justice Act

1. Youth Criminal Justice Act Presented by: Jacqueline Grenon Ministry of Community Safety and Correctional Services of Ontario January/2004

2. Overview of the YCJA • Philosophy of the act outlines the roles & expectations for all those involved • Encourages police, judge, justice, crown attorney, prosecutors, probation officers and youth officers to work with youth • Provides meaningful consequences & holds the young person accountable for their offending behaviour • Promotes successful rehabilitation & reintegration

3. Overview continued • Focuses on prevention to address root causes of crime • Support youth • Encourage community efforts to reduce crime • Provide more control & ensure more effective treatment & support for rehabilitation

4. Preamble • Outlines society’s responsibility to address the needs of young person & prevent youth crime • Legal rights of the youth must continue to be respected

5. Preamble continued • Speaks clearly to meaningful consequences • Proportionate sentencing & accountability • Criminal law should be used with restraint • Incarceration of youth should be reduced • Holistic & inclusive approach

6. Declaration of Principles Sec.3 • Youth criminal justice system is intended to promote the long term protection of the public • Prevent crime by addressing the circumstances underlying a Young Person’s offending behaviour • Rehabilitating Young Persons who commit offences & reintegrating them into society • Principles must be used to interpret & apply the principles of the act

7. Objectives of the Youth System • Prevention & the needs of youth as individuals • Rehabilitation & reintegration • Meaningful consequences • Promote the long term protection of society • Encourage repair of harm done to victims • Involve families, communities, social agencies • Respect gender, ethnic, cultural & linguistic differences • Respond to the needs of aboriginal youth

8. Youth Justice Proceedings Apply the following special considerations: • Protected rights & freedoms • Victim’s right to information • Parents to be informed of measures & support their children in the process

9. Police: (measures) Take no further action Warning Sec 6(1) – informal Police caution Sec 7 – formal program needs to be established (measures are monitored by the police Referral to a community program or agency Sec 6(1)- see note below Crowns: Cautions Sec 8 – formal program needs to be established Extrajudicial Sanctions Sec 10 (same principles apply as under the YOA) Extrajudicial *1 Measures/Sanctions Ex: Court Outreach for Mental Health Services can Help identify cases appropriate for sanctions.

10. New Youth Sentences YCJA under Section 42(2) and include: • Reprimand (A) • Custody & Community Supervision (N) • Custody & Conditional Supervision (O,Q,R) • Deferred Custody and Supervision (P ) • Non-Residential Attendance Program (M)-n/a • Intensive Support & Supervision (L)- n/a • Intensive Rehabilitative Custody and Supervision (IRCS) – Mental health cases (High risk of violence)

11. Conferencing Section 19 & 41 • Section 19 - To give advice to a decision maker under the Act (appropriate for mental health cases as well) • Section 41 – When YP found guilty, court may convene a conference for purpose of sentencing recommendations • Increased involvement of the victim & community • Can be called at any time prior to sentencing, at any stage of the proceedings • Section 35 – Child Welfare (n/a) under review for clarification by M.A.G with consultation with Fed government. • Addresses appropriate EJS, conditions for interim release, sentences & reviews, reintegration plans, other matters

12. Who calls a conference under Section 19? *2 (a&b) • Police Officer • Judge ( can also call conf. Under s. 41) • Justice of Peace • Prosecutor • Provincial Director • Youth Worker • Worker involved with the Youth in the Community

13. Rules on Conferencing sec 41 • Needs to be established by the province • Probation Officers may participate in a conference but will not be responsible for coordinating or convening (with exception)

14. Section 34 Reports – Medical & Psychological • Ordered at any stage of the proceedings • Assessed by a qualified person • Written report must be provided to the court as required • Formerly known as Section 13 reports • This is more common in Phase 1 (under 16)

15. Pre-trial Detention • Not to be used as a substitute for child protection, mental health or other social measures (i.e. section 35) • Presumption that detention is not necessary for “public safety” if young person could not be sentenced to custody if convicted • Judge is required to inquire about the availability of a “responsible person”

16. Presumptive “A” Offences • Murder • Attempted Murder • Manslaughter • Aggravated sexual assault • Same offences defined under the Section 16 of the YOA

17. Presumptive “B” Offences • At the time of the offence the youth has at least two prior judicial determinations of Serious Violent Offences (SVO) • SVO – for which an adult is liable to imprisonment for 2 years + • Judge endorses the information and indictment to identify a SVO (via hearing) • Sec 42.9 onus on the attorney general to apply on behalf of the young person after the finding of guilt (To declare SVO) • Subject to appeal • Age of presumption in Ontario is now 14

18. Non-Presumptive Offences • Any indictable offence for which an adult could receive a sentence of imprisonment for more than 2 years but not presumptive • Onus on crown to make application, to notify youth & the court and to prove an adult sentence is warranted (Section 16 transfer hearing eliminated)

19. Reintegration Planning • Begins as soon as young person goes into custody • Sets out key supports and most effective program for young persons which will suit their needs • Builds in continuity between custody and community portion of sentence • Realistic goals must be outlined – achievable and not unattainable (least intrusive yet accountable)

20. 7 mandatory conditions Sec 97 Attached to each new custodial sentence Optional Conditions may be added by the PD prior to release from custody (at least 30 days prior) Conditions are enforced by PD Conditions subject to review by PD Conditions signed-off by PD 2 mandatory conditions Optional order by the Court Optional Conditions ordered by the Court at sentencing Enforceable conditions by court Conditions subject to review by Court process (non – custodial review) Conditions signed-off by Judge CCS order *4(a-b) Probation

21. Custody 2 levels of custody remain Secure and open custody Determined by the Court Child Welfare, aboriginal needs, victims, special needs youth to be considered at all times (incl. Pre-trial detention) Community Supervision Community supervision is not Probation Attached to custody orders PD Delegation includes adding Optional Conditions Applicable conditions necessary for successful reintegration planning Custody & Community supervision * (see 4)

22. Section 88 YCJA (includes 24.2(9) YOA) No Review Board in Ontario Sec 30/31; Progress Report Sec 28(2) ? Prepared by the Case Manager/Probation Officer Level of custody determined by the PD on 24.2(9) decisions (from open to secure max 15 days – no change) Custody and Community cont’d

23. Case Management Plan – Community *(6) • A concise and comprehensive case management plan shall be developed and implemented for each young person with a community supervision document or a warrant of committal or detention order. • Shall have documented objectives (in plan and/or on OTIS

24. CM Plan – Community cont’d… • Documented objectives shall minimally address reintegration factors which are reviewed with the youth as often as required and/or as per local practice and/or policy requirements during their period of custody & during discharge meeting • Continuity of care developed as part of community supervision portion of CCS sentence, and aligned with Probation to follow

25. Reintegration Factor • Should be based on acquiring relevant and tangible evidence through such methods as interviews with collaterals sources, acquisition of documentation etc. • To confirm sufficient support • Even in the absence of a specific condition on the supervision document • Responsibility of the staff to address targeted factor(s) with adequate referrals, one-to-one intervention, motivational strategies etc.