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Presentation for Judges of The Russian Federation “ SOME PERSPECTIVES ON YOUTH JUSTICE IIN CANADA”

Presentation for Judges of The Russian Federation “ SOME PERSPECTIVES ON YOUTH JUSTICE IIN CANADA”. Robert E. Lutes, Q.C. Rostov--September 15, 2006.

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Presentation for Judges of The Russian Federation “ SOME PERSPECTIVES ON YOUTH JUSTICE IIN CANADA”

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  1. Presentation for Judges of The Russian Federation“SOME PERSPECTIVES ON YOUTH JUSTICE IIN CANADA” Robert E. Lutes, Q.C. Rostov--September 15, 2006

  2. Presentation on the Youth Criminal Justice Act (YCJA)1. Introduction and Overview2. Background Information 3. The General Context4. Principles5. Goals and Objectives6. Extrajudicial Measures7. Judicial Measures8. A Few Special Issues9. Partners 10. Suggestions

  3. 1. INTRODUCTION AND OVERVIEW • Russia and Canada are both Federations • We have some of the same issues due to our Federal and Regional interests. • Federal and Regional Legislation can support each other • Programs and services are delivered on a local level.

  4. 2. Background Information • 1908-1984Juvenile Delinquents Act - social welfare legislation • 1982CanadianCharter of Rights and Freedoms - rights of youth now part of constitution • 1984-2003Young Offenders Act - due process model • 2003---Youth Criminal Justice Act - less reliance on courts and custody -more reliance on conferencing, community based options, communities, and families.

  5. 3. The General Context • Three main weaknesses in the youth justice system identified and addressed by the YCJA: • Not doing enough to “prevent troubled youth from entering a life of crime” • Need to “improve the way it deals with the most serious violent youth”, and • “the system relies too heavily on custody as a response to the vast majority of non-violent youth”

  6. 4. Principles • S. 3—Some of the principles • Addressing underlying circumstances • Rehabilitate and reintegrate • Fair and proportionate accountability • A system separate from adults • Timely intervention • Encourage the repair of harm done to victims • Distinguish between violent and non-violent

  7. 5. Goals and Objectives • Two of the goals and objectives of the YCJA were: • 1. to reduce the number of cases that entered the formal court system, and • 2. To reduce the number of youth that went into custody, both pre-trail and post sentence

  8. 5. Goals and Objectives cont’d • The response to too many youth being sent through the formal court process was: • Extrajudicial Measures being presumed adequate for non-violent offences • New EJM were added :(tnfa, warning, caution, referral & EJS) • Example on timeliness: Friday night

  9. 5. Goals and Objectives cont’d • The response to too many youth being in custody for non-violent offences was: • Custody is precluded for “child protection, mental health or other social measures” both pre-trial and on sentencing. • Reduced use of pre-trail detention • Reduced reliance on Custody as a sentencing option

  10. 5. Goals and Objectives cont’d • Section 39-No custody unless: • (a) A violent offence • (b)Failure to comply*non-custodial sentence • (c)Offence 2 years for an adult + a pattern • (d)Exceptional circumstances

  11. 6. Extrajudicial Measures (outside formal court process (ss. 4--12)) Graduated approach includes: • Police taking no further action(s.4) • Police warnings(s.4) • Police cautions(s.4 & 7) • Referrals to community programs(s.4 • Extrajudicial sanctions(s.10) (e.g., apology to victim, restitution, community service) • Pre-charge screening by prosecutor(s.23) • Crown Cautions (s.8)

  12. 7a. Judicial Measures: Admissibility of Statements (s.146) • The Statement must be voluntary • Young persons rights must be explained in age appropriate language • A right to consult a parent and legal counsel before making a statement • A right to have the person(s) consulted present while the statement is taken • Statements may be in writing or by audiotape or videotape

  13. 7b. Judicial Measures: Pre-Trial Detention • Detention cannot be used for child protection or mental health needs of the youth • Limits on the use of detention if the offence would not warrant custody at sentencing (protection of the public) • Judge must ask whether there is a responsible adult or appropriate program is available as an alternative to detention • Assessment for Bail purposes

  14. 7c. Judicial Measures:First Appearance in Court • Some of the considerations for the Youth Justice Court: • Legal Counsel is available • The young person knows charges before the court and the jeopardy they face • Determine the age of the young person • The young person understands the nature of the proceedings

  15. 8. A Few Special Issues • a.Victims • b. Publication • c. Information (Systems and Sharing) • d. Risk Factors • e. International

  16. 8a.Victims • The YCJA recognizes and respects the rights of victims. • A number of sections of the YCJA make specific reference to victims: 3,5,12,14,18,38,40,42,50,53,54,111 & 119 • The Act supports the rights of victims to receive information and to be treated with respect.

  17. 8b. Publication • There are limitations on the publication of the identity of young persons in order to support the rehabilitation of young persons. • Does the press have a role in furthering the goals and objectives of the YCJA?

  18. 8c. Information (Systems and Sharing) • The best decisions are made with the best and most complete information. • Information must be recorded and be readily available (subject to the privacy provisions). • Protocols for information sharing.

  19. 8d. Risk Factors • Learning disabilities / learning problem • Poor classroom management (Farrington) • Bullying at school (Farrington) • Poor attendance in school (school suspensions) • Drugs/alcohol/substance abuse

  20. 8d. Risk Factors cont’d • Poor parental supervision and inconsistent treatment (Farrington) • Abuse • Negative peer influence • Lack of appropriate leisure activities • Note that many crimes are committed between the time school lets out and supper time.

  21. 8e. International • U N Convention on the Rights of the Child • Article 1: “child means every human being below under the age of 18, unless..” • Article 37(b): • “…The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time.”

  22. 9. Partners • Parents, Education, Social Services, Health, Mental Health, Police, Judiciary, Government Support Programs, NGO Support Programs are all potential partners of the Justice System. • A multi-disciplinary problem solving approach. • The YCJA gave recognition to the importance of these partners: sections 3,4,5,6,10,11,12,18,19,35,38,40,42,53,55,83,90,91,97,105,116,119,120,125(6) & 157.

  23. 9. Partners cont’d • Parents • Parents are often the most important support for youth • Parents need to be supported in their efforts • When youth enter the justice system parents need support—Parent Services • Schools have an opportunity to support parents and parents can support schools

  24. 9. Partners cont’d • Education / schools • A key partner for youth is the school • Information sharing ss.125(6) • Parents are the key connector • Keep youth in school • Failure to attend school is a risk factor • Police intervention / Peer Mediation

  25. 9. Partners cont’d • Police • Police are a key decision maker. • Given police more credit ( example--nothing happened?) • The value of police decisions are supported: take no further action, give a warning, give a police caution (if authorized by the AG), make a referral to a community program. • In Nova Scotia, the RCMP also have a Community Justice Forum Program.

  26. 9. Partners cont’d • Social Services & Mental Health • These agencies are partners not simply referral agencies. • Stable housing is an issue of critical importance for youth—if their not at home where are they? • Social workers & mental health workers working closely with schools, parents and courts. • Courts under the YCJA can make a referral to a Child Welfare Agency

  27. 10. Suggestions for Canada and for consideration in the Russian Federation • Housing for youth: short and long term • “Parent Services” be established • Short court times • Limit conditions on court orders • Education for all, even those suspended • School counselors • Support Services available in schools • Apply Restorative Justice principles • Multi-disciplinary approach (Community Consultation Booklet)

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