The Youth Criminal Justice Act

1. The Youth Criminal Justice Act

2. Outcomes: Students will be expected to investigate and assess how criminal law affects young people. • identify the important differences between the Youth Criminal Justice Act and its two predecessors, the Young Offenders Act and the Juvenile Delinquents Act • analyze the Youth Criminal Justice Act and the impact it has on young people and the country as a whole • assess the sentencing provisions of these acts in relation to the different sentencing objectives stated in the Criminal Code of Canada • investigate other areas of criminal law that affect young people who are not covered by the Youth Criminal Justice Act

3. 1908 Juvenile Delinquents Act (JDA) (Claimed to be one of the first “Child-Centered pieces of legislation.”) • Established a separate justice system for youth (separate courts). • Granting youth court judges a “parens patriae” or pseudo-parental role. • Sentencing should focus on rehabilitation, not on dispensing punishment based on the seriousness of the offence. • Minimum age to charge a child with a criminal offence = 7 • Children under 12 could only be committed to an institution if no other option was available. • Established a Juvenile Court • Committee. • Increased sentencing options for judges. • Encouraged parental involvement in the process. A mother with her three children at a meeting of a Juvenile Delinquency Board.

4. The Youth Criminal Justice Act replaced the Young Offenders Act of 1984. The Made distinctions between violent and non-violent offences, encourages out-of court measures and gives direction for their appropriate use. was passed by the government on February 2002 and was implemented April 1, 2003 and promotes “accountability and meaningful consequences proportionate to the seriousness of the offence for youth, aged 12 - 17 suspected, charged with, accused or convicted of a criminal offence.”

5. The YCJA treats youth differently from adults because of their level of dependency, maturity and development. 3 principles of the YCJA that promote long term protection of the public. • Prevent crime by addressing the circumstances underlying a young person’s behaviour • Rehabilitate and reintegrate young people who commit offences into society • Ensure that a young person is subject to meaningful consequences for his or her offence

6. YCJA Crime Quiz • Test your understanding: • With a partner discuss the questions and answer them based on what you already know.

7. Answers • No, it is decreasing. From 1991 to 2006 youth crime decreased 49% in BC. Youth crime is going down across Canada, in both rural and urban neighbourhoods.

8. 2. 25% and 80% of those were assaults, for example, hitting someone.

9. 3. The law says children under 12 years old can’t be charged and taken to criminal court.He or she can be treated through the mental health system or receive protection from a child protection agency. If the police catch a child younger than 12 doing something wrong, they will take the child home and tell the parents, refer the child to the Ministry of Children and Families or ensure the child gets treatment from a mental health facility. The parents may get other help at the school or in the community.

10. 4. Young people are adults at 18. There is a special law for youth age 12 to 17. It is called the Youth Criminal Justice Act (YCJA).

11. 5. More are 16-to 17-years old. In 2009-2010: • 32% were 17 • 26% were 16 • 20% were 15 • 12%were 14 • 6% were 13 • 2% were 12.

12. 6. No. Young people are sent to a special youth jail for serious crimes when it is necessary to protect the public. Some youth are sent to live in special places, for example a group home run by the government. Others may get help from local community groups.

13. 7. The sentence should depend on the seriousness of the crime. It should prevent future crimes as well as repairing the harm the young person did. It may includeprobation with conditions, repayment, community service, or attendance in programs. For example, a young person may have to apologize to the victim and pay (with money or work) for damage she did. Sometimes a young person has to pay a fine or do some volunteer work in the community. She may be on probation and have to follow some special rules like living in a specified place, going to school, staying at home in the evening or staying away from certain places or certain people. She may have to attend a special program, for example, a program to teach anger control.

14. 8. Most young people can grow up and change while staying at home with their families. Programs in the community are usually the most successful way to help them. Young people are different from adults—they have different problems and different needs.

15. 9. Yes, but only for serious crimes like murder, and only if the young person is over 14.A judge must agree an adult sentence is necessary.

16. 10. Common examples are assaults, breaking and entering, possession of or selling drugs, stealing cars, and shoplifting.

17. 11. a) If the police stop or arrest a young person they have to tell him or her why.b) The young person can talk to a lawyer and parent (or adult) before talking to police.c) The young person is considered innocent until s/he goes to court and a judge decides the person is guilty.d) The Crown counsel has to prove in court that the young person is guilty.A victim impact statement is used at the time of sentencing, and is given to the judge to review. In this way the victim has a very real voice in describing how the crime has impacted their life. Also, the victim has a right to know what charges have been approved, when and where the next court appearance is, what the conditions of release are and what is the final disposition of the case. In addition, under the YCJA, the victim will have access to the name of the young offender in certain cases. And finally, the victim can play a role in determining the consequences for the crime, such an apology, restitution, or compensation.

18. Sentencing Under the old Young Offenders Act (the Act that was in place before \ the new Act): • For 8 of the 9 most common crimes in youth court, youth got longer periods of custody than adults who got custody for the same crime. • Youth generally spent more time in custody than adults with similar sentences due to the terms for an adult conditional release. • Eighty percent of custodial sentences for youth were for non-violent offences. • Almost half of youth sentenced to custody were given custody because they failed to comply with a disposition order, or settlement. They were brought back to court on a breach. A breach is when a youth fails to obey what has been ordered in court. For instance, the youth may have a curfew or an order not to drink, but is caught past his or her curfew or caught drinking.

19. Sentencing Principles NOW: Sentences should: • Not be more severe than what an adult would get for the same crime • Be similar to youth sentences given in similar youth cases • Be in line with the seriousness of the crime and the degree of your responsibility for the crime • Consider: • The degree of participation • The harm done to the victim • Whether the harm was intentional or reasonably foreseeable • Previous findings of guilt • Any other aggravating or lessening circumstances • Be within the limits of proportionality. This means that the sentence needs to be "in line" with the seriousness of the offence and the degree of responsibility youth had in doing the offence • Be the least restrictive alternative • Be the sentencing option that is most likely to rehabilitate and reintegrate youth • Give youth a sense of responsibility and an acknowledgement of the harm done by the crime

20. Types of Youth Sentences • Judicial reprimand: Youth get a stern lecture from the judge in a minor case where being apprehended, taken to court, and reprimanded is enough to hold the young offender accountable for his or her crime. • Absolute discharge: Even though you are guilty, there is no finding of guilt registered against you. The discharge is removed from your record after one year. • Conditional discharge: Youth will have to follow certain conditions. If youth do so, their discharge becomes absolute. If they do not follow the conditions, they can be brought back to court for a tougher sentence. This is removed from their youth record after three years. • Fine: This can be ordered for up to $1000. The judge thinks about how much money the young offender has and the time s/he might need to pay when ordering this sentence.

21. Restitution: If a young offender took something from someone and s/he still has it, s/he can be ordered to return it. • Compensation: Youth may be ordered to pay the victim of their crime for his or her loss, such as: • The cost of repairs • The cost of replacing the goods • Medical bills • Lost wages if the victim is unable to work • Youth could also be ordered to pay a third party. • Community service: The judge thinks about the young offender’s time and abilities. The judge can order work in the community. Youth are not paid for this work. The order tells how many hours the young offender must do and how long s/he has to complete them. Youth can get up to 240 hours of community service with 1 year to complete them. • Probation: The judge orders youth to follow certain conditions and to report to a probation officer regularly. The officer's job is to watch the young offender’s behaviour so that s/he can get help if s/he needs it. If the rules in the probation order are not followed, the young offender may go back to court for a tougher sentence. The longest time for probation is two years.

22. Attendance at a program: The judge can order youth to go to a program at a certain time and on conditions set by the judge. This kind of non-residential program must be approved by the provincial director and can be suited to address the case. For example, it could focus on days and times when the young offender is unsupervised and tends to break the law. • Intensive Support and Supervision Program: Youth may be watched closely and get more support than under a probation order. This helps youth to change their behaviour. • Intermittent custody: If youth are sentenced to custody for less than 90 days, they may be able to serve it intermittently (not all in a row). For example, youth may serve their sentence on weekends so that they can go to school during the week. • Deferred custody and supervision order: This allows youth to serve their sentence in the community under conditions, instead of being placed in a youth correctional facility. If the young offender breaks the conditions, s/he will be kept in custody. This sentence is not available if s/he has been found guilty of a serious violent crime.

23. Custody and supervision: Youth time in custody must be followed by a period of supervision and support in the community. About one-third of the youth sentence will be served under supervision in the community. The custody part of the sentence will be served under the care and control of Youth Corrections. "Closed custody" means youth are being held in jail. "Open custody" means youth are in jail with fewer restrictions and conditions. • Concurrent sentences: This means that if youth have more than one finding of guilt, the judge can order that each sentence is completed at the same time. • Consecutive sentences: This means that if youth have more than one finding of guilt, the judge can order that each sentence is served one after the other. A consecutive sentence means that youth are in custody longer or on probation longer than with a concurrent sentence. • Intensive rehabilitation custody and supervision: This is a special sentence for a serious violent offender. The judge can make this sentence if: • Youth are found guilty of one of the presumptive crimes such as murder • Youth are suffering from a mental or psychological disorder or an emotional disturbance • An individualized treatment plan is developed for the young offender and there is a good program to which s/he is suitable for admission

24. murder, attempted murder, manslaughter or sexual aggravated assault are presumed to receive an adult sentence unless the youth can persuade the court that a youth sentence will hold the youth accountable. The Crown may seek an adult sentence if the youth is 14 and if the offence is the youth's third serious violent offence or one which an adult could receive more than 2 years. When Are Adult Sentences Used for Youth?

25. YCJA Conferences • A YCJA conference is when a group of people get together to talk about the young offender’s case and what can be done to help the young offender. The people there are responsible for the youth and generally, they know the youth. The conference gives advice to the people who decide on what should happen to the youth. (Section 19 of the YCJA).

26. Types of YCJA Conferences Conferences are informal. • They can be: • Family group conferences • Community members • Sentencing or healing circles • Multi-disciplinary (probation, judges and lawyers and teachers) • Integrated case management conferences

27. What Happens in a Conference? Conferences can provide: • A wide range of ideas on the case • More creative solutions • Better coordination of services between justice partners • More involvement of the victim(s) and other community members • Conferences can be restorative. Solutions may focus on fixing the harm done to the victim(s) of the crime.

28. Does the YCJA Recognize the Rights of the Victim? Yes. YCJA clearly recognizes the interest and needs of victims to be involved at different stages of the youth justice process. Section 3 says that "Victims should be treated with courtesy, compassion and respect for their dignity and privacy." YCJA Sections 3(d) (ii) and (iii), 12, 42, 53, 111, 119.

29. What Does YCJA say About Victims of Youth Crime? A victim should: • Be told about the proceedings • Have a chance to take part in the proceedings • Be heard • Have a chance to take part in community-based measures • Get information about what is being done for the offender that does not involve going to court • Be able to give a victim impact statement (a written report about how the crime affected the victim) at the time of sentencing • Be able to ask for access to the record of the youth who committed the crime

33. Textbook: Pages • pp. 306-314 (Questions 1, 2, 3, 4, 6)