The Youth Criminal Justice Act overview for educators

1. The Youth Criminal Justice Actoverview for educators

2. Overview Background • Facts about Youth Crime • The Concept of “Youth” • Legislation Addressing Youth Crime

3. Overview continued The Youth Criminal Justice Act • Philosophy and Principles of the YCJA • Meaningful Consequences • Rehabilitation and Reintegration

4. Facts about Youth Crime

5. Under the Young Offenders Act… • Canada had the highest youth incarceration rate in the Western world, including the United States • Saskatchewan had one of the highest usage rates of youth court in the country • most cases in youth court were non-violent • minor assaults made up nearly half of the violent offences

6. The Concept of “Youth”

7. Historically… • there were no separate laws to deal with youth who committed crimes; even the very young were treated like adults • by the 1700’s children aged 7-13 were generally considered incapable of appreciating the nature and consequences of their actions • by the 1800’s western societies began to develop special laws for youth who committed crimes

8. Legislation Addressing Youth Crime

9. 1908 – The Juvenile Delinquents Act • first Canadian legislation that dealt with youth who broke the law • generally applied to youth aged 13-16 (in Saskatchewan), but could be applied to youth aged 7-12 if their ability to form intent could be established • treated young persons in trouble with the law as misguided children, rather than as adults legally responsible for their behaviour

10. 1984 – The Young Offenders Act • replaced the Juvenile Delinquents Act • raised the minimum age to 12, based on the belief that children under 12 do not have the capacity to be held criminally responsible • set a unified maximum age at 17

11. Under the Young Offenders Act… • youth were to be held responsible for criminal behaviour • society’s right to be protected was principal • young people were entitled to the same rights as adults • youth’s special needs were recognized, based on their level of development and maturity

12. 1998 - The Youth JusticeRenewal Initiative set out to… • increase measures outside of the formal court process to respond to youth crime • establish a more targeted approach to custody • improve youth justice system’s ability to rehabilitate and reintegrate • increase the use of community-based sentences

13. and… • set up special measures for violent offenders to focus on intensive supervision and treatment • increase public confidence in the youth justice system The Youth Criminal Justice Act is a central part of the Youth Justice Renewal Initiative.

14. 2003 - The Youth Criminal Justice Act • Accountability • Respect • Responsibility • Fairness

15. The Youth Criminal Justice Act • based on the belief that incarceration is over-used, and that the courts are over-used for minor cases that could better be dealt with outside the court • makes a clear distinction between serious violent offences and less serious offences • recognizes that effective rehabilitation and reintegration is key to the long-term protection of the public

16. Philosophy & Principles of the YCJA

17. Intent of the Youth Justice System • to prevent youth crime by addressing the underlying circumstances of a young persons’ offending behaviour • to rehabilitate and reintegrate youth who have committed crimes • to ensure that youth are subject to meaningful consequences for criminal behaviour Together these objectives are believed to promote long-term protection of the public.

18. Youth Justice System Must Be Separate from the Adult System • youth are defined as being between the ages 12 and 17 inclusive • children under the age of 12 cannot be charged criminally • these ages are the same ones previously used under the Young Offenders Act

19. Ways Youth Are Treated Differently • youth justice system emphasizes rehabilitation and reintegration • consequences take into account greater dependency of young persons and their reduced level of maturity • enhanced procedural protections for youth to ensure fair treatment including right to counsel, right to privacy, right to be heard and right to participate in processes that affect them

20. Youth justice measures must be fair and proportional, and should… • reinforce societal values • encourage the repair of harm done to victims and the community • be meaningful to the youth given their needs and level of development

21. …and • involve parents, extended family, community and social or other agencies in the youth’s rehabilitation, where appropriate • respect gender, ethnic, cultural and linguistic differences • respond to the needs of Aboriginal youth and youth with special requirements

22. Right to Counsel

23. Under the YCJA, a young person… • has the right to talk to a lawyer without delay at any stage of the proceedings • must be advised of this right upon arrest or detention, in any written notices, and during any proceedings • must be given a reasonable opportunity to exercise this right • has the right to consult with a parent or other adult upon request

24. Meaningful Consequences

25. Philosophy Youth Justice should… • reserve its most serious interventions for the most serious crimes • reduce the over-reliance on incarceration for non-violent young persons

26. Extrajudicial Measures Responding to Youth Crime outside of the Formal Court Process

27. Extrajudicial Measures… • are often the most appropriate and effective way to address youth crime • allow for effective and timely interventions • should be used whenever they are adequate to hold young persons accountable • must be considered as an option by police before decision to lay charges

28. Extrajudicial Measures… • are presumed to be adequate to hold first time non-violent offenders accountable • may be used even if they have been used with the youth before • may be used even if the youth has previously been found guilty of a crime

29. Extrajudicial Measures include… • taking no further action • warnings • cautions • referrals to community agencies with the consent of the youth • extrajudicial sanctions

30. Extrajudicial Allowings • are the most formal type of extrajudicial measure • similar to Alternative Measures under the YOA • can include restitution, compensation, community service work, mediation, counselling and treatment

31. Judicial Measures Responses within the Youth Justice Court

32. Youth Sentences Are intended to… • hold young persons accountable for their actions • utilize just sanctions that ensure meaningful consequences • promote the youth’s rehabilitation and reintegration

33. Youth sentences must be… • proportionate to the offence and degree of responsibility of the young person • the least restrictive sanction required and the most likely to rehabilitate and reintegrate the young person • designed to promote a sense of responsibility in the young person and an acknowledgement of the harm done

34. Non-custodial Options The Youth Justice Court must explore all reasonable alternatives to custody. In fact, custodial orders are prohibited unless the young person has… • committed a violent offence, or • failed to comply with non-custodial orders, or • committed a serious offence and has a pattern of offending behaviour, or • committed a serious offence and there are other aggravating factors

35. Non-custodial sentencing options include… • reprimand • discharge • compensation order • fine • community service • probation • attendance order for specific program

36. Custody and Supervision • sentencing a young person to custody is considered a last resort • young persons may not be placed in custody in place of appropriate child protection, mental health or other social measures • young persons must not be placed in custody where an adult would not be jailed for the same behaviour • young persons will generally serve their time in a separate youth facility

37. Custodial Sentences • all custodial sentences now include a period of supervision in the community • a young person will generally serve a portion of their sentence in custody and a portion in the community, with conditions • if a young person breaches a community supervision condition, the conditions may be modified or the young person may be returned to custody

38. Youth sentences carry different maximums than adult sentences… • 10 years for first degree murder • 7 years for second degree murder • 3 years for other offences where an adult could receive a life sentence • 2 years for all other crimes

39. Adult Sentences For an adult sentence to be imposed, the court must determine that a youth sentence would not be sufficient length to hold the young person accountable.

40. Rehabilitation & Reintegration • custody provisions recognize that young person will eventually be released back into the community • youth workers help young persons develop a reintegration plan aimed at maximizing the young person’s chances for a successful reintegration

41. Youth Justice System generally protects the identity of young persons… • to maximize the chances of rehabilitation and to allow young persons to put their criminal past behind them BUT…

42. Information in a record may be shared… • by a peace officer if it is necessary to do so in the course of an investigation • by a provincial director or youth worker who is preparing a report requested by the court if it is necessary to do so to obtain information for the report

43. and … Information may be disclosed to any person involved in the supervision or care of a young person if it is necessary to… • ensure compliance by the young person with an order of the court • ensure the safety of staff, students or other persons • facilitate the rehabilitation of the young person

44. Conferences

45. Youth Justice Conferences • provide community members and victims with an opportunity to participate in reaching a creative solution for instances of youth crime • can involve any group of people convened to give advice to a decision-maker under the Act (police officer, justice of the peace, judge, prosecutor, youth worker, etc.)

46. Youth Justice Conferences continued… • a conference can be called anytime a decision has to be made under the Act • individuals who participate may have access to the youth’s record if it is required for the administration of the case at hand

47. Involving the Community

48. Youth Justice Requires a Community Approach Members of society share a responsibility to address the developmental challenges and needs of young persons and guide them into adulthood.

49. A community approach means… • communities, families and others should work in partnership to prevent youth crime by addressing its underlying causes, responding to the needs of young persons and providing guidance and support • parents should be informed of measures or proceedings involving their children and encouraged to supportthem in addressing their offending behaviour

50. The YCJA: A New Approach to Youth Justice • the YCJA recognizes that it is important to maintain a separate system to apply the criminal law to young persons • because of their youth, young people also need special procedural protections within the youth criminal justice system