(Chapter 10)
Youth in Canada have a special set of rules when it comes to the Criminal Code. Why?
Generally society thinks that young people, from the age of 12 to 17, are still developing the capacity to distinguish fully between right and wrong and to understand fully the consequences of criminal actions. Society emphasizes rehabilitation of young people over punishment.
Let's start with current stats: in Canada, youth crimes are DOWN by over 20% in the last 15 years.
Until the 1890s there was no distinction made between youth criminals and adult criminals. In 1892 we started to distinguish between children and adults with the Juvenile Delinquents Act (1908).
Canada sent most youth criminals ("juvenile delinquents") to training schools, poorhouses, etc. but in general it was left up to judges to decide what to do with young criminals.
1970 - Young Offenders Act which didn't come into effect until 1984.
Highlights:
Offered society good protection from violent youth.
Set an age of 12 - 17 (i.e. 11 years old and under, the CC does not apply, 18 years and older, fully adult).
Recognized that youths are still dependent upon adults.
Rehabilitation is the primary role of the criminal law system for youths.
Youths' identities are protected from publication to prevent further disruption to their lives and reputations.
Youth detention centers are separate from those of adults.
Keeping youth out of the court system (alternative sentencing options).
Less emphasis on jail time for non-violent crimes.
Guaranteeing youth their Charters Rights plus additional rights.
All youth cases are now tried in Youth Justice Courts.
Allows judges to impose adult sentences for violent youth crimes.
Publication of the identification of youths can occur but only after they are sentences as an adult.
Mandatory community supervision of youths who have served jail time.
Legal Rights of Youths
Non-violent first time offenders who are unlikely to re offend can avoid trial by taking part in "extrajudicial measures." The intent of the program is to reduce the numbers of young people appearing in court, primarily for things like:
petty theft
possession of stolen property
failure to appear in court
breach of probation, etc.
Most common measures include:
- not charging the youth and returning him/her to the parents
- warnings and explanations of consequences if the youth re-offends.
- referring the youth to a community program like a recreation program mental health program, child welfare agents etc.
- apologizing to the victims
Generally society thinks that young people, from the age of 12 to 17, are still developing the capacity to distinguish fully between right and wrong and to understand fully the consequences of criminal actions. Society emphasizes rehabilitation of young people over punishment.
Let's start with current stats: in Canada, youth crimes are DOWN by over 20% in the last 15 years.
Until the 1890s there was no distinction made between youth criminals and adult criminals. In 1892 we started to distinguish between children and adults with the Juvenile Delinquents Act (1908).
Canada sent most youth criminals ("juvenile delinquents") to training schools, poorhouses, etc. but in general it was left up to judges to decide what to do with young criminals.
1970 - Young Offenders Act which didn't come into effect until 1984.
Highlights:
Offered society good protection from violent youth.
Set an age of 12 - 17 (i.e. 11 years old and under, the CC does not apply, 18 years and older, fully adult).
Recognized that youths are still dependent upon adults.
Rehabilitation is the primary role of the criminal law system for youths.
Youths' identities are protected from publication to prevent further disruption to their lives and reputations.
Youth detention centers are separate from those of adults.
Youth Criminal Justice Act - 2003
It outlines how youths (12 - 17 years) are to be dealt with if charged with crimes in the Criminal Code. It emphasizes the following:Keeping youth out of the court system (alternative sentencing options).
Less emphasis on jail time for non-violent crimes.
Guaranteeing youth their Charters Rights plus additional rights.
All youth cases are now tried in Youth Justice Courts.
Allows judges to impose adult sentences for violent youth crimes.
Publication of the identification of youths can occur but only after they are sentences as an adult.
Mandatory community supervision of youths who have served jail time.
Legal Rights of Youths
Non-violent first time offenders who are unlikely to re offend can avoid trial by taking part in "extrajudicial measures." The intent of the program is to reduce the numbers of young people appearing in court, primarily for things like:
petty theft
possession of stolen property
failure to appear in court
breach of probation, etc.
Most common measures include:
- not charging the youth and returning him/her to the parents
- warnings and explanations of consequences if the youth re-offends.
- referring the youth to a community program like a recreation program mental health program, child welfare agents etc.
- apologizing to the victims
Legal Rights of Youths – pp. 334 - 341
1. Outline four choices police have when dealing with a youth who has committed a minor first-time offence.
2. What are extrajudicial sanctions, and when are they used? What two conditions must be met before a youth offender can participate in an extrajudicial sanctions program?
3. Under the YCJA, what additional rights are available to youths who are arrested?
4. When may a young person be fingerprinted and photographed?
5. What rights and obligations do parents or guardians have when their child is arrested?
Trial Procedures pp. 341 - 345
1. Why do youth court cases usually take less time to try than adult court cases?
2. What is a presumptive offence? List four examples.
3. Why are the identities of youth criminals protected from media publication? Do you agree that this is a good idea? Why or why not?
4. List three reasons why the YCJA eliminated the transfer of serious crimes to adult court.
5. Why was the case of R. v. D.B. such a significant judgment in the history of youth justice in Canada?
Sentencing of Youths pp. 345 – 351
1. What are the three principles of youth sentencing?
2. What is the purpose of a pre-sentence report? What kind of information does it contain?
3. What is the most lenient sentence a youth can receive? Why is it the best option for most youths?
4. Using examples, distinguish between open and secure custody.
5. What is the difference between an appeal and a review? What are the purposes of each?
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