The Youth Criminal Justice System

1. The Youth Criminal Justice System Chapter 10

2. Terms—Old & New • A youth criminal is a person who is 12–17 years old and is charged with an offence under the current Youth Criminal Justice Act (YCJA). • A young offender was a person aged 12–17 who was charged with an offence under the previous Young Offenders Act (YOA). • A juvenile delinquent was a young person from the age of 7 or older who was charged as a young offender or youth criminal under the historic Juvenile Delinquents Act (JDA).

3. Juvenile Delinquents Act • Until the 1890s, there was no distinction between how adults and youth were treated by the law. • In 1892, the Criminal Code was amended to try children separately from adults. • In 1908, the federal government passed the Juvenile Delinquents Act (JDA). • The age limit under the JDA ranged from 7 to 16 or 18 years old (depending on the province). • Youth who committed crimes were treated as “delinquents,” not criminals; focus was to rehabilitate, not punish them. • Legal rights of juveniles were mostly ignored and as a result their sentences were often unfair and inconsistent.

4. Young Offenders Act • The Young Offenders Act (YOA) officially replaced the JDA in 1984. • The minimum age changed from 7 to 12 and the maximum age was set at 17 in every province and territory. • The YOA recognized the rights of youth as guaranteed in the Canadian Charter of Rights and Freedoms. • Common criticisms of the YOA included: • being too soft on young offenders • not properly addressing serious and violent offences • lacking a clear philosophy on youth justice

5. Youth Criminal Justice Act • The Young Offenders Act was replaced by the Youth Criminal Justice Act (YCJA) in 2003. • A number of changes were introduced in the YCJA, starting with a Declaration of Principle, which states that the purpose of the youth criminal justice system is to • prevent crime by finding out what causes youths to offend in the first place. • rehabilitate youths and reintegrate them into society. • ensure they are given meaningful consequences for their actions. • promote the long-term protection of the public.

6. Changes in the YCJA • The YCJA brought in a number of changes: • The age that a youth criminal could be tried as an adult for very serious, violent crimes was lowered from 16 to 14 years. • Judges could impose adult sentences for violent crimes committed by youth and publish the offenders’ names. • Less emphasis on custody and more emphasis on alternative sentencing options for minor and non-violent offences. • Increased community supervision for youth criminals who have served time in custody.

7. Diverting Youth From Crime • Custody is only used for youth criminals if they are repeat offenders or if they have committed a very serious crime, usually involving violence. • Alternative sentencing options include: • Extrajudicial measures: non-violent, first time youth offenders avoid trial and participate in diversion or community programs. Under the YOA, these were called alternative measures programs. • Extrajudicial sanctions: a more serious punishment for a youth criminal that does not create a criminal record; also avoids a trial.

8. Extrajudicial Measures • Extrajudicial measures and sanctions include: • Counselling • Education programs • Community service • Official apologies • Caution letters • Restitution or compensation • Social skills improvement • Essays or presentations • Charitable donations or personal service

9. Arrest and Detention • Similar to adults, young people in Canada have legal rights as guaranteed by the Charter of Rights and Freedoms. • However, youth are provided extra protection and additional rights (Section 25). • Young people who are being arrested must be informed of their rights in words or language that they can understand. • In addition to having a right to counsel upon being arrested or detained, young people also have the right to have a parent/guardian present.

10. Searches • Similar to adults, police may search a youth if they have reason to believe the youth has drugs, alcohol, or a weapon on his or her person. • A youth will also be searched if he or she is in the process of being arrested. • In the case of R. v. M., 1998, the Supreme Court ruled that a school authority, such as a principal, may search a student if he or she has “reasonable grounds” to believe the student has breached school regulations. • Reasonable grounds include information from credible students and a teacher’s observations.

11. Detention & Bail • Youths have the same rights as adults when it comes to posting bail. • Terms for youth bail usually include curfews, adult supervision, and forbidding contact with people, like the victim and certain friends. • Most youth are not released without a surety—someone who posts their bail and agrees to supervise them until their trial. • Accused youth who are thought to be dangerous or likely to skip their trial may be sent to a foster home: the home of an existing family where a young person is placed to be cared for and rehabilitated.

12. Parents • If a young person is arrested, his or her parents or guardians must be notified as soon as possible. • Parents are encouraged to be present during each step of the legal process for their child. • A judge may also order parents to appear at a hearing or the trial. • If the youth is found guilty, the parents have an opportunity to provide input before their child is sentenced by a judge.

13. Trial Procedures • Under the YCJA, an accused youth may be tried in a youth or family court. • Trials for youth follow the same rules of evidence and formality as adult trials. • Under the YCJA, the names of accused youth will not be published unless they are convicted of very serious, or presumptive offences, such as murder or aggravated assault. • All youth trials are held in a youth court. • The maximum sentence for a youth (not tried as an adult) is 10 years of secure custody for first degree murder.

14. Youth Sentencing Under the YCJA, the principles of sentencing are: • To hold offenders accountable for their behaviour. • To consider victims’ needs and concerns. • To impose appropriate sanctions while emphasizing rehabilitating and reintegrating offenders into society while protecting society at the same time. • Before sentencing a youth criminal, the judge reviews a youth pre-sentence report, which may include: • interviews with the youth, parents, and victim • history of the youth’s criminal offences • character information on the youth • school records • medical or psychiatric information • youth’s attitude toward the crime

15. Sentencing Options • In addition to custody, a judge has many options on how to sentence a convicted youth that are similar to adult sentences. • Common sentences include: • absolute discharges • fines (maximum fine for a youth is $1000) • restitution or compensation • community service • probation • Convicted youth criminals may also be ordered to participate in police or community-based programs so their interactions with the police can become more positive.

16. Probation Orders • Standard conditions for a youth placed on probation differ from adult probation. • These conditions often include: • attending school regularly • reporting to a probation officer • following a curfew • remaining at home with parents/guardians • staying away from shopping malls and stores • performing personal or community service • not using alcohol or drugs

17. Custody • This is the most serious type of sentence that a judge can give a youth criminal. • Custody is used as a last resort by judges, when they believe that alternative sentencing options will not work. • A judge will sentence a youth criminal to custody if the youth • has committed a violent crime and needs supervision. • fails to comply with earlier, less serious sentences. • In Canada, there are two types of youth custody: open and secure.

18. Open Custody • Youth criminals who require structure and supervision, but who are not considered very dangerous, may be sentenced to open custody. • This type of custody usually involves sending a convicted youth to a group home, which accommodates several youth criminals for a set time period; or a foster home, in which the youth lives with other families. • Group homes are operated by trained staff. • Foster parents receive money from the provincial government for providing a foster home.

19. Secure Custody • This is the most serious type of custody in which the convicted youth’s freedom is completely restricted. • Secure custody facilities generally have barred windows and locked doors. Some are located in separate wings of adult jails. • This sentence is given to convicted youth who have been convicted of very serious and violent crimes, and/or youth who are considered potentially dangerous and a threat to the public.

20. Appeals & Reviews • The Criminal Code provides youths and adults with the same rights to appeal their sentences. • Under the YCJA, a review may be requested by the youth, his or her parents, or provincial authorities. • If a youth criminal is sentenced to secure custody, his or her sentence is automatically reviewed annually (once a year). A judge may decide to decrease a sentence upon this review, but cannot increase it.