Chapter 2: YCJA and Justice

1. Chapter 2: YCJA and Justice Scenario Fair and Equitable Some Terms YCJA

2. Is this a good idea? BULLETIN: To all Canadian citizens:  Effective immediately, a new law has been established by the federal government to curtail the increase of youth crime, particularly gang violence, in Canada.  All youth, ages 12–17, will be required to inform their local government agent about any travel outside of their community. This is to reduce the problems related to the recent rise of gang violence in Canada. It is the belief of the federal government that youth are central to this issue. The gangs are training youth to move illegal goods from area to area.   The controlled movement of youth should assist in the reduction of violence and contact of gangs from community to community. Please be advised that this new law will be in place indefinitely. Government of Canada

3. Fair and Equitable • Fair= Everyone is treated the same • Equitable = Treatment • Think of some examples of when you would want a law to be fair. • Think of some examples of when you would want a law to be equitable.

4. Justice! • Justice- applying laws • Justice system- the institutions and procedures for applying laws in society. -page 57- • What challenges to the justice system do you think McLachin is referring to? • In a just society, laws are applied fairly and consistently. Do you agree with McLachin’s statement that “nothing is more important than justice and a just society”? Why or why not? • Rule of Law no one is above the law, everyone is equal under the law.

5. The Canadian Justice System • In Canada, there are laws to protect the safety of all people. These laws are like a social contract that citizens follow. Laws are set out in Canada’s constitution. They are established to ensure all citizens are treated fairly and equitably. • There are many different laws that affect you and your daily life. An important law for many 14 year olds in Alberta is getting a learners’ permit and learning how to drive. • Brainstorm some laws you know and give a reason they are important.

6. What would happen if there was no laws? • However, imagine if there were no laws. What if there were no speed limits on highways, no minimum age for driving, no consequences for graffiti, or no laws against bullying or assault? You probably can think of many situations in which not having laws could make life very different, maybe even chaotic. • Laws are in place to ensure that all Canadians are protected.

7. What is Canada's justice system and what is it trying to do? • It is fair and Equitable • Canada’s justice system is the group in Canada who puts laws into effect in Canada. (Explains to Canadians what they are expected to do and what will happen to them if they do not listen.)

8. What is one of the fundamental principles of justice in Canada and other democratic countries? Is that a person is assumed innocent until proven guilty. Why is this important?

9. Pop Test 4Is the example fair or Equitable? Every province is represented by Members of Parliament and Senators. People with disabilities are given parking stales closer to store entrance. Children and seniors get better deals at movie theaters. Everyone pays taxes. Aboriginals and Francophonies can run their own separate schools in Alberta. Write one of your own examples of something that is fair or equitable.

10. Your Examples of Fair and Equitable • In groups of three go over your examples of fair and equitable. • Mark each other’s statements. If there is a mistake, try to fix it together. • Choose your best example and write it on a card. • Hand in all your cards because I will put them up on the bulletin board and be using some of them for our test

11. Our Judicial System Purpose: To ensure new laws keep Canadians rights and freedoms. They also figure out how to put new laws into society. How this affects Canadians: It protects our rights. However we might have to give up some rights to ensure a great society. (ex. Boonstock)

12. Our Judicial System • What are Canadian’s responsibilities: To know our rights and responsibilities. Also to follow the law and make sure we fulfill our civic responsibilities like voting.

13. In what ways does crime has a negative effect on quality of life? (?3) (pg.56) • It damages property, takes away safety/freedom and harms communities.

14. Define: Freedom • 1. personal liberty, as opposed to imprisonment or slavery • 2. exemption from external control • 3. political or national independence • 4. exemption from the presence of something unpleasant (usually fol. by from) • 5. ease of movement, action, or social interaction • 6. rights and privileges, as of citizenship; civil liberty • 7. right to use something

15. When you get caught breaking the law who begins to make choices aboutwhat happens to you? (?4) • Police, lawyers, justice committees and judges

16. If you are arrested what rights do you have? (?5) • To remain silent • To speak to a lawyer, parent or guardian • To have your parents with you during questioning • To have a lawyer if you go to court Is it necessary for people who are breaking the law to have these rights?

17. The Cartoon pg. 61- 63 • Why do you think it might be hard for an offender and a victim to face each other? • Do you agree that the consequences this young offender faced were fair for her and for the person she wronged? Why or why not? What other consequences might she have faced? • In your opinion, what factor had the biggest impact on this young offender’s change of attitude? Why?

18. What is the role of a Youth Justice Committee? (?6) The committee is meant to be used to determine the best course of action for youth. It is made up of community volunteers, the victim of the crime, the youth’s parents and justice representatives.

19. Home work • Questions 10-12 • Terms Fair and Equitable to YCJA • Work on True and False chart • DUE TOMORROW!!!

20. THE YCJA • A Venn Diagram • True and False Chart • News Reports

21. Draw the following Venn Diagram in your notes. • This is a smart board diagram so it is not available on line. Make sure you copy it down.

22. What five aspects of the YCJA are mentioned on page 64? (?8) • Deals with 12-17year olds in trouble with the law • Allows a consequence to be counseling and community service (boys who were caught with synthetic drugs) • Does not allow (prohibits) adult sentences for youths 12-14. Allows adult sentence for young people 14 years of age and older who committee serious crimes. (Boy in Sask.)

23. What five aspects of the YCJA are mentioned on page 64? 4. Name can not be used in the media, unless they receive an adult sentence 5. Allows most young offenders to avoid a criminal record.

24. The True and False Chart • As we complete this on the bulletin board and on the smart board check your answers. • True is a circle (get it the circle of truth) and False is a line.

25. Reading with a purpose • In groups you are going to read a news paper article about a youth who committed a crime. • There are four people in your group and each person is going to start with one of the following jobs. • Summary- you need to write a summary for the article. • Clarifying question- a question about the evidence, a term you don’t know, a detail your not sure about • A digging deeper question- Something your wondering about after reading the article. • A prediction- What do you think will happen next. The articles are all broken into four parts. On the white piece of paper you will write your response down in the correct place. Later you will use that information for the second part of this assignment.

26. Groups • Teen given jail time for dangerous joyride- Danny, Jewel, Grace, Lane • RCMP confirm child under 12 killed 6-year-old- Zach, Bryce, Jarrod, Adam • Regina teen who killed over wrong shirt colour- Annelise, Kennedy, Ashley J., Kennedy • Teen, 16, charged with second-degree murder- Hannah, Caleb, Ashely C., Dylan, Selina • 13-year old charged in fatal stabbing at Marlborough Mall- Mikaela, Jewel, Houben, Reuben • Teen charged with uttering threats at Duck Lake School-Karis, Caleb F., Ryder, Aaron

27. Instructions • Read the case study and identify • the victim of the crime, • the nature of the crime (violence, property, driving, substance abuse) • the severity of the crime. Suggest two reasonable consequences for the crime committed. 

28. Criteria for Consequence • Develop criteria that can be used to guide your decisions as to what would constitute a fair and reasonable consequence. Reminder the consequence needs to balance the interests of: • the youth who committed the crime; e.g., their freedom, well-being, long-term prospects • the victim of the crime; e.g., security, well-being, justice • society at large; e.g., security, well-being, justice • criminal justice system; e.g., ability to protect society and youth, self protection, efficacy, cost.

29. Our Criteria for a consequence:

30. Continued • In the consequence you created whose interests are dominant: (Think about the following 4 groups) • youth who committed the crime (freedom, well-being, long term prospects) • victim of the crime (security, well-being, justice) • society at large (security, well-being, justice) • criminal justice system (ability to protect society and youth, self protection, efficacy, cost).

31. Why Change to the YCJA? Improving our court system by: • Young offenders did not face consequences for a long time, because the courts are busy with many cases and offenders • The consequences did not always connect back to the people and communities the offence affected.

32. Anne McLellan • 11. Why does Anne McLellan say that young people, up to a certain age, should not be treated as adults? • 12. According to Anne McLellan how can young people get involved with youth justice?

33. Pg. 72 • Summarize • For or against • Evidence • Categorize/relate

34. Pg.72 Article 1 Changes to the YCJA (like automatic adult sentences for violent or repeat offenders)  For the YCJA Is questioning if these new changes are positive Automatic adult sentences no longer case by case, allow media to publish names of 16&17s who commit violent crimes

35. Article 2 Discussing why Aboriginal youth might be over represented in our justice system • Neutral against the YCJA but feels aboriginals are at a disadvantage • Historical relevance and statistics

36. Article 3 That it is a misconception that the victims of crimes do not get justice • About the YCJA Gives an account about a specific event

37. Article 4 Review if it is benefitting society to not know the names of youth that commit serious crimes • YCJA Example from a specific case and information about the YCJA not being allowed to publish names.

38. Spot and Respond to the issue • What are the issues in the articles on page 72 and 73? • What opportunities and challenges does the justice system create for building a society where people with different views, perspectives and identities belong?

39. Jury Duty • Jury: a group of people given the responsibility to pass judgment on a given matter • For youth justice in Canada, a jury can be selected when a serious crime is being dealt with in the courts. • In Canada, all adult Canadian citizens can be selected for jury duty.

40. How are the two major citizen-led organizations John Howard Society and Elizabeth Fry Society involved in the justice system? • Are independent of the government • Try to solve reasons for crime • Provide public education about laws and the justice system • Help rehabilitate youths and adults who have broken the law • Stand up for the rights of youths and adults accused of crimes • Try to improve justice

41. In what way are the Elizabeth Fry and John Howard Societies different? • Elizabeth Fry focuses on women and girls only!

42. What fundamental things would Brad Odsen of the John Howard Society like to see government focus on instead of simply passing harsher laws? • Pg.82 Quality of Life

43. Homework • Using your case study walk your person through the process using the same chart we used in class. • Create a consequence for your person and explain why it is the best option for that person.