VII. Youth Criminal Justice Act
Lessons 1-4: New Directions: Youth and the Law
§ Outcomes
The Basics
• The Canadian justice system
recognizes that youth crime and
adult crime need to be dealt with
differently. Maturity is a factor
in making choices and being able
to foresee the probable conse quences of your actions.
• Youth legislation applies to
people 12 to 17 years of age,
inclusive.
• The purpose of the legislation
is to prevent crime by addressing
the circumstances underlying a
young person’s offending behaviour, to rehabilitate young persons who commit offences and
reintegrate them into society and
to ensure that a young person is
subject to meaningful consequences for his or her offence.
• Young people who commit
crimes have rights and should
know what those rights are.
• Police and Crown counsel can
divert young people away from
the court system. They can use
alternative measures in the com munity.
• Understanding the role of victim in the youth justice system.
• Young people who commit sev eral offences or more serious
offences will be dealt with in
youth court or adult court,
depending on the decision of
Crown counsel whether to apply
to have the accused sentenced as
an adult.
• If found guilty, the accused will
be sentenced by a judge who may
rely on a pre-sentence report, a
victim impact statement and
submissions made by counsel.
• Judges have many different
sentencing options, ranging from
absolute discharges to time spent
in custody.
• The consequences of commit ting a criminal offence can be
serious.
New Directions in Youth Justice
Youth Criminal Justice Act
Legal
Quest
Youth Criminal Justice Act • Q1
Introduction
Principles
What Does the New Law Do?
Legal Rights
Violent and Repeat Offenders
Non-Violent Crime and First Time Offenders
Custody as a Consequence
Alternatives to the Formal Court Process
Restorative Justice
Rehabilitation
Reintegration
Consequences of Having a Criminal Record
The Activities
& Discussion:
& Worksheet:
➵ Scenarios:
core
core
Why Do We Have Youth
Legislation? What Does It Say?
What’s It All About? Youth Justice
Personal Incident and Trevor’s
Story
Community Justice Conference:
& Scenario: Facts
and Simulation Script
➵ Scenarios: The Victim’s Point of View
Police Discretion, Crown
& Worksheet: Diversion
and Court Options
➵ Scenarios: Working with Case Studies
➵ Worksheet: Youth Justice Test
✮ Challenges: Five Available
core
core
87
The Basics
Information for the Teacher
New Directions in Youth Justice
The Federal Government has recently passed the Youth Criminal Justice Act
(Act). The principles of the Youth Justice Renewal Initiative (Initiative) and
what it accomplishes are set out below as well as a synopsis of the important
changes that are part of the new legislation.
Three basic principles of the Youth Criminal Justice Act are to prevent crime
by addressing the circumstances underlying a young person’s offending behaviour, to rehabilitate young persons who commit offences and reintegrate them
into society and to ensure that a young person is subject to meaningful consequences for his or her offence. These principles promote the long term protection of the public.
One important point of the new legislation is the distinction between non-violent offenders and violent offenders and between first-time offenders and
repeat offenders. Sentencing reflects the plan of the government for the community to become even more involved in the rehabilitation of the young
offenders and their reintegration back into the community. This includes
more diversion away from the court system by police and the Crown.
Community based programs will be an integral and large part of the
Initiative. Young people can expect meaningful consequences to be carried out
in the community if they become involved in crime. Greater involvement of the
victim in the process can help young people to be rehabilitated and reintegrated into the community.
British Columbia has been involved in many of these initiatives. In fact, the
Act is to some extent, modeled after some B.C. programs that emphasize the
notion of restorative justice.
The legislation reserves custody for the most serious and violent offenders or
repeat offenders. The seriousness of the consequences will be closely matched
to the seriousness of the crime. Youth who are found guilty of attempted murder, murder, manslaughter, aggravated sexual assault, or their third serious
violent offence may expect to receive adult sentences. Government services
will be implemented by the provinces to increase the likelihood of rehabilitation while in custody and also to ensure that, once released, youth are closely
supervised and assisted in their reintegration into society.
Youth Justice Renewal Initiative
This initiative looks beyond the legislation and the present youth justice system to find ways in which society, as a whole, can address youth crime and its
associated concerns.
Legal
Quest
Canada’s youth justice system needs to protect society, command respect and
foster values such as accountability and responsibility. It must be made clear
to young people that criminal behaviour will lead to serious consequences.
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Changing the present law is not enough. Canadians must support young people and help them to avoid criminal involvement in the first place or try to
help them turn their lives around so they don’t become involved in crime.
The Youth Justice Renewal Initiative examines how society and communities
can work together to address youth crime by looking, not only at the offenders, but also at the underlying reasons for their involvement in crime.
The Youth Justice Renewal Initiative supports the use of alternatives to the
formal court process such as diversion programs. Alternatives can involve the
whole community, the person involved, the parents, the teachers, the police
and the victims of the crime. Youth will be held accountable and will see the
value that the community places on doing something to right the wrong done.
These alternatives are called "Extrajudicial Measures and Extrajudicial
Sanctions" in the new legislation.
Of course the courts will be used to deal with young offenders who have committed serious offences or young people who are repeat offenders. New and
expanded sentences will apply and more emphasis will be placed on their
rehabilitation and reintegration.
Community-based court ordered sentences will be encouraged, where appropriate. A community-based sentence could include restitution, compensation
for victims and restorative approaches, such as participating in a community
justice conference, attendance at rehabilitative programs, community service
and community supervision.
Communities will be directly involved with improving the supervision of and
the reintegration of violent or repeat young offenders who are released from
custody into the community. The new sentences would provide for close supervision and support in the community and would also include attendance
orders; intensive support and supervision orders; and deferred custody and
supervision orders.
One of the goals of this expanded involvement is to promote safer communities over the long term.
Youth Criminal Justice Act
This Act forms the backbone to the restructuring of the youth justice system.
The legislation reinforces the principle that the criminal justice system for
young people is different from the one for adults. It provides a clear direction
and it establishes a structure for the application of its principles. It also
resolves inconsistencies in the present system.
The Act recognizes the role of the victim in community based measures as well
as in the court process, and includes them in the conference process. The victim's right to information and access to the records of the young offender is
established by the Act.
Legal
Quest
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Key Elements
Principles
• 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
These principles promote the long term protection of the public.
Sentencing
Legal
Quest
Sentencing should reinforce respect for societal values, encourage the repair of
harm done to victims and the community, be meaningful for the individual
young person and respect the special circumstances of that young person.
• Have fewer young people in the formal justice system and have fewer custodial
sentences given for less serious offences
• Enhance options for police and Crown discretion before or during the formal
court process. The police and Crown are given statutory authority to caution,
reprimand and warn young people
• "Conferencing" is encouraged to allow the youth to be a participant in a process
with victims, family members and others to learn about the consequences of his
or her misbehaviour and to develop ways to make amends. Conferences can be
convened by the police, the prosecutor, or the judge.
• New sentencing options like a reprimand and intensive support and supervision
encourage non-custodial sentences where appropriate and support reintegration
• Wider range of sentencing options to repair harm done
• Encourages community-based referrals to deal with less serious offences
• Provides a clear, consistent and coherent code for youth sentences in order to
reflect a fairer approach to sentencing
• Purpose of sentencing is to hold a youth accountable for the offence committed
by imposing meaningful consequences and promoting the rehabilitation and
reintegration of the youth thereby contributing to the long-term protection of
the public
• Punishment imposed must not be greater than the punishment that would be
given to an adult in similar circumstances
• Punishment for the same offence, imposed in a region, in similar circumstances
should be the same for all youth. The Act creates a framework to accomplish this
• Provides that all proceedings against a youth take place in youth court where
age-appropriate due process protections apply. Ahearing on the appropriateness
of an adult sentence will only occur after a finding of guilt and all the evidence
about the offence has been heard. The procedure will be speedier, retain ageappropriate due process protections and will be more respectful of the presumption of innocence.
• Presumption that a youth under the age of 18 will serve an adult sentence in a
youth facility
• Allows courts to impose adult sentences upon conviction when certain criteria
are met
• Presumes that adult sentences will be given to young people 14 and older who
are found guilty of murder, attempted murder, manslaughter, aggravated sexual assault or who are repeat, serious violent offenders. The age limit for the
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presumption of adult sentences may vary from province to province at age
14, 15 or 16.
• Creates a new intensive rehabilitative custody and conditional supervision
sentence for the most violent, high-risk young offenders so that they can get
the treatment they need as an alternative to being given an adult sentence
Custody and Reintegration
Young people are more likely than adults to be rehabilitated and to become
law-abiding citizens. The Act:
• Requires that youth be held separately from adults to reduce the risk that
they will be exposed to adult offenders
• Requires that all periods of custody be followed by a period of supervision
and support in the community to ensure that the youth is closely monitored
and that s/he is receiving necessary treatment
• Requires the judge to state in court the portion of time to be spent in custody and the portion of time to be served in the community
• Requires conditions to be imposed on periods of supervision and a reintegration plan for each youth
• States that a youth who breaches the conditions of community supervision
could be returned to custody
• Gives flexibility to the provinces when determining the level of security for
custody and when to move the young offender who has reached the age of
adulthood while in custody to an adult facility
• Encourages continuity between the custody and the community portions of
the sentence through increased reintegration planning throughout the
whole sentence
• Encourages the community and community agencies to participate in and
to take an active role in the reintegration of young offenders
Publication and Records
The Act strives for a balance between transparency in the justice system and
the need for young people to be protected from negative publicity during their
rehabilitation. Publication of names will be allowed when:
• A youth receives an adult sentence
• When a youth receives a youth sentence for murder, attempted murder,
manslaughter, aggravated sexual assault, or has a pattern of convictions for
serious violent offences unless the judge rules otherwise
• Is permitted only after the young person has been found guilty.
• It is necessary to apprehend a young offender, under court order, who is at
large and is a danger to others
Non-Court Responses
Legal
Quest
By Police:
Extrajudicial “measures”
taking no further action
warning
caution
referral to a community based agency
By Crown:
Extrajudicial “sanctions”
warning
referral to a community based agency
For more information look on the website www.lawcourtsed.ca
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The Basics
Student Summary
Youth Criminal Justice Act
Introduction: The Youth Criminal Justice Act applies to young people who are 1217 years old. Offenders are referred to as "young persons". The overall purpose of the
Act is to make the public feel safe. Young people must be accountable for their actions
which means that they must face the consequences for their wrong-doings. The consequence for the crime must be proportionate to the seriousness of the crime. That
means that more serious crimes should have more serious consequences.
Principles of the Act
• 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
These principles promote the long term protection of the public.
What Does the New Law Do?: The Youth Criminal Justice Act establishes a fair
and effective youth justice system. Serious and repeat offenders will be dealt with
more severely. There are many choices or options in sentencing. Victims, parents and
the community are encouraged to become involved in the process whether it is in
court or not.
Legal Rights: The accused youth has all the extra protections under the law such
as the right to remain silent, the right to know the reason for arrest and the right to
retain legal counsel. The youth is entitled to legal counsel at arrest, at trial and when
a sanction is being used. As well, a youth is entitled to have an adult or parent present when being questioned by the police. Youth can also waive their rights under the
Act.
Legal
Quest
Violent and Repeat Offenders: Serious violent crimes occur when someone gets
hurt as a result of a crime or if there is a serious risk of someone being hurt. For
example, a robbery in which no one was injured could be considered "violent" if a gun,
or even a replica of a gun, was used as a threat. A youth is a "repeat offender" if s/he
has committed a crime before. The Youth Criminal Justice Act can give an adult sentence to a youth 14 years old or older if that person has been convicted of one of four
serious violent offences or if the youth has a pattern of convictions for violent offences.
This means that when a youth (14,15,16 or older) commits attempted murder, murder, manslaughter, aggravated sexual assault or a third serious violent offence an
adult sentence shall be imposed if the youth is found guilty. The trial is always held
in youth court. Aprovince may fix an age greater than 14 years but not more than 16
years for the purpose of the application of the provisions relating to these presumptive offences. The Act can provide for a sentence that includes special supervision if
the youth has committed one of the more serious crimes. This special supervision is
called "intensive rehabilitative custody." The maximum youth sentence in the Act is
ten years for first-degree murder, six years served in custody and four years under
supervision. The Youth Criminal Justice Act states that the media may publish the
name of a youth who has been convicted of a serious violent crime and has received
an adult sentence. If the youth does get an adult sentence for a serious violent crime
then the records are treated in the same way as if the youth were an adult.
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Non-Violent Crime and First Time Offenders: Most youth who commit crimes
are either non-violent or first time offenders. Non-violent and first time offenders will
have a range of options other than going to court such as police warnings or police or
Crown diversion programs. Extrajudicial Measures and Sanctions may place young
people who offend into programs that will help address their problems and they may
also provide an opportunity for restitution to the community. If they go to court sentences could include doing something for the victim to make up for the crime or doing
some form of community service.
Custody as a Consequence: Keeping people in custody has been shown not to be
the best approach for rehabilitation. When people are released they might commit
further crimes because they have not broken their old habits. Therefore, alternatives
to custody should be considered for youth.
Alternatives to the Formal Court Process: "Extrajudicial Measures and
Sanctions" are designed to solve problems and to keep young people out of the court
system by having them take responsibility for their actions and, where appropriate,
take other action such as to apologize, to attend counselling, to make restitution,
among others. These extra-judicial measures and sanctions are often more meaningful and can help the youth focus on repairing the harm done to the victim and to the
community.
Restorative Justice: Restorative justice means that those who are involved in a
crime - victims, victims' families, youth who offend and the community - are encouraged to reconcile, restore and repair relationships and situations.
Rehabilitation: Rehabilitation means that young offenders must take steps to
address some of his/her problems. This Act believes that young people must be held
accountable for their crimes. However, because of their age, young people are less set
in their ways and they are more likely to respond to treatment programs and to be
successfully rehabilitated and become law-abiding citizens. The Act underscores the
importance of rehabilitation programs such as drug and alcohol counselling, anger
management programs and job training.
Reintegration: Reintegration means that the youth must learn to fit back into
his/her community. The Act makes this a priority. All custodial sentences will include
a period of supervision in the community following the period of custody.
Reintegration planning will be required for all youth in custody. There may be some
rules that the youth must follow. The youth may have to attend school, obey a curfew, not associate with certain people, not use drugs or alcohol and attend anger management or drug and alcohol counselling. If these conditions are followed while the
youth is being closely supervised and supported then the youth has a better chance of
not committing a crime again during this critical period.
Legal
Quest
Consequences of Having a Criminal Record: The convicted youth would have
a criminal record for up to five years after s/he has completed his/her sentence or ten
years if a violent offence. If s/he commits another offence within that time period then
the previous offence could be addressed in court especially in sentencing. Even a
"closed" youth record can be reopened by the court at a later time if more offences are
committed. A convicted youth may not be able to travel to another country or secure
certain types of employment if they have a record. What youth need to realize is that
their young offender criminal record will not automatically disappear after they reach
the age of 18. These are serious consequences for youth.
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Why Do We Have Youth Legislation?
What Does It Say?
Ask the students to imagine two different teachers teaching a lesson - one to
kindergarten students and one to grade seven students. During the lesson a
student in each class hits another student out of anger about something that
happened prior to class. Ask the students to discuss what the consequences
for these actions might be in each case and ask the students to provide reasons as to why they think that the teachers might handle the incidents differently.The differences in the maturity of the children require different
responses.
Explain to the students that the Canadian legal system recognizes that youth
crime and adult crime need to be dealt with differently, too, because we
acknowledge that maturity aids us in making responsible choices and foreseeing consequences.
The proposed Youth Criminal Justice Act is detailed in the preceding two
pages. You could copy these pages to hand out to the students.
Discuss the points covered in the basics called What’s It All About? Youth
Justice. Have the students complete the worksheet and then review the
answers with the class orally and elaborate with as much detail as time permits. Draw upon cases from current events where possible. Focus your oral
review of the answers on the key principles.
What’s It All About? Youth Justice
1.) F 2.) T 3.) T 4) F 5.) T 6.) F 7.) T 8.) T 9.) T 10.) T 11.) T 12.) F
13.) T 14.) F 15.) T and 16.) T
Legal
Quest
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What’s It All About? Youth Justice
Read the article on the Youth Criminal Justice Act and use the article
to answer the following True/ False questions.
1. ________ Young people age 12-17 are not punished for the crimes they
commit.
2. ________ To prevent crime and to provide meaningful consequences to
youth who offend are two of the overall principles of youth
justice system.
3. ________ Youth who commit crimes have the right to counsel and the right
to remain silent.
4. ________ Parents are not part of the process after a youth is arrested.
5. ________ Police can decide whether or not to use diversion rather than to
go to court.
6. ________ Police just warn the youth who has committed a serious crime.
7. ________ If extrajudicial measures were used then a youth would not be
charged and s/he would not have a criminal record.
8. ________ If a youth is tried in youth court s/he may receive an adult sentence if convicted of attempted murder.
9. ________ A pre-sentence report helps a judge decide on an appropriate
sentence for a youth who offends.
10. ________ Victims are allowed to make statements to the court about how
the crime has affected them.
11. ________ Repairing the harm done to the victim is a consequence a youth
might face.
12. ________ Performing community service hours is the only consequence for
a youth convicted of murder.
13. ________ Counselling for anger management could be a condition of
probation.
14. ________ A juvenile criminal record has no effect once the youth who
offended turns 18 years old.
15. ________ Following a rehabilitation program helps young people stay out
of trouble.
16. ________ The name of a youth who offends may be published.
Legal
Quest
Name: _____________________________________ Date: _____________________
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What about the victims of youth crime?
Victims are allowed to submit victim impact statements to the court for the
consideration of the Youth Court judge prior to the sentencing of a young
offender. This allows victims to become involved in the process by providing
an opportunity for them to be heard. Repairing the harm to victims usually
takes the form of compensation, restitution, or community service hours.
Compensation means that victims are reimbursed for loss of or damage to
property caused by the commission of the offence. Restitution is the return of
property to victims. The order may only be made at the time of sentencing
and upon application by the victims. Work in the community will often be
used as a way to compensate the whole of society. In the case of serious
crimes, victims may not feel that they can be compensated in any way. Have
the students role-play to understand how victims of crime might feel.
The following activities will help students to understand the impact of crime
on victims.
Personal Incident
Ask the students to remember a time when something happened to them that
they felt was unfair. Perhaps someone hurt them or took something from
them and that person did not receive any punishment. Or perhaps their parents or someone their family knows has experienced a break and enter at their
home or the theft of a car. Before students share their experiences orally have
them visualize the incident in their minds and try to recall where they were
at the time, who was involved, what was said and the details of the incident.
The more detailed their memories are then the more readily they will be able
to relate to the impact of crime on victims in general. Have them share their
experiences in small groups.
Brainstorm as to the various emotions that victims may experience: anger,
sadness, fear and worry. Some of the students may have actually been a victim themselves and this could trigger some emotional reactions especially if it
was a physical or sexual assault. Victims do need to tell someone but you may
want the school nurse on hand for counselling just in case.
Ask the students to consider what penalties or consequences could have been
imposed to make them feel like the wrong had been addressed. They could
consider consequences such as payment for an item, replacement of an item,
a letter of apology, time spent repairing something, or time spent rendering a
service.
Trevor’s Story
Have the students sit in small discussion groups. Read the following the story
to the class:
Legal
Quest
"Trevor was a troubled young man with no family. He lived in a group home.
By 16, he had already been having run-ins with the police for a couple of years
and most of the people who knew him, in the small B.C. town where he lived,
were convinced that he would end up in jail. He did not attend school often nor
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did he have a job. Late one night the police caught him smashing the expensive plate-glass front window of a Main Street camera shop. He had planned
to break into the shop and to steal camera equipment, which he was going to
sell to a pawnshop in the big city. He was going to use the money to buy a
motorcycle. As he sat in the back seat of the police cruiser he knew his desire
for a motorbike was the least of his problems."
Pause at this point in the story and tell the class that Trevor could be charged
with breaking and entering and that he might spend time in custody. Ask the
students how the victim, the owner of the camera shop, might feel after his
shop window had been destroyed and some of his camera equipment had been
damaged. What do the students think this shop owner would want to have
done to right this wrong? What alternative(s) to the formal court system
might exist for Trevor? Have the students in small groups discuss how this
case could be resolved without having Trevor go to court. Have one member
of each group report back to the class. Continue the story.
"Trevor could have ended up in court however Crown counsel referred him
to a Community Alternative Measures Program. When Trevor agreed to
participate, a meeting was set up with the police officer, Trevor's group home
parents, the owner of the camera shop and other members of the community
who deal with the counselling of young offenders. At the meeting, Trevor took
responsibility for what he had done and he agreed to pay for the cost of replacing the window by working in the camera shop. He also agreed to a period of
counselling to help him get his life on the right track."
Community Justice Conference
Our court system is adversarial — one side argues against the other. While
this seems to be a good method for settling many disputes, going to court can
be a time-consuming and expensive process. It can also leave many individuals feeling dissatisfied. For example, victims of crime often feel that offenders
deserve stiffer sentences or, at times, victims feel neglected in the court
process. However, this is changing as the justice system begins to show more
concern for victims.
Legal
Quest
Community justice conferencing has proven to be very effective in some
situations as a way of correcting wrongs in a cooperative manner. The conferences are facilitated in the community by police officers or volunteers who
have been trained in the process. The process requires that the offence is
appropriate for this measure, that the offender is willing to admit to the wrongful action and to take responsibility for it and that the victim is willing to
participate. The investigating police officer, the offender, the victim and other
people who are willing to support the victim and the offender (parents, grandparents, siblings and/or friends) meet at a place arranged by the conference
facilitator. They sit in a small circle and the facilitator leads them through a
process which requires the offender to accept the responsibility for his or her
actions. The victim has an opportunity to tell the offender how the wrongdoing
has affected him/her. Others in the circle get an opportunity to do the same.
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Then it's time for apologies from the offender to all who have been adversely
affected. Next the victim and the others have an opportunity to suggest ways
by which the youth can mitigate the harm that was done. Once the group has
come up with some solutions, the facilitator will write up an agreement that
everyone will sign.
The Dare
Jason, 17, visited his friends at a neighbouring school one day during lunch
hour. As the lunch hour was drawing to an end his friends dared him to pull
the fire alarm before returning to his own school. "I just might," he said as his
friends were heading to their classrooms. Jason surprised himself by pulling
the alarm before walking out of the school. He stood outside to watch. He was
a little surprised by the number of people who were filing out of the school and he was a little nervous that someone may have seen him pull the alarm.
He began heading back to his own school but he did not run, as he did not
want to appear to be suspicious. " I hope they enjoy the sunshine," he muttered as he glanced back towards the students and staff standing outside the
school. It wasn’t long before the rumours began to spread. The police questioned Jason’s friends and they admitted to daring Jason to pull the alarm.
When a police officer visited Jason, he confessed that he had pulled the alarm.
He had a couple of previous dealings with the police — such as the time when
they dumped out his beer when he was in a park with a bunch of other kids
but he had never been to court. Jason is in grade 11. He is not a great student
but he is getting by. He doesn’t have a part-time job but he hopes to work as
a mechanic one day.
Jason could be charged with mischief. Mischief occurred in this case when
Jason wilfully obstructed, interrupted or interfered with the lawful
use, enjoyment or operation of property by pulling the fire alarm. If he
is found guilty then the maximum penalty would be up to two years imprisonment.
Things to discuss:
Would a police warning be sufficient here? Why or why not?
Should the police send this file to Crown counsel?
Does Jason need to be taught a major lesson?
Do others need to see that the offender in this case received a severe punishment?
Simulation: Student Role-Play
(See script at the end of this section.) If time permits you could have the students act this out or they could prepare their own script based on the information above.
Legal
Quest
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The Victim’s Point of View
Divide the class into small groups and hand out a photocopy of one of the case
studies to each group. Each group must discuss their case and determine how
alternative measures could be applied to that case rather than using the formal court system. Each group must be prepared to explain to the whole class
the details of the case, how the victim would feel after the crime was committed, and what the offender could do to right the wrong. Remind the students
that consequences can be created to suit their case: payment, time given in
community service, repair or replacement of something, participation in
drug/alcohol counselling or anger management programs, mandatory attendance in school, non-association with certain people and/or time spent helping
someone do things that they are no longer able to do because of the injury they
suffered as a result of the crime.
Case Study: "Linda"
Linda is 13 and she has a very supportive family. Her parents have enough
money to buy her what she needs. However, Linda's friends are involved in
shoplifting and even though Linda doesn't 'need' anything she shoplifted a
pair of $25 earrings from a department store to show her friends that she
could be like them. A store clerk reported her suspicious activity to the store
detective who stopped her on her way out of the store. The earrings were
found in her bag.
Case Study: "Brian"
Michael and Brian, both 14, spent most of their evenings planning how they
were going to get into a concert that their parents had already said they could
not go to. One night Brian slept over at his friend Michael's house. That
evening Michael's mother came home early and she left her purse on the
kitchen counter. When Michael was in the washroom Brian opened her purse
and stole $125.00 in cash. The next morning the money was discovered to be
missing and Michael's mother phoned the police. The police visited Brian at
home and his mother searched his room in front of the police. The $125.00 was
found in one of his drawers.
Legal
Quest
Case Study: "Amy"
Amy, 16, has been using drugs and alcohol for over a year. She does not attend
school regularly and she comes and goes as she pleases. She ignores her parents' house rules. Her parents don't know what to do as they know that drugs
and alcohol are controlling Amy’s life. A neighbour, who is new to the neighbourhood, asked Amy if she would be willing to baby-sit one Saturday night.
Amy's parents were nervous about the idea because of Amy's drug use and
because of her unpredictable behaviour. However, Amy's parents also wanted
to give her a chance to behave responsibly. While babysitting, she called a
friend to come over and take away some of the neighbour's jewellery and small
electronic items. Amy planned on selling them to a pawnshop to get money to
buy more drugs. Because of Amy's age the pawnshop owner was suspicious
and he called the police. It was obvious that these items were not Amy's and
she confessed to the police who had arrived at the pawnshop with her parents.
Youth Criminal Justice Act • Q1
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Case Study: "Frank"
Frank, 17, has been having trouble at school. He and his parents had been
called in to see his high school counsellor several times. Frank was walking
through the parking lot when he saw his counsellor's car. He looked around to
make sure that no one was nearby. Then he took out his house key and ran it
along the side of his counsellor's car scratching the car. Later that day his
counsellor discovered the damage to his car and he called the police. The
police came and fingerprinted the areas above and below the scratch marks
and they found many sets of matching fingerprints. When the police questioned the counsellor about anyone who might be angry with him, the counsellor mentioned Frank’s name. Frank was brought into his counsellor’s office
with the police and he was told about the fingerprints. He admitted to doing
the damage.
Case Study: "Melissa"
Melissa, 16, has been angry with her parents for weeks because they wouldn't sign the forms to allow her to get a learner's license. Her parents told
Melissa that there had been too many times in the last two years when she
had shown very bad judgment. They were worried about her safety and the
safety of others if she were allowed to drive. Melissa's parents were out for the
evening and Melissa convinced her friend Beth that Melissa could drive them
to the convenience store to buy snacks and then to the video store to rent a
video. About four blocks from the store Melissa lost control of the car. She
crashed into a mailbox and a bus bench. The bus bench and the mailbox were
destroyed.
Case Study: "Vinh"
Vinh, 15, has been in trouble with the law several times for minor offences,
mostly shoplifting and possession of drugs. A friend of his father's had agreed
to give Vinh a job at a hardware store. The first month went well. Then the
owner began to notice that the sales registered on the detail tape of the cash
register were not equal to the cash in the drawer. The till was often short of
money at the end of Vinh’s shifts - sometimes only $25 but sometimes as much
as $60. It was not normal for the store to be out more that $10 at the end of a
day. The owner confronted Vinh and there was a heated argument. Vinh eventually admitted that he had stolen the money. He shouted at the owner, "What
did you expect? You knew I was a bad kid!"
Legal
Quest
Case Study: "Anthony"
Anthony, 15, has been in trouble for fighting at school several times but he has
never been involved with the police. A convenience store close to his school
would not allow him to enter during lunch hour because there were already
too many people in the store. The store had a policy of only letting in six
teenagers at a time during the lunch break to try and prevent shoplifting. At
the door Anthony argued with the owner who spoke very little English. The
owner then refused to let Anthony in at all because he frightened her. Later
that night Anthony returned to the store and vandalized it by breaking windows, ripping off plastic roofing and spray painting racial slurs on the sides of
the store. A neighbour, who heard the noise, called the police who arrived at
the store and found Anthony there.
Youth Criminal Justice Act • Q1
100
Police Discretion, Crown Diversion, and
Court Options
Teachers may find that when discussing appropriate sentences for crimes students tend to be very harsh. Teachers will need to spend time discussing with
students that society's goal is to create a safe and harmonious environment
for all. Students will need reminders such as, "would that punishment benefit society in the long term?" when they suggest a very harsh punishment. A
discussion may be needed on life in prison and how that experience can often
"harden" individuals and how it might make them less able to fit back into
society as productive, caring, and law-abiding citizens.
Depending on the circumstances of the crime and the youth's background the
young offender may be diverted away from the formal court process. Police
diversion may occur if the youth has not been in trouble with the law before.
If the best interests of the youth and society can be served with a warning, a
discussion with the parents or a referral to a community program then that is
the action that the police might take. If not, the police will investigate the
incident and make a report to Crown counsel.
Crown counsel may divert the young offender if it is a first offence and if the
offender shows remorse. A letter may be sent to the parents or Crown counsel may recommend extra-judicial measures in the community. The accused
will be interviewed by a youth court worker who will make recommendations
to Crown counsel as to what measures should be taken, such as community
work hours, apology to the victim, restitution, compensation or counselling for
the accused. If the young offender does not complete these conditions s/he
may then be taken to court. Any statement of guilt made by the accused in
these cases cannot be used in the court proceedings. In other cases, particularly for more serious or for repeat offences, going to court remains the only
option. Discuss with the class what makes one crime more serious than
another (where it is a repeat offence or where serious injury resulted or was
threatened).
In this lesson students will get an opportunity to look at case snapshots and
determine whether the case is likely to be diverted by the police, diverted by
the Crown or more likely to go to court. Ask the students to keep the above
factors in mind when answering the questions.
Key for the following case snapshots: 1.) CD or PD 2.) C 3.) C 4.) PD
5.) CD 6.) CD or PD7.) CD or PD 8.) C 9.) CD or PD 10.) C
Legal
Quest
Youth Criminal Justice Act • Q1
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Police Discretion, Crown Diversion,
and Court Options
For each crime below indicate whether it would likely lead to police
discretion (PD), or Crown diversion (CD), or whether it would go to
court (C).
___ 1. Joanne, 14, breaks into a car and steals the car CD player. This is
Joanne's first offence and she has never been in trouble with the law
before.
___ 2.
Allan, 15, spray paints graffiti across a neighbour's car. It will cost
the car owner $1200 to have his car repainted. This is Allan's fourth
time being involved with the law. He has been caught shoplifting or
vandalizing other people's property three other times since he was 13.
___ 3. Mark, 16, hits another boy across the face with a broken beer bottle.
The victim goes to hospital and undergoes surgery to repair a broken
cheekbone. He receives over 30 stitches. The victim will likely require
plastic surgery in the future. Mark has been convicted of two other
violent offences in the past.
___ 4. Angela, 12, shoplifts $45 worth of jewellery. This is Angela's first
offence.
___ 5. John, 14, smashes the glass case of a sporting goods store and steals
$500 worth of equipment from the window display. This is John's second offence. His first offence was for shoplifting.
___ 6. Erica, 17, gets caught with a small quantity of marijuana for her own
use. She has no previous criminal record.
___ 7. Geoff, 14, breaks off the antenna of car. This is his first offence.
___ 8. Nick, 15, beats up another boy who has refused to supply him with
drugs. Nick has been caught in possession of marijuana before.
___ 9. Matthew, 13, jacks up an expensive car and steals all of its hubcaps
and tires. This is his first offence.
___ 10. Sharon, 16, is involved in robbing a drug store with three other people. One of the clerks tries to escape and Sharon strikes him with a
baseball bat. She hits him in the head and the clerk dies.
Legal
Quest
Name: _____________________________________ Date: _____________________
Youth Criminal Justice Act • Q1
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Working with Case Studies
This activity is designed as a summary activity where students have the
opportunity to pull together everything they have learned.
• Students will read case studies and determine whether police diversion,
Crown diversion, or court proceedings are most likely.
• Students will also determine what alternative measures might be used or
what the sentence would be and what conditions of probation would be
suitable.
• Students would also assume the role of the victim and write a victim
impact statement to present to the class. Have them consider whether or
not restitution or compensation to the victim is possible or appropriate.
Review the key points of youth legislation as noted below with the students:
• whether the young offender has committed a serious crime
• whether the youth is a repeat offender
• the provisions for sentencing youth who have committed crimes
• the involvement of the community, parents and victims
• the treatment of youth crime in ways that fit the seriousness of the crime
and the youth's level of maturity
• diversion by the police or by Crown counsel
• alternative measures that provide for the young offender to become voluntarily involved in compensation, restitution, community service, drug and
alcohol counselling, anger management programs, curfews, not being
allowed to associate with certain people, attending school or job training.
The presentations to the class of the group’s scenario can be evaluated either
by the teacher or by the students.
Legal
Quest
Youth Criminal Justice Act • Q1
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Case Study: "Monica"
Monica, 16, used to work at a trendy clothing store. She has never been in trouble with the law before. She had a disagreement with her boss about her work
schedule. Her boss insisted that she work a shift when Monica had already
made plans. Monica was very angry and told her boss she'd rather quit than
work that shift. Monica unpacked her locker at work and stormed out of the
store. That night Monica returned to the store and began to spray paint rude
language on the front of the store windows. A customer in a nearby restaurant
called the police who arrived and found Monica in the middle of spray painting.
Case Study: "Bal"
Bal, 17, has been in trouble with the law for minor, non-violent offences before.
He has been trying to save his money so that he could buy a motorcycle. He
dreams of riding his motorcycle across Canada. He has worked at several lowpaying jobs to earn some money. However, he seems to spend more than he
plans for. Bal keeps getting fired, usually for being very rude to customers or for
being unreliable about his work schedule. He realizes that he is a long way from
his goal of being able to purchase the motorcycle. He becomes very angry and
frustrated at his situation. One night Bal uses a small baseball bat to smash in
the window of the motorcycle shop. The shop's silent alarm notifies the police
and the police arrive to find Bal hauling a bike out of the shop.
Case Study: "Liz"
Liz, 14, has always been popular at school. Other students, especially the girls,
seem to hang on to her every word. Renata has always been nervous around Liz
but Renata wants Liz to like her. Renata doesn't seem to have any friends at all
and she would sometimes tag along with Liz's group of friends. Renata has a lisp
and her family doesn't have a lot of money to buy her stylish clothes. One day
Liz and her group of friends were walking home and they saw Renata. Liz said,
"Hey, Renata. This evening there's a party at Andrea's house. Do you want to
come?" Renata, excited by being invited, agreed to come. The girls were watching for Renata's arrival. They met her at the street corner and they told her that
they're going to walk to the store to buy snacks. On the way to the store they
walked past a small park. Liz suddenly pushed Renata off the sidewalk into the
bushes. Another girl dragged Renata by the arms further into the brush. Liz
began to kick Renata while the other girls held her down. A couple of girls left
when things started to get out of hand but Liz stayed. Renata was unconscious
and Liz gave her several more hard kicks, including a couple of kicks to the head.
Liz piled branches on top of Renata and went back to Andrea's house. Early the
next morning, a jogger finds Renata's dead body and when the police investigate
the other girls tell on Liz.
Legal
Quest
Case Study: "David"
David, 12, has been in and out of several foster homes in the last three years.
His behaviour has been a problem at all of the homes. He does not attend school
regularly. Many cars in David's neighbourhood have been broken into and electronics and change have been stolen. Sometimes the car windows or locks were
broken. David is in the lane behind his house and a neighbour phones the police
because of David's suspicious behaviour. The police arrive and David tries to run
away. The police outrun him and catch him. There is a lot of change in David's
pocket and they find a small stash of stolen car electronics in the garage of his
foster home.
Youth Criminal Justice Act • Q1
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Case Study: "Michelle"
Michelle, 15, used to be an average student. For the last six months her
marks at school have fallen and she is no longer attending school regularly.
Michelle and another friend have been shoplifting for about six months and
they have not yet been caught. Michelle has never been involved with the
police. This time a sales clerk is very suspicious about their nervous behaviour and suspects that they are hiding merchandise in their bags and big jackets. They spend a long time in the changing room trying on clothes. The sales
clerk alerts a store detective who secretly followed them until they left the
store. He found that their bags were empty but that they were wearing many
layers of stolen clothing.
Case Study: "Chris"
Chris, 16, has been involved for about one year with a gang that his older
brother is in. The gang has broken into many homes, stolen goods and sold
them. The money they get from the stolen goods is used to buy drugs and
beer. Chris convinces a younger friend to break into a house with him without the gang. They had just broken into the house when the owner drove into
the lane. The owner saw the back door open and he called the police on his
cell phone. The police arrived and caught Chris and his friend inside.
Case Study: "Donna"
Donna, 17, has been an excellent student. Her parents don't understand her
recent behaviour since she has started seeing a lot of two new friends. Donna
does not come home on time anymore and her study habits are falling apart.
The police arrived at Donna's parents door one day with a search warrant. It
turns out that Donna and her friends had stolen credit cards from several
friends' parents' purses and teachers' purses at school and that they had
ordered merchandise from the Internet using the stolen credit card numbers.
The purchases were traced back to Donna's computer.
Case Study: "Van"
Van, 15, has been in and out of trouble since he was 12. He has had three convictions before for violent offences. Van no longer attends school regularly.
Van tried to buy a package of cigarettes from a convenience store but the clerk
asked for identification. Van got into an argument with the clerk. After much
shouting, Van left the store without the cigarettes. He returned with a knife
and a mask and he demanded the cigarettes. The clerk pressed the silent
alarm button. Van suspected that the clerk had alerted the police with the
silent alarm so Van reached across the counter and punched the clerk in the
face. The clerk fell to the floor with a broken jaw. The blow to the side of his
head left him with permanent hearing loss in one ear. Van took the cigarettes
and left. The clerk suspected that it was Van because of the previous argument and he recognized the voice of the masked thief. The clerk gave a
description of Van to the police. The police found Van because he was caught
speeding 15 minutes later.
Legal
Quest
Youth Criminal Justice Act • Q1
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Youth Justice Test
Choose the correct answer.
1. The Youth Criminal Justice Act only applies to:
a) 11-18 year olds
b) 12-17 year olds
c) 12-16 year olds
2. The Youth Criminal Justice Act makes a clear
distinction between:
a) shoplifting and mischief
b) criminal and civil law
c) first time offenders and repeat offenders
3. The Youth Criminal Justice Act states that all young offenders
a) will have their names published
b) must be held accountable for their actions
c) will have a chance at doing community service
4. Extrajudicial measures are meant to
a) provide more options for consequences when youth commit crime
b) be used only for shoplifting crimes
c) be used only for female young offenders
Matching
5. ___ minor offence
6. ___ violent offence
7. ___ victim
8. ___ curfew
9. ___ rehabilitation
10. ___ youth who are convicted
a) of a third serious violent offence could
receive an adult sentence
b) drug & alcohol counselling or anger
management program
c) shoplifting a $20 item
d) impact statement can be read in
youth court
e) punching someone in the face and
breaking their nose
f) must be at home by a certain time
11. Circle ALL answers that are correct:
a) possession of drugs is a property crime
b) a youth who commits murder may get an adult sentence
c) shoplifting is a violent offence
d) most young offenders have committed violent offences
e) community service is most often used for non-violent,
non-repeat offenders
f) Crown diversion means that a youth got arrested for wearing a crown
12. "Community Justice Conferencing" tries to involve three important people or groups. Who are they?
_________________ & ___________________ & ______________________.
Legal
Quest
Name: _____________________________________ Date: _____________________
Youth Criminal Justice Act • Q1
106
Youth Justice Test
Choose the correct answer.
1. The Youth Criminal Justice Act only applies to:
a) 11-18 year olds
b) 12-17 year olds
c) 12-16 year olds
2. The Youth Criminal Justice Act makes a clear distinction between:
a) shoplifting and mischief
b) criminal and civil law
c) first time offenders and repeat offenders
3. The Youth Criminal Justice Act states that all young offenders
a) will have their names published
b) must be held accountable for their actions
c) will have a chance at doing community service
4. Extrajudicial measures are meant to
a) provide more options for consequences when youth commit crime
b) be used only for shoplifting crimes
c) be used only for female young offenders
Matching
5. c minor offence
6. e violent offence
7. d victim
8. f curfew
9. b rehabilitation
10.a youth who are convicted
a) of a third serious violent offence could
receive an adult sentence
b) drug & alcohol counselling or anger
management program
c) shoplifting a $20 item
d) impact statement can be read in
youth court
e) punching someone in the face and
breaking their nose
f) must be at home by a certain time
11. Circle ALL answers that are correct:
a) possession of drugs is a property crime
b) a youth who commits murder may get an adult sentence
c) shoplifting is a violent offence
d) most young offenders have committed violent offences
e) community service is most often used for non-violent, nonrepeat offenders
f) Crown diversion means that a youth got arrested for wearing a crown
12. "Community Justice Conferencing" tries to involve three important people
or groups. Who are they? Offender & Victim & Community.
Legal
Quest
Youth Criminal Justice Act • Q1
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Youth Criminal Justice Act
1. Contact the youth court and probation services in your community to find
out what type of alternative measures are available in your community.
What types of programs can a young offender be compelled to do as a part
of his/her sentence? Write a short report and present it to the class.
2. Debate: The sentences young offenders receive are/are not appropriate.
Pick a partner and prepare both sides of this issue. Present the debate to
the whole class.
3. Prepare a survey for your entire grade about the youth legislation.
Distribute the survey and ask the students to complete it and return it to
you. Prepare a summary of the results of the survey to be presented to the
class. You may want to include questions about what they know about the
consequences of becoming involved with the law or ask if they think the
penalties are too mild or too harsh. You could also ask questions about their
attitudes about youth crime and how it could be prevented.
4. What have you learned about young people in trouble with the law? Do you
think the information will help you make choices in the future? Explain
your answer and hand in a short paragraph on the subject.
5. Look at the Youth Criminal Justice Act and discuss the following:
• is the age appropriate?
• should the penalties be changed?
• should the young offender ’s name be published?
• do you think more family conferences should take place?
• should the young offender be treated more severely if the crime is more
serious or if s/he is a repeat offender?
• do you think police should be able to divert young people into community
programs?
• do victims need to know more about what happened to the young offender?
• do you think the juvenile record should be sealed?
Write a short report detailing your answers and present it to the class in a
short speech.
Legal
Quest
Students participate in a mock trial and meet with a sheriff.
Youth Criminal Justice Act • Q1
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Community Justice Conference: The Dare
Simulation Script
Rely on the use of scripts to achieve the goals of the conference. The teacher
should collect the scripts after the simulation so that they are used for the
purpose for which they were intended and they not readily available to students who may be participating in these conferences in real life.
Facilitators basically follow a script, but with experience they learn what
works best for their own styles of facilitating conferences and they may modify the procedures a bit. A conference facilitator could be a volunteer or a
police officer from the community trained in conferencing. This process is also
being used in schools with great success in some situations. This is demonstrated well in the video, Introduction to Conferencing, available through the
Real Justice website http://www.realjustice.org.
This conference is based on a real case, but the names have been changed to
protect the youth's identity and some of the facts were changed to make the
simulation more expedient.
Jason Grewal, a 17-year-old who lived with his mother, a single parent, in the
interior of British Columbia, was known to police, but he did not have a criminal record. When Jason was questioned by the police, he immediately confessed and he appeared to be scared and remorseful. The police officer gave
Jason an opportunity to participate in a Community Justice Conference
rather than sending the information on to Crown counsel. Jason likely would
have been charged with mischief if the incident had gone to court. The conference information is confidential and participants will not receive a criminal
record if they choose to participate and accept the sanctions rather than go
through the court system.
Before the conference, the conference facilitator spoke with Jason, his mother, the principal, the assistant principal, and the investigating officer. The
facilitator advised them as to where and when the conference would take
place. Jason could have anyone else attend that he thought might be supportive, such as his grandparents, aunts, uncles, siblings, friends, teachers or
coaches.
The school principal was at the conference to represent the concerns of the victims, which, in this case, were the students, the staff and the members of the
fire department. The principal was told that she and any other victims who
attended should think about what they might ask of Jason to repair the harm
done by his actions.
Legal
Quest
The community justice conference facilitator sets up the chairs in a circle and
asks everyone to be seated around the circle. The victims and the officer
should sit on either side of the facilitator and Jason should sit across from
them.
Youth Criminal Justice Act • Q1
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Script
Conference Facilitator:
Welcome. As you know, my name
is_______________ and I am the facilitator for this conference. Also here today
are Constable ________________, who investigated the offence which brought
us here today; Ms. ________________, the principal of ________________ High
School, a victim of the offense; Mr. _________________, the assistant principal
of _____________ High School, another victim of the offense; Jason Grewal, the
offender, and Mrs. Grewal, the offender's mother.
Thank you all for attending this conference. This is difficult for all of
us but your presence here will help us deal with the matter which has
brought us together.
Today this conference will focus on an incident that happened on
_______________ at ______________ High School which involved a false alarm.
We are not here to decide whether Jason is a good person or a bad person. We
will focus instead on what Jason did and how his behaviour has affected
others.
Jason has admitted his part in the incident.
This matter may be finalized by this conference, subject to your
positive participation and satisfactory compliance with the conference
agreement. Do you understand that, Jason?
Today we all have an opportunity to be a part of repairing the harm that
has been done.
Jason, tell us what happened and what you were thinking about at the time
of the incident.
Jason: (Softly--sounding shy and embarrassed) I was over visiting my
friends at the ________________ School during the lunch hour. I don't go to
that school. I go to Western. It was a nice sunny day; the first we had had in
a long time. When the bell went for the kids to go back to class, my friends
dared me to pull the alarm. At first I wasn't going to, but then I thought, "I'll
bet all these kids would appreciate if I did pull the alarm. They could get a little fresh air."
Facilitator: What have you been thinking about since that incident?
Jason: I have been thinking that I wish I could go back to that day and do
things differently. I have been wondering what's going to happen to me.
Facilitator: Who has been affected by your actions?
Legal
Quest
Jason: (Again, softly and embarrassed) Well, certainly, the people at
school, my mother, the police officer...
Youth Criminal Justice Act • Q1
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Facilitator: In what way have these people been affected?
Jason: Well, I know all the classes were disrupted. The kids were pretty
excited. The teachers had just started their lessons. I caused them some
grief. The principal and assistant principal didn't know it was a false
alarm at first. I am sure they were concerned. My mother has been very
worried and embarrassed.
Facilitator: Now let's find out from the victims the way they have been
affected. Let's begin with you, Ms. ____________(Principal).
Principal: Well, my first concern was for the safety of the seven hundred
fifty students in the school and fifty staff members. I immediately had to
make sure they were all moving out of the school in an orderly fashion. When
the fire alarm rang, I was in the middle of an important conference with a student and his parents. We were just getting close to wrapping up the meeting
and we couldn't get back to it that day as the parents had jobs to go to. So it
meant a lot of concern and extra work. I am also here to represent the teachers who found the incident very disruptive. Classes had just settled in after
lunch. Some teachers were giving tests. The P.E. kids were supposed to participate in a mini tournament. Because of the time the false alarm took from
the class period they couldn't begin the tournament that day. The students in
home economics couldn't do the cooking project they had anticipated. The janitors had to find where the alarm was and determine whether it was really set
off by a fire or not. School students and staff had to stay outside until we
determined it was safe to come back in. Probably the worst inconvenience was
to the special needs kids. Many of them have problems with movement. They
like to be independent, but when we have a potential emergency we simply
need to take control and do what we need to do to get these students to safety. Many of them were very shaken about having to be carried or wheeled out
of the school by teachers and aids. Twenty minutes of approximately eight
hundred people's time was wasted and many people were upset.
Facilitator: Thank you. Now let's see what the assistant principal has to
add.
Assistant Principal: Well, my job is to first find out, along with the
janitor, if the alarm is real. If it isn't, I have to get back quickly to
the fire department to tell them not to come to the school. If the fire
department had come then they would not have been available to anyone else
who might really have needed them. On the day of the incident, there was a
fire at Fletcher's Mill fifteen minutes after the alarm was pulled at our school.
If I hadn't reached the fire department soon enough then this incident could
have caused a lot more trouble than it did.
Facilitator: Constable Jacobs, how has this incident affected you?
Legal
Quest
Constable Jacobs: Well, our detachment has been understaffed for the past
two months. Officers have been very stressed over all the work we have that
never seems to get finished. Currently, I am investigating a hit and run, an
arson, a serious threat, and a number of break and enters. I know when I
Youth Criminal Justice Act • Q1
111
get back to the office I will have more files on my desk and I also have to
prepare for two court appearances this week. This incident gave me more
work to do when I already have more than enough.
Facilitator: Mrs. Grewal, I expect this incident has been difficult for
you. Will you please tell us how it has affected you?
Mrs. Grewal: I felt sad and mad when I heard what had happened. My son
is too old to be doing things like this. I thought I had brought him up to be
a good boy. When I heard about this, I started to think about what I had
done wrong. It hasn't been easy being a single parent. I want my son to
finish high school and get a good job. I was embarrassed that my friends
and neighbours heard that Jason had pulled the alarm. I guess rumours were
going around the school. When I heard there had been an alarm, I wondered
which stupid person had done that. Then I learned from the constable that it
was Jason. I also knew that I had to tell his grandparents before they found
out from somebody else. That was the worst part.
Facilitator: Jason, now that you have heard from all of these people, do you
have anything to say to them? Let's begin with Ms. __________(Principal). Do
you have anything to say to her?
Jason: (Head down.) Sorry.
Facilitator: Jason, look at Ms. ______________ and tell her what you are
thinking.
Jason: Ms. ____________, I didn't think about how many people I was causing trouble for. I feel very bad about those special needs kids. I didn't even
think of them when I pulled that alarm. I will never do anything like this
again.
Facilitator: Now, Jason, how about the vice principal, Mr. __________. Do
you have anything to say to him?
Jason: (Looking at Mr. _____________) I am really sorry. I certainly didn't
think about the fire department and I didn't know about the fire at the
mill. I am lucky you were able to let the fire department know that it was a
false alarm.
Facilitator: Do you have anything to say to the constable?
Jason: (looking at the Constable) I am sorry for all the work I caused
you. I also know that I am lucky you gave me a chance to go through the
conference instead of sending my file straight to Crown counsel.
Facilitator: Jason, there's one more person in this circle to whom you owe
an apology, your mother.
Legal
Quest
Jason: (This time his voice is shaky) Mom, I'm so sorry.
Youth Criminal Justice Act • Q1
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Facilitator: We have come a long way here in a short time, but the
conference isn't quite over. I will begin with the victims to see what
else they would like to see happen as a result of this conference. I'll
begin with the principal. Do you think anything else should happen?
Principal: When I came here tonight, I was really thinking that I would
ask for a lot from Jason, maybe fifty hours of work at the school, cleaning up
the schoolyard or something like that. However, now that we have met face to
face and I see how difficult it was for him to come here tonight and how sorry
he is for his actions I really don't want anything more--except maybe a letter
of apology that I can make available to my staff and students. It wouldn't have
to include your signature as most people don't know who pulled the alarm.
Facilitator: Jason, do you think you could write a letter of apology to
staff and students of __________ School?
Jason: (with no hesitation) Yes, I could do that.
Facilitator: Do you feel the request is fair?
Jason: Yes, it is fair.
Facilitator: Mr. __________(Assistant Principal), do you have any thoughts
about anything else you would like to see happen as a result of this conference?
Assistant Principal: Well, when I came here, I wanted revenge. I was
angry but now I am not. I agree with the letter. It might help others to understand that no harm was meant and that Jason really is sorry. I also think that
Jason should do some community service hours at the fire station.
Facilitator: Constable _________, is there anything else you would like to
see come from this conference?
Constable Jacobs: I like the idea of a letter of apology and the community
service hours. I think it would be good to have a letter written to the RCMP
members in my detachment, too. This could help them understand what
can come from a conference like this since it's new to our community and
many members haven't participated in one. It could also help morale in the
detachment. It's good to see that some offenders are remorseful and it's
worth taking a chance on some people —especially first time offenders with
a good attitude like Jason has shown here today.
Facilitator: Jason, how to you feel about doing 20 hours of community service at the fire station and also writing a letter to the RCMP
detachment?
Jason: (sounding almost relieved) I can do that.
Legal
Quest
Facilitator: All right, what we have so far is that Jason will write two
letters of apology, one to the ___________ School students and staff and one to
the members of the RCMP detachment.
Youth Criminal Justice Act • Q1
113
Facilitator: Mrs. Grewal do you have any suggestions about what should
be done?
Mrs. Grewal: I think that Jason should be grounded for two weeks.
Facilitator: Do you think that is fair, Jason?
Jason: Yes, that is fair and okay with me.
Facilitator: Does anyone else have any other suggestions? Well, let's look at
some time lines. How long do you think it will take you to write the letters,
Jason?
Jason: I can write them tonight.
Facilitator: Just to be sure, let's give you three days. Mrs. Grewal, can I
count on you as a supporter of Jason here today to see that those letters
are written?
Mrs Grewal: Yes. Will you give us an address for mailing the letters?
Facilitator: Yes, I will include that in the agreement we all sign here in
a few minutes. We will all get a copy of the agreement. I will also include a
few comments about what should be included in each letter, but, of course, the
actual wording of the letter will be Jason's.
Facilitator: Jason, I am asking that you also send me copies of the letters you
write, so I can close this file when you have fulfilled your obligations. You can
send the letters in care of the RCMP to my attention. You will also need to contact the fire station for the community service hours. I will need a letter from
them saying you have completed those hours.
Facilitator: Is there anything else anyone wants to say before I close
the conference and write up the agreement? All right, thank you all for your
participation. This resolution wouldn't have been possible without you.
The facilitator then writes up the agreement which everyone has to sign.
•••••••••••••
The teacher then collects all the scripts from the participants. Discuss
whether or not the class feels that the consequence to Jason was appropriate.
Talk about what would have happened in the court system. It is important to
note that the Community Justice Conferences occur much more quickly than
court trials. One major advantage is that the incident isn’t in the distant past
when the conference is held.
Legal
Quest
The class can then discuss the advantages and disadvantages of the conference or if the teacher feels it is time for a writing assignment, students can be
asked to put their opinions in writing.
Youth Criminal Justice Act • Q1
114
114a
Mock Trial
Regina vs. Baljinder and Mark
Aggravated Assault
Sean identifying the accused.
Sarah testifying.
Mark testifying.
Legal
Quest
Youth Criminal Justice Act •
• Q1
114b