HISTORY: JUVENILE DELINQUENCY ACT
• CANADIAN LAW HAS COMMONLY SEEN YOUTH AS IN NEED OF SEPARATE TREATMENT IN COURTS
FOR CRIMES, WHEN COMPARED TO ADULT OFFENDERS.
• AS EARLY AS JUVENILE DELINQUENCY ACT (1908), YOUTH WERE “MISDIRECTED, MISGUIDED”
AND IN NEED OF “AID, ENCOURAGEMENT, HELP AND ASSISTANCE.”
• PRIORITY ON REHABILITATION AS OPPOSED TO OTHER OBJECTIVES OF SENTENCING.
HISTORY: YOUNG OFFENDERS ACT
• LAWS REGARDING CRIMINAL ACTIVITY BY ‘MINORS’ WERE REVISED IN 1984 WITH THE YOUNG
OFFENDERS ACT (YOA), WHICH INCLUDED:
• CRIMINAL PROCEEDINGS SIMILAR TO FULL COURT TRIALS.
• PROVIDED NEW WAYS OF DEALING WITH ‘AT RISK’ YOUTH THROUGH SENTENCING THAT
WOULD ADDRESS THE ‘UNDERLYING CAUSES OF CRIME.’
• MORE SAFEGUARDS FOR YOUTH AGAINST PEOPLE IN POSITIONS OF AUTHORITY THAT WERE
OPEN TO ABUSE.
HISTORY: PROPOSED CHANGES TO YOA
•
REPORTS FROM YOUTH JUSTICE STRATEGY (1998) AND SUMMIT ON JUSTICE (1999) RECOMMENDED
THAT YOA BE REVISED FOR:
• PREVENTION.
• MEANINGFUL CONSEQUENCES FOR OFFENCES BY YOUTH.
• HARSHER PUNISHMENT FOR VIOLENT REPEAT OFFENDERS.
•
KEY RECOMMENDATIONS:
• LOWERING AGE OF RESPONSIBILITY.
• HOLDING PARENTS MORE ACCOUNTABLE.
• USE OF INCARCERATION AS LAST RESORT.
• ALTERNATIVE MEASURES AS SENTENCES.
YOUTH CRIMINAL JUSTICE ACT
• CRITICISM OF YOA RESULTED IN CREATION OF THE YOUTH CRIMINAL JUSTICE ACT (YCJA 2003)
• 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.
YCJA’S FOUR MAIN PRINCIPLES
• YCJA’S MAIN PRINCIPLES:
• PREVENTION OF CRIME BY ADDRESSING CAUSES OF CRIME AND ENCOURAGE COMMUNITY
EFFORT TO REDUCE CRIME.
• MEANINGFUL CONSEQUENCES THAT HOLD ALL YOUNG PEOPLE ACCOUNTABLE FOR THEIR
ACTIONS (AND TO HELP THEM UNDERSTAND THE IMPLICATIONS OF THE HARM THEY’VE
DONE).
• REHABILITATION AND REINTEGRATION INTO SOCIETY.
• FLEXIBILITY FOR PROVINCES TO ESTABLISH YOUTH JUSTICE POLICIES THAT BEST MEET
THEIR LOCAL NEEDS FOR YOUTH.
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.
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.
SECURED 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.
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:
1.
2.
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.
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
YOUTH CRIMINAL JUSTICE ACT I ACTION
DIFFERENCES BETWEEN YCJA AND ADULT JUSTICE
YOUTH CRIMINAL JUSTICE ACT
• DEALS WITH 12-17 YEAR OLDS IN TROUBLE WITH
THE LAW.
• ALLOWS SOME YOUNG OFFENDERS TO FACE
CONSEQUENCES LIKE COUNSELING OR COMMUNITY
SERVICE.
• PROHIBITS ADULT SENTENCING FOR 12-13 YEAR
OLDS. ALLOWS ADULT SENTENCING FOR 14 AND
OLDER FOR SERIOUS CRIMES.
• PROTECTS PRIVACY OF YOUNG OFFENDERS.
• ALLOWS MOST YOUNG OFFENDERS TO AVOID
CRIMINAL RECORDS.
CRIMINAL CODE OF CANADA
• DEALS WITH ADULTS IN TROUBLE WITH THE LAW.
• MAKES GOING TO COURT A USUAL
CONSEQUENCE FOR BREAKING THE LAW.
• DEFINES ADULT SENTENCES WHICH CAN
INCLUDE LONG PERIODS OF IMPRISONMENT FOR
SOME CRIMES.
• ALLOWS PUBLICATION OF OFFENDERS’ NAMES.
• CREATES A CRIMINAL RECORD FOR MOST
OFFENDERS.
SOME EFFECTS OF THE YCJA
Under the YCJA, fewer young people are
charged with breaking the law because police
can give young offenders other consequences
EXAMPLE OF YCJA IN ACTION
ALBERTA WOMAN WHO KILLED FAMILY GETS PARTIAL CURFEW REPRIEVE
CONVICTED TRIPLE MURDERER, KNOWN ONLY AS J.R., WAS 12 WHEN SHE KILLED PARENTS,
BROTHER IN 2006
A YOUNG WOMAN WHO KILLED HER FAMILY IN 2006 CAN NOW STAY OUT PAST 11:30 P.M. ON
WEEKENDS, A JUDGE DECIDED AT HER YEARLY SENTENCE REVIEW IN MEDICINE HAT ON THURSDAY.
THE WOMAN — WHO CAN ONLY BE IDENTIFIED AS J.R — WAS 12 YEARS OLD WHEN SHE AND HER
23-YEAR-OLD BOYFRIEND JEREMY STEINKE MURDERED HER PARENTS AND EIGHT-YEAR-OLD
BROTHER IN THE SOUTHERN ALBERTA CITY.
SHE WAS CONVICTED IN 2007 ON THREE COUNTS OF FIRST-DEGREE MURDER AND SENTENCED TO
A 10-YEAR INTENSIVE REHABILITATIVE CUSTODY AND SUPERVISION PROGRAM…