Youth Criminal Justice Act
Published on May 02, 2016
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PRESENTATION OUTLINE
DID YOU KNOW:
Canada has had the highest rate of jailing youth in industrialized world?
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Canada has recently created a
new law and new system of dealing with young people who break the law. What is it?
Photo by [Segle] - REFLEX IS BACK !
The Young Offenders Act
has become
The Youth Criminal Justice Act
Photo by Zuhair Ahmad
In Canada in 2010/2011
Guiding Principles of the YCJA
- Crime Prevention
- Rehabilitation
- Meaningful Consequences
- Reintegration
CRIME PREVENTION: Youth crime can be better prevented when the factors that contribute to it are addressed. Research
shows that factors such as poverty, family violence, substance abuse and high unemployment can all have a part in whether
youth engage in crime or not.
REHABILITATION:Youth in conflict with the law need help and support to promote good behavior. Guidance and support can
help youth become responsible citizens. Access to treatment and long-term support can help achieve this goal.
MEANINGFUL CONSEQUENCE: Community-based sentences and out-of-court responses are used for less serious offences to
include communities and victims of youth crime in the process. This can help reduce rates of youth in custody and help nonviolent
youth repair harm that they have done.
REINTEGRATION: To prevent re-offending, youth need help in returning to their communities. A commitment to maintaining
existing services and developing new programs can support youth in being productive in their communities. Examples of such
services or programs can be those that assist in learning life skills, finding employment, or participating in recreational activities.
shows that factors such as poverty, family violence, substance abuse and high unemployment can all have a part in whether
youth engage in crime or not.
REHABILITATION:Youth in conflict with the law need help and support to promote good behavior. Guidance and support can
help youth become responsible citizens. Access to treatment and long-term support can help achieve this goal.
MEANINGFUL CONSEQUENCE: Community-based sentences and out-of-court responses are used for less serious offences to
include communities and victims of youth crime in the process. This can help reduce rates of youth in custody and help nonviolent
youth repair harm that they have done.
REINTEGRATION: To prevent re-offending, youth need help in returning to their communities. A commitment to maintaining
existing services and developing new programs can support youth in being productive in their communities. Examples of such
services or programs can be those that assist in learning life skills, finding employment, or participating in recreational activities.
Photo by Scott*
Meaningful Consequence
- Is a verbal warning enough?
- Is a written caution that goes home to parents enough?
- Would a meeting at the police station be enough?
- Does the case need to be forwarded to the Crown to be prosecuted?
- Does the case need to be forwarded to the Crown to be prosecuted?
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Differences between the YOA and the YCJA
Photo by Curtis Gregory Perry
Differences between the YOA and the YCJA
Photo by Curtis Gregory Perry
YCJA: Out of court measures
- Creates a presumption that measures other than court should be used for first, non-violent offence.
- Encourages their use in all cases where they are enough to hold a young person accountable.
- Encourages the involvement of families, victims and community members.
Allows the use of measures other than court proceedings (alternative measures) but does not create a presumption that they should be used for minor offences.
Photo by Ed Yourdon
YCJA: Youth Sentencing
- Custody reserved for violent or repeat offences.
- All custody sentences to be followed with a period of supervision in the community.
- New options added to encourage use of non-custody sentences and support reintegration.Creation of intensive custody and supervision order for serious violent offenders.
No restriction on use of custody.
No requirement for community supervision following custody.
Does not provide for YCJA options like reprimand, intensive support and supervision or custody and supervision order for serious violent offenders.
No requirement for community supervision following custody.
Does not provide for YCJA options like reprimand, intensive support and supervision or custody and supervision order for serious violent offenders.
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YCJA: Publication
- Permitted if an adult sentence is imposed; or if a youth sentence is imposed for an offence that carries a presumption of adult sentence, unless the judge decides publication is inappropriate.
- Permitted only after the young person has been found guilty.
Permitted only if a youth is transferred to adult court to be sentenced as an adult.
Permitted before the youth is found guilty.
Permitted before the youth is found guilty.
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YCJA: Victims
- Concerns of victims are recognized in principles of the Act.
- Victims have right to access youth court records and may be given access to other records.
- Role in formal and informal community-based measures is encouraged.
- Establishes right of victims to information on extrajudicial measures taken.
No mention of victims in principles.
Victims may be given access to records.
No recognition of victims' role in the process other than the right to produce a victim's impact statement.
No right of victims to information on alternative measures taken.
Victims may be given access to records.
No recognition of victims' role in the process other than the right to produce a victim's impact statement.
No right of victims to information on alternative measures taken.
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YCJA: Custody and Reintegration
- All custody sentences comprise a portion served in custody and a portion served under supervision in the community.
- A plan for reintegration in the community must be prepared for each youth in custody.
- Reintegration leaves may be granted for up to 30 days.
No requirement that there be supervised reintegration after custody.
No requirement to plan reintegration during custody.
Temporary leaves may be granted for up to 15 days
No requirement to plan reintegration during custody.
Temporary leaves may be granted for up to 15 days
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Community Justice Forum
- brings together parents, friends, victims, police, supporters...
- meet with parties to discuss the incident and appropriate and meaningful consequence
- All partied able to recommend punishment.
- Trained facilitator helps group find resolution.
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Consequences of Having a Record
- Can be refused employment
- Could be fired from current work
- May prevent you from travelling
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The Truth about Criminal Records
- They don't get destroyed when you turn 18 - this depends on age and behaviour.
- The YCJA will deal with serious crimes in a serious manner
Photo by oliverkendal
Pat's parents offered to pay Pat to clean out their car while they were at work. While they were gone, Pat decided to get some practice and took the car out for a drive. Pat had a beginners license but was not licensed to drive alone. Not far from home, Pat lost control of the car and hit the neighbour's fence causing significant damage.
Once students are in groups, read scenario out loud. As part of the forum, students must decide on most meaningful and
appropriate consequence for the youth in the scenario. Important to remember that the youth must have accepted responsibility
for what happened to be given the opportunity to participate in an out of court program.
appropriate consequence for the youth in the scenario. Important to remember that the youth must have accepted responsibility
for what happened to be given the opportunity to participate in an out of court program.
Photo by kattebelletje
Jean has just turned 16 and leaves home and school determined to make it on his/her own. Unable to find work, Jean finds him/herself on the street, struggling to get by. Jean is caught shoplifting and is arrested at the local grocery store.
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