Youth Justice Flashcards

What was the Juvenile Delinquents Act

An act which gave judges serious discretion to intervene for young offenders

What is Parens Patriae

"Parent of the country", a part of the JDA which took a parental role for youth

What was the Young Offenders Act

An act which protected young offender's needs and rights

What is the YCJA

The current framework for 12-17yo which focuses on charter protections and diversion for youth

Is the YCJA federal legislation?

Yes, but provinces are responsible for implementing it

What are the 3 tiers to the YCJA

1. Minimal/no intervention, 2. Intermediate sanctions for first time or non-violent offenders, 3.Adult sentences for serious/violent offences

What are the principles of s.3

Protection of the public, a separate justice system for youth, fair and appropriate sanctions

What are extrajudicial measures

Police and crown counsel offered alternatives to divert youth who admit responsibility for less serious offenses

When can EJM's be applied in youth courts

At the pre-charge or post-charge stage

What are the EMJ measures

1. Taking no action, 2. Police warning, 3. Police caution, 4. Referral, 5. Crown caution, 6. Extrajudicial sanction

What is taking no action

The police take no response to an issue brought to their attention

What is a police warning

an informal warning to youth that continued wrongdoing can lead to a formal charge

what is police caution

formal warning to youth where a letter is written to the parents and a meeting is held

what is a referral

The youth is referred to community based treatment related to their offense

what is crown caution

When a youth is charged for an offense but the charge can still be dropped based on behaviour

What is EJS

Its used for serious offenses and involves a long period in a diversion program

What are extrajudicial sanctions

A formal type of EJM's that are applied outside of formal court for youth involved in more serious offenses

When are EJS's used

When a warning, caution, or referral is not enough

What are some examples of EJS's

counselling, restitution, apologies, community service

Why are youth cases handled quicky

To get them rehabilitation as soon as possible

How is pre-trial detention seen in youth courts

It is not permitted as a substitute but can be used if the offense is serious or the youth is unlikely to show up

How much time must pass before a youth can request an immediate release

30 days

What are the 3 objectives when sentencing young offenders

Accountability, rehabilitation, crime prevention

What is s.38(2) of the YCJA

All sanctions other than custody should be considered for young people, especially Indigenous (gladue principles)

What is s.38(2)(e) of the YCJA

The sentence must be the least restrictive and help with rehabilitation

What criteria must be met for a youth to be sentenced as an adult

14yo, 2+ year indictable adult offense, presumption rebutted, YCJA principles met, and a youth sentence would be inadequate

Who must ask for a youth to be sentenced as an adult

The crown must persuade and give a notice before the trial starts

What are the 2 levels of custody for youth

Secure facilities (medium to maximum security), Open facilities (less serious and resembles group homes)

What is a youth record

Any document which connects youth to a case in the youth justice system

What is an access period

a time period where the youth record is accessible

What is the access period for a summary offense

3 years after the sentence is complete

What is the access period for an indictable offense

5 years after the sentence is complete

What is the access period for EJSs

2 years after treatment is completed

Are youth records destroyed once the offender is 18?

No, they can be attached to an adult record if a new offense is committed during the access period, and it is permanent if they are charged as an adult

What is s27(1) of the YCJA

If the court thinks the parents should be present at trial, they can be ordered