Notes on Youth Justice System and Legislation

Legislative Frameworks

  • Juvenile Delinquents Act (1908)

    • Focus on social welfare.
    • Judges had significant discretion in intervention.
    • Concept of parens patriae: "parent of the country".

  • Young Offenders Act (1984)

    • Aimed to balance protection of young offenders with public safety and accountability.
    • Criticized for being overly focused on offender rights and rehabilitation.

  • Youth Criminal Justice Act (YCJA) (2002)

    • Current federal framework for youth justice (ages 12-17).

The YCJA

  • Three tiers of intervention:

    1. Minimal or no interventions for minor offences - includes diversion and extrajudicial measures.
    2. Intermediate sanctions for non-first-time offenders who are neither serious nor violent offenders.
    3. Possibility of adult sentences for serious/violent offences if youth sentence is insufficient.

  • Principles (s.3):

    1. Protect the public.
    2. Separate youth justice system based on diminished blameworthiness.
    3. Fair, proportionate sanctions.
    4. Acknowledge due process protections for youth.

Trends in Youth Justice

  • Non-violent offences constitute 71% of charges against youth.
  • Youth Crime Severity Index decreased by 11% (2018-2022).
  • Youth incarceration rates fell by 44% (2017/18 - 2021/22).
  • Significant indigenous over-representation in corrections
    • Indigenous girls: 7 times more likely.
    • Indigenous boys: 5.5 times more likely.

Extrajudicial Measures (EJM)

  • Definition: Alternatives for police and Crown counsel to divert youth admitting responsibility for minor offences away from formal court system (both pre-charge and post-charge).
  • Types of EJM:
    1. No further action.
    2. Police warning.
    3. Police caution.
    4. Referral.
    5. Crown caution.
    6. Extrajudicial sanction.

Extrajudicial Sanctions (EJS)

  • Definition: Formal EJM for youth charged with more serious offences, applied outside formal court.
  • Potential requirements:
    • Attend counseling.
    • Make restitution.
    • Apologize to victims.
    • Community service.
    • Participate in restorative justice programs.
  • Conditions: Youth must accept responsibility and voluntarily participate; used when lesser measures are inadequate.

The Role of Parents & The Community

  • YCJA encourages parental involvement in justice process; however, parents often remain bystanders.
  • Youth Justice Committees (YJC):
    • Community-based committees offering initiatives for youth offenders, including EJM focused on restorative justice.
    • Not present in New Brunswick, Nova Scotia, or PEI.
    • Victims are often invited to YJC hearings.

Youth Justice Court

  • Specialized courts for youth cases.
  • Nearly 50% of cases are resolved within 3 months (R. v. Jordan principles apply).
  • Restrictions on pre-trial detention regarding child protection and mental health.
  • Youth can apply for trial release from pre-trial detention if trial hasn't commenced within 30 days for summary convictions.

Sentencing Young Offenders

  • Objectives:
    • Accountability of young offenders via proportionate measures.
    • Rehabilitation and reintegration.
    • Crime prevention.
  • YCJA section 38(2): All reasonable non-custodial sanctions must be considered, with particular attention to Aboriginal youth.
  • The sentence must be the least restrictive, promote rehabilitation, and acknowledge harm done.

Sentencing Youth as an Adult

  • Criteria for adult sentencing under YCJA:
    • At least 14 years old at the time of crime.
    • Found guilty of a crime with adult sentence of 2+ years.
    • Diminished moral blameworthiness can be rebutted.
    • Adult sentence must justify the need for greater accountability.
  • The Crown must provide notice and present justification for adult sentencing.

Youth Custodial Facilities & Experiences

  • Two custody levels:
    1. Secure custody: Restricted access and close supervision.
    2. Open custody: Access to community resources, smaller facilities.
  • High rates of peer-on-peer victimization; different experiences for boys and girls.
    • Girls face more pre-existing vulnerabilities; boys more adapt to institutional problems.
    • Girls tend to face higher rates of mental health issues and trauma.

Youth Records

  • Definition: Any document linking a youth to the youth justice system.
  • Access periods based on offence type:
    • Summary offences: 3 years post-sentence completion.
    • Indictable offences: 5 years.
    • EJS: 2 years.
  • Youth records are not automatically destroyed at 18; they can attach to future adult records upon new offences.
  • Youth sentenced as adults also acquire an adult criminal record.