Criminal Law and Young People Chapter 12

Youth and Crime At one time, children 7 years of age and over who committed a crime were tried as adults Many reformers thought that children needed to be treated differently because they lack maturity and judgement 1908 – parliament enacted the Juvenile Delinquents Act Juvenile delinquents  children between the ages of 7 and 16-18 (depending on the province) who committed crimes were considered “unmanageable” or “sexually immoral” Juveniles were sent to training schools for relatively minor offences  disciplinary and vocational instruction to juvenile offenders

By the 1970s Canadians were critical of the Juvenile Delinquents Act – argued it wasn’t working Many were reoffending, threatened public safety Gave judges and police broad powers Finally, act failed to recognize the legal rights of youths (1982)

Juvenile Delinquents Act (1908) Young Offenders Act (1984) Legislation Juvenile Delinquents Act (1908) Young Offenders Act (1984) Amendments to Young Offenders Act (1992- 1995) Youth Criminal Justice Act (2002)

Young Offenders Act (1984) Shifted the youth justice system from a welfare-oriented approach to a criminal approach Young offender  under the YOA, a person at least 12 years of age and under 18, who breaks the criminal law Young persons were held accountable for their crimes but at a lower level of accountability than adult offenders Recognized Charter rights By early 1990s the # of youth crimes reported in Canada increased – people wanted tougher approach

In response, federal government amended the YOA Increased the maximum sentence a youth court could impose for murder from 3 years to 10 years Many people still thought problems were not solved, wanted tougher measures By 2000, Canada had one of the highest rates of youth incarceration in the world Some people wanted to lower min age of youth court jurisdiction to 10 years and all 16+ to be tried as adults Finally in 2003, the YOUTH CRIMINAL JUSTICE ACT replaced YOA

Youth Criminal Justice Act (2003-present) Long-term protection of society, focus on rehabilitation Make the sentence match the crime Consider measures other than custody, provisions for family, youth workers to be more involved in different stages of the process Prior to 2008, youth automatically given adult sentences if convicted of 1st degree, 2nd degree murder, attempted murder, manslaughter, aggravated sex assault or repeat serious violent offences Youth are now entitled to youth sentence, Crown may petition Identity of young person who receives adult sentence may be known to the public only after sentencing

Incapacity of Children The legal presumption that a child under the age of 12 cannot form the necessary mens rea to be convicted of a crime Not criminally responsible May remove child from home, place in group/foster home, sent for treatment to a secure mental-health facility

Fast Fact According to Canada’s Department of Justice, there was a 20% decrease in youth crime cases between 1991-2003

Youth Criminal Justice System Page 367

Community Based Measures 1st time offenders can be dealt with extrajudicial sanctions  participating in community based programs instead of going to court Youth may be required to apologize to the victim, replace or repair damaged property, return stolen goods, other kind of community service Young person’s parents must be informed of the program Victim has the right to know what kind of program offender is involved in Any record in participation in extrajudicial sanction must be destroyed if youth does not commit any further offences for 2 years

Youth Justice Court A special court for young people between the ages of 12-18 who have been charged with a criminal offence If detained, entitled to a bail hearing Detention can be really disruptive for a youth from going to school or being with family members

Sentencing Options Youth sentence  punishment imposed on a young person that takes into consideration the principles involved in sentencing people under the age of 18 Probation is an option Custody  a sentence entailing confinement within a controlled facility; usually imposed on a young person who commits a serious crime Custody and supervision order  court order that sets out terms and conditions requiring the youth to spend 2/3rds of the sentence in custody and the last third in community under supervision Open custody  sentence directing a youth to stay in a group home or participate in a wilderness camp for a certain period Secure custody  a sentence that incarcerates a young criminal in a special youth facility