1 Blair, Annice et al. ed. Law in Action: Understanding Canadian Law. 2 nd edition. Toronto: Pearson, 2009.

WHAT DO WE KNOW ABOUT YOUTH and CRIME? 1. What is the message of the cartoon? 2. Is youth crime really that big a problem in Ontario and Canada? 3. Why does youth crime occur? 4. Is there a connection between alcohol abuse and crime? Drug abuse and crime? 5. What crimes do young persons most frequently commit? 6. Who are the victims of youth crime? Have you ever been the victim of crime? 7. If you know anyone who has ever had any formal or informal- experience with the youth justice system, what was it?

YOUTH AND CRIME  It may seem difficult for us to believe that until _______, just over 100 years ago, adults and young people were all treated ________________ under the law...  Since then, __________________have been enacted that treat young lawbreakers differently than adults;  The legislations have been _________________ over the years, as many feel some have been too harsh, others too lenient; in the end, all believe that the adolescents need more resources to rehabilitate them at their young ages and prevent further crime.

So, why do we think that Youth Crime is on the rise?  Popular entertainment? Glorifies violence along with mass media’s exaggeration of changing social behaviour Think of realistic television shows (i.e. The premise of C.S.I. is investigating brutal murders and the content is explicitly shown—crime scenes are realistic and evidence is interesting)

YOUTH CRIME ON THE RISE?  During the past decade, a number of particularly violent crimes committed by young people have made headlines across Canada.  Do such incidents mean that violent crime among youth has increased?  Many Canadians believe this to be so, and they are losing confidence in the ability of the police and the legal system to protect them...  However, serious violent crime (murder, aggravated assault) actually represents a small fraction of reported crimes committed by youths.

According to Statistics Canada...

LEGISLATIVE REFORM AND YOUNG PEOPLE IN THE PAST  At one time in Canada, children ________________and over who committed criminal offences were tried as adults...  If convicted, they could face the _____________________as adults, like incarceration or hanging...  Many reformers argued that children need to be treated differently from adults because they lack the (1) maturity and (2) judgment to bear full responsibility for their actions.

JUVENILE DELINQUENTS ACT (enacted 1908, revised 1929) _________________ juvenile delinquents  In 1908, Parliament enacted the _________________that described children who committed crimes as juvenile delinquents (whose anti-social or deviant behaviour was attributed to a lack of proper guidance)  Juvenile delinquents included: children who ___________________________________________________ ___________________________________________________  The “delinquents” were not to be treated as criminals, but rather “misdirected children who needed encouragement and help in turning their lives around...” _______________________  The “welfare” of the misdirected child was the guiding principle of the Act, and many children were sent to _______________________ where they received disciplinary and vocational (occupational) instruction

By the 1970s, however...  Many Canadians were becoming ___________ of the Juvenile Delinquents Act, arguing that the welfare approach simply wasn’t working;  Many believed that instead of being _________________ in training schools, many juvenile delinquents were ____________________________, threatening the public safety;  Biased? The treatment of juveniles depended on the particular judge or officer dealing with the case, not on what the youth actually did...  Finally, the Act failed to recognize the legal rights of youths, which was a factor that became more significant with the entrenchment of the Charter in 1982

YOUNG OFFENDERS ACT (1984) ________________________  In 1984, Parliament replaced the Juvenile Delinquents Act with the ________________________, which shifted the youth justice system from ______________  ___________ __________________  Officially identified as a “______________” rather than a “___________________”  Minimum age raised from ____________and was extended to the youth’s 18 th birthday in ALL provinces  Under the YOA, young persons are held accountable for their crimes but at a LOWER level of accountability than adult offenders  YOA also recognized the legal rights of young people as set out in the Charter and additional rights for youths because of their age and vulnerability

Trends from YOA...  By the early 1990s, the number of youth crimes reported in Canada had _____________, and many citizens and critics were calling on the government to take a _______________ approach to youth crime, particularly ____________________________________  In response, the Federal government amended the YOA: it had always allowed young people facing serious charges to be transferred to adult court; amendments to the YOA increased the maximum sentence a youth court could impose for murder from 3 years to 10 years.  Well, this amendment didn’t really satisfy Canadians, as it failed to address the problem of youth crime, and by the mid 1990s, many organizations and provincial politicians were lobbying the federal government for tougher legislation.

So, What Was Needed?  The calls for ‘tougher’ measures to deal with youth lawbreakers came in spite of the fact that by the new Millennium (2000), Canada had one of the _______________________________________________  The review process was lengthy, and many wanted drastic changes such as lowering the minimum age of youth court jurisdiction to 10 and requiring all 16-year-olds be treated as adults...people wanted change...  In reality, however, governments needed to focus more on understanding the problems of youth crime instead of imposing harsh sentences that placed too many youths in expensive and highly influential facilities.

YOUTH CRIMINAL JUSTICE ACT (2003)  The new Act dealing with youth justice replaced the YOA and came into effect on __________________________________  Purpose of the Act: ________________________________  The YCJA sets out ways to promote this protection including: (1) addressing the ______________ underlying a young person’s behaviour, (2) focusing on measures that will impact youth’s _____________________ (making sure the sentence matches the crime)  Under the YCJA, police are required to consider measures _____ ____________________________________________________  The YCJA also make provisions for members of the youth’s family, the victim, youth workers, and other members of the community to be more involved in different stages of the process

Recall: YCJA Youth Court Process

YCJA cont’d...  Prior to 2008, youths were automatically given adult sentences if convicted of __________________________, attempted murder, manslaughter, aggravated assault, or repeat ‘serious violent offences’  Although a youth is presumed to be entitled to a youth sentence, the Crown may petition the Court to consider an adult sentence  The identity of a young person who received an adult sentence may be made known to the public, but only after sentencing

 First reactions to video  How is justice idea ‘sold’ to communities?  How do we get the communities REALLY involved? Whole Class Discussion: Judge Barry Stuart on the YCJA

INCAPACITY OF CHILDREN  The law assumes that a child under the age of 12 is incapable of appreciating the nature and consequences of a criminal act; therefore, not criminally responsible _________________________  This assumption is called the _________________________  Where do we see this? In Canada, children under the age of 12 who commit illegal acts (even serious crimes) are to be dealt with by their parents or according to the social welfare and mental health laws of each province or territory For example, under such laws the police can remove a child from the parents’ home and place him/her in a foster or group home Violent children or those with serious behavioural problems can be sent for treatment to a secure mental-health facility.

Useful Websites  Department of Justice: Evolution of Juvenile Justice gci/jj2-jm2/sec02.htmlhttp:// gci/jj2-jm2/sec02.html  Government of Canada: YOA psd.pwgsc.gc.ca/Collection- R/LoPBdP/CIR/8613-e.htmhttp://dsp- psd.pwgsc.gc.ca/Collection- R/LoPBdP/CIR/8613-e.htm  Department of Justice: YCJA lsjpa/back-hist.html lsjpa/back-hist.html