1. Criminal Law and Young People
Chapter 12

2. 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 (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

3. 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)

4. 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)

5. 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

6. 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

7. 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

8. 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

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

10. Youth Criminal Justice System
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11. 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

12. Youth Justice Court
A special court for young people between the ages of 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

13. 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