Youth Criminal Justice Act (YCJA) To Cover by June 5th: -What is the difference btw the Y.O.A and the Y.C.J.A. (and why?) -Age restrictions/limitations and sentencing? -The goal of treating youth “criminals”? Criminals: Born or raised

Youth Crime Timeline 1908 Juvenile Delinquents Act (informal procedure and judicial discretion) 1984 Young Offenders Act (more of a focus on youth responsibility and special rights for the needs of youth and also societal protection) 1986 Young Offenders Act amended (mainly custodial placements) 1992 Young Offenders Act amended (increases maximum sentence from 3 to 5 years for murder and changed rules for trying youth in adult court) 1995 Young Offenders Act amended (increases maximum sentence from 5 to 10 years for murder and presumption of transfer to adult court for yr-olds charged with violent crimes)

1996 Federal-Provincial Review of the Young Offenders Act 1997 Recommendations for Change (publication, serious offenders, minimum and maximum age) 1999 Bill C-68 Introduced (legislation to change the YOA) 2002 Youth Criminal Justice Act (Royal Assent and legally into force on April 1 st 2003) Youth Crime Timeline

Youth Criminal Justice Act (YCJA) All About Law >>> Pgs Answer ONLY : - Pg. 287 >>> Q. 4, Q. 5 and Q. 6 - Issue on Pg. 304 >>> Q. 2, Q. 4, and Q. 6 Cases: R. v. I. (L.R.) and T. (E.) on Pg. 289 R. v. I. (L.R.) and T. (E.) on Pg. 289 R. v. M.C on Pg. 291

Purpose of the Youth Criminal Justice Act “young people” (12-17 yrs-old) have the same rights as adults under the Canadian Charter of Rights and Freedoms additional rights The purpose of the YCJA is to identify the fact “young people” (12-17 yrs-old) have the same rights as adults under the Canadian Charter of Rights and Freedoms, as well as additional rights as young offenders. update It was passed primarily to “update” the Y.O.A act. Many people believed the Y.O.A had too many sweeping powers and was far too soft on young criminals in Canadian society.

Pg. 287 Q.4 (aged 12-17) Criminal Code of Canada A youth (aged 12-17) can be charged with any criminal offence found in the Criminal Code of Canada. For violent crimes anyone over the age of 12 can be tried as an adult For violent crimes anyone over the age of 12 can be tried as an adult – Rarely does a 13 or 14 year-old get sentenced with adult punishments (“grey area”)

Pg. 287 Q.5 criminal intent Age 12 was considered to be the age at which young people can form criminal intent. This is important because it restricts charging those under 12 and holding them criminally liable. on-trial-for-killing-neo-nazi-dad#

insists he did and made a deliberate move to shift the van into gear intent While the defence argues the teen did not have the vehicle in park, the Crown insists he did and made a deliberate move to shift the van into gear to drive away — which shows intent. deaths involving police officers need only prove the act was intentional accused knew there was a likelihood of death Though planning and deliberation are key issues in most first-degree murder trials, deaths involving police officers need only prove the act was intentional and that the accused knew there was a likelihood of death. terrorseasoned thrill- seeker who had stolen his parents vehicles for midnight joyrides dozens of times (and had been involved with the YCJA earlier in his teenage years…) The Crown also disputed the defence theory that the teen acted out of terror, insisting he was a seasoned thrill- seeker who had stolen his parents vehicles for midnight joyrides dozens of times (and had been involved with the YCJA earlier in his teenage years…). Const. Garrett Styles Death

Pg. 287 Q.6 powerlessness of the court system when charging young offenders under the age of 16 A distinction was made to limit the powerlessness of the court system when charging young offenders under the age of 16. Now, young offenders as young as 14 can be tried in adult court(s) and for violent crimes… In addition, youth courts can hand out adult sentences for crimes with sentences longer than 2 years + a day…(to federal penitentiaries)

Pg. 304 Q.2 “There has been a dramatic increase in classroom violence that reflects greater violence in society in general” “There has been a dramatic increase in classroom violence that reflects greater violence in society in general” – From Dec. 2012

Pg. 304 Q.4 Do zer0-t0lerance policies work? Do zer0-t0lerance policies work?

Pg. 304 Q.6 Reduction of school violence. Statistics show the violence is getting worse, but the frequency is declining…. Reduction of school violence. Statistics show the violence is getting worse, but the frequency is declining….

What happens to offenders when arrested? Bottom of Pg. 287 to the top of Pg. 294 Bottom of Pg. 287 to the top of Pg. 294 – Answer: Pg. 292 Q. 5 and Q. 7 Pg. 295 Q. 2, Q. 3, and Q. 4 R. v. C.G.M (2000) on Pg. 295

YCJA Online Exam