1 Chapter 2 To what extent is the justice system fair and equitable for youth? Chapter 2 To what extent is the justice system fair and equitable for youth?

2 Focus Questions of this Chapter  What is the intention of the Youth Criminal Justice Act ? (YCJA)  What are citizens’ legal roles and responsibilities?  How do citizens and organizations participate in Canada’s justice system?

3 What is the intention of the Youth Criminal Justice Act ? (YCJA) The Youth Criminal Justice Act (YCJA) was passed in 2002 and was proclaimed law in April The Youth Criminal Justice Act (YCJA) was passed in 2002 and was proclaimed law in April The objectives of the YCJA are to prevent crime; rehabilitate and reintegrate young persons into society; and ensure meaningful consequences for these offenses. The system can contribute to the long term protection of society. The objectives of the YCJA are to prevent crime; rehabilitate and reintegrate young persons into society; and ensure meaningful consequences for these offenses. The system can contribute to the long term protection of society.

4 Notes Continued… The philosophy of the YCJA is that young offenders should be treated differently from adults who are expected to understand and be fully accountable for their actions. The philosophy of the YCJA is that young offenders should be treated differently from adults who are expected to understand and be fully accountable for their actions. 75% of all youth crime is non-violent- most crimes which youth are charged with are against property, like theft and mischief. 75% of all youth crime is non-violent- most crimes which youth are charged with are against property, like theft and mischief. Young people who break the law typically have a history of having their rights violated, poverty issues, family difficulties, child abuse, and neglect. According to statistics about 1 in 6 have Fetal Alcohol Spectrum Disorder Young people who break the law typically have a history of having their rights violated, poverty issues, family difficulties, child abuse, and neglect. According to statistics about 1 in 6 have Fetal Alcohol Spectrum Disorder

5 Glossary terms : find the definitions on page 56 and add them to your notes. Fair and Equitable Fair and Equitable Justice Justice Justice System Justice System

6 Why do you believe justice is portrayed as being blind? This photo shows the statue of justice at the courthouse in Vancouver, B.C. The statue is blindfolded and holds a scale, or balance. Think about being accused of a crime, such as vandalism. In what way would you want justice to be “ blind ” ? What would you want justice to weigh in the balance?

7 An Edmonton hockey fan kicks a burning phone booth during a riot following a playoff game in Police arrested many people — youths and adults, bystanders and others — to stop the rioting in the interests of public safety. Think critically (answer in your notes): Who should face consequences for incidents like this? What consequences would be just? Go to: and view this news item.

8 Inside the Justice System A True Story Read the cartoon on page Then answer the questions in your binder. Read the cartoon on page Then answer the questions in your binder. Question #1 page 62 Question #1 page 62 Questions #2 and #3 on page 63 Questions #2 and #3 on page 63

Complete the following sections in your Ch.2 Handout: 9

How are youth and adult justice different in Canada? Canada has different legislation for youth who break the law and adults who break the law. Canada has different legislation for youth who break the law and adults who break the law. The Youth Criminal Justice Act (YCJA) was passed by parliament in Canada has had laws like the YCJA –that treat young offenders different from adult offenders since the 1890s. The Youth Criminal Justice Act (YCJA) was passed by parliament in Canada has had laws like the YCJA –that treat young offenders different from adult offenders since the 1890s. (Young Offenders Act-1984, Juvenile Delinquents Act -1908) (Young Offenders Act-1984, Juvenile Delinquents Act -1908) 10

Canada’s Justice System The YCJA – defines the consequences young offenders face for criminal offences. The YCJA – defines the consequences young offenders face for criminal offences. Criminal Code of Canada (CC of C) – defines the consequences adults face for criminal offences. Criminal Code of Canada (CC of C) – defines the consequences adults face for criminal offences. 11

YCJA Youth years old Youth years old Allows some youth to face consequences such as counselling and community service. Allows some youth to face consequences such as counselling and community service. Prohibits adult sentences for youths years of age. Prohibits adult sentences for youths years of age. Allows adult sentences for youth 14 years and older who have committed serious crimes. Allows adult sentences for youth 14 years and older who have committed serious crimes. 12

YCJA Protects the privacy of young offenders. (media can not publish names unless they receive an adult sentence) Protects the privacy of young offenders. (media can not publish names unless they receive an adult sentence) Allows most young offenders to avoid a criminal record. Allows most young offenders to avoid a criminal record. 13

Criminal Code of Canada Deals with adults in trouble with the law. Deals with adults in trouble with the law. Makes going to court the usual consequence for breaking the law. Makes going to court the usual consequence for breaking the law. Defines adult sentences, which can include long period of imprisonment for some crimes. Defines adult sentences, which can include long period of imprisonment for some crimes. Allows for publication of offenders’ names. Allows for publication of offenders’ names. Creates a criminal record for most offenders. Creates a criminal record for most offenders. 14

Consequences for Youth Before the YCJA – every young person who broke the law was charged and went to court. Before the YCJA – every young person who broke the law was charged and went to court. Often meant that young offenders did not face consequence for a long time, and that the consequences did not always connect back to the people affected by the offence. Often meant that young offenders did not face consequence for a long time, and that the consequences did not always connect back to the people affected by the offence. 15

What factors determine the consequences young offenders face? The seriousness of the offence. The seriousness of the offence. –Murder vs. theft The young person’s history. The young person’s history. –Repeat offenders more likely to get serious punishment. The young person’s attitude. The young person’s attitude. –A person who takes responsibility for his/her actions is more likely to face less serious consequences 16

What factors determine the consequences young offenders face? The young person’s attitude. The young person’s attitude. –A person who takes responsibility for his/her actions is more likely to face less serious consequences The circumstance of the young person. The circumstance of the young person. –Did he/she grow up in an abusive home? –Did he/she grow up in a loving environment? 17

What are the objectives of the YCJA? A. The youth criminal justice system is intended to: 1. Prevent crime by addressing the circumstances underlying a young person’s offending behaviors  Counseling for alcohol/drug abuse or help with coping with a family situation. 2. Rehabilitate young persons who commit offences and reintegrate them into society 2. Rehabilitate young persons who commit offences and reintegrate them into society  Providing young offenders with the skills to make positive choices in the future, and help them find positive ways to participate in the community. 18

What are the objectives of the YCJA? 3.Ensure that a young person is subject to meaningful consequences for his or her offences in order to promote the long-term protection of society.  A young person damages someone’s property, they should explain themselves to the person they wronged, and repair/replace the property 19

What are the objectives of the YCJA? B. B. The criminal justice system for young offenders must be separated from that of adults & recognize their reduced level of maturity:   Young offenders are not as responsible for their actions as adults and should not face the same consequences as adults. 20

How has the YCJA affected the number of youths charges with crimes? Add image. Add image. 21

Stats and Facts 22  Most young offenders get into trouble with the law only once. But, the younger people are when they first break the law, the more likely they are to break the law again.  Less youths are being charged since the YCJA was introduced, police have other options.

Are the consequences for young offenders appropriate? Read pages Read pages –Respond to the following questions for each article:  What is the main idea of the article?  What does it say about the fairness and equity of the justice system? In your opinion, which is more important: the privacy of young offenders or public safety? Why? In your opinion, which is more important: the privacy of young offenders or public safety? Why? 23

24 How to Create a Political Cartoon Techniques Used Symbolism Cartoonists use simple objects, or symbols, to stand for larger concepts or ideas. Exaggeration Sometimes the cartoonist overdo, or exaggerate, the physical characteristics of people or things in order to make a point. (Facial characteristics and clothing are some of the most commonly exaggerated) Labeling Cartoonists often label objects or people to make it clear exactly what they stand for. Analogy An analogy is a comparison between 2 unlike things. By comparing a complex issue or situation with a more familiar one, cartoonists can help readers see it in a different light. Irony Irony is the difference between the way things are and the way things should be, or the way things are expected to be. Cartoonists often use irony to express their opinion on an issue.

25 Analyzing Political Cartoons

What role do Canadian citizens and organizations play in the fairness and equity of Canada’s justice system for youth? The Jury: The Jury:  Under the YCJA, a person 14 years of age or older can choose to be tried by a judge and jury for certain serious offences (assault/murder)  12 people on the jury  ALL must agree in order to reach a guilty verdict  This means the decision is UNANIMOUS.  Anyone 18 years or older is eligible for jury duty with only a few exception (convicted criminal) 26

Jury  Serving on juries is a responsibility of any citizen called to participate.  You must take time off work, find a ride, etc. regardless or your personal desire  Employers have to give you time off for jury duty  But, they don’t have to pay you  You can be excused form jury duty if you can prove it causes undue hardship. 27

Jury Defence: Lawyer supporting the accused and his evidence to assist an innocent plea. Defence: Lawyer supporting the accused and his evidence to assist an innocent plea. Prosecution: Lawyer and evidence to support the guild of the accused Prosecution: Lawyer and evidence to support the guild of the accused Sequester: Remove the jury form the outside world. This means that they have no contact with media, and even sometimes family. Sequester: Remove the jury form the outside world. This means that they have no contact with media, and even sometimes family. 28

Advocacy Groups Canada’s two major citizen-led justice system advocacy groups: Canada’s two major citizen-led justice system advocacy groups:  John Howard Society (works with men, women, boys and girls in trouble with the law)  Elizabeth Fry Society (focus on justice issues for women and girls) Work independently of government, trying to solve the underlying reasons for crime. Work independently of government, trying to solve the underlying reasons for crime. They provide public education on the justice system They provide public education on the justice system 29

Advocacy Groups Work with youths and adults who have broken the law to help them return to their communities. Work with youths and adults who have broken the law to help them return to their communities. Stand up for the rights of youth and adults accused of crimes. Stand up for the rights of youth and adults accused of crimes. Call for measures to improve the fairness of the justice system for people accused of crimes and those harmed by crime. Call for measures to improve the fairness of the justice system for people accused of crimes and those harmed by crime. 30

What role do elders have in the justice system? Under the YCJA, young people may have to face consequences from Youth Justice Committees. These committees reflect the idea of the sentencing circle. Under the YCJA, young people may have to face consequences from Youth Justice Committees. These committees reflect the idea of the sentencing circle. Sentencing circles come from the traditions of some Aboriginal peoples. The committees act on the idea that breaking a law harms everyone in the community, and that the community must become involved in solutions. Sentencing circles come from the traditions of some Aboriginal peoples. The committees act on the idea that breaking a law harms everyone in the community, and that the community must become involved in solutions. 31

What role do elders have in the justice system? Instead of removing the offender from the community and isolating him or her, the circle affirms the essential goodness of the offender, attempting to restore and re-build the offender, the victim, and the community to which they all belong. Instead of removing the offender from the community and isolating him or her, the circle affirms the essential goodness of the offender, attempting to restore and re-build the offender, the victim, and the community to which they all belong. As respected members of their communities, Elders play an important role in this approach to justice. As respected members of their communities, Elders play an important role in this approach to justice. 32

END CH2 33

34 Viewing: Youth Justice a New Approach Watch the video on Youth Justice a New Approach Social Justice English Version Watch the video on Youth Justice a New Approach Social Justice English VersionSocial Justice English VersionSocial Justice English Version After watching the video complete the worksheet provided. You will have minutes to complete. Be prepared to discuss responses with the class. After watching the video complete the worksheet provided. You will have minutes to complete. Be prepared to discuss responses with the class.

35 YCJA vs. Criminal Code of Canada  Create a Venn diagram in your notes that compares the similarities and differences between the Youth Criminal Justice Act with the Criminal Code of Canada. Use the information on Page 64 YCJA CC of C

36 Walk in Assignment #3 and #4 #3 Do you think that a separate justice system is needed for young offenders? #3 Do you think that a separate justice system is needed for young offenders? #4 How would a criminal record affect your quality of life? How might it affect your identity? #4 How would a criminal record affect your quality of life? How might it affect your identity?

37 Role Play In groups of 2-5 (depending on the scenario you are given) You will act out a scene. Then you will decide individually what punishment is suitable for each scenario. Record your answers on the sheet provided. In groups of 2-5 (depending on the scenario you are given) You will act out a scene. Then you will decide individually what punishment is suitable for each scenario. Record your answers on the sheet provided. Each group will be given a scenario in your group you have 10 minutes to prepare a skit which you will re-enact in front of the class. Each student will be given a sheet to respond and rank the severity of the scenario. Each group will be given a scenario in your group you have 10 minutes to prepare a skit which you will re-enact in front of the class. Each student will be given a sheet to respond and rank the severity of the scenario.

38 Scenario #1 Drug Use Offender: Matthew Lawton Offender: Matthew Lawton Age 14 Age 14 The school principal caught Mathew smoking a joint behind the lockers. The principal immediately called the police and alerted Matthew’s parents. The school principal caught Mathew smoking a joint behind the lockers. The principal immediately called the police and alerted Matthew’s parents.

39 Scenario #2 Bullying Offender: Chico Sanchez Offender: Chico Sanchez Age 16 Age 16 Chico is a tough guy, and the leader of a small gang that is terrorizing a school. Lucas Jones, a student, was forced to pay Chico five dollars a week if he didn’t want to get beaten up. Eventually Lucas couldn’t pay, and he told his parents the whole story. He was arrested- and as it turned out, it wasn’t the first time. Chico is a tough guy, and the leader of a small gang that is terrorizing a school. Lucas Jones, a student, was forced to pay Chico five dollars a week if he didn’t want to get beaten up. Eventually Lucas couldn’t pay, and he told his parents the whole story. He was arrested- and as it turned out, it wasn’t the first time.

40 Scenario #3 Shoplifting Offender: Nancy Roberts Offender: Nancy Roberts Age 15 Age 15 Nancy was stopped by security guards for stealing a sweater in a department store. A month earlier, she had been issued a warning for having stolen a pair of earrings. This time, the police were called in and, with the aim of getting the parents involved. Nancy was stopped by security guards for stealing a sweater in a department store. A month earlier, she had been issued a warning for having stolen a pair of earrings. This time, the police were called in and, with the aim of getting the parents involved.

41 Scenario #4 Vandalism Offender: Charles Todd, alias Destroy Offender: Charles Todd, alias Destroy Age 16 Age 16 Charles was arrested by the police as he was drawing graffiti on a bus shelter. The officers read him his rights and took him to the station, where his case was taken over by an officer with the youth squad. Charles made use of his right to call a lawyer. Charles was arrested by the police as he was drawing graffiti on a bus shelter. The officers read him his rights and took him to the station, where his case was taken over by an officer with the youth squad. Charles made use of his right to call a lawyer.

42 Scenario #5 Armed Robbery Offender: Frederick Branson Offender: Frederick Branson Age 16 Age 16 Fred was arrested following an armed robbery in a convenience store. He spent the night in jail, and had to appear in court within 24 hours. The judge released Fred until the trial date, but set certain conditions he must follow for his release. Fred was arrested following an armed robbery in a convenience store. He spent the night in jail, and had to appear in court within 24 hours. The judge released Fred until the trial date, but set certain conditions he must follow for his release.

43 Scenario #6 Racism Offenders: Mark Hopper and Neil Lewis Offenders: Mark Hopper and Neil Lewis Age Both 16 Age Both 16 A young North African girl was the victim of a racially motivated assault perpetrated by Mark and Neil. Mark had no previous history and regretted his actions. The idea for the assault was Neil’s. He also had a pattern of violent conduct. A young North African girl was the victim of a racially motivated assault perpetrated by Mark and Neil. Mark had no previous history and regretted his actions. The idea for the assault was Neil’s. He also had a pattern of violent conduct.

44 Scenario #7 Assault Offender: Dan Archer Offender: Dan Archer Age: 16 Age: 16 On Friday afternoon, instead of attending school, Dan had gone to meet his friends at the video arcade. To get some spending money, he had stolen a purse from an elderly woman. During the theft, the woman’s arm was broken. In the presence of the victim, Dan was able to see the seriousness of his actions. On Friday afternoon, instead of attending school, Dan had gone to meet his friends at the video arcade. To get some spending money, he had stolen a purse from an elderly woman. During the theft, the woman’s arm was broken. In the presence of the victim, Dan was able to see the seriousness of his actions.

45 Scenario #8 Drug Trafficking Offender: Patrick Donahue Offender: Patrick Donahue Age 17 Age 17 Patrick was arrested on his way out of a rave where he had been selling Ecstasy. His father was the one who originally got him into dealing drugs at age 14. Eventually things changed for Pat and he decided to back to school. Patrick was arrested on his way out of a rave where he had been selling Ecstasy. His father was the one who originally got him into dealing drugs at age 14. Eventually things changed for Pat and he decided to back to school.

46 Scenario #9 Murder Offender: Hugh Baker Offender: Hugh Baker Age 13 Age 13 Hugh set fire to his home and admitted that he had done so to kill his mother’s new boyfriend, whom Hugh thought was trying to take his father’s place. Hugh was arrested. Hugh set fire to his home and admitted that he had done so to kill his mother’s new boyfriend, whom Hugh thought was trying to take his father’s place. Hugh was arrested.

47 Scenario #10 Joyride Offender: Simon Allen Offender: Simon Allen Age 16 Age 16 Simon was stopped by the police while driving along a neighborhood. He was legally obligated to identify himself, and finally did so with some reluctance. Simon did not have any identification with him; worse still he was driving a stolen vehicle. “It can’t be!” he protested. It was his father’s car! Simon, however, had taken the car without telling anyone: it was theft, even if it was the family car. The police arrested Simon and took him down to the police station. Simon was stopped by the police while driving along a neighborhood. He was legally obligated to identify himself, and finally did so with some reluctance. Simon did not have any identification with him; worse still he was driving a stolen vehicle. “It can’t be!” he protested. It was his father’s car! Simon, however, had taken the car without telling anyone: it was theft, even if it was the family car. The police arrested Simon and took him down to the police station.

48 Walk in Assignment #5 If two young people of the same age commit a crime, would do you feel that they should receive the same sentence? State at least 3 reasons why or why not. If two young people of the same age commit a crime, would do you feel that they should receive the same sentence? State at least 3 reasons why or why not.

49 Glossary Add the following terms into your glossary sheets Add the following terms into your glossary sheets Community service Community service Criminal record Criminal record Sentence Sentence

50 What Factors Determine The Consequences Young Offenders Face? Read page 68 to find out what determines the consequences for young offenders. Then answer the following question in your notes. Be prepared to discuss in class. Read page 68 to find out what determines the consequences for young offenders. Then answer the following question in your notes. Be prepared to discuss in class.Question: If you could add 2 more items to the consequence list for young offenders what would it be?

51 Walk In Assignment #6 and 7 #6 If you do something wrong, how important is it to receive consequences quickly? Why? How important is it to make up for wrong actions that affect others? #6 If you do something wrong, how important is it to receive consequences quickly? Why? How important is it to make up for wrong actions that affect others? #7 In your opinion, to what extent should the law apply equally to everyone, no matter what their circumstances? Why? #7 In your opinion, to what extent should the law apply equally to everyone, no matter what their circumstances? Why?

52 What are the objectives of the YCJA?333 Read page 70 and 71 Take a look at both charts. Read page 70 and 71 Take a look at both charts. Add terms Rehabilitate and reintegrate to glossary sheets. Add terms Rehabilitate and reintegrate to glossary sheets. Do questions #1 and #2 on Connect to the Big Ideas in your notes under the section Governance and Rights. Do questions #1 and #2 on Connect to the Big Ideas in your notes under the section Governance and Rights.

53 Connect to the Big Ideas Class Answers Objective Who it Affects Most Reasons Why

54 Reading Newspaper Articles We are going to read the newspaper articles on page 72 and 73 as aloud in class. Be prepared to discuss your opinions in class. We are going to read the newspaper articles on page 72 and 73 as aloud in class. Be prepared to discuss your opinions in class. The class discussion questions will be the Critical Thinking Questions. The class discussion questions will be the Critical Thinking Questions.

55 How to Read a Political Cartoon Read page 74 to find out more about how to read a political cartoon. Read page 74 to find out more about how to read a political cartoon. As a class we will discuss “What is the message of the cartoon?” page 74 As a class we will discuss “What is the message of the cartoon?” page 74 Then we will look at another example on the next slide and attempt to analyze and answer the questions that follow. Then we will look at another example on the next slide and attempt to analyze and answer the questions that follow.

56 Cartoon Analysis Worksheet After viewing the cartoon on the previous slide, complete The Editorial Cartoon Analysis sheet that was given to you in class. After viewing the cartoon on the previous slide, complete The Editorial Cartoon Analysis sheet that was given to you in class. You have 10 minutes to complete this sheet You have 10 minutes to complete this sheet Be prepared to discuss your analysis in class. Be prepared to discuss your analysis in class.

57 Chapter Task Create an original political cartoon that represents your views on the YCJA or an issue related to youth justice.. Create an original political cartoon that represents your views on the YCJA or an issue related to youth justice..Criteria: 1. Must be on topic 2. Must be in colour 3. Must have some text 4. Must use at least 3 techniques that you learned about in class.

58 Check List for your Political Cartoon Ask Yourself these questions after you have completed your cartoon and before you hand it in. What issue is my political cartoon about? What issue is my political cartoon about? Is my position clearly depicted? Is my position clearly depicted? Is my cartoon persuasive? Is my cartoon persuasive? Did I use the techniques outlined in class? Did I use the techniques outlined in class? Is it in colour? Is it in colour? Do I have some text? Do I have some text?

59 Political Cartoon Rubric Skill Points PointsScore 4321 Uses artistic techniques and followed the criteria set in class, to create an original political cartoon. The student successfully uses all artistic techniques, and has followed all criteria set in class to create a political cartoon. The student proficiently uses 2-3 artistic techniques to create a political cartoon and has followed most of the criteria set in class. The student attempts to use 1- 2 techniques to create a political cartoon and has followed some of the criteria set in class. The student make no little to no attempt to use any artistic techniques to create a political cartoon and has followed none of the criteria set in class. Artist has a strong viewpoint about an issue concerning the YCJA or Youth Justice Issues The student has a insightful viewpoint and has made a compelling attempt to persuade their audience The student has a perceptive viewpoint and is effective in their attempt to persuade their audience. The student has a general viewpoint and has made a reasonable attempt to persuade their audience. The student has a limited viewpoint and is ineffective in their attempt to persuade their audience. Communicates ideas, issues, and information with clarity in both written and visual form. Communicates ideas, issues, and information with a high degree of clarity in both written and visual form. Communicates ideas, issues, and information with considerable clarity in both written and visual form. Communicates ideas, issues, and information with some clarity in both written and visual form. Communicates ideas, issues, and information with limited clarity in both written and visual form. /12 /12

60 Spot the Issue Find a newspaper article on the YJCA or an article relating to Youth Justice or Youth Crime. Find a newspaper article on the YJCA or an article relating to Youth Justice or Youth Crime. Complete the Spot the Issue template given to you by your teacher. Complete the Spot the Issue template given to you by your teacher. This assignment will be taken in for marks and will be marked out of 9 points. This assignment will be taken in for marks and will be marked out of 9 points.

61 What role do Canadian citizens and organizations play in the fairness and equality of Canada’s justice system for youth? In this section you will learn about:  The role of Jurors  The role of justice advocacy groups  The role Elders play in the justice system for Aboriginal youth

62 What responsibilities do jurors have? Read page 79 to find out “What is a jury?” Read page 79 to find out “What is a jury?” Do the 2 Critical Thinking Challenges on this page in your Walk in Assignments section. Label them Walk in Assignments #8 and #9 Add the following terms into your glossary sheets: o Defense o Prosecution o Sequester

63 “On Jury Duty” Read the cartoon “On Jury Duty” on pages in your text book. Read the cartoon “On Jury Duty” on pages in your text book. Do Question #1 and #2 in the Connect to the Big Ideas section on the bottom of page 81. Put this in your Governance and Rights section of your binders. Do Question #1 and #2 in the Connect to the Big Ideas section on the bottom of page 81. Put this in your Governance and Rights section of your binders.

64 What do justice advocacy groups do? Read pages In this section you will learn:  What are advocacy groups.  What is the role of the John Howard Society?  What is the role of the Elizabeth Fry Society? Connect to the Big Ideas. Do question #2 on page 83 in your Governance and Rights section of your binders Do question #2 on page 83 in your Governance and Rights section of your binders

65 What role do Elders have in the justice system? Read Pages about how Aboriginal Elders contribute to the fairness in the justice system Read Pages about how Aboriginal Elders contribute to the fairness in the justice system Answer the question: “What is a sentencing circle?” Answer the question: “What is a sentencing circle?” Walk in Assignment #10 How do elders contribute to the fairness and equality of youth justice?