A 12-year-old boy who brandished a knife while threatening another youth earlier this month has received an unusual sentence. The boy, who can’t be identified under provisions of the Youth Criminal Justice Act, pleaded guilty Wednesday in Lethbridge youth court to single counts of assault with a weapon and possession of a weapon. When it came time for sentencing, Judge Derek Redman ordered the boy to practice basketball. During the court proceedings, Redman questioned the underprivileged boy about his life and aspirations, and was told the boy wants to play basketball, even though he doesn’t play on a team and doesn’t even own a basketball. Redman noted the boy did not have a criminal record and had already spent seven days in custody, so he placed him on probation and ordered him to practice dribbling and shooting a basketball for at least five hours a week. When the boy said he doesn’t own a basketball, Redman said that would be taken care of and instructed the court sheriff to get one for him before he was released.

Two youth, the same age, are caught committing the same crime Two youth, the same age, are caught committing the same crime. The first has never committed a crime before. The second has been charged several different times for various crimes, with increasing seriousness. The first comes from a stable family – they live in a good home with both of their parents. The second comes from a more unstable family – parents are not involved, currently homeless. The first youth remains anonymous when the crime appears on the front page of the local newspaper. The second youth has both a picture and a name published on the front page of another local newspaper. Should they receive the same consequence? What is the fair thing to do? Should they (still) receive the same consequence? Should this impact the consequences for the offenders? How will these events affect both the identity and future quality of life of these two young offenders? Is this fair?

ARE FAIR AND EQUAL TREATMENT THE SAME THING?

Are Fair and Equal treatment the same thing? Equal: Everyone receiving the exact same thing Fair: Everyone receiving what they need

What is fair?

Should adults offenders and young offenders (under 18) be treated the same?

Did you know… That Canada has a separate Criminal Code for adults and youths. At what age do you think we transition from youth to adult? It is called… The Youth Criminal Justice Act (aka the YCJA), and it applies to youth, ages 12-17. The Canadian Justice System attempts to be “fair and equitable” – what do you think this means? All citizens must follow all Canadian laws But do offenders always receive the same consequences?

Define the following terms: Fair and Equitable Justice Justice System Governed by rules that apply to everyone but taking into account the individual need and circumstances Applying Laws The institutions and procedures for applying laws to society

Some Background Info… Criminal Code of Canada – established in 1892 - sets out the crimes, defenses, principles and procedures used by the courts to make decisions about criminal justice - It outlined that children should be tried separately from adults and without publicity.

1908 – Juvenile Delinquents Act - created a separate court to handle the specific needs of the child. Why? Believed that: children could not be reformed through therapeutic treatment; children were not responsible for their actions; and it is society’s fault if children get into trouble.

1984 – Young Offenders Act - Again a separate court was created for young offenders. Brought in age restrictions (12-17) Recognized that young people were not adults and should not be held accountable in the same way as adults

2003 - Youth Criminal Justice Act (YCJA) Objectives: - Young offenders should be treated differently than adults To prevent crime, To rehabilitate and reintegrate young persons into society To ensure meaningful consequences for youth offenders

So what’s the difference? How are young people treated differently under the YCJA? Using page 64 as a guide and the article provided, summarize the differences between these two justice systems.

The Stages of the Justice System Read the cartoon on pages 61-63. Write down the steps that the young girl went through in the Justice System. What rights did the accused have? Why do you think the criminal had to face their victim? What do you think would be an appropriate punishment?

Stages of the Justice System Crime is committed. Person is arrested and given rights: What are their rights? Why are people given these rights? Why is the presumption of innocence important? Person is asked for a statement after being read their rights. Person’s picture and finger prints are taken. Parents are called to pick up the individual (why was the accused released?). Meet with the Youth Justice Committee/ or go to Court – what do they do? The accused met with the victim. Sentence is carried out or else the accused goes to court. IS THIS A FAIR PROCESS? EXPLAIN

Symbols of Justice Why is “lady justice” blindfolded? What other symbols do you see?

Symbols of Justice “Lady Justice” Blind fold Scales Sword Scroll

Role Play – Crime Stories In groups of 4-5 create your own role play showing the steps of the justice system. You will be given a crime, you must: Make up a scenario (where, when, etc.) Background of the offender – create a character (1st time vs. repeat offenses, reasons for the crime, their background info) Determine the severity of the crime Consequences – using your textbook (see pgs 61-63, 66-67), or a laptop for quick research come up with logical, meaningful, and appropriate consequences for the crime Present your crime story to the class – act it out! Characters could include the offender, victim(s), police officer, lawyers, family members, judge (Must explain: the scenario, the crime, background of the offender, the consequences and why they were chosen) Will start presenting at 9:20!

Fair and Equitable Social 9 9.1.5

Define the following words: FAIR / EQUITABLE Are they the same thing?

How does this make you feel? To all Canadian citizens: Effective immediately, a new law has been established by the federal government to curtail the increase of youth crime, particularly gang violence, in Canada. All youth, ages 12–17, will be required to inform their local government agent about any travel outside of their community. This is to reduce the problems related to the recent rise of gang violence in Canada. It is the belief of the federal government that youth are central to this issue. The gangs are training youth to move illegal goods from area to area. The controlled movement of youth should assist in the reduction of violence and contact of gangs from community to community. Please be advised that this new law will be in place indefinitely. Government of Canada How does this make you feel? Is this fair? Is this equitable?

fair: treated the same Consider your initial reaction to this bulletin. You may be questioning how fair this new law is; the idea that not every citizen in Canada is treated the same.

equitable: taking into account individual or group needs and circumstances Or, you might be concerned about the law being equitable, taking into account that this new law affects all youth, even those who have nothing to do with gangs.

FAIR All children receive an education All citizens have access to health care The government has senators and MPs from each province and territory

EQUITABLE Special parking for citizens with disabilities Francophone and Aboriginal communities can operate their own schools More senators and MPs chosen from Ontario and Quebec Youth charged with crimes are not identified in the news

Discussion Do you agree with the Judge’s decision? Why or why not? Why would a judge give out a “punishment” like that? What factors do you think the judge considered when making his decision? Should the punishment have been more severe? What would the benefit of a more severe punishment be (if any)? How likely do you think the boy is to re-offend (commit another crime)? Would he be more or less likely to re-offend if he received a more severe punishment? Is this punishment fair and equitable?

To what extent is the justice system fair and equitable to youth To what extent is the justice system fair and equitable to youth? How do Canada’s justice system and the Youth Criminal Justice Act attempt to treat young offenders fairly and equitably?

A very important part of governance in Canada is the justice system. Protecting youth is an important part of Canada’s justice system. The Youth Criminal Justice Act was created to deal with youth who break the law, whereas adult offenders are tried under the criminal code.