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? How do Canada’s Justice System and the Youth Criminal Justice Act attempt to treat young offenders fairly and equitably? What role do Cdn citizens and organizations play in the fairness and equity of Canada’s justice system for youth?

Why is she blindfolded? What do the scales represent?

The Justice System in Canada Seeks to be FAIR and EQUITABLE. It seeks to be fair in applying the law to everyone It seeks to be equitable when it takes individual needs and circumstances into account.

Words to Know Fair & Equitable – rules apply to everyone equally but individual needs and circumstances are considered when judgment comes Justice – the act of applying the laws Justice System – institutions and procedures for applying the laws (justice) in society Legislation – laws created through the process discussed in chapter 1

Time Line Juvenile Delinquents Act: 1908-1984 Young Offenders Act: 1984-2003 YCJA: 2003-Present

Juvenile Delinquents Act: 1908 – 84 Children 7-13 were usually not charged for criminal offenses Believed they could not understand the seriousness of their actions If it could be proved that a child could form criminal intent, he or she would be charged and tried in the same courts as adults 14 or older - tried in adult courts and were subject to the same penalties as adults: hanging, whipping, or imprisonment. Forced to serve their sentences alongside adult offenders in typically filthy, over-crowded prisons.

Young Offenders Act: 1984-2003 In 1984 Young Offenders Act replaced the Juvenile Delinquents Act. Provincial offences were to be dealt with under separate provincial legislation. Created a separate court system and process for dealing with crimes committed by youths. The term “juvenile delinquent” was no longer used in legal documents and actions and the term “young offender” was adopted. The Young Offenders Act stipulated a minimum age of 12 and maximum age of 17 throughout Canada.

YCJA: 2003-Present Introduced a more “legalistic” model for youth justice and moved away from the “social welfare” approach. Youth were now to be “held accountable” and “bear responsibility for their contraventions”. Recognized that young persons were not adults and that they should not “be held accountable in the same manner or suffer the same consequences … as adults”. Why? The Gov’t of Canada was concerned that the country had one of the highest youth incarceration rates in the world, even higher than the United States.

Intention of YCJA (pg 70) Prevent crime (what social circumstances caused them to commit). Rehabilitate and reintegrate young persons into society Ensure meaningful consequences for these offences to contribute to the long-term protection of society. Look at young offender’s complete story – not one size fits all Face consequences quickly – before YCJA, courts too busy with other cases and some young offenders would wait a long time for their day in court. Why is it important to receive consequence as soon as possible?

YCJA cont. Philosophy -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 with which youth are charged are against property, like theft and mischief.

Differing Views

Inside the Justice System

Youth vs Adult Justice Youth Adult 12 -17 Yo 17+ Face consequences like community service Prohibits adult sentences for 12-13 yo Privacy from media Avoid criminal record Adult 17+ Court is usualy consequence Adult sentences, incl. long period in jail Media can publish details Criminal record

Some Important Terms

Factors that affect Consequences Pg. 68 in Textbook

Youth Crime Rates Since YCJA

Youth Crime Rates Since YCJA

Youth Crime Rates Since YCJA

Who does the YCJA Affect? P.g 71 Connect to Big Ideas Q.2