1. THE JUSTICE SYSTEM Imagine the scenario:
Lesson #1
Imagine the scenario:
You and a friend are hanging around the local store after school. You accidentally break a window. The storeowner calls the police, who arrest you and want to charge you with vandalism. How would you want this situation to turn out? What would be just?
Is our justice system fair and equitable?
The justice system is an important aspect of governance in Canada. All Canadians have different views on how justice should be served.
One of the fundamental principles of justice in Canada is that a person is assumed innocent until proven guilty!!!

2. THE JUSTICE SYSTEM – UNIT PROJECT
Your Role: The minister of Justice is holding a forum to raise awareness about the Youth Criminal Justice Act and the youth justice system. He is inviting students to participate in the forum by researching and presenting a multi-media presentation sharing their views on issues related to youth justice.
Your research and presentation will answer the following question:
Should the justice system be
harder on youths who commit crimes?

3. THE JUSTICE SYSTEM – UNTI PROJECT
Your Presentation: Your multi – media presentation should focus on how the justice system should treat young people who commit crimes.
An understanding of the legislation that affects young offenders.
Knowledge of views and perspectives on justice for young offenders.
A statement of your position before and after your research.
Ideas – use power point, video, audio, anything to do with multi-media.
You will be given a portion of each class to work. This project is due at the end of the Unit. (TBD)

4. THE CRIMINAL CODE
Criminal Code of Canada was passed in 1892 by Canada’s parliament.
It sets out crimes, defences, principles and procedures used by the courts to make decisions about criminal justice.
Criminal law involves moral culpability (the choice to perform acts that Canadian society has prohibited because they are “wrong”.
Parliament has a separate stature that criminalizes drug offences as outlined in the Controlled Drug and Substance Act.

5. THE CRIMINAL CODE
The 1982 Canadian Charter of Rights and Freedoms provides constitutionally guaranteed legal rights to all people living in Canada.
Right to life, liberty and security of the person; right to be secure against unreasonable search or seizure; right not to be arbitrarily or imprisoned; specific rights upon arrest or detention and upon being charged with an offence; right not to be subjected to cruel and unusual treatment; specific rights for witnesses; right of the assistance of an interpreter.

6. Charter of Rights

7. JUVENILE DELINQUENTS ACT
Lesson #2
Early History:
Youth justice in Canada has its origins in English common law. Prior to 1300, age was not considered with respect to criminal act and punishment.
In the 1600’s, age 7 was determined as the minimum age fro criminal responsibility.
In 1857 the judges of Upper and Lower Canada were given the authority to deal with young offenders.
In 1892 Canada’s Criminal Code outlined that children be tried separately from adults and without publicity. At the time, society was dealing with child welfare and labour issues, poor, abused, and abandoned children, and weak public education.

8. Youth Justice Timeline
Youth Criminal Justice Act
present ↑
Young Offenders Act ↑
Juvenile Delinquents Act ↑
Criminal Code

9. JUVENILE DELINQUENTS ACT
The Juvenile Delinquents Act:
This was considered to be ‘social welfare legislation’ and applied to youth ages 7-16.(18, depending on jurisdiction)
An offence was considered a delinquency and the person was considered ‘in a condition of delinquency and therefore requiring help and guidance and proper supervision’.
Objective was to rehabilitate and reform – not to punish.
Young people who broke laws were considered not as criminals but victims of poverty, abuse and neglect.

10. JUVENILE DELINQUENTS ACT
The Juvenile Delinquents Act:
There was no Charter to protect a juvenile’s rights, and no right to a lawyer.
Judges, police and probation officers could impose whatever sentence they thought best for the youth. Because there were no formal guidelines, sentences ranged from incredibly harsh to incredibly lenient.
If found to be delinquent, juveniles could be sent indefinitely to correctional or training institutions.
Staff decided when rehabilitation was successful.
In 1984, the Young Offenders Act replaced the JDA.

11. INTENTIONS OF THE YOUNG OFFENDERS ACT
The 1984 YOA (Young Offenders Act) replaced the JDA.
Provincial offences were to be dealt with provincial legislation.
YOA created a separate court system and process for dealing with youth crimes. The term juvenile delinquent was replaced with young offender.
The YOA stipulated a minimum age of 12 and maximum age of 17.
The YOA 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 actions.

12. INTENTIONS OF THE YOUNG OFFENDERS ACT
The YOA 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 an adult.
The Government of Canada was concerned that the country had one of the highest youth incarceration rates in the world, even higher than the U.S.
Canada had a problem!!

13. INTENTIONS OF THE YOUTH CRIMINAL JUSTICE ACT
The YCJA was passed in 2002 and proclaimed law in April 2003.
The objectives of the YCJA are to prevent crime; rehabilitate and reintegrate young persons into society; and ensure meaningful consequences for these offences.
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 with which youth are charged are against property, like theft and mischief.
Many young people who break the law have a history of having their rights violated, poverty issues, family difficulties, child abuse and neglect.

14. Use this question to reinforce the Unit project!!
Does the YCJA strike the right balance between goals of rehabilitation and goals of deterrence and punishment?
Use this question to
reinforce the Unit project!!

15. YOUTH JUSTICE vs. ADULT JUSTICE
Lesson #3
YOUTH JUSTICE vs. ADULT JUSTICE
Canada has different legislation for young people who break the law, and for adults who break the law.
The YCJA was passed by parliament in 2003.
YOUTH CRIMINAL JUSTICE ACT
Deals with year olds in trouble with the law.
Allows some young offenders to face consequences such as counselling and community service.
Prohibits adult sentences for youths 12 to 14. Allows adult sentences for 14 and older who have committed serious crimes.
Protects privacy. No Names. No criminal record.
CRIMINAL CODE OF CANADA
Deals with adults in trouble with the law
Makes going to court the usual consequence.
Defines adult sentences, which can include long periods of imprisonment for some crimes.
Allows the publication of names.
Creates a criminal record for offenders.

16. FACTORS THAT DETERMINE CONSEQUENCES
The YCJA allows police, prosecutors, judges, and volunteers and professionals from the community to decide what happens to each young offender. They consider factors such as:
The seriousness of the offence. Violent vs. Non-violent.
The history of the young person. First time offender vs. repeat offender.
The attitude of the young person. Do they take responsibility for their actions or do they think it is a joke!
The circumstances of the young person. Drug and substance abuse, situations at home, past family history of abuse.

17. YOUTH JUSTICE vs. ADULT JUSTICE
Critical Thinking Challenge!!
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?
To what extent should the law apply equally to everyone, no matter what their circumstances?

18. RESTORATIVE JUSTICE
Lesson 5
Restorative justice is one way to respond to a criminal act. Restorative justice puts the emphasis on the wrong done to a person as well as on the wrong done to the community. It recognizes that crime is both a violation of relationships between specific people and an offence against everyone – the state.
Restorative justice programs involve the voluntary participation of the victim of the crime and the offender and ideally members of the community, in discussions. The goal is to restore the relationship.
Wrongdoers must make reparation to victims, themselves and the community.

19. RESTORATIVE JUSTICE Requirements for Restorative Justice Program
According to the Canadian Department of Justice, restorative justice can only occur when:
Offenders recognize the harm they have caused, accept responsibility for their actions and are actively involved in improving their situation;
The victim and the community are involved;
Trained facilitators are available in the community and a restorative justice programs is in place.
Key issue: Is the community willing to get involved?

20. SENTENCING CIRCLES
Sentencing circles are part of the restorative justice mandate and are intended to promote healing for all members of the community. They can only take place after a trial or guilty pleas has been entered.
Why a Sentencing Circle?
A sentencing circle is modelled on traditional Aboriginal processes or practices where the community itself takes on the responsibility for resolving a situation.
When a community member offends, the community itself is damaged.
A sentencing circle allows the offender to be accountable, the victim to have restitution and the community to heal.

21. HOW THEY WORK?
The accused, the victim, their families, the judge, lawyers, police, Elders and interested members of the community sit in a circle.
A blessing is given by an elder;
Everyone in the circle is considered equal and has a chance to talk;
The offender, the offence and restitution are discussed;
Decision is made by the consensus;
Judge imposes the sentence if within the boundaries of the law.

22. HOW THEY WORK? CONDITIONS:
A judge must approve using the sentencing circle process.
Justice representatives; judge, lawyers, police, must be willing to participate.
The offender must admit responsibility and be willing to make amends.
The victim is willing to participate and be involved.
The community must assume responsibility for sentencing the offender, and follow up and support.

23. RESULTS
Some success, some failure. WHY?

24. HOW TO READ A POLITICAL CARTOON
Lesson 6
Political cartoons convey an opinion about a topic. They are a type of persuasive communication.
Most political cartoons use humour for serious purposes: to make points about public figures, government decisions, or news events.
What symbols does the cartoon use?
Cartoons use symbols, such as carefully chosen objects and people to stand for ideas.
What situation does the cartoon show?
Cartoons set up situations and exaggerate aspects of events to make points about issues.
What’s the message?
The message of the cartoon is the main idea or point the artist is communicating about an issue.
Pg. 74 cartoon.

25. POLITICAL CARTOON ASSIGNMENT
Using computer generated or hand drawn graphics, create your own political cartoon on an issue related to youth justice.
Create another cartoon based on any issue you choose!!*

26. POLITICAL CARTOON ASSIGNMENT
Cartoons should use wit and humour through exaggeration of people or events, but just not for comic effect.
They should have a foundation in truth and be based on facts.
Cartoons can be hand drawn or electronically designed.
People are designed as caricatures where human features are exaggerated. People can also be depicted as animals.
Include symbols to help illustrate your theme. Uncle Sam = USA.
Include speech balloons, labels or captions to help communicate your ideas.

27. RESPONSIBILITIES OF JURORS
Lesson 10
What responsibilities do jurors have?
Under the YCJA, a person 14 years of age or older may choose to be tried by a judge and jury for certain serious offences, such as assault or murder.
Jurors always have 12 people, all must agree on the verdict. Unanimous.
Any 18 yr. old Canadian citizen can be a juror. Criminal records make you exempt.
Serving as a juror is considered a Canadian duty.
Always appear at the courthouse on time. You must make arrangements to be there, book time off work, school, ect.
Employers have to give you time off work, BUT DO NOT have to pay you.
You can be excused if you can demonstrate the duty will cause you undue harm.

28. Terms to Know…
Defence: The defence includes the evidence that supports the innocence of a person accused of a crime. In a courtroom, the lawyer who represents an accused person presents the defence. The defence can include witnesses, and physical evidence such as DNA samples and objects.
Prosecution: The prosecution includes the evidence that supports the guilt of an accused person.
Sequester: To sequester means to remove from contact. Juries are sequestered to ensure they consider only the evidence presented in the courtroom.
Jurors swear an oath to use ONLY the evidence and the law to reach a verdict!!!

29. Class Work – On Jury Duty pg. 80 - 81
Connect to Big Ideas:
What evidence can you find that the procedures surrounding juries attempt to treat accused people fairly?
What part of the procedures do you think is most important in helping achieve justice for the accused?
What extent can jurors influence how hard the justice system is on someone?
HINT… Use this info for your project, Ya think!!

30. JUSTICE ADVOCACY GROUPS
Lesson #11
What do justice advocacy groups do?
Canada has 2 major citizen lead advocacy organizations:
John Howard Society and Elizabeth Fry Society.
Work independently of the government and try to solve the underlying issue for crime.
They provide public education about laws and the justice system, including the YCJA.
They work with youths and adults who have broken the law to help them return to their communities. They find jobs, arrange meetings, ect.
Stand up for the rights of youths and adults accused of crimes.
They call for measures to improve the fairness of the justice system .
Elizabeth Fry society focuses on women, John Howard works with everyone.