Ch. 10 Youth Justice I

8/2/2019 Ch. 10 Youth Justice I

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The Youth Justice

SystemChapter 10


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Old vs. New

Young Offenders Act Youth CriminalJustice Act

Questions for debate

Does the act abuse the rights of young people?

Is it too tough, or not tough enough?

Is youth crime worse than ever, or are fearsexaggerated?


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Looking Back

Juvenile Delinquents Act (1908)

Rehabilitate and reform, not to punish youngpeople who broke the law or delinquents

-age 12-16, legal rights of juveniles were mostly ignored

Read pg. 284

Question: Why was the Juvenile Delinquents Actreplaced by the Young Offenders Act?


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Objectives: Youth Criminal JusticeAct

Purpose is to improve the youth justicesystem by:

1) Promoting accountability, responsibility,and consequences for all youth crimes

2) supporting long-term solutions to youthcrime and reinforcing social values such asrespect, responsibility, and accountability


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Objectives: Youth Criminal JusticeAct

3) respecting national and international humanrights protections for children, while protectingpublic safety

4) Streamlining and making youth justicemore flexible so that cases take less time andprovinces can develop their own uniquemeasures


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Age and Degree of CriminalResponsibility

Age Classification Responsibility

(Criminalcharges)

0-11 years Child None

12-17 years Youth Partial

18+ years Adult Full


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Youth Criminal Justice ActPrinciples

Age:

No one under the age of 12 can becharged. Once the age of 18 is reached,

they are dealt with as an adult

Responsibility:

responsible for your actions under CriminalLaw, but not held to the same degree asadults


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Legal:Same rights as adults with extra protection

granted under the Young Offenders Act

Protection:

The act states society should be safe, and hasa right to protection from illegal behavior. It

does this while respsecting national andinternational human rights protection forchildren


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Interference:

Secure custody to be used as a last resort, as itmeans freedoms are totally restricted with

little community contact

Most often youth are placed under supervised

custodyusually their parents


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Levels of Law

Federal Statutes: most seriousget a criminalrecord. MPs make federal law. Indictableoffences

Provincial Statutes: apply only in the provincesin which they were made. MLAs make provinciallaws. No criminal record. Summary offences

Municipal Bylaws: least serious, receive nocriminal record. Applies only in city/town whichthey are made. Alderman pass laws


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Types of Offenses

Summary Offenses Least serious of federaloffences.

Ex. trespassing/ harassingphone calls

Hybrid Offenses Between indictable andsummary offences. Crownprosecutor decides whether itwill be a summary orindictable offense, whether to

be tried by judge or juryCriminal Record is given.

Indictable Offenses Most serious. Ex. Murder,break and enter, arson,

trafficking

Crimes: 3 Types of Offences


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Summary Offences

Summary offenses are less serious, such as motor-vehicle offenses and creating a disturbance.

Sentences can range from fines, up to a maximum of

$2,000, probation, or up to a maximum of 6 monthsincarceration in a provincial prison.

Unlike indictable offenses, summary offenses are most

often defined by provincial or municipal legislation.

Typically, these include property offences, such theft orvandalism, certain driving offences, disturbing the peace,and harassment.


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Indictable Offences

Indictable offenses include only the most serious crimes,which are punishable by at least 2 years imprisonment ina federal penitentiary, such as murder, rape, androbbery. A criminal record is given.

Since the Canadian Criminal Code is used by allprovinces, territories, and municipalities, the definition ofindictable offenses is uniform in all jurisdictions. Some

indictable offenses, such as murder, treason, and piracy,are also called "supreme court exclusive" offenses.


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Hybrid Offences

Hybrid or dual offenses can be prosecuted either assummary or indictable offenses, at the decision of theprosecutor.

Crown prosecutor decides whether it will be a summaryor indictable offense, whether to be tried by judge or jury.A criminal record may be given.


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Criminal Charges

Criminal offences require that the prosecutingcrown to prove that there was criminal conduct(known as the actus reus or "external element")

Criminal offence must also be accompanied by acriminal state of mind (known as the mens rea or"fault element") on a standard of beyond a

reasonable doubt".


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Case Study

Pg. 299, R. v. B.J.K., AB Provincial Court,Youth Division

Pg. 300 R. v. F.D.C. et al, MB Court ofAppeal

Ch. 10 Youth Justice I

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