Difference between revisions of "Introduction to Youth Justice (2:I)"

Latest revision as of 20:51, 23 August 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 1, 2023.

A. Recent History

As of April 1, 2003, the Youth Criminal Justice Act, SC 2002, c 1 [“YCJA”] came into effect. The YCJA represents the culmination of nearly a century of evolution in how the legal system understands young offenders. The YCJA recognizes that youths have rights under the Charter, the Canadian Bill of Rights SC 1960, c 44, and the United Nations Convention on the Rights of the Child [“UNCRC”], which Canada signed and ratified in the early 1990s.

The YCJA focuses on three key objectives to better protect the public (YCJA, s 3):

Preventing youth crime by addressing underlying causes;
Meaningful consequences for offences; and
Increased focus on rehabilitation and reintegration for youth returning to the community.

The YCJA also encourages judges to impose non-custodial sentences on young persons who are found guilty under the Act where it is consistent with the general principles. This does not mean that it seeks to prohibit custodial sentences, but rather to ensure that custodial sentences are the last option.

Victims play a significant role in the process. While victims have no rights per se as they are not a party to criminal proceedings, the YCJA holds that victims will be heard and treated with courtesy, compassion, and respect for their privacy, and be minimally inconvenienced. Also, consequences will include educating the offender about the impact of the crime and focusing on repairing the damage or paying back society in a constructive manner. In some respects, BC legislation dealing with victims of crime has already incorporated a number of these principles, particularly in the Victims of Crime Act, RSBC 1996, c 478. In 2015, Parliament enacted the Canadian Victims Bill of Rights, SC 2015, c 13, s 2 (“CVBR”). The Act guarantees victims of crime various rights, including the right to information about the criminal justice system, their rights as victims of crime, and their right to have their security and privacy considered by the appropriate authorities in the criminal justice system. For more information on victims’ rights, and resources for victims of crime see Chapter 4: Victims.

The YCJAwas amended by Bill C-10 (“The Safe Streets and Communities Act”) on October 23, 2012. Bill C-10 added individual deterrence and denunciation of unlawful conduct as a sentencing principle to the YCJA. It also sets out that youths are presumed to have diminished moral culpability or blameworthiness in comparison to adult offenders. Furthermore, Bill C-10 states that the youth justice system is intended to protect the public by holding young persons convicted of offences accountable through using proportionate measures, promoting rehabilitation and reintegration, and preventing crime by directing youths to programs that address underlying causes of their actions. Bill C-10 also sets out definitions for a “serious offence” and a “violent offence” which are broader than previous definitions given in the case law.

The YCJA was further amended by Bill C-75, passed on June 21, 2019. On September 19, 2019, the first amendments to the YCJA came into force. Firstly, it repealed sections 64(1.1) and (1.2) of the YCJA, which required the Attorney General to determine whether to seek an adult sentence in certain cases. It further required the Attorney General to advise the Youth Justice Court (bill section 376) if they decide not to make an application. Secondly, it repealed sections 75 and 110(2)(b), which required the court to decide whether to lift a ban on publishing the identity of a young person who is convicted of a violence offence (bill ss 377 and 379). The changes that came into effect on December 18, 2019 mainly decrease the number of charges for administration of justice offences (e.g., breach of conditions) and incarceration rates related to those offences when no harm to society has been done. The changes include a new assumption of the appropriateness of extrajudicial measures in certain breach of condition/failure to appear charges and an increase in the threshold for holding young offenders in custody for breach of conditions. In cases where extrajudicial measures may not be appropriate, judicial referral hearings at the bail stage or judicial reviews of youth sentences are recommended. Bill C-75 also includes changes that explicitly require imposed bail conditions to be appropriately related to the nature of the offence, the protection or safety of the public, victims, witnesses and that the offender will be reasonably able to comply with them, and that they not be a “substitute for appropriate child protection, mental health or other social measures”.

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+{{REVIEWED LSLAP | date= August 1, 2023}}
 {{LSLAP Manual TOC|expanded = youth}}
-== A. History of Legislative Changes ==
+== A. Recent History ==
-Before the 19th century, there was little legal recognition of the special needs of children and youth. Children convicted of offences were punished the same as adults. In 1908, the ''Juvenile Delinquents Act'', SC 1908, c 40 [“''JDA''”] was enacted. Juvenile offenders were believed to be similar to those who were abandoned or neglected. Under the ''JDA'', children were subject to “delinquency proceedings” for violating federal, provincial, or municipal law. The ''JDA'' was an improvement over the harsh treatment inflicted on youths; however, it was applied arbitrarily or discriminatorily depending on the juvenile's race, class and gender.
+As of April 1, 2003, the ''Youth Criminal Justice Act'', SC 2002, c 1 [“YCJA”] came into effect. The YCJA represents the culmination of nearly a century of evolution in how the legal system understands young offenders. The YCJA recognizes that youths have rights under the ''Charter'', the ''Canadian Bill of Rights'' SC 1960, c 44, and the United Nations ''Convention on the Rights of the Child'' [“UNCRC”], which Canada signed and ratified in the early 1990s.
-By the 1960s, the ''JDA'' was undergoing public criticism, particularly for its highly discretionary regime, which gave the members of the justice system broad powers to deal with youths according to their own perceptions of a child’s “best interests”. Thus, Parliament enacted the ''Young Offenders Act'', RSC 1985, c Y-1 [“''YOA''”], which governed juvenile criminal law from 1984 to 2003. The Act applied to youths charged with specific offences under the ''Criminal Code'', RSC 1984, c C-46 [“''CC''”] and other federal  law. The Act also gave more recognition of juvenile  legal  rights,  established  a  uniform  national  age  jurisdiction,  safeguarded  against  the infringement of the basic rights guaranteed under the ''Canadian Charter of Rights and Freedoms'' (Part I of the ''Constitution Act'', 1982, being Schedule B to the ''Canada Act'' 1982 (U.K.), 1982 c. 11 [“''Charter''”]), and increased protection for young persons by creating the requirement of parental notification upon arrest, rights to legal representation, and the availability of the insanity defence to youth charged with offences.
+The ''YCJA'' focuses on three key objectives to better protect the public (''YCJA'', s 3):
-As of April 1, 2003, the ''Youth Criminal Justice Act'', SC 2002, c 1 [“''YCJA''”] came into effect and replaced the previous ''YOA''. The ''YCJA'' recognizes that youths have rights under the ''Charter'', the ''Canadian Bill of Rights'' S.C. 1960, c 44, and the United Nations ''Convention on the Rights of the Child'' [“''UNCRC''”], which Canada signed and ratified in the early 1990s.
+# Preventing youth crime by addressing underlying causes;
+# Meaningful consequences for offences; and
+# Increased focus on rehabilitation and reintegration for youth returning to the community.
-The ''YCJA'' focuses on three key objectives to better protect the public: (1) preventing youth crime by addressing underlying causes; (2) meaningful consequences  for  offences;  and  (3)  increased  focus  on  rehabilitation  and  reintegration  for  youth returning to the community (''YCJA'', s 3). The ''YCJA'' also encourages judges to impose non-custodial sentences  on young  persons  who are found guilty  under  the  Act where  it is consistent  under  the general  principles. This  does  not  mean  that  it  seeks  to  prohibit custodial  sentences,  but  rather  to ensure that such measures are the last option.
+The ''YCJA'' also encourages judges to impose non-custodial sentences on young persons who are found guilty under the Act where it is consistent with the general principles. This does not mean that it seeks to prohibit custodial sentences, but rather to ensure that custodial sentences are the last option.
-A significant change is the inclusion of the victims’ role in the process. While victims have no rights per se as they are not a party to criminal proceedings, the ''YCJA'' holds that victims will be heard and treated with courtesy, compassion, and respect for their privacy, and be minimally inconvenienced. Also, consequences will include educating the offender about the impact of the crime, and focusing on repairing the damage or paying back society in a constructive fashion. In some respects, B.C. legislation dealing with victims of crime has already incorporated a number of these principles, particularly in the ''Victims of Crime Act'', RSBC 1996, c 478. In 2015, Parliament enacted the ''Canadian Victims Bill of Rights'', SC 2015, c 13, s 2 (“''CVBR''”). The Act guarantees victims of crime various rights, including the right to information about the criminal justice system, their rights as victims of crime, and  their  right  to  have  their  security and  privacy considered  by  the  appropriate  authorities  in  the criminal justice system. For more information on victims’ rights, and resources for victims of crime see '''Chapter 4: Victims'''.
+Victims play a significant role in the process. While victims have no rights ''per se'' as they are not a party to criminal proceedings, the ''YCJA'' holds that victims will be heard and treated with courtesy, compassion, and respect for their privacy, and be minimally inconvenienced. Also, consequences will include educating the offender about the impact of the crime and focusing on repairing the damage or paying back society in a constructive manner. In some respects, BC legislation dealing with victims of crime has already incorporated a number of these principles, particularly in the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96478_01#:~:text=2%20All%20justice%20system%20personnel,orientation%2C%20political%20belief%20or%20age. ''Victims of Crime Act'', RSBC 1996, c 478]. In 2015, Parliament enacted the ''Canadian Victims Bill of Rights'', SC 2015, c 13, s 2 (“''CVBR''”). The Act guarantees victims of crime various rights, including the right to information about the criminal justice system, their rights as victims of crime, and their right to have their security and privacy considered by the appropriate authorities in the criminal justice system. For more information on victims’ rights, and resources for victims of crime see '''Chapter 4: Victims'''.
-The ''YCJA'' was amended by Bill C-10 (“''The Safe Streets and Communities Act''”) on October 23, 2012. One change to the YCJA in Bill C-10 is that individual deterrence and denunciation of unlawful conduct was added as a sentencing principle. It  also sets out that youths are presumed to have diminished moral culpability or blameworthiness in comparison to adult offenders. Furthermore, Bill C-10 states that the youth justice system is intended to protect the public by holding young persons convicted of offences accountable through using proportionate measures, promoting rehabilitation and reintegration, and preventing crime by directing youths to programs that  address underlying causes of their actions. Bill C-10 also sets out definitions for a “serious offence” and a “violent offence” which are  broader than previous definitions given in the case law.
+The ''YCJA''was amended by Bill C-10 (“T''he Safe Streets and Communities Act''”) on October 23, 2012. Bill C-10 added individual deterrence and denunciation of unlawful conduct as a sentencing principle to the ''YCJA''. It also sets out that youths are presumed to have diminished moral culpability or blameworthiness in comparison to adult offenders. Furthermore, Bill C-10 states that the youth justice system is intended to protect the public by holding young persons convicted of offences accountable through using proportionate measures, promoting rehabilitation and reintegration, and preventing crime by directing youths to programs that address underlying causes of their actions. Bill C-10 also sets out definitions for a “serious offence” and a “violent offence” which are broader than previous definitions given in the case law.
+The ''YCJA'' was further amended by Bill C-75, passed on June 21, 2019. On September 19, 2019, the first amendments to the ''YCJA'' came into force. Firstly, it repealed sections 64(1.1) and (1.2) of the ''YCJA'', which required the Attorney General to determine whether to seek an adult sentence in certain cases. It further required the Attorney General to advise the Youth Justice Court (bill section 376) if they decide not to make an application. Secondly, it repealed sections 75 and 110(2)(b), which required the court to decide whether to lift a ban on publishing the identity of a young person who is convicted of a violence offence (bill ss 377 and 379). The changes that came into effect on December 18, 2019 mainly decrease the number of charges for administration of justice offences (e.g., breach of conditions) and incarceration rates related to those offences when no harm to society has been done. The changes include a new assumption of the appropriateness of extrajudicial measures in certain breach of condition/failure to appear charges and an increase in the threshold for holding young offenders in custody for breach of conditions. In cases where extrajudicial measures may not be appropriate, judicial referral hearings at the bail stage or judicial reviews of youth sentences are recommended. Bill C-75 also includes changes that explicitly require imposed bail conditions to be appropriately related to the nature of the offence, the protection or safety of the public, victims, witnesses and that the offender will be reasonably able to comply with them, and that they not be a “substitute for appropriate child protection, mental health or other social measures”.
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Difference between revisions of "Introduction to Youth Justice (2:I)"

Latest revision as of 20:51, 23 August 2023

A. Recent History

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