2.1 Equitable Treatment of Young Offenders in Canada

How do the justice system and the Youth Criminal Justice Act attempt to treat young offenders fairly and equitably?

By the end of this section you should be able to explain:

• the steps involved when a young person enters the justice system

• advantages and disadvantages of the YCJA 

• how the justice system is fair and equitable for young offenders

community service - help in the community performed as part of a sentence, such as assisting with a community clean-up or food bank

criminal record - a permanent record of breaking the law, which is public information.  A criminal record can bar you from some jobs, volunteer positions and travel to other countries

rehabilitate - to instill positive behaviours and attitudes

reintegrate - to make part of again

sentence - a consequence for a crime, such as imprisonment, determined by a court of law

Determining if someone is guilty or not guilty is a difficult decision, however, determining what punishment fits the crime can be even more difficult to determine.  There are many factors that contribute to coming up with a final judgement.  Read through this real life case and respond to the following questions.

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When a youth/minor is accused of a crime, they are protected by certain rules, under the law:

• The right to remain silent

• The right to know why they were arrested

• The right to a lawyer (legal counsel) 

• The right to an adult or parent present when being questioned by police

• The right to a lawyer if you go to court

Do you agree or disagree that separate judicial systems are needed for youth?

There are many situations that determine what steps will be taken in the YCJA system.  It is like a journey that may or may not end up in your favour.  Is the risk of getting caught worth the consequences???

Previous to the YCJA, because the court systems were already busy, the offender did not always face their consequences for a long time, and these consequences did not always have "connect back to the people and communities the offences affected".  (page 67, Issues for Canadians)

There are many people who determine what will happen to a young offender.  Determining the punishment is not always cut and dry.  The following are some of the factors that are considered:

• How serious was the offence?  Violent vs Non-violent

• First time offenders vs having previous offenses

• Attitude - Is the youth willing to take responsibility for their actions?  

• Home and community life of the young person.  Does this person required more support because of the lack of support they currently have?

If you do something wrong, how important is it to receive consequences quickly?  Explain

How important is it to make up for wrong actions that affect others?

Do you feel that everyone deserves equal punishment for the crime, no matter the circumstances?  Explain

1. Tries to

   1. Prevent crime - Address the circumstances that may have contributed to the offending behaviour

   2. Rehabilitate and reintegrate the person 

   3. Establish meaningful consequences to promote the long-term protection of society

2. Separate adult and youth justice systems because of the reduced maturity level of youth

2.2 - Canadian Citizens and Equity with Canada's Justice System for Youth