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The Youth

Justice System

TASK
You will write an in class essay.
The question you will answer is as follows:
What is the YOUTH CRIMINAL JUSTICE ACT
and should youth be tried as adults in
Canada if they have committed a serious
crime?
You will take notes during this PowerPoint and use
any information you feel is important to support
you essay.

Reena Virk
Reena came from a large extended family who
had emigrated from India.
On the evening of Friday November 14, 1997,
Reena Virk was invited to a "party" by her friend
near the Craigflower Bridge

Photo of
CraigflowerBridge

Reena Virk
While at the bridge, it is claimed that teenagers
drank alcohol and smoked marijuana.
Virk was subsequently swarmed by a group later
called the Shoreline Six.
This first beating ended when one of the girls
told the others to stop.
Virk managed to walk away, but was followed by
two members of the original group, Ellard and
Glowatski. The pair dragged Virk to the other side
of the bridge, made her remove her shoes and
jacket, and beat her a second time. Kelly Ellard held
her head under water.

Youth Crime
Is the rate of youth crime for
youth aged 12 to 17 rising or
declining?

Youth Justice System


For centuries, youths were treated the same as
adults under the law.
They were subject to the same punishments, the
same prisons, and the same length of sentences.

Lack of Clear Legislative Direction


Canada has the highest youth incarceration
rate in the Western world, including the United
States.
The courts are over-used for minor cases that
can be better dealt with outside the courts.
The YOA did not ensure effective
reintegration of a young person after being
released from custody.
The process for transfer to the adult system
resulted in unfairness, complexity and delay.

Objective: Youth Justice


System
The objectives of the youth justice system are to
prevent crime; rehabilitate and reintegrate
young persons into society; and ensure
meaningful consequences for offences.

Jordan Brown

Acts to Address Youth Crime


Over time, governments have realized that
youths need to be treated in a manner that
reflects their maturity and moral development.
In Canada, this realization has resulted in the
following Acts:
o Juvenile Delinquents Act, 1908
o Young Offenders Act, 1984
o Youth Criminal Justice Act, 2002

Youth Criminal Justice Act


The Act applies to all young people who are 12-17
years old at the time they are said to have broken
a federal law.

Consequences
There are still consequences for
youths under 12 who commit
prohibited acts.
o For example: If you have stolen from a store, you may
not be allowed to go there in the future.
o Youth under 12 years old are dealt with under territorial
or provincial laws, such as child-welfare legislation.

Youth Justice System


The Youth Justice System only applies to laws
passed by the federal government.
The most important of these are the criminal and
drug laws.
Offences such as careless driving, drinking
underage, or trespassing are examples of
offences that are covered by provincial laws.

Youth Criminal Justice


Act
Created to address the complaints regarding
the Young Offenders Act, and to improve the
Youth Justice system.
It still contains much of the Young Offenders
Act.
Outlines how youth (12 17) will be dealt with
by the law when they are charged.
Expanded the role of rehabilitation programs.

There are stiffer penalties and sentences.


Expansion of the community services to youth.
i.e. more child-care, health and educational
services to stop crime from occurring.

Families of offenders, victims, and communities


are directly involved in dealing with youth crime.
Youths over the age of 14 years accused of
murder, manslaughter, or aggravated assault
could face adult sentences to act as a deterrent.
Identity of youth can be disclosed only under
certain circumstances convicted of murder,
attempted murder, or another serious offence

Transfer to Adult Court


Must be at least 14 years old, and offender of a
serious crime or a repeat offender of such crimes.
Youths are charged as adults and receive adult
sentences more severe.
Youths may request an adult court if they feel that
a jury may be more sympathetic than just a
judge.

Extrajudicial Sanctions
Alternative Measures Programs
Offenders of non-violent first time offences can
avoid trial by taking part in these programs.
Help youth to learn from their mistakes
Offenders apologize to the victim, give back items
and pay back damages etc.

Other programs include drug & alcohol treatment,


counselling, and school programs.
Involves parents and communities and costs less than
the court system.
Youths who are successful and complete programs may
have all charges against them dropped no criminal
record.
Those who fail can be tried on original offence.

TEDTALK