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

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{{REVIEWED LSLAP | date= August 14, 2024}}
{{LSLAP Manual TOC|expanded = youth}}
{{LSLAP Manual TOC|expanded = youth}}


== A. LSLAP and Youth Justice ==
The ''Youth Criminal Justice Act'', SC 2002, c 1 (“''YCJA''”) was enacted on April 1, 2003 after decades of evolution in how the legal system understands young persons.  The YCJA recognizes that youths have rights under the ''Canadian Charter of Rights and Freedoms'' (“''Charter''”), the ''Canadian Bill of Rights'' SC 1960, c 44, and the United Nations ''Convention on the Rights of the Child'' (“UN''CRC''”). The ''YCJA'' aims to establish a youth criminal justice system which upholds those rights, while still performing its fundamental purpose of protecting the public.
LSLAP students cannot represent persons less than 18 years of age. If the client is a young person, aged 12 to 17 years, he or she should be  referred to the Legal Services Society (LSS). The LSS provides legal services for young persons, regardless of income. See [[Criminal Offences under the Youth Criminal Justice Act (2:III)#C. Right to Counsel | Section III.C: Right to Counsel]]. LSLAP students may not be able to represent clients with serious criminal records. However, clients who only have a juvenile record are considered first-time offenders for the purposes of this restriction.


== B. History of Legislative Changes ==
Section 3 of the ''YCJA'' sets out the following guiding principles for the youth criminal justice system:
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. The 19th century saw a growing understanding of childhood. In 1857, the first Canadian act to separate young persons from adult offenders was enacted. In 1908, the ''Juvenile Delinquents Act'', SC 1908, c 40 [“''JDA''”] was enacted. The ''JDA'' created a  juvenile justice and corrections system with a ''parens  patriae'' philosophy. 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. These courts operated informally to avoid technicalities from interfering with treatments considered to be in the child's best interests. 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.
*Protecting the public by holding youth accountable, promoting young persons’ rehabilitation, and utilizing community crime prevention programs (s 3(1)(a));
*Separating the youth criminal justice system from the adult system, to recognize youths’ “diminished moral blameworthiness or culpability” for their actions (s. 3(1)(b));
*Promoting “fair and proportionate accountability” by taking measures against young persons which respect societal values, repair harm, account for young persons’ individual circumstances, and respect their social and cultural statuses (s 3(1)(c)); and
*Recognizing the unique rights of all parties involved in the youth criminal justice system, including young persons, victims, and parents (s 3(1)(d)).


By the 1960s, the ''JDA'' was undergoing public criticism, particularly for its highly discretionary regime, which gave judges, police, and correctional officials 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.  While  the ''YOA''  considered  the  individual  circumstances  of  young persons,  it also purported to better protect society against violent youths. 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'' encourages judges to impose non-custodial sentences on young persons where it is consistent with the general principles.  Custodial sentences are not prohibited under the ''YCJA'' but are meant to be imposed only after a sentencing judge has considered all other alternatives (s 39). Sentences generally include educating the offender about the impact of their crime and focusing on repairing the damage or paying back society in a constructive manner.


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.
Victims play a significant role in the youth criminal justice system.  While victims have no formal rights per se, as they are not a party to criminal proceedings, the ''YCJA'' mandates that victims be “treated with courtesy, compassion, and respect for their dignity and privacy” (s (3)(1)(d)(ii)). Victims must also be kept informed on the process, have the opportunity to participate and be heard in the process, and be minimally inconvenienced by their participation in the process (s (3)(1)(d)(ii)-(iii)).


The ''YCJA'' preserves many of the elements of the ''YOA''; however, it 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.
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]. Federally, the [https://laws-lois.justice.gc.ca/eng/acts/c-23.7/page-1.html. ''Canadian Victims Bill of Rights'', SC 2015, c 13, s 2 (“''CVBR''”)] guarantees various rights for victims of crime, including the right to information about the criminal justice system 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'''.


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. Parliament recognizes that victims are involved in the process, though not as legal parties to the proceedings. 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'''.
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The ''YCJA'' was amended by Bill C-10 (“''The Safe Streets and Communities Act''”) in 2012. The changes to the ''YCJA'' in Bill C-10 came into force 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. B.C. has enacted complementary legislation for offences against provincial statutes  or municipal bylaws. The ''Youth Justice Act'', SBC 2003, c 85 came into force on April 1, 2004, replacing the ''Young Offenders (British Columbia) Act'', RSBC 1996, c 494.

Latest revision as of 18:32, 21 August 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 14, 2024.
LSLAP Manual
LSLAP Manual
This page is from the
Law Students' Legal
Advice Program Manual.
See the full contents.
LSLAP Manual
Introduction
Chapters
2. Youth Justice
 · I. Introduction

 · II. Governing Legislation and Resources
 · III. Youth Criminal Justice Act
 · IV. Youth Justice Act

 · Appendix A: Glossary
v • d • e



The Youth Criminal Justice Act, SC 2002, c 1 (“YCJA”) was enacted on April 1, 2003 after decades of evolution in how the legal system understands young persons. The YCJA recognizes that youths have rights under the Canadian Charter of Rights and Freedoms (“Charter”), the Canadian Bill of Rights SC 1960, c 44, and the United Nations Convention on the Rights of the Child (“UNCRC”). The YCJA aims to establish a youth criminal justice system which upholds those rights, while still performing its fundamental purpose of protecting the public.

Section 3 of the YCJA sets out the following guiding principles for the youth criminal justice system:

  • Protecting the public by holding youth accountable, promoting young persons’ rehabilitation, and utilizing community crime prevention programs (s 3(1)(a));
  • Separating the youth criminal justice system from the adult system, to recognize youths’ “diminished moral blameworthiness or culpability” for their actions (s. 3(1)(b));
  • Promoting “fair and proportionate accountability” by taking measures against young persons which respect societal values, repair harm, account for young persons’ individual circumstances, and respect their social and cultural statuses (s 3(1)(c)); and
  • Recognizing the unique rights of all parties involved in the youth criminal justice system, including young persons, victims, and parents (s 3(1)(d)).

The YCJA encourages judges to impose non-custodial sentences on young persons where it is consistent with the general principles. Custodial sentences are not prohibited under the YCJA but are meant to be imposed only after a sentencing judge has considered all other alternatives (s 39). Sentences generally include educating the offender about the impact of their crime and focusing on repairing the damage or paying back society in a constructive manner.

Victims play a significant role in the youth criminal justice system. While victims have no formal rights per se, as they are not a party to criminal proceedings, the YCJA mandates that victims be “treated with courtesy, compassion, and respect for their dignity and privacy” (s (3)(1)(d)(ii)). Victims must also be kept informed on the process, have the opportunity to participate and be heard in the process, and be minimally inconvenienced by their participation in the process (s (3)(1)(d)(ii)-(iii)).

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. Federally, the Canadian Victims Bill of Rights, SC 2015, c 13, s 2 (“CVBR”) guarantees various rights for victims of crime, including the right to information about the criminal justice system 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.

v • d • e
 
Chapters 1-7
Criminal Law  · Youth Justice  · Family Law  · Victims  · Public Complaints · Human Rights  · Workers Compensation
Chapter One:
Criminal Law
Chapter Two:
Youth Justice
Chapter Three:
Family Law
Chapter Four:
Victims
Chapter Five:
Public Complaints
Chapter Six:
Human Rights
Chapter Seven:
Workers' Compensation
I. Introduction · II. Governing Legislation, Policy & Guidelines · III. Introduction to Compensation Claims for Injured Workers · IV. LSLAP's Role at the Initial Decision Level · V. Limitation Periods and Timing of Decisions · VI. Making a Claim · VII. The Claim Acceptance Process · VIII. Worker Status · IX. Disability and Causation · X. Time Limits and Procedures · XI. Claim Benefits · XII. Appeals · XIII. Health and Safety Regulations · XIV. Assessments of Employers · XV. The WCB Fair Practices Office · Appendix A: Abbreviations · Appendix B: List of Cases · Appendix C: Referrals · Appendix D: Resources · Appendix E: Small Claims Flow Chart · Appendix F: Checklist for Interviews · Appendix G: Checklist for Appeals · Appendix H: Sample Authorization Form
© Copyright 2024, The Greater Vancouver Law Students' Legal Advice Society.


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