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Public Legal Educationand Information Serviceof New Brunswick

Public Legal Education and Information Service ofNew Brunswick (PLEIS-NB) is a non-profitorganization. Its goal is to provide NewBrunswickers with information on the law.

PLEIS-NB receives funding and in-kind supportfrom the Department of Justice Canada, the NewBrunswick Law Foundation and the New BrunswickDepartment of Justice. Project funding for this videoand users guide was provided by Youth Justice Policy,Department of Justice Canada and the National YouthStrategy, Royal Canadian Mounted Police.

We gratefully acknowledge the cooperation of, theNew Brunswick Department of Public Safety, theNew Brunswick Department of Justice, the NationalCrime Prevention Centre, and the members of ourAdvisory Committee.

This guide does not contain complete statement ofthe law in this area. Laws change over time andthose changes may affect the information provided inthis guide. Anyone needing advice on his or herspecific legal position should consult a lawyer.

Published by:

Public Legal Education and Information Service of New BrunswickP.O. Box 6000Fredericton, NB E3B 5H1Telephone: (506) 453-5369Fax: (506) 462-5193Email: [email protected]

2005

ISBN 1-55396-591-4


IA CHANCE for ChangeUser’s Guide

Contents

Why a new approach? 4The Youth Criminal Justice Act (YCJA) 4The Guiding Principles 5Addressing Special Needs 6

Addressing youth crime outside the court system 7Meaningful Consequences 8Benefits of using out of court measures 9Role of parents and others in the community 10Role of victims of youth crime 11Repairing the harm 12

Conferencing, community justice forums, and mediation 13

The Use of More Restrictive Measures 15The Rights of Youth 16Adult Sentences 17Youth Records 18

Root causes and preventing youth crime 19

Reading 27Websites 28

THEME TWO:Out-of-Court Responses

THEME THREE: Models for Out-of-Court Responses/Sanctions

THEME ONE:The New Approach to Youth Justice in Canada

THEME FOUR:When Crimes are Serious

THEME FIVE:Youth Justice Issues andFactors Affecting Youth Crime

I. Using the Video and Guide 1

II. Themes and Discussion Questions 4

III. Handouts 20

IV. Activities for Further Learning 24

V. Recommended Resources

VI. Glossary of Terms 30

1A CHANCE for ChangeUser’s Guide

I. Using the Video and Guide

Purpose of the Video and Discussion Guide

The purpose of the video and the accompanyingdiscussion guide is to create awareness of Canada’snew Youth Criminal Justice Act (YCJA), whichreplaced the Young Offenders Act (YOA) on April 1,2003. Although the guide provides an overview ofthe YJCA, it is intended to explore and promotediscussion of one element of the Act in particular -extra-judicial measures. To foster plain languagediscussion, the guide refers to such measures as “out-of-court responses”. Words in bold are defined in theglossary at the end of this guide.

Intended Audience

This video is intended for a wide audience. Althoughthe reasons for viewing it and the focus of discussionmay vary, it is an excellent resource for

• teachers and school administrators

• parents and youth

• victims of youth crime

• youth servicing agencies

• community organizations

• police and others involved in the youth justicesystem

• crime prevention societies

• anyone interested in learning more about theYouth Criminal Justice Act

How to use the guide

The video touches on many youth justice issues andthemes that could become a springboard for furtherdiscussion. The guide will help facilitators tostructure follow up discussion and provide accurateinformation about youth crime, the principlesunderlying the new Act, and youth crime prevention.The guide covers a range of discussion questions andgroup exercises, offers interesting facts about youthcrime, and directs the user to a wealth of resources.In preparing to present this video, we recommendyou:

• pre-view the video

• read through this discussion guide

• select the discussion questions you feel areappropriate for the interests and ages of youraudience and the time you have available

• select the activities for further learning

• order and review additional information on youthjustice available from Public Legal Education andInformation Service of New Brunswick

• consult the web-sites or other resources providedat the end of this guide to find information on thespecific interests of your audience or the latesttrends in Canadian youth crime.

If you wish, you can also contact the Public LegalEducation and Information Service of NewBrunswick to request a speaker who can provideinformation on the YCJA and assist in groupdiscussion with this guide and the video.

2 I. Using the Video and Guide

Discussion Themes

Discussion ThemesIn order to generate discussion and promote anunderstanding of what might happen when youthcome into conflict with the law, we have structuredthe guide under five themes and learning objectives.Choose one or several of the themes as your focusafter showing the video. Choose any appropriatehandouts and exercises to accompany yourpresentation and enhance the interaction andlearning opportunities.

THEME ONE: A New Approach to Youth Justice in Canada

Learning Objectives:• To explain why Canada introduced a new

approach to dealing with youth crime

• To describe how the new system works and how itdiffers from the old approach

• To generate understanding of the new YouthCriminal Justice Act and it’s underlying principles.

THEME TWO: The Effectiveness of Out-of-Court Responses

Learning Objectives:• To educate the viewers on the effectiveness of

out-of-court responses

• To explain what is meant by out-of-courtresponses

• To explore the different out-of-court responsesprovided for in the Act

THEME THREE: Models for Out-of-CourtMeasures

Learning Objectives:• To explore the common models for out-of-court

responses


Discussion Themes

THEME FOUR: When Crimes are Serious

Learning Objectives:• To present a brief overview of how the YCJA deals

with more serious offences

• To create an understanding of youth sentences andyouth records

THEME FIVE: Youth Issues and Factors that Affect Youth Crime

Learning Objectives:• To develop awareness of the underlying factors

that can put youth at greater risk of coming intoconflict with the law

• To explore the protective factors that can supportyouth and help prevent youth crime

In presenting the video to an audience unfamiliarwith the YCJA or youth justice issues, we recommendthat you start by introducing Theme One: A NewApproach to Youth Justice in Canada and then showthe video before starting discussion on Theme Two:Out-of-Court Responses. The Youth Criminal JusticeDepartment of Justice Canada atwww.canada.justice.gc.ca/Youth has a detailedbackgrounder and analysis on the YCJA, as well asthe legislation.

Evaluation

When you order the video you will receive“evaluation feedback forms”. Be sure to distributethese forms to participants and return the completedforms to PLEIS NB in the self-addressed envelopeprovided. Your valuable feedback on this video andguide is greatly appreciated.


Why a new approach? Discussion Questions:

The narrator in the video suggests that the waywe were dealing with youth in the past was notworking. The new Youth Justice System

attempts to address these shortcomings. Consideropening discussion with the following questions. Fewpeople understand why Canada introduced a newyouth justice system. They may hold myths aboutyouth and youth crime. Give your audience time toshare their views. Use Handout #1: A Youth JusticeQuiz to demonstrate people’s understanding of youthcrime in Canada. Use the reference materials toexplain the benefits of the new system.

• Why do you think the narrator says the waypolice handled youth crime in the past onlycaused young people to become bitter?

• What are some of the reasons that Canadadecided to replace the Young Offenders Act?

Facilitator’s Reference Material:The Young Offenders Act (YOA) was criticized bymany groups such as police, prosecutors as well asthe public for a number of reasons. In May 1998, theGovernment of Canada introduced the Youth JusticeRenewal Initiative as a new way to address youthcrime and its root causes. It encourages moreaccountability and responsibility in youth, and aimsto increase the prevention of youth crime and theprotection of the public. It also focuses on increasingpublic confidence in the youth justice system andrecognizing children and youth as national priorities.

The concerns about the former system that led to anew youth justice system and new legislationincluded:

• Lack of clear principles for youth justice

• Lack of a clear difference in dealing with violentoffences versus less serious offences

• Canada's high youth incarceration rate

• Insufficient victim participation

• Ineffective sentencing principles

• Lack of provisions for reintegrating youth intothe community

• Lengthy delays in the court process

4 II. Themes and Discussion Questions

II. Themes and Discussion Questions

“...if you charge theseyoung people all the timefor small crimes like wedid in the past, themessage that we’resending is we don’t care.You go to court and youtake whatever

punishment the judge is going to give you for your crime.And to me, what that gives a young person is bitterness.”Video Narrator

Under the Young Offenders Act Canada had thehighest rate of youth incarceration in the Westernworld - twice that of the United States and 10 to15times higher than many European countries.

Did you know?

The Guiding Principles Discussion Questions:

The YCJA contains a set ofguiding principles thathelp everyone understandthe purpose of the Act andthe new youth criminaljustice system. Use thequestions below to explore

the purpose and importance of the guidingprinciples of the new approach. (You can explore theactual content of the principles later.) If youraudience is not familiar with the new Act or has notread background materials prior to viewing thevideo, you may wish to begin by presenting theguiding principles. Use the reference materials andHandout #2 – Principles of the YCJA, to generate adiscussion on the value of the principles.

• Are guiding principles important?

• How can these principles be put into practiceto make a greater impact on youth andprevent or reduce youth crime in Canada?

Facilitator’s Reference Material:The Declaration of Principle in the Act states that "thepurpose of the youth criminal justice system is toprevent crime by addressing the circumstancesunderlying a young person’s offending behaviour,rehabilitate young persons who commit offences andreintegrate them back into society, and ensure that ayoung person is subject to meaningful consequencesfor his or her offences, in order to promote the long-term protection of the public." The new approachincludes the following Guiding Principles:

Crime prevention Youth crime can be better prevented when thefactors that can contribute to it are addressed.Research shows that factors such as poverty, familyviolence, substance abuse and high unemploymentcan all have a part in whether youth engage in crime.

Meaningful consequences Community-based sentences and out-of-courtresponses are used for less serious offences toinclude communities and victims of youth crime inthe process. This can help reduce rates of youth incustody and help non-violent youth repair harm thatthey have done.

RehabilitationYouth in conflict with the law need help to promotegood behaviour. Guidance and support can helpyouth become responsible citizens. Access totreatment and long-term support can help achievethis goal.

ReintegrationTo prevent re-offending, youth need help in returningto their communities. A commitment to maintainingexisting services and developing new programs cansupport youth in being productive in theircommunities. Examples of such services orprograms can be those that assist in learning lifeskills, finding employment, or participating inrecreational activities.


Did you know?The philosophy of theYCJA is that the needsof society and theoffender should not bein conflict.


Addressing Special NeedsDiscussion Questions -

The YCJA says that the justice system must considerthe special needs, interests and level of developmentof the individual youth. Explore this notion usingthe questions and reference materials below.

• What are some special needs the justice systemmight consider?

• Is it important for the justice system toconsider factors such as mental health, age atthe time of the offence, previous history ofbeing in trouble, or socio-economic level?

• Should the justice system address both thebehaviour and the special of needs of theyouth?

• How might addressing a youth’s special needsoutside the traditional justice system preventyouth crime prevention?

• When is it appropriate for two people whocommit the same or a similar crime to facedifferent consequences?

Facilitator’s Reference Material:At every stage ofthe youth justicesystem, decision-makers, whetherthey are police,judges or parole

officers, must consider information about the youth'shistory and current circumstances so they are able tocreate a more complete picture of the youth'ssituation. When determining the consequences or

plan of action, they are able to consider the specialneeds, interests and level of development of theindividual youth. For example, a group that has beenidentified as having special needs is Aboriginalyouth. These youth have been over represented inthe criminal justice system because problems such aspoverty, substance abuse, family violence, and a lackof educational and employment opportunities hasbeen higher in their communities and havecontributed to more involvement in crime. The YCJAgives stronger consideration to the specificcircumstances of youth groups such as Aboriginals,when exploring options other than custody inresponse to youth crime.

Another groupof youth thathas specialneeds are thosewith FetalAlcoholSpectrum

Disorder (FASD). FASD results from a womandrinking while pregnant and can cause problemssuch as poor motor functioning and learning anddevelopmental problems. Studies show that theeffects of FASD can contribute to youth engaging incrime because they can cause behavioural problems.

The YCJA promotes the idea that if youth with specialneeds commit crime, the youth justice system mustpay attention to both their behaviour and specialneeds. Youth are still responsible for their behaviour,but at the same time, they must not be punished fortheir special needs. In cases such as these, youthcrime can be better addressed by measures that areavailable outside of the traditional justice system.


Did you know?Fetal Alcohol Spectrum Disorder,which may occur when a pregnantwoman consumes alcohol, can include:- Fetal Alcohol Syndrome (FAS)- Fetal Alcohol Effects (FAE)

Did you know?Compared to other groups,Aboriginal youth have beensentenced to custody more oftenand for longer periods


THEME TWO: Out-of-Court Responses

Addressing youth crime outside the court systemDiscussion Questions:

In the video welearn that underthe Youth

Criminal Justice Actthe court process isreserved for moreserious offences.The police nowhave a variety ofavenues for holdingyouth accountablein the community,instead of taking

them before a judge. Out-of-court measures are nowpresumed appropriate for first time, non-violentoffenders. This means that interventions are morelikely to occur shortly after the offence takes place.Use the questions and reference materials below tohelp promote discussion of these issues. Considerinviting a police officer or probation officer tocontribute to the discussion.

• Who benefits when youth are held accountablefor their actions outside of the court system?

• How would you decide whether to send ayouth to court or to use an out-of-courtresponse?

• Why is it effective for the youth justice systemto use the least intrusive means to deal withyouth crime? Why is it important to holdyouth accountable in a timely fashion?

Facilitator’s Reference Material:Out-of-court responses, also known as extrajudicialmeasures, represent various police responses toyouth crime before any court process begins. Thesemeasures are presumed to be appropriate for firsttime, non-violent offenders. The YCJA says that out-of-court responses must be used when they areconsidered appropriate to hold a youth responsiblefor the offending behaviour.

Out-of-court responses give youth the opportunity to:

• take responsibility for their behaviour

• understand the impact of their actions on others

• repair harm done to their victims

Youth must voluntarily participate in out-of-courtresponses.

Note: This guide focuses on responses to youth crimebefore a charge is laid. However, the Act also provides forextrajudicial measures, such as extrajudicial sanctions,that can be used after charges are in place. Thesesanctions would be used when other extrajudicialmeasures are not appropriate to hold a youth accountable.


“…We have all kinds of differentavenues now that we can takewith that young person insteadof taking them before a judge.”Video Narrator


Did you know?A youth’s history of previous offences, the seriousness ofthe crime, and the circumstances that led to the offendingbehaviour are some of the factors in deciding to refer ayouth for an out-of-court response.

Meaningful ConsequencesDiscussion Questions:

People who are notfamiliar with youthjustice forums maythink that sitting downwith those affected is a“slap on the wrist” for ayouth. Use the questionsand reference materials

to lead this discussion, explain the purpose of out-of-court measures and discuss the concept ofmeaningful consequences.

• Do you think it is more meaningful for a youthto go before a judge or face the victim, familyand community members? Why or why not?

• What kinds of crimes were depicted in thevideo? What kinds of consequences did theyouth face? Do you think the consequenceswere proportionate to the crimes andappropriate to hold the youth accountable?

• Do you think that a Community Justice Forumwas a good way to deal with the youth in thevideo who stole their teacher’s car?

• What do you think are the benefits of holding ayouth accountable in the community? Shouldthe youth have a say in the punishment?

Facilitator’s Reference Material:Police are often the front line workers in dealing withyouth crime. The YCJA gives the police more optionsto hold youth accountable, particularly for first-timeoffences and less serious crimes. They may:

• do nothing

• give a verbalwarning

• issue a formalcaution letter

• meet with theparents and youthat the station

• make a referral to aprogram or agencyin the community

• forward the file to acrown prosecutor

Of these options, police should choose the leastrestrictive measure to respond to the youth,depending on the offence. For instance, police shouldconsider the seriousness of the crime and the harmdone. The option used would be the least restrictivemeasure to effectively respond to the crime and holdthe youth responsible. The purpose of out-of-courtresponses under the YCJA is:

• to ensure an effective and timely response toyouth crime

• to increase youth accountability

• to encourage reparations toward the victims

• to increase participation of the family of youths

• to increase community participation

• to gain a more accurate picture of the youth'sbackground and the factors that could have led tothe criminal behaviour


Did you know?

Youth sometimes refuse areferral to communityprograms because theybelieve it will be moredifficult to face their parents,community members and thevictims than it would be toallow a lawyer to speak forthem in court.


“I think of what I’vedone to Ms. McNeiland how she must feel.I feel terrible. Maybe

she doesn’t feel safeleaving her car at

school anymore.”

–Mathieu–

Benefits of using out-of-court measures Discussion Questions:

In the video, thenarrator says thatout-of-courtmeasures are awin-win situationfor everyone. Usingthe questions andreference materialsbelow, ask theparticipants todiscuss the positive

outcomes and benefits of holding youth accountablein the community.

• What do you think the narrator meant by this?How does society benefit from this newapproach?

• Why do you think that some people mightoppose the notion of dealing with youth in thecommunity?

• What benefit could a youth gain from time incustody that could not be achieved through anout-of-court response or community program?

Facilitator’s Reference Material:Out-of-court responses can offer many benefits tothe youth, victim, and the community as a whole.For example, research shows that youth can betterappreciate the consequences of their behaviour whenthe people affected, such as their family members,the victim, and his or her family, show the youth howthey were affected. Seeing first-hand how their

behaviour had an impact on others can help youthtake responsibility for what they have done. As well,out-of-court responses are more likely to take placeshortly after the offence. This helps youth make astronger connection to what they have done wrongand to the harm they caused.

At the same time, the victims, families and othercommunity members can gain a betterunderstanding of the youth as an individual becausein some out-of-court responses, the youth will haveto talk to everyone about why they committed thecrime, and how they feel about it.

Youth may be less likely to re-offend because they toowill have input into the consequences. They aremore likely to see their punishment as fair when theyrealize that their community is giving them a chanceto make up for what they did.

Out-of-court responses encourage a youth toacknowledge the harm done, and, in the case of anextra-judicial sanction, the youth are required toaccept responsibility for their actions and be willingto accept the consequences. The people who are mostaffected by the youth’s actions determine theconsequences for the youth's behaviour and not aYouth Court judge. A trained facilitator works withthe participants to help them come to an agreementon the appropriate response to the crime. A case willnot go to court if the youth completes allcomponents of an out-of-court response.

Out-of-court responses can also help youth re-jointheir communities. If the youth fulfills all parts of themeasure, he or she can pursue opportunities thatmight otherwise have been limited by a youth record.


“It’s a win-win situation for thefamily, victim, for thecommunity and for us.”Video Narrator


The role of parents and others in the communityDiscussion Questions:

In the video, the narrator explains that parents get abetter understanding of their youth’s behaviour andthe reasons for what they have done when theyparticipate in a youth justice forum.

• Do you think that it is important for parents toplay an active role in the youth justice system?

• Who else might support a youth in conflictwith the law? What role could a coach, teacher,or other caring adult play?

Facilitator’s Reference Material:Parents play an important role in the response toyouth crime. Research shows that youth are morelikely to get involved in crime when they lack acaring family environment and strong attachmentsto adults. Youth who experience guidance and asense of belonging feel valued and they learn to careabout themselves.

The YCJA encourages parents to support measuresthat prevent youth from re-offending. Their supportcan help youth take responsibility for their behaviourand re-join their communities.



“I’ve lost a lost of faith and a lot of trust in these twostudents. They’re really good kids, but they’ve madesome really bad choices. I have a hard time trustingthem and we have a lot of work left to do.”Teacher in Video

“Parents get one side of the story from theirchild…but bring them into a Community JusticeForum and see what stories they get. They’re going toget every situation, every story from every person thatwas involved in that incident.”Video Narrator

The role of victims of youth crimeDiscussion Questions:

The new Youth Criminal Justice Act provides victimsof youth crime with a greater role in the justicesystem. In the video the teacher, and even her friendwho picked her up when her car was stolen,participated in the community justice forum. Thispossibility for victims to “have their say” is animportant feature of the Act. Use the questions andreference material below to encourage your audienceto consider the role of the victim.

• Do you think that it is important to providevictims with an opportunity to participate inthe youth justice system?

• If you were a victim of youth crime, whatconsequences would you give the youth?Consider possible offences such as theft,vandalism, or assault.

Facilitator’s Reference Material:Victims tend to get lost in the traditional justiceprocess. The court process can be complicated andthere is a perception that emphasis is placed on whatlaw was broken rather than on the harm that wasdone to the victim. Out-of-court responses can givevictims a meaningful role in the process andencourages them to take an active role indetermining the outcome and possible consequencesfor the youth.

Often victims have a need to know why they weretargeted. They may want to know if they didanything to encourage or provoke the youth or learnhow they could have prevented the offence. Victimsplay an important role in some out-of-courtmeasures because they are the people most affectedby the crime and will have an insight into howreparations can be made.

The YCJA outlines that victims are to be treated withrespect and courtesy and that a victim of an offencehas the right to be informed of how the offence wasdealt with.

Victims may be hesitant about participating in thiskind of out-of-court program. Some are afraid oflosing control or being too emotional in front of theperson who has harmed them. Many victims do findthat by taking part in the process they are able toregain a sense of control.Victim participation isalways voluntary.

Although victim participation is voluntary, manyout-of-court measures for youth are based on victimparticipation either in person or through arepresentative. The representative could be a friend,family member or a trained Victim Servicescounsellor.Victim participation is important in themeasures because research shows that there arepositive impacts on youth when they listen to thevictim speak about the harm they have caused andthe effects of their actions.

Research also shows that making an apology face toface positively affects the youth and is an effectiveand appropriate response to the youth's behaviour.



Repairing the harmDiscussion Questions:

The video depicts some of the ways that youth canrepair the harm that they caused. The goal is tomake the consequences meaningful and to repairharm.

• Can you think of other ways that youth couldbe held accountable and repair the harm theycreated?

• Do you think the consequences assigned to theyouth were appropriate and meaningful in thecircumstances described?

• Would you do anything differently if you wereinvolved?

• What consequences would you recommend forsomeone who has intentionally broken awindow? How would your answer differ if itwere accidental?

Facilitator’s Reference Material:Under the YCJA, some of the ways youth can repairharm are:

• give a personal apology

• return or pay for stolen property

• repair or pay for damaged property

• do work or complete tasks for the victim

• perform community service

• perform any other activity that the participantsthink appropriate in the circumstances

Other measures set by the out-of-court programsmay include:

• donations to charity

• attending skills workshops

• agreeing not to associate with certain people

• obeying a curfew

• take part in a restorative conference

If youth have taken part in an out-of-court responseor have admitted their actions or involvement as partof an out-of-court response, this cannot be usedagainst them if they are tried in court.


“I think they should at least cover the cost of myvehicle rental, and I'd also like to see them do

some community service.”Teacher in Video

“I’d like to invite them in to do some counselling.”Addiction Services Counsellor

“I agree, whatever it takes.”Mathieu


THEME THREE: Models for Out-of-CourtResponses/Sanctions

Conferencing, community justiceforums, and mediationDiscussion Questions:

The video featured some examples of whatpeople in New Brunswick are doing out-of-court to help youth stay out of trouble and

provide meaningful consequences when they comein conflict with the law. The reference materials setout the different kinds of forums that commonlyused.

• Do you feel that programs, such as CommunityJustice Forums, are effective ways to deal withyouth in conflict with the law? Why or why not?

• Do you think these programs are a betteralternative to court in most cases, some cases,or never? Are you familiar with any programsin your community?

• How do these programs reflect the principles ofthe YCJA? (For example, by timely interventionor rehabilitation.)

Facilitator’s Reference Material:The three main models of out-of-courtresponses/sanctions are conferencing, communityjustice forums and mediation.

The Conferencing ModelPolice officers, judges, prosecutors, or youth workersmay organize a conference to address the issuesrelating to a youth in conflict. Conferences may bereferred to as group conferencing, familyconferencing, real justice conferencing, or youthjustice committee.

Conferences focus on accountability andrehabilitation.Youth and their families participate.Sometimes the victims and community memberswill take part. Other agencies may be involveddepending on the youth’s circumstances. Schooladministrators, family and community services, orsubstance abuse services are some examples ofparticipants in a program. They can shareinformation on the youth and programs that couldhelp him or her. The conference participants,including the youth, work to put in place an actionplan to meet the youth’s needs. Participants will alsodecide on how to follow-up on the youth’s progress.


“The crimes that don’t need to go before the courts, we asa community can deal with those – very, very effectively.”Video Narrator


The Community Justice ForumCommunity justice forums are sometimes calledhealing circles or restorative justice circles. They areless formal than the conferences because they do notnecessarily involve members of the justice system, orcommunity service providers.

Community justice circles involve the youth; theirfamilies, victims and community members, as wellas a trained facilitator to keep the discussion focusedand ensure that everyone has a chance to speak. Theparticipation of the victim is very important to thecircle as compared to a conference where the victimmay not always be represented. Meeting the victimface-to-face can help the youth understand theconsequences of his or her behaviour since victimscan talk about their feelings and opinions. Police orCrown Prosecutors may refer a youth to this kind ofout-of-court response, and the youth must be willingto participate.

The Mediation Model Mediation is sometimes called ‘victim-offenderreconciliation’ or ‘victim-offender mediation’.Mediation involves bringing the youth and victimface-to-face. A mediator helps the two parties reachan agreement to address any harm done or resolvedifficulties. A main goal is to reveal any underlyingproblems of both parties and work toward a solutionin a non-threatening setting. Mediators do not offeradvice or make judgements. They do not have thepower to award damages or to force any participantto follow the agreement. Their role is to help theparticipants work together.

Not all communities have implemented youth justiceforums, or other programs for dealing with youth outof court. If you are interested in what is happeningin your areas, ask your local Victim Services orpolice. They can inform you about what is beingdone in your community to address youth crime.Some police forces assign one officer to workespecially with youth cases. If you are a victim of ayouth crime, you can talk to the police or theprosecutor to express your interest in participating inan out-of-court response.

In most community-based responses to youth inconflict with the law, the youth and the communityadministrator of the program in which they areparticipating, sign an agreement for the youth toperform certain tasks or abide by a set of conditions.The participants can make recommendations forthings the youth must do. The consequences mustbe fair and appropriate for the circumstances of thecrime. This helps youth understand that theconsequences are fair. The youth are encouragedwhenever possible to do something related to thetype of offence or to the harm that was caused.



Theme Four: When Crimes are Serious

The use of more restrictive measuresDiscussion Questions:

This video and guide do not focus on theserious crimes that bring a youth into contactwith the criminal justice system, courts and

probation. Serious youth crimes do occur, and theyouth criminal justice is prepared to deal with themin a serious manner.

• Sometimes it is necessary for youth to beincarcerated. Why is it important to reintegratesuch youth back into society?

• How can the justice system support a youthwho has committed a serious offence to helpreintegrate him or her back into society?

Your audience may wish to know what happenswhen a youth commits a serious offense. Considerinviting a Crown Prosecutor or a probation officer todiscuss youth court, incarceration and probation. Usethe reference material below to help guide thatdiscussion.

Facilitator’s Reference Material:Not all youth will be referred to an out-of-courtresponse. Some will go to court because they mayhave repeatedly committed offences or havecommitted a serious crime. Once the police make thedecision to charge a youth, the file is forwarded to theCrown Prosecutor. The prosecutor may still decideto address the youth outside of the court by referringthe youth to an extrajudicial sanctions program.Extrajudicial sanctions can be used when an out-of-court response is inappropriate or has beenineffective in responding to a youth’s offence (forexample, because of the seriousness of the offence ora youth’s previous offences). These sanctions aremore restrictive than out-of-court responses. Theyouth is formally charged with a criminal offence,but this may be withdrawn or dismissed if he or shefulfills certain conditions set out by the extrajudicialsanction. This sanction is the final option before acase goes to trial. If the youth goes to court, he orshe would plead guilty or not guilty. If the youthpleads guilty, the judge will sentence him or her. Ifthe youth pleads not guilty, there will be a trial wherea judge will decide if the facts of the case show thatthe youth is guilty or not guilty. If the youth is foundguilty in a trial, the judge will impose a sentence.Evidence that a youth has been dealt with previouslyby an extrajudicial sanction can be used atsentencing for a subsequent offence.

If a court sentences youth to custody, the YCJAprovides a reintegration plan to assist the youth. Ayouth worker begins working with a youth as soon ashe or she starts a sentence. A reintegration plan mustinclude support for youth so that it is easier for themto re-enter their communities. This will make them



less likely to re-offend. The plan must have someform of supervision for youth back in theircommunities. There are programs for youth thatstart during their custody and continue when they goback to the community. Youth's families, communitymembers and social services can all be involved inreintegration programs. Reintegration programs mayinclude education and training, employmentassistance or treatment for youth’s needs.

The justice system must make an effort to maintain asupport system throughout the youth's custody andreintegration process. This increases the chancesthat youth will follow program conditions and willhave a desire to follow the law.

The rights of youthDiscussion Questions:

Being accused of an offence is a serious matter. TheYCJA ensures that youth have rights and these rightsare protected, even if they have participated in ayouth justice forum or out-of-court measure thatrequired them to talk about what they did. Use thequestions and reference materials to generate adiscussion about the rights of youth in conflict withthe law.

• The justice system gives people accused of acrime the right to remain silent. Do youthhave the same rights as adults?

• Why is it important for youth to have the rightto call their parents and a lawyer?

• Do you think it is important to ensure thatstatements made by a youth participating inan out-of-court measure cannot be used if theyouth ends up in court?

Facilitator’s Reference Material:When the police respond to youth crime, they mustrespect the rights of youth. Youth have the followingrights:

• To remain silent.Youth may choose not to answerany police questions regarding a crime, whether ornot they committed it

• To talk to a lawyer before answering any questionsby the police

• To make whatever phone calls are necessary toreach a lawyer

• To talk with a lawyer in private before deciding tomake a statement

• To have their parents with them when they talk tothe police. (Police must allow youth to contact boththeir parents and lawyer if they choose.)

If a youth participating in an out-of-court measuredecides not to accept or complete the consequences,the case will be returned to the police who mayconsider other out-of-court methods or lay a charge.If youth have taken part in an out-of-court responseor have admitted their actions or involvement as partof an out-of-court response, this cannot be usedagainst them if they are tried in court.



Adult sentences for youthDiscussion Questions:

• When would it be appropriate for a youth toreceive an adult sentence?

Facilitator’sReference Material:The YCJA recognizes eachprovince's unique youthcriminal justice system. Itallows provinces to applythe legislation to meettheir needs whileensuring that the law isapplied consistentlyacross the country. Any

youth in Canada that commits an indictable offenceafter turning the 14 years of age has the potential toreceive an adult sentence. For some of the moreserious offences such as murder or manslaughter,there is the presumption that an adult sentence willbe imposed.

The legislation provides for a lower age ofpresumption for sentencing youth as adults. Underthe YOA, there was a presumption that casesinvolving youth 16 years of age and over charged

with more serious or repeated offences would betransferred to adult court. Under the YCJA a youth isnot transferred to adult court, they are tried as ayouth but may receive an adult sentence if the courtfeels it is appropriate. The flexibility of the YCJAallows the provinces to make decisions on the age atwhich a youth can receive an adult sentence. Theprovinces may set the age at which a youth couldreceive an adult sentence while in a youth court – at14, 15 or 16 years old. For example, in NewBrunswick the age at which you can receive an adultsentence is 16 years old. In some other provinces,the age is 14 years old. While serious and repeatoffences can warrant an adult sentence under theYCJA, the focus is on rehabilitation since it is in thebest interests of both youth and society. The YCJAmakes treatment of violent youth a priority.



Did you know?The YCJA makestreatment of violentyouth a priority.

A youth is tried as ayoung person, but iffound guilty, the YCJAallows for the court toimpose an adult sentencein certain circumstances.

Youth recordsDiscussion Questions:

• Do you think it is appropriate to close youthrecords after a period of time?

• What consequences might a youth record haveon a young person?

Many people believe that youth have no records oftheir crime or that any record that does exist will beautomatically destroyed when they turn 18. This maybe an issue that your audience wishes to discuss. Usethe reference materials to help dispel myths aboutyouth records.

Facilitator’s Reference Material:Under the YCJA, a youth justice court, review boardor any other court may keep a record of a case thatcomes before it. If a youth is found guilty before acourt, a record for a less serious offence will stay

open for 3 years beginning after the date the youthfinishes the sentence, including any probationperiod. A record for a serious offence will stay openfor at least 5 years beginning after the date the youthfinishes the sentence, including any probationperiod. In other words, under the YCJA a record for ayouth sentence is closed 3-5 years after all parts ofthe sentence are completed including any probationor supervision in the community.

Within the 3-5 year period, the record can be usedfor sentencing purposes in either youth or adultcourt. If the youth is found guilty in court of asubsequent offence before the record is closed fromthe first offence their record will remain open for 3-5years after the completion of the second sentence. Ifthe record is used within the 3-5 year period in anadult court, the youth record automatically becomesan adult record and can then be used like any otheradult record.

If a youth is found guilty before a court, it is possiblethat a record for a serious offence will stay open tothe police for 10 years or more. This can be the caseif the crime was a serious violent crime or sexualcrime where the youth used a weapon or injured thevictim. A record relating to any offence that a youthis alleged to have committed can be kept by anypolice force responsible for the investigation. Aperson or organization may also keep recordsobtained as a result of extrajudicial measures or forthe administration of youth justice.


Did you know?A youth record is not automatically destroyed whena person reaches the age of 18?

A youth who completes the sentence for a minoroffence at 17 will be 20 years old before the record isclosed?

If the offence is a serious crime, a youth whocompletes the sentence at 17 will be 22 years oldbefore the record is closed?


THEME FIVE: Youth Justice Issues and Factors Affecting Youth Crime

Understanding root causes andpreventing youth crimeDiscussion Questions:

Youth crime prevention is an importantcomponent of the new Youth Justice Initiative.The YCJA recognizes that we address crime

prevention through social development approaches.

• What are the youth justice issues in yourcommunity (e.g. boredom, vandalism, fighting,loitering, underage drinking, graffiti, gangs)?

• What are the possible root causes for theseproblems?

• What can be done to address these root causes?

• By understanding the reasons for youths'actions, how can we address the underlyingcauses and prevent crime?

• What services and support are available toyouth in your community?

Use the facilitator reference materials below toidentify some of the factors that contribute to youthcrime. Distribute Handout #3 - Factors That CanPrevent Youth Crime And Foster Resilience In Youth.

Facilitator’s Reference Material:Root causes refer to the complex underlying reasonsyouth commit crime. The root causes of youth crimemay include:

• poverty and malnutrition

• boredom, lack of positive social activities

• lack of employment opportunities

• addictions

• physical isolation

• family violence

• low literacy and numerical skills

• limited access to the social services system,particularly in rural areas

• mental health issues


THEME FIVE: Youth Justice Issues andFactors Affecting Crime

1) What are two alternatives police have rather thansending a youth to court?

2) This type of order limits a youth’s actions in thecommunity?

3) How long does a youth record stay open?

4) What ages does the YCJA apply to?

A) 11-18yrs B) 12- 17 yrs C) 12 – 18 yrs

5) Canada’s youth incarceration rate compared toother western countries was:

A) Higher B) Lower C) Average

6) Is spending time in custody (A) more, or (B) lesseffective, than holding youth accountable in thecommunity.

7) Participation in a Community Forum may bemandatory?

o True or o False

8) In Canada, what is the youngest age at which ayouth can receive an adult sentence?

A) 12 B) 14 C) 16 D) 18

9) A youth who completes an out-of-court responsewill have a youth record.

o True or o False

10) Youth crime in general has been increasing inCanada?

o True or o False

20 Handouts

III. A Chance for ChangeHandouts Handout # 1: Youth Justice Quiz


1) What are two alternatives police have ratherthan sending a youth to court?

Police may: do nothing, give a verbal warning, issue aformal caution letter, meet with the parents and youthat the station, or make a referral to a program oragency in the community.

2) This type of order limits a youth’s actions in thecommunity?

Probation Order – can set a curfew, require a youth tostay away from certain people or places.

3) How long does a youth record stay open?

A youth record is usually open for 3-5 years after theirsentence is completed, but may be open for 10 yearsfor very serious offences.

4) What ages does the YCJA apply to?A) 11-18yrs B) 12- 17 yrs C) 12 – 18 yrs

B) Youth 12 –17 are governed by the YCJA. A personwho is over 18 can still be tried as a youth if theoffence occurred prior to their 18th birthday.

5) Canada’s youth incarceration rate compared toother western countries is:A) Higher B) Lower C) Average

Higher: Canada’s youth incarceration rate is higherthan US, Australia, or England.

6) Is spending time in custody (A) more, or (B)less effective, than holding youth accountable inthe community.

(B) Research shows that using alternative ways ofdealing with youth has a greater impact on youthand decreases the likelihood that they will re-offendthan going to court and spending time in custody

7) True or False: Participation in a CommunityForum may be mandatory?

False: a youth may be given the opportunity to par-ticipate in an out-of-court measure but it is theirchoice. Some youth choose to have their case heardin court.

8) In Canada what is the youngest age at which ayouth can receive an adult sentence?A) 12 B) 14 C) 16 D) 18

In Canada the youngest age at which a youth canreceive an adult sentence is 14. The provinces set theage at 14, 15 or 16. In New Brunswick the age is 16.

9) A youth who completes an out-of-courtresponse will have a youth record.

False: This is an advantage of choosing out-of-courtresponses, if the youth completes all of the require-ments the program they will not have youth record.

10) Youth crime in general has been increasing inCanada?

False. It has been decreasing – despite the images ofyouth and youth crime that may be portrayed in themedia the youth crime rate in Canada has been gen-erally decreasing.


A Chance for ChangeHandout #1: Youth Justice QuizANSWERS


Crime prevention

Youth crime can be better prevented when thefactors that can contribute to it areaddressed. Research shows thatfactors such as poverty, familyviolence, substance abuse andhigh unemployment can allhave a part in whether youthengage in crime.

Meaningful consequences

Community-based sentences and out-of-court responses are used for less seriousoffences to include communities and victims ofyouth crime in the process. This can help reducerates of youth in custody and help non-violent youthrepair harm that they have done.

Rehabilitation

Youth in conflict with the law need help to promotegood behaviour. Guidance and support can help

youth become responsible citizens. Accessto treatment and long-term support can

help achieve this goal.

Reintegration

To prevent re-offending, youth needhelp in returning to their

communities. A commitment tomaintaining existing services and

developing new programs can supportyouth in being productive in their communities.

Examples of such services or programs can be thosethat assist in learning life skills, finding employment,or participating in recreational activities.

22 Handouts

The Guiding Principles of the YCJA

A Chance for Change Handout #2:

The new approach to Youth Justice in Canada includes thefollowing Guiding Principles:


The reasons that youth come into conflict with thelaw are complex. Creating pro-social values andopportunities for youth to become connected toothers in a positive way is important. Researchshows the following factors help to support youth.

A Caring Family or Adult:Strong family attachments are a vital source ofsupport for youth as they help develop personalstrengths and relationships.

Support for Families:Communities can assist by:

• arranging access to special service, such asparenting classes

• providing early childhood education programs,such as Fetal Alcohol Spectrum Disorderintervention programs

• creating affordable recreational opportunities

• providing accessible daycare

Positive Peer Support:An important factor in preventing youth crime isbuilding and maintaining healthy relationships withpeer groups.

Community Involvement:Communities must treat their youth with respect andbe responsive to their needs.

Recreational and Volunteer Opportunities:These activities provide positive pro-socialinteractions that contribute to the development ofyouth and to the community as a whole.

Job and Life Skills:A job can build self-esteem, life skills and a sense ofsecurity. To obtain and keep employment youthmay need help in:

• developing or learning basic life skills

• creating a resume

• writing a covering letter

• practicing interview skills

Educational Support:Youth need support and access to education andtraining opportunities appropriate to their needs.

Health, Safety and Well-Being:Safe, stable and healthy environments encourageyouth to live in healthy ways. In order to cope withtheir problems, young people need to be reassuredthat it is normal to feel anger, confusion, frustrationor depression at times.

Positive Media Messages:Media can portray youth both positively andnegatively in society.Youth need help in addressingthe conflicts between the values they are taught athome and those that the media might glamorizethrough music, videos, and magazines.

Implementing protective factors such as these can helpprevent youth at risk from becoming involved in crime.


A Chance for ChangeHandout #3:Factors That Prevent YouthCrime and Foster Resilience


Depending on your audience, before or after viewingthe video, assign one or more of these activities toparticipants.

Exercise 1: Media Depiction of Youth:

Explore how the media depicts youth. Gathernewspaper articles, magazine articles, andadvertisements on youth. Look at the images ofyouth in them. What do you think are the kinds ofmessages the media is sending about youth?

Exercise 2: Youth Justice Poster:

Youth can make a poster on the different factors thathelp prevent youth crime, such as having positivepeer relationships, or developing job skills. In smallgroups, brainstorm ways to visually illustrate thesethemes and decide where you could display theposters, such as in the classroom or in the schoollibrary.

Exercise 3:Getting Involved:

Ask the people in your audience to identify one waythat they could participate in a preventative initiativeaimed at youth in their own community orneighbourhood. You might suggest the following:

• Volunteering in after-school programs for youth,such as sports clubs or tutoring programs.

• Supporting organizations that provide crisis helpfor youth, such as hotlines or peer counsellinggroups.

• Assisting youth in projects at their schools or inthe community, such as park clean-ups,fundraising events or artistic activities.

• Sharing the information they have learned aboutout-of-court responses with other groups whoare involved with youth, such as the local homeand school organization, scouts or guides, and soon. (Each participant could make acommitment to work to dispel misconceptionsabout Canada’s Youth Justice Renewal Initiativeand the YCJA.)

Exercise 4: Community Justice forum:

Consider setting up a “mock” youth justicecommunity forum or healing circle with theparticipants. This will promote an interactive groupactivity that enables people to express their ownviews. Ask the participants to play the roles of thevictims, youth, facilitators and anyone else in thecommunity who might be involved in any of thescenarios. Instruct them work together to deal witha youth crime. Each person at the forum, includingthe victim and the youth, should have a chance to tellwhat happened (with imagination, the scenarios canbe embellished), why it happened, how it affectedthem, and what needs to be done to set things rightand impose appropriate consequences.

24 IV. Activities for Further Learning

IV. Activities forFurther Learning

The Facilitator – The one that guides theconversation between the participants and ensuresthat everyone has an opportunity to speak theirmind in a respectful and safe environment; helps theyouth and other participants work together andcome to an agreement on what the consequences ofthe youth's actions will be; but does not act as ajudge and does not impose a consequence orsentence.

Youth(s) in conflict with the law - The youth mayor may not explain the reasons for the crime, butassume that since the youth has agreed to take partin the forums, he or she is willing to admit somedegree of responsibility and has expressed remorse.

The Victim – The victim may express anger or otheremotions in discussing the crimes, but must bewilling to resolve the matter and accept theconsequences agreed to by the participants for theforum to work.

Other Participants - For each youth involved in thescenario you should appoint one person to play therole of parent or responsible adult.You can considerif other participants will be useful, such asrepresentatives from the school, community agenciesor addiction counsellors.

Select one or more of the scenarios to resolvein a community justice forum.These scenarios are generic examples. They allowthe participants to bring in their own interpretations,beliefs and reactions. Remember that there is no“one right answer”. The goal is to find innovativesolutions that work for everyone involved and willhold the youth accountable for their actions. It may

be helpful to give each group 5-10 minutes of preptime and 15-20 minutes to work through thescenario (though an actual forum may take as longas four hours).

Scenario 1: Stolen BikeTwo older youth T. and C. were bored and looking forsome excitement when R., a younger kid, comesalong the narrow path on his/her bike. Just for funthe older teens block the path and refuse to let thebike pass. Then R. gets off the bike and tries to walkaround them but is scared off and runs away leavingthe bike behind. T. and C. insist that they were justjoking around, and they assumed that when they leftthe bike, R. would be back to get it.

Scenario 2: Assault J. and her next door neighbour P. have been friendssince elementary school. They remain friends in highschool although they have never had a datingrelationship. J. has a new partner S. who is jealous ofP. so he picks a fight with P. What begins as a war ofwords quickly escalates to a full out brawl. The twofall to the ground and P. is seriously injured with abroken arm. The break will take several months toheal and will make school work more difficult andforce P. to loose months from his part-time job.

Scenario 3: GraffittiR. and D. were dating for nearly a year when D. brokeoff the relationship. In anger, R. spray paints rudecomments about R. and his/her new partner L. onthe school bus, which takes the neighbourhoodstudents to school.


Exercises

Scenario 4: ShopliftingJ., who is having a hard time at home with hisabusive step-father, decides to leave home and dropout of school when he turns 16. J. is determined tomake it on his own. Unable to find work he findshimself on the street struggling to get by. The youthis arrested by the police when caught shopliftingfrom the local grocery store.

Scenario 5: Possession of drugsT. is caught by a teacher using drugs in the schoolbathroom. The teacher is shocked as T. is a topstudent and athlete. The police are called. T. isdevastated that in getting caught he/she will nolonger be able to play on the school team which isheading into the finals.

Scenario 6: VandalismSeveral youth regularly hang out behind the school,smoking and talking. An elderly lady who lives offthe path to the school drops over to tell them thatthey should go home and do something useful. K.and M., the leaders of the group decide to buy someeggs to throw at her house. All their friends go alongto watch as K. and M. throw two dozen eggs, causinga mess and much distress for the elderly woman.

Scenario 7: Drinking under ageL. is identified at the door of the local bar and caughtwith a fake id. card. The bar owner is angry thatunderage youth keep trying to get into his bar andthe resulting increase in insurance rates when theyare caught in his bar.

Scenario 8: JoyridingH.’s parents offered to pay him to clean out the carwhile they were at work. H. was removing the floormats when he/she discovered the spare key. H. had abeginner's license but was not yet licensed to drivealone. H. decided to get in some practice and tookthe car out for a drive. H. did not get far from homewhen he/she lost control of the car on a sharp turnand hit the neighbour's fence causing considerabledamage.

26 Activities for Further Learning

Exercises

This guide is intended to provide you with a basicunderstanding of Youth Justice Issues and the roleof out-of-court responses under the YouthCriminal Justice Act. For more information, hereis a list of recommended resources:

• Promoting Safety in Schools: InternationalAction and Experience (2001) and Investing inYouth: Preventing Crime and Victimization(2001)International Centre on the Prevention of Crimehttp://www.crime-prevention-intl.org

• Kids and Crime Newsletterhttp://plena.org/new/kac/news.php

• Community Justice Forum:Canadian Resource Guide (1999)Royal Canadian Mounted [email protected]

• Responding to Youth Crime in Canada (2004)Anthony N. Doob and Carla CesaroniUniversity of Toronto Press

• A Guide to the Youth Criminal Justice Act (2003)By Lee Tustin and Robert E. LutesLexisNexis Canada

• Know Your Rights: A Legal Guide to your Rightsand Responsibilities for People Under 18. (2004)Justice for Children and Youthwww.jfcy.org

• The YCJA: One Year LaterPublic Legal Education Association ofSaskatchewanwww.plea.org


IX. Resources

Recommended Reading

Here is a list of web sites that have information aboutthe YCJA and youth justice in Canada.

Department of Justice Canada has informationand activities for youth to learn more about youthjustice. This site also has a lot of information on theYouth Justice Renewal Initiative, including the YouthCriminal Justice Act, research on youth crime andjustice and press releases.

http://canada.justice.gc.ca/Youth

The National Crime Prevention Strategy websitehas extensive information on factors that put youthat a higher risk of committing crime. It also hasnews releases and research on projects incommunities across Canada that aim to preventcrime, and shows which programs have beensuccessful in reducing crime rates.

http://prevention.gc.ca

The Youth Canada Association (YOUCAN) is anorganization devoted to youth-led initiatives thatresolve conflict and prevent violence. Check out theirprograms section for information on out-of-courtresponses and youth action in Canadiancommunities.

http://www.youcan.ca

Public Safety and Emergency PreparednessCanada has numerous news releases and articles onyouth crime and justice. Search under the word"youth".

http://www.psepc-sppcc.gc.ca

Statistics Canada has a variety of statistics onyouth, including crime, custody and communityservices.

http://www.statcan.ca

The Government of Canada site contains a varietyof information on youth. Search under the terms"youth crime" and "youth justice" to learn more onpreventing youth crime, community and familyparticipation in youth justice, and out-of-courtresponses.

http://canada.gc.ca

The John Howard Society of Canada hasinformation on youth in the justice system. It alsohas links to family involvement in the justice systemand other topics on youth criminal justice.

http://www.johnhoward.ca

Courtprep.ca is a site, made by youth and aimed atyouth, that offers information for victims of crimesuch as how to report a crime, what will happennext, and where to access victim services programs.

http://www.courtprep.ca

28 IX. Resources

Related Websites

Related Websites

The Congress of Aboriginal Peoples site outlineswhat the Initiative means for Aboriginal youth. Italso has information on out-of-court responses forAboriginal youth in conflict with the law, and howcommunity members can become involved in youthjustice initiatives.

http://www.abo-peoples.org/YouthPages/PLEI/PLEIone.htm

The Young People's Press is a North Americannews service for youth by youth that focuses onissues that youth care about today. Look under "NoCrime" in their "Projects" section for information onyouth crime prevention initiatives and articles onissues concerning youth.

http://www.ypp.net

The Canadian Centre on Substance Abuse hasinformation on Fetal Alcohol Spectrum Disorder(FAS). Look at their site to understand how FAS canaffect children and put them at risk for behaviouralproblems.

http://www.ccsa.ca

YMCA Canada has information on locations in NewBrunswick and across Canada, and can tell you aboutvarious services for youth.

http://www.ymca.ca

Public Legal Education Information Service NewBrunswick (PLEIS-NB) has a directory calledSnapshots of Programs and Services for NewBrunswick Youth.

http://www.legal-info-legale.nb.ca

Public Legal Education sites across Canada haveproduced information dealing with youth justice andthe new Act.You should check out all of the sitessince most of the material is generic in nature.Justice Canada provides a link to the major PLEIorganizations at

http://canada.justice.gc.ca/en/ps/pb/legal_ed.html

For Further Information

This guide is a general overview of youth justice andout-of-court responses. If you would like moreinformation on youth justice or a directory of youthservices in New Brunswick please contact:

Public Legal Education Information Service New BrunswickP.O. Box 6000Fredericton, NB E3B 5H1Telephone: (506) 453-5369Fax: (506) 462-5193Email: [email protected]://www.legal-info-legale.nb.ca


Related Websites

Here are some terms contained in the video and thisguide:

Accountability - Being responsible for yourconduct and accepting the consequences of youractions.

Adult - A person 18 years of age or older. The YCJAdoes not apply to adults except where the offencewas committed prior to the adult's 18th birthday.

Adult Sentence - A sentence imposed on a personwho pleads guilty or is found guilty in an adultcourt. Under the YCJA, a youth may receive anadult sentence only if the youth justice court findsthat a youth sentence would not be long enough tohold a youth accountable.

Cautions - A written reprimand that explains theoffending behaviour and the consequences.Receiving a caution often requires the youth toattend a meeting with the police along with his orher parents.

Child - A person who is under 12 years of age.

Crown Prosecutor - A government lawyer whodetermines if there is enough evidence to proceedto court. In some provinces the Crown Prosecutormay issue cautions as an alternative to court.

CustodyOpen Custody - The youth is required tospend a period of time in a residentialfacility such as a group home or foster care.

Secure Custody - The youth is sentencedto period of time in a secure facility.

Detention - Occurs when a youth is required by lawto remain in a designated place, such as policestation, court, or detention center.

Extrajudicial Measures - Used to deal with ayoung person alleged to have committed an offenceand a way to hold youth accountable for offendingbehaviour. They are designed to be an alternative tocourt.

Extrajudicial Sanctions - The most formal type ofextrajudicial measures. Sanctions are used when awarning, caution or referral are not enough to holda youth accountable due to the severity of theoffence, previous offences or any other aggravatingcircumstances. It is the last pre-trial option.

Facilitator - A trained individual who presides overan out-of-court response. This ensures that abalance is maintained among the interests of theparticipants.

30 X. Glossary of Terms

X. Glossary of Terms

Glossary of Terms


Indictable Offence – a serious offence for whichan adult would receive more than 6 months inprison or more than $2000 in fines. These offenceshave more serious consequences and will result in ayouth record being open for 5-10 years.

Least Restrictive Measure - The measure that thepolice can take to respond to youth crime that is theleast restrictive, but that can still be an effective andappropriate response to the youth. For example, if"doing nothing" would be an effective andappropriate response to a particular crime, thenpolice should choose this because it would be theleast restrictive measure available.

Parent/Guardian - Any person who has legalcustody of a youth.

Probation - A court order that puts conditions andlimitations on a youth's actions for a set period oftime.

Proportionate sentencing - Setting consequencesthat are directly related to the circumstances andseverity of the crime, and the degree ofresponsibility of the young person for the offence.

Protective Factors - Support and programs thatprotect youth from developing aggressive or anti-social behaviour that could contribute toparticipating in crime.

Referral - Arranging for a youth to attend aprogram or receive services from the community.This may include mentoring, tutoring or other helprequired to assist the youth.

Reparations - The act of making amends. Underthe YCJA it refers to repairing harm or damageresulting from the actions of the youth.

Timely Intervention - Acting quickly to ensureyouth make a connection between their actions andthe resulting consequences.

Victim - A person who suffered harmed orincurred damages as a result of the offendingbehaviour of a youth. They have a right to beinformed about the case and to participate in courtproceedings or out-of-court responses.

Violent offences - includes but is not limited tosuch crimes as murder, attempted murder,manslaughter, sexual assault and aggravatedassault.

Youth or a Young Person - A person twelve yearsof age or older, but less than eighteen. Also includesan adult who is charged with an offence thatoccurred before his or her 18th birthday.

Youth Justice Court - A court that has proceduresand protections specific to youth.

Youth Record - Any information created or kept forthe purpose of the Youth Criminal Justice Act. Ayouth record is never open to the public. It is onlyopen to persons specified under the YCJA and forlimited purposes.


Glossary of Terms

présume que ces mesures conviennent aux auteurs d’unepremière infraction sans violence. La LSJPA énonce que desinterventions hors cour doivent être utilisées lorsqu’ellessont considérées appropriées pour faire répondre unadolescent de son comportement délictueux.

• ne prendre aucune mesure;

• donner un avertissement verbal;

• remettre une lettre de mise en garde;

• rencontrer les parents et l’adolescent au poste de police;

• faire un renvoi vers un programme ou un organisme dela collectivité;

• transmettre le dossier à un procureur de la Couronne.

Parmi ces options, l’agent de police doit choisir la mesurela moins restrictive possible pour réagir au comportementde l’adolescent, selon l’infraction commise. Par exemple,l’agent de police doit tenir compte de la gravité du crime etdes torts causés. L’option choisie doit être la mesure lamoins restrictive possible qui permet de réagirefficacement au crime et de faire répondre l’adolescent deses actes. En vertu de la LSJPA, les interventions hors couront pour buts :

• de garantir une intervention efficace et rapide face à undélit commis par un adolescent;

• de responsabiliser davantage l’adolescent;

• d’encourager la réparation des torts causés aux victimes;

• d’augmenter la participation de la famille de l’adolescent;

• d’augmenter la participation de la collectivité;

• d’avoir une vue d’ensemble plus précise des antécédentsde l’adolescent et des facteurs qui l’ont amené à uncomportement criminel.

Les avantages des mesures hors cour Sujet de discussion : Dans la vidéo, le narrateur déclare que les mesures horscour sont une situation gagnante pour tous. Utilisez lesquestions et la documentation ci-dessous et demandez aux

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