Guide to the Posters for the Youth Criminal Justice Act

Transcription

1 THE YOUTH CRIMINAL JUSTICE ACT AND ABORIGINAL COMMUNITIES Guide to the Posters for the Youth Criminal Justice Act Funding provided by the Department of Justice Canada, Youth Justice Policy

2 ACKNOWLEDGEMENTS The Law Courts Education Society gratefully acknowledges the financial assistance of the Department of Justice Canada, Youth Justice Policy. This guide is part of a series of materials developed for Aboriginal communities about the Youth Criminal Justice Act. The materials include three posters, a guide to the posters, two curriculum activity guides, and a series of fact sheets/cards for adults and youth. For copies of any of these materials, contact: Law Courts Education Society of B.C. Suite Hornby Street Vancouver B.C. V6Z 2C5 Tel: (604) Fax: (604) Web: National Advisory Committee : The society gratefully acknowledges the contribution of the advisory committee members: Barb Ward-Burkitt, Director of Education & Employment for Prince George Native Friendship Centre; Laurier Caron, Consultant, Public Legal Education Association; Lucy Glaim, Youth/Victim Advocate, Wet Suwet en Unlocking Aboriginal Justice Program; Brian Madarash, Interim President, Native Education Centre; Paula Marshall, Program Director, Mi'kmaq Young Offender Program; Theresa Wesley, Manager, Prince Rupert Restorative Justice Program, F. Annette Russell, Northern Regional Coordinator, Law Courts Education Society. Pilot Testing: The society is grateful to the following individuals and their staff and students who tested the materials and provided feedback: Sandy Staats, Native Education Centre, Vancouver; Barb Ward-Burkitt, Prince George Native Friendship Centre; Terry Johnston, Britannia Outreach Secondary School, Vancouver, Tiffany Lee, Law Courts Education Society of B.C. Artists:CURRICULUM GUIDES: Lyle Major, who grew up in Merritt B.C., attends the Native Education Centre in Vancouver and is the artist for the curriculum units. POSTERS: Khrystal Harper is a student at Van Tech High School in Vancouver. She is a member of the Carrier Nation and created the poster illustrations. COVER: First Nations Studies 12 students and Ter ry Johnston, Britannia Outreach Secondary School, Vancouver B.C. Production Team:Evelyn Neaman, Manager, Special Projects, Law Courts Education Society; Mai Wong, Administrative Assistant, Law Courts Education Society; Nola Johnston, Graphic designer, posters and guide; Tamara MacKenzie : Graphic designer, curriculum units and adult/youth factsheets; Sung Van Studios, Cover design; Gayla Reid, Writer; Leslie Dyson, Editor; Marylou Leung, Second Edition Revision National Library of Canada Cataloguing in Publication Data Main entry under title: On the Road to Justice, the Youth Criminal Justice Act and Aboriginal Communities. Guide to the posters for the Youth Criminal Justice Act ISBN Juvenile justice, Administration of - Study and teaching (Elementary) - Canada. 2. Youth - Legal status, laws, etc. - Study and teaching (Elementary) - Canada. 3. Criminal justice, Administration of - Study and teaching (Elementary)- Canada. 4. Canada. Youth Criminal Justice Act. I. Law Courts Education Society of British Columbia. KE9445.Z82O C KF9780.O STATEMENT OF LIMITATION Any contradiction, dispute or difference between the contents of the resource and the Youth Criminal Justice Act or the Criminal Code of Canada should be resolved only by reference to the most recent consolidation of the Criminal Code of Canada and the Youth Criminal Justice Act. The Youth Criminal Justice Act was passed by Parliament in February It is scheduled to come into effect in April Permission is granted to photocopy material for noncommercial classroom use. Rights for all other uses must be obtained by written permission from the publisher. Copyright Law Courts Education Society of B.C., 2002 Second Edition 2003

3 Table of Contents Guide to Youth Criminal Justice Act Posters Poster 1: Principles of the Youth Criminal Justice Act Poster 2: Community Participation in Youth Criminal Justice Poster 3: The Criminal Legal Process for Youth Glossary Web Resources

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5 Guide to Youth Criminal Justice Act Posters WHO IS THIS GUIDE FOR? This guide is for teachers and facilitators working with Aboriginal youth. It provides background information about the Youth Criminal Justice Act. It is designed to be used with the three posters on the Youth Criminal Justice Act included in this package. The guide and the three posters work in conjunction with the game, "Be a Legal Eagle," which you will find in the activity guides. There are two activity guides. The first is for youth in grades 6 and 7. The second is for youth at risk, aged 12 to 18 years. Both activity guides include the game and introductory lessons. These materials have been pre p a red for use by Aboriginal youth across Canada. They were developed by a national steering committee of Aboriginal educators, working with the Law C o u rts Education Society of British Columbia, on a project funded by the Department of Justice Canada, Youth Justice Policy. LEARNING OUTCOMES OF THESE MATERIALS Aboriginal youth and adults will be able to demonstrate knowledge of the Youth Criminal Justice Act, in particular they will be able to: List principles on which the law is based: community safety, responsibility and accountability, and respect. Describe community programs designed to prevent crime, rehabilitate youth who have offended, and safely reintegrate them into community. Explain the legal process for youth who break the law, including particular consideration for Aboriginal youth at sentencing. List the impacts of crime on victims. Describe how restorative justice principles are incorporated into the law. 5

6 NEW LAW FOR YOUTH The federal government has a new law about what happens when young people commit a crime. The new law is called the Youth Criminal Justice Act. It replaces the old law, which was called the Young Offenders Act. The new law aims to: rehabilitate young people who commit offences and reintegrate them into society ensure a young person is subject to meaningful consequences for his or her offences help prevent crime by addressing the circumstances underlying a young person's offending behaviour provide protections for youth provide specific protections for Aboriginal youth, and incorporate restorative justice principles What does the new law do? Holds youth accountable for crimes. Treats youth crime in ways that fit the seriousness of the crime and the youth s level of maturity. Makes a clear distinction between crimes that are violent and crimes that are not violent. Provides more choices about how to sentence youth who have committed a crime. Allows parents and the community to be more involved. Encourages repair of harm done to the victim and considers victims rights. Recognizes that Aboriginal youth may face unique challenges and have particular needs to be considered in sentencing decisions and other interventions. What does the new law say about non-violent and non-repeat off e n d e r s? Most young offenders are either non-violent or non-repeaters. They can expect: A range of options to hold them accountable other than going to court. These include warnings, cautions, community service programs and compensation to victims. These are called "extra-judicial" measures and sanctions because they are outside the formal justice system. Sentences that mean youths must do something in the community. This could mean doing something for victims to make up for crimes, or doing community service. Options such as community justice conferences and healing circles to deal with the o ffence. These are called "extra-judicial m e a s u res" because they deal with the o ffence outside of the formal justice system. What does the new law say about violent and repeat offenders? Youth justice courts can: Presume that a youth who is 14 years old or more can receive an adult sentence, if the youth has been convicted of a serious offence or displays a "pattern of conviction for serious, violent offences." (The 6

7 age varies according to province: 14, 15, or 16.) Give an adult sentence if a youth is older than 14 and convicted of a serious offence. Give a sentence that includes special supervision and programs if the youth has committed a serious, violent crime. This special sentence is called "intensive rehabilitative custody and supervision." Information about the youth and the crime The Youth Criminal Justice Act says: The youth s name might be published if he or she is convicted of a serious crime and receives an adult sentence. The judge will decide whether or not to allow it. If the youth receives an adult sentence for a serious crime, the youth s records are treated the same as if the youth were an adult. 7

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9 1 Highlights of the Youth Criminal Justice Act The four sections of the chart reflect the four principles of the act. 1. OBJECTIVES The Youth Criminal Justice act aims to: prevent crime have consequences that fit the crime and are meaningful help offenders stop their criminal behaviour and thereby contribute to the protection of society over the long term 2. YOUTH RESPONSIBILITY The Youth Criminal Justice Act stresses respect for the law and for others, responsibility for actions and fairness for everyone, including the victim. Young people between the ages of 12 and 17 are responsible for their actions. The consequences for the crime should reinforce respect for the values of society and help repair any harm done to victims. 3. YOUTH RIGHTS Upon arrest, youth have rights to: know the charge remain silent have a lawyer in court (provided through legal aid if the youth cannot afford a lawyer) have a parent, guardian, or other responsible adult present during all police questioning 4. EXTRA PROTECTIONS FOR YOUTH The Youth Criminal Justice Act says the youth s name can be published in the media if the youth is convicted of a serious crime and receives an adult sentence. The age of the youth is considered at all stages. A youth who is under 14 cannot be given an adult sentence, for example. The older the youth is, the more responsible he or she is for the actions. 9

10 The justice system will consider the needs of Aboriginal youth in determining all types of interventions under the act. Community safety is one of the goals of the Youth Criminal Justice Act. It aims to protect society by preventing crime having consequences that fit the crime helping offenders stop their criminal behaviour The Youth Criminal Justice Act stresses respect for the law and for others, responsibility for your actions and fairness for everyone, including the victim. QUICK FACTS ABOUT YOUTH CRIME Based on the most recent federal statistics Youth Crime in Canada From 1991 to 1997 youth crime decreased 23%. Youth crime is going down across Canada, in both rural and urban neighbourhoods. The new law distinguishes clearly between: Offences that involve violence, which are the minority, and Offences that are "non-violent," which are the majority. In 1997, 18% of youth crime was violent crime. 82% of all youth crimes are "non-violent." They include break and enters, car theft, drug-related offences and shoplifting. Property crime by youth (between 1991 and 1997) fell by almost half. In 1991 there were 91 charges per 1,000. In 1997 it dropped to 52 charges per 1,000 youth. The charge rate for prostitution, gaming and disturbing the peace fell 15% between 1991 and To find the most recent federal statistics on youth crime, visit 10

11 2 Community Participation in Youth Criminal Justice This poster describes the various way in which the community can deal with youth crime. INTRODUCTION The Youth Criminal Justice Act recognizes that attempts to address youth crime must focus on strengthening communities. The Youth Criminal Justice Act supports the use of alternatives to the formal court process and encourages community based referrals to deal with less serious offences. Traditional Aboriginal justice practices place emphasis upon restorative justice. Today, the Canadian justice system is learning from the traditional Aboriginal approach. It now puts more emphasis on restorative justice as an alternative to the court process, especially for youth. Instead of punishment, restorative justice emphasizes: the offender s shared responsibility for a lasting solution the offender s acknowledgment and willingness to take responsibility for the victim s suffering forgiveness Restorative justice treats a criminal act as harm done to victims and communities. It seeks a solution to the problems caused by the criminal offence. Thus, it involves victims and community members affected by the crime, such as family members of the victim and offender, in finding a resolution. The Youth Criminal Justice Act acknowledges that most young people can grow up and change while staying at home with their families. Programs in the community are usually the most successful way to help them. Young people are different from adults. They have different problems and different needs. 11

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13 Alternatives can involve the youth who has offended, the parents, relatives, elders, teachers, other community members, the police, and the victims of the crime. The law says youth will be held accountable and will see the value the community places on doing something to right the wrong. These alternatives are called "extra-judicial measures" (measures taken by police or the Crown) which include "extra-judicial sanctions" (sanctions given by the Crown or a judge). Why does the justice system involve the community in dealing with youth crime? The Canadian system of justice treats a criminal act as an act against the state. Criminal offences disrupt society, which the government has a responsibility to protect. Because of this responsibility, the police investigate the crime, and the Crown prosecutes cases for the state. The police, Crown, the judge or corrections officers can decide that the community should be involved. This benefits the accused because community participation allows an offender to gain insight into the causes and effects of his or her behaviour, to take responsibility in a more meaningful way, and to be reintegrated into the community. Community participation gives the victim a greater role than is available within the traditional Canadian "adversarial" justice system. It creates an opportunity for the victim to ask questions, receive answers, gain understanding, and explain the impact of the crime in order to obtain reparation, feel safe and seek closure. Community participation enables the community to reinforce its values and expectations, to understand the underlying causes of crime, and to determine what can be done to repair the damage, promote community well-being and prevent future crime. COMMUNITY JUSTICE CONFERENCING Community justice conferencing is an example of an "extra judicial measure." It is a process that involves the community. The Youth Criminal Justice Act encourages the use of conferencing because it allows the youth to be a participant in a process with victims, family members and others. In this way, the youth learns about the consequences of his or her misbehaviour and develops ways to make amends. Who participates? Each province can set up roles for conferencing. Not all offenders qualify for these types of programs. Nor are offenders or victims forced to participate. The police, Crown or judge decide whether offenders are eligible for these programs. They evaluate each case to see if these programs would hold offenders adequately accountable for their behavior. The police, prosecution, judges or correction officials can refer offenders to these programs at different stages of the process. 13

14 Other such extra-judicial measures may include: taking no further action warnings, police or Crown cautions referrals to community based programs an extra-judicial sanction Each province determines the measures or sanctions they will implement under the act. What happens? Volunteers who have been trained in the process often run community justice conferences. The conference facilitator arranges a meeting between the investigating police officer, the offender, the victim and people who are willing to support the victim and offender (parents, grandparents, siblings, friends). They sit in a circle and the facilitator leads them through a process that requires the offender to accept responsibility for wrong doing. 1) Victims have an opportunity to tell the offender how the wrong doing has affected them. Others in the circle are allowed to do the same. 2) Apologies are usually made to all who have been adversely affected. 3) The victim may suggest ways the offender can mitigate the harm that was done. For example, if the offence was vandalism, repairing the damage might be a good start. 4) Once the group has come to an agreement, the facilitator writes up an agreement which everyone signs. What is the result? FOR THE OFFENDER The final settlement on the offender represents a fair measure of accountability for the wrong doing, and it requires a greater commitment to make amends on the part of the offender. Facing one s victim in a small group and apologizing for the wrong doing is not easy for most offenders. FOR THE VICTIM Because of their active role in the process, victims usually receive more satisfaction from a community justice conference. The victim is usually helped by: learning of the offender s motivations for the wrong doing receiving an apology seeing the offender s remorse If the victim doesn t wish to participate in the process, a proxy can stand in. For example, police officers and school administrators have sat in a conference on behalf of victims. CIRCLE SENTENCING Circles are a form of sentencing that may be authorized by the province or territory Circles come from North America s Aboriginal traditions. They can take different forms depending on the needs of the parties and the traditions of the community. The offending behaviour is recognized as being rooted in the community and shared by all. A circle can include reconciliation between the offender and victim, if the victim chooses to take part. 14

15 3 The Criminal Legal Process for Youth The Youth Criminal Justice Act supports the use of alternatives to the formal court process. These alternatives are called "extrajudicial measures" which include "extrajudicial sanctions." Measures outside the court process are considered appropriate for a first, non-violent offence and are also available for other offences and offenders. 1. POLICE DECISIONS The police may investigate and find that no crime occurred, or that the suspect did not commit the crime. If a crime occurred, what happens next to the suspect depends on the seriousness of the offence. The police have the discretion to use "extra-judicial measures." If it is a minor matter like a scuffle where no one is hurt, or the youth has never been in trouble before, the police may give a warning, a caution, or take no further action. They will probably call the youth s parents and talk to them about the situation. The police may also refer the youth to a program in the community. If the youth admitting the o ffence agrees, police may d i rect the youth to take p a rt in some community p rogram designed to help them make better choices and stay out of trouble. Once the police have arrested a youth, ther e are two pre-court options: release or custody. Release. The police will ask the youth to sign a statement in which he or she promises to appear in court at a specified time, or the police will issue a summons ordering the youth to appear in court. Custody. A youth may be held in custody if the crime is violent, or the youth has a previous history of violent crime. The police will then prepare a police report for Crown counsel. 15

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17 This ends the police role in the processing of the accused. The Crown prosecutor has decisions to make in the next stage of the criminal justice system proceedings. 2. CROWN DECISIONS The Crown is the lawyer for the state. The Crown reads the police report and must decide if there is enough evidence to proceed with the case. If there is enough evidence to go ahead, the Crown may decide to: Take no further action Caution or warn the youth Recommend the youth take part in a community based agency program Speaks to sentence before a youth court judge where the youth decides to plead guilty Go to trial if the youth pleads not guilty The Crown may offer an alternative to court. This is called an extra-judicial sanction and it is part of the extra-judicial measures used outside the formal court process. The Crown may choose to use alternatives to court for youth when: There is enough evidence to prove guilt as charged; The accused has been advised of his or her right to legal advice before agreeing to participate in the program, and The offender accepts responsibility for his or her criminal actions and voluntarily agrees to participate in the program. As part of the community program, the youth may have to: Give an apology Do community service Give compensation to the victim or a charity Participate in a counselling program, aboriginal cultural activities, or a victim/offender reconciliation program Be placed under the supervision of a youth justice committee member 3. COURT DECISIONS First appearance The Youth Court judge will ensure the youth understands the charge(s) before accepting a plea of guilty or not guilty. If the youth pleads guilty and there is sufficient evidence to support the plea, the judge may give a sentence right away. If a not-guilty plea is entered, there will be an adjournment and a date set for a trial. Trial and sentencing Youth are tried in Youth Court. There is a wide range of sentencing options, from discharge to probation to custody. For very serious crime, youth can be sentenced following the adult guidelines defined by the Criminal Code of Canada. An adult sentence is presumed to be appropriate for youths 14 or older when they commit serious violent crimes. (The age limit for youths to be given adult sentences is 14 across the country, but the age of the presumption of an 17

18 adult sentence for the most serious offences varies from province to province 14, 15, or 16.) Very serious crimes include murder, manslaughter, attempted murder, aggravated sexual assault and repeat violent crimes. Youth Court judges look at offences, their seriousness, and the circumstances in which they were committed, including whether they were planned or not. Judges also look at whether injuries were caused as a result of crimes. In case of property damage, the judge will look at the extent of damages. If the offender is an Aboriginal youth, the judge will take that into consideration as well. The Youth Criminal Justice Act has a wide range of sentencing options. The purpose of sentencing is to hold a youth accountable for the offence and to promote the rehabilitation and reintegration of the youth in his or her community. Rehabilitation means the young offender must take steps to address some of his or her problems. Reintegration means the youth must learn to fit back in his or her community. Custody is reserved for violent or repeat offenders. All custodial sentences include a period of supervision in the community following the period of custody. All youth in custody are involved in reintegration planning. There may be rules the youth must follow. The youth may have to attend school, observe a curfew, not associate with certain people, not use drugs or alcohol, and attend anger management or drug and alcohol counselling. If these conditions are followed while the youth is being closely supervised and supported, then the youth has a better chance of not committing crime again. A youth who breach conditions of community supervision can be returned to custody. CONSEQUENCES OF HAVING A CRIMINAL RECORD Convicted youths will have a criminal re c o rd for up to five years after they have completed their sentence. If they commit other o ffences within that time period, then the p revious offences could be addressed in c o u rt, especially in sentencing. There f o re youth need to realize that their young o ffender criminal re c o rd will not automatically disappear after they reach the age of 18. The court can reopen "closed" youth re c o rds at a later time if the youth commits more o ffences. Convicted youths may not be able to travel to another country or secure cert a i n types of employment if they have a re c o rd. These are serious consequences for youth. 18

19 Glossary Aboriginal : This term includes Métis people, as well as people of the First Nations communities across Canada. Allege : To say something is the case before it has been proven in court. Community-based Measur e: Something that happens outside the court system to hold a youth accountable for a crime. Community-based Sanction : Something that happens outside the court system to hold a youth accountable for a crime. It includes a program or conditions that the youth must complete. Community Justice Conference : A type of conferencing authorized by law. It is a gathering of those concerned with the youth and the crime who meet to discuss how to deal with the youth. The youth who committed the crime, their family members, police, and people affected by the crime are among those who may attend. Victims may attend if they choose to do so. The Crown : A lawyer for the government who decides if there is enough evidence to charge the youth with a criminal offence. The Crown is also called "the prosecutor" because he or she presents the evidence against the accused if the case goes to court. Custody : This is the term for being under someone s care or control. For youth convicted of a crime, it means being in the care and control of Youth Corrections. "Closed custody" means being held in a jail. "Open custody" means being held in a jail with fewer restrictions and conditions. Extra-judicial : This term means outside the court system. 19 Extra-judicial Measures : These are measures taken outside the formal court system to deal with youth crime. They are initiated by police or Crown counsel. Extra-judicial Sanction : These are measures outside the formal court system that the youth who committed the crime must follow. It is initiated by Crown counsel. Judge : This is an official with special legal training appointed by government to decide whether or not the facts presented in court prove the youth committed the offence. The judge decides the sentence for the crime Lawyer : This is a person with special legal training who can represent someone in court and give advice about the law. Offence : This is another word for a crime. Probation : This means a sentence that puts conditions on the youth s behaviour in the community. Rehabilitation Program : This refers to programs designed to address the problems that lead the youth to commit the crime. Reintegration : This refers to the youth's ability to fit back into his or her community. Sanctions : These are the rules the youth must obey. Sentence : This refers to the penalty for a crime. Sentencing Circle : This is a gathering of members of the community and the young offender (and the victim if he or she chooses). They work out a sentence that will help the youth repair the harm caused by the crime. They tell the sentencing judge what they recommend.

20 Web Resources Justice Canada Youth Justice Statistics Canada h t t p :// w w w.statcan.ca/english/pgdb/justic.htm National Crime Prevention Council Access to Justice Network Youth Justice Education Partnership Manitoba Justice Victim's Rights victimsindex.html New Brunswick Youth Justice includes references to teacher guide and video, "Chasing Away Rain Clouds." Newfoundland Youth Justice Center on Juvenile and Criminal Justice Justice for Children and Youth Office of Juvenile Justice and Delinquency Prevention ntents.html Youth Crime Statistics 00/ htm Youth Site Sponsored by John Howard Society of Calgar y Institute for the Study of Antisocial Behaviour in Youth Justice as Healing Newsletter Implications for Aboriginal Communities h t t p :// w w w. a b o - p e o p l e s. o rg / p ro g r a m s / p l e i / pleione.html Balanced and Restorative Justice Center for Restorative Justice Nova Scotia Restorative Justice An interactive international learning exchange for youth, with information on youth justice. 20