Youth Criminal Justice Act
Written by Audrey Roy on 12/10/10
Scenario: James is 15 years old and recently started using drugs. A new friend of his, Paul, suggested he start selling in his high school, and told James he could help him get started. James knew he could get in trouble, but wanted to keep Paul as a friend. Paul had been there for him while his parents were going through their divorce. James agreed, and the next day Paul set him up. A couple of weeks later, James was confronted by the principal, a police officer and a drug dog. They had found a stash of drugs in his locker.
What will happen to James?
Since 2003, youth between the ages of 12 and 17 who enter the criminal justice system, are dealt with under the Youth Criminal Justice Act (YCJA). This act aims to address factors that may have led youth, like James, to become involved with crime in order to prevent it from happening in the future. It also ensures James faces meaningful consequences, and encourages the repair of any harm that was done to other people or the community. The act also hopes to ensure that James is rehabilitated, and can re-join his community with no problems.
Still wondering what will happen to James? Keep reading!
The police officer who confronted James has several options: to take no further action, give him a warning, refer him to a community program (which can include replacing or paying for something that may have been broken, paying for damage that may have been done, doing some community volunteer work etc.) or proceed to court where a caution could be administered. These choices the police have are called extrajudicial measures.
However, if the offence was serious enough or if other circumstances existed, other options through the court include extrajudicial sanctions (i.e formal programs that exist in communities that have been approved by the Attorney General) or Youth Justice Court.
Many of the programs youth can be referred to use a restorative justice approach. This approach aims to restore the harm done and build positive relationships. It brings everyone who has been affected by the crime together (offender, victims, parents, youth worker, and any other person involved) to discuss what happened, why it happened and what can be done to repair the harm. In order to use the restorative justice approach, the person who inflicted the harm must take responsibility for their actions, and the victim(s) must be willing to participate.
In James’ case, it was his first offence, and he had a lot going on in his life. The YCJA provides police officers with many opportunities and options to help James (and youth in similar situations) get back on track, repair any relationships or harm that resulted, and ensure that he does not become involved with the system in the future. For more information on the YCJA, rights you have as a youth, or restorative justice, check out this link!
One Reader Comment:
ashaunteJanuary 31st
i love the link on the page. but i was wondering if i could have an interview with one of the justices or police about juvenile charges compared to adult charges for my research paper.