Presentation for Judges of The Russian Federation SOME PERSPECTIVES ON YOUTH JUSTICE IIN CANADA

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Presentation for Judges of The Russian
FederationSOME PERSPECTIVES ON YOUTH JUSTICE
IIN CANADA

• Robert E. Lutes, Q.C.
• Rostov--September 15, 2006

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Presentation on the Youth Criminal Justice Act
(YCJA)1. Introduction and Overview2.
Background Information 3. The General Context4.
Principles5. Goals and Objectives6.
Extrajudicial Measures7. Judicial Measures8. A
Few Special Issues9. Partners 10. Suggestions
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1. INTRODUCTION AND OVERVIEW

• Russia and Canada are both Federations
• We have some of the same issues due to our
  Federal and Regional interests.
• Federal and Regional Legislation can support each
  other
• Programs and services are delivered on a local
  level.

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2. Background Information

• 1908-1984 Juvenile Delinquents Act -
  social welfare legislation
• 1982 Canadian Charter of Rights and Freedoms
  -
  rights of youth now part of constitution
• 1984-2003 Young Offenders Act - due
  process model
• 2003--- Youth Criminal Justice Act -
  less reliance on courts and custody
  -more reliance on conferencing, community based
  options, communities, and families.

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3. The General Context

• Three main weaknesses in the youth justice system
  identified and addressed by the YCJA
• Not doing enough to prevent troubled youth from
  entering a life of crime
• Need to improve the way it deals with the most
  serious violent youth, and
• the system relies too heavily on custody as a
  response to the vast majority of non-violent
  youth

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4. Principles

• S. 3Some of the principles
• Addressing underlying circumstances
• Rehabilitate and reintegrate
• Fair and proportionate accountability
• A system separate from adults
• Timely intervention
• Encourage the repair of harm done to victims
• Distinguish between violent and non-violent

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5. Goals and Objectives

• Two of the goals and objectives of the YCJA were
• 1. to reduce the number of cases that entered the
  formal court system, and
• 2. To reduce the number of youth that went into
  custody, both pre-trail and post sentence

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5. Goals and Objectives contd

• The response to too many youth being sent through
  the formal court process was
• Extrajudicial Measures being presumed adequate
  for non-violent offences
• New EJM were added (tnfa, warning, caution,
  referral EJS)
• Example on timeliness Friday night

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5. Goals and Objectives contd

• The response to too many youth being in custody
  for non-violent offences was
• Custody is precluded for child protection,
  mental health or other social measures both
  pre-trial and on sentencing.
• Reduced use of pre-trail detention
• Reduced reliance on Custody as a sentencing
  option

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5. Goals and Objectives contd

• Section 39-No custody unless
• (a) A violent offence
• (b)Failure to complynon-custodial sentence
• (c)Offence 2 years for an adult a pattern
• (d)Exceptional circumstances

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6. Extrajudicial Measures (outside formal court
process (ss. 4--12))

• Graduated approach includes
• Police taking no further action(s.4)
• Police warnings(s.4)
• Police cautions(s.4 7)
• Referrals to community programs(s.4
• Extrajudicial sanctions(s.10) (e.g., apology to
  victim, restitution, community service)
• Pre-charge screening by prosecutor(s.23)
• Crown Cautions (s.8)

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7a. Judicial Measures Admissibility of
Statements (s.146)

• The Statement must be voluntary
• Young persons rights must be explained in age
  appropriate language
• A right to consult a parent and legal counsel
  before making a statement
• A right to have the person(s) consulted present
  while the statement is taken
• Statements may be in writing or by audiotape or
  videotape

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7b. Judicial Measures Pre-Trial Detention

• Detention cannot be used for child protection or
  mental health needs of the youth
• Limits on the use of detention if the offence
  would not warrant custody at sentencing
  (protection of the public)
• Judge must ask whether there is a responsible
  adult or appropriate program is available as an
  alternative to detention
• Assessment for Bail purposes

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7c. Judicial MeasuresFirst Appearance in Court

• Some of the considerations for the Youth Justice
  Court
• Legal Counsel is available
• The young person knows charges before the court
  and the jeopardy they face
• Determine the age of the young person
• The young person understands the nature of the
  proceedings

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8. A Few Special Issues

• a. Victims
• b. Publication
• c. Information (Systems and Sharing)
• d. Risk Factors
• e. International

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8a. Victims

• The YCJA recognizes and respects the rights of
  victims.
• A number of sections of the YCJA make specific
  reference to victims 3,5,12,14,18,38,40,42,50,53,
  54,111 119
• The Act supports the rights of victims to receive
  information and to be treated with respect.

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8b. Publication

• There are limitations on the publication of the
  identity of young persons in order to support the
  rehabilitation of young persons.
• Does the press have a role in furthering the
  goals and objectives of the YCJA?

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8c. Information (Systems and Sharing)

• The best decisions are made with the best and
  most complete information.
• Information must be recorded and be readily
  available (subject to the privacy provisions).
• Protocols for information sharing.

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8d. Risk Factors

• Learning disabilities / learning problem
• Poor classroom management (Farrington)
• Bullying at school (Farrington)
• Poor attendance in school (school suspensions)
• Drugs/alcohol/substance abuse

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8d. Risk Factors contd

• Poor parental supervision and inconsistent
  treatment (Farrington)
• Abuse
• Negative peer influence
• Lack of appropriate leisure activities
• Note that many crimes are committed between the
  time school lets out and supper time.

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8e. International

• U N Convention on the Rights of the Child
• Article 1 child means every human being below
  under the age of 18, unless..
• Article 37(b)
• The arrest, detention or imprisonment of a
  child shall be in conformity with the law and
  shall be used only as a measure of last resort
  and for the shortest appropriate period of time.

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9. Partners

• Parents, Education, Social Services, Health,
  Mental Health, Police, Judiciary, Government
  Support Programs, NGO Support Programs are all
  potential partners of the Justice System.
• A multi-disciplinary problem solving approach.
• The YCJA gave recognition to the importance of
  these partners sections 3,4,5,6,10,11,12,18,19,35
  ,38,40,42,53,55,83,90,91,97,105,116,119,120,125(6)
  157.

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9. Partners contd

• Parents
• Parents are often the most important support for
  youth
• Parents need to be supported in their efforts
• When youth enter the justice system parents need
  supportParent Services
• Schools have an opportunity to support parents
  and parents can support schools

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9. Partners contd

• Education / schools
• A key partner for youth is the school
• Information sharing ss.125(6)
• Parents are the key connector
• Keep youth in school
• Failure to attend school is a risk factor
• Police intervention / Peer Mediation

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9. Partners contd

• Police
• Police are a key decision maker.
• Given police more credit ( example--nothing
  happened?)
• The value of police decisions are supported take
  no further action, give a warning, give a police
  caution (if authorized by the AG), make a
  referral to a community program.
• In Nova Scotia, the RCMP also have a Community
  Justice Forum Program.

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9. Partners contd

• Social Services Mental Health
• These agencies are partners not simply referral
  agencies.
• Stable housing is an issue of critical importance
  for youthif their not at home where are they?
• Social workers mental health workers working
  closely with schools, parents and courts.
• Courts under the YCJA can make a referral to a
  Child Welfare Agency

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10. Suggestions for Canada and for consideration
in the Russian Federation

• Housing for youth short and long term
• Parent Services be established
• Short court times
• Limit conditions on court orders
• Education for all, even those suspended
• School counselors
• Support Services available in schools
• Apply Restorative Justice principles
• Multi-disciplinary approach (Community
  Consultation Booklet)