Youth Criminal Justice Act

1
Youth Criminal Justice Act

• Presented by Jacqueline Grenon
• Ministry of Community Safety and Correctional
  Services of Ontario
• January/2004

2
Overview of the YCJA

• Philosophy of the act outlines the roles
  expectations for all those involved
• Encourages police, judge, justice, crown
  attorney, prosecutors, probation officers and
  youth officers to work with youth
• Provides meaningful consequences holds the
  young person accountable for their offending
  behaviour
• Promotes successful rehabilitation reintegration

3
Overview continued

• Focuses on prevention to address root causes of
  crime
• Support youth
• Encourage community efforts to reduce crime
• Provide more control ensure more effective
  treatment support for rehabilitation

4
Preamble

• Outlines societys responsibility to address the
  needs of young person prevent youth crime
• Legal rights of the youth must continue to be
  respected

5
Preamble continued

• Speaks clearly to meaningful consequences
• Proportionate sentencing accountability
• Criminal law should be used with restraint
• Incarceration of youth should be reduced
• Holistic inclusive approach

6
Declaration of Principles Sec.3

• Youth criminal justice system is intended to
  promote the long term protection of the public
• Prevent crime by addressing the circumstances
  underlying a Young Persons offending behaviour
• Rehabilitating Young Persons who commit offences
  reintegrating them into society
• Principles must be used to interpret apply the
  principles of the act

7
Objectives of the Youth System

• Prevention the needs of youth as individuals
• Rehabilitation reintegration
• Meaningful consequences
• Promote the long term protection of society
• Encourage repair of harm done to victims
• Involve families, communities, social agencies
• Respect gender, ethnic, cultural linguistic
  differences
• Respond to the needs of aboriginal youth

8
Youth Justice Proceedings

• Apply the following special considerations
• Protected rights freedoms
• Victims right to information
• Parents to be informed of measures support
  their children in the process

9
Extrajudicial 1 Measures/Sanctions

• Police (measures)
• Take no further action
• Warning Sec 6(1) informal
• Police caution Sec 7 formal program needs to be
  established (measures are monitored by the police

• Referral to a community program or agency Sec
  6(1)- see note below
• Crowns
• Cautions Sec 8 formal program needs to be
  established
• Extrajudicial Sanctions Sec 10 (same principles
  apply as under the YOA)

Ex Court Outreach for Mental Health Services
can Help identify cases appropriate for sanctions.
10
New Youth Sentences

• YCJA under Section 42(2) and include
• Reprimand (A)
• Custody Community Supervision (N)
• Custody Conditional Supervision (O,Q,R)
• Deferred Custody and Supervision (P )
• Non-Residential Attendance Program (M)-n/a
• Intensive Support Supervision (L)- n/a
• Intensive Rehabilitative Custody and Supervision
  (IRCS) Mental health cases (High risk of
  violence)

11
Conferencing Section 19 41

• Section 19 - To give advice to a decision maker
  under the Act (appropriate for mental health
  cases as well)
• Section 41 When YP found guilty, court may
  convene a conference for purpose of sentencing
  recommendations
• Increased involvement of the victim community
• Can be called at any time prior to sentencing, at
  any stage of the proceedings
• Section 35 Child Welfare (n/a) under review for
  clarification by M.A.G with consultation with Fed
  government.
• Addresses appropriate EJS, conditions for interim
  release, sentences reviews, reintegration
  plans, other matters

12
Who calls a conference under Section 19? 2 (ab)

• Police Officer
• Judge ( can also call conf. Under s. 41)
• Justice of Peace
• Prosecutor
• Provincial Director
• Youth Worker
• Worker involved with the Youth in the Community

13
Rules on Conferencing sec 41

• Needs to be established by the province
• Probation Officers may participate in a
  conference but will not be responsible for
  coordinating or convening (with exception)

14
Section 34 Reports Medical Psychological

• Ordered at any stage of the proceedings
• Assessed by a qualified person
• Written report must be provided to the court as
  required
• Formerly known as Section 13 reports
• This is more common in Phase 1 (under 16)

15
Pre-trial Detention

• Not to be used as a substitute for child
  protection, mental health or other social
  measures (i.e. section 35)
• Presumption that detention is not necessary for
  public safety if young person could not be
  sentenced to custody if convicted
• Judge is required to inquire about the
  availability of a responsible person

16
Presumptive A Offences

• Murder
• Attempted Murder
• Manslaughter
• Aggravated sexual assault
• Same offences defined under the Section 16 of the
  YOA

17
Presumptive B Offences

• At the time of the offence the youth has at least
  two prior judicial determinations of Serious
  Violent Offences (SVO)
• SVO for which an adult is liable to
  imprisonment for 2 years
• Judge endorses the information and indictment to
  identify a SVO (via hearing)
• Sec 42.9 onus on the attorney general to apply on
  behalf of the young person after the finding of
  guilt (To declare SVO)
• Subject to appeal
• Age of presumption in Ontario is now 14

18
Non-Presumptive Offences

• Any indictable offence for which an adult could
  receive a sentence of imprisonment for more than
  2 years but not presumptive
• Onus on crown to make application, to notify
  youth the court and to prove an adult sentence
  is warranted (Section 16 transfer hearing
  eliminated)

19
Reintegration Planning

• Begins as soon as young person goes into custody
• Sets out key supports and most effective program
  for young persons which will suit their needs
• Builds in continuity between custody and
  community portion of sentence
• Realistic goals must be outlined achievable and
  not unattainable (least intrusive yet accountable)

20
CCS order 4(a-b) Probation

• 7 mandatory conditions Sec 97
• Attached to each new custodial sentence
• Optional Conditions may be added by the PD prior
  to release from custody (at least 30 days prior)
• Conditions are enforced by PD
• Conditions subject to review by PD
• Conditions signed-off by PD

• 2 mandatory conditions
• Optional order by the Court
• Optional Conditions ordered by the Court at
  sentencing
• Enforceable conditions by court
• Conditions subject to review by Court process
  (non custodial review)
• Conditions signed-off by Judge

21
Custody Community supervision (see 4)

• Custody
• 2 levels of custody remain
• Secure and open custody
• Determined by the Court
• Child Welfare, aboriginal needs, victims, special
  needs youth to be considered at all times (incl.
  Pre-trial detention)

• Community Supervision
• Community supervision is not Probation
• Attached to custody orders
• PD Delegation includes adding Optional Conditions
  
• Applicable conditions necessary for successful
  reintegration planning

22
Custody and Community contd

• Section 88 YCJA (includes 24.2(9) YOA)
• No Review Board in Ontario Sec 30/31 Progress
  Report Sec 28(2) ?
• Prepared by the Case Manager/Probation Officer

• Level of custody determined by the PD on 24.2(9)
  decisions (from open to secure max 15 days no
  change)

23
Case Management Plan Community (6)

• A concise and comprehensive case management plan
  shall be developed and implemented for each young
  person with a community supervision document or a
  warrant of committal or detention order.
• Shall have documented objectives (in plan and/or
  on OTIS

24
CM Plan Community contd

• Documented objectives shall minimally address
  reintegration factors which are reviewed with the
  youth as often as required and/or as per local
  practice and/or policy requirements during their
  period of custody during discharge meeting
• Continuity of care developed as part of community
  supervision portion of CCS sentence, and aligned
  with Probation to follow

25
Reintegration Factor

• Should be based on acquiring relevant and
  tangible evidence through such methods as
  interviews with collaterals sources, acquisition
  of documentation etc.
• To confirm sufficient support
• Even in the absence of a specific condition on
  the supervision document
• Responsibility of the staff to address targeted
  factor(s) with adequate referrals, one-to-one
  intervention, motivational strategies etc.