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Chapter 10: Canada's Youth Justice System pages 283-308

10.1 Introduction

1. Who is considered a young offender under Canadian law?

2. Read the section Looking Back: The Juvenile Delinquents Act.


a) When was the Juvenile Delinquents Act passed by the Canadian government?

b) What age limits were used under the Juvenile Delinquents Act?

c) What were the objectives of the Juvenile Delinquents Act? Be sure to comment on the use of
the word delinquent as opposed to offender.

d) What act eventually replaced the Juvenile Delinquents Act?


10.2 Ages of Criminal Responsibility

Young offenders in Canada are now dealt with under the Youth Criminal Justice Act (YCJA), which received
Royal Assent on February 19th 2002, and was officially proclaimed into law on April 1st 2003. The YCJA was
created to address complaints about Canadas previous young offender legislation, the Young Offenders Act
(YOA).

What are the four basic objectives of the YCJA?

Changes Brought in by the Youth Criminal Justice Act (pp.285-287)

One major concern with the YOA was that the Act protected youths under the age of 16 who were
charged with violent crimes.

Explain how changes in the YCJA have attempted to address this public concern (p.287)

10.3 The Rights of Youths pp.287-292


1. What are programs of extrajudicial sanctions? What were they called under the YOA? What are
these programs designed to do? What 2 conditions must be met?

2. Looking at Figure 10-5, make a list of the top 8 programs of extrajudicial sanctions assigned to
youths between 1998 and 1999.

Top 8 Extrajudicial Measures (Alternate Measures) Assigned to youth 1998-1999


Rights of Youths
Upon Arrest - Rights Concerning Detention and Bail
Terms of release:
1)

If at risk of reoffending, may be


2) 1)

2)

Fingerprints and photographs:


3)

YOU be the JUDGE: Should parents be held responsible for the criminal action of their children?

CASE Studies
CASE R. v. I.(L.R.) and T.(E.) pp.289-290

CASE R. v. M.C. p.291

10.4 Trial Procedures pp. 292-196


1. What are some of the basic similarities and differences between trial proceedings in youth court and
adult court?

Youth Court Adult Court

2. What privacy protection is offered to youths under the YCJA?

3. Under what circumstances might a case be transferred from youth court to adult court?

10.5 Sentencing pp. 296-303


Non-custodial options available for judges when sentencing young offenders
Absolute
Discharges

Fines

Compensation

Personal and
Community
Service

Probation
Term Definition Example of this type of facility
Open
Custody

Secure
Custody

Distinguish between an appeal and a review, noting their varying purposes.