6.2

Question 1

Under what act would 14 year olds who committed a serious offence be transferred to adult court and given an adult sentence

Answer 1

Juvenile Delinquent Act

Question 2

Shortcoming of the JDA

Answer 2

Upper limit age was different everywhere

Dealt with status offence and criminal offences (skipping school,porfanity, having sex)

girls treated more harshley for sexual immorality

Question 3

Due process violates for the JDA

Answer 3

Paternalism: inconsistent sentence cuz court acts as parent

No access to lawyer

Trials were not public

Question 4

When did the Young Offender Act come in

1981

1984

1997

1989

Answer 4

1984

Question 5

The Yoa created a standardized limit of young offenders. What is it?

Answer 5

12-17

Question 6

The YOA meant that courts no longer dealt with what?

Answer 6

status offences

Question 7

What act shifted rehabilitative to punitive approach for youth?

Answer 7

Young Offender Act (1984)

Question 8

When was the Charter of rights and freedoms enacted

Answer 8

1982

Question 9

where can you find legal rights in the charter rights and freedoms

Answer 9

section 7-14

Question 10

What was one thing that was continued from the JDA to the YOA

Answer 10

Publication ban on youth names

Question 11

What was the solution for youth who committed serious crimes under the YOA (1984)? What was the issue with this?

Answer 11

Tried as an adult and their name could be publicized

Question 12

Why was lack of effective reintegration upon release from custody an issue

Answer 12

never given the proper tools for success and had a hard time finding help

Question 13

When was the YCJA Act created

Answer 13

2003

Question 14

sentence under the YCJA must be the (hint:how long? how harsh)

Answer 14

least restrictive and proportionate to the offence

Question 15

What act made sure that youth couldnt be questioned without a parent or caregiver present

Answer 15

YOA 1984

Question 16

what is the thre tiered system of the YCJA

Answer 16

1. minimal no intervention for minor offences
2. intermediate sanction for non first time offenders of violent offender (probation, community service)
3. adult sentence for serious and violent offender

Question 17

How do custodial sentence works

Answer 17

partially served in facility and remainder served in the community

Question 18

What is the maximum sentence for youth

Answer 18

10 yeard

Question 19

If a youth commits first degree murder what will their sentence be?

Answer 19

6 years in prison 4 years in community

Question 20

If a youth is charged with second degree murder what will be there sentence

Answer 20

7 years

4 years in facility 3 years in community

Question 21

max amount of years for a youth who committed and indictable offense not homicide

Answer 21

3 years

Question 22

What is the max years for other normalish youth crimes

Answer 22

2 years

Question 23

open custody vs closed custody

Answer 23

smaller, shorter sentence, limited security, residential areas, go to school/work. offsite/onsite treatment

larger, longer sentence, higher security, no uniforms, industrial areas

Question 24

Slide 20

Question 25

in what cases can a publication ban be lifted

Answer 25

1st or 2nd degree murder

attempted murder

manslaughter

aggravated sexual assault

repeat serious violent offence

offence in which adult would receive 2 years in jail

Question 26

what is an extrajudicial measures

Answer 26

alterative to laying charges for minors

Question 27

6 extrajudical measures

Answer 27

NO further action
Verbal
Written
Referral (counselling
Crown referral
extrajudicial sanctions (restitution, apology, victim offender)

Question 28

Can youth receive an EM more than once (or if
previously found guilty of an offence)?

Answer 28

Yes, they can. There is no limit and you can receive more than one extrajudicial

Question 29

should the police keep records if a youth
receives an extrajudicial measure/sanction?

Answer 29

originally police did not keep track of it but now there are records of extrajudicial sentences