Youth Criminal Justice Act (C2)

Question 1

What is justice?

Answer 1

The application of laws (to maintain the internal stabilities of society not related to prices unless fraud/theft, e.g. famine could occur and prices go up but you can’t convict anyone while society still destabilizes)

Question 2

What is a justice system?

Answer 2

The institutions and procedures of applying law in a society

Question 3

What does “fair and equitable” mean?

Answer 3

Govern by rules that apply to everyone but also take individual circumstances into account

Question 4

Why is justice “blind” in Canada?

Answer 4

To promote impartiality and remove prejudice from the process of justice enaction

Question 5

Legislation

Answer 5

Laws created by the legislative process

Question 6

Validity

Answer 6

Reliability based on critical assessment

Question 7

What are the rights you have when arrested?

Answer 7

To remain silent, to speak to a lawyer/parent/guardian, to have parents with you during questioning, to have a lawyer if you go to court

Question 8

What is the Youth Justice Committee?

Answer 8

A group of volunteers from your community that connects with everyone (family, victim, etc.) to provide a just charge for the offence

Question 9

What is community service?

Answer 9

Help in the community (unpaid) performed as part of a sentence (a sentence option) e.g. food bank, clean-up, renovations, etc.

Question 10

Criminal Record

Answer 10

Permanent record of breaking the law, which is public info. It can bar you from working at certain jobs and prevent you from traveling abroad. (Convicted)

Question 11

Sentence

Answer 11

The consequence of committing a crime (e.g. imprisonment); determined by court/law

Question 12

Rehabilitation

Answer 12

Restoring someone to health or a normal life after a sentence (counselling/therapy), often improving their behaviors/attitudes.

Question 13

Reintegration

Answer 13

Reintroducing someone back into society (to make part of again) by providing skills and knowledge

Question 14

What is the requirement of due process?

Answer 14

The requirement that legal matters be resolved according to established rules/laws in society

Question 15

How is youth justice different from adult justice?

Answer 15

• Youth Criminal Justice Act vs Criminal Code of Canada
• 12 to 17 vs adults
• Youth offenders can have non-court-based sentences (e.g. community service) while adults must go to court
• YCJA prohibits adult sentences for ages 12-14 and only uses adult sentences on serious offences 14-17
• Media ban for youth while publication of crime for adults
• Allows youth to avoid criminal record while adults cannot

Question 16

What is the process of a youth offender through the YCJA if the youth is charged?

Answer 16

If serious, go to court (+judge), either sentence or community service, if does not complete goes back to judge

Question 17

What happens to the youth offender if they are charged but the case is not serious?

Answer 17

If not as serious/violent, go to prosecutor then either court or YJC, after that same logic (do community service or sentence, if community service not done then go back to court)

Question 18

What happens to the youth if they are not charged?

Answer 18

Program, then community service

Question 19

Prosecutor

Answer 19

A lawyer who uses evidence to prove that someone has broken the law

Question 20

Who was the Minister of Justice when the YCJA was established?

Answer 20

Anne McLellan

Question 21

What is the media ban?

Answer 21

A law that protects young offenders from being exposed by media (protects youth’s future from being completely tarnished)

Question 22

What factors determine the severity of the consequences youth offenders face?

Answer 22

• Seriousness of crime (e.g violent vs non-violent)
• Recidivism
• Attitude of offender (remorse or no?)
• Offender’s background (e.g. abuse)

Question 23

What are the objectives of the YCJA?

Answer 23

1. Prevent crime by addressing certain underlying behaviors of the youth (e.g. abuse)
2. Rehabilitate and reintegrate youth offenders back into society
3. Ensure youth offender is subject to meaningful consequences in order to protect society
4. Treat youth different from adults due to them having different levels of maturity

Question 24

Colonialism

Answer 24

The process of establishing colonies, in which a region is claimed and governed by a country from another part of the world

Question 25

How has the YCJA affected the rates of crime?

Answer 25

Decreased charged individuals due to introducing other forms of consequences

Question 26

What are the Conservative Party's views on the YCJA?

Answer 26

They believe it is too soft on youth offenders and want to strengthen the system and levy heavier punishments

Question 27

Why do some First Nations people view Canada's justice system negatively?

Answer 27

They view the justice system as a foreign form of governance imposed onto them by force, as an extension of colonialism

Question 28

(Pragmatic Usage) How to read a political cartoon?

Answer 28

1. What symbols does the cartoonist use? (e.g. what objects, what expressions, what setting, etc.) 2. What situation does it show? 3. What is the message the cartoonist is trying to convey to the reader? (e.g. “the jail doesn’t stop the young person” (literal), replace symbols with real things: “the YCJA can’t stop the young offender”)

Question 29

What is a jury?

Answer 29

- Jury: 12 adults selected to vote on whether the defendant is guilty or not (Must be consensus (unanimous) or it is a mistrial) - All Canadian citizens 18 or older can be called to jury duty (Jurors anonymous) - If summoned, you must appear or fines/jail time unless hardship or bias (civic duty)

Question 30

What are the conditions/responsibilities for a jury?

Answer 30

- Youths 14-17 with serious offences can choose to have a jury and a judge - Anyone 18 or older who is a citizen is eligible to have a jury - Employers must give you time off for jury duty but don’t have to pay you - You must show up unless you can prove undue hardship/bias

Question 31

Pros/Cons of the jury system

Answer 31

Pros: Eliminates judge singular bias, promotes civic engagement, allows for diverse points of view Cons: Time consuming, expensive, need consensus, jurors lack legal experience, juror PTSD

Question 32

Defence

Answer 32

Includes evidence that supports defendant is innocent, represented by the defence lawyer

Question 33

Prosecution

Answer 33

Includes the evidence that supports defendant is guilty

Question 34

Sequester

Answer 34

To remove from contact (Juries sequestered to ensure they only consider evidence provided in court)

Question 35

What do justice advocacy groups do and what are some examples?

Answer 35

Organizations independent of the govt that provide public legal education (e.g. for the YCJA), solve underlying reasons for crime, work to reintegrate offenders. Examples: Elizabeth Fry Society (only women), John Howard Society (All)

Question 36

What is restorative justice and how do Indigenous Elders participate?

Answer 36

- Restorative justice makes consequences meaningful instead of only punitive. (E.g. considering youth’s background) - Indigenous youth may use restorative justice as a meaningful consequence (e.g. Elders counselling, sentencing circle, Indigenous traditions/practices, Gladue Report)