Issues for Canadians Chapter 2

How do Canada’s justice system and

the Youth Criminal Justice Act
attempt to treat young offenders
fairly and equitably?
WHAT’S IN THIS SECTION

In this section, you will read about Canada’s youth justice system
and how it deals with young people who break the law. You will
find:
• A true story about a girl who broke the law and what
happened when she entered the justice system.
• The objectives of the Youth Criminal Justice Act (YCJA). This
important piece of legislation affects all young people who
come into conflict with the law.
• News articles that reflect different views on the effectiveness of
the youth justice system.
• Statistics that illustrate trends related to youth crime.

What are you looking for?

As you read the section, look for:
• The steps involved when a young person enters the justice
system.
• The type of justice that the system determines will best meet
the needs of the young offender, the victim and the
community.
• The advantages and disadvantages of the YCJA and areas that,
in your opinion, should be changed.
• The ways in which the justice system is fair and equitable
when dealing with young offenders.
An Edmonton hockey fan kicks
a burning phone booth during
a riot following a playoff game
in 2006. Police arrested many
people — youths and adults,
bystanders and others —
to stop the rioting in the
interests of public safety.
Think critically: Who should
face consequences for
incidents like this? What
consequences would be just?

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Issues for Canadians Chapter 2

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Issues for Canadians Chapter 2

How are youth justice and adult justice

different in Canada?
community service: help • Canada has different legislation for young people who break the
in the community
performed as part of law and for adults who break the law.
a sentence, such as • The Youth Criminal Justice Act (YCJA) was passed by parliament
assisting with a in 2003. Canada has had laws like the YCJA — that treat young
community clean-up
offenders differently from adult offenders — since the 1890s.
or food bank

criminal record: a Canada’s Justice System

permanent record of
breaking the law, which
YOUTH CRIMINAL JUSTICE ACT CRIMINAL CODE OF CANADA
is public information. A
criminal record can bar
you from some jobs,
volunteer positions and
travel to other countries.

sentence: a consequence
for a crime, such as
imprisonment,
determined by a court
of law

This law defines the consequences young This law defines the consequences adults
people face for criminal offences. face for criminal offences.

Why do you
think a
young offenders adult offenders
separate
justice system is
needed for young • Deals with 12- to 17- year olds • Deals with adults in trouble
offenders? in trouble with the law. with the law.
• Allows some young offenders • Makes going to court the
to face consequences such as usual consequence for
counselling and community breaking the law.
service. • Defines adult sentences,
• Prohibits adult sentences for which can include long
youths 12 to 14 years of age. periods of imprisonment for
Allows adult sentences for some crimes.
young people 14 years of age • Allows the publication of
and older who have offenders’ names.
committed serious crimes. • Creates a criminal record for
• Protects the privacy of young most offenders.
offenders. News media may
not publish their names Based on the
unless they receive an adult information on this
sentence. page, how would a
• Allows most young offenders criminal record affect your
to avoid a criminal record. quality of life? How might
it affect your identity?
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 To w h a t e x t e n t i s t h e j u s t i c e s y s t e m f a i r a n d e q u i t a b l e f o r y o u t h ?

1. Reflect back to the story you read about the girl who broke the law on
pages 61 to 63. Using an electronic drawing or autoshape tool, create a
flow chart of what happened to her inside the justice system. Compare
your flow chart with the flow chart on page 66. What path through the
justice system for youth did the girl experience? What aspects of her
experience would you say are most important in evaluating the fairness
and equity of the justice system for youth?
Think about how you use your chart as evidence for your chapter
task. Check page 348 in the Skills Centre for tips on creating charts
and diagrams.
2. You can reflect on what you learn to better evaluate your own thinking.
To help you throughout the chapter, use the questions below to check
on your thinking.

Hmmm…

YES? NO?
How will I defend How will I consider information
my opinion? that could make me change my mind?

How will I consider the points of How will I revise my position

view of others? based on what I have learned?

How will I question statements What can I do to be a

and seek more evidence?
stronger thinker? I can…

65
Issues for Canadians Chapter 2

What consequences do young people face

when they break the law?
When a young person breaks the law, many agencies and officials in
the justice system help decide what happens. The flow chart on this
page shows the possible consequences.

If two young people of the same age commit

the same crime, would you expect them to
face the same consequences? Under the
YCJA, they may or they may not. To what extent is
this approach to justice equitable?

Consider all the Crime is serious or other

people involved in the circumstances apply.*
flow chart. What does
it tell you about Canadians’
concerns in providing fair and
equitable justice for youth?

Charges
young person.

Young Breaks Police

Person the law. Officer

Doesn’t charge
young person.

Gives young person

* Other circumstances include: a warning.
• Has a previous criminal record. Can include a letter to
• Refuses to provide the name of
a parent or guardian.
young person’s parents.
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 To w h a t e x t e n t i s t h e j u s t i c e s y s t e m f a i r a n d e q u i t a b l e f o r y o u t h ?

Before the YCJA, every young person who broke the law was
charged and went to court. This often meant:
• Young offenders did not face consequences for a long time,
because the courts are busy with many cases and offenders.
• The consequences did not always connect back to the people
and communities the offence affected.

CRITICAL THINKING
C H A L L E N G E If you do something
wrong, how important is it to receive
consequences quickly? Why? How important is it
to make up for wrong actions that affect others?
Gives young person a
sentence that may include:
• Community services.
Court Judge • Counselling.
• Prison.
• A criminal record.
• Restitution, such as
Young person paying for damaged
does not property.
complete
program.
Prosecutor
A lawyer who
uses evidence to
show that someone Programs require young person to complete Young person
has broken measures designed by: completes
the law. • A Youth Justice Committee or a program.
sentencing circle.
• Social workers and other professionals.
Measures can include community
service, addiction counselling, mental health
counselling, helping victims, and other steps.

Social Workers,
Refers young Mental Health
person to Workers
a program for help.
Community
Volunteers

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Issues for Canadians Chapter 2

WHAT FACTORS DETERMINE THE

CONSEQUENCES YOUNG OFFENDERS FACE?
The YCJA allows police, prosecutors, judges, and volunteers and
professionals from the community to decide what happens to
each young offender. They consider factors such as:
• The seriousness of the offence. For example, a violent offence
is more serious than a non-violent offence.
• The history of the young person. Someone who’s been in
trouble before may face more serious consequences than a
first-time offender.
• The attitude of the young person. A young person who takes
responsibility for their actions will face less serious
consequences than someone who does not.
• The circumstances of the young person. For example, a
young person’s actions may relate to substance abuse, or to a
situation they face at home or in their community. They may
need support from a social worker more than consequences
from the justice system.

In your opinion, to
what extent should
the law apply equally
to everyone, no matter what
their circumstances? Why?

Police officers across

Canada, including
the RCMP, work to
educate young
people about the law.
They often act as
coaches and mentors.
Think critically: How
might this work
affect the fairness of
the justice system,
in your opinion?

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Inside the YCJA Do you

agree that
An Interview with Anne McLellan young
Q: Why does the YCJA establish a difference between young people do not
offenders and adult offenders? understand their
actions in the same
Young people, up to a certain age, should not be treated as adults. way as adults? Why
They do not understand their actions in the same way we expect of
or why not?
adults. When you talk to young people, and study their reactions
and responses to situations, they’re different than adults. They are
still in the process of forming their views. Also, a young person
who has committed a crime has a better chance of changing their
life than an adult criminal.
Q: What do you think every young person should know about
the YCJA?
That it’s serious stuff. If you harm somebody or destroy something,
you will face consequences. The Youth Criminal Justice Act sets out
those consequences. We can discuss whether the consequences are
too soft or too harsh, but there are consequences.
Q: Should young people contribute their ideas to youth justice?
I think it’s key. When we created the Youth Criminal Justice Act,
we brought together a large group of young people from across the
country, from different backgrounds. Some had broken the law and
experienced the justice system. Some were leaders in their schools.
We wanted to hear how they saw their responsibilities and how
they thought society should treat young people. They had things Anne McLellan was Canada’s
Minister of Justice in 2003
to say about when schools should deal with situations and when
when the YCJA became law.
courts needed to deal with them. She helped write the act and
Young people can make a real contribution as volunteers in defended it during debates
their schools, taking up the challenge of working with those who in the House of Commons.
have broken rules or codes of conduct. It benefits the people who Think critically: Why might
have broken the rules and it benefits the volunteers, too. It makes it be useful to know what
Anne McLellan has to say
the issue of breaking rules a shared responsibility. That’s how, as a about the YCJA and youth
society, we should be dealing with issues. justice?

Anne McLellan makes some suggestions about how

young people can get involved with youth justice.
In your opinion, how might this make the justice
system work better?

69
Issues for Canadians Chapter 2

What are the objectives of the YCJA?

WHAT THE YCJA SAYS WHAT IT MEANS

The following principles apply in the
Youth Criminal Justice Act:
(a) the youth criminal justice system
is intended to

(i) prevent crime by addressing the For example, a young person may need
circumstances underlying a young counselling for alcohol or drug abuse, or
person’s offending behaviour, help coping with a family situation.

rehabilitate: to (ii) rehabilitate young persons who This means providing young offenders
instill positive commit offences and reintegrate with the skills to make positive choices in
behaviours them into society, and future, and to help them find positive
and attitudes ways to participate in their community —
for example, by joining a sports team or
reintegrate: to
make part of
a community-action group.
again
(iii) ensure that a young person is subject For example, if a young person damages
to meaningful consequences for his someone’s property, they should explain
or her offence in order to promote themselves to the person they wronged,
the long-term protection of society. and repair or replace the property.

(b) the criminal justice system for young Young offenders are not as responsible
persons must be separate from that for their actions as adults and should not
of adults and [recognize]… their face the same consequences as adults.
reduced level of maturity.

How does each

objective of the YCJA
strive to achieve
justice for young people? For
victims? For the community?

Police forces across Canada —

whether they are local, provincial
or federal — are responsible for
upholding the YCJA. These police
officers in Calgary work to stay
informed about the circumstances
of young people. Think critically:
To what extent should individual
circumstances affect justice?

70
 To w h a t e x t e n t i s t h e j u s t i c e s y s t e m f a i r a n d e q u i t a b l e f o r y o u t h ?

HOW HAS THE YCJA AFFECTED THE NUMBER

OF YOUTHS CHARGED WITH CRIMES? YOU
DID
Under the YCJA, fewer young people are charged with breaking the KNOW?
law because the police can give young offenders other consequences. Most young offenders
Based on the graph, how effective is this strategy? get into trouble with
the law only once.
But, the younger a
10 000 Young People Charged with Crimes in Canada person is when they
9000 first break the law, the
8000 more likely they are to
rate per 100 000 population

Total youth
charged with offences break the law again.
7000
— Statistics Canada
Introduction of the
6000 Youth Criminal Justice Act study, 2005.

5000 Youth charged

4000

3000

2000 Youth cleared otherwise

1000

0
1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006

1. Think about the process for dealing with young offenders. Using a rating
scale, to what extent do you think this process is fair and equitable? What
do you think should be added to the process or changed?

Extremely Fair and Equitable Not Fair and Equitable

Support your rating with evidence. You can use your conclusions as a step
towards completing your chapter task.
2. Consider each objective of the YCJA. Who does each objective affect most:
young offenders, victims, or everyone in society? Why? Use a chart like the
one below to organize and reflect on your ideas. Make any changes or
additions that you feel are needed.
Objective Who It Affects Most Reasons Why

71
Issues for Canadians Chapter 2

Are the consequences for young offenders

appropriate?
As these newspaper articles show, Canadians have different opinions
about how the justice system should deal with young offenders.
What is the main idea of each article? What does it say about the
fairness and equity of the justice system?

r m s e ye d fo r youth?
Automati c adult jail te
ry 5, 2007 eat young
es t N ew s Service, Februa u ce a bill to tr minal
Can W s to in tr o d
t plan uth Cri
ive governmen
at ges to the Yo ims
The Conserv harshly. The planned chan accountable to their vict
o re er s
offenders m oung lawbreak
m “to hold y Nicholson
Justice Act ai nity.” ic e Minister Rob
e co m m u oman fo r Ju st our criminal
and th to n, a spokesw to strengthen
ev ie ve B re n a p ro m is e
Gen ted o ct.”
“We were elec inal Justice A ho
commented, including the Youth Crim ouths aged 14 and over w
st em , ic fo r y s.
justice sy tomat sentence
ight make it au tomatic adult
One change m nt offenders to receive au se-by-case basis.
viole a ca o are
are repeat or ow, judges decide this on th s ag ed 16 and 17 wh eir
Vic Toews, a former minister of ac t n fect y o u of th
Under the se d ch ange could af ld al lo w publication
justice with the Conservative p ro p o It w o u
Another t crimes.
serious violen al record. etts.
government, suggested
charged with them a permanent crimin by Janice Tibb
lowering the age when children es an d gi ve Ad ap te d from an article
nam —
could be charged under the
Youth Criminal Justice Act from
12 years old to 10 years old.
The suggestion came from the The first article on this page says harsher
Conservative Party’s policy to sentences would hold young offenders
“crack down on crime.” to account for their actions. To what
extent to you agree with this statement?

colonialism: the process of Justice System

establishing colonies, in Discriminates
October 16, 20 Against Aborig
which a region is claimed and 06
leinal Peop
governed by a country from OTTAWA —
another part of the world A report rele
offenders are ased today sa
ja ys
non-Aborigin iled at earlier ages and for that Aboriginal young
al young offen longer period
routine discr s of time than
imination, an ders. It charges Canada’s
in a culturally d with failing prison system
CRITICAL ap to respond to with
The report co propriate manner. Aboriginal p
eople
THINKING mes from Can
monitors Can
ada’s prisons ada’s Correctional Investig
Canada. on behalf of
CHALLENGE the people an ator, who
Some First N d governmen
How should respect ations view C t of
because they anada’s justic
for identity shape the consider it par e system as u
on them by co t of a foreign njust in princi
lonialism. form of gove p
youth justice system? rnance impose le,
— d
Based on rese
arch into even
ts, views and
perspectives.

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 To w h a t e x t e n t i s t h e j u s t i c e s y s t e m f a i r a n d e q u i t a b l e f o r y o u t h ?

c a n b e s e e n to be done
Justice bruary 6, 2007
, Fe
Western Review f Drayton
Drayton Valley s in co u rt ro oms outside o e covering
happen ent tim
I cannot speak for what But I have sp
n to one. s
I’ve never bee oung offender
Valley because n and the opinion that y b il l.
tow bogus as a $3
court in this t off easy is as ice system does not take
the needs
ly ge
auto m at ic al just n Valley, an
int is that the t in a recent case in Drayto I can only
A big compla B u in,
into account. $25 000 to the victim. Aga tell you
of the victim ay e to
ordered to p but I’m her
offender was appens in Drayton Valley, ority of the court.
h pri
speak to what ds appear to be the first of this. Courtrooms How do
s’ n ee for yan
that victim d to take my word ublic can go and watch th
e
There’ s n o n ee th e p e in th e crimes affect
y are op en so about cr im
th e co u n tr e co n ce rn ed
across you’r elf. the quality
n of justice. If see for yours
administratio encourage you to go and tic le by Graham Long
.
of life and identity
d om an ar
community, I’ — Adapted fr
of victims? To what
extent are these
What makes youth justice fair, in Mr. Long’s opinion?
important factors in
determining
consequences for
young offenders?
Identify violen
t youth offend
In a tragedy
of three coun
that defies un
derstanding,
ers
ts o a 13-year-old
The details o f murder. girl is convict
ed
f the crime w
But there’s o ere deeply dis
n tu
and that’s the e very basic, crucial fact th rbing to hear. SPOT AND
name of the k at
Act, the girl’s iller. Under th the public cannot know RESPOND
name cannot e Youth Crim
The act aims be inal Justice
to protect yo published. TO THE ISSUE
publicity that ung people fr
w om the full gl
community. T ould hurt their chances o ar
hat approach f returning to e of What are the issues in
is a single case is especially ap the
of shoplifting propriate wh
ere the crime
the articles on page 72
But the publi or vandalism
c .
the convicted is not well served when it and 73? What
teen in cases cannot know opportunities and
community h of the name of
as a lot at stak the worst violence. In th
Canada’s law e, including p ose cases, the challenges does the
m ublic safety.
of a convicted akers should review the justice system create for
murderer does act. Protectin
of justice. not serve the g the
community o identity building a society where
r the cause
— An abbrev people with different
iated version
in the Edmon
ton Journal, Ju
of an editoria
l views, perspectives and
ly 11, 2007 identities belong? Refer
to the steps in Spot and
In your opinion, which is more important: the
Respond to the Issue
privacy of young offenders or public safety? Why?
on pages 12 and 13.

73
Issues for Canadians Chapter 2

HOW TO
READ A POLITICAL CARTOON
Political cartoons convey an opinion about a topic. They are a type of persuasive
communication. Most political cartoons use humour for serious purposes: to make
points about public figures, government decisions, or news events.
Here are some steps for reading political cartoons.

What symbols does the cartoon use?

Cartoons use symbols, such as carefully chosen objects and people, to stand for ideas.
In this cartoon, there is a jail for young offenders and a young person. The youth
justice system sometimes puts young people in jail when they break the law — so
maybe the jail stands for the youth justice system. The young person has been in the
jail, so maybe he stands for young offenders.

What situation does the cartoon show?

Cartoons set up situations and exaggerate aspects of events to make points about
issues. The footprints indicate that someone has put the young person in the jail, and
that the young person has easily walked out again. The bars in the jail are too widely
spaced to stop him. What does the young person’s expression communicate about his
attitude?

W h a t ’s t h e m e s s a g e ?
The message of a cartoon is the main idea or point the artist is communicating about
an issue. Try describing the situation in the cartoon in one sentence. For example, you
could say, “The jail hasn’t stopped the young person.” Then say the sentence again,
but this time use words to describe the symbols: “The youth justice system doesn’t stop
young offenders.”

What do you think

of the message of
this cartoon?

With computer-generated or
hand-drawn graphics, create
your own political cartoon on
an issue related to youth
justice. Refer to the Skills Centre on
page 373 for tips on creating political
cartoons. Share your cartoon with a
partner. How do your issues and
presentations compare? Submit your
cartoon to the school or local newsletter.

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 To w h a t e x t e n t i s t h e j u s t i c e s y s t e m f a i r a n d e q u i t a b l e f o r y o u t h ?

1. E-mail or write a letter to the Minister of Justice about your position on the
YCJA. Consider this question: Should the YCJA be changed to be more fair
and equitable for young people? Use a chart like the one below to help you
organize your ideas.
Reasons For THE ISSUE Reasons Against

My Conclusion:
I think...
because...

2. As a challenge, role-play a scenario where a young person has broken the

law and entered the justice system. Think about the consequence that he or
she should receive. Consider these scenarios in your role-play:
• 14-year-olds charged with bullying another student.
• A 17-year-old and a thirteen-year-old charged with assault.
• 15-year-olds charged with vandalism.
3. As a challenge, scan both online and print news sources for articles about
young people charged with crimes. Summarize the information from each
source, and look for similarities and differences. Do any of these articles
change your opinion about youth justice? Why or why not? How could you
use the articles as evidence for your chapter task?

75
Issues for Canadians Chapter 2

Determining Validity and

Authority of Information
In this chapter so far, you have learned about the YCJA, and
considered views and perspectives on issues related to youth justice.

!
What additional information have you found on the Internet,
and from books, newspapers and other sources? How will you
determine what information to use for your chapter task?
You need to sort out sources with authority to speak about the
topic of youth justice. You need to identify information that is valid
and accurate.

I like to be aware of types of

information. I check to see if it’s a primary or
secondary source, and I look at what purpose it serves.
I think about whether it’s accurate, and how I could
confirm what it says. Information supports your views
and ideas, so it’s important to know what
information you can rely on.

HOW DO YOU DETERMINE THE

VALIDITY OF INFORMATION?

Basically, when I assess

if a source of information is valid,
I consider whether it is weak, strong
or biased. I look for how much fact it contains,
and how much emotional language.
I think about how it might change
my position on an issue.

What you know about the views

and perspectives of others affects
who you are towards others — who you are
as a citizen. So, I check the people and
information the source quotes, and
whether the people are speaking about
their own identity. I check to see if
the source includes people
of different identities.

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 To w h a t e x t e n t i s t h e j u s t i c e s y s t e m f a i r a n d e q u i t a b l e f o r y o u t h ?

Tr y t h i s !
To help you gather more research for your chapter task, try these
activities to evaluate views, perspectives and information on the
question: Should the justice system be harder on youths who commit
crimes?
Use the checklist below to help you determine the authority
and validity of the information you find.

Determining Validity and Authority of Information

Interview a family or
community member
for their opinions on Scan local and national
whether the justice newspapers and Conduct a search of
system should be magazines for websites dealing with
harder on youths who information related to the YCJA and youth
Checklist commit crimes. youth justice issues. crime.
Does the speaker have
experience or
qualifications to speak
about the topic?
Does the information
come from a reputable
source?
Does the source/
information state facts,
opinions or bias?
Does the source/
information represent
balanced points of view
and perspectives?
Does the source/
information meet your
research needs?

Think critically: Why are

interviews an effective way to
gather information?

77