Chapter 2

To What Extent is the Justice System

Fair and Equitable for Youth?
Chapter 2 Exam
Monday, December 14
Terms
Fair and Equitable
Governed by rules that apply to everyone, taking into
account individual needs and circumstances
Justice
Applying laws
Justice System
The institution and procedures for applying laws in a
society
Class Discussion
Why is Justice often portrayed as blind?
Pg 57
Pg 57
Read Beverly Mclauchlin’s remarks
What challenges is she referring to?
Do you agree with her statement “nothing is
more important then justice”? Why or why not?
What's to come- pg 60
What are we hoping to learn this chapter?

What questions do I need to be able to answer?

Read “inside the Justice System” comic
What factors had the biggest impact on this young
offenders change of attitude?
What life lessons can we learn from her story?
How are Youth and Adult Justice Different in
Canada?
Canada has different legislation for youth and adults
who break the law

Youth Criminal Criminal Code of

Justice Act Canada

Young Offenders Adult Offenders

Youth Criminal Justice Act
Deals with 12-17 year olds in trouble with the
law
Allows some young offenders to face
consequences such as counseling and
community service.
Community Service: help in the community
performed as part of a sentence, such as
assisting with a community clean-up or helping
at a food bank.
Prohibits adult sentencing for 12-14 year olds.
Allows adult sentencing for young people 14
and up who have committed serious crimes
Protects the privacy of young offenders
News media cannot publish names unless
they receive and adult sentence
Allows most young offenders to avoid a
criminal record
Criminal Record:
A permanent record of breaking
the law, which is public
information. A criminal record can
bar (stop you from getting) from
some jobs, volunteer positions and
travel to other countries.
Criminal Code of Canada
Deals with adults in trouble with the law
Makes going to court the usual
consequence
Defines adult sentences, which can include
periods of imprisonment for some crimes.
Sentence: a consequence for a crime, such
as imprisonment, determined by a court of
law.
Allows the publication of the offenders
name
Creates a criminal record: A permanent
record of breaking the law, which is public
information. A criminal record can bar
(stop you from getting) from some jobs,
volunteer positions and travel to other
countries.
Time to think…..
How might a criminal record
affect your quality of life?
Bonus Mark: Multi-Media Presentation
Page 61
Read together… Inside the Justice System
Flow Chart- Pg 66
What are the consequences if you break the law as a
young offender?
Before the YCJA, every young person who broke the
law charged and went to court. This meant that often:
Young offenders did not face consequences for a long
time as courts are very busy…
The consequences did not always connect back to the
communities affected…
Factors that Determine Consequences for Young
Offenders
The YCJA allows police, prosecutors,
judges, volunteers, and professionals
from the community to decide what
happens to each young offender.

They consider factors such as:

 Seriousness of the offence…
For example, a violent offence is more serious than a
non-violent offence.
History of the Young Person
Attitude of the Young Person
Circumstances of the Young Person
In your opinion, to what extent
should the law apply equally to
everyone, no matter what their
circumstances? Why?
Inside the YCJA
Let’s read together the interview with Anne McLellan,
Canada’s Minister of Justice in 2003, when the YCJA
became law. Page 69 (Jody Wilson-Raybould-New)
Do you agree?
Young people do not understand their actions in the
same way as adults? Why or why not?

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?
Objectives of the YCJA
1. Prevent crime by addressing the
circumstances underlying young persons
offending behavior
Ex. ????? What does this mean????
2. Rehabilitate (instill positive
behaviours and attitudes) young offenders
and reintegrate (to make part of
again) them into society
Ex. ????? What does this mean????
3. Ensure that the young person is subject to

meaningful consequences for

the offence in order to promote long term protection
of society
Ex. ????? What does this mean?????
4. The YCJA must recognize that young people are

separate from adults and

have reduced levels of
maturity
Ex. ???? What does this mean???????
Is it Working?
Should the YCJA care more about the
criminal or the victim?
Vocab:
Colonialism: the process of establishing
colonies, in which a region is claimed and governed by
a country from another part of the world.

Ethnocentrism: judging others based on the

values, beliefs and world view of your own culture.
Pages 72 & 73
Automatic adult jail terms eyed for youth.
Justice System Discriminates Against Aboriginal
Peoples
Justice can be seen to be done
Identify violent youth offenders.
For each article, answer the following questions:
What is the main idea of the article?
What does it say about the fairness and equity of
the justice system?
Political Cartoons
Political cartoons convey an
opinion about a topic.
They are a type of persuasive
communication
Cartoons have to be analyzed to
understand their message.
Let’s analyze this cartoon together:
Let’s analyze this cartoon together:
Let’s analyze this cartoon together:
Symbols? Situation? Message?
 What Role do Citizens and
Organizations Play in the fairness
and equity of Canada's Justice
System for Youth?
Responsibilities of a Juror/What is a jury?
Under the YCJA, a person und 14 yrs or older may
choose to tried by a judge and jury for certain serious
crimes

For these offences, juries must have 12 people and all 12

must agree on a verdict

Anyone 18 yrs of age and older who is a Canadian

citizen is eligible for jury duty with some exceptions
 What might these exceptions be?
Jury duty is considered a duty 0f Canadian citizens

If you are summoned, you must make any and all
arrangement to be at the courthouse on time
Employers must give you time off, but don’t have to pay
you; find your own transportation; time off classes;
rebook appointments
You can be excused if you can prove it will cause you
undue hardship
Its important to remember that a jury does not have to
come to a verdict that the judge or members of the
public must agree with
They must remain impartial, regardless of the issue
Jury selection is a very important part of the justice
process. Both sides of a case must agree on who will part
of the jury.
 Ex. Member of KKK as a member of the OJ Simpson trial
Juror Terms
Defence: Includes the evidence that supports the
innocence of a person accused of a crime. In a
courtroom, the lawyer who represents an accused
person presents the defence. The defence can include
witnesses, and physical evidence such as DNA samples
and objects.
Juror Terms
Prosecution: Includes the evidence that supports the
guilt of an accused person.

Sequester: To remove from contact. Juries are

sequestered to ensure they consider only the evidence
presented in the courtroom.
On Jury Duty
Read pages 80 & 82
What does this saying mean?
“Ignorance of the law is no
excuse.”
Citizens have a duty to know the
law. If you do something illegal,
but do not know it’s illegal, you can
still be charged and convicted of an
offence.
Justice Advocacy Groups
Canada has two major citizen-led organizations
involved in the justice system:
John Howard Society
Elizabeth Fry Society
Justice Advocacy Groups
These organizations work independently from the
government. They try to solve the underlying reasons
for crime
They Provide public education about the YCJA and
the Criminal Code of Canada
They help people who have broken the law return to
their communities- find jobs & homes; arrange
meetings between victims & offenders
They stand up for the rights of youths and adults
accused of crimes; eg- improve fairness
John Howard Society
Works with men, women,
boys, and girls in trouble with
the law.
Elizabeth Fry Society
Focuses on justice issues for women and girls
To what extent do both societies agree on what goals
the justice system should have?
The Role of Elders
Under the YCJA, young people can face consequences
from Youth Justice Committees. These committees
exist in communities where volunteers agree to work
with young offenders.
Youth Justice Committees reflect the idea of
sentencing circles. The committees act on the idea
that breaking a law harms everyone in a community,
and that the community must become involved in the
solutions.
Sentencing circles comes from the tradition of
Aboriginal peoples, whose system of justice can
include consequences such as banishment.

Sometimes the fate of a youth can be decided by a

committee of elders- people in the community who are
older and respected. An elder is someone that the
youth in that community should look up to and strive
to be like.
Chapter 2 Assignment
YCJA Multimedia Presentation, page 86
Answer the question: Should the justice system be
harder on youth who commit crimes?
Completed over the Christmas break.
Counted as a Chapter Exam!