YOUTH COURT
NARRATOR If a young person's case is not resolved
through extrajudicial measures then it will
be dealt with in youth court.
When a young person is charged with an offence,
they may remain in the community, often with
strict conditions, or, if the court deems
it necessary, be kept in custody until the
trial takes place.
Being held in custody while awaiting trial
is known as pre-trial detention.
PROFESSOR NICHOLAS BALA The Youth Criminal
Justice Act has provisions to try to make
sure that young people are only placed in
detention either for the immediate protection
of the public or to ensure that they will
attend court.
The youth court judge faces a very difficult
decision knowing that this could have a very
dramatic impact on the life of the young person.
And typically detention is sought if it is
either a very serious offence, perhaps involving
significant violence in the community, or
if the young person has a fairly lengthy record
of prior offending, or has a record of having
been released on bail on certain conditions
and having failed to comply with those conditions.
SENTENCING
NARRATOR If a youth pleads guilty or is found
guilty of a criminal offence, the youth court
judge must determine the appropriate sentence.
The purpose of youth sentences is to hold
the young person accountable by imposing sanctions
that have meaningful consequences and that
promote rehabilitation and reintegration.
The YCJA provides youth court judges with
many different sentencing options to deal
with the full range of youth crime.
These include both community-based sentences
and custody sentences.
The maximum length of youth sentences ranges
from two to ten years depending on the offence.
PROFESSOR SUSAN REID Even when young people
are found guilty, or convicted of an offence,
the courts still have options to have creative
sentences.
So all the opportunities that are presented
in terms of referring young people to agencies,
having them go to an attendance centre, have
them attend drug and alcohol counselling,
doing community service work, have them have
an opportunity to meet with a probation officer
are all outside of a more formal process.
So these measures are excellent in that they
draw on the strengths and talents of young
people, they involve our community members
to be supportive adults to help in the raising
and development of young people in our communities.
CROWN PROSECUTOR KEVIN MOTT The YCJA, in my
opinion, gives the justice system the opportunity
to try and nip criminal offenses in the bud
if we can.
And allow for some more creative sentencing,
allow for more resources to be employed, so
that this may be the only time this person
appears in the criminal justice system as
an accused person.
PROFESSOR NICHOLAS BALA The range of sanctions,
at the low end we start with something called
a reprimand.
Simply the judge talking to the young person
and warning them of the future consequence
if they re-offend.
Trying to perhaps assess what has happened.
We have a range of situations where there
may be a discharge imposed, the young person
is released without further sanctions or record.
In more serious cases and perhaps the most
common sentence that is imposed under the
Act is probation.
So the young person's released into the community
but has to meet certain conditions in terms
of their behaviour, often in terms of reporting
to a probation officer, perhaps having a curfew,
restrictions placed on who they can associate
with.
In more serious cases we have custody.
There is open custody which may have a young
person living away from their family but in
a group home, there are also provisions for
more secure custody which is really effectively
jail for young persons in secure facilities.
NARRATOR Under the YCJA, custody sentences
are intended primarily for violent offenders
and serious repeat offenders.
In some very serious cases, the YCJA also
allows judges to impose an intensive rehabilitative
custody and supervision order if a youth has
been found guilty of a serious violent offence
and is suffering from a mental, psychological
or emotional disorder.
In these cases an individualized treatment
plan is developed for the young person.
DEFENCE LAWYER PATRICIA YUZWENKO It involves
very intensive treatment, where they have
a whole team of psychiatrists, psychologists
and medical doctors and nurses, all kinds
of therapists working with that young person
trying to get what is going on underneath
the violence, and work on getting them back
into the community.
It's expensive but it works and it's just
an amazing thing with the clients that have
been there so far.
NARRATOR While, in most cases judges impose
one of the youth sentencing options within
the YCJA, the Act does allow judges to impose
an adult sentence on a youth who is found
guilty of a serious offence and was 14 years
of age or older when the crime was committed.
In fact, prosecutors are obligated to consider
seeking an adult sentence when a youth is
found guilty of murder, attempted murder,
manslaughter or aggravated sexual assault.
However, the Act does allow provinces to set
the age at which this obligation applies to
15 or 16.
NARRATOR When a judge decides to impose an
adult sentence, the Criminal Code penalties
that apply to adult offenders are applied
to the youth.
This can include mandatory minimum penalties
and sentences of up to life imprisonment.
However, under the YCJA, no portion of either
an adult or a youth sentence can be served
in an adult prison while the youth is still
under the age of 18.
