To what extent is the justice system fair and equitable for youth?

Important Terms to Knowjustice

Applying lawsjustice system

The institutions and procedures for applying laws in a society

fair & equitableGoverned by rules that apply to

everyone, taking into account individual needs and circumstances

Fundamental Principle

A person is assumed innocent until proven guilty

In what way would you want justice to be “blind”?

What would you want justice to weigh in the balance?

Vancouver RiotsWho should face

consequences?

What consequences would be just?

In 2011, after the Canucks lost the Stanley Cup Final, the city erupted in riots. Police arrested anyone involved in the rioting.

Youth Criminal Justice ActThe YCJA was passed by parliament in

2003, but similar laws have been in place since the 1890’s.

Defines the consequences young people aged 12-17 face for criminal offences

Some examples of consequences include counseling and community serviceCommunity service refers to help in the

community performed as part of a sentence

Youth Criminal Justice ActThe YCJA prohibits

adult sentences for youth ages 12-14A sentence refers to a

consequence for a crime determined by a court of law (ex. imprisonment)

Allows adult sentences for serious crimes committed by youth 14 years of age or older

Youth Criminal Justice ActThe YCJA protects

the privacy of offenders, their name is not published unless they receive an adult sentence

Most avoid a criminal record, a permanent record of breaking the law which is made public

Criminal Code of CanadaDefines consequences for adult law

breakersGoing to court is a usual consequenceDefines adult sentences which can

include long term imprisonmentAllows media to publish namesCreates a Criminal Record for most

offenders

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 may not. To what extent is this approach to justice equitable?

ConsequencesBefore the YCJA, every young

offender went to court, which meant:Offenders didn’t face

consequences for a long timeConsequences often didn’t connect

back to the people and communities the offence affected

Determining FactorsFactors that

determine consequences:Seriousness of

offenceHistoryAttitude Circumstances

Do you think that young people do not understand their actions in the same way as adults? Why or why not?

Principles of the YCJAPrevent crime by addressing the

circumstances underlying a young person’s offending behavior

Rehabilitate young persons who commit offences and reintegrate them into societyRehabilitate – to instill positive attitudes

and behaviorsReintegrate – to make part of again

Principles of the YCJAEnsure meaningful consequences to

promote long term protection of society

Must be separate from the adult justice system due to reduced maturity

Police forces – local, provincial and federal – are responsible for upholding the YCJA.

To what extent should individual circumstances affect justice?

Page 72 & 73For each article, think about:

The main idea of eachWhat does the article say about the

fairness and equity of the justice system?

Work in partners to complete the questions for each article.

Political Cartoon – Pg. 74What symbols does

the cartoon use?

What situation does the cartoon show?

What’s the message?

What responsibilities do jurors have?What is a jury?12 jurors must have unanimous

verdict (decision)Anyone 18 years or older who is a

Canadian citizen can be a jurorConsidered a dutyMust make arrangements if summonedEmployers don’t have to pay you

What responsibilities do jurors have?Citizens only exempt if they can

demonstrate that being a juror creates undue hardship

To what extent are the rules for jury duty fair and equitable?

What factors need to be considered?

Terms Jurors Need to KnowDefense

Evidence of innocence, lawyer who represents accused, witnesses

ProsecutionEvidence that supports guilt

SequesterRemove from contact to ensure only

evidence presented in the courtroom is considered

What are advocacy groups?Advocacy groups act independent

from the governmentThey try to solve underlying reasons

for crimeProvide public education about laws

and the justice systemWork with youth and adults who

have broken the law to help them return to their communities

What are advocacy groups?Stand up for accused rightsCall for measure to improve fairnessThe Elizabeth Fry Society

Women and girlsThe John Howard Society

Men, women, boys and girls

What role do elders play in the justice system?

Youth Justice Committees reflect the idea of sentencing circlesCome from Aboriginal culture, idea

that crime harms everyone in a community and the community must be involved in solution

Elders play part as respected members of the community