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CHAPTER 2:

TO WHAT EXTENT IS THE JUSTICE SYSTEM FAIR

AND EQUITABLE FOR YOUTH?

CHAPTER 2

Key concepts: Justice

Fairness

Equality

Focus Questions:1. How do Canada’s justice system and the Youth Criminal

Justice Act attempt to treat young offenders fairly and equitably?

2. What role do Canadian Citizens and organizations play in the fairness and equity of Canada’s justice system for youth?

FUNDAMENTAL PRINCIPAL OF JUSTICE

The fundamental principal of justice is…

*A person is assumed innocent until proven guilty*

MOCK SCENARIO #1 Jack was caught cheating on a unit exam by his English teacher.

Jack is in Grade 11 and has been skipping this class lately.

He has been seen off of school campus by several of his teachers with

questionable associates.

While he has not been caught with breaking any school rules until now, he

has been suspected before for vandalism and cheating on assignments.

He was suspended, and then expelled, from another school for breaching

their Student Code of Conduct. His classroom teacher also suspected that

Jack was under the influence of alcohol during the exam.

The teacher has escorted Jack to the principal’s office to be dealt with while

the other students are under the supervision of the vice-principal.

DISCUSSION

What do you believe his teachers would suggest

as a suitable punishment for his actions?

What do you believe his classmates would suggest

as a suitable punishment for his actions?

If you were the principal, what would you suggest?

How would you balance the code of conduct with

circumstances of the situation?

MOCK SCENARIO # 2

Anne is a grade twelve high school student in Red Deer.

Yesterday, she was caught by her math classroom teacher stealing an upcoming

exam off her desk.

In an interview with her principal, when asked why she did this, Anne disclosed that

the situation at home has been less than ideal. Her mother and father divorced over

3 years ago. She now lives at home with her mom, and 3 sisters. Her mom is working

2 jobs to make ends meet. However, Anne has taken a job in order to financially

contribute to her household. Anne has been given conditional acceptance into the

University of Calgary and offered an athletic scholarship for her participation on the

Dino’s volleyball team.

Anne is involved in school athletics, namely the volleyball, student council and this

year’s drama production. She is well liked and respected by her classmates and

teachers. Anne always completes her homework and never skips school.

This is her first serious breach of the school code of conduct. Her marks have been

slipping from grade 11 to 12. Anne has stated that she is feeling stretched thin

between home, work, academics and extracurricular activities.

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DISCUSSION

What do you believe his teachers would suggest

as a suitable punishment for his actions?

What do you believe his classmates would suggest

as a suitable punishment for his actions?

If you were the principal, what would you suggest?

How would you balance the code of conduct with

circumstances of the situation?

REFLECTION

If two young people of the same age commit the same

crime, would you expect them to face the same

consequences? (ex. Anne and Jack)

Under the YCJA, they may or may not. To what extent is this

approach to justice equitable?

In your opinion, to what extent should the law apply

equally to everyone, no matter what their

circumstances? Why?

DEFINITIONS

Define pg. 56

1. Fair and Equitable

2. Justice

3. Justice System

HOW ARE YOUTH JUSTICE AND ADULT JUSTICE

DIFFERENT IN CANADA?

Read page 64 – compares YCJA to CCC

Why do you think a separate justice system is needed for

young offenders?

Go over the flow chart on page 66.

READING

Read 68 to 70

*OBJECTIVES OF THE YCJA*

1. Reintegrate:

Ex. Kim was caught stealing soccer balls from her school.

Reintegrate: Have her join the soccer team to help her

find a positive way to participate in the community.

2. Rehabilitate:

Ex. Tom was not allowed on the bus because he

did not have money. Tom became very anger and

started screaming and yelling at everyone on the

bus. He threatened them.

Rehabilitate: Going to counseling or anger

management.

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OBJECTIVES OF THE YJCA CONT

3. Using meaningful consequences:

Ex. Justin made a mess of his community

park. He lit garbage's on fire, broke swings,

and spray painted the slides.

Meaningful Consequence:

- Having to clean/fix the mess at the

park and volunteer his time work this

the playground program at the park.

4. Prevent Crime:

COPY AND ANSWER (PAGE 64- 68)

Youth Criminal

Justice Act

This Law defines the

consequences

young people face

for criminal offences

Criminal Code of

Canada

This Law defines the

consequences

adults face for

criminal offences

1. 1.

2. 2.

3. 3.

4. 4.

5. 5.

1. Use a chart and compare the Youth

Criminal Justice Act (YCJA) to Criminal

Code of Canada, like this one

2. What would happen to youth who

broke the law before the YCJA was set

in place? What were the negative

consequences?

3. List at least 2 out of the 4 factors

that determine the consequences of a

young offender?

Canada’s Justice System

COMPARING YCJA TO CCC

YOUTH CRIMINAL JUSTICE ACT CRIMINAL CODE OF CANADA

- Deals with 12 to 17 year olds that break

the law.

-Prohibits adult sentences (12 to 14 years

old)

-Youth 14 years or older who have CAN

face adult sentences (serious crimes only)

-Protects the privacy of young offenders

- Most young offenders avoid a criminal

record

-Consequences for crimes include

counseling and community service (very

rarely prison time)

- Deals with adults in trouble with the law.

- Use adult sentencing (eg- imprisonment

for life)

Creates a criminal record for offenders.

-No protection from media

-Each crime committed, the individual

goes on to his/her criminal record.

-Most of the time, a hearing in court is

involved to sentence their consequence.

WHAT WOULD HAPPEN TO YOUTH WHO

BROKE THE LAW BEFORE THE YCJA WAS

SET IN PLACE?

WHAT WERE THE NEGATIVE

CONSEQUENCES?

They would be charged and

go to court.

1) Young offenders faced

long time consequences

because courts are busy with

so many important cases.

2) Consequences usually did

not help the people or

communities the crime

affected.

Consequences were not

meaningful.

DEFINTIONS

Define:

1. Community Service

2. Criminal Record

3. Sentence

4. Rehabilitate

5. Reintegrate

*WHAT FACTORS DETERMINE CONSEQUENCES*

(PAGE 68)

1. The seriousness of the offence.

2. The history of the young person.

3. The attitude of the young person.

4. The circumstances of the young person.

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REVIEW……

When a young offender sits down with the

person/people he committed a crime against,

this is called……

Sentencing Circle

What are the four objectives of the Youth

Criminal Justice Act?

Rehabilitate

Reintegrate

Prevent Crime

Use meaningful consequences.

NAME THAT OBJECTIVE.

Meaningful

consequence

Rehabilitate

Reintegrate

1) A 16 year old was caught bringing alcohol to a football

game. For committing this crime one of his

consequences was that he must start seeing a

counselor to help him make positive choices in the

future.

-Rehabilitate

2. A teen is caught vandalizing a hockey rink near his

house. The Judge want the offender find a positive

way to participate in the community and has him

join the community hockey team.

-Reintegrate

The judge also assigns the teen to clean the

graffiti off the walls .

-Meaningful Consequence.

INSIDE THE YCJA

The Youth Criminal Justice Act (YCJA) was

establish in 2003.

Before the YCJA, there was the Young Offenders

Act (1985 – 2003)

Problems with Young Offenders Act

No communication with the victim and offender

Too many teens in jail for less serious crimes

FACT: A person is more likely to become repeat offenders

if they experience incarceration at a young age compared to

using meaningful consequences.

Why do you think that is?

Took a long time for youth to received their consequence

INSIDE THE YCJA

Read:

Interview with Anne McLellan – the creator of

the YCJA, page 69.

REVIEW FROM LAST CLASS…..

What act was in place before the Youth Criminal Justice

Act?

Young Offenders Act

What were some differences/problems with the Young

Offenders Act? All youth got charged and went to court. (long process)

No communication with the victim

Too many young offenders in jail for less serious crimes

Crime prevention, rehabilitate, reintegrate, and

meaningful consequences are all examples of what?

The objectives of the Youth Criminal Justice Act (YCJA)

YOUNG OFFENDERS

Why does the YCJA protect the identify of young offenders?

Why is the media allowed to show the identifies and names of

adult offenders?

In your opinion, which is more important: the privacy of young

offenders or public safety? Why?

Should young offenders who commit serious crimes

be protected under the YCJA?

Are identities truly protected?

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LOOKING AT BOTH SIDES OF AN ISSUE

List three reasons for why someone would support protecting a youths identity if they

committed a serious crime. Do the same for not support.

Support – protecting youth

identity

Do not support protecting

youth identity

DEBATE: SHARING YOUR POSITION

Question: Should the justice system be harder on

youths who commit crimes (Yes/No)? Should

their Identity be protected (Yes/No)?’

My Position: We believe that_________________

The reasons supporting our position are:

WHAT ROLE DO CANADIAN CITIZENS AND

ORGANIZATIONS PLAY IN THE FAIRNESS AND

EQUITY OF CANADA’S JUSTICE SYSTEM FOR

YOUTH?

Read pg. 78-79

DEFINITIONS:

Defence (pg. 79)

Prosecution

Sequester

THE CHOICE

A person 14 years old or older may choose to

be tried by a judge and a jury for serious

offences (assault or murder)

THE ROLE CANADIAN CITIZENS HAVE IN THE

CANADIAN JUSTICE SYSTEM.

Any Canadian citizen 18 years or older is

eligible for jury duty (except if they have a

criminal record)

But what is a jury?

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ON JURY DUTY (PAGE 80-81)

Read pg. 80-81 - The experience of a person

who served as a juror.

Answer the Connect to the Big Ideas page 81

#1 and 2 on a new sheet of paper

JURY

There are always 12 people on a jury

They listen to the prosecution and defence lawyers and

decide if the offender is guilty or not

All 12 must agree on the consequence (verdict) If they do not agree, the juries privately debate the issue until everyone

agrees. If they still cannot agree after a certain amount of time. The judge

declares a “miss trial”

Serving on a jury is considered a duty of Canadian

citizens.

Employers have to give you time off work (with or without pay)

JURY RESPONSIBILITIES

What are the jurors responsibilities?

Be on time

Find their own transportation

Time off of work or classes

Remain open-minded during the case

JURY CONTINUED

Throughout the trail, the jurors are sequestered.

Jury Selection: both prosecution and defence

lawyers interview and screen them.

Why would the lawyers screen the jurors before

choosing them?

Video: Jury selection for Jeremy Steinke

Video: Jury selection for Casey Anthony

REVIEW

When does a youth have a choice to be tried by

a jury? Serious crime as been committed

14 years and older

What is a “miss trial”? When a jury cannot agree on a verdict, a new trial with new jurors is needed.

How many people are on a jury? 12

Why are the jurors sequestered? So they do not get influenced by other factors

Remember, they swear an oath to use only the evidence they heard in court to reach a

verdict.

JURY CONTINUED

Copy and Answer:

Do you believe using a jury to judge and sentence serious

crimes is fair and equitable system?

Please explain by having at least two reasons to support your

opinion.

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POLITICAL CARTOONS (PG. 74)

Political cartoons convey an opinion about a

topic.

They are a type of persuasive communication

Cartoons have to be analyzed to understand

message.

Look at the cartoon on page 74.

What do you think is the cartoon’s message?

WHAT IS THE MESSAGE?

WHAT IS THIS CARTOON’S MESSAGE? WHAT IS THE MESSAGE?

WHAT IS THIS CARTOON’S MESSAGE? JUSTICE ADVOCACY GROUPS (PAGE 82)

Citizen-led organization

Try to help solve the underlying reasons for crime

Provide education about the laws

Help reintegrate youths who committed crimes by helping

them find jobs or a home

Stand up for the rights of youths and adults who are accused of

crimes

They call for measure to improve the fairness of the justice

system for people accused of crimes and those harmed by

crime.

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ELDERS ROLE IN THE JUSTICE SYSTEM

(PAGE 84) What is a sentencing circle? An attempt to rediscover the traditional Aboriginal method of dealing with

members of the community who have broken the law.

The circle is made up of the accused, the victim, the families, elders and

other interested members of the community. A judge and a defence lawyer

or prosecutor and/or policeman also sit in the circle.

After the circle has reached consensus on sentencing the offender, the

judge then steps back into his/her judicial role and may impose the

sentence that the circle has recommended.

Elders can play a role in sentencing circles. These committees exist in

communities where volunteers agree to work with young offenders.

JUSTICE ADVOCACY

Two examples are….

John Howard Society Believe that we need to make our communities safer by discovering

why people are breaking laws, and not just make tougher laws.

Elizabeth Fry Society Believes that the justice system needs to look at each case

individually, and find out why the person committed the crime, and

try to help them. Specifically it looks at the plight of women.

YOUTH JUSTICE

What are youth justice committees?

Youth justice committees are groups of volunteers

working in partnership with Alberta's justice system

to deal with youth in their communities.

Youth Justice Committees: allow citizens to work out differences between young offenders, victims and community members

provide support for young offenders

provide community-based resolutions to youth crime

provide young offenders with an alternative to the formal court process and the possibility of time

in custody

resolve legal conflicts through extrajudicial sanctions, community-service work, and meeting with

victims and community members

provide sentencing advice to the youth court

authorized by section 18 of the Youth Criminal Justice Act

JUSTICE ADVOCACY GROUPS (PG 82-83)

Copy and Answer:

1. What services do justice advocacy groups

provide? (3)

2. Why do you think we need justice advocacy

groups?