Contents

FOREWORD xi

PREFACE xiii

|| CHAPTER 1: OFFENDING BY YOUNG PEOPLE IN HISTORICAL PERSPECTIVE 1

Introduction 1

Adults and the Law
Youth and the Law
Treatment of Youth in the Criminal Justice System
Youth Crime as a Social Problem

Responses to Youth Crime 8

Institutional Responses
Dissatisfaction with Institutions

The Juvenile Court 12

Changing Perceptions of Youth Establishment of Youth-Focused Courts The Use of Probation

|| CHAPTER 2: LEGISLATION DEALING WITH YOUNG CANADIANS IN CONFLICT WITH THE LAW: A BRIEF HISTORY 21

The Need for Context 21

Challenges of Criminal Law
The Role of Police

The Early Years 22

Legislative History
The Introduction of the Criminal Code of Canada
Responses to Youth Imprisonment
Legislative Responses
Ontario Children’s Protection Act

The Juvenile Delinquents Act 25

Canadian Division of Powers Expansion of Criminal Offences Reliance on Provincial Co-operation Creation of Juvenile Probation Criticism of Juvenile Delinquents Act

The Young Offenders Act 29

End of Status Offences
Key Provisions of the Young Offenders Act
Criticisms of the Young Offenders Act

|| CHAPTER 3: CURRENT LEGISLATION RELATING TO YOUNG PEOPLE
4 4

The Young Person and the Law 44

Constitutional Framework
Federal Powers Provincial Powers Delegation of Powers Doctrine of Paramountcy Incarceration

The Criminal Code of Canada 47

The Canadian Charter of Rights and Freedoms 48

The United Nations Convention on the Rights of the Child 49

The Child, Youth and Family Services Act 49

The Youth Criminal Justice Act and the 2012 Amendments 50

The 2012 Amendments: Safe Streets and Communities Act
Overview of the YCJA and Its Key Provisions
Provincial Legislation

|| CHAPTER 4: YOUTH CRIME: HOW BIG A PROBLEM? 65

Measuring Crime 65

Official Statistics Self-report Surveys Victimization Surveys Other Procedures

Processing Counts of Crime 74

Statistics on Youth Offenders 76

Demographics
What Kinds of Crimes Do Young Offenders Commit? Gender and Crime
What Impact Did the YCJA Have on Crime Rates?

|| CHAPTER 5: PROTECTING YOUNG PEOPLE: CHILD, YOUTH AND FAMILY SERVICES ACT 94

Introduction 94

What Is the Purpose of the Child, Youth and Family Services Act? 95

Definitions: To Whom Does This Act Apply? First Nations, Inuit, and Métis Children Functions of Children’s Aid Societies

Apprehensions: Role and Responsibilities of the CAS 107

Warrants and Apprehension Peace/Police Officer Powers Crown Wardship

Youth Justice 117

Detention Programs or Facilities
Rights of Children and Young Persons in Care

|| CHAPTER 6: ARRESTING AND QUESTIONING YOUNG PERSONS 136

Arresting Young Persons 136

Points to Consider
Who Is a “Young Person”? Basic Rights of the Accused Arrest

Questioning the Young Person 140

Requirement for Proper Procedures
How to Inform Young Persons of Their Rights
Explanations Appropriate to the Young Person’s Age and Understanding
Caution Examples

Notification to Parents 147

Notification of Appearance Notice or Summons

Persons Under 12 Years of Age 149

Duties of the Peace Officer
Other Types of Apprehensions

|| CHAPTER 7: EXTRAJUDICIAL MEASURES 159

Extrajudicial Measures 159

Appropriateness of Extrajudicial Measures

Police 161

Police Discretion
Notes about Extrajudicial Measures

Crown Prosecutors 165

Types of Extrajudicial Measures
Notes about Extrajudicial Measures

Youth Justice Court 167

What Happens to the Charge after Completion of the Extrajudicial Sanction?

Looking Ahead 168

Summary 169

|| CHAPTER 8: PRE-TRIAL DETENTION AND PROCESSING 175

Pre-trial Detention 175

Grounds for Pre-trial Detention
Local Policies and Procedures
How the CCC Applies to the Arrest and Detention of Young Persons

Appearance before a Judge: The Show-Cause Hearing 181

Conditions of Release

Temporary Restraint, Temporary Detention, Secondary Cautions, and Bail 183

Temporary Restraint
Temporary Detention
Secondary Caution to Charged Person
Bail Hearings and Release on Bail

Records 188

Fingerprinting and Photographing
Police Records Government Records Other Records
Period of Access Protection of Privacy Accessibility of Records

Summary: Putting It Together 195

|| CHAPTER 9: THE YOUTH JUSTICE COURT: THE TRIAL AND SENTENCING 213

Jurisdiction: Youth Justice Court 213

The Main Players

Pre-trial and Trial Matters before the Court 219

Stages and Phases in Court Proceedings
How Does Youth Court Compare to Adult Court?

Sentencing 225

Purpose and Principles of Sentencing
Information Gathering: Determining What Is Best for the Youth

Youth Sentencing Options 230

In-court Sanctions Community-based Sanctions Statistics on Sentencing Custody and Supervision

|| CHAPTER10: CUSTODY AND SUPERVISION 258

Custodial Provisions 258

Levels of Custody
Terms of Custody

Youth Correctional Statistics in Canada 261

Indigenous Youth Length of Stay Relationship Custody
Extraordinary Measures While in Custody
Review of Sentences

Re-integrative Leave Conditional Supervision Custodial Alternatives

Conclusion 273

|| CHAPTER 11: THE CRIMINAL JUSTICE SYSTEM: ITS OBJECTIVES AND THE PLACE OF RESTORATIVE JUSTICE 280

The Objectives of the Criminal Justice System 280

Restraint
Retribution
Specific Deterrence General Deterrence Symbolism Rehabilitation
Restitution
Summary

Youth Criminal Justice System 285

Restraint
Retribution
Specific/Individual Deterrence
General Deterrence Symbolism Rehabilitation
Restitution
Focus on Reintegration and Restoration

Restorative Justice in Canada 287

Restorative Justice: An Indigenous Tradition
Restorative Justice and Youth in Conflict with the Law

|| CHAPTER12: INTERACTION: YOUNG PEOPLE AND THE POLICE 301

Young People and the Police 301

Attitudes Toward the Police 302

Age
Social Class
Race and Ethnicity Misunderstanding Adversarial Contact Enhancing the Image

Dealing with Young People 313

Special Circumstances 314

Child Endangerment
Children Who Are Out of Control

Young People with Mental Health Issues 318

Dealing with Gangs

Bullying and Cyberbullying: The Impact of Social Media 327

How Social Media Is Transforming Youth Crime

APPENDIX: YOUTH CRIMINAL JUSTICE ACT 342

GLOSSARY 392

REFERENCES 405

INDEX 412