v  If the offender has a criminal record or not 

 

v  The offenders living conditions and daily routine 

 

v  The behaviour of the offender 

 

v  What kind of strain does this leave the victim in

 

v  The seriousness of the offence that was committed 

 

v  What situation or circumstances were applicable to the offence when it was committed. (What situation was the offender in to make him/her commit this offence) 

-          Before the judge convicts the offender, the judge must be educated on the circumstances which led to the offender committing the offence. By listening to witness testimony.  

-          The judge must review all facts and evidence presented by the Crown attorney if offender chooses to plead guilty 

-          This report must consist of age, education, family support, recent employment, health issues and the history of the extrajudicial measures or by extrajudicial limitations. Also, if the offender had previous convictions in the past, the previous offences must be taken into consideration. 

-          Crown Attorney's office (Probation and Boys and Girls Club) will do various interviews with the offender to gain a person to person perspective between the interviewer and the offender 

 

-          Interviews don’t just consist of interviewing the offender. The Boys and Girls Club will also interview individuals that are close to the offender during there probation. (E.g parents. Siblings, teachers and friends or relatives.) 

 

-          They will also interview the victim, to grasp the full perspective of the incident that happened to the victim 

 

-          They will take in as much recommendations as possible by their recourses, whether it being a community resource or rehabilitation approach. 

 

-          Finally, the offender must be completely willing to make amends to create a positive change within their lives and benefit from the situation they have committed  

 

-          When a youth is found guilty the court could be convened for a conference under S.19 which allows police officers, justice of the peace, prosecutors, etc , provide advice on what sentence may be suitable.

 

-          Victim impact statement: Is a written document made by the victim or a family member if the victim is diseased, ill or incapable. The judge considers this statement when coming to a decision for the case.

 

What does the YCJA say about victims of youth crime? (considerations) 
A victim should:

Does the youth have to speak to the victim(s) of his or her crime?
If the youth agrees to participate in a community justice conference, the victim and others who have suffered from him/her will be there too.

If the youth has been found guilty of the offence, he/she may hear a victim impact statement at the time of the sentencing.

Who tells the victim about what is being done to the youth?
Any of the following:

 

A conference means to organize a gathering of the group of people to assist that youth.

 

Conferences are informal and can be 

Who may call a conference?
 *Slide 30*

 

What is the purpose of a conference?

Who is the advice given to?

 

·      Police Officer

·      Judge

·      Justice of the Peace

·      Prosecutor

·      Provincial director in charge of social services

·      Youth worker

 

Ex.) Advice may be given to: 

-       A police officer who is deciding whether to use an extrajudicial measure

-       Judge who is deciding on a sentence

Who establishes the rules for a conference?

-       Police

-       Director in charge of social services

-       Prosecutors

-       Youth workers

You first have to know if the youth knows his/her rights.

You must also speak in a language they will understand and not what an adult would understand.    

It is all on the youth to decide if he/she wants to follow through and give up his/her rights, but yes, it’s an option.
When can a youth call a lawyer?

Police have the right to stop a youth. However, the stop must happen based on facts, not randomly for no reason.

 What is the charter of rights and freedoms?

Legislation that lays out everyone’s rights and freedoms under the law, which includes our legal rights.
Can the government recover costs from the young person or their parents?
The YCJA does not prevent a province from establishing a program to recover costs, although the government doesn't usually do that.

When can a youth be photographed and fingerprinted?
If a youth has been charged with an indictable offence.

Can a youth waive (give up) his or her rights?
Yes, under the YCJA.

The forms are slightly different, the release methods are also the same with the exception of additional requirements for the YP to have the ability to have parents present during the process.

 What is the transfer process?

The transfer process hearing was eliminated.

Youth court may impose adult sentences after finding of guilt in youth court if test for adult sentences is met. 

· Murder 

· Attempted murder 

· Manslaughter 

· Aggravated sexual assault

The presumptive age is 14 and older.

Within the YCJA the publication of a youth’s identity is not generally allowed. The YCJA is focused on rehabilitating youths back into the community and it is believed that the publication of their identity would hinder these efforts and make rehabilitation more difficult. 

 

 

Although publication of a youth’s identity is not generally allowed there are a few specific exceptions:

 

1.      If a youth has been found guilty of their crime and given an adult sentence

2.      If the youth poses a danger to others and is currently at large, in this case, the youth’s name can only be published under a court order for a specific period of time. Publication after the expired time must have a new court order

3.      If the youth is now over the age of 18 and not serving a custodial sentence they have the option to publish their name or give permission to have their name published

 

 Court Proceedings

During court proceedings, it is not considered publication to use the youth’s real name. It is deemed publication when the youth’s name appears on TV, in the newspaper, or on the internet.

 

All written documents refer to the youth by their first and last initial in place of their full name.

A youth record is a record of all youth convictions and extrajudicial measures. 

Who can keep records of the youth’s criminal history? 

Youth Justice court, a review board or any level of court, the government, Police; including the RCMP, as well as a person or organization for managing youth justice. 

What are the consequences of having a youth record? 

Having a youth record may restrict choices regarding travelling, recreation, sport, employment and college or university study. Youth records may last up to 5 years, depending on the severity of the crime, and can be raised if the youth offends again as well as “closed” cases can be opened.  

Who has access to information about youth records? 

If a person has a youth record, the following people can or may have access to information about the youth record, depending on who is making the request and for what purpose: 

Police Officers, the Crown prosecutor, youth workers, the Judge, the victim, the youth, the youth’s parent(s) or guardian(s), the youth’s lawyer, the Attorney General of the province, the director of a correctional facility, the youth’s school supervisor 

How long does a record created from extrajudicial measures last? 

The record will be closed after two years if the youth does not commit another offence during that period. If the youth does commit another offence within the two years, the record will stay open and the time will start running again from the date of the end of the new measure, sanction or sentence. 

If no further offences are committed following a criminal sentence, when is the youth record destroyed? 

If there are no further offences, then the record will be destroyed at the end of the "access period." Generally, the access period lasts 3-5 years after the youth completes the sentence. 

Can a youth record turn into an adult record? 

Depending on how long the access period is, and whether the youth commits further offences before the access period ends, the youth record may turn into an adult criminal record.  

What happens when a youth record is destroyed or sealed? 

Once the record is closed, it is either destroyed or sent to the National Archives of Canada or the Provincial Archives to be stored. Records that are stored can be used for certain purposes like research and statistics, but cannot identify the youth. 

-Custody can’t be used as a substitute for appropriate child protection, mental health or other social measures

-A pre-sentence report should be considered
A youth cannot be committed to custody unless:
-Youth committed a violent crime

-Youth failed to comply with non-custodial sentences

-Youth committed an indictable offence and has a history of it creating a pattern