TO WHAT EXTENT IS THE JUSTICE SYSTEM FAIR AND EQUITABLE FOR YOUTH?

Chapter 2

What will we be discussing? P. 56 How fair and equitable is Canada’s justice

system? How effectively does it protect society, the

innocent, and ensure that those who break the law face appropriate consequences?

The challenges and opportunities to defining what justice means and the impact it has on identity and quality of life.

The role citizens play in the justice system as jurors, advocates and volunteers.

As you read, think about what parts of the justice system are fair or should be changed.

Just Society… P.57 What is a “just society”? Look at the image on p.

57 and answer: Why do you believe justice is often portrayed as blind?

What would you want justice to way in the balance?

Read Justice McLachin’s statement – do you agree?

HOW DOES CANADA’S JUSTICE SYSTEM AND THE YOUTH CRIMINAL JUSTICE ACT ATTEMPT TO TREAT YOUNG OFFENDERS FAIRLY AND EQUITABLY?

Lesson 1

What are we looking for in this section? The steps involved when a young person

enters the justice system. The type of justice that the system

determines will best meet the needs of the young offender, the victim, and the community.

Advantages and disadvantages of the YCJA Ways in which the justice system is fair and

equitable when dealing with young offenders

End Goal in Mind p. 58-59 As you work through CH. 2, you must

examine different perspectives on Youth Justice and create a series of arguments for and against the following statement:

The justice system should be harder on youths who commit crimes.

Inside the Justice System…p.61-63 Do you agree that the

consequences this young offender faced were fair and just for her and for the person she wronged? Why or why not?

What factor had the biggest impact on this young offender’s change of attitude? Why?

Canada’s Justice System p.64

Canada has different legislation for young people who break the law and for adults who break the law.

12- 17 year olds Adults 18+

YCJA vs Criminal Code of Canada

Activity: In partners, get to know the path and consequences facing adult and young offenders by completing the web diagram handout. Use p.64 and p.70 in text.

Remember: Bubbles connected to both acts mean it should have certain aspects in common. Make extra bubbles if needed

Examine the YCJA As a class, read the History of the YCJA

handout followed by watching CBC NIR Oct.07 – Stephen Truscott trial:

Read through the abbreviated copy of the YCJA in your CH.2 Workbooks and complete reading activity #1 on page 7.

YCJA vs Criminal Code of Canada Why do you think a separate justice

system is needed for young offenders?

How would a criminal record affect your quality of life?

Do you feel it is right and just to allow most young offenders to avoid a criminal record under the YCJA system?

Why the need for the Youth Criminal Justice Act (YCJA)? The Canadian justice system created the

YCJA because it recognizes youth are not as mature as adults, especially in regards to decision making.

By rehabilitating and reintegrating youth, we can prevent more serious crimes later on.

Youth Criminal Justice Act (YCJA) The YCJA replaced the former legislation dealing with

youth crime, known as the Young Offenders Act, in 2003.

Youth (12 - 17) who commit criminal offences are known as young offenders.

The YCJA:Prevents 12-14 year olds from facing adult

sentences, but allows young offenders 14 years of age or older to be tried as an adult in special circumstances

Provides alternative consequences for breaking the law, such as counseling and community service

Protects the privacy of young offendersAllows young offenders to avoid a criminal record

What are the objectives of the YCJA?

Generally, the YCJA focuses on the rehabilititation of young criminals and aims to help young people who get in trouble with the law to understand how their actions affect other people. Main goals:

Prevent crime by addressing factors in the lives of young offenders that may cause them to break the law (create a community approach to youth justice).

Change negative behaviours and attitudes (rehabilitate) and make young offenders feel like contributing members of a community (reintegrate).

Make consequences meaningful for young offenders.Ensure the rights of minors are respected.Match serious offences with serious crimes.

What consequences do young people face when they break the law?

Under the YCJA, the following factors are considered when determining consequences:Seriousness of the offenceThe history of the young offenderThe attitude of the young offenderThe circumstances of the young offender

As a result, two youth who commit the same crime, may face very different consequences.

Examine YCJA flow chart handout

Case Studies – CH. 2 Workbook Working in groups of 3, read each case

study and discuss the following: 1. Identify the victim of the crime 2. The nature or type of crime 3. The severity of the crime 4. Suggest a reasonable consequence for the

crime committed.

* Ensure that you consider and discuss the special circumstances/context of the offender and victim.

Spot and respond Case Studies p.73 For each article on p. 72 and 73 explain: 1. What the main issue or idea of the article is? 2. What does it say about the fairness and

equity of the justice system?

When complete, respond in a paragraph to the following question:

What opportunities and challenges does the justice system create for building a society where all citizens needs are respected?

4 Corner Debate Debate Prepare arguments for and against the

statement:

The justice system should be harder on youths who commit crimes.

YCJA Summary YCJA created to replace Young Offenders Act

and provide alternative to Criminal Code. YCJA based on rehabilitation and re-integration YCJA allows for consideration of special

circumstances when determining consequences YCJA attempts to fix underlying issues that

cause youth crime and attempt to build feelings of respect for the community and society

There are different perspectives on the degree of success of the YCJA and its fairness to youth and the greater community

Youth Justice Perspectives Toronto the not so good Dead Time The problem with youth Medicine Hat Teen Teen Drops Boulder from over pass

(article handout)

CH. 2 Assignment PPT. Present. Create a simple PowerPoint presentation (15 slides or less)

that answers the following question: Should the justice system be harder on youths who commit

crimes? Your presentation must show (1-3 slides per point only!): 1. an understanding of the legislation that affects young

offenders (YCJA) 2. an understanding of how citizens and organizations

participate in Canada’s justice system 3. an understanding of citizen’s legal roles and

responsibilities 4. knowledge of different views and perspectives on justice

for young offenders 5. reflect on changes of perspective or opinion based on

info. gathered and research conducted