FOREWORD

PREFACE

CHAPTER 1: OFFENDING BY YOUNG PEOPLE IN HISTORICAL PERSPECTIVE

Introduction
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
Institutional Responses
Dissatisfaction with Institutions

The Juvenile Court
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

The Need for Context
Challenges of Criminal Law
The Role of Police

The Early Years
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
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
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

The Young Person and the Law
Constitutional Framework
Federal Powers
Provincial Powers
Delegation of Powers
Doctrine of Paramountcy
Incarceration

The Criminal Code of Canada

The Canadian Charter of Rights and Freedoms

The United Nations Convention on the Rights of the Child

The Child, Youth and Family Services Act

The Youth Criminal Justice Act and the 2012 Amendments
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?

Measuring Crime
Official Statistics
Self-report Surveys
Victimization Surveys
Other Procedures

Processing Counts of Crime

Statistics on Youth Offenders
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

Introduction

What Is the Purpose of the Child, Youth and Family Services Act?
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
Warrants and Apprehension
Peace/Police Officer Powers
Crown Wardship

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

CHAPTER 6: ARRESTING AND QUESTIONING YOUNG PERSONS

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

Questioning the Young Person
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
Notification of Appearance Notice or Summons

Persons Under 12 Years of Age
Duties of the Peace Officer
Other Types of Apprehensions

CHAPTER 7: EXTRAJUDICIAL MEASURES

Extrajudicial Measures
Appropriateness of Extrajudicial Measures

Police
Police Discretion
Notes about Extrajudicial Measures

Crown Prosecutors
Types of Extrajudicial Measures
Notes about Extrajudicial Measures

Youth Justice Court
What Happens to the Charge after Completion of the Extrajudicial Sanction?

Looking Ahead

Summary

CHAPTER 8: PRE-TRIAL DETENTION AND PROCESSING

Pre-trial Detention
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
Conditions of Release

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

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

Summary: Putting It Together

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

Jurisdiction: Youth Justice Court
The Main Players

Pre-trial and Trial Matters before the Court
Stages and Phases in Court Proceedings
How Does Youth Court Compare to Adult Court?

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

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

CHAPTER 10: CUSTODY AND SUPERVISION

Custodial Provisions
Levels of Custody
Terms of Custody

Youth Correctional Statistics in Canada
Indigenous Youth
Length of Stay
Relationship Custody
Extraordinary Measures While in Custody
Review of Sentences
Re-integrative Leave
Conditional Supervision
Custodial Alternatives

Conclusion

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

The Objectives of the Criminal Justice System
Restraint
Retribution
Specific Deterrence
General Deterrence
Symbolism
Rehabilitation
Restitution
Summary

Youth Criminal Justice System
Restraint
Retribution
Specific/Individual Deterrence
General Deterrence
Symbolism
Rehabilitation
Restitution
Focus on Reintegration and Restoration

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

CHAPTER 12: INTERACTION: YOUNG PEOPLE AND THE POLICE

Young People and the Police

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

Dealing with Young People

Special Circumstances
Child Endangerment
Children Who Are Out of Control

Young People with Mental Health Issues
Dealing with Gangs

Bullying and Cyberbullying: The Impact of Social Media
How Social Media Is Transforming Youth Crime

APPENDIX: YOUTH CRIMINAL JUSTICE ACT

GLOSSARY

REFERENCES

INDEX