Sociology 2267A/B Chapter Notes - Chapter 9: Young Offenders Act, Violent Cases, Estonian Kroon
Chapter 9- Going to Court:
Introduction:
• Info youth justice readily avail discussion and analysis since inception YOA- not all info
comparable over time b/c dely intro 16-17 y/o to system, not all provs initially
participated in sending court stats to Ottawa and intro YCJA and imp procedural and
substantive changes over time
• Able ident trends application YOA principles, debate cont YOA reforms and eventual
replacement w YCJA
The court:
A profile:
• Court case decline attributable YCJA b/c police charges also decreased dramatically
during period and caseloads directly impacted by changing police practices- not all
attributable changing leg b/c declines began long before new leg
• Most caseload growth through YOA years came from increases in admin and YOA off
cases; failure appear cases increased 10% and YOA cases increased 33%
• After mid-1990s, overall caseload began steadily decrease, admin cases fluctuated and
cont increase until 1999-2000
• Through YCJA years, admin cases dropped overall by 26%- admin offences still 3rd
largest category off going to court, including YCJA off, accounted almost 1/5th court
caseload 2011-2012, increased prop 2006-2007
• Large part long-range court caseload decrease attributable steady decline cases coming
before court for property crimes= attributable more use extrajudicial measures minor
property offences (also apparent violent off)
• 2011-2012 most common youth court cases involved property off- most common theft
• Boys make up greatest proportion youth going to court, but numbers declining comp w
girls and older youth more common youth court than those 12-15 and charges more
serious as court pop gets older (only true boys)
• Girls always charged and sent court younger ages than boys- increase girls going to court
largely accounted for by admin (failure to comply) and violence off charges
• 2011-2012- fraud, disturbing the peace and failure to appear most common girls’ cases in
court
• In any one year, repeat off make up about 1/3 court cases- 35% conv cases 1999-2000
repeat off, 10% persistent off- youth w 3/more prior convictions
• Repeat off more involved property crime than violent off- more boys in court repeat off
than girls, 11% persistent off boys and 5% girls
• Close to 2/3 conv young adults b/w 18-25 had at least one previous youth court
conviction and almost 4 in 10 had multiple youth court convictions- not mean repeat off
nec go on to adult court, only large prop adult off have youth court records
• Boys age onset crim activity increases steadily and peaks 16-18 and girls peaks 15 and
then drops substantially
find more resources at oneclass.com
find more resources at oneclass.com
Pretrial detention:
• Interim release- provisions that allow an arrested person to be released into the comm,
under specific conds, while waiting for court appearance; commonly ref to as bail
• YCJA requires young people held in detention prior trial be detained separately from
adults, unless no youth facility avail/ unsafe do so- doesn’t apply youth 18-20= allows
held adult prov facilities
• Judicial interim release provisions Crim Code require young person be brought before
youth court judge/ justice of peace within 72 hours of arrest
• Crim code provides 2 reasons pretrial detention:
o Primary grounds- court convinced custody nec ensure youth will appear in court
o Secondary grounds- court believes custody nec public protection
• Also allows tertiary grounds for detention- sits judge may consider detention nec in order
maintain confidence in admin justice (should rarely be used)
• Imp pretrial charge YCJA specifically prohibits placing young off in pretrial detention as
substitute for approp child protection, mental health/ other social measures
• YCJA also carried presumption detention not nec under certain conds- required court
presume pretrial det not nec if, on conviction, young person wouldn’t be sent to custody
b/c YCJA restrictions on committal to custody (youth justice court judge/ justice may
order young person detained in custody)
• YOA intro resp person as option detention for court and YCJA kept and turned into
obligation of court- can release young off if sat resp person willing assume resp and
control of youth
• Resp person, could be parent, some other adult relative/ fam friend, makes application for
release and examined by court det if suitable alt to custody for young person- youth may
also be released if resp person agrees forfeit money/ some security if violates conds
release- YCJA also allows accused youth refuse this type release
• Under YOA, method release highly underutilized- main reason offered by judges= youth
already out of control of parent and/or child protection agencies (didn’t consider resp
person)
• Youth doesn’t follow direction person custody been released (/YCJA off)/ fails comply w
conds release- Crim Code off breach of (bail) conds- may be charged and returned court
face additional charges (vast majority released had imposed conds)
• Nunn commission recommended amend and simplify statutory provisions rel pre-trial
detention young persons so section 29 stand on own w/o interaction other statutes/
provisions YCJA
Profile:
• Number young persons held in pretrial detention increased sub under YOA- YCJA not
reduced high use pretrial detention- more than half youth in custody on any given day
being held in remand
• YCJA does appear have impact on admissions to remand in terms of seriousness off-
fewer youth w minor off charges and breach probation charges being detained
find more resources at oneclass.com
find more resources at oneclass.com
• 2010-2011- 62% admissions non-violent off and most common type offences leading
remand admission were admin- 40% involved off other than property/ violent
• Use remand consistently high Manitoba (5x overall rate), Yukon and NWT and lowest
for Newfoundland and Labrador as well BC- much increase due to increases high provs
and decline past 5 years all provs except MN
• Majority youth admitted pretrial detention 16 and 17, but among 14 and 15 y/o, more
girls detained than boys- girls also detained more often minor off and aborig youth far
more likely held in detention than non-aborig youth (aborig youth accounted 6% youth
pop and 27% admissions to det) and aborig girls more likely be detained than boys
• Between 2004-2009 proportion aborig youth held in remand steadily increased- aborig
youth also detained longer than non-aborig youth
• Use remand not decreased w YCJA and may even be increasing, length stays in remand
decreased- 2002-2003, avg length stay youth in remand 21 days, w 1/2 being released in
less than one week
• Pretrial facilities vary considerably across country- some det group homes and detention
facilities offer school, recreational and counselling progs (some don’t offer progs in det
facilities and other jurisdictions don’t even have det facilities)
• Aborig youth often removed comm b/c lack detention facilities and some cases youth det
adult facilities- 2007 Alberta prov court allowed transfer adult facility, arguing youth’s
behav on operation youth facility and peers not in public interest
Issues of widening the net:
• Interp some courts section 29(2) as prohibition against det raised concerns law-and-order/
crime-control lobby that ability hold youth in custody too lim- fed gov took this position
advocating Bill C-10 revisions in this section- courts not lim= through some court’s
interp legislation
• Now given widespread use det and Bill C-10’s revisions to section 29, likely increased
use pretrial det
• Disagreement by courts and Nunn Commission= absence def violent off and serious off,
as well as vague def serious violent off in YCJA- omission defs allowed considerable
latitude around det and custodial decisions for courts
• Violent off not simply something less serious than serious violent off and Supreme Court
CN ruled off youth not violent b/c didn’t cause, attempt cause/ threaten cause bodily
harm and MN Court Appeal ruled only intention young person relv making serious
violent off designation
• Bill C-10 amendments YCJA likely result more pretrial det by lim judicial lat in det and
custodial decision-making
• Bill C-10= serious violent off means off under 1 following provisions crim code: first-
degree/ second-degree murder, attempt commit murder, manslaughter/ aggravated sexual
assault (used be def off commission young person causes/ attempts cause serious bodily
harm)
• Added defs violent off and serious off:
find more resources at oneclass.com
find more resources at oneclass.com