Youth and the Justice System
New Youth Criminal Justice Act
Despite reservations about the federal Youth Criminal Justice Act (YCJA), Alberta implemented the new law without a hitch on April 1, 2003.
The new law attempts to strike a balance between holding serious violent offenders accountable for their actions, and dealing with non-violent offenders through restorative justice or extrajudicial sanctions (previously known as alternative measures).
A day before the legislation was proclaimed, the Quebec Court of Appeal ruled that adult sentence provisions of the YCJA were unconstitutional. The provisions allow young offenders charged with the most serious violent crimes, such as murder or aggravated sexual assault, to be automatically subject to adult sentences.
“We are disappointed that the federal government did not appeal this decision, and is considering softening the adult sentence provisions as a result of this ruling,” said Justice Minister Dave Hancock. “These provisions were an important step in recognizing the seriousness of these offences and the need to hold violent young people sufficiently responsible for their actions.”
Alberta has pressed the federal government to fully consult the provinces before any changes to the YCJA are brought forward.
“The federal justice minister has indicated publicly that he will consult fully on this with his provincial counterparts,” Hancock said. “I intend to hold him to that commitment.”
Lethbridge addresses youth crime
Developing long-lasting solutions to youth justice challenges requires a cooperative
approach by the justice system and the entire community.
The Lethbridge Fetal Alcohol Spectrum Disorder (FASD) Community Justice Committee put this philosophy into action and is recognized for its success in working with young offenders in the community.
The Lethbridge initiative brings together prosecutors, defence lawyers, police officers, school counselors, probation officers, childcare workers, and health care professionals to help the justice system deal more effectively with FASD afflicted individuals. “The prosecutors in the Lethbridge office act as a vital link between the court and the community partners represented on the committee,” said Robin Dann, Chief Crown Prosecutor in Lethbridge. “As part of the Alberta Justice effort to foster safe communities, FASD has been identified as a subject requiring new, innovative and scientifically based responses.”
Underlying the efforts of the committee is the recognition that FASD is organic brain damage and that people who are afflicted with it cannot learn from past experiences in the same way and to the same degree as individuals without FASD.
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| Lethbridge Chief Crown Prosecutor Robin Dann (center) and colleagues at PLENA’s Connecting the Dots Conference. |
“The wide range of expertise available on the Lethbridge committee helps us divert young offenders away from the justice system, where appropriate, by providing a more structured living environment to assist in keeping them out of trouble with the law, or by suggesting more meaningful terms in probation orders in instances where the court process is necessary,” Dann said.
Committee members spoke about the positive results of this community based effort at this spring’s Connecting the Dots Conference, hosted by the Public Legal Education Network of Alberta (PLENA).
Students learn about justice
Beginning in 2005, Alberta’s new Social Studies curriculum will further support efforts to give students a better understanding of the justice system.
Alberta Learning, along with many stakeholders, including Alberta Justice and Alberta Solicitor General, have developed a revised Social Studies curriculum for kindergarten to Grade 9 that reflects the needs of students in the 21st century. The new curriculum will be phased into Alberta classrooms between 2005 and 2008.
As part of the working partnership, Alberta Justice and Solicitor General consulted with public legal education partners, department staff and Albertans about the justice topics they believed should be part of the new curriculum. Information was gathered and then shared with Alberta Learning.
As a result, targeted instruction on the justice system is now included in
the draft of the revised Alberta Social Studies curriculum. Below are just a few
examples of the questions Alberta students will consider beginning in 2005:
- Grade 3: How do individuals and groups in the communities maintain peace?
- Grade 6: How does Canada’s justice system help protect your democratic
and constitutional rights? - Grade 9: How do citizens and organizations participate in Canada’s justicesystem? and What is the intention of the Youth Criminal Justice Act?
Thanks to the partnership work of ministry staff, the judiciary, and key public legal organizations, such as the Public Legal Education Network of Alberta, the Alberta Law Foundation, the Faculty of Extension Legal Studies Program at the University of Alberta, and the John Howard Society of Alberta, a new generation of students will learn about the justice system inside Alberta’s classrooms.
So, why Social Studies?
Social Studies gives students the opportunity to study people in relation to each other and to their world. It helps students develop the knowledge, skills and attitudes necessary to become engaged, active, informed and responsible citizens. Social Studies emphasizes critical thinking and draws upon many subjects, such as history, geography, ecology, economics, law, philosophy, and political science. Knowledge of all aspects of Canadian society, including our justice system, ensures that Alberta students have a well-rounded education.
Youth justice committees grow
By Angelle Meunier
Alberta’s youth justice committee program has seen a lot of success over the last year. The program has been awarded a gold Premier’s Award of Excellence, the 100th youth justice committee has been proclaimed, and the first youth justice committee made up of youth volunteers has been formed.
Youth justice committees provide an alternative to the formal court process and the possibility of time in custody for offenders. The committee meets with the offender and often also meets with the young person’s parents and/or significant others. The victim is encouraged to take part, but it is not mandatory.
Siksika Nation has been named the 100th youth justice committee in Alberta. “Our main concern is to reduce crime and restore the harmony within the community,” said Ron Many Heads, the justice manager in Siksika. The community plans to train 10 volunteers for their new committee and will encourage the Siksika Nation elders to have a vital role in their committee.
Alberta is the home of the first youth justice committee in Canada made up entirely of youth volunteers. A group of youth from the Edmonton area has taken the initiative to come together to form a youth justice committee and they have called themselves YRAP or Youth Restorative Action Project. This committee will focus on education and rehabilitation, but most importantly it is the first youth justice committee to focus on the issues that cause intolerance.
