Youth Criminal Justice Act Overview

Questions and Answers

What is the primary objective of extrajudicial measures under the Youth Criminal Justice Act?

To overlook the rights of young persons

To achieve effective and timely interventions (correct)

To punish youth offenders severely

To ensure maximum incarceration of youth

Which principle is NOT a focus of the Youth Criminal Justice Act?

Maximizing punitive measures (correct)

Preventing crime

Rehabilitating young offenders

Promoting societal protection

What criteria must a young person meet to be eligible for extrajudicial measures?

Commit a non-violent offense (correct)

Be over the age of 18

Have a previous criminal record

Commit a violent offense

How are extrajudicial measures typically initiated?

By police officers in lieu of charging Signup and view all the answers

What does the YCJA emphasize regarding the involvement of victims?

Victims should be allowed to participate in decision-making Signup and view all the answers

Which of the following is NOT considered in the YCJA's flow chart for extrajudicial measures?

Economic status of the young person Signup and view all the answers

What should be proportional to the offense, according to the objectives of extrajudicial measures?

The intervention methods used Signup and view all the answers

Which of the following is a principle of the YCJA?

Meaningful consequences for actions Signup and view all the answers

What is required for a young person (YP) if they cannot obtain counsel?

The court must provide counsel. Signup and view all the answers

What should be included in the Notice to Parents upon a YP's arrest?

The reason for arrest and place of detention. Signup and view all the answers

Which of the following is NOT a criterion for Extra-Judicial Sanctions (EJS)?

An established prior court order. Signup and view all the answers

Under what condition can a youth justice court judge order pre-trial detention for a YP?

If the detention is necessary for the protection or safety of the public. Signup and view all the answers

Who proceeds with Extra-Judicial Sanctions after police charge a young person?

The Crown Prosecutor. Signup and view all the answers

What must be ensured before utilizing Extra-Judicial Sanctions?

They should not be used if a warning or referral would suffice. Signup and view all the answers

What is a primary characteristic of pre-trial detention concerning its function?

It must not be used as a substitute for child welfare or social measure. Signup and view all the answers

What is an essential requirement for the sanction to be considered under Extra-Judicial Sanctions?

Consistency with the principles of ACT. Signup and view all the answers

What is the main goal of extrajudicial measures under the YCJA?

To provide effective and timely interventions Signup and view all the answers

Which principle is emphasized by the Youth Criminal Justice Act?

Rehabilitation and reintegration Signup and view all the answers

Under what conditions are extrajudicial measures applied according to the YCJA?

For non-violent, non-serious offenses by first-time offenders Signup and view all the answers

Which of the following is NOT considered in determining the appropriate course of action under the YCJA?

The youth's income level Signup and view all the answers

What is a significant objective of extrajudicial measures?

To encourage young people to repair harm to victims Signup and view all the answers

What must be respected according to the objectives of extrajudicial measures?

The rights of young persons Signup and view all the answers

Which action is NOT part of the process when reasonable grounds are established during an incident?

Proceeding directly to court Signup and view all the answers

What is a key aspect of the YCJA's principle regarding the timing of interventions?

Implementing timely interventions Signup and view all the answers

What is one of the key principles of the YCJA?

Rehabilitate and reintegrate Signup and view all the answers

Which of the following best defines extrajudicial measures (EJM)?

Measures taken without legal action for eligible youth Signup and view all the answers

What objective is NOT associated with extrajudicial measures?

Ensure long-term imprisonment Signup and view all the answers

What does the YCJA emphasize about timely interventions?

They should happen as soon as possible Signup and view all the answers

Which criterion is NOT included in the YCJA’s flow chart for EJM?

Parental consent Signup and view all the answers

Which outcome may result from the EJM process if reasonable grounds are established?

Unconditional release or referral Signup and view all the answers

What is a primary goal of the YCJA regarding society?

To promote long-term protection of society Signup and view all the answers

How should extrajudicial measures be characterized according to the YCJA?

Effective and timely responses Signup and view all the answers

What must happen if a young person is unable to obtain counsel?

The court must direct that counsel be provided. Signup and view all the answers

What must the Officer in Charge (OIC) provide upon a youth's arrest?

Notice of arrest reasons and place of detention. Signup and view all the answers

Which condition allows for a youth justice court judge to order detention?

The youth will not appear in court. Signup and view all the answers

Which statement best describes Extra-Judicial Sanctions (EJS)?

EJS should not be pursued if a warning is adequate. Signup and view all the answers

What is a necessary criterion for a youth to be eligible for Extra-Judicial Sanctions?

The youth must accept responsibility. Signup and view all the answers

What is the purpose of the criteria for sanctions under the YCJA?

To ensure fairness and responsibility based on evidence. Signup and view all the answers

Under which conditions can a young person be detained before trial according to the YCJA?

If charged with a serious offense or another offense with a relevant history. Signup and view all the answers

What is the role of the police when a young person is found guilty of an offense?

To submit the record to the RCMP for national databases. Signup and view all the answers

What should be included in the notice given to parents upon a young person's arrest?

The reason for arrest and place of detention. Signup and view all the answers

Which of the following is NOT a criterion for Extra-Judicial Sanctions?

Requirement to have legal representation. Signup and view all the answers

What must occur if a young person (YP) is unable to obtain counsel?

The court must direct counsel to be provided. Signup and view all the answers

Which of the following is essential for a youth justice court judge to order pre-trial detention?

The YP is charged with a serious offense. Signup and view all the answers

What is a requirement for the criteria of Extra-Judicial Sanctions (EJS)?

There must be sufficient evidence to prosecute. Signup and view all the answers

Upon arrest or detention of a young person, what must the Officer in Charge (OIC) provide to the parents?

Written notice regarding the reason for arrest. Signup and view all the answers

Under what conditions can Extra-Judicial Sanctions (EJS) be used as evidence?

If a young person accepts responsibility for their actions. Signup and view all the answers

What is NOT a requirement for the Extra-Judicial Sanctions (EJS) program?

Immediate family must agree to the sanctions. Signup and view all the answers

What must be true for the police to detain a young person prior to trial?

The YP must be identified as a risk to society. Signup and view all the answers

Which statement accurately reflects the nature of Extra-Judicial Sanctions (EJS)?

EJS cannot be used if a warning would suffice. Signup and view all the answers

What information must police provide to the RCMP if a young person is charged with an offense?

A full record including previous offenses and . Signup and view all the answers

What must the criteria of sanction be aligned with?

The principles of the applicable legislation. Signup and view all the answers

Study Notes

Declaration of Principles

Extrajudicial measures (EJM) are recognized as effective for resolving youth crime.
Allows for timely interventions aimed at correcting behavior.
Suitable for young individuals committing non-violent offenses without prior convictions.

Principles of the YCJA

Aims to prevent crime among youth.
Focuses on rehabilitation and reintegration into society.
Ensures meaningful consequences for actions.
Advocates for timely interventions to address youth behavior.
Promotes the long-term protection of society.

Extra Judicial Measures (s. 6(1) YCJA)

Applicable to youth involved in non-violent or non-serious offenses with no prior guilty findings.
Initiated by police as an alternative to formal charges.

Objective of Extrajudicial Measures

Designed to be effective and timely in addressing youth misconduct.
Promotes acknowledgment of harm done and encourages reparations to victims and the community.
Aims to involve family and community in the process.
Ensures victim participation in decision-making.
Respects the rights of young persons and maintains proportional responses to offenses.

YCJA Flow Chart (Extrajudicial Measures)

Incident Occurs: Initiates the police investigation process.
Police Investigation: Officers assess whether reasonable grounds exist to proceed.
- No reasonable grounds lead to outcomes such as clearing the call.
Considerations for Outcomes:
- The severity and type of offense.
- Input from victims and parents.
- The young person’s demeanor and past history.
- Willingness to acknowledge accountability and repair harm.
Reasonable Grounds Established:
- Right to counsel for the young person is emphasized.
- Determine the most suitable course of action as per Section 6(1).
Possible Outcomes:
- No further action, issuing a warning, or caution (sec. 7).
- Interaction with parents and record-keeping of incidents.
- Referral to programs or unconditional release based on discretion and completion status of programs.

Rights to Counsel

Young persons (YP) have the right to Counsel at any stage of proceedings.
If a YP cannot obtain Counsel, the court must provide one; waiver of Counsel is not permitted.

Notice to Parent

Upon arrest or detention, the Officer in Charge (OIC) must promptly provide written or oral Notice to the parent, including:
- The reason for the arrest.
- The place of detention.
If charged with an offence, police may record details with the RCMP. Upon conviction, police are required to update this record on the Canadian Police Information Centre (CPIC).
For charged YP, the issuing officer must provide Notice in writing via Summons or Appearance Notice.
For Promise to Appear or Recognizance, written notice is also given by the OIC.

Extra-Judicial Sanctions (EJS)

EJS are more formal compared to Extra-Judicial Measures and should not be employed when a warning, caution, or referral suffices.
Initiated by the Crown Prosecutor following a police charge.

Criteria for Sanction

Must be part of a program authorized by the Ministry of Attorney General (MAG).
Consent from the YP is required.
YP must have the opportunity to consult with a lawyer before accepting responsibility.
There must be sufficient evidence available to prosecute.
Sanctions should align with the principles of the Youth Criminal Justice Act (YCJA).
EJS can serve as evidence of prior offending behavior.

Pre-Trial Detention

Police are mandated to release a YP unless their detention is necessary as per the Criminal Code (C.C).
Detention cannot serve as a substitute for child welfare or social measures.
A youth justice court judge or justice can order detention only if:
- The YP is charged with:
  - A serious offence, or
  - An offence other than a serious one, if there is a history of outstanding charges or previous convictions.
- The judge or justice believes:
  - The YP will not appear in court.
  - Detention is essential for the protection or safety of the public.

Declaration of Principles

Extrajudicial measures (EJM) are preferred for addressing youth crime.
EJM allows timely intervention to correct behavior.
Adequate for holding young offenders accountable, especially first-time non-violent offenders.

Principles of the YCJA

Crime prevention is a fundamental objective.
Focus on rehabilitating and reintegrating young offenders.
Ensure meaningful consequences for youth actions.
Emphasize timely interventions in the justice process.
Aim to promote long-term protection of society.

Extra Judicial Measures (Section 6(1) YCJA)

Applicable to youth committing non-violent and non-serious offenses.
Utilized when the youth has not been previously found guilty.
Initiated by police as an alternative to formal charges.

Objectives of Extrajudicial Measures

Designed to be effective and timely in addressing youth behavior.
Promote acknowledgment and repair of harm by offenders toward victims and the community.
Encourage family and community involvement in the process.
Ensure victim participation in decision-making.
Respect the rights of young people involved.
Proportionality to the offense is a guiding principle.

YCJA Flow Chart Overview

Incident Occurs

No Reasonable Grounds
- Case cleared without action.
Reasonable Grounds
- Right to counsel must be respected.
- Police must consider the most appropriate action under Section 6(1):
  - Options include warnings, recording incidents, contacting parents, or unconditional release.
- Considerations for action include:
  - Type and severity of the offense.
  - Input from victims and parents.
  - Young person’s demeanor and past history.
  - Acknowledgment of accountability and willingness to repair harm.
  - Assessment of whether a caution (Section 7) is suitable.
    - Following this, parental contact and interviews may be conducted.
  - Possibility of referral to programs or pre-charge options based on outcomes (program completed or incomplete).
  - Officer discretion determines if charges will be laid.
- No Further Action
  - May involve contacting parents and resolution of the incident.

Declaration of Principles

Extrajudicial measures (EJM) are recognized as effective for resolving youth crime.
Allows for timely interventions aimed at correcting behavior.
Suitable for young individuals committing non-violent offenses without prior convictions.

Principles of the YCJA

Aims to prevent crime among youth.
Focuses on rehabilitation and reintegration into society.
Ensures meaningful consequences for actions.
Advocates for timely interventions to address youth behavior.
Promotes the long-term protection of society.

Extra Judicial Measures (s. 6(1) YCJA)

Applicable to youth involved in non-violent or non-serious offenses with no prior guilty findings.
Initiated by police as an alternative to formal charges.

Objective of Extrajudicial Measures

Designed to be effective and timely in addressing youth misconduct.
Promotes acknowledgment of harm done and encourages reparations to victims and the community.
Aims to involve family and community in the process.
Ensures victim participation in decision-making.
Respects the rights of young persons and maintains proportional responses to offenses.

YCJA Flow Chart (Extrajudicial Measures)

Incident Occurs: Initiates the police investigation process.
Police Investigation: Officers assess whether reasonable grounds exist to proceed.
- No reasonable grounds lead to outcomes such as clearing the call.
Considerations for Outcomes:
- The severity and type of offense.
- Input from victims and parents.
- The young person’s demeanor and past history.
- Willingness to acknowledge accountability and repair harm.
Reasonable Grounds Established:
- Right to counsel for the young person is emphasized.
- Determine the most suitable course of action as per Section 6(1).
Possible Outcomes:
- No further action, issuing a warning, or caution (sec. 7).
- Interaction with parents and record-keeping of incidents.
- Referral to programs or unconditional release based on discretion and completion status of programs.

Rights to Counsel

Section 25 of the Youth Criminal Justice Act (YCJA) grants Young Persons (YP) the right to counsel at all stages of legal proceedings.
Courts are mandated to provide counsel for YP unable to secure it; waiving this right is not permitted.

Notice to Parent

Section 26 of the YCJA requires the Officer in Charge (OIC) to promptly inform parents after a YP's arrest or detention, either verbally or in writing.
Information must include the reason for arrest and the location of detention.
When charges are laid, the police can furnish a record to the Royal Canadian Mounted Police (RCMP). If the YP is found guilty, law enforcement must provide this record to the RCMP for their records, placed on the Canadian Police Information Centre (CPIC).

If Charged

A written notice must be given by the issuing officer in the form of a Summons or an Appearance Notice.
For a Promise to Appear or Recognizance, the OIC is also responsible for issuing a written notice.

Extra-Judicial Sanctions

More formal than Extra-Judicial Measures per Section 10 of the YCJA.
Extra-Judicial Sanctions (EJS) should not be imposed if lesser actions like a warning, caution, or referral are adequate.
Initiated post-charge by the Crown Prosecutor after police involvement.

Criteria of Sanction

Sanctions must align with a program authorized by the Ministry of the Attorney General (MAG).
Requires consent from the YP.
YP should have the chance to consult a lawyer.
Acceptance of responsibility by the YP is necessary.
There must be sufficient evidence available to support prosecution.
Sanctions must conform to the principles outlined in the Act.
EJS can be used as evidence of prior offending behavior.

e-Trial Detention

According to Section 29(2) of the YCJA, police must release YP unless detention is deemed necessary under Criminal Code provisions.
Use of detention cannot replace child welfare or social services.
A youth justice court judge may only authorize detention if:
- The YP has been charged with a serious offense or, in cases of lesser offenses, has a history indicating recurring charges or findings of guilt.
- The judge is convinced that the YP is likely to abscond or that detention is essential for public safety.

Rights to Counsel

Young persons (YP) have the right to legal counsel at any stage of legal proceedings.
If a YP cannot obtain counsel, the court is obligated to appoint one; they cannot waive this right.

Notice to Parent

Upon a YP's arrest or detention, the Officer in Charge (OIC) must promptly notify parents or guardians in writing or verbally.
Notification includes the reason for the arrest and the location of detention.
If a YP is charged with an offense, law enforcement may provide a record to the Royal Canadian Mounted Police (RCMP).
When found guilty, police must submit a record to the RCMP for entry into the Canadian Police Information Centre (CPIC).
In case of charge:
- Officers issuing a Summons or Appearance Notice must give written notice.
- For Promise to Appear or Recognizance, the OIC also provides written notice.

Extra-Judicial Sanctions (EJS)

EJS are more formal than Extra-Judicial Measures and should not replace warning, caution, or referrals if those are appropriate.
EJS are initiated by the Crown Prosecutor following police charges against a YP.

Criteria for Sanction

Sanction must be part of a program approved by the Ministry of the Attorney General (MAG).
The YP must consent to the sanction and have the chance to consult with legal counsel.
The YP must accept responsibility, and there should be enough evidence to support prosecution.
Sanctions must align with the principles outlined in the Youth Criminal Justice Act (YCJA).
EJS can be presented as evidence of prior offenses in future proceedings.

Pre-Trial Detention

Police are required to release a YP unless detention is deemed essential under the Criminal Code (C.C).
Detention should not serve as an alternative to child welfare or social services.
A youth justice court judge can order a YP's detention only if:
- They are charged with a serious offense, or
- They have a history suggesting a pattern of outstanding charges or previous convictions for lesser offenses.
A judge must be convinced that the YP is unlikely to appear in court, or that detention is crucial for public safety.

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Description

This quiz explores the essential principles of the Youth Criminal Justice Act (YCJA), focusing on its emphasis on extrajudicial measures, crime prevention, and rehabilitation. Learn how these principles aim to effectively address youth crime and foster meaningful consequences. Test your understanding of YCJA's approach to youth justice.