Topic: John Howard Society: Criminal Justice Education

October 17, 2014 presentation to Grade 9

By The John Howard Society of Red Deer
Safety and Harmony in Our Community


Introduction Notes:
Horizon House
Remand Centre
Bowden Institution
"Halfway House"
Parole
Probation Officer
Stat Release Date vs Warrant Expiry
Reintegration
Diversion Program
Release Programming
Court Accompaniment
Court House
Elizabeth Fry Association("e-fry")

Mark's Work Wearhouse ("Mark's")

Bill C-10

YCJA = Youth Criminal Justice Act

Define YCJA - Outlines how police, diversion programs, the court system and the corrections system will respond to a youth who is accused of or found guilty of committing a criminal offence.

"Youth Court"
Dockets
criminal record
Legal Aid - free for youth in Canada - lawyers must volunteer some time "pro bono" for YCJA - a chance to get a "rockstar lawyer" is possible
Sentence, conditions, sanctions
Youth Probation Officer
Corrections Canada
Repeat Offenders
Incarceration

Goals:
1. "Use your brain" - be responsible and accountable
2. meaningful consequences - face to face, learn from mistakes
3. legal rights - silence, representation, parents present
4. reintegration - ie. halfway house
5. rehabilitation - ie. cure the drug addiction


Legal Rights:
1. To know the charge
2. To remain silent
3. To talk to a parent, trusted adult, lawyer
4. To be represented by a lawyer as quickly as possible
5. To have an adult present when making a statement

"Anything you say, do or write will be used as evidence against you."

Statement of Events vs. Victim Impact Statements

Diversion Program: Extra Judicial Measures
ie. referrals to Big Brothers, Child Welfare

Police Measures:
1. Take no action
2. Caution or Warning
3. Make a referral
4. Lay a charge

Crown (Provincial and Federal) Measures:
1. Caution or Warning (extremely rare)
2. Refer to Extrajudical Sanctions (especially if a "first time" or "small second" offence
3. Case Goes to Court

Extrajudical Sanctions (Punishment):
Examples:
- apologize in person
- do personal service for the victim
- do community service
- make restitution or return property
- make a donation to a charity
- attend a course or counselling
-participate in aboriginal cultural/spiritual activities
- write an essay
Victim and parent can have input into from the agreement over sanctions


Sentences:
- Restitution
- Probation Order
- Compensation
- Community Service Order (Max: 240 hours/Year)
- Attendance Order (school, counselling)
- Fine $1000 - $5000
- Custody and Supervision
-- Closed (EYOC or CYOC or YAC)
-- Open (house arrest)

Adult Sentences
- Bill C-10
- Youths aged 14 or over can be charged as an adult
-- "presumptive offence"
-- "serious offence and a record of other serious violent offences"

Publishing Names/Pictures
In most cases a youth's name or picture cannot be published or identified (except if youth is "at large" or charged as an adult)

Youth Records
C.P.I.C. "file complete" or "file closed" or "file open"

Length of Youth Records
- Summary Offence: 3 years after completion of sentence
- Indictable Offence: 5 years after completion of sentence

BUT .... ADULT RECORDS LAST FOREVER
Pardon = "Record Suspension" ~$700 to apply and ~$25 per charge but it remains on CPIC and says "Record Suspended" anyway.
Endangerment to children can never be  removed from CPIC record


Consequences of Having a Youth Record:
Job (volunteerism too)
Travel
Court


Diagram the Typical Court Room in Canada
Two Chairs on Crown side (left) - Federal and Provincial
Jury Box optional

Be nice to each other!