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Young Offenders Act

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					UNI320Y: Canadian Questions:
     Issues and Debates


    Week 4: Educating Citizens

          Professor Emily Gilbert
http://individual.utoronto.ca/emilygilbert/
 Educating Citizens
I.   Moral Reform in Early 20th Century
     Canada

II. Schools, Education and Citizenship
I: Moral Reform in Early 20th Century
Canada
Context of moral reform:
   Increasing urbanization
   Increasing immigration
   Health concerns, eg: contamination, venereal
    diseases

Sangster: Children as “future state assets, whose
    future role as model adult citizens rested
    precariously on their upbringing,
    socialization, and ideological embrace of the
    norms of law and order” (337)
Moral panics around youth and:
   WWI: concern about fatherless families
   1920s: Roaring Twenties: materialism,
    licentiousness, drugs
   Depression era: lawlessness, prostitution
   WWII: decay of the family, inverted
    gender roles, materialism
Disciplinary society
 Michel Foucault, Discipline and Punish (1975),
  and the Panopticon

   hierarchical observation
   normalizing judgement
   examination

   Nexus of power/knowledge


   Panopticon blueprint by Jeremy Bentham, 1791
1908: Juvenile Delinquents Act (revised 1924; 1929)
 Deals with criminal acts of youth ages 7-16 (18 in some
   jurisdictions)
 Also criminalized youth for behaviour not illegal among adults
       1924 revisions: sexual immorality and other vices
   Allowed
       Provincial variability
       Indeterminate sentences
       Discretionary and arbitrary review process in name of child’s
        “best interests”

   State deemed a sympathetic guardian: juvenile treated as
    misguided child requiring care and supervision
What kind of citizens?

    “Boys it was assumed, should be re-moulded into social
    citizens with respect for democracy, law, and the work
    ethic, while girls needed protection, discipline, and self-
    control in order to become model moral citizens”
    (Sangster 338)

    “boys needed a firm, guiding hand and an
    understanding of democracy, law, and social order to
    develop into honest workers and social citizens. Girls,
    however, needed protection, discipline, and self-control
    to develop into moral citizens” (Sangster 346)
1982: Young Offenders Act (amended 1986; 1992; 1995)
   National age of criminality is now set at 12 (so YOA covers 12-17)
   Tighter legal framework: more responsibility on offender
   Have same rights and privileges as adults: bail; hearing; lawyer; appeal;
    Charter; etc.
   But some special provisions: Youth Court; separated from adults;
    parental notice; anonymity; etc.
   All stautus offences – eg truancy, sexual immorality—eliminated

    Sentences range from reprimands, fines, community service to secure
     custody
                1960s: and supervision, with some “alternative
     Provinces provide carediscussions around altering the JDA
     measures” programs

    Concerns that
        No clear philosophy of youth justice with inconsistent and unfair
         sentences
        Overuse of courts
        Too lax; doesn’t deal with serious and violent offences (but revisions)

    Youth incarceration becomes one of highest in Western World (including
     US, Australia, most of Europe)
2002: Youth Criminal Justice Act
   After 7 years of debate and 3 drafts; draws from YOA and JDA
   includes a “Statement of Principles”:
       Prevention: addressing underlying circumstances
       Rehabilitation: to reintegrate into society
       Subject youth to meaningful consequences
   No more adult court, but adult sentences can be imposed from 14

   Less emphasis on custody for non-violent or less serious offences
   More emphasis on alternative youth sentencing methods (out of
    court)
   Victim rights: access to court records; information about sentencing
   Mandatory intense supervision upon release from jail
   “Youth justice committees” reintroduced to assist in community
    supervision and provide services
Surveillance and monitoring of the population
   Changing ideas regarding crime, youth
    responsibility and treatment
   Removal of deviants from society: Children’s Aid;
    training, industrial and residential schools
   Institutions to train and discipline citizens to be
    self-governing: school
   Normalized ideas of citizenship, eg: proper roles
    for men and women
   Exists within and reflects broader economic and
    geopolitical context
 II: Schools, Education and
 Citizenship
Egerton Ryerson: schools and creating ‘safe’ citizens

Mitchell:
 Impact of “spatial dynamics of capital accumulation” on
    education and citizenship (387)

   Althusser how to “learn the ‘rules’ of good behaviour – the
    rules of morality, civic and professional conscience, and of
    course, the respect for the socio-technical division of labor
    and rules of order established by class domination” (389)

   Role of education in creating workers; reproduction of
    consciousness; and state formation
 Multiculturalism vs. strategic
  cosmopolitanism (388)

Learned multiculturalism:
 As liberalism: individual freedom
 As controlling difference
 As promoting export of liberalism
Pressures on multicultural ethos
 Decentralization
 Devolution
 Discourse of failing schools
 Shift to competitiveness in world economy
     Excellence—standardized testing
     Accountability—performance and financing
     Choice and separation—and more role for private
      sector
 Ontario Safe Schools Act (2000)
(2) The following are the purposes of the code of conduct:
 1. To ensure that all members of the school community,
     especially people in positions of authority, are treated with
     respect and dignity.
 2. To promote responsible citizenship by encouraging
     appropriate participation in the civic life of the school
     community.
 3. To maintain an environment where conflict and difference
     can be addressed in a manner characterized by respect and
     civility.
 4. To encourage the use of non–violent means to resolve
     conflict.
 5. To promote the safety of people in the schools.
 6. To discourage the use of alcohol and illegal drugs.
Encompasses: conduct; discipline; safety; access; dress;
    appeals

Includes:
   (1) Every board shall ensure that opening or closing exercises
    are held in each school under the board’s jurisdiction, in
    accordance with the requirements set out in the regulations.
   (2) The opening or closing exercises must include the singing
    of O Canada and may include the recitation of a pledge of
    citizenship in the form set out in the regulations.

But:
 The Minister may establish different policies and guidelines
     under this section for different circumstances, for different
     locations and for different classes of persons.
Suspension is mandatory if:
 1. Uttering a threat to inflict serious bodily harm on another
    person.
 2. Possessing alcohol or illegal drugs.
 3. Being under the influence of alcohol.
 4. Swearing at a teacher or at another person in a position of
    authority.
 5. Committing an act of vandalism that causes extensive
    damage to school property at the pupil’s school or to property
    located on the premises of the pupil’s school.
 6. Engaging in another activity that, under a policy of the
    board, is one for which a suspension is mandatory.
Expulsion is mandatory if:
 1. Possessing a weapon, including possessing a firearm.
 2. Using a weapon to cause or to threaten bodily harm to
    another person.
 3. Committing physical assault on another person that causes
    bodily harm requiring treatment by a medical practitioner.
 4. Committing sexual assault.
 5. Trafficking in weapons or in illegal drugs.
 6. Committing robbery.
 7. Giving alcohol to a minor.
 8. Engaging in another activity that, under a policy of the
    board, is one for which expulsion is mandatory.
Ontario Human Rights Commission
  report that more visible minorities
  and children with disabilities charged

				
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posted:10/27/2012
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