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YOUTH JUSTICE

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YOUTH JUSTICE Powered By Docstoc
					Whitehorse Youth
 Justice Panel
        2010

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Government of Yukon

    Health and Social Services

                    Family & Children’s Services Branch


                                  Youth Justice


                                 Youth Probation




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Youth Justice

     Manager

                        Youth Probation

           Restorative Community Conference Program

                   Youth Achievement Centre

               Custody Services – Open & Secure

               Youth High Risk Treatment Program

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Youth Probation

     Supervisor

                  Extrajudicial Sanctions Coordinator


                       Youth Probation Officer


                    Mobile Youth Probation Officer


             Intensive Support & Supervision Officer


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Youth Probation
      Located at 305 Lambert Street, Whitehorse
      Provides an extrajudicial sanction program
      Coordinates the Whitehorse Youth Justice Panel
      Supervises and case manages youth with
       community sentences, probation orders and custody
       & supervision orders




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The Youth Criminal
Justice Act (YCJA)

    New legislation introduced in April 2003,
     replaced the Young Offender’s Act
    Provides a clear statement of goals and
     principles
    Greater use of extrajudicial measures
     for less serious offences
    Encourages the involvement of families,
     victims, and community members

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YCJA – PART 1


Extrajudicial Measures


   PRINCIPLES AND OBJECTIVES



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Principles:
   Extrajudicial measures are often the most appropriate and
    effective way to address youth crime;
   Extrajudicial measures allow for effective and timely
    interventions focused on correcting offending behaviour;
   Extrajudicial measures are presumed to be adequate to hold a
    young person accountable for his or her offending behaviour if
    the young person has committed a non-violent offence and
    has not previously been found guilty of an offence; and
   Extrajudicial measures should be used if they are adequate to
    hold a young person accountable for his or her offending
    behaviour and, if the use of extrajudicial measures is
    consistent with the principles set out in this section, nothing in
    this Act precludes their use in respect of a young person who:
    has previously been dealt with by the use of extrajudicial
    measures;
    or has previously been found guilty of an offence.
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Objectives:
   Extrajudicial measures should be designed to:

a) Provide an effective and timely response to offending behaviour
   outside the bounds of judicial measures;
b) Encourage young persons to acknowledge and repair the harm
   caused to the victim and the community;
c) Encourage families of young persons – including extended
   families where appropriate - and the community to become
   involved in the design and implementation of those measures;
d) provide an opportunity for victims to participate in decisions
   related to the measures selected and to receive reparation; and
e) Respect the right and freedoms of young persons and be
   proportionate the seriousness of the offence.



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Sec. 10 - 1
An extrajudicial sanction may be used to deal
with a young person alleged to have committed
an offence only if the young person cannot be
adequately dealt with by a warning, caution or
referral mentioned in section 6, 7 or 8 because
of the seriousness of the offence, the nature
and number of previous offences committed by
the young person or any other aggravating
circumstances.

                                              10
Sec. 10 – 2
An extrajudicial sanction may be used only if:

a)   It is part of a program of sanctions that may be authorized by the Attorney
      General or authorized by a person, or a member of a class of persons,
      designated by the lieutenant governor in council of the province;
b)   The person who is considering whether to use the extrajudicial sanction, is
      satisfied that it would be appropriate, having regard to the needs of the young
      person and the interests of society;
c)   The young person, having been informed of the extrajudicial sanction, fully
      and freely consents to be subject to it;
d)   The young person has, before consenting to be subject to the extrajudicial
      sanction, been advised of his or her right to be represented by counsel and
      been given a reasonable opportunity to consult with counsel;
e)   The young person accepts responsibility for the act or omission that forms the
      basis of the offence that he or she is alleged to have committed;
f)   There is, in the opinion of the Attorney General, sufficient evidence to
      proceed with the prosecution of the offence; and
g)    The prosecution of the offence is not in any way barred at law.


                                                                                  11
Sec. 10 - 3
An extrajudicial sanction may not be used
in respect of a young person who:
a) Denies participation or involvement in
    the commission of the offence; or
b) Expresses the wish to have the charge
    dealt with by a youth justice court.


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Sec. 10 - 4
Any admission, confession or statement
accepting responsibility for a given act or
omission that is made by a young person
as a condition of being dealt with by
extrajudicial measures is inadmissible in
evidence against any young person in
civil or criminal proceedings.
                                              13
Sec. 10 – 5

The use of an extrajudicial sanction in respect of a young person
alleged to have committed an offence is not a bar to judicial
proceedings under this Act, but if a charge is laid against the young
person in respect of the offence,
a) the youth justice court shall dismiss the charge if it is satisfied
    on a balance of probabilities that the young person has totally
    complied with the terms and conditions of the extrajudicial
    sanction; and
b) the youth justice court may dismiss the charge if it is satisfied on
    a balance of probabilities that the young person has partially
    complied with the terms and conditions of the extrajudicial
    sanction and if, in the opinion of the court, prosecution of the
    charge would be unfair having regard to the circumstances and
    the young person’s performance with respect to the extrajudicial
    sanction.

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Sec. 10 - 6
Subject to subsection (5) and section 24
(YCJA), nothing in this section shall be
construed as preventing any person from
laying an information or indictment,
obtaining the issue or confirmation of any
process or proceeding with the
prosecution of any offence in accordance with
law.
                                                15
Sec. 11 and 12
11. Notice to Parent:
If a young person is dealt with by an Extrajudicial sanction, the
person who administers the program under which the sanction is
used shall inform a parent of the young person of the sanction.

12. Victim’s right to Information:
If a young person is dealt with by an extrajudicial sanction, a police
officer, the Attorney General, the provincial director or any
organization established by a province to provide assistance to
victims shall, on request, inform the victim of the identity of the
young person and how the offence has been dealt with.


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BACKGROUND OF YJP
   This project is the result of extensive discussions among key players
    that play a major role in Yukon’s youth justice system

   A steering Committee was formed from these discussions

   A funding proposal was submitted to the Federal Government for a pilot
    project

   In the fall 2000, a working group was formed

   In early January 2001, members of the Youth Justice Panel began
    meeting

   The panel began reviewing cases in March 2001



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STEERING COMMITTEE
A steering committee was formed to oversee the
YJ panel. The representatives are as follows:

       Chief Territorial Judge
       Territorial Youth Court Judge
       Manager of Youth Justice
       Chief Federal Prosecutor, PPSC
       Executive Director of Skookum Jim Friendship Centre
       Executive Director of Legal Aid
       Supervisor of Youth Probation
       Manager of Victim Services
       RCMP Representative
       Education Representative
       CYFN Representative


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STRUCTURE OF PANEL
Current YJP members:
    1. Designated Crown Counsel
    2. Designated Defense Counsel
    3. Youth Probation Supervisor
    4. Victim Services Representative (YG)
    5. Crown Victim / Witness Coordinator (PPSC)
    6. TanSakwathan Youth Diversion Program
    7. Kwanlin Dun Justice Program Representative
    8. Whitehorse EJS Program
    9. Youth Representative (BYTE)
    10. RCMP Representative
    11. Dept. of Education Representative

    *YJP Coordinated by Youth Probation employee


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Role of the YJP Coordinator
   Conduct Pre Panel Inquiry’s, set the YJP
    agenda
   Chair the YJP meeting, take minutes
   Follow up with YJP requests for guests,
    additional information etc.
   Provides orientation to the YJP for new
    members and ongoing training to
    current members.

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YOUTH JUSTICE PANEL
GOALS
   To increase referrals to Extrajudicial
    Sanctions
   To reach more timely determinations of youth
    court matters
   To reduce custodial sentences
   To build better partnership among all youth
    justice key players
   To enhance the capacity of family and
    community to share the responsibility for
    repairing harm from criminal activity

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STEP BY STEP PROCESS
Pre-Panel
   Youth is charged with offence
   Crown Counsel receives disclosure package from RCMP
   Youth Justice Panel reviews docket for all First Appearances
    every Thursday morning prior to court in the afternoon
   Youth appears in Youth Justice Court for first appearance and
    matters deemed appropriate for Pre-Panel Inquires adjourned
    for two weeks
   A meeting is arranged with Defense Counsel to meet with young
    person and parents to review disclosure
   Panel Coordinator meets with young person and family to
    conduct Pre-Panel Inquiry (YLS)




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STEP BY STEP PROCESS
Panel Meeting
   Offence and circumstances are presented to the panel members by Crown Counsel
   Pre-Panel Inquiry summarized for members by Panel Coordinator
   Victim representative comments on victim’s perspective
   Defence counsel comments on young persons perspective
   Panel members discuss recommendations for resolution,
         Is the use of EJS appropriate?
         (Panel is made aware of Crown’s position)
         IF CROWN SUPPORTS EJS, THE PANEL DISCUSSES
               What agreement conditions are appropriate?
                (identified through youth / parents / PPI / offence)
               Which EJS Program is most appropriate?
               Timeframe for agreement
   Gives recommendations to the Crown
   Panel members are advised of Crown’s final decision




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STEP BY STEP PROCESS
Post-Panel
   Matter is returned to Youth Justice Court and if recommended
    for Extrajudicial Sanctions, the case is adjourned for a pre-
    determined period of time
   If matter is recommended for EJS an appointment with an EJS
    program representative will be arranged at court
   The young person and parents meet with the EJS program
    representative for intake and to sign agreement
   Youth participates and completes program
   Panel reviews referrals as set by YJP
          Case management reviews

          If there are difficulties with the case, the Panel gives
            recommendations
          Case is reviewed prior to completion date

   Matter dismissed or returned to formal process

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