In this segment, Brian Scully, a retired judge of the Ontario Court of Justice, explores the provisions under the Youth Criminal Justice Act (YCJA) that address overcharging, detention, and custody of young offenders. He highlights the importance of alternatives like diversion and restorative justice, as well as the restrictions and guidelines on custodial sentences, ensuring a rehabilitative approach.
Charging and Diversion
The YCJA emphasizes discretion at the early stages of youth criminal cases. Police and Crown prosecutors are encouraged to use cautioning as an alternative to charging, allowing young people to be referred to community agencies for programs such as community service or restitution. Diversion, whether formal or informal, helps address non-violent offenses and reduces the burden on the justice system. Brian acknowledges the uneven application of these practices, with some regions implementing them more effectively than others.
Restorative Justice: A Unique Approach
Brian provides an example of restorative justice, where two rival youth groups involved in a conflict underwent an intensive process with an organization called Peacebuilders. Through months of meetings, understanding each other’s cultural and social struggles, and engaging in respectful dialogue, peace was restored. This approach allowed for non-custodial sentencing and prevented future violence, showcasing the transformative power of restorative justice.
Detention and Custody
To address the issue of over-detention, the YCJA imposes strict limits on custodial sentences. Custody is only allowed for violent offenses, repeated failure to comply with previous sentences, or cases involving aggravating circumstances. Even when these criteria are met, the court must first consider non-custodial alternatives and justify why they are insufficient.
Custodial sentences in the youth system are significantly different from the adult system. The maximum sentence is two years, except for offenses equivalent to life imprisonment for adults, where it can extend to three years. Sentences include two-thirds in custody and one-third under community supervision.
Brian also discusses the challenges faced by youth in the child welfare system, who are often charged due to behavioral issues stemming from trauma. Efforts to educate police and justices of the peace have helped reduce such cases and focus on rehabilitative measures.
Conclusion
Brian Scully’s insights demonstrate how the YCJA ensures fairness and rehabilitation while limiting the use of detention and custody. The act’s focus on restorative justice and diversion highlights its commitment to addressing the root causes of youth crime. Watch the video to learn more about these impactful provisions and real-life examples of their application.
