In this insightful segment, Brian Scully delves into the principles and practices of sentencing and enforcement in Canada’s Youth Criminal Justice System. He highlights the unique provisions under the Youth Criminal Justice Act (YCJA), emphasizing rehabilitation and community reintegration while preserving accountability and fairness.
Sentencing Principles and Unique Measures
Sentencing under the YCJA is guided by principles of proportionality and rehabilitation. Judges consider the seriousness of the offense, the harm caused, and the young person’s role, aiming to impose the least restrictive measures that support reintegration.
Unique to the youth system, sentences like reprimands allow for acknowledgment of responsibility without long-lasting consequences. For example, reprimands erase the record 60 days after sentencing, provided there is compliance. Brian shares a case where this provision helped a young woman with a history of trauma resolve multiple charges without damaging her future.
Probation and Supervision
Probation is another key sentencing tool, limited to two years. It includes tailored conditions to encourage compliance and avoid setting unrealistic expectations. For instance, instead of prohibiting marijuana use outright, probation orders may focus on counseling to address underlying psychological issues.
The system also allows for intensive supervision, offering alternatives to custody. These measures involve close monitoring and structured activities like vocational or academic programs, providing young offenders with stability and support.
Custodial Sentences and Reviews
Custodial sentences in the youth system are capped at two years (or three years for specific severe offenses). Importantly, the system incorporates flexibility by allowing judges to determine the start of a sentence, ensuring it does not disrupt education or employment. Sentences are reviewed periodically, with the option to reduce conditions or release youth early based on good behavior and compliance.
Brian highlights cases where this flexibility was used creatively to support young people in achieving their goals while addressing the gravity of their actions. For example, two young men involved in a robbery were allowed to complete their educational programs before serving sentences, which were later adjusted to facilitate their reintegration.
Adult Sentencing for Youth
Adult sentences are rare and only applied to youth aged 14 or older for serious offenses. The Crown must prove that a youth sentence would be insufficient to hold the young person accountable. The YCJA presumes diminished moral culpability for young offenders, making adult sentencing an exception rather than the norm.
Conclusion
Brian Scully’s detailed examples demonstrate how the YCJA encourages innovative and compassionate approaches to sentencing, balancing accountability with opportunities for rehabilitation. Watch the video to explore how creative enforcement methods can transform young lives and promote justice.
