Evaluating the Extrajudicial Measures and Sanctions within the Youth Criminal Justice Act

Since the introduction of the Youth Criminal Justice Act (YCJA), there have been some concerns about the effectiveness of young people utilizing extrajudicial measures and extrajudicial sanctions. This article investigates if the implementation of these measures has created positive impacts for young offenders or if it is equivalent to just “a slap on the wrist.” Using a lens of restorative justice, the strengths and weaknesses of youth circles, youth committees, and victim-offender mediation programs are examined. This article explores the roles of those involved within extrajudicial measures and sanctions and addresses the gaps that exist within this section of the YCJA. Ultimately, this article finds that the restorative justice practices of extrajudicial measures and sanctions are effective at supporting young people throughout the legal process. It discovers that the programs offered for young offenders can give them a voice in their situation and create a connection to their community. However, there are changes needed in the areas of consistent data collection, proper fund allocation, and programming availability.

Challenging the Myth of Color Blindness in Restorative Justice Programs

Using critical race theory and institutional ethnography as frameworks, this paper investigates the Extra-Judicial Sanctions (EJS) Program, as implemented in Calgary, Alberta, and its lack of ability to achieve transformative restorative justice in the cases of racialized immigrant youth. The failure to recognize the impact of race, ethnicity, and immigrant status in the Youth Criminal Justice Act is considered problematic as this paper challenges the notion of color blindness. It is suggested that a color-conscious approach be used in the EJS Program to incorporate inclusive institutional policies explicitly to foster a sense of belonging among racialized immigrant youth.

Rural Policing, Youth and Overlapping Fields of Youth Justice

In the current article, we document the changing roles and responsibilities related to the implementation of the Canadian Youth Criminal Justice Act ( YCJA). Police officers’ experiences and responses to the implementation of the YCJA reveal a disparity between the officers’ idealised role and their actual tasks involving youth. Drawing on Bourdieu’s theory of the habitus and field, we consider the field of youth justice and its effects on rural policing strategies in Canada. We consider the shifting standard for police behaviours from data gathered through interviews and focus groups with police officers. We find standards in the field of policing shift to reflect new realities enacted with the YCJA.

“Do you understand these charges?”: How procedural communication in youth criminal justice court violates the rights of young offenders in Canada

This paper considers Canada’s young offenders in the context from which they enter the youth criminal courtroom. To determine how youth criminal justice courts violate the Canadian Youth Criminal Justice Act (YCJA), this analysis relates said context to several phenomena, including legal linguistics, oral language competency, literacy, communicative competency, non-verbal communication, the physical structure of youth courtrooms, and legal translation (Government of Canada eds. 2018. Youth criminal justice act. Ottawa: Government of Canada.). As a result of the standards of procedural communication upheld by the Canadian criminal justice system, young people’s rights, including the right to be respected regardless of cultural, ethnic, or linguistic differences, the right to be heard and to participate in proceedings, the right to be sentenced meaningfully, the right to privacy, and the right to be tried in a timely manner are abused in the youth criminal courtroom. Although insufficient structures of procedural communication cause these issues and are beyond the control of counsel, defense counsel are often blamed for their effects. Legal professionals must make important adjustments such as altering the formal speech required in youth criminal courtrooms, employing legal professionals with the role of translating legal jargon to young people in the courtroom, and closing youth courtrooms off from the public to reduce the YCJA violations occurring in youth criminal justice court. These adjustments are ultimately the responsibility of the Canadian criminal justice system.

The Misinformed Versus the Misunderstood

The Youth Criminal Justice Act (YCJA) came into effect in 2003 as a response to the overincarceration of youth that occurred under its predecessor, the Young Offender’s Act (YOA). Parliament’s intention was clear in repealing and replacing the YOA in favour of the more restorative YCJA: no longer would custody be considered an appropriate response to youth crime. More than a decade has passed since the introduction of the YCJA, and statistics reveal that it has had incredible success in reducing the rate of overall youth incarceration. What remains problematic, however, is the persistent and prevailing issue of the overincarceration of Indigenous youth. The purpose of this article is to unpack the complexity of this issue, identify its causes, and to ultimately propose different strategies to help reduce a custodial response to Indigenous youth crime. In achieving this goal, the article will begin with an overview of the YCJA and an exploration of its restorative provisions to argue that the legislation itself is not at fault. The article will then provide current statistics on the overincarceration of Indigenous youth, and subsequently, examine some of the most popular explanations as to why the issue continues to persist. Finally, and perhaps most importantly, the article will conclude by proposing several strategies – such as the implementation of more Aboriginal Youth Courts – to better address the overincarceration of Indigenous youth moving forward.

The Last Bastion of Rehabilitation: Contextualizing Youth Correctionalism in Canada

This article draws on research conducted with Canadian provincial correctional officers who have experience with youth in closed-custodial settings since the enactment of the 2003 Youth Criminal Justice Act. In Canada, where attempts to avoid a full embrace of the punitive turn seem to be persistent, we examine youth justice as the “last bastion” of the rehabilitative ideal as mediated by youth correctional officers. Our findings reveal that while officers retain a clear commitment to the ideal of rehabilitation and a desire to “save” young people, they are increasingly under siege by the changing context of prison, shifting managerial priorities, and the paradox of trying to help convicted youth in an inherently punitive environment.