Table of Contents

• FOREWORD
• PREFACE
• CHAPTER 1: OFFENDING BY YOUNG PEOPLE IN HISTORICAL PERSPECTIVE
• Introduction
• Young People and the Law
• Youth Crime as a Social Problem
• Responses to Youth Crime
• Institutional Responses
• Houses of Refuge
• Dissatisfaction with Institutions
• The Juvenile Court
• CHAPTER 2: LEGISLATION DEALING WITH YOUNG CANADIANS IN CONFLICT WITH THE LAW: A BRIEF HISTORY
• The Need for Context
• Challenges of Criminal Law
• The Role of Police
• The Early Years
• Legislative History
• The Introduction of the Criminal Code of Canada
• Responses to Youth Imprisonment
• Legislative Responses
• Ontario Children’s Protection Act
• The Juvenile Delinquents Act
• Canadian Division of Powers
• Expansion of Criminal Offences
• Reliance on Provincial Co-operation
• Creation of Juvenile Probation
• Criticism of Juvenile Delinquents Act
• The Young Offenders Act
• End of Status Offences
• Key Provisions of the Young Offenders Act
• Criticisms of the Young Offenders Act
• CHAPTER 3: CURRENT LEGISLATION RELATING TO YOUNG PEOPLE
• The Young Person and the Law
• Constitutional Framework
• Federal Powers
• Provincial Powers
• Delegation of Powers
• Doctrine of Paramountcy
• Incarceration
• The Criminal Code of Canada
• The Canadian Charter of Rights and Freedoms
• The United Nations Convention on the Rights of the Child
• The Child and Family Services Act
• The Youth Criminal Justice Act and the 2012 Amendments
• The 2012 Amendments: Safe Streets and Communities Act
• Overview of the YCJA and Its Key Provisions
• Provincial Legislation
• CHAPTER 4: YOUTH CRIME: HOW BIG A PROBLEM?
• Measuring Crime
• Official Statistics
• Self-report Statistics
• Victimization Surveys
• Other Procedures
• Processing Counts of Crime
• Statistics on Youth Offenders
• Demographics
• What Kinds of Crimes Do Young Offenders Commit?
• Gender and Crime
• What Impact Did the YCJA Have on Crime Rates?
• CHAPTER 5: PROTECTING YOUNG PEOPLE: CHILD AND FAMILY SERVICES ACT
• Introduction
• What Is the Purpose of the Child, Youth and Family Services Act?
• Definitions: To Whom Does This Act Apply?
• First Nations, Inuit, and Métis Children
• Functions of Children’s Aid Societies
• Apprehensions: Role and Responsibilities of the CAS
• Warrants and Apprehension
• Peace/Police Officer Powers
• Crown Wardship
• Youth Justice
• Detention Programs or Facilities
• Rights of Children and Young Persons in Care
• CHAPTER 6: ARRESTING AND QUESTIONING YOUNG PERSONS
• Arresting Young Persons
• Points to Consider
• Who Is a “Young Person”?
• Basic Rights of the Accused
• Arrest
• Questioning the Young Person
• Requirement for Proper Procedures
• How to Inform Young Persons of Their Rights
• Explanations Appropriate to the Young Person’s Age and Understanding
• Caution Examples
• Notification to Parents
• Notification of Appearance Notice or Summons
• Persons Under 12 Years of Age
• Duties of the Peace Officer
• Other Types of Apprehensions
• CHAPTER 7: EXTRAJUDICIAL MEASURES
• Extrajudicial Measures
• Appropriateness of Extrajudicial Measures
• Police
• Police Discretion
• Notes about Extrajudicial Measures
• Crown Prosecutors
• Types of Extrajudicial Measures
• Notes about Extrajudicial Measures
• Youth Justice Court
• What Happens to the Charge after Completion of the Extrajudicial Sanction?
• Looking Ahead
• Summary
• CHAPTER 8: PRE-TRIAL DETENTION AND PROCESSING
• Pre-trial Detention
• Grounds for Pre-trial Detention
• Local Policies and Procedures
• How the CCC Applies to the Arrest and Detention of Young Persons
• Appearance before a Judge: The Show-Cause Hearing
• Conditions of Release
• Temporary Restraint, Temporary Detention, Secondary Cautions, and Bail
• Temporary Restraint
• Temporary Detention
• Secondary Caution to Charged Person
• Bail Hearings and Release on Bail
• Records
• Fingerprinting and Photographing
• Police Records
• Government Records
• Other Records
• Period of Access
• Protection of Privacy
• Accessibility of Records
• Summary: Putting It Together
• Exercise 1: You Be the Judge
• Exercise 2: You Be the Judge
• CHAPTER 9: THE YOUTH JUSTICE COURT: THE TRIAL AND SENTENCING
• Jurisdiction: Youth Justice Court
• The Main Players
• Pre-trial and Trial Matters before the Court
• Stages and Phases in Court Proceedings
• How Does Youth Court Compare to Adult Court?
• Sentences
• Purpose and Principles of Sentencing
• Information Gathering: Determining What Is Best for the Youth
• Youth Sentencing Options
• In-court Sanctions
• Community-based Sanctions
• Statistics on Sentencing
• Custody and Supervision
• Exercise: You Be the Judge: A Case for Adult Sentences
• CHAPTER 10: CUSTODY AND SUPERVISION
• Custodial Provisions
• Levels of Custody
• Terms of Custody
• Youth Correctional Statistics in Canada
• Indigenous Youth
• Length of Stay
• Relationship Custody
• Extraordinary Measures While in Custody
• Review of Sentences
• Re-integrative Leave
• Conditional Supervision
• Custodial Alternatives
• Conclusion
• CHAPTER 11: THE CRIMINAL JUSTICE SYSTEM: ITS OBJECTIVES AND THE PLACE OF RESTORATIVE JUSTICE
• The Objectives of the Criminal Justice System
• Restraint
• Retribution
• Specific Deterrence
• General Deterrence
• Symbolism
• Rehabilitation
• Restitution
• Summary
• Youth Criminal Justice System
• Restraint
• Retribution
• Specific/Individual Deterrence
• General Deterrence
• Symbolism
• Rehabilitation
• Restitution
• Focus on Reintegration and Restoration
• Restorative Justice in Canada
• Restorative Justice: An Indigenous Tradition
• Restorative Justice and Youth in Conflict with the Law
• CHAPTER 12: INTERACTION: YOUNG PEOPLE AND THE POLICE
• Young People and the Police
• Attitudes Towards the Police
• Age
• Social Class
• Race and Ethnicity
• Misunderstanding
• Adversarial Contact
• Enhancing the Image
• Dealing with Young People
• Special Circumstances
• Child Endangerment
• Children Who Are Out of Control
• Young People with Mental Health Issues
• Dealing with Gangs
• Bullying and Cyberbullying: The Impact of Social Media
• How Social Media Is Transforming Youth Crime
• APPENDIX: YOUTH CRIMINAL JUSTICE ACT
• GLOSSARY
• REFERENCES
• INDEX

About the Author

Denise Whitehead is an Assistant Professor in Sexuality, Marriage, and Family Studies at St. Jerome’s University.

Mark Hunter is a lawyer and a member of the Bar of Ontario.

Reviews

This is a very thorough text. It covers the history of youth involvement with the law and all laws and statutes relating to youth. An all-encompassing reference for this topic."" - Kathy McCormack, Centennial College